HomeMy WebLinkAbout2001-10-08 Info Packet of 10/4,tor CITY COUNCIL INFORMATION PACKET
www.icgov.org
OCTOBER 8 WORK SESSION ITEMS
IP1 Memorandum from City Manager: Nuisance Ordinance
MISCELLANEOUS ITEMS
IP2 Letter from City Manager to Barbara Stay: Trees at the Corner of Ellis and River
Streets
IP3 Memorandum from City Manager: Iowa League of Cities - City Voices Advocacy
Network
IP4 Memorandum from City Manager: Public Intoxication Arrests
IP5 Memorandum from City Manager: Garbage Searches
IP6 Memorandum from City Manager to PCRB Chair: Complaint 01-01
IP7 Memorandum from Police Sgt. Mike Brotherton: Off Premises Alcohol Sales Update
iP8 Email from John Gross to Police Chief: Downtown Policing
IP9 Memorandum from Police Officer Mebus to Police Chief: Community Relations
Monthly Activity Report
IP10 Memorandum from Police Captain Widmer to City Manager: Use of Force Review
IP11 Memorandum from City Clerk: September 24 Work Session
IP12 Memorandum from Kim Johnson to City Manager: Capital Improvement Projects
Presented for Acceptance at the October 8 Formal Meeting
IP13 Memorandum from City Manager to Council Economic Development Committee:
National Guard Unit - County Property
IP14 Letter from Charles Meardon and Dennis Mitchell to Planning & Community
Development Director and Housing & Inspection Services Director: 403 S. Lucas and
619 Burlington Street
IP15 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year
'99 Total, FY00, FY01 and FY02
IP16 Letter from Jan Wilcox to The Editor: Fareway
IPI 7 City of Iowa City Leaf Pickup 2001
IP18 Email from Carol DeProsse to icprogs@yahoogroups.com; LSP@list.uiowa.edu; iagp-
johnsoncounty@yahoogroups.com: Charter [previously distributed]
October 4, 2001 Information Packet (continued) 2
Letter from Tim Walker and Jerry Hartsen: Neighborhood Council Housing
Subcommittee (Distributed at 10/3 Work Session)
City of Iowa City
MEMORANDUM
Date: October 3, 2001
To: City Council
From: City Manager
Re: Nuisance Ordinance
At your work session on Monday, October 8 you will be discussing how to proceed to
address a request from the Neighborhood Council concerning revisions to our housing/
nuisance ordinances.
I believe your policy and the direction you may choose to take could have significant and
long-term consequences in our community. In addressing this issue a variety of City
operating departments and community interest groups will need to be involved. The
Council will receive many opinions, ideas, and other information designed to influence you
concerning this policy proposal.
Within our neighborhoods there exists a concern about the disruptive behavior of tenants
in rental housing. There is also concern for unsatisfactory management of properties by
landlords. This can often lead to a property becoming run down and unsightly, further
distracting from the neighborhood peace. The Neighborhood Council strongly urges a
more aggressive City government as it relates to housing code enforcement and believes
in establishing far more stringent consequences for activities that are found to be contrary
to our local codes and ordinances. The recommendation of the "Davenport" ordinance
represents these interests as well as, I believe, is an expression of the depth of concern.
The City Attorney's office is reviewing the Davenport ordinance and we are attempting to
secure other information associated with the issues identified in the Neighborhood
Council's memorandum of September 20.
As you know our housing code is enforced by our Department of Housing and Inspection
Services. Other City departments also provide support to this department. We have
generally met with community acceptance of our housing code. Although complaints do
occur about housing code enforcement, it appears to have been generally accepted as a
pad of our community's standard, that being it is expected that the City government will
work toward providing safe, sanitary, and decent housing for our residents. The
neighborhood's concerns appear to be that even with enforcement of the housing code
certain tenants/landlords disregard their responsibility to be good neighbors and, through
the use of the City's housing code, we are being called upon to minimize the frequency of
this disruptive behavior and its effect on our neighborhoods. This can be a complex
undertaking.
The idea of a community committee to discuss and identify issues would be helpful,
notably due to the diversity of interests which affect your policy decision. Through the
proposed committee, we can have a community discussion to identify issues and propose
responses in the form of either legislation or other Council policy. Most important, I
believe, it will allow a forum for all interested parties to share their concerns and particular
perspective on these housing and nuisance issues. In order to address the Neighborhood
Council's concerns I believe we need to be as inclusive as possible in identifying diverse
interests to serve as the committee appointees.
Nuisance Ordinance
October 3, 2001
Page 2
For example, the divergent interests involved are not only City staff such as those in
Housing and Inspection Services, Police, Neighborhood Services, Public Works, etc. but
also community interests that involve tenants, landlords, neighborhood associations,
realtors.
I will remind the Council that not too long ago we undertook addressing some of these
issues by way of an amended disorderly house ordinance. The Council was criticized by
many concerning this proposal and much of which was directed toward police involvement
in attending to these types of neighborhood complaints and disruptive behavior that
occurs in our neighborhoods. I cannot help but believe that as proposed by the
Neighborhood Council, we can expect greater police involvement. An additional factor is
alcohol will also be a concern. This issue only recently having a thorough going-over.
As you discuss this matter and move to create this community committee, would again
reiterate the importance of identifying a variety of interest groups and identification of a
specific charge or direction to them as you bring them together. We must be able to
identify and discuss specific circumstances and issues in order that for all parties to be
effective in presenting their concerns, interests, and proposals to the City CoUncil.
