Minutes-11/10/1982

Motion Rohret second Brown to file misdemeanor actions against Ron Armstrong and Richard O'Keefe after November 20, 1982 if it appears that Armstrong is still operating a vehicle repair business at 201 Summerhays Street on that date for violation for Zoning Ordinance No. 1979-83. Carried unanimously. Discussion of odor from DeKalb plant was deferred until Stevens discusses problem with manager at plant. Council accepted application from Ray Scheetz for permanent permit to operate trailer court according to Ordinance No. 93 and referred matter to Planning and Zoning Commission according to ordinance. Motion Rohret second Spivey to approve application for State of Iowa permit to operate trailer court. Carried unanimously. Cox reported that Iowa Department of Transportation told him that city should file application for approval of water line which was recently installed under highway no. 6 to Bill Rogers' property. Kammerer stated that it is a private line and it should be the owner's responsibility. Cox reported that he told the IDOT that it was a private and line and that they still said it was the city's responsibility. Motion Stevens second Rohret to make application to Iowa Department of Transportation to bore under U. S. Highway No. 6 to install private water line for service to Bill Rogers' property. Carried unanimously. Rohret recommended that the council amend its ordinance to make it necessary to have a 3/4 vote in order to override any recommendation made by the Planning and Zoning Commission. Chris Rohret, a member of the Planning and Zoning Commission, stated that she felt that the council did not listen to the commission's recommendations. She also stated that there was a breakdown in communications with the chairman and that some members of the commission had not been notified when the council referred a matter to the commission. Brown stated that he took the commission's recommendations into consideration. Murray stated that North Liberty and Iowa City have a provision which used to be in the Iowa Code which required a 3/4 majority vote to override a Planning and Zoning Commission recommendation. Home Rule allows cities to make ordinances which are more restrictive that State Code. Attorney pointed out that current recommendation for amendment requires 4/5 majority vote to approve application of commission rejects it, but only a simple majority vote to reject application on commission approve it. Attorney stated that it could be rewritten so that 4/5 majority vote is required both ways. Chris Rohret stated that she would talk to other commission members about their breakdown in communication. Clerk was instructed to invite Planning and Zoning Commission members to the special meeting scheduled for December 8, 1982 at 7:00 p.m. to discuss problems.