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HomeMy WebLinkAbout1977-08-16 Bd Comm. Minutes%Q\ 611 NI ITHS COINII'RIMENS I VE PLAN CUt RDI NAI' I NG COPNI I'I HT .II111Y -'h, 1977 -- 7:30 P.M. CI'T'Y MANAGEIt'.S CONFMO N:li ROOM MEMIUMS PRESENT: Cain, Jakobsen, Nouhauser, Ogesen, ferret, Vetter MEMBERS ABSENT: Blum, deProsse STAPH PRESENT: Berlin, Ceshwiler, Kraft, Simpkins GUESTS 11RHSENT: Nmi I Brandt Chairman Ogesen called the meeting to order. Minutes for the July 14 meeting were distributed. The motion from the June. 23 meeting to raise the proposed multifamily parking requirements in the draft zoning ordinance by .5 each was withdrawn. The committee approved the staff's recommendation to raise those requirements by .2S space each. ISSUES AND ALTERNATIVES Committee members asked what role the Planning and Zoning Commission would have in the issue:: and alternatives process. Kraft stated that although Pf,Z would receive copies of all materials given to CI'CC, that commission would not have to second or endorse everything ;it thi!; stage in development of the Compre- hensive flan. It was the consensus of the committee that all materials should ha sent to 14;Z, and if I'l;Z docs; not respond prior to its next meeting, CPCC will assume they approve of the.• material. The Issues and Alternatives For Nowntown, Growth Monagcment and Administration, Community Pacilitios and Services, Land Use, (lousing, Iinergy, Industrial Nevelop- ment, and Neighborhood Conservation and Protection were approved with the following changes: Downtown Issue: What should he the eventual traffic circulation pattern in the down- town area? Changes: The fourth alternative was deleted. Issue: How should parking he paid for in the downtown area? Changes: The first alternative was changed to read, "The park and shop concept should bo encouraged in Iowa City." An alternative was lidded: "The ride and shop concept should he encouraged in Iowa City." Issue: what should the city do in regard to urban design? Changes: The word "strict." was deleted in alternative three. Alternative four was deleted. Growth Management and Administration Issue: which development pattern would most effectively provide n quality environment for Iowa City's residents? 0 • Changes: Alternative one was deleted. Issue: What rate of growth is desired for Iowa City? Changes: The staff was asked to clarify alternative four. Issue: Should additional notice to affected citizens he roquired in rezoning decisions? Changes: An alternative was added: "Nolice of proposed ,.oning changes should he mailed to the owners of included and immediately adjacent properties and costs borne by the city." Issue: What should the city's policy be regarding development activities occurring outside the city limits but within the two-mile extra- s territorial control area of Iowa City? Changes: The possibility of permitting large lot subdivisions in rural areas was added as an alternative. In a subdivision with lots over one acre in size, the developer would not have to conform to urban subdivision requirements. Community Facilities and Services Issue Changes: Isruo: Changes: Issue: Changes: What park and recreation areas should the city provide and maintain for present and future population? An alternative was added: "Require dedications from private developers (baser] on area or number of units)." flow should library facilities be improved:' The possibility of expanded hours was added to alternative three. flow much recreation equipment nrxl facilities should the city provide? An alternative was added: "Expand recreation facilities at. a site other than the recreation center." Committee members requested that an issue concerning joint -use of city facilities including schools, parks, and the library he added. I'? Land Use Issue: What policy should the city adopt towards annexation? Changes: Alternative one was changed to read, "Annex by watershed." Add an alternative: Should the city annex before or after an area is developed? Issue: flow can densities of residential areas he increased without adversely affecting existing residents? Changes: An alternative was added: "Scatter higher densities throughout the city." Issue: flow should the city use topography, soils, distance from core areas, utilities, trafficways and vegetation as locational criteria in planning and zoning? Changes: The word "water" was added to the issue, and to the second alternative. An alternative to research other uses of steep slopes was added after alternative one and the remaining alternatives renumbered. Issue: What policy should the city adopt towards the existence of land uses with obsolcro locations? Changes: The word "provide" was changed to "require" in alternative three. An alternative was added: "Choose the most appropriate alternative (above) for the individual case." (lousing Issue: flow should the majority of new multifamily housing he provided? Changes: The words "the majority of" were deleted from the issue. The word "equal" was deleted from the sixth alternative. Issue: What should the city do to encourage provision of lowor-cost housing? Ch:mgos: Alternative one was deleted. Ali alternative to look al alternate housing for low and moderate income people was added. Issuc: what should the city do to inipruvv the quality of housing? Changes: Alternative two was changed to read, "Enact additional construction and site requiroments for moo tifamily housing to encourage additional amenities (e.g., outdoor recreation areas, balconies, and porches)." Iincr- Issue: What activities should the city pursue to assure energy and resource conservation? Changes: Alternatives five and six were deleted. Issua: [low active a role should the city take in resource recovery and recycling? Changes: Alternative one was amended to read, "The city should financially support recycling of waste materials." An alternative was addad to r"gnire mandatory deposits on all beverage containers. Industrial Ih_vclopmont Approved without change. Neighborhood Conservation and Protection Issue: Should a policy be adopted which encourages neighborhood preservation by protecting existing resources and eliminating blighting conditions? Changes: It was the consensus of the committee that alternatives one and two should he rewritten to he more specific. An alternative was added: "See alternatives two and three of the fourth issue in the 'Transportation section." A meeting to complete discussion of the Issues and Alternatives was scheduled for 7:00 A.M. on Saturday, .July 30, 1977. The meeting was adjourned. s: i Prepared hy: A� Debbe Simpkins, DCD Approved by: 11741- �lL_ Patt Cain Secretary, CPC(: I M l MITES COMPREHENSIVE PLAN COORDINATING CIIMMITTIili .IIII.Y .ill, 1977 -- 7:00 A.M. CITY MANAGER'S CONITRI NCE RIIDM MENIB RS PRESENT: Cain, Jakobsen, Nouhuuser, Dgesen, ferret, Vetter MINBERS ABSENT: filum, deProsse S'T'AFF PRESENT: Kraft, Simpkins GUESTS PRESENT: Jim Narveson Chairman (Igesen called the meeting to order. Discussion of rhe Issues and Alternatives From the July 28 mooting cont inuod. It was the consensus of the committee that when the revised Issues and Alternatives are typed, the sources should be omitted except for neighborhood meetings and/or survey percentages. 1 The Issues and Alternatives For the Neighborhood Conservation and Protection revision, Commercial Devclopment, 'transportation, and Environment were approved with the follow- ing changes: Neighborhood F,onsorvation and I'rotoction (revision) Issue: Should a policy be adopted which encourages neighborhood preservation by protection existing resources and eliminating blighting conditions while allowing change to occur? Changes: Ali alternative to amend the zoning ordinance to reduce the intensity of development was added. Commercial Development Issue: What policy should be adopted rog:n•difig Iho development of additional outlying shopping centers? ng" was changed to "rezoning" in alternative two. I:h:egos: Tho word "down-u:ri Is6uo: Should the development of small convenience commercial centers be permitted in residential neighborhoods'.' Changes: The following three al ternatives were added: 1. Identify areas where small convenience centers would he appropriate and reserve land For this purpose. 2. Allow for neighborhood review of proposed convenience center Facilities. 3. Adopt performance standards which will regulate the location, design and size of neighborhood convenience centers. Transportation Issue.: What balance of modes of transportation should Iowa City encourage through budgeting and [:Ind use planning? Changes: Alternative two was amended to rend, "Tho city should explore incentives to discourage use of automobiles." 'Tho word "highway" was changed to "street improvements" in alternative three . 9lne words "highway projects" were replaced by "transportation corridors" in alternative four. 3 11ST I'.•.nr; Ilnw •;hnuld Ihl•_rlle prat rrl r,••.I JruI I:II arra•. Ihml lu:lppnlllrial�• Irvl•I•: of Ihruugh tr:l ll 1, f(,;,I l:l"•: All :it lPrllfll iVI' In I•.\t11111'I• 1111' IIII•.'