CRy
October 2, 2001
Ms. Barbara Stay
340 Ferson Avenue
Iowa City, IA 52240
Dear Ms. Stay:
This note is in response to your recent correspondence to the City Council
regarding trees at the corner of Ellis and River Streets.
City staff have discussed the trees with the property owner. It is our
understanding the owner tried to identify a way the trees could remain and still
allow construction of the desired apartment building. That was apparently not
possible. I have enclosed a letter from the property owner to River Street
neighbors that provides a historical account of the current plan. Arborists had
determined the oak was diseased and the pine was not an exceptional tree as it
had three trunks. It is my understanding the trees were cut down this morning.
We appreciate your concern for the trees; however, the property owner was well
within her right to cut down them down to utilize the property for this project.
Sincerely yours,
City Manager
Enclosure
cc: City Council
Julie Tallman, Development Regulations Specialist
Terry Robinson, City Forester
PARSON5 PROPERT]ZE5
1131 E. Washington Street
Iowa City, ]Zowa 52245
338-3975
September 18. 2001
Dear River Street neighbors:
This letter is to provide you with accurate information regarding our property at 220 River
Street. As you know, we have demolished the fratemity house that was on the site, and are presently
having our architect draw plans for a fourteen unit apartmentjcondominium project. In order for you
to fully understand the present situation, some background is necessary.
When we purchased the property in 1992 from the fraternity organization, the building was
in extremely poor condition. The building had been poorly maintained, and there were among other
things a leaky roof and badly peeling paint on the exterior. The grounds were unkempt and littered
with trash. Those of you who lived in the neighborhood prior to 1992 should remember how bad
the property used to look. We have tried to be good stewards of the property, and have spent
considerable time and money to improve the appearance of both the building and the grounds. We
have planted everything that is in the yard, with the exception of the two large trees. We have put
in flower beds, hosta beds, a long row of lilacs for screening along Ellis Avenue, and numerous other
shrubs and trees. We have kept the property looking nice by mowing, trimming, and picking up
litter frequently. Many neighborhood residents have conunented favorably on how nice the property
has looked.
The fraternity we had rented to for the past seven years was, like many others, struggling to
keep enough members to support a house. We made financial accommodations to them during the
last two years they were there, but they were still unable to make a go of it. In the fall of 2000, we
posted a large sign and began advertising for a new group to rent the property. Our preference was
to keep the structure that was there, and remodel as necessary tbr the needs of a new group. We sent
many letters and marketed the property to not just fraternities, but also to other University and
church related organizations. By May of 2001, it was apparent that renting to another group was not
a viable option, and we did not want to rent out the building as a rooming house. We looked into
remodeling the existing structure into apartments, but given the limited number of units that could
be made, plus the huge cost of the remodeling, it was not financially feasible. The structure, which
was at one time, years ago, a "beautiful old building" and private residence, bad been substantially
altered in 1965 by the addition of a large dormitory-style addition. Hardly anything renmined inside
of the original building, and 30 years of fraternity usage had taken its toll upon the condition of the
interior. Restoring the property to a single family residence was not really a viable option. either.
page two
River St. letter
September 18, 2001
We therefor decided that demolition of the existing building and construction of an attractive
and nice new building was really the best option. We hired an architect who has been working on
the plans. Our directions to him xvere that we wanted an attractive building, and we wanted to save
the large white pine and especially the oak tree. After much time and effort on his pan, it was
reluctantly determined that was simply not feasible. He looked at designing an L-shaped building.
designing two buildings. designing a building with a courtyard, but nothing would work. Not only
xvould we have to accommodate the large "dripline" of our oak tree, but also the large dripline of
the huge oak directly to the west, on the adjacent property. There was simply no way to do it.
We have had several tree professionals come in to look at our trees, as we plan to relocate
two other existing trees. We have been advised by two different experts that in their opinion, the
oak tree is dying. If you look at the back (noah) side of the oak tree, from Ellis Avenue, there is an
area of dead branches that has not been there before. We have had the trees regularly trimmed, with
the last trimming in January 2001, just eight months ago, and the dead area has appeared since that
time. This is some small consolation, but it would not make good sense to compromise what will
be a very attractive building by trying to build it around a tree which may die within a few years.
As you may know, within the past few years at least two other very large nearby oak trees have died;
one was located on the Maxwell property across River Street, and one was on the Phelps property
adjacent to ours. Also, white pines are also somewhat notorious for being susceptible to disease and
insect infestations, and dying within a matter of months once they are afflicted.
We believe that the new building will be an attractive asset to the neighborhood. We are
trying to incorporate some of the Arts and Crafts-style design features of the old house into the new
building. There will be 35 foot yard setbacks along the east and west yards (the River Street and
Ellis Avenue sides), and we plan to do extensive plantings and landscaping. We will be moving
two large trees to the River Street side, and the site plan calls for at least three additional new trees.
We are locating all of the required parking underneath the building, and the entrance will be at the
northeast end offof Ellis Avenue. Virtually all of the existing paving will be removed, and we are
trying to maintain as much of the yard space as possible.
