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Home My WebLink About1977-03-15 AgendaIOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETTING OF MARCH 15, 1977 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON nc��'t' N: S3B-S`1I 0 AGENDA A, REGULAR COUNCIL MEETING MARCH 15, 1977 + 7:30 PM <�tTariw Fs I � I ., i �'Ij. NwWr x V 1 u N rf, u�W ltY as [{{hl f 1 d let Vri , \ - !1V `i r llll'i:'. a+.I - .W �..... ih I « i r I�o � ' '' i I low 7 l 3 �77 1'1 0 i x V 1 u N rf, u�W ltY as [{{hl f 1 let Vri , \ !1V r In not , I « i ' '' i I low 7 l 3 �77 1'1 0 i JORM MICR(PLAB TARGET SERIES .� J.U1.�..-�.-�».�. YLeL� L r, °.... -- Cr•'i I March 15,'1977 Sta L'emen L' by...TUA on the Housing Commission's resolution concerning the. proposed Tenant/Landlord Ordinance. on behalf of Tenants United for Action and the other sponsors of the pro- posed Tenant/landlord Ordinance 'I would like to make the following comments on ItheHousing',Commission's resolution concerning the ordinance.. The Commission believes the .Tenant/Landlord Ordinance is not needed because the'revised housing code will be sufficient to meet tenants' needs and in any case should be.,given a'.chance to work before any further legislation is considered. The revised housing code does Include some important additions and we have. already publically supported its ,passage. 'However, the enforcement provisions of the new ordinance are identical with 'current proctice. Specifically, paragraph 9.30.5J of the new ordinance requires the. Housing Inspector to give notice' of vio- lations of the code to the! operator and a; reasonable time .tocomply. If the oper- ator does not comply within the allotted time the Housing-Inspectoris then obli- gated both torevoke the rentalpermit..and to'vacate .the building. We believe this remedy is inadequate to enforce, the code and unfair to tenants.', If this'provisionlis enforced the Housing Inspector will often be vacating buildings whichreallyneed not be vacated and tenants will be forced to look for other housing which is hard to find and for which ,:they will, more often 'than not, have to pay higher rent. If:the 'Housing Inspector does not vacate .such `a building the City has noreally ."effective alternative remedy, such 'as rent -withholding. The Tenant/Landlord Ordinance does provide for rent=withholding and:other „ intermediate; remedies which are fair to both tenant and owner and which will greatly, increase the effectiveness of the codeenforcement program. We are in the process of revising the Tenant/Landlord Ordinance and:will take out petition papers, on the final version of the ordinance: early in April. When the petitions for; the ',ordinance have been submitted to the City in July and verified, the`Council must then either pass the ordinance or put it on the Novem- i, ber ballot. Once we take out apetition on the revisedordinanceneither:we nor . >9' the Council can'legallymake.any:substantiali,.changesin the'ordinance. Therefore, -the only opportunity anyone will have to influence the provisions of this ordinance,, will be before we file the revised version with the! City, Clerk in April. ` For, this reason we are holding a series of public hearings this month for the purpose of clarifying and explaining the ordinance to" tenants, landlords, tax- payers --to everyone who will be affected 'by the ordinance when it becomes law. We will'answer'any questions and consider all suggestions people have to offer to make the ordinance clearer, fairer, and more effective, and to minimize any effects, the ordinance may, have' an rent levels and on the administrative costs to the City. Our; public hearings will be Thurs., Mar. 17, Wed., Mar. 23, and Mon., Mar. 28. All three'meetings will beat the Public Library Auditorium from 7 to '9 PM. What wewant you to consider is,whetheryou want. to have any input into this.. process,othen,than a simple yes`or no vote late this summer. The Housing Commiss- ion;, has decide& not to discuss the ordinance with any degree of thoroughness nor + to make detailed comments. We think thisis unfortunate.' We would like tolinvite n once again . g in to meet with,ius' ,sometime this month to discuss the ordi- 'the.Commissio nance.;';We would also ask the Council to scheduler an informal session for the same �. purpose.'