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MINUTES APPROVED
IOWA CITY BOARD OF APPEALS
MONDAY, NOVEMBER 4, 2013
HELLING CONFERENCE ROOM, CITY HALL
410 E. WASHINGTON STREET
IOWA CITY, IA 52240
MEMBERS PRESENT: John Roffman, Scott McDonough, Andrea French
MEMBERS ABSENT: Chad Campion
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City
Attorney), John Grier (Fire Chief), Jann Ream (Code
Enforcement Asst. acting as minute taker), Stan Laverman (Sr. Housing
Inspector), Ron Herman (Housing Inspector)
OTHERS PRESENT: Tim Meyer, Jennifer Meyer
RECOMMENDATIONS TO COUNCIL:
None
CALL TO ORDER:
John Roffman called the meeting to order at 4:00 PM
ELECTION OF OFFICERS:
French moved to elect John Roffman as chairperson of the Board of Appeals. McDonough seconded.
VOTE: John Roffman was elected Board of Appeals chairperson by a 3 -0 unanimous vote.
McDonough moved to elect Andrea French as vice - chairperson of the Board of Appeals. Roffman
seconded.
VOTE: Andrea French was elected Board of Appeals vice - chairperson by a 3 -0 unanimous vote.
CONSIDERATION OF MINUTES:
Minutes from 11/5/2012 meeting were reviewed. McDonough moved to adopt the minutes. French
seconded. The minutes were approved by a unanimous 3 -0 vote.
Appeal of the decision of the Building Official or Fire Chief — 944 Miller Avenue
Members of Board, staff and the public introduced themselves. Roffman asked City staff to present the
issues of the appeal. Stan Laverman explained that the issue was whether a bedroom in the basement
could be designated as such because of the non - compliant headroom on the basement stairs. He
explained that in 1998 the property became a rental property and the application at that time was for a one
bedroom house. Sometime during the next three inspection cycles, it became a two bedroom house.
Laverman believed this change was done in error (because of the headroom issue) by one of the three
inspectors — these inspectors are no longer employed by the City. In 2007, when the renewal application
was sent out, the property was owner - occupied and the rental permit was cancelled. The owners, Tim and
Jennifer Meyer, recently contacted the City to obtain a new rental permit because they have moved from
the property. Laverman explained that property was inspected for the new rental permit and that inspector
determined headroom in the bedroom itself was predominately 6'8" but that there is an 8'x 8' beam over
2
the last stair which brings that headroom over the stair tread down to 5'4" and 67 at the base. Laverman
stated that there are structural solutions to this problem.
Tim Meyer responded with a brief history concerning his ownership of the property. He stated he was a
1st time home buyer and the realtor had the property listed as a two bedroom house. He said that he felt
he had done his due diligence when he purchased the property in 2006 by checking on the bedroom count
both on the City Assessor's website and on the last issued rental permit. Both of the sources showed the
property was a two bedroom house and that is what he based his purchase on. When he purchased the
house, there were two tenants in the property — one in the upstairs bedroom and one in the basement
bedroom. He explained that he and his wife lived at the property until 2013 when they moved to Cedar
Rapids. They did not think they could sell the property and recover the money they have put into it so they
decided to keep the property and rent it. He felt that when the original rental inspector designated the
property as a two bedroom house in 1998 that a precedent was set. Then, when the inspection occurred to
reactivate the previously cancelled rental permit, Stan Laverman and Ron Herman found this code
violation concerning the stairs. Meyer stated that both the house and the 8' x 8' structural support beam
are 113 years old. He explained that two inches of the width of the beam overlap the stair tread. The rest
of beam overlaps the base- 6'2" headroom. He said that the house had been rented this way as a two
bedroom house from 1998 to 2006 and there were no issues that he was aware of. Also, he felt they
deserved clarification if the decision was not overruled on how this was not going to happen again in the
future. He felt they were deceived because they used the previous City designation as a two bedroom
house in their original purchase decision.