We do have several other properties located in Manville Heights, and have as much desire
as anyone to keep Manville Heights a pleasant. attractive place to live. Most recently, we have
undertaken a major renovation of the former fraternity house at 339 N. Riverside Drive. This
wonderful old (but run down) building is being converted into twelve deluxe apartments, and over
$l million will be invested in the project before it is completed. We also have several other "ties"
to the neighborhood since Gary Klinefelter, my husband, grew up in Manville Heights and attended
Longfellow Elementary School, and my grandfather and great-grandfather built a house on
Lexington Avenue, where my great-aunt lived for many years, and where my uncle and aunt now
live.
page three
River St. letter
September 18, 2001
This letter has turned out to be longer than 1 would have liked, but we want you to know that
this is not an issue which xve have undertaken lightly, nor has it been an easy decision to make. We
believe that our "past acts" showing us to be good stewards of the property at 220 River Street
should demonstrate our commitment to the neighborhood to develop and maintain a nice looking
property. Removal of the trees is unfortunate, but necessary. We intend to continue being good
stewards of the property, and provide the neighborhood with an attractive building and grounds,
which will be well maintained.
If you have any questions, please feel free to call.
Sincerely,
Cindy Parsons, owner
City of Iowa City
MEMORANDUM
Date: October 2, 2001
To: City Council
From: City Manager
Re: Iowa League of Cities - City Voices Advocacy Network
Attached is a copy of a letter directed to me asking for my participation in the new Iowa
League of Cities "City Voices" advocacy network. As you know I have been involved in
League activities for many years and currently serve on the executive board of the
League. I have indicated I would participate in this new legislative lobbying effort.
It will require that we develop some type of procedure and policy direction from the City
Council to me in order that I might be able to direct your interest and any planned
initiatives we might have into the "City Voices" system. Please give the matter some
thought and some time later in the year we can schedule a work session discussion in
order to effectively use this new tool.
Attachment
cc: Dept. Directors
rngr/n~mos/cityvoices.doc
'] ?~ Z'] . t 317 Sixth Avenue, Suite 1400
!~!, ' ° Des Moines, IA 50309-4111
(515) 244-7282
I ~ v~w.iowaleague.org
September 28, 2001
Steve Atkins
City Manager
410 E Washington Street
Iowa City, IA 52240
Dear Steve:
The Iowa League of Cities would like to invite you to be part of our new advocacy effort. Our goal is to have
at least 100 city officials; both elected and appointed, in all 100 legislative districts to be part of our
"City Voices" advocacy network.
This network will be an online community of city activists and will serve as a lobbying source for League
legislative issues. All material will be via email on a list service so that we can get legislative action calls,
updates and information to you as quickly as possible, allowing you to contact your lawmaker and support our
legislative efforts at the Capitol.
City Voices will provide an opportunity for state lawmakers to see firsthand the knowledge and talent at the
local level. Iowa has 950 cities and over 7000 city officials, people that care about their community and know
the immediate impact of legislation. We foresee this initial group of invitees to City Voices expanding, so
please do not hesitate to suggest other city officials you think might be interested.
To initiate your participation in the network, send an email to cv@iowaleague.org and provide your name, city
and title. Also please mark your calendar for an advocacy training session in Des Moines on January 3, 2002.
This will allow you to meet other officials in the network and provide you with the tools to effectively lobby
your lawmakers to make decisions that help cities and avoid laws that diminish Home Rule authority.
Thank you for your continuing efforts with local government, we look forward to working with you. If you
have any questions on City Voices or if you are not interested in participating please contact Konni Cawiezell,
assistant director of governmental affairs, at 515-244-7282 or konnicawiezell@iowaleague.org.
Sincerely,
Thomas G. Bredeweg
Executive Director
TGB:sr
City of Iowa City
MEMORANDUM
Date: October 1, 2001
To: City Council
From: City Manager
Re: Public Intoxication Arrests
Last week the Iowa City Gazette ran a story concerning public intoxication arrests and
related issues. I routinely receive from the police department a summary of public
intoxication arrest information. I do this for a number of reasons, one of which is to
address the issue of "arresting too many people" and thereby causing overcrowding in the
jail. While this is certainly a generalization, I thought by having a weekly report I can have
some sense of the police activity involved in these public intoxication arrests.
During the week of Monday, September 10 through Sunday, September 16, there were 30
incidences of public intox arrests. This is an unusual number for a week, as it is often in
the 10 - 15 range.
I thought you would find some of the following information interesting as it relates to these
30 incidences. Keep in mind legally drunk is a PBT (breathalyzer) of .10.
Of the 30 incidents:
1. Average age was 29 years +
2. 7 were under age (less than 21 )
3. 6 refused field PBT
4. Average PBT was. 181
5. 9 were over .200 PBT
6. 2 were over .300 PBT
Additional offenses/charges incidental to the public intox arrest.
1. 1 arrested by warrant as a sex offender
2. 10 damage to property or disrupting a business establishment
3. 9 could not control themselves, falling in street, passed out
4. 2 drug possession
5. 4 assaults, fighting
6. 1 weapons
7. 2 theft
mgr/mem/intoxarrestsdoo
City of Iowa City
MEMORANDUM
Date: October 2, 2001
To: City Council
From: City Manager
Re: Garbage Searches
Of late there has been discussion in our community about the practice of the Iowa City
Police Department (and I assume other police agencies) searching household garbage
which citizens have placed on the public right-of-way for pick up by City trash removal
crews. The picture painted is one of the Iowa City Police Department routinely and
indiscriminately targeting curbside garbage bags for purposes of hoping to find evidence
of illegal activity. Allegations of arrests based on what is found as a result of the searches
of the bags have also been made. Although acknowledged the practice is legal, there is
much misunderstanding about the specific circumstances as well as the law as it applies
to the use of garbage searches. I asked the police to review for me their practices.
Additionally as allegations of planting evidence in garbage have also been made I felt it
important for the City Council to be aware of the actual practices and procedures.