. Aselected and appointed representatives of the voters of.Iowa! City, we urge you to take this opportunity to hell) shape an.ordinance which, we are confi- dent, you onfident,you will be obligated to`.enforce!by',.next November. We consider the initiative process an alternative method of putting'impor- '.tant issues before the. Council and the voters. We wish to avoid making it into a purely adversary process. We ask the Council and the Housing)Cbmission to help -us make the process as open .and democratic as possible by participating with us in public discussion. �s J:r f • • a ISA. 1 r _ ... m._ . _... , I � 1 rd it r r 1 it r: Agenda • • - Regular Council Meeting March 15, 1977 7:30 P.M. Page 2 3c. Permit Resolutions (continued) LL L (5) Resolution approving Cigarette Permit. (6) Resolution to refund Cigarette Permit. d. Motions (1) Consider motion to approve disbursements in the amount of o�•1t 1-31, 1977. - $1;072,327.33` for the period January .2, e. Correspondence. ' (1) Letter from Scott Barker, attorney for Bryn Mawr, Heights, regarding Council's approval of final plats for Bryn Mawr Heights, Parts S, 9, and 10. This letter has been referred to the Department t' for -re 1 . It is necessary that the Council of Community'Development p y indicate if it desires to modify its procedure. I. (2) Letter from Joseph and Anne W. Frankel regarding University Heights y ager's contract. This letter, has been referred to the:Cit Man office for reply. i' (3) Letter from Harold Stager, President, Iowa City Federation of Labor,, regarding labor relations. This letter has been referred to the rx, City Managers office for reply. „ (4) Letter from Paula Klein regarding the Hunan Relations Ordinance. Ir This letter has been referred to the Director of HunanRelations - !'h for reply. (5) Letter from a resident regarding the Hunan Relations Ordinance. No reply,., is possible. Anonymous letters are normally 'was tebasketed ! However, this, letter did contain an initial signature and a return RI` ^r r address. ' = (6) Letter from Iowa City Friends regarding the Hunan Relations Ordi 'nance. This letter was furnished to the Council at the informal, sess>on of February,14 and was''deferred to be accepted at theVj meeting of. March 15 when the public hearing will be held on the '.Human Relations Ordinance, II, v to ' END OF CONSENT CALENDAR ,.y' }yY�l I F 5 1d>I lal i tip'^fl Ff:' I Agenda RegularCouncil Meeting March 15,'1977 >7:30.PM . ,Page 3 Item No. 4 REcoNwN rioNs TO THE CTTY COUNCIL. a. Consider recommendation of the Planning and Zoning Commission to approve 5-7708; 'final plat of Oakridge Estates Addition located north of Linder Road and'east of Old Highway 218 in Johnson County, with the following contingencies: (1) that a waiver of the angle of side lot lines to the street be granted; (2) that:a waiver'of the construction of public improvements be granted; and (3) that a minor modification in the legal papers be made. The Planning and Zoning Commission at a regular meeting held on March 3, 1977, recommended by a 6-0 vote approval of the subject ,. subdivision subject to the above contingencies. This recommendation is consistent with the, staff Is recommendation as presented in'a Staff Report dated March 3, 1977, which is attached to this agenda. Pending, resolution of the minor modification in the legal papers, a resolution toiapprove-the subject addition will be submitted to the City,Council at the next regular meeting. — b. Consider recommendation of the Human Relations Commission that the !City Council write a letter to President Carter requesting, that he declare January 15 of each year a'national holid y commemorating the } of Dr. Martin Luther King, Jr. ,birthday IF -:Item No. i 5 - CITY. COUNCIL''APPOINTMENTS. a. Consider appointments to fill three vacancies on the Committee for Community Needs. Two-year terms, expiring March 1, 1979. Action:, f2 pp i Slow 1 ��sa. I.Jo�Niek b. Consider; appointment to fill one vacancy on ,the Airport Commission for :a ye term expiring March 1, 1983. Action: II ... /V�n...tlM� Cl '1✓/ill �< �D C•::.a..nl rl...>.i� �/�i. �'. V c. Consider appointment to,fill one vacancy on the Hunan Relations Commission `. ,^ for an unexpired term ending January 1, 1978 ° ACt10n: C, "��C a.. r -•. •. r a �t n. �u� s '. CI 4.l✓K L� i � t Y� kl f'E I f tip'^fl Ff:' I i X 1/ ' I ltrxs �' -.... :_( u• ._ic -- _ +� .