Sue Dulek presented information on a very similar case that occurred in Ames and, ultimately, was ruled
on by the Iowa Supreme Court. In this case, a developer was planning a new apartment building that
included loft space. Unsure as to whether this loft space met current codes, the developer requested an
interpretation from the City of Ames' building official. The building official said that the lofts were
permissible. When the building was completed, the City of Ames denied the Certificate of Occupancy for
the units because the lofts violated the ceiling height requirements in the building code for habitable space.
The developer appealed to the city's Board of Appeals which upheld the denial. The developer appealed
through the courts stating that he had been told the lofts were ok and he had spent hundreds of thousands
of dollars based on that opinion and now he was being told that the lofts could not be used as bedrooms.
Dulek pointed out the Meyer's appeal was a very similar situation and the issue is whether a property
owner — in this case, the Meyers — have a vested right in the use of the basement room as a bedroom.
What the court ruled is that a building official's interpretation may be binding; however, if the decision is
made in error, the permit may be revoked or not issued. So the question is if the original housing inspector
made a mistake when he allowed the basement bedroom. If the determination is that the initial rental
inspector's decision was a mistake, the City can deny a rental permit for a two bedroom house. She said
also that there is the added question concerning if there is a practical solution which could be applied to
the problem.
Tim Meyer asked how it could be determined that a mistake was made. Hennes said a start would be
looking at what code was in place in 1998 and what those requirements were. Hennes said they were the
same except for a local amendment that actually reduced headroom from 68" to 6'6" for structures that
existed prior to 1985. Dulek emphasized that if it was wrong decision in 1998 then that's just what it was —
wrong.
Then Meyer asked if the first inspector did indeed make a mistake, is the City going to go back and inspect
every house he inspected during his employment with the City? He was concerned about how many other
people are living in unsafe situations because of mistakes made in previous inspections. Dulek responded
that the City was not legally obligated to do so. Hennes explained that rental properties are inspected
every two years so when cases like this come up, they are cited. Meyer (Tim) then asked about another
code section that would seem to allow a lower headroom in situations where the lower headroom is
parallel to a wall. Hennes explained that this beam is actually perpendicular to wall and the code section
Meyer had cited had most like likely been used to allow the lower headroom in other areas of the
basement bedroom. Hennes stated that even though only two inches of the width of the beam was over
the stair tread, it still created a pinch point where there was only 5 "4" over a stair.
3
This creates a - hazard for tenants and any first responder to an emergency situation.
McDonough asked about what options were available. Hennes said it basically came down to shoring the
beam up enough in order to get an in -line beam installed. Hennes said if supports were put in on either
side of the stairs, the new in -line beam would only have to run the width of the stairs. Roffman asked
Meyer if he had looked at this solution. Meyer stated his problem was that the beam runs through the
center of a 113 year old structure and that, if the beam is cut into, the structural integrity of the house will
be affected. Roffman explained that with new supports on either side of the stair, the loads would be
transferred — you would not just be cutting into the beam and leaving it. Meyer asked if the City was going
to accept the legal liability if he did this and the house came down. Would. there be written documentation
from that City that this was safe? Hennes explained how the new bearing points would work and that the
City would issue a building permit to do the work — it would be compliant. The City would be accepting no
liability by issuing a permit and, that if Meyer wanted that type of assurance, he would need to hire a
structural engineer. McDonough said that if he was in this situation, he would just do the repair so the
issue would not keep coming up with future sales of the property. The problem would be solved.
McDonough empathized with Meyer's position. Meyer (Tim) stated that for him to be in this position was
just wrong and wanted to know what plan the City was going to put into action so this did not occur to
other property owners in the future. Laverman responded that the training of inspectors was done at a
much higher level and the certification requirements were higher. They have. deliberately put a policy in
place so that a different inspector inspects each property every two years to prevent any possible
complicity and to just have a different set of eyes looking at the property. When mistakes are discovered,
they are corrected.
Roffman stated that based on what the Iowa Supreme Court had ruled concerning a very similar situation,
the Board had very little choice but to uphold the decision of the Building Official.