In their review with me, I noted there were no incidents in which the police department
made an arrest based solely upon what was found in someone's garbage. Also, no
warrants have been issued where the results of the garbage search was the only factor
used for establishing probable cause to obtain the warrant.
In the normal course of police activity the police department frequently receives
complaints/information from the public regarding alleged illegal drug activity, and usually a
person's name or a location/residence is given. While many of the calls are made
anonymously, the Code of Iowa (22.7.18) is very clear that citizens can withhold their
name when calling a public agency, particularly when making a report which they are not
required to make. Also, information is received by officers in their normal contact with the
public. The information is examined and compared with other information the department
may have at its disposal. A police investigator may conduct a check of local complaint
records and/or criminal histories. An investigator may conduct surveillance at the
designated location, talk with neighbors, seek out known associates of the individuals or
use confidential informants. The examination of garbage is merely used as an additional
tool in establishing probable cause.
If it is decided to examine garbage, the investigators look for documents or other evidence
to show the garbage came from the person/residence about whom a complaint has been
registered. Investigators also seek to find evidence of illegal activity, i.e., drugs or items
associated with drugs. If there is such evidence, it is all carefully documented. The
investigator can then use the findings to establish probable cause in obtaining a search
warrant for the person or residence.
After drawing up the warrant, it is taken to the Johnson County Attorney where it is
examined for content and legality. After the County Attorney signs off, it is taken before a
judge who examines the warrant application a second time to make sure it is proper and
legal. After going through these two verifications, the judge may sign the warrant. It is only
then that the warrant can be carried out for the named person and/or residence.
October 2, 2001
Page 2
It should be noted that the Iowa City Police Department conducted 54 garbage
examinations during the 12-month period of July 1, 2000 to June 30, 2001. Of that
number, 16 yielded information of contraband, which was used as pad of the probable
cause to obtain a warrant. Of those 16 warrants, all 16 resulted in illegal drug seizure from
the specified area searched.
In summary while much may be said in community discussion, it is a tool used sparingly in
our community.
cc: R.J. Winkelhake
County Attorney
mg~mmos/garbagedoc
City of Iowa City
MEMORANDUM
Date: October 2, 2001
To: John Watson, Chair, PCRB
From: City Manager
Re: Complaint 01-01
Thank you for your response to my inquiry concerning PCRB Complaint 01-01. In order to
undertake any policy change in addressing a sustained complaint, I believe it is important
to have all available and relevant information. I would hope you would agree. Without all
relevant information, we could prepare a possible policy or operational amendment that
does not fulfill the interest of the PCRB, our police department, the interests of the City
Council, or our community.
My concern is that we may not have all relevant factual information available to us. The
PCRB has apparently conducted an investigation, which included additional interviews
with the complainants, and based upon those facts, the advice of your attorney and the
input of other parties, has reached its conclusion for sustaining Complaint 01-01. In
preparing to address the policy issues affected by your sustained complaint finding, I am
concerned the police and City Council may not have available to them all information
pertinent to this issue. For example, it appears the PCRB interviewed a 15-year-old youth
who was a material witness in this complaint. The police were not permitted to interview
this individual. The information gained apparently has some relevance to your findings,
and I believe this information could be helpful to our police in their review of policies and
procedures.
I would like to appear before the Board in order to discuss this issue. I will leave the
schedule to your discretion. In doing so, I will ask a representative of the City Attorney's
Office to accompany the Chief and I to this meeting. Our police department routinely
receives guidance from our City Attorney's Office as they did in this matter. Since the
PCRB has reached a differing legal conclusion based on its factual information concerning
complaint 01-01, I believe a discussion of the issues is important before proceeding with
any policy change, particularly conflicting legal conclusions. A specific concern of mine, as
identified in your report, is a commentary concerning the possibility of illegal activity. I
believe in sharing information we can not only have a better public policy, but also
improved operating procedures for the police department.
October 2, 2001
Page 2
I have been requested by the City Council to discuss this matter in a work session with
them. At this time it would be difficult for the police, my office, and/or the City Attorney to
comment as to the basis of your conclusion and its policy implications when we may not
have all the information available. Please let me know when our attendance at a PCRB
meeting would be convenient.
cc: City Council
City Clerk
R.J. Winkelhake
Sarah Holecek
mgr/ltrs/watson doc
Iowa City Police Department
Memo
To.' Steve Arkins, City Manager, & RJ Winkelhake, Chief of Police
From= Sgt. Mike Brotherton, planning & research
Date= 10/03/01
lie= Off Premise Alcohol Sales Update
Officers have started conducting checks of businesses that hold liquor
licenses for the off premise sale of alcohol. The focus has been the
monitoring of these businesses for the sale of alcoholic beverages to
under-age persons.
Although we have been inputting the data into our new computer
system, we currently do not have the ability to extract the information
into report form.
ITS has been working on generating the format for all our new reports
and I anticipate these will be ready in the next two weeks. I will forward
the September report as soon as it becomes available.
· Page 1
10-04-01 I
Marian Karr IP8
From: John Gross rigross@techiowa.com]
Sent: Wednesday, October 03, 2001 4:01 PM
To: d-winkelhake@iowa-city.org
Cc: steve-atkins@iowa-city.org; council@iowa-
city.org
Subject: Downtown policing
R J, from my point of view at Technigraphics, the "rowdy kid" problem this summer has been very minimal. Your officers
seem to have kept things under control pretty well. Very few skaters are performing, littering and loud and obnoxious
behavior are minimar.