.I III I II it nl '•, 1'r,•III II); 111' II❑f tvi'lll ); I'r•:idencr•: ,I'rulu :n Ieria1 •.t rrr I : W;I addrJ. Issue: In what neutnor should If)(- city :Itlralpt Io iuercaso inlrrsecIiOil safety and erficiency? Changes: The words "turning I:nx•s" were suhstitutcd for "I eft turn lanes" in alternative two. ` Alternative four was deleted. Issue: what should the city policy be in regard to pedestrian traffic? Changes: Alternative four was deleted. 1 Issue: what should be the city policy regarding hikeways? Changes: The following alternative was added: ('Bikeways should he separate from wa 1 kways .11 Ali issue was added concerning; ways to deal with traffic problems other than by con- sll'uction. Staggorcd enlpluyment hours, c;lrpouls, and rouunurer parking lots were suggested. talc i rulunenl. I I issue: 1 1 changes Issue: Changes: Issue: Charogcs: Issue: j Chang;r.s: Changes: what measure!; can the city follow to protect residents and their property from flood waters along; Italston Creek? Alternative one was dulotcd. Alternative three was amended to rc-ad "Pt rc'hase and remove structures in the floodway." An alternative was added to acquire land along the creek for a linear park. (low can the city encourage tree plantings"? 'rhe word "minor" was deleted in alternative one. An alternative was added -- Explore incentives to encourage tree plantings. Where should the new sewage treatment facility he lecated? The entire issue was deleted. Iluw can the city prescrvo prism agr'iculNN' 1 brad? Alturnntivu one was rh:lnl;ed to read, "'Lone I:md will] high crop suitability (e.g., rating of Iglu or more avemige production over the I;Ist five years) as agricultural is long ;is alternate devolopnlcnt sites avoilahle. Ilow can the city provide and protect: trees and other vegetation for the communiry? 'rhe entire issue was deleted. Cotrmtitteo members requested that the issue of how the city can provide for the pre - servation of open areas he added with niternntives including acquire land, land trust., casements, tax advantages (incentives), and transfer of development rights. The meeting was adjourned. Prepared by! _U.GD��W hchhe Simpkins, f)f) Approved by: J2E�:'• a— i✓._— Patl Chit1 Secretary, CI'CC WNUPES Iowa City Hosing Conanission July 14, 1977 FNGINFERING CONFERENCE ROOM M9,113FRS PRESWr: Ilibbs, Lombardi, Kamath, Owens, Smithy, Pollock MEMBERS ABSWr: None CITY STAFF PRESENT: Burke, Seydel SUh44ARY OF DISCUSSION AND ACTION TAKEN Hibbs asked for opening statements from members. Lombardi said that inspections should continue to include SFD and duplex rentals and that these should be licensed. Code draft was reviewed and the Conanission brought up the following points: Chapter 7 B. hho is responsible to supply kitchen equipment? E. Lavatory should be nearby but not required in same room. J.l.a. Secondary egress requirement questioned by some members, and supported by others. No vote was taken on this item. 2.b. Handrail on left side of stairway considered overly specific and unnecessarily restrictive. 2.f. Questioned whether a self closer is necessary. Chapter 8 A -D Members do not want this included in Housing Code and would not approve items known to be in conflict with Zoning Code and UBC. They cannot reconcile conflicting standards and do not feel these items relate directly to health and safety. Members suggest we disregard these and let State charge us with non -enforcement. E. Members object that this is not consistent with energy conservation, or current new construction practices. Also seems to conflict internally with2.a. of same Chapter. Kamath calls attention to Standard Iowa Exemption Law in bankruptcy cases when court rules that a horse mentioned in State Code may now be construed as an auto. 3'138 F.2 Needs definition "emergency circuit". c. Bathroom windoiv 4 sq. ft. unrealistic by current conditions. 2.a Does this really apply to all habitable rooms instead of supplying a window? Can artificial light and ventilation be substituted anywhere? Members request legal opinion. MINUTES HUMAN RIGHTS COMMISSION JULY 25, 1977 7:30 P.M. CITY MANAf,FR'S CONFERENCE ROOM MEMBERS PRESENT: Woodard, Braverman, McComas, Madison, Costantino. MEMBERS ABSENT: Matsumoto, Scott, Gilroy (excused). STAFF MEMBERS PRESENT: Ryan, Zukrowski. RECOMMENDATIONS TO THE CITY COUNCIL None. RECOMMENDATIONS TO TIIE STAFF AND CITY MANAGER None. PENDING ITEMS BEFORE THE CITY COUNCIL Filling of the Commissioner vacancy. Zukrowski reported that the City Clerk received one formal application. For those individuals who are on file as expressing interest in serving on the Human Rights Commission, the City Clerk needs to send a letter requesting that the individual confirm their interest. The Chair indicated the Commis- sioners contact those individuals who may be interested in serving on the Commission. SUMMARY OF RELEVANT DISCUSSION The meeting was called to order at 7:55 P.M. Braverman moved, Madison seconded to accept the minutes, as revised from the June 25, 1977 meeting. The motion passed. Visitors were Ann Hawkins (KXIC) and Clemens Erdahl who addressed the Commission. There was no public discussion. A. Chairperson Correspondence: The Chair noted and circulated the letter of response from Ms. Bataille, State Civil Rights Commission, apologizing for the cancellation of the conciliation workshop. B. Chairperson's Recommendation: No written Committee reports were submitted. The Commissioners discussed who is responsible for recording the minutes of each Committee's meeting in response to Zukrowski 's inquiry. Costantino noted that the Civil Rights Specialist was responsible for attending meetings and writing the minutes while other Commissioners thought the Chair of the Committee was responsible for the minutes. Zukrowski was to contact Scott for clarification. r 3y39 I 0 -2- 0 L. There were no comment, regarding revisions for the comp leI.ion of Commission objectives. The Chair noted further consideration be taken at the August Commission meeting. C. Conon itLee Report.,: AI Firma l.ivv Ac 1. inn - no report. 2. Comp IainL Processing - Cos Lantino reported the Committee met to revise the bylaws. Zukrowski noted that Gilroy was preparing a draft of the revised bylaws. Costantino thought the bylaws would be sent to the Commissioners prior to the August meeting. 3. Ordinance Implementation/Education - no report. 4. Outreach/Advocacy - a. Newsletter - Madison reported that several ideas for a newsletter were discussed. The newsletter is to include highlights from the Commission's monthly meeting. b. Brochure - 'fhe CummiLtee also generated ideas for a brochure. It, was expected that Rudorfer would present a sample brochure to the Commission. Madison noted she was unable to contact Rudorfer before the Commission meeting. No presentation was made. D. Urban Potential Workshop Zukrowski reported scheduling and preparing for the Workshop without Committee participation because of the limited time involved. Approximately 70 invitations were mailed to individuals representing a cross section of the community and who were suggested by Scott and Costantino The Commissioners noted that Colleen Jones, Philip Jones, Mary Jo Small, and Minnette Doderer should be invited. Zukrowski reported that there will be a follow-up to the initial mailing. Zukrowski inquired whether the Commission would underwrite some participant's registration fee if needed and noted that some costs had already been incurred for room rental. Commissioners discussed whether the budget permits such financial support and the amount which could be offered. The budget, which does not differentiate between the Human Relations Department and the Human Rights Commission, reflects $120 for meals and $1,250 for training. Costantino suggested concelling the aworkship if less than 20 individuals were participating to avoid subsidizing the $2,500 required to cover C.T. Vivian's expenses. It was noted that the commit- tment prevented another organization from sponsoring the workshop. O -3- • McComas moved, Braverman seconded that Zukrowski would have the discretion to use up to $500 to underwrite registration fees. Braverman moved and McComas seconded to amend "up to $500" to "up to $250". The amendment passed with Braverman, McComas, and Madison voting "Aye", Costantino opposed. The original motion to underwrite registration fees also passed with Braverman, CcComas and Madison voting "Aye", Costantino opposed. Costantino opposed use of Commission funds for non -Commission part ir.ipants st:atinq that. limited funds should be spent for Commissioners' awn training. E. Civil [tights Specialist's Staff Report - 1. There were no questions regarding the written report. 