HomeMy WebLinkAbout1977-04-05 Bd Comm. MinutesSTAFF REPORT
Planning 6 Zoning Commission
August 2, 1976
SUBJECT: S-7621. Court Hill/Scott Boulevard
Addition Part 5, a preliminary plat
of a subdivision to be located west
of Scott Boulevard; date filed:
7/22/76. 45 -day limitation: 9/5/76.
STAFF The subject plat submitted by Plum
ANALYSIS: Grove Acres, Inc., subdivides a
tract of land, approximately 13.10
acres, into 42 lots. The plat is
located in a RIA, RIB and R3A zone. Under the present zoning designation
(RIA) the lots located in the RIA portion of plat do not meet the municipal
code requirement of 10,000 square feet per lot area. It is presumably the
applicant's intent to develop the RIA area under RIB zoning. The lot sizes
in the plat range from 6,500 to 15,500 square feet.
The Planning and Engineering Divisions have reviewed the subject plat.
Discrepancies with Chapter 9.SO of the Municipal Code were noted and the
following changes should be made.
1. Lot lines common to lots 111, 110 and 109 should intersect with streets
at angles between 80 and 100 degrees.
2. The street name Marquette Circle should be corrected to read Hastings
Street.
3. Sanitary sewers should be located along parkways between the right-of-way
and curb line.
4. The plat should show existing water lines and size.
S. The plat should show existing storm sewers and size. Also proposed
storm sewers in uncompleted Court Hill/Scott Boulevard, Part 3.
6. The plat should follow design standards on storm sewers and inlet designs
or show how and where storm water will be stored if using storm water
detention.
".` 7. The plat should show proposed street grade on Scott Boulevard.
8. Street sections should show Oberlin, Amhurst and Washington Streets
as 7 inches thick. Scott Boulevard should be shown as 9 inches thick
as guide only with actual thickness to be designed.
9. The plat should indicate point of beginning.
10. The plat should show delta angle for curves on Washington Street.
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STAFF It is the Staff's recommendation that
RECOMMENDATION: the subject plat be deferred pending
the approval of RIA to RIB rezoning,
correction, and submittal of the
information requested above.
The subject plat is located in the south Ralston Creek water shed. The
Engineering Staff has indicated that this proposed development will have
little impact upon the water runoff problems in the area. Nevertheless,
the proposed subdivision will add more water to a problem area and agitate
the situation. Until passage of a storm water ordinance, there would
appear to be few alternatives other than to allow typical subdivision
improvements without storm water management. This would, however, be a
good opportunity to employ storm water management since one developer is
in control of a large drainage area.
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REQUEST
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Wity of Iowa Cit*
MEMORANDUM
DATE: March 1.1., 1977
TO: Neal Berlin, City Manager
FROM: Eugene Dietz, City lingincer
RE: Court Hill - Scott Boulevard Part 5 Subdivision
Mr. Bruce Glasgow has made a request that you bring up the
subject of the Scott Boulevard Subdivision during City Manager
comments at tonights Council meeting, This Memo is written to
bring you up to (late on the reasons why this subdivision was
deferred until this time,
The sanitary sewer capacity was the primary reason for delaying
the subdivision. This subdivision is intended to hook into the
Friendship Street sewer, which we have computed has a possible
capacity of 0.5 cu. ft. per second, The initial concern was
that an agreement be drawn to insure that once that capacity was
reached, the subdivider would construct a new sewer connecting to
the southeast intercepter located near the intersection of Ralston
Creek and Scott Boulevard. Recent experience has found that such
agreements are extremely complex to write and that they tend to
lose their meaning after several years, 'therefore, Public Works
feels that the best course of action would be to allow construction
to proceed up to the capacity remaining in the Friendship Street
sewer and at that point the developer would have to provide the new
sewer or cease development.
We have computed that the proposed subdivision would generate
approximately 0.11 cu. ft, per second of sanitary sewage, 'Phis
is well within the limits of the possible 0,5 cu, ft. per second
available. Attached is a letter that I sent MMS *Consultants
(Mr. Glasgow's Bngineer) which states the criteria that we might
M expect the proposed sewers to be built to. It also states that
building permits would be obtainable on an individual -basis as
the exact capacity of the Friendship Street sewer is determined.
Also attached is a copy of the minutes of the meeting of the Board
of Directors of Plum Grove Acres. In those minutes, the development
corporation agrees that this would be a proper course of action.