So thanks to your downtown officers are in order.
John Gross
10/3/0 1
To: Chief Winkelhake
From: Officer R. A. Mebus
Ref: Monthly Activity Report
Date:
Copy: Captain Widmer
During the period covered by this report, 1__0 different officers spent a total of 19
hours participating in than 10 community events and had contacted nearly 1,376
persons. Listed is an overview of the different events.
DATE OFFICER Contacts Length Activity
09-02-01 Droll 75 4.0 hrs Pheasant Valley
Neighborhood Picnic
09-04-01 Mebus 25 2.0 Hrs PTO Parent Meeting
09-04-01 Mebus 50 (3- 1.5 hrs Kindergarten Introduction
classes)
09-06-01 Hewlett 6 .5 hr Tour of ICPD
09-09-01 Sammons 15 t.5 hrs Neighborhood Watch Meeting
09-11-01 Brotherton 15 t.5 hrs Ecumenical Tower Coffee
09-10-01 Shaffer 350 t .5 hrs Longfellow Elem. Annual
Noon Picnic
09-13-01 Singleman 500 2.5 hrs Weber Elem. Health Fair
09-23-01 Fowler/Frank 300 2.5 hrs BigBrother/Sister Event
09-25-01 Brotherton, 15 1.5 hrs Ecumenical Tower Coffee
Widmer,
Singleman
During this month, Community Relations Officer Mebus attended the
80 hr DARE Training Program and the 32 hr, NHTSA Child Safety
Seat Technician Certification Program
Department Memorandum
DATE: September 21, 2001
TO: Steve Atkins
FROM: Captain Widmer
SUBJECT: Use of Force Review
Police Department dispatch records reveal that for the four month period covered by the
March - June review, the department received 23,635 calls for service. A call for service
is contact with a police department employee by a citizen or by action initiated by a
department employee. Note these are "official documentation" of calls for service and do
not reflect all contacts. Police officers and community service officers interact with
hundreds of people each day for which there is no call for service documentation. There
were 45 occasions when officers utilized fome of some type during March 1 to June 30,
2001. All of the 45 occasions when force was used were proper in the application and in
accordance with department policy. By definition, the use of force "is any contact applied
by an officer that significantly restricts or alters the actions of another and/or compels
compliance with the demands or instructions of the officer." This includes anytime an
officer has physical contact with someone as a means to cause them to comply with
legally mandated issues (routine handcuffing per safety policy excluded). It also includes
officers defending others or themselves from assault.
As you will note, this translates into 99.998% of documented calls for service being
handled without using force. The use of force review and subsequent report has become
a useful tool in identifying training and policy issues. It also puts into perspective how
rarely force is utilized by our police department.
copy: ChiefWinkelhake
City of Iowa City I
MEMORANDUM
Date: October 4, 2001
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 24, 2001, 6:40 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn
Staff: Atkins, Helling, Dilkes. Karr, Mollenhauer, Schoon, Franklin, Craig, Davidson,
Trueblood, Matthews, O'Malley, Schmadeke, Holecek, Boothroy, Fosse,
Klingaman, Fowler
Tapes: 01-85, Side 2; 01-66 and 01-87, both sides. (A complete transcription is available
in the City Clerk's Office)
JOINT MEETING WITH LIBRARY BOARD - PARKING (IP2 of 9/20 Info Packet)
(Board Members Magalhaes, Singerman, Dellsperger, Parker, Swaim, Prybil present).
Parking & Transit Director Fowler present for discussion. Council reassured the Library
Board that library parking needs will be addressed and provided in the selection of a
preferred developer for 64-1 a.
STAFF ACTION: None
PLANNING & ZONING ITEMS
PCD Dir. Franklin presented the following items:
A. Motion setting a public hearing for October 8 on an ordinance to rezone approximately
14.07 acres of property from Low Density Single Family Residential, RS-5, and
Planned Development Overlay - Low Density Single Family Residential, OPDH-5, to
OPDH-5, for approximately 14.07 acres of property located south of Village Road and
north of Wintergreen Drive. (REZ01-00014)
B. Ordinance amending the Zoning Code, Article O, Sign Regulations, to permit canopy
roof signs. (First Consideration)
C. Ordinance to rezone approximately 30.11 acres of property from Rural Residential,
RR-1, to Sensitive Areas Overlay - Low Density Single Family Residential, OSA-5,
located at the west end of Bristol Drive. (REZ01-00011 ) (Second Consideration)
D. Ordinance to rezone approximately 38.24 acres from Low Density Single Family,
RS-5, County Highway Commercial, CH, County Local Commercial, C1 and County
Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres), Medium Density
Single Family, RS-8 (21 acres), and Low Density Single Family, RS-5 (6.22 acres) for
property located east of Scott Boulevard and south of Rochester Avenue and Lower
West Branch Road. (REZ99-00017) (Pass and Adopt)
Council Work Session Minutes
September 24, 2001
Page 2
Franklin stated that items D and E would have to be deferred indefinitely as the
rezoning can not be finalized until after the annexation is approved by the City
Development Board.
E. Ordinance rezoning approximately 105.2 acres of property from, Suburban
Residential, County RS, to Low Density Single Family, RS-5 (45.08 acres) and
Medium Density Single Family, RS-8 (60.13 acres), for property located north of Court
Street, south of Lower West Branch Road, and east of Hummingbird Lane. (REZ01-
00004) (Pass and Adopt)
See previous item.