2. Zukrowski noted receiving an inquiry from the State Urban Potential coordinator about position openings in Iowa City for a minority lawyer. Commissioners disagreed whether it is appropriate for the Commission to receive and refer individual employment inquiries. Braverman rioted that the Commission's functions do not include employment referrals while Costantino commented that the Human Rights Commission is a service agency and such announcements can be made at Commission meetings. F. Administrative Rules for New Ordinance A copy of the definition of probable cause, as revised was provided for easy future reference. G. (lousing Discrimination Clemens Erdahl from the Citizen's Housing Center, 354-4498, addressed the Commission. Relevant materials provided to the Commission focusing on housing discrimination included: Guide to Practice Open Ilnu::inry Law, and xeroxed articles about redlining from thefl-es Moines Register and Iowa Lyslander. Erdahl stressed the existence of a housino crisis in Iowa City which critically affects low income persons, those traditionally discriminated against, and foreign scholars who are unfamiliar with renting practices. Erdahl noted less than a 1% vacancy rate in Iowa City which is below the 5% vacancy rate federal guidelines use to define a housing crisis. f.rdahI noted an increase in the number of housing dis- crimination complaints received by the student university organizations. The speaker felt that referrals to the City's Human flights Commission may be limited because of the more recent active involvement by the Tenant Union and tire Student Protective Association in addition to the Commission's emphasis on conciliation. Erdahl explained the fol Iowino practices: redlining, testing, auditing, and steering. Redlining This practice by lenders of restricting investments in certain communities may oxist in Iowa City but the racial overtones cited in the newspaper articles are limited. Limited investments in older neighborhoods primarily affect single women and the elderly. Testing Testing is a method of (lathering evidence to document discriminatory housing or renting practices. Audit In a large, complicated situation, it is necessary to conduct several tests over time or an audit. Steering. Steering is the practice of consciously directing minority group members to certain housing unites while making other units available only to majority group members. Mr. Erdahl presented two suggestions to the Commission for dealing with discriminatory housing practices. First, Erdahl suggested an outreach program to contact student minority groups and tenants' organizations to facilitate cooperation and interaction. One problem cited by Erdahl is that individuals may not realize they are being dis- criminated against. Secondly, Erdahl suggested the Commission make known to landlords and realtors their liability to suit and discrimination charges. Erdahl feels many landlors, realtors and their representatives are unaware of the possible repercussions of discriminating. Erdahl stated that using an injunction in housing discrimination cases is an important and effective tool in order to provide relief to the aggrieved party. Other remarks made during the presentation were: 1. The Human Rights Commission has a duty to educate the public and publicize the law. The Commission should not worry about possible political repercussions. 2. The emphasis of State and local nondiscrimination ordinances is on conciliation. i 5 0 The State ordinance does not provide for punitive damages. 3. Be ca use of the 1.ight housing market, it is difficult to understand or establish a pattern of discrimination. And, discrimination may be seasonal and based on economic considerations. 4. Replacement costs and refurbishing a residence may be more expensive than new construction. Furthermore, new construction maybe depressed because of restrictive city ordinances. II. Complaints 1. Cases in litigation - Yellow Cab, Westinghouse. No movement 2. Dispositions a. E-7515 : Ryan reported that key witnesses would be available for public hearing and felt this was a strong case for public hearing. Costantino wanted to defer action until she could consult the other member of the conciliation team and confer with Morgan about the public hearing process. b. H-7603, H-7604 : It was questioned whether this case is appropriate for public hearing. However, public hearing would focus attention on the problem and repercussions of a discriminatory housing practice. Costantino wanted to defer action until she could consult with Morgan about the public hearing process. c. E-7605 : Zukrowski reported that Scott requested some changes in the conciliation agreement. d. H/D, 6-10-7701 : Case closed. Costantino requested a copy of the conciliation agreement. e. E/R, 4-6-7705 : Zukrowski provided additional relevant case decisions, A meeting with the con- ciliation team, Ryan and Zukrowski is to be held. f. E-7701 : Zukrowski is reviewing the case and pursuing additional information. -6- 3. Pending cases a. PA -7604 : Zukrowski is to send a letter to the State requesting an update on the status. 4. Cases to be monitored Currently, there are none in the monitoring stage. 5. Cases closed a. E-7610 No appeal by complainant I. Other 1. 8. Ettleson is conducting a workshop on how to lead meetings. Zukrowski asked that those interested notify her so Zukrowski can reserve a space. Costantino indicated that she would like to attend. 2. August meeting set for August 29, 1977 at 7:30 P.M.. The agenda setting is August 19, 1977 at 3:00 P.M.. J. The meeting adjourned at 10:30 P.M.. Jul NI l NUTHS IOWA CITY MANNING AND ZONING COMMISSION AUGUST 4 , 1977 -- 7:30 1'.1,1. CIVIC CIATHR COUNCIL CIIAMIN:RS 1,11iM1WIN 11111iS1iNT: C;]in, Vol ter, .hikahsrn, ilgr•;cu, Kannncrmcyur. NIIiMBERS ABSENT: BIIIIII, l.chrnan STAFF PRESENT: Schmciscr, Boothroy, Child ItECME,11M)ATIONS TO THE CITY COUNCIL: I. To approve A-7701, application submitted by 8arkur and Barker Development Company to annex n 2.7 -acro Iraet. of land local cd west of Ilighway 1 and Dane,S Dairy and contiguous to Lhe south City lhill ts. Approval was recommended as a means of assuring more orderly growth in the area. 2. That the arca described in 'Z-7704 fa 2•7 -acre Ir•act of land located west of Ilighway I and Ilanc's Dalry and contiguous to the south City Iimits) he zoned Cl 1. 'I'a approve 5-7733, application submitted by Business Development, Inc. a preliminary plat of a 112.5 -acre tract of land located north of Ifcinz (toad and west of Scott Boulevard, with the following waivers :jilt] contingencies: ( I ) that requirements for sidewalks be waived; (2) that an agrecrnunt. be submitted indicating that no development of Lot 5 ,hall he permitted until Such time as cithcr a resubdivision or an I.SNRD plan has been submitted for Lot 5; and (:5) that a waiver he Itrail ted in the installation of the public. improvements for Lot 5 at this time. 4. To approve 5-7738, the final plat of Vnlluy View Of' It! ver 110ights, Second Addition, subject to compli:mcc of the following deficiencies :Ind discrepancies: (I) the legal description of the subdivision should he referenced to a Section cornet•; (2) signatures of the registered land surveyor all(] of the utility companies should he provided; and (3) correction of a discrepancy with the legal description in the distance of the north lot I i no of ],at I I. REQUESTS '1'O THE CITY MANAGER FOR INFORMATION Olt STAIT ASSISTANCE: None LIST OF MATITRS PENDING COMMISSIONICOUNCII, DISPOSITION: I. 11-7317. Creation of a University Zone (U), 2. 11-7410. Creation of a Mobile Iforne Residential Zone (ItMll). 3. 11-7403. Revision of MI and M2 Zones. SIIMMARY OF DISCII.SSION AND FORMAL M.I'lONS TAKEN: Chairperson Cain culled the meeting to order and asked if anyone wished to discuss items not includod on the agenda. No one responded. 0 0 Commissioners uneuliamrusly approvvd Iht• ulinnlos of Ihr meet ing held ou .July !I, 1977, Willi the following cnl•rorlione: (11 the word•. ":old coalingencics" Should be added to 1 he I'i I I It i l em on page our :uul t by I %1 11 pa ragr:iph on pair o l n road: wit h Iho rolluwing waivrl alld rnnl iagrnriI...... I.'I Ihr Ia';1 •;I•nlvurr of IIu• fil't11 palral;raJill on pagv four should Dr rhnll;rd to read: "In Ibc pa -.l, Ibc I'lj% I:UIIIIIII:.'