The only other question that remains is provision for storm water
management. The Resolution attached also provides a method to
create necessary storage areas. The actual location of the storage
facilities will. not be :in the subdivision, but rather on the cast
side of Scott Boulevard. This has been done in previous subdivisions
since the Ordinance was onactud.
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Berlin/Dietz
March 22, 1977
Page 2
I believe the major difficulties surrounding the subdivision
have been resolved to the satisfaction of both Public Works
and the developer. It is the intent of Mr, Glasgow's request
that this subject be discussed with the Council in that he
be allowed to proceed through the subdivision processes once
again.
Encl.
cc: Dick Plastino
COMMUC • (/ // • CWIC CI MLR. ROf WASHINGION 51.
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February 10, 1977
Mr. Ron Meyer, P. E.
MMS Consultants
327 Kirl-wood Avenue
Iowa City, Iowa 52240
Re: Scott Boulevard Sewer
Dear Ron:
As discussed, this letter is written to clarify our recent
decision concerning the Scott Boulevard Sewer. We have concluded
(with Legal Department concurrence) that the more the agreement
that you submitted covering the construction of the sewer .is re-
fined, the fewer reasons remain for trying to establish such an
agreement at all.
The desirability of tying construction of the sewer to the con-
struction of the proposed storm water facility is understandable.
However, because of the need for environmental impact statements,
as well as the possibility of condemnation to acquire all the
necessary property, it could be as long as three years before
construction actually occurs. It also seems apparent that an
agreement to force Mr. Glasgow to future construction of a
sewer main could be difficult at best to enforce, and only tend
to be one more confusing document in future years.
To the point, we desire to handle the situation as follows:
1. Construction may proceed until the capacity of the
Friendship Street sewer is reached. To establish
this exact remaining capacity, the City shall attempt
to get peak wet weather flow measurements this Spring;
2. When the capacity is reached, construction in the arca
shall cease until the line from the main trunk is con-
structed presumably by the Developer;
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3. When reviewing, construction drawings for the intern
sewer, the criteria to approve the plan shall be:
a. That the sewer is planned for a future direct
route to the trunk line;
b. That it be sized to handle the drainage area
to be served, not just the initial development;
and
c. That although a subdivision plat is approved,
building permits will be issued based entirely
on capacity of the existing sewer.
A written response from you as the Developer's Agent indicating
agreement to this letter will allow us to forward the information
to the Commission and Council, and get the proposed subdivision
back into the review/approval process.
If you can accept this position, it also will be necessary for
Council to rescind Resolution Number 73-17 which called for a
tapping fee for generating funds to relieve the Friendship Street
sewer. If you desire further information on this subject, please
- call me and we can discuss it at greater length.
SinW�ly,
rn'one �n. Dietz, Y.E.
City Engineer
EAD:vci
Cc Neal Berlin
Tony Kushnir
Minutes of a meeting of the Board of Directors of Plum Grove Acres Inc.
601 South Gilbert Street, Iowa City, Iowa
Pursuant to a call for a special meeting and with special notice being
waived the.following directors of Plum Grove Acres Inc, met on Monday,
R. Glasgow shall have the authority to deliver this reso-
lution to the City of Iowa-•City.and.the City Engineer for
..their records.
Approved: Frank Boyd, John Rum alhart and Bruce R. Glasgow
Against: None
f� l5 DD
MAR211977
CIYY CLLRK 008
March 21 at 9:00 A.M. at 601 South Gilbert Street. --Frank Boyd, John
=
R. Rummalhart, and Bruce R. Glasgow. Absent -- None.
A`special.request for development limitations was presented,ito the board
by Bruce R. Glasgow.who had received the request from Mr. Dietz of Iowa
City Engineering Department. The city engineer requested that the sub-
is'
division meet the current requirements of strom water management oridin
ances..and-that Plum Grove Acres Inc. indicated the area whore storm
F
water; -would be detained.
After discussion the following resolution was presented by Bruce R. Glasgow.;
Whereas.. The City of Iowa has requested that the Scott Boulevard Part.V
subs -division be included under the Strom water ordinance and
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Whereas. ,The Sub -division was submitted to the City of Iowa City prior
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to the passage of. storm water'ordinace.