F. Resolution approving the final plat of a Resubdivision of Lot 236, Washington Park
Addition, Pad 11 (Arbor Hill), an 8.02 acre, 2-lot residential subdivision located north
of Washington Street, east of Green Mountain Drive. (SUB01-00017)
Franklin stated the attorney for the applicant had requested deferral until October 8.
AGENDA ITEMS
1. (Item #10 - Public hearing and Resolution approving .... Hickory Hill Park trail
project...) Parks & Recreation Dir. Trueblood present for discussion, and reported that
both groups who addressed Council previously at the public hearing had been
contacted and their concerns addressed. Majority agreed to proceed.
2. (Item #3e(2) - Public hearing on South Sycamore Greenspace Seeding Project)
Council agreed to the addition of this item to the Consent Calendar.
3. (Item #6 - Resolution assessing...civil penalty) City Clerk Karr noted that the agenda
included the hearing for Outer Limits but did not reflect action on the resolution
assessing the penalty. Council agreed to add the resolution.
4. (Item #11 - Resolution authorizing agreement...Lepic~Kroeger..Tower Place) In
response to Council Member Kanner, Parking & Transit Dir. Fowler explained that the
price reflected six percent with another half percent for advertising.
5. (Item #12 - Resolution authorizing...public art funds...mural along Iowa Avenue side
of 2 S. Dubuque St.) In response to Council Member Vanderhoef, PCD Dir. Franklin
outlined the project history.
6. (Item #15 - Resolution...Atlas...sidewalk caf~) In response to Council Member
Vanderhoef, City Clerk Karr stated she would provide actual footage of the walkway
around the proposed caf~, noting that the 8 foot minimum requirement had not
changed.
7. (Consent Calendar #3f(1 ) - Resolution authorizing ... partial release of a drainage
easement...South Pointe Addition) In response to Council Member Kanner, Asst. City
Arty. Holecek stated that a property owner had started to build a swimming pool in
violation of the terms of the easement. Engineering reviewed it and found that the City
could reduce the easement and still maintain the area for drainage purposes, thus
allowing construction of the pool.
Council Work Session Minutes
September 24, 2001
Page 3
64-1a RECOMMENDATION FOR DEVELOPER (Agenda Items #3e(1) and#13)
PCD Dir. Franklin presented information. Majority of Council requested comparison
information on the two hotel projects as follows: hotel/motel tax value; assessed value;
maximum TIF requested and taxes being brought in; energy conservation
measures/environmental advantages/energy savings; amount of hotel rooms needed to
support conference space; idea of what kind of conferences that could be attracted;
information from Convention and Visitors Bureau regarding conventions held in the state
each year, rooms required, number attending; and information on University conferences
being sent elsewhere. After discussion a majority of Council agreed to defer item #13 until
October 8. Majority of Council agreed to proceed with item #3e(1) regarding the urban
renewal plan.
NEIGHBORHOOD COUNCIL PROPOSAL FOR RENTAL HOUSING ENFORCEMENT
(IP3 of 9/20 Info Packet)
Housing and Inspection Services Dir. Boothroy and Neighborhood Coordinator Klingaman
present for discussion. A majority of Council referred the matter to the Housing Client
Advisory Committee scheduled to meet October 4 and get the proposal out; get a report
back to Council after that meeting of interest, timelines, and potential committee make-up.
Staff Action: Prepare report after October 4 meeting. (City Manager)
GAS & ELECTRIC FRANCHISE
Asst. City Manager Helling introduced Bob Latham and Lewis Irvin from Latham and
Associates. Asst. City Atty. Matthews present for discussion. Bob Latham presented
information regarding franchise issues. Majority of Council agreed to discuss the
scheduling of additional work sessions to hear presentations from MidAmerican and the
public Coalition interested in public utilities.
Staff Action: Schedule further discussion on presentations at future work sessions.
(Helling)
PARK AND RECREATION TOUR (IP4 of 9/20 Info Packet)
Council Members Kanner, Pfab and Vanderhoef will be attending. No Council meeting
notice will be posted.
COUNCIL TIME
1. Council Member Wilbum confirmed the special meeting of October 16 was a Tuesday
and not Wednesday as noted on the tentative Council work session agenda. Agenda
will be changed to confirm the 16th was a Tuesday.
2. Council agreed with the Mayor appointments to the Human Services Agencies funding
hearings as Council Members Pfab and Vanderhoef. It was also noted a scheduling
problem with the National League of Cities conference and the hearings on
December 5, and a majority indicated staff should be alert and a request made to
schedule non-City agencies that evening.
Council Work Session Minutes
September 24, 2001
Page 4
3. Mayor Lehman repoded he had been contacted by the Mayor of Coralville to write a
letter endorsing the Coralville Convention Center and encouraging Vision Iowa funding
from the State. Majority of Council were not in favor of sending the letter.
4. Council Member Kanner requested greater enforcement of occupancy rates for liquor
establishments above ground floor. Majority of Council directed staff to do a spot
enforcement and requested the Fire Chief to comment on the occupancy rates and
whether they should be reviewed.