.1UII has disrue;scd the acquieitioil of Ihr !nbjccl prnprrly :r; park J:Ind." Barker and Barker Develohmerlt_CumpmU h>_s sulrnlitt(_d applications 1'01, annexation, rezoning from County CII to City (:II, andl preliminary and final plat approval of a 2.7 -acre tract of land located west of Highway I and Mane's Dairy and contiguous to the south City limits; 45 -day limitation period: 8/20/77; GO -day limitation Ile rjoil : 9/4/77. (ai A-7701. Public discussion. (b) 2-7704. ]'uhllc discuss I (ct SS -7730. Public (Iiecussiart. ------- Dong Buothroy, Assistant Planner, stated t.hal the Staff reconuaended ;approval of III(! annexation. The Commission unanimously recoamlended to the City Council approval of A-7701, application submitted by Barker and Banker Development Company to annexa 2.7 -acre tract of land located west of highway I and Dane's Dairy and contiguous to the south City limits. Approval of the annexation was recommended as a means of assuring more orderly growth in the arca. Boothroy stated that the Staff recommeade(I (:I zoning instead of (:II zoning which was requested by the applicant. (:[luck Mullen, attorney representing the applicant, expressed a desire to amend their original application to request C2 zoning instead of' (:II zoning. C2 zoning would he more in character with development that has already occurred to the area, Mullen suid. If the area were to be zoned CI now, he said, the character of uses which would he imposed would be sopnewhat inconsistent with already existing development. Ilan Schmeisur, Senior Planner, stated that. Ile would be very nwch opposed to a C2 zoning classification for the subject property and pointed out that a C2 zone allows general business uses. Ogesen questioned the status of' the amendments to the ordinance regarding parking requirements. Schnleiscr responded that consideration would he given to the ordinance at the next City Council meeting, August 9, 1977. Mullen stated that if the City should in the future rezopxpthe subject area by an involuntary annexation procedure to a CI zoning classification, non -conforming uses would be created. This would be out of character with the existing rulings of the Supreme Court, he said. Ogesen stated that if commercial uses arc to he located next to residential uses, it would seem "wi.se planning" to impose the most restrictive commercial zoning theordinance allows. The more restrictive zone would act as a transition zone, he said, and he favored Cl zoning. Because of eventual street patterns in the subject arcia, Kammermcyer said he would Ile willing to favorably consider the CII zoning. Ile said he would he opposed to C2 zoning. Vetter and Cain also indicated a preference for CII zoning. .lakobson 0 0 3 - thought a Cl zone would be a proper step down rrom residential zoning. A motion was made by Ogesen, secoodal by .lakubsen, to recommend to the City Council that the area described in A-7701 (:i 2.7 -acro tract of land located west of'llighway I and Dane's Dairy and contiguous to the south laity knits) be annexed to the City and zoned CI. Schmciscr pointed out that it Cl zoning were desired, it would be proper to deny the applicant's request and to r•ecommcnd Cl zoning in lieu thereof. The motion was withdrawn. The Commission approved by a 3-2 vote a motion to recommend to the City Council that the arca described in A-7701 (a 2.7 -acre tract of land located west of Highway I and bane's hairy and contiguous to the south City limits) he zoned Of. Ogesen and Jakobsen dissented. Duult Iloothroy noted that n memorandum hnd been rcccived rrom liugcnc Metz, City lingincer, regarding requirement: that should be met prior to approval of the preliminary plat. Boothroy started that additional Staff' time was needed to provide a more thorough review of the application. The Commission unanimously defcrred consideration or S-77.30, application submitted by Danker and Barker Development Company, until Lite next regularly scheduled P$Z meeting, August 18, 1977, to allow the Start' additional time for review of the application. Cain suggested that the highway Commission should be contacted and written comments obtained regarding construction of the street. S-7733. Public discussion of an application submitted by Business Development, 1Iv _M)royal of a preliminary plat of a 112.5 -acre tract or land located north o Iloinz Road and west or Scott Boulevard; 45 -day limitation: Aut3ust 29. 1977. (Iain rioted that it letter had been received from Keith Kafer, lixecutive Secretary or Business Development, Inc. requesting that the requirement of sidewalks he war i ved. Schmei.ser stated that all deficiencies and discrepancies had been corrected and the Staff recommmulcd approval of the plat. The Commission unanimously recommended approval of S-7733, application submitted by Business Development, Inc., a preliminary plat of n 112.5 -acre tract of land located north of Heinz (toad and west of Scott Boulevard, with the following waivers and contingencies: (1) that requirements for sidewalks be waived; (2) that an agreement he submitted indicating that no development or Lot 5 shall be permitted until such time as either a resubdivision or an ISNIID plan has been submitted for Lot 5; and (3) that a waiver be granted in the installation of the public improvements for Lot 5 at this time. Ogcscn noted that the agreement should besubmitted before City Council consideration. ■ 0 10 5-7738. Review of the final plat of Vallr' View of ItiIle" lIt! ights, Second Addition. 5chau•isur explained (11.11 although the subject addilioa is located within the annexation arca of Iowa City ;1s established ill an al;rceuwnt with the City OF Coralville, the City of Coralville has cxtratcrritor•ial jurisdiction over this suhdivision located in Johnson County. 'Therefore, the City of Coralville has submitted the subdivision to the City ol• Iowa City for review and comment. Schmeiser noted that the take will he constructed within the suhdivision which is permissihle according to the Sturm Rater Management Ordinance. Commissioners questioned whether Lot A would be of an adequate size to hold enough water for a 100 -year flood. Kammormeyer• stated that it would seem extremely difficult to make the necessary calculations to make such a determination. Commissioners encouraged the developer to construct the take as largo as possible. Chinn Shoemaker, Council member of the laity of Coralville, stated that the County had approved the, subdivision contingent upon approval by Coralville and Iowa City. A prohlcm with street width was one of the reasons why Coralville's staff recommended denial of the application, Shoemaker said. Schmeiser noted that the City Council would consider the application at the meeting held on August 9th.. The Commission unanimously recommended approval of 5-7738, the final plat of Valley View of River Heights, Second Addition, subject to compliance of the following deficiencies and discrepancies: (II the legal description of the subdivison should he referenced to a section corner; (2( signatures of the rogistered land surveyor and of the utility companies should be provided; and (3) correction of a discrepancy with the legal description in the distance of the north lot line of Lot If. of an application in the Coon" to rezone a tract of land located east of Commissioners discussed n letter to he sent: to the .Johnson County Zoning Commission concerning rezoning and expansion of Sunrise Village Motif to Home Park. Attached to these minutes is a copy of that letter. Commissioners discussed the possihility of a joint meeting with the •lohnson County Zoning Commission in Septumher. Chairperson Cain gave a brief report on the August 2nd City Council meeting. Commissioners Cain and Jakobscn agreed to attend a meeting on August 15th regarding the location of the proposed Iowa City sewage treatment plant. The meeting adjourned. Prepared hy: Sherry Chi �}',/�ix;i) "scretary / Approved hy: � ItiW v �LLCiI .I IFita Vetter, Pf,Z Secretary • • �/I• O//�/(O�W///y� �f�/' ////�//]! _ CIVIC C,Nna. IIB WA9 WI ST. 10NA CITY. IOWA i240U-k; August 5, 1977 .Johnson County Zoning Commission c/o Zoning Department P.O. Box 126 Iowa City, Iowa 52240 Re: Application for rezoning Dear Commissioners: The Iowa City Planning and Zoning Commission has reviewed an application to rezone a tract of land on the east side of Scott Boulevard immediately north of the Sunrise Village Mobile Home Park to a CH Zone. Commissioners expressed several concerns and wished to convey these concerns to you in your review of the application. Basically, these concerns arc enumerated as follows: 1. The primary concern is the establishment of commercial zoning along Scott Boulevard, a future major arterial street. There have been repetitive attempts by developers to zone land along Scott Boulevard within the City for commercial development who have consistently been discouraged from applying for rezoning. There is an existing undeveloped tract within three quarters of a mile of the subject property for commercial use. It is anticipated that the tract will develop as a neighborhood shopping center to serve the needs of the residents within this area. It is our understanding that, like the City's Zoning Ordinance, the County's Ordinance only permits mobile home parks within a commercial zone and it is also our understanding that the County proposes to establish a Mobile Home Residence Zone to correct some of the difficulties with the present Ordinance. i 0 Johnson County Zoning Commission August 3, 1977 Page 2 0 2. The City has received a number of complaints, as we know the County has, concerning the conditions of the existing Sunrise Village Mobile Home Park. It is fearful that the new mobile home park might be developed in such a manner that potential problems might later occur. 3. According to our soil survey, a copy of which is attached for your information, this tract is prime agricultural land. The City is considering making an attempt to preserve those areas of the City not yet committed for development that are prime agricultural areas. We would request that you give some consideration to this concern. These concerns are expressed.to assist you in formulating a recommendation concerning this application. If you would prefer, a Commission member could attend your meeting to express these sentiments. Sincerely, , i Patricia Cain Chairperson Planning and Zoning Commission /sc w • STAFF REPORT 0 To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: A-7701, Z-7704, S-7730. Barker's hate: August. 