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Whereas: Plum Grove Acres Inc. has a duty to provide its customers and
'
'the"people of Iowa City with developed lots on which to ccn-
struct their homes in Iowa City---
}
Therefore.. It is resolved;.that the sub -division, Court Bill, Scott
-Boulevard Addition to Iowa City --Part V --as submitted to
the City of Iowa City for approval in July 1966 shall
conform with all existing Stor:,Water Ordinances on the
date of approval ... and...that the land East of Scott
a
Boulevard.and North of the extension of Washington St.
{
East of Scott Boulevard shall be used for storm water
detention ponding for this sub -division... and that Bruce
R. Glasgow shall have the authority to deliver this reso-
lution to the City of Iowa-•City.and.the City Engineer for
..their records.
Approved: Frank Boyd, John Rum alhart and Bruce R. Glasgow
Against: None
f� l5 DD
MAR211977
CIYY CLLRK 008
W
A request from the City Engineer of the City of Iowa City regarding tho
use of eager in the Scott Boulevard Drainage Area was preoouted to the
Board by Bruca R. Glaegoe?. The City Snginner requested that he have the
right to deny arty building pamias in this said sub -division when upon
his determination -- using visual or engineering methods •- that the
sewer capacity will be exceeded by the issuance of a permit. After
discussion the follcwing resolution was ymsentad to the board by
Bruom Ra Glasgows
Whereas, The City Engineer of the City of Iowa City has determined that
a certain capacity remains in the server line nasi, serving the
Scott Boulevard Drainage area and
Nthareass ,The City Engineer desirsss to obtain a statement from slum Grove
;
Acres Inc. wherein he will have the right to deny any building
permits in the sub -division known as Court Uillr Scott Bould-
yard Addition to Iowa City Part V without liability to the
.y
City of Iowa City due to the capacity being reached in said
Bower or would be reached by issuance of a permit --either by
physical aasasurement or by the engineers determination—
;.
Thereforat
Be I At"zesoivad that: Plum Grove Acres Inc. agrees that any lots not
;.
buiit''upon Plum drove Acres Inc. sub division entitlmd Court Vill.
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`scott Boulevard Addition to Iowa City --Part V -- will be 9up'7ect
to sewer :capacity of the oxisting savor and that they waive the rights
to object to the refusal of permits in the said sub -division due to
Sewer capacity and that Bruce n. Glasgow shall deliver this r000lution
to the City of Yawn City.
Approvads Druce R. Glaogawp Prang: Boyd and John R. Ruwxlhart
Against Now
Thom being no other busineus tho teaching was adjournad:
Secretary
Fu L E r
MAR?_ 11977
ABP:jli= STOLFU
CITY C�LRK
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MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
SPECIAL MEETING
MARCH 24, 1977 -- 7:00 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Cain, Jakobsen, Ogesen, Vetter
MEMBERS ABSENT: Blum, deProsse, Neuhauser
STAFF PRESENT: Schmeiser, Oszman
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
The Commission examined the revised Innovative Parking Design Plan submitted
by May Seed and Nursery Company for the property at the corner of Lower
Muscatine Road and First Avenue, and found it in accordance with their
recommendation at the previous formal meeting.
The Commission voted 4-0 to approve the Innovative Parking Design Plan
submitted by May Seed and Nursery Company, with the contingency that an
agreement be received from the developers that at least one existing tree
located along the easterly property line be maintained.
The Commission stressed the fact that the plan "meets the intent of the
Ordinance".
Chairperson Cain pointed out that approval of the plan in no way interferes
with or pertains to the "front yard parking problem". She pointed out that
the developers would have to either obtain a variance from the Board of
Adjustment or build a structure to meet the relevant requirements.
The meeting adjourned.
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Prepared by:��� i �QihrncLni�dC�
Ellen Oszman, DCD
Approved byQz, n Y&&") ,
✓Uuanita Vetter, Secretary
Planning and Zoning Comm.
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MINUTES
IOWA CITY RIVERFRONT COMMISSION
CITY MANAGER'S CONFERENCE ROOM
• MARCH 16, 1977
MEMBERS PRESENT: Brandrup, Epley, Fahr, Fountain, Horton, Lindberg,
McLaughlin, Vetter, Woodruff
MEMBERS ABSENT: Campbell, Neuzil
STAFF PRESENT: Flowers, Milkman, Plastino, Schmeiser, Showalter
GUESTS: Steve Victor, Kevin Mason, Kirk Perucca, Mike Chapin
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
The Iowa City Riverfront Commission met in Regular Session on March 16
with Chairperson Fahr presiding.