Meeting adjourned 10:35 PM
clerWm~n/9-24-Olws dec
City of Iowa City I
MEMORANDUM
Date: October 3, 2001
To: Steve Atkins
From: Kim JohnsonA~/'
Re: Agenda Items
The following are costs associated with Ca ital Improvement Projects being
presented for acceptance at the October 8t~ Council meeting:
1) Iowa Avenue Streetscape, Phase II
Contractor.' All American Concrete
· Project Estimated Cost: $ 2,509,145.00
· Project Bid Received: $ 2,457,469.00
· Project Actual Cost: $ 2,445,503.35
· University of Iowa Contribution $1,100,000.00
2) North Airport Development Project
Contractor.' Streb Construction
· Project Estimated Cost: $1,527,550.00
· Project Bid Received: $1,149,917.80
· Project Actual Cost: $1,268,079.45
3) Public Works Complex Administration Building
Contractor: Apex Construction
· Project Estimated Cost: $ 698,500.00
· Project Bid Received: $ 730,000.00
· Project Actual Cost: $ 753,944.53
4) Highway 6 Pedestrian Bridge Overpass Project
Contractor.' Iowa Bridge & Culvert.
· Project Estimated Cost: $ 860,000.00
· Project Bid Received: $1,242,356.90
· Project Actual Cost: $1,268,997.35
· Federal Funding $ 373,722.07
· University of Iowa Contribution $ 895,275.28
City of Iowa City ~ ;~,0;-; j
MEMORANDUM
Date: September 26, 2001
To: Economic Development Committee
From: City Manager
Re: National Guard Unit - County Properly
I spoke with County representatives concerning the possibility of the local Guard unit
relocating to County property off of Melrose Avenue. Apparently the discussions are
continuing. We had provided earlier information concerning utility availability. While no
specific details have been released, the County did inform me that Coralville also offered
some land to the Guard near its technology center. I have not been able to confirm this
information. It seems with the state of national affairs that some of these issues may be
"back-burnered" for a while. As I learn of any additional information I will pass it along.
mgr/mem/guardpropertydoc
I0'04'01
N1F~ROON, SU~PF'E~_ & DOW~ER P.L.C. IP14
WILLIAM L MEARDON ~ERS
JAMES D. MCCARRAGHER IOWA C~, IOWA 52240 - 1830
September 28, 2001 7 ~
Karin Fra~lin, Director ~
Depar~ent of Planning & Co~unity Development ~ ~
~ -
410 E. Washington Street ~ ~
Iowa City, IA 52240
Douglas Bootboy, Director
Depar~ent of Housing & Inspection Se~ices
410 E. Washington S~eet
Iowa City, IA 52240
Dear Karin and Doug:
We are writing to you on behalf of Greg Allen and Tas Properties. On March 10, 2000
and March 13, 2000, respectively, Greg Allen filed building permit applications on
behalf of Tas Properties for properties located at 403 S. Lucas Street and 619 Burlington
Street in Iowa City. The application for the property on S. Lucas, which was located in
an RM-12 zone, sought to increase the number of bedrooms for an existing rooming
house to 8. The application for the properW on Burlington S~eet, which was located in
an RNC-20 zone, sought to convert four existing dwelling units to a rooming house.
At the time of these applications, the City permitted rooming houses as a provisional
use provided the lot contained the ~nimum lot area required (6000 square feet in the
RM-12 zone, 5000 square feet in the RNC-20 zone) and contained at least 100' of floor
area per roomer. It is our understanding that the City consistently approved rooming
houses on this basis since the decisions of the Zoning Code Interpretation Panel which
were issued on January 5, 1983 and May 9, 1983. Copies of those decisions are a~ached.
On March 16, 2000 and March 21, 2000, respectively, the building permit applications
which Greg Alien filed on behalf of Tas Properties were denied. Greg was told the
denials were based on a new interpretation of the ordinance concerning rooming
houses. HoweveL the 1983 decisions of the Zoning Code Interpretation Panel were still
in effect. It was not until March 31, 2000 that the Zoning Code Interpretation Panel
issued a "new" interpretation which attempted to supercede the 1983 decisions.
Ms. Franklin and Mr. Boothroy
September 28, 2001
Page 2 of 2
Under the March 31, 2000 decision, the total floor area of a rooming house now cannot
exceed 330 square feet for each 2,725 square feet of lot area in an RM-12 zone and 330
square feet for each 1800 square feet of lot area in an RNC-20 zone. For example, the
property which Tas Properties owns on Lucas Street contains 9,540 square feet of lot
area and the house on the lot is approximately 2400 square feet. Under the City's new
interpretation, the rooming house on this lot could only have 1,155 square feet of total
floor area (9,540 divided by 2,725 times 330), although this 1,155 square foot structure
would be legal for 11 roomers (minimum of 100 square feet per roomer). The irony is
that Tas Properties is not permitted to allow those same 11 roomers to reside in the
current house because it has too much space for them. Instead, it would have to reduce
the size of the house to 1,155 square feet.
The March 31, 2000 decision of the Zoning Code Interpretation Panel does not appear to
be reasonably related to controlling density. There does not appear to be a rational
basis for restricting up to 11 roomers to a 1,155 square foot house, but not pern~it those
same roomers to live in a structure which contains 2400 square feet. The number of
permitted roomers, and thus the density, remains the same regardless of the size of the
structure. Furthermore, the City's new interpretation also appears to directly conflict
with the last sentence of the ordinance which provides "there shall be at least one
hundred (100) square feet of floor area for each roomer."
Tas Properties respectfully requests that the City approve the applications for 403 S.
Lucas Street and 619 Burlington Street because they were filed three weeks prior to the
time the City changed its interpretation regarding rooming houses. Tas Properties also
respectfully requests that the Zoning Code Interpretation Panel overturn its March 31,
2000 decision, or in the alternative, that these issues be discussed before the Planning
and Zoning Comnqission and City Council. At the request of our client, a copy of this
letter is also being forwarded to the City Council.