4, 1977 First Addition GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: -.Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Barker and Darker Development Co. c/o Robert Barker 2002 Dunlap Court Iowa City, Iowa 52240 Annexation, rezoning from County CH to City CII, and preliminary and final plat approval. the development of four commercial lots West of Highway 1 and Dane's Dairy and contiguous to the south City limits. 2.70 acres Undeveloped and County CH North - undeveloped and R3 West - undeveloped and CII South - office and commercial and CH Bast - Dane's Dairy and C11 Annexation procedures of Chapter 368.7, State Code of Iowa and requirements of the Subdivision Code and Storm Water Management Ordinance. 8/20/77 9/4/77 Adequate sewage service is available. City water does not presently serve the site but should be extended as soon as is possible. Sanitation service is available as well as police and fire protection. Vehicular access is proposed from Highway 1 via Willow Crock Drive. Physical characteristics: Topography is gentle with a slope less than five percent. ANALYSIS The applicant is petitioning the City for annexation of a 2.7 -acre tract which is located contiguous to the City and zoned by the county for highway commercial uses (CH). It is the intention of the applicant to subdivide his property into four lots for uses as permitted within the City's C11 Zone. According to Chapter 409 of the Iowa Code, the City can enforce its subdivision requirements with the plating of land within two miles of its corporate limits but as to what use the land is developed, the county has control where it has adopted zoning regulations. A key purpose of annexation is to promote orderly urban growth. Therefore, annexation of the property in question would provide the City with greater control of land development, particularly regarding its use, i.e., zoning regulations. It is the Staff's opinion that further unregulated or uncoordinated development of this area (e.g., as occurred previously along Highway 1) will have a continuing deleterious effect. A City also should annex land when it is able to do so financially. Sewer service has already been extended into this part of the City and is available to the proposed annexation area. Water service is not presently accessible but will be with the extension of a 12 -inch main as the land to the north develops and Sunset Street is extended to Highway 1. Both of these facilities have sufficient capacity and will easily accommodate the annexation area. In addition to availability of sewer and the future extension of water services, other important public facilities are available, e.g., fire and police. Therefore, the public outlay for provision of services to the request area should be minimal. If the subject area had been located in Iowa City prior to the commercial develop- ment along Highway 1, it's doubtful whether the City would favorably consider a request to zone this property to a commercial classification. This is assumed for two reasons: (1) it is more desirable to concentrate commercial uses in areasestablished in close association with other types of commercial uses. Commercial uses in Iowa City are too dispersed and the lack of a policy (i.e., comprehensive plan) in part accounts for this development pattern, and (2) the scatteration of urban type development into areas that are presently agricultural is undesirable because it is not known what effect such uses might have on the use of the surrounding property. The applicant is requesting that upon annexation of his property, it be zoned to CH; a use for which the county has zoned his property. An initial step was taker toward the formulation of a set of policies to guide land development in this area in 1969 with the preparation of the Southwest Area Study. The report indicated that land between the present corporate limits and the proposed align- ment of 518 would be a prime development area in the future and recommended it be annexed to control further urban expansion. Also, it recommended that within this territory no additional commercial zoning he approved. Obviously, the analysis and recommendations presented in 1969 have not been closely followed by the City. Commercial development has occurred along Highway 1 and in a strip pattern. Granting of the applicant's request would reinforce the existing development pattern. However, a denial of the subject request would not prohibit commercial use because the land is presently zoned for this type of development by the county. The only control the City can exercise over the development would be through involuntary annexation and zoning. Until this is accomplished, 0 -3- it is the Staff's opinion that any future commercial development permitted around Highway 1 should be of a type most appropriate for neighborhood convenience. It is the Staff's recommendation that upon annexation of the subject area, it be zoned Cl Commercial. Although those uses as permitted with the Cl Zone cannot all be considered as neighborhood, it is the most restrictive commercial zoning within the City. If the existing zoning regulations did, in fact, contain provisions for a neighborhood commercial zone, it would be the Staff's recommendation for the area in question. An important consideration with the proposed subdivision is access to Highway 1. Discussions with the State Highway Division's engineer, Maury Burr, and review of their planned improvements for Highway 1, indicates this highway to be a future limited access road. With regard to this development, direct access to Highway 1 would be severed with the improvements and access provided by the state via a frontage road to Sunset Street extended. The Staff wishes to avoid a recurrence of a Keokuk -Hollywood Boulevard type of intersection and its related problems in locating this frontage road. Therefore, the Staff recommends that Willow Creek Drive turn and run along the easterly property line of Lot 4 to an intersection with Sunset Street located well back from the Sunset-Ilighway 1 intersection. It is the recommendation of the Staff that the Planning and Zoning Commission approve the annexation and zone the subject area to Cl Commercial. Further, the Staff recommends that consideration of the preliminary and final plat be deferred, but that upon revision of the plat incorporating the deficiencies and discrepancies noted below, the plat be approved. DEFICIENCIES AND DISCREPANCIES 1. The location of the City limits should be shown on the plat. 2. The installation of 8 -inch water mains should be required. The water main location and size, hydrants and necessary easements should be shown. 3. The location of all utilities and their easements should be shown. 4. The plan does not comply with the Storm Water Management Ordinance. S. The construction plans for all public improvements need to be provided. 6. Signatures of the utility companies and of the registered land surveyor should be provided. 7. The location, type, material, and size of markers should be shown. 8. Grades of proposed Willow Creek Drive should be shown. 9. Thickness of paving and sidewalks should be shown. 10. The existing street should be constructed to City specifications before acceptance by the City. The street has four -inch mountable curbs on the north side and no curbs on most of the south side -- curbs are required by the Municipal Code to be constructed six inches high and non -mountable. As presently constructed, the adjacent property would have continuous parking access rather than systematically spaced approaches leading to designated parking areas. • -4- 9 II. An appropriate turn -around should he provided at the end of Willow Crock Drive; permanent if the street is to be terminated :it its present location and temporary if it is to be extended. 12. Complete curve notes nood to be provided For the intersection of Willow Crock Drive with Highway I. 13. A temporary asphalt apron should be provided between the Willow Creek Drive and Highway 1. 14. The Commission should waive the requirement that the streets intersect at angles between 80 and 100 degrees since it is a temporary access. 15. Necessary casements should be provided to allow Willow Creek Drive to turn northerly along the eastern boundary of Lot 4. r; i Approved by: {tGlij &,� Dennis R. Kraft, it ctor Dept. of Community Development Ciry \ \ Limirs \� LOCA.T/ON_ MAP A- 7701 Z - 770q S-7730 STAFF IMPORT To: Planning and Zoning Commission item: S-7733. RDI, Second Addition GENERAL INFORbIA'1'ION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning Applicable regulations 45 -day limitation: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: I Prepared by: Don Schmoiser (late: August 4, 1977 Rosiness Development, Inc. 129 F. Washington Street Iowa City, Iowa 52240 Approval of a preliminary plat, To establish five lots for industrial development North of Heinz Road and west of Scott Boulevard 112.5 acres Undeveloped and zoned Nil South - undeveloped and warehousing in an Nil Zone; Bast (across Scott Boulevard) - undeveloped (.Johnson County); North (across railroad) - undeveloped and zoned IIIA and RIB; West - industry, warehousing, and undeveloped; zoned M1. Provisions of the Subdivision Ordinance August 29, 1977 Adequate water service and sanitary sewer service via a lift station are available. Police and fire protection are available. Public sanitation service would not he provided. Vehicular access would be provided from Heinz Road. The topography is gentle with slopes of less than five percent. 