� fir._, ._ . ,.�. l� T..- — e �- n '� - i! -{ .:- : j; I .r N I 1 la I , I - I I J 1 I 1 A I'. 1 5 V I I I r I II I i. Ar r � 1 1 N.rel I Si'. i Y I! 6hA ^,D Y t ra' ei Irl rye I ri 10 J wlY ,,144. Agenda • • Regular: Council Meeting fq March 15,'1977 7:30 PM Page 4 Item No. 'G - CITY COUNCTT NIO 1'TO r . t .. /V (x.l 1. .nwi_ ✓.. Q.G,'L.Y.-t�.l'.. �. ,d . a:_. L._.L of .. + \ I lrre9lw 1. T"Irt C.I.v. // CCU 001, -CIA y e•! %+'"" n, o�'✓'t ' X. UJ -IJ °a Item No. 7 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. i i I` a. City Manager ` '1 .r KJL. 1 //r t....S '! h� rn••n /j.:?� L {�j�J*-�• xYl it :f 1 I y, (!6a k,G.A.i, /1,S.e 1r),,, ` ,,,'11( , '!a ail - q j , r7, b. City Attorney r Ia a,. 1 Y I 1 L N�•Y . { Ll, , +e 1�.1• I J ill Item No. 8 - PUBLIC HEARING ON THE ORDINANCE AMENDING CHAPTER 10.2:OF THE IOl9A CITY MUNICIPAL CODE CONCERNING THE"HUMAN RELATIONS COMMISSION. Comment: The new ordinance requests a change in the name of the ordinance from Human Relations Ordinance.to Human Rights Ordinance. ,The ordinance n presently covers discrimination in employment, housing, and public accommodations. Credit is being,added. Protected classes being added to present coverage are age, disability, marital status,', homosexuality, and sex in housing. The new credit section will cover race, creed, color, sex, 'national origin,'- religion, age:, disability, marital status, and ';+r homosexuality. The present protected category of ancestry is being deleted. A`public hearing is being added to the procedures. At'°present the ordinance provides for the Commission to go directly to District Court for relief when conciliation fails. The public hearing is being Alil a Agenda Regular Council Meeting March 15, 1977 7:30 PM Page 5 Item No.. 8 r PUBLIC HEARING (continued) added as a step between failure of conciliation and District Court. Action: Item No. `9 CONSIDER AN ORDINANCE' AMENDING THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY, IO14A, TO MAKE SECTION 6.01 CONFORM WITH THE SUPREME COURT and DECISION OF BUCKLEY V. VALEO (passed adopted). Comment: This amendment to the Home Rule Charter allows ,the City to continue to impose limitations on'the,amount an individual or political committee contributes to a single candidate, but 'it removes the limitation on a candidate's expenditure of personal funds and the ceiling on ,overall campaign expenditures. A memorandum from the Legal staff regarding this - matter was furnished with the agenda of March 1, 1977. Action: /'o ii. ZU V�Ai1 / (J'.�Wa.I ZC.�.�..... �7 / 1 �C Z kf1 ya v ' Item No. 10 - CONSIDER AN ORDINANCE' AMENDING ORDINANCE NO. 75-2783 TO DELETE SECTION VIII!(B), (C), AND (D) WHICH PLACED LIMITATIONS ON A CANDIDATE'S '{ 7•. a g a 7 EXPENDITURES OF HIS PERSONALFUNDS,;A'CEILING ON OVERALL' CAMPAIGN 'AND ,.,.7 EXPENDITURES INDEPENDENT EXPENDIIMS,(passed and adopted). Co,mnent. The Municipal Campaign Finance' Ordinance retains its reporting require- ments and', the limitations. on campaign l contributions by persons but the sections limiting independent expenditures, limiting a candidate's expenditures from his personal'' funds,,' and the ceiling on overall; +r'a, campaign expenditures are deleted. Action:> l.s_ ��_ ,,�� _rr . ��_rQ�_,,..� �, _7_ G / U V Item No. 11 - CONSIDER AN ORDTNANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING', THE USE 8 a 8 REGULATIONS OF CERTAIN PROPERTY FROM RIA ZONE TO C2 ZONE (passed,', F, adopted) -..,- Comment: Mr. Paul Kennedy, Jr.', has submitted an application to,rezone the subject''. ak tract from an. RIA Zone to an M1 Zone which the Commission had recommended ra„ be denied. ,The Co,mnission, however, instigated consideration to rezone the f„ tract of land to a C2, Zone. At a regular meeting held:on January 20, 1977, K }, the, Commission recommended by 'a 770 vote that ;the subject property, be rezoned to'a C2 Zone. This property was rezoned RIA upon annexation into the City ,,. and, reestablished as RIA in 1974 with the readoption of,.the rezoning map; primarily to place the auto salvage, operation located on the property in'a +s nonconforming status.;- Since an auto 'salvage yard is permitted only in an. M2 Zone, the auto salvage operation would still be nonconforming in a C2; +^' Zone. This recommendation is consistent with the staff's recommendation. Action:7)6 4 (J b it I • • Agenda Regular Council Meeting March 15, 1977 7:30 PM Page 6 Item No'. 