MOTION: French moved to deny the appeal cased on legal precedent. McDonough seconded.
VOTE: The motion passed 3 -0.
OTHER BUSINESS:
Hennes noted that the Board would be looking at the new 2015 codes in mid to late 2014. He also noted
that there are two open positions on the Board and, if anyone had suggestions on who might apply, to let
him know.
ADJOURNMENT:
Chairperson Roffman adjourned the meeting at 4:32PM.
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3a(2)
Approved Minutes
March 3, 2014
MINUTES
SENIOR CENTER COMMISSION
MARCH 3, 2014
ROOM 211, IOWA CITY /JOHNSON COUNTY SENIOR CENTER
Members Present: Jay Honohan, Chuck Felling, Kathy Mitchell, Rose Hanson,
Margaret Reese, Jack Hobbs
Members Absent: Mark Holbrook
Staff Present: Linda Kopping, Kristin Kromray
Others Present:
RECOMMENDATIONS TO COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Honohan at 4:00 PM.
APPROVAL OF MINUTES FROM February 20, 2014 MEETING:
Motion: To accept the minutes from the February 20 2014 meeting with
corrections. Motion carried on a vote of 6/0. Mitchell /Hobbs
PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA:
None.
COMMISSION ASSIGNMENTS:
None.
DISCUSSION OF COMMISSION RESPONSES TO THE POSSIBLE
CREATION OF A CITY COUNCIL APPOINTED AD HOC SENIOR SERVICES
COMMITTEE:
The Commission discussed commission assignments for the Ad Hoc Senior
Services committee.
Approved Minutes
March 3, 2014
OPERATIONAL OVERVIEW
None.
COMMISSION DISCUSSION
Honohan and Mitchell said that they have both received feedback from members
about the city council meeting February 18th commenting that all commission
members did a nice job representing the Senior Center. Mitchell noted that some
people are concerned about the creation of the Ad Hoc Committee.
ADJOURNMENT:
Motion: To Adjourn. Motion carried on a vote of 6/0. Mitchell /Reese
2
Approved Minutes
March 3, 2014
Senior Center Commission
Attendance Record
Year2014
Name
Term Expires
6/20
7/18
8/15
9/19
10/24
11/21
12/19
1/16
1/30
2/6
2/20
3/3
X
Chuck Felling
12/31/15
NM
X
NM
X
X
NM
X
X
X
X
X
X
Rose Hanson
12/31/14
NM
X
NM
O/E
O/E
NM
X
O/E
X
X
X
X
Jack Hobbs
12/31/16
--
--
--
--
--
--
--
X
X
X
O/E
O/E
Mark Holbrook
12/31/14
NM
O/E
NM
X
X
NM
X
X
X
X
X
X
Jay Honohan
12/31/16
NM
X
NM
X
X
NM
X
X
X
X
X
Michael Lensing
12/31/13
NM
O/E
NM
--
--
--
--
--
--
--
--
X
Kathy Mitchell
12/31/15
NM
X
NM
X
X
NM
X
X
X
X
X
X
Margaret Reese
12/31/15
--
--
--
X
X
NM
X
X
X
O/E
X
Key: X = Present
O = Absent
O/E = Absent/Excused
NM= No meeting
-- = Not a member
'0z-ia --
3a(3)
IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED
MONDAY, FEBRUARY 24,2014--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Laura Bergus, Brain Elias, Nicholas Kilburg
MEMBERS ABSENT: Alexa Homewood, Matt Butler
STAFF PRESENT: Mike Brau, Bob Hardy, Ty Coleman
OTHERS PRESENT: Kevin Hoyland, Bond Drager, Josh Goding, James Minims, Emily Light
SUMMARY OF DISCUSSION
Goding reported nine people joined PATV in the past two months. PATV provided the United Action
for Youth Student Advisory Council a special workshop on studio production. Drager reported the
library channel's "One of a Kind" series is now available as a podcast on iTunes. Hoyland reported
the school district recorded and is playing back a training session for parents provided by the special
education department. The district's new communications coordinator created a seven - minute
program on the school district's Martin Luther King activities. Installation of a remote camera system
in the city council chambers is complete and the first council meeting has been recorded. A few kinks
need to be worked out. City staff has been advising Senior Center Television volunteers regarding
some short programs they will be producing. Light reported the Senior Center Television is working
on a number of programs focused on the theme of "Local Treasures." Hardy reported that the cable
TV office is now a part of the Communications Office. Changes in day -to -day operations are not
expected. Brau distributed a document with draft language for review regarding the consumer
broadband education program.