3,q-';7/ I • 2 0 ANALYSIS The subject plat is a subdivision of Lot 6 of Auditor's I'lat, No. 32. pour 3 -acre lots and one 100 -acre lot are being established. The only concerns the Staff had relating to the subject subdivision include: 1. installation of the improvements required by the Subdivision Ordinance for Lot 5, and 2. the length of Heinz Road. As it presumably is impossible to foretell what improvements will be needed for Lot 5,. the Staff would suggest that the applicant enter into an agreement with the City waiving the requirements for the installation of the public improvements until such future time as Lot 5 may be developed as was done with Sturgis Corner Addition (see attached agreement). The obvious related concern is the length of Heinz Road which now exceeds the maximum length permitted for a cul-de-sac. Provision, therefore, should be made for extension of Heinz (toad to Scott Boulevard with the development of Lot S. RECOMENDAT'IONS It is the Staff's recommendation that consideration of the subject plat be deferred pending resolution of the deficiencies and discrepancies noted below. Upon revision of the plat and submittal of an agreement deferring installation of public improve- ments for Lot 5, it is the Staff's recommendation that the plat be approved. Df:PICII:NCfRS AND DISCREPANCII:S 1. Storm water calculations should be submitted and storm water detention areas illustrated on the plat. Alternative storm water storage requirements could be satisfied upon the development of each lot in the subdivision when Large Scale Non -Residential Development plans are submitted. 2. Engineering specifications on the size of a proposed box culvert and storm sewer intakes should be excluded from the preliminary plat. 3. Existing and proposed water mains should be 12" in diameter. 4. Across -section of the entire right-of-way width of Heinz Road should be illustrated and within said cross-section, sidewalks should he shown and a 2 percent parabolic crown on the street surface indicated. 5. Scott Boulevard should be indicated on the plat and the present width noted. 6. A note should be included on.the plat to the effect that extra width right-of-way will be dedicated to the City along Scott Boulevard for street purposes. ATTACHMENTS 1. Location map 2. Agreement for Sturgis Corner Addition ACCOMPANIMENT Preliminary plat. Approved by: Dennis Kraft, rfii. Community Dov. C &• �3 BEDE F1 DDIT 4-N ry LOCATION IOWA . CITY, IOWA f•10 Sr -P -LF- 5-7733 II II IIII II II I LL C &• �3 BEDE F1 DDIT 4-N ry LOCATION IOWA . CITY, IOWA f•10 Sr -P -LF- 5-7733 AGln:> 4T 111115 AGR1-.E M?NP m1de by and between Gouthgote r,vrlopmrnt Conj-hiny, the owners and developers, hereinafter called the Dirty of the first part, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the party of the second part, WPTNESSETH: In consideration of the party of the second part approving the preliminary plat of the Sturgis Corner Addition of the following described property as set forth in Exhibit A and by this reference made a part of this Agreement. The party of the first part agrees that prior to the issuance of any building permit for any construction or develolirent and prior to any installation of utili- ties or other inprovenents upon Lot 2 of said preliminary plat the party of the first part shall cause Lot 2 of Sturgis Corner Addition to he platted in conformance with the provisions and requirements of Chapter 9.50 and other applicable ordinances and provisions of the Municipal Code of the City of Iowa City, camonly known as the subdivision code. Further, it is intended and agreed that this agreermnt shall be binding, to .the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the party of the second part, its successors and assigns, against the party of the first part, its successors and assigns and every successor in interest to the above described property, or any part thereof or any interest therein, and any party in possession or occupancy of the property of any part thereof. It is further agreed between the parties that the sidewalks indicated on the above preliminary plat for Lot 1 of said subdivision shall not be installed until and unless the party of the second part deems it necessary upon review of Use aforenentiomd plat of Lot 2 of Sturgis Corner Addition to install said side- walks. CITY OF IDWA CITY, IOWA By: By�� �'C--- Mayor V j �[ Press t By: By: City Clerk cre n DAVIDLGEASWND �� 1 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18GD NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMMITTEE: COMMITTEE ON COMMUNITY NEEDS Three vacancies - Two-year terms October 1, 1977 - October 1, 1979 One vacancy - Unexpired term September 20, 1977 - March 1, 1979 One vacancy - Unexpired term September 20, 1977 - March 1, 1978 One vacancy - Unexpired term September 20, 1977 - July 1, 1978 It is the duty of members of the Committee on Community Needs to coordinate communication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. These appointments will be made at the September 20, 1977, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. 3ys3 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 35A.180D NOTICE THE CITY COUNCIL OF IOWA CITY IS CON- SIDEP,ING AN APPOINTMENT TO THE FOLLOWING BOARD: BOARD OF ELECTRICAL EXAMINERS AND APPEALS - One vacancy - Four-year term October 26, 1977 - October 26, 1981 This vacancy must be filled with a person who is a licensed (active) electrical contractor. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. It is the duty of the Board of Electrical Examiners and Appeals to periodically review the Electrical Code and make recommendations thereto to the City Council, to prepare and conduct written examinations, to suspend or revoke any of the licenses or certificates for due cause, to act as board to appeals to hear grievances arising from a decision of the chief electrical inspector and to provide for reasonable inter- pretations consistent with the provisions of the Electrical Code. The selection and appointment to this Board will be made at the September 20, 1977, meeting of the City Council at 7:30 P.M. in the Council Chambers. The actual vacancy will not occur until October 26, 1977:This will allow the appointee to attend meetings of the Board of Electrical Examiners and Appeals in order to become familiar with the duties of the Board before assuming full responsibility. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. 3yS3 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING COMMISSION: HUMAN RIGHTS COMMISSION One vacancy - Unexpired Term August 16, 1977 - January 1, 1980 The duties of the members of the Human Rights Commission are to provide for the general welfare of the citizens of Iowa City by studying the relation- ships of people of various races, colors, creeds, religions, nationalities, sexes and ancestries living within the community. To provide procedures for. the, operation of said Commission to eliminate prejudice, intolerance, bigotry and discrimination in the City of Iowa City. To provide for the general welfare of the citizens of Iowa City, Iowa, by declaring discrimina- tory practices in the areas of public accommodations, employment and the leasing, sale, financing or showing of real property to be against public - policy and to provide procedures for the investigation of complaints and conciliation and to provide for enforcement. .Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. This appointment will be made at the August 16, 1977, meeting of the City Council at 7:30 P.M., in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354-1800 G\ P, 0 9 CERTIFICATE OF SUFFICIENCY State of Iowa City of Iowa City, Johnson County I, Abbie Stolfus City Clerk, do hereby certify that I have examined the petition submitted by Harry Baum Clemens Erdahl, Valerie Wilk, Sarah Wenke, Christa Brusen, Yvonne Palmer and Ira Bolnick on the 9th day of Nay , 19 77 , which requires 2500 signatures of qualified (registered to vote in Iowa City) voters. and I find that it meets the requirements of Article VII, Home Rule Charter of the City of Iowa City. Witness my hand this 10th day of August , 19 77 (Signature) J Subscribed in my presence and sworn to before me by this / I t;r day of -&�y , 1997 Notary Public in and for Johnson County, Iowa. 3 0 0 CHAPTER 9.31 ••• • Y • I• 9' 17 1 ••. • I 11 t I • L t •' dr • 1 I' •.• 1 • • I• • V � 1 • • •,• • I• DY •1 7� 19 II "• Y]M Y IY ••• 9 Y' r • • '.• 7 9 • • 19•w '•. • Y' 11 • 1 .