* Horton moved and Vetter seconded that the minutes of the February 16
meeting be approved as written. Unanimous.
Dick Plastino, Director of Public Works, was present for discussion of
the proposed new sewage treatment facility. He indicated that the City
must meet discharge requirements set by the Federal government and
reported that a study was being done and that two sites were being
considered for the plant: a northern site owned by Stevens' Sand and
•Gravel Company and a southern site located where Snider Creek flows
into the river. He also indicated that the operation would require
approximately 60 acres and that the final package of the study should
be completed in approximately one year with construction of the facility
approximately five years away. Brandrup pointed out that Horton had
never been contacted about meetings of the Waste Water Facility Committee.
Horton is the Riverfront Commission's delegate to that committee.
Regarding the rate of flow of water out of the Coralville Reservoir,
Ylastino reported that the flow had been cut from 150 to 100 CFS.
Milkman inquired about who determines the outflow and Plastino responded
that the Corps of Engineers makes that determination and that the City
can make comments.
Plastino indicated that the consultant hired to do the study about the
sewage plant could be brought in to make a more detailed presentation
to the Commission regarding the proposed facility. Brandrup stated
that he was concerned that the site selection process was being carried
out with little input by the Johnson County Open Space Committee. There
was a concensus that the consultant should make a presentation at the
next meeting.
Milkman reported that the first draft of the River Corridor Overlay Zone
was completed. She indicated that the proposed zone would be restrictive
as far as site plan review and would include a 100' easement provision.
• The Commission discussed its goals and priorities for 1977-78. Fahr
outlined several goals: (1) establishment of a body to represent the
governmental bodies included in the river corridor; (2) searching out
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Minutes
Page 2
March 16, 1977
land acquisition and development money from sources such as H.C.D.A.,
B.O.R., etc.; (3) stimulating private concerns and groups such as
Project GREEN and private land owners to improve and clean up the banks
of the river; and (4) coordination with the Iowa City Comprehensive
Plan (this will be carried out through Staff liaison). Following
discussion, Fahr appointed Donna Epley (Chairperson), Jack Neuzil and
Jim Lindberg to a committee to work on goal #1. He appointed Brandrup
(Chairperson), Horton and McLaughlin to a committee to work on goal #2.
Woodruff (Chairperson), Fahr, Fountain and Vetter will serve on a com-
mittee to work on goal #3.
Fountain mentioned that there was possibly a leak of some kind into
the river close to the area where the railroad crosses the river near
Linder's. Brandrup indicated that it could possibly be the sewer outlet
for Coralville.
Don Schmeiser, Department of Community Development, was present to
discuss the preliminary plat for Wendram Bluff, located south of the
Iowa River, east of old Highway 218 and north of Linder Road. He
indicated that the -Planning and Zoning Commission would like the
Riverfront Commission's comments on the proposed development. Steve
Victor gave a brief presentation regarding the proposal, indicating
that it would involve 40.8 acres of land with three uses: (1) single •
family dwellings; (2) street right-of-way; (3) common ownership of
11 acres. He discussed various types of sewage treatment and explained
why the developers had decided upon septic tanks. He indicated that
rules regarding the septic tanks had been set up for the proposed Home
Owners' Association such as cleaning of the tanks a minimum of every
three years, each dwelling must have two tanks, and any modification
of the sanitary system will have to go through the Johnson County Board
of Health. Schmeiser indicated that the County Board of Health was
convinced that there would not be problems with the septic tanks. The
commission indicated concern for preservation of the trees and river
bank which would be, owned by the Home Owners' Association. Following
further discussion, there was a consensus that there was concern about:
(1) possible erosion of the river bank; (2) prudent preservation of
vegetation along the river; (3) problems with the overall density of the
development; and (4) problems with septic tanks. Schmeiser indicated
he would forward these concerns to the Planning and Zoning Commission.
There being no further business, the meeting was adjourned at 5:40 p.m.
Respectfully submitted,
Ellen R. Flowers, Secretary
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�b"b • •
MINUTES OF A REGULAR MEETING;
OF THE LIBRARY BOAR[) OF TRUSTEES
FEBRUARY 24, 1977
LIBRARY AUDITORIUM
MEMBERS PRESENT: Buchan, Bezanson, Farber, Hyman, Kirkman, Moore,
Newsome, Ostedgaard, Richerson
MEMBERS ABSENT: None
STAFF PRESENT: Lolly Eggers, Mary Burton, Hazel Westgate, Sue
McGuire
Summary of Discussion and Action Taken
The Iowa City Public Library Board of Trustees met in regular
session on February 24, 1977 with President Farber presiding.