APPROVAL OF MINUTES
Kilburg moved and Elias seconded a motion to approve the amended January 27, 2014 minutes. The
motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy distributed the complaint report. There was a complaint regarding Internet speeds. Hardy said
he can do nothing about Internet service. A subscriber to Mediacom's phone service was unable to
get an expedited repair that was needed due to health problems. The problem was resolved when local
Mediacom officials were contacted.
MEDIACOM REPORT
Hardy said he had no contact from Grassley.
LOCAL ACCESS CHANNELS REPORTS
The library had a written report in the meeting packet. Goding reported nine people joined PATV in
the past two months. Five editing, five camera, and one studio workshops have been offered over the
past two months. PATV provided the United Action for Youth Student Advisory Council a special
workshop on studio production. The next guidelines workshop will be March 3. The next PATV
board meeting will be March 20. PATV will have a booth at West High's youth fair to promote
internship opportunities with PATV. Drager reported the library channel's "One of a Kind" series is
now available as a podcast on iTunes. Hoyland reported the school district recorded and is playing
back a training session for parents provided by the special education department. The district's new
communications coordinator created a seven - minute program on the school district's Martin Luther
King activities. Coleman distributed the City Channel 4 report. Installation of a remote camera system
in the city council chambers is complete and the first council meeting has been recorded. A few kinks
need to be worked out. City staff has been advising Senior Center Television volunteers regarding
some short programs they will be producing. Light reported the Senior Center Television is working
on a number of programs focused on the theme of "Local Treasures." The Senior Center group of the
month program will feature the Trailblazers hiking club. Upcoming programs include a book talk and
feature on an art exhibit.
CABLE TV ADMINISTRATOR REPORT
Hardy reported that the cable TV division is now located in the communications office. Changes in
day -to -day operations are not expected.
BROADBAND SURVEY
Bergus said that Hoerschelman was unable to attend the meeting and is working some of the elements
for a broadband consumer education program. Brau distributed a document with draft language for
review regarding the program.
ADJOURNMENT
Elias moved and Kilburg seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:06 p.m.
Respectfully submitted,
F��
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)
Hoerschelman
Ber us
Homewood
5/28/11
X
X
X
X
x
6/27/11
x
o/c
x
x
X
8/27/11
x
x
x
o/c
X
9/24/11
X
X
X
X
X
10/24/11
X
X
X
X
X
11/26/11
X
X
vacant
X
X
Kilbur
2/25/12
X
X
x
x
X
Butler
3/26/12
o/c
x
o
x
X
4/23/12
X
X
X
X
X
5/21/12
X
X
X
X
X
6/25/12
X
X
X
X
X
7/23/12
x
X
X
X
X
8/27/12
x
x
x
x
X
9/24/12
X
X
X
X
X
10/22/12
X
X
X
X
X
11/26/12
X
X
X
X
X
12/17/12
X
X
X
X
X
1/28/13
X
o/c
X
X
X
2/25/13
X
X
X
X
X
Elias
3/25/13
o/c
x
o/c
x
X
4/22/13
x
x
x
x
0
6/3/13
X
X
X
X
X
6/24/13
x
o/c
z
o/c
X
7/22/13
o/c
x
x
x
X
9/23/13
x
X
X
X
o/c
10/28/13
X
X
X
X
X
12/30/13
O/C
X
O/C
X
X
1/27/14
X
X
X
X
X
2/24/14
X
X
X
0
0
3/24/14
X
X
X
X
x
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)