• LI r SECTIONS: 9.31.1 9.31.2 9.31.3 9.31.4 9.31.5 9.31.6 9.31.7 9.31.8 9.31.9 9.31.10 9.31.11 9.31.12 9.31.13 9.31.14 9.31.15 Short Title, Purposes and Construction, Application, and Definitions Teras and Conditions of Rental Agreements Rental Deposits Obligations of Operator Obligations of Tenant Panedies of Tenant Duties of the Housing Inspector -Procedure Application of Specific Repealer Rent Withholding Receivership Appeals Remedies of the Operator Remedies of Operator and Tenant for Abuse Retaliatory Conduct Prohibited Effective Date, Repealer, Savings Clause, of Access Severability 9.31.1 Short Title, purposes and Construction Application, and Definitions A. Short Title.. This ordinance sha11 be )mown and nay be cited as the "Residential �en�—Tenant Ordinance'.' B. Purposes, Rules of Construction: 1. This ordinance shall— be Eerally construed and applied to prarote its un- derlying purposes and policies. 2. Underlying purposes and policies of this ordinance are a. to inPlement the purposes of the Minima Housing Standards, Chapter 9.3C of the Mmicipal code, b, to 'clarify the rights and obligations of the operators and the tenants of rental residential housing, c. to encourage operators and tenants to nuintain and improve the quality Of housing, d. to protect tenants from retaliation and to provide them with sufficient security of tenure to enable them to enforce their rights under any ap- plicable statute, ordinance, or rule of law, and e. to protect persons from discrimination in housing transactions. C. Unconscionability. 1. If the court, as a matter of law, finals a.'a rental agreement or any provision thereof was unconscionable when made, the court may refuge to enforce the agreement, enforce the remain- der of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or b. a settlement in which a party waives or agrees to forego a claim or right under this ordinance or under a rental agreement was unoonscion- able when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an un- ccnscionable result. 2. If unconscionability is put into issue by a party or by the court upon its 1 3 0 • 9.31.1 parties shall be afforded a reasonable Opportunity to Present emen a,�n motion the Part se, and effect of the rental agreeMent or, settlement Bence as to the setts.ng, purpose, tion. act which to aid the °° in making the d utyder t� s ordinance and every t which D. pili tion of Good Faith.eryrt to the exercise of a or or en - must be performed as a �rdition precedent of good faith in its Per der this ordinance ircposes an obligation forcement. _ applies to and regulates the occupation E. Territorial rca ental prThiswithin this City- lira - res lication of ordinance. Unless creaked to avoid the app E4 -. by flus ordi- F. Exclusions frau the follvaing arrangements are not governed tion of this ordinance. if incidental to detention ice' at an institution, public or private, religious, or sim- 1. residence geriatric, educational, counseling, or the provision of medical, 9 ilar service, � r a contract of sale of a dwelling unit or the property Of 2' o y de the occupant is the purchaser or a person who succeeds which it is a part, zation in the portion his/her interest,VancbOrgani 3. occly a member of a fraternal or l of a structure operated for the benefit of the organization, a hotel, or moan of less than one month sane right to occupancy is condi- 4. transient by aneemp1 employee of an. operator who 5. upooccn enplopancy me an n a oy remises,. 1 tin and about the p t or a holder of a proprietary tional upon e� °Y�an owner of a condominium Ui17. 6. occupancy by t lease in a cooperative, t covering Poses used by the occupant 7. mac, under a rental agreenpn primarily for agriculturalPurposes-nit in a single family aener occupied dwelling in 8. occupancy tide nes- e rooming units are let to 3 or fewer P`rSOnss' is the usual and bona y occupancy of a single family dwell -n4 is of less °re year' idence of the owner by a tenant for a,t���Y Per 3n subsequent G. feral Definitions. Subject to additional definitions contained ons thereof, s ordinance which apply to specific Sections or subsections ns o s ordinance' ro- and unless the context otherwise requires, in thi and any other p 1. 'action' includes recouprent, set-off, suit in equi for possession. seeding in which rights are determined, including an act -ion governmental 2. 'building and housing codes' include any aw, ordinance, or oanstruction, maintenance' Op regulation concerning fitness for habitance°of any Premises or dwelling unit. safety, or appe used or intended enation, Occupancy, use, {r,�;ng which is wholly or partly means any to be used for living or sleeping by human occupants, located within a dwelling 4. 'dwelling unit' means any �m or group Of ie rooms ,,&dc used or intended to and forming a single habitableunit ng facilities which are Chapter 9.30 be used for living, sleeping, for purposes of this ordinance 5. 'family nodi, k»useho fact in the conduct of the transaction oon- of the Municipal code, honesty . 6, good faith'meansa n or per whether legally related or not, who corned. ,household Weans Dorso sone, occupy and use in common a single dwelling or dwelling unit far residential purpos- es. 8. ,fiord, means operator. , �, or control of a building me 9. 'operator' ans any Perms who has charge let. or part thereof, in which dwelling units or rooming units are 2 J 11 9.31.1 10. 'owner' means any person who, alone or jointly or severally with others: a. whall have legal title to any dwelling unit, with or without accompany- ing actual possession thereof, or b. shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the awner. Any such person thus representing the actual owner shall be bound to cxnply with the provisions of this ordinance to the same extent as if s/he were the owner. 11. 'person' means and includes any individual, firm, corporation, association, or partnership. 12. 'premises' means a dwelling unit and the dwelling or structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facili- ties held out for the use of tenants generally or whose use is promised to the ten- ant. 13. 'rent' means all payments to be made to the operator under the rental agree- ment, excluding any payment which is exclusively a rental deposit. 14. 'rental agreement' means all agreersuts, and all valid rules and regula- tions adopted under Section 9.31.5.B, embodying the terms and conditions concern- ing the use and occupancy of a dwelling unit and premises. 15. 'rental deposit' means any deposit of money to secure the performance of a residential rental agreement, other than a deposit which is exclusively in advance payment of rent. 16. 'roarer' means a person occupying a roaming unit. 17. 'roaming house' neans any dwelling, or that part of any dwelling contain- ing one or more roaming units, in which space is let by the Owner or operator to more than three persons except those whose relationship to the owner or operator by blood, mazziage, or legal adoption was the basis for occupancy. 18. 'rooming unit' means any group of roans forming a single habitable unit used or intended to be used for living and sleeping but not for cooking and eating purposes. 19. 's/he' means she or he. 20. 'single family residence' mans a separate structure maintained and used by a single household as a dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family resi- dence if it has direct access to a street or thoroughfare and shares neither heat- ing facilities, hot water equiprent, nor any other essential facility or service with any other dwelling unit. 21. 'tenant' means a person or persons entitled under a rental agreement to oc- cupy a dwelling unit to the exclusion of other persons who are not members of the same household. 9.31.2. Terms and conditions of Rental Agreements. A. An operator and a tenant may include in a rental agreement terms and conditions not prohibited by this ordinance or by any other ordinance, statute, or rule of law. B. Separation of Rents and Obligations to Maintain Promrtv Pbrbidden. A rental agreement, assignment, conveyance, trust deed, or securrty trent may not permit the receipt of rent free of the obligation to conply with Section 9.31. c. Prohibited Provisions in Rental Agreements. A rental agreement may not provide that the tenant: 1. agrees to waive or forego rights or remedies under this ordinance or under any other applicable statute, ordinance or rule of law; 2. authorizes any person to confess judgement on a claim arising out of the ren- tal agreement; 3 0 0 9.31.2 3, agrees to pay the operator's attorney's fees; 4. agrees to the e=ulpation or limitation of any liability of the operator a- rising under law or to indemnify the operator for that liability or the costs con- nected therewith; 5. agrees to a collateral agreement or provision incorporated in the rental ag- MeDrent by reference unless a copy thereof is affixed to all copies of the rental agreement; 6. agrees to a lien on behalf of the operator of the tenant's chattels, except by formal legal process as provided by statute. D. ]baui_red provisions in Rental Agreements. A written rental agrearent evidencing the understanding of the parties shall be executed by both the operator and the tenant and shall be subject to the following conditions: 1. the rental agreement shall be executed by all parties to the rental agree- ment