Minutes of the regular meeting of January 27, 1977 were accepted.
Newsome/Ostedgaard.
Disbursements and financial reports were approved as presented.
Bezanson/Newsome.
Director's report attached.
President Farber reported on the meeting with Zuchelli and the
City Council which presented Zuchelli, Hunter recommendations
for downtown redevelopment. The recommendation included a site
for the library in some configuration with a hotel and parking
ramp in Block 65 and 65, preferably Block 65. Lengthy discussion
and evaluation of the recommendation followed but no action was
taken.
David Kirkman, building chairman presented consultant Robert
Rohlf's proposed timetable for architect selection. The Iowa
Chapter of A.I.A. will be notified so any Iowa firm can apply.
The proposed questionnaire is being developed.
A motion seriously questioning the wisdom of spending $20,000 for
a chair lift which will get handicapped library users to only one
of five public service levels of the library and a request that
Julie Vann of Community Development be asked to talk with the
Board about it at their March board meeting was adopted. Newsome/
Richerson. Unanimous.
All other agenda items were postponed.
Meeting adjourned at 6:00 P.M.
Respectfully submitted,
Vivian Buchan, Secretary
6 qz
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Director's Report
February 211, 1977
rinancial
A memo outlining the current status of the library budget was
sent to the Manager on 2-23-77. With no bill yet from Boggs
for the extensive repairs to the boiler, the extent of need for
help from emergency funds for this item is still unknown. The
materials budget is only 51% expended so we have a cushion there.
Administration
The annual report provided was done at the request of the city
administration for the compilation of 1976 Boards and Commissions
annual reports. I have since been asked for an administrative
report. I was hopeful the city would change to a fiscal year
reporting system to coincide with the financial year. All
library records have now been switched to the fiscal year.
The booksale and first annual meeting of the FRIENDS of the
Iowa City Public Library will be held during National Library
Week, April 17-23. An extensive membership campaign will be
launched late in March and carried through April 23. Membership
in the FRIENDS is now approaching 100.
The Iowa Library Association district meeting for this area will
be held at the Carousel Inn in Coralville on Wednesday, April 6,
Coralville Public Library as the host library. Program emphasis
is on legal problems facing libraries: copyright, unemployment
tax liability, minimum wage, IPERS, home -rule, civil rights laws
and questions of general liability - the library or the city.
Services
A strange feeling of impending death by drowning has been creep-
ing up on staff members lately. While January through April is
always the busiest period of the year, the use of the library
A, since January 1 has been so heavy that employees who work week-
ends are asking for combat pay. The building literally becomes
clogged for some periods on Saturdays and Sundays and even week-
day afternoons. Lines of people waiting to check-out materials
often stretch to ten or more. On Saturday, February 1, 2,600
items were checked out, an average of 288 items an hour for all
day long. On Saturday, February 19 at 2:15 there were 147 people
in the building. All seats were full and people were sitting in
the aisles and on the floor. The line to check-out was so long
that no one could approach the Information Desk to seek assistance.
The parking lot was also full. Materials are returned equally
fast, and it takes the paging staff all week to catch up with
re -shelving before the weekend surge begins again.
I Building E Equipment
The public address equipment of the new telephone system was in-
stalled in February. It saves time both for those doing the pag-
ing and those responding to it.
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The heating system seems to have stabilized and is heating the
building as consistently and evenly as possible given its short-
comings. Knowledge of how the system really operates is one of
our shortcomings and I have recommended to the Manager that a
licensed boiler operator shared by the three main city buildings
and doing regular maintenance of the systems could possibly save
the city much in repair bills plus provide more efficient heat-
ing/cooling operations.
•
MINUTES
IOWA CITY HOUSING COMMISSION
MARCH 18, 1977
PUBLIC WORKS CONFERENCE ROOM
•
14EMBERS PRESENT: Branson, Fountain, Hibbs, Whitebook.
MEMBERS ABSENT: Kamath, Lombardi, Retish.
CITY STAFF PRESENT: Seydel, Hillis.
OTHERS PRESENT: Harry Baum, Leslie Gary, Reginald Baugh, Clemens Erdahl.