12 - CONSIDER RESOLUTION TO APPROVE THE FINAL PLAT OF STURGIS CORNER 7 -7 ADDITION. S-7703. S)*A� "K2{,�r•_t Comment: The Planning' and Zoning Commission at a regular meeting held on February- 3,,1977, recommended by a,5-0 vote approval of the subject subdivision located east of South Riverside Drive and north of Highway 6 Bypass - subject to the issuance of a singed title opinion. This recommendation is^:consistent` with the staffs recommendation as presented in a Staff' Report dated, February 3,'1977, which is attached to this agenda. The titleopinionsubmitted. Action: oto nhas.bee(n� RiaQ P_e^t , l 'icy u Item No.:13 - CONSIDER A RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN AND PRELIMINARY PLAT OF "THE WESTWINDS." Comment: The Planning and Zoning Commission, at a regular meeting held on February. 17,''1977,'recommended by a 5-0 vote approval of the subject proposed 106- ` unif-condominium apartment complex to be located south' of Melrose Avenue, and east of'.West:High School, subject to the following contingencies: (1);:that: the, City accept the sanitary sewer plan as most recently submitted, (2)•`:,thit the,`City accept the use of 311 high roll curbs on private drives; (3),;that.the%left-turn traffic lane on:Melrose Avenue be provided at the expense of the developer; (4) that the storage ane, or 'right-turn lane, on Westwinds Avenue, be ,dedicated but not constructed at this time but that a taaiver of future assessment be granted, and (5) that aff'req uirementsi of the Storm Water Detention Ordinance be met. Me City staff and the developer have agreed to the above contingencies. Two questions'' were raised previously at an informal Council meeting: (1)Would a racquet club, proposed to be located in conjunction with the development, be permitted' in an R3 Zone, and (2),Would a:large scale non-residential development plan be required for the racquet club? The replies to these questions, as well as a discussion of the above- noted contingencies, will be reviewed with the City Council at the informal meeting;of,March 14 1977. Action: j►�,. J o I c� D , S� �� I V �e « ,,_� , r I;. s • Agenda Regular Council Meeting ' March 15, 1977 7:30 PM Page 7 Item No. 14 CONSIDER A JV'SOLUI'TON ALLOWING PARKING ON 'DIE 5011171 SIDE OF HIG11L AND AVENUE FROM 110: INTERSECTION OF HIGIII.AND AVENUE WTTII THE CRANDTC R.R. �!7— gl RIGITT-OF-WAY.EAST TO A POINT 200 FEET BAST OF 111E INTERSECTION OF HIGH- LAND AVENUE WITH HIGHLAND COURT; AND PROHIBITING PARKING ON THE NORTH SIDE OF HIGHLAND AVENUE FROM THE INTERSECTION OF HIGHLAND AVENUE WITH GILBERT STREET EAST TO A`POINT 200 FEET EAST OF THE INTERSECTION OF HIGHLAND AVENUE WITH HIGHLAND COURT. Comment: This proposed resolution would reverse existing parking patterns on Highland Avenues This would improve sight distance characteristics for the Tintersections of Highland Avenue with Gilbert Court', and Highland' Avenue with Highland Court, Public Works recommends' passage of this resolution: ` Action I V��1� C ��o :h I'� n'._, �. Item No. 15 CONSIDER A RESOLUTION AUTHORIZING THE INSTALLATION OF SEVEN 30 -MINUTE PARKING METER STALLS ON THE SOUTH SIDE OF IOWA AVENUE FROM THE INTER SECTION OF IOIVA AVENUE WITH VAN BUREN STREET EAST APPROXIMATELY 160 FEET ?Lommenr: The proposed resolution would provide short-term parking for the commercial enterprise located in the Iowa Avenue Building., As was notedrin'Mr.' James Schnaebilen's letter of February ;l9,'1977,,the existing usageisllong- term'pirking which "is not related to the activities °of'the Iowa Avenue Building;',,;This condition has promoted "double parking" to occur in the .' single east bound traffic' ane of Iowa Avenue. Public Works recommends ' passage of this resolution. �. �J �1 li �aJt V") Action V -a U l...l_I:.C�Ln r n_KoM V'i% ' UK • l�li) V -.