Very truly yours,
Charles A. Meardon
Dennis Mitchell
Enclosures
Cc: City Council
Sarah E. Holecek
Date: 3-Oct-01
To: City Manager and City Council
From: Dianna Furman
Subj: Utility Discount Program Statistics - Fiscal Year' 99 Total, FY' 00, FY 01 and FY 02
Water
Sewer Total
Refuse Water Accounts
Recyling Sewer on
Discount Discount Discount Water Tax Sewer Refuse Recycling Total
Month s s Program Discount Discount Discount Discount Discount Discounts
FY99
Totals 1522 795 2317 8,019.87 402.18 8,042.58 9,702.28 3,105.90 29,272.81
FY00
Totals 1688 997 2685 10,473.84 527.10 10,052.19 9,969.54 3,388.35 34,411.02
FY01
Totals 1679 975 2473 11,828.26 592.79 10,815.10 10,408.83 3,554.25 37,199.23
FY 02
Jul 116 84 200* 835.52 41.99 760.56 658.05 224.70 2520.82
Aug 127 94 221 896.00 44.90 857.69 701.10 239.40 2739.09
Sept 128 93 221 1023.68 51.25 980.49 808.71 276.15 3140.28
Oct 0 0.00
Nov 0 0.00
Dec 0 0.00
Jan 0 0.00
Feb 0 0.00
Mar 0 0.00
Apt 0 0.00
May 0 0.00
Jun 0 0.00
FY02
Totals 371 271 642 2,755.20 138.14 2,598.74 2,167.86 740.25 8,400.19
cc: Kevin O'Malley
*Renewals for discount program completed July 2001
Iori/utility/utdisc01 .xls
Letter to the Editor,
What is the real reason for turning down the rezoning request for Fareway?
I am not from Iowa City but I work on Scott Blvd. I see the Planning and Zoning committee is trying NOT
to please the people of Iowa City or the East Side, by defeating the re- zoning of Scott Blvd. Everything
seems to be on the west or northwest part of Iowa City, out of the way for a lot of people, even to go for a
few items people have to go "across" town for them.
Business growth, not industrial, has stopped on the East Side of Iowa City.
I personally would very much like to see a Fareway go up at Scott Six. It would be convenient for me to
stop for groceries after work or on my lunch break. It would also be more convenient for a lot of my co-
workers. The truck traffic is no heavier here than it is at other businesses in Iowa City.
I hope the people of Fareway keep looking at this area and are able to find a location close to Hwy 6 and
Scott Blvd to build their store.
Jan Wilcox,
Sigourney, IA
Business phone: 337-1896
Home phone 641-622-2227
.;:'. ,i:,:: Leaf Pickup 2001
The Streets Division of the Iowa City Department of Public Works
~ will again offer leaf pickup service this fall. Cooperation of the
residents of Iowa City is imperative to the success of leaf collection.
~. ,: A few things to remember:
~ I · Leaves should be raked into the parkway area (between the
sidewalk and the curb), but no farther than five feet back from
~ the curb. (If leaves are placed more than five feet back from the
curb, the vacuum equipment cannot reach them without damaging
the parkway area.)
· Leaves should never be raked into the streets as they may be
. ,::., washed into the storm sewers by rain and cause street flooding.
· --.::,.:
..}. ~:::: 4.: ' r~::;.. · ~·Only leaves can be picked up; the leaf vacuum cannot pick up
:;' ',:"i "~" brush and garden refuse.
· ' ":: · Have your leaves ready the FIRST DAY of consecutive-day
· ' pickup. When crews are scheduled to be in your area on
consecutive days (for example, pickup on November 6 & 7), they
will be in your neighborhood one of the two days, but not both.
r .e Assume your leaves will be picked up on the flint day.
,.~, · Parked vehicles also cause problems for the leaf pickup crews.
Some areas, where on-street parking is heavy, are posted for no
parking while leaf pickup crews are in the neighborhood. Where
parking is limited to alternate days, leaf pickup will occur on the
"~ side of the street without parking.
Uncontrollable factors such as equipment breakdown, heavy rains,
snow, etc. can cause delays in service, and residents are asked to be
patient and understanding. If residents desire more rapid leaf pickup,
they may bag the leaves in City of Iowa City yard waste bags and
~. :-.7.. '.,~ place them out with regular refuse for collection by City refuse crews.
Leaf burning is banned by City Ordinance.
A map showing the planned schedule for leaf pickup service is on
· ; the back of this page. Please keep the map for reference throughout
.-' the season.
Questions?
: · . Contact the IC Streets Division at 356-5181
pwst/page/LeafPickup01 p65
On behalf of the Neighborhood Council Housing Subcommittee, we propose the
following individuals to serve on the committee that will consider the proposed nuisance
ordinance:
Hillary Sale 335 9225 (possible chair)
William Buss 335 9025 (possible chair)
Jerry Hansen 338 2584
Tim Walker 351 4592
Ann Freerks 384 0059
Police Chief
City Attorney
Large apartment owner/manager
Small Apartment owner/manager (Steve ~ Vanderwoude has volunteered; 354-
0953)
University of Iowa Representative
Tenants Union Rep
Board of Realtors Rep
We firmly believe that this new committee should not be chaired by a city staff person, so
that the neighborhoods will view it as a credible one. So that the apartment
owners/managers can also view it that way, neither of the representatives from the group
proposing the ordinance, Tim Walker and Jerry Hansen, should chair the committee
either.
Tim Walker
Jerry Hansen