SUMMARY OF DISCUSSION AND FORMAL ACTION:
1. Chairperson Branson called the meeting to order.
2. Residential Tenant and Landlord Ordinance. At the request of the
City Council, this meeting was held to discuss the initiative ordinance.
The Commission members went through the ordinance pointing out those
items in the ordinance which seem to the Commission most likely to cause
the most concern.
The attached position statement was submitted.
Hibbs moved and Whitebook seconded the motion to record the position
statement as the position of the Housing Commission. Motion passed.
3. Fountain moved and Hibbs seconded the motion to adjourn. Motion passed.
NEXT MEETING - April 6, 1977
3:30 P.M.
PUBLIC WORKS CONFERENCE ROOM
Approved �1�A G
Fredine Branson
6 9s 1
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Position Statement
Iowa City Housing Commission
March 18, 1977
ZY
During the past three years, the Iowa City Housing Commission has spent considerable
time, both of Members of the Commission and of City Staff, collecting, analyzing
and discussing materials relating to tenant -landlord ordinances, including both
model ordinances and specific ones in use in a very limited way in other cities.
The Commission has, from time to time, made specific recommendations to the Council
in this regard.
The Council currently has before it a Housing Occupancy and Maintenance Code,
which the Commission has spent considerable time drafting, with the assistance
of City Staff and many others in the community. The Commission endorses this
ordinance wholeheartedly, and believes its adoption is in the best interests of
the community at large, and of both landlords and tenants, specifically.
The Housing Commission can not ascribe similar qualities to a tenant -landlord
ordinance which has been proposed by Tenants United for Action, and others. The
Commission has reviewed this proposal in some detail. However, the Commission
docs not feel it was a Commission responsibility to make detailed recommendations
and changes when the proposal had been filed with the City for the stated purpose
of inclusion on the November election ballot.
V
Position Statement, Iowa City Housing Commission, Page 2
Individual Members of the Commission have attended meetings held by the
Tenants United for Action group, and have discussed the ordinance proposal with
members of that group, and others. Members of the Commission have continued
this active discussion to the current time, and intend to continue to do so
in the future.
However, the Housing Commission is not a sponsor of this ordinance, so it seems
appropriate to limit Commission comments to those items in the proposal which
seem to the Commission most likely to cause the most concern. Numerous other
items in the proposed ordinance appear objectionable to the Commission, but it
is not the Commission's intent here to attempt to write an acceptable ordinance.
This proposed ordinance breaks considerable new legal ground in Iowa, as it would
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n most other parts of the country. No such ordinance is in use any where in Iowa,
nd so far as we can determine, no other Iowa community, nor the State of Iowa,
urrently has such an ordinance under consideration. This presents the liklihood
f close Court scrutiny. For this reason alone, a short public discussion period
ithout advise from legal counsel on the detailed provisions of an ordinance
of
his nature seems patently unwise.
Among major new legal ground the proposed tenant -landlord ordinance seems to
encompass includes:
a'.r< 1. The confiscation of private property without due process, as in
sections 2.1n5h and 4.105 which provide that the City take private
property and manage it.
Position Statement, Iowa City Housing Commission, Page 3
2. The elimination of an individual's right to spend his own funds,
as in Section 4.104 which provides that a tenant may expend rent
funds rather than payment of them to the landlord.
3. The dictation by the City of all contractual agreements between
tenants and landlords, as in Section 1.404 which effectively
eliminates all latitude of tenants or landlords to negotiate any
provisions of their own leases.
However, regardless of the legal difficulties which may exist with this proposed
ordinance, it raises many more questions of fairness and common sense. Lack of
balance is perhaps best demonstrated by Section 6.101.1, which establishes an
appeals board made up of seven members, of which four must be tenants and "at
least one" of the remaining three members must be a landlord. Further, the
ordinance (Section 1.404c) provides that a tenant may sublet his unit without
involvement by the landlord, and that the number of children in a household may
not be used by a landlord as a determining factor in whether he rents to a
,
particular family (Section 2.105a). The ordinance also provides, generally, that
tenants collect two or three times actual damages from any landlord, while
landlords are limited to the extend of actual damages from any tenant.
The Commission does not feel that provisions such as these reflect fairness or
common sense.
It is the Commission's position, held very strongly, that the overall impact of
an ordinance of this nature on the community, its present housing stock, and the
future development of additional housing, needs very careful analysis.