^a>.. r). .,.a:Ce-+>. �- I�C.. Idem No. 16 CONSIDER RESOLUTION TO ESTABLISH AND CHARGE A FEE FOR THE ACCEPTANCE OF ANIMALS TO ALL PERSONS RESIDING OUTSIDE THE CITY LIMITS OF IOWA CITY. Comment: It is no longer acceptable for the City of Iowa City,to support the costs; of, maintaining (boarding and euthanasia) animals, acquired from outside the Iowa City; limits. We''feel a', minimum fee of ;$2.00 per animal and maximum`' of $10.00;per -litter be charged to all, persons' delivering animals to the Iowa'City 'Animal Shelter. ,It'has been our; experience durin g the past three years: that persons residing',outside Iowa City have limited alterna- tives and will readily, agree:. to the above mentioned fees. The Police Chief and the Animal Control Supervisor recommend this charge.' Action: Agenda • Regular, Council Meeting March 15, 1977 7:30 PM !Page 8 Stem No', 17:- CONSIDER RESOLUTION ESTABLISHING ADOPTION FEES FOR DOGS AND CAPS A'1' I � 771E IOWA CITY ANIMAL SHELTER AND REPEALING RESOLUTION 74-460. •tn /\ Comment: Iowa City should take a responsible active position on the animal overpopulation problem and can no longer, in good conscience, permit the', adoption of animals for which no provisions for their alteration (spaying and neutering) has been made. The spay/neuter deposit, as listed below, will help provide incentive to neuter or spay the adopted animal. 'Other large Iowa communities, such as Waterloo, Davenport and - Sioux City, have adopted such measures and feel that this is an essential part of animal control. Due to the increased cost and maintenance of, the Iowa City Animal Shelter and in order to work toward a more self- supporting operation,', we feel the increased adoption fees are in order. The Police Chief and the Animal Control Supervisor recommend this change. Dogs - $25 plus $30 spay/neuter deposit Cats - $15 plus $20 spay/neuter deposit Action: 1 J Item No. 18 -CONSIDER DtOIION APPROVING APPLICATION FOR CONSTRUCTION IN HIGHWAY RIGHT- OF-WAY POR NORTHWESTERN BELL TELEPHONE COMPANY.- Comment: This motion, if approved, would allow the Director of Public Works to execute an application made by NorthwesternBell to install approximately 270'feeb..of buried; phone lines to service.902-904 North Dodge Street apartment' building.. From an' engineering,, standpoint, this proposed installation'is acceptable. Action., •Item No. 19 -:CONSIDER MOTION AFFIRMING THE DECISION OF THE CITY MANAGER WITH RESPECT " TO ROBERT WALKER. Comment: This motion is necessary to comply with' Chapter 400, Section 19, of the 1975 Code of':Iowa,,as Mr. Walker's attorney has appealed the matter to the Civil Service Conmdssion. J, A memorandum from the 'City Manager regarding this item is attached to the agenda. Action:'' C_ 1,44 11_1/l1.7a., . 1 , � � i � � ��7�..! r?��.r ; i�,r 1, Co. Item No. 20 - ADJOURNMENT. c�,�,': rr , l ,,, .�,.. ,•. a. -1 i ��%` F. `•C"-�r'f..� bi..�, J.J (l'l4. 1, ' .'�(�(�.:� Y..w •1'l IAF � I •tn City of Iowa Cite MEMORANDUM DATE: March 11, 1977 TO: City Council FROM: City Manager RE: Informal Session Agendas March 14 1977 Monday 1:30 - 4:45 P.M. 1:30 P.M. Review zoning applications 1:45 P.M. Review Council agenda v"2:00 P:M. Discuss Elected Officials Project 171ake Policy - Who Me?" �. "Streamlining Government Business" 2:30 P.M. Discuss Resource Conservation Commission 3:30 P.M. Discuss public improvements for urban renewal project area 4:30 P.M. - Executive session to discuss boards/commissions appointments March 15 1977 Tuesday 7:30 P.M. Regular Council Meeting - Council Chambers March 21, 1977 Monday 1:30 - 4:00 P.M. 1:30 P.M. - Review zoning applications 1:45 P.M. - Review Council agenda 2:00 P.M. - Council time 2:15 P.M. - Discuss travel policy and moving expenses for City employees 2:30 P.M. - Discuss draft of Housing Maintenance and Occupancy Code with Housing Commission 3:00 P.M. - Discuss Human Rights Ordinance with Human Relations Commission ' 3:30 P.M. - Discuss Elected Officials Project March 22 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers March 28 1977 Monday 1:00 - 4:00 P.M. NOTE CHANGE IN TIME 1:00 P.M. - Discuss zoning applications 1:15 P.M. - Review Council agenda 1:30 P.M. - Discuss urban renewal project with Consultant Don Zuchelli Pending List Risk Management Taxicab Ordinance Cemetery Ordinance Innovative Project Grant Model Traffic Ordinance Scott Boulevard and Sand Road Resource Recovery, Coralville Fi U of I Bonding Design Review Committee Authority FADS Funds Civil Service Commission Certified Listing