in duplicate, one copy of which shall be provided by the operator to the ten- ant at the tine of execution; 2. the rental agreement shall specify any restrictions as regards the use by the tenant of the leased premises and further specify any attendant rights to the use of the leased premises; The rental agreement shall also contain: 3. a provision specifying the amount of rent, rental deposit, and any other fees to be charged to the tenant; 4, a covenant of habitability as provided in Section 9.31.4A; 5, a provision acknowledging and specifying the operator's and the tenant's collateral responsibilities for naintai.nence of the premises; 6, a:prvvision acknowledging the operator's responsibility to provide writ- ten receipts for all cash meanies received from the tenant; 7. an itemization of all services to be provided by the operator to the ten- ant of whatsoever kind, provided that the operator shall have the right to alter, modify, substitute or change such services so long as the new service is substan- tially similar or equal to the original service itemized in the rental agreement; 8: an itemization of all equipment provided by the operator to the tenant pro- vided that the operator shall have the right to alter, modify, substitute or change such equipment so long as the new equipment is substantially similar or equal to the original equipment itemized in the rental agreement; 9. a provision enumerating the number of persons authorized to occupy said pre- mises not to include occasional guests; 10. a provision acknowledging the operator's duty to furnish the tenant with a checklist of damages and defects as provided by Section 9.31.3B and with an itemi- zation of any damages repaired by the operator and charged to the tenant. E. Disclosure. 1. An,operator or any person authorized to enter into a rental agreement on his/ her behalf shall disclose to the tenant in the rental agreement the name and address of a. the person authorized to manage the premises; and b. an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipt - ting for notices and demands. 2. The information required to be furnished by this subsection shall be kept current. This subsection extends to and is enforceable against any successor oper- ator, owner, or manager. 3. A person who fails to comply with paragragh 1. of this subsection becames an agent of each person who is an operator for: a. service of process and receiving and receipting for notices and demands; and b. performing the obligations of the operator under this ordinance and under • 0 9.31.2 . the rental agreement and expending or making available for the purpose all rent collected from the premises. F. Sublease and Assiggurent. Every rental agreement shall contain a provision allow- ing the tenant to assign or sub -lease. The right to assign or sub -lease shall be subject to the following conditions: 1. Unless otherwise agreed in the rental agreement, the tenant may sub -lease his/her premises or assign the rental agreement to another upon 30 days notice to the operator. 2. The rental agreement may condition the tenant's right to assign the rental agreerent or sub -lease the premises on obtaining the operator's approval of the prospective assignee or sub -tenant, which approval shall not be withheld without just cause upon reasonable grounds relating to the ability of the prospective as- signee or sub -lessee to fulfill the provisions of the rental agreement. Reasonable grounds for rejecting a proposed sub -lessee or assignee shall be limited to: a. insufficient financial responsibility; b. unwillingness of the prospective assignee or sub -lessee to assume the same terms as are included in the existing rental agreement; c. an affadavit signed by a previous operator, setting forth material abuses of other premises occupied by the prospective sub -lessee or assignee or mater- ial breach by the prospective sub -lessee or assignee of the rental agreement with the previous operator. 3. In any proceeding in which the reasonableness of the operator's rejection shall be in issue, the burden of showing reasonableness shall be on the operator. G. Renewal of the Rental Agreement. Every rental agreement shall contain a provi- Sion allowing the tenant to renew the rental agreement except upon the existence of just cause for not renewing the rental agreement. Just cause shall be limited to one or more of the following: 1. the tenant has failed to pay rent which is due and owing, except as provi- ded in this ordinance or under any other applicable statute or rule of law; 2. the tenant is, during the rental period before the expiration of the rental agreement, in substantial violation of the rental agreement or of Section 9.31.5; 3, the operator proposes, at the expiration of the rental agreement, reasonable changes of substance in the terms and conditions of the rental agreement, including specifically any increase in rent, provided that such changes and the increase in rant are fairly applied to all tenants arca are not retaliatory against any tenant or group of tenants; 4. the operator seeks permanently to board up or demolish the premises because s/he has been cited by the dousing Inspector for substantial violations of Chapter 9.30 of the hfimicipal Code and it is economically unfeasible for the operator to correct the violations, provided that the operator co mences this action before the dwelling is certified for rent withholding under Section 9.31.9; 5. the operator seeks at any time to retire the dwelling permanently from ren- tal residential use, provided that this paragraph shall not apply to circunstanoes covered under paragraph 4. of this subsection. 6. the operator seeks to do substantial repairs or remxlling which cannot be dome without vacating the dwelling unit. The operator shall offer, to any tenant required to vacate a dwelling unit under operation of this paragraph, a new lease on the dwelling unit when the dwelling unit is again ready for occupancy, unless the tenant waives this right in writing; 7. the owner of a duelling of four or fewer dwelling units seeks to personally occupy a unit, or has contracted to sell the dwelling to a buyer who wishes to per- sonally occupy the dwelling unit and the contract of sale requires that the dwell- ing unit be vacant at the time of closing; 8. the operator conditioned the tenancy upon and in consideration for the ten- ant's employment by the operator in or about the promises and the employment is • 1 0 9.31.3 being ten dnated. H. Remedy for unlawful provisions in Rental Agreamnts. A provision prohibited by this Section included in a rental agreement is unenforce- able. A rental agreement which does not include a provision required by this Sec- tion shall be construed as if it did include the required provision. If an opera- tor uses a rental agreement containing prohibited provisions or which does not oon- tain required provisions the tenant shall be entitled to damages. 9.31.3. _Rental Deposits. A. An operator may not demand or receive a rental deposit, however denominated, in an amamt or value in excess of one month's periodic rent nor any advance payment If rent except the rent for one period which is due at the beginning of that peri- od. E. Checklist of Damages and Defects. 1. The operatorshall, within 5 days of the initial date of occupancy or upon delivery of possession and before receiving the rental deposit from the tenant, provide the tenant with a checklist of damages and defects. 2- The operator and tenant shall jointly examine the dwelling unit and shall record on the checklist all observable damages or defects and the condition of all equipment and furnishings supplied by the operator. 3. If the operator and the tenant fail to agree on any item each shall record his/her dissent in a space provided on the checklist for that purpose or in a sepa- rate writing attatched to the checklist., 4- The checklist shall be filled out in duplicate, the operator arra the tenant shall sign and date both copies, the dissenting party shall sign and date any state- ment of dissent, and each party shall retain one copy. 5. If latent defects become manifest or if defects are repaired during the ten- ancy the checklist shall be revised and all revisions shall be initialed and dated by both operator and tenant. 6: At the termination of the tenancy the operator shall examine the dwelling unit in the presence of the tenant and shall imnediately record, initial, and date on both oopies of the checklist any damages observerd, apart from ordinary wear and tear, which are not recorded on the current checklist. If the tenant disagrees, with the operator on any item, s/he shall record his/her dissent on both copies of the checklist and shall date'and sign the statement of dissent. 9.31.4. Obligations of the Cperator. A,erator to Maintain Premises. An operator shall 1. oa[ply with there emants of all applicable building and housing codes, and, 2- make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition throughout the term of any rental agreement. B- The operator and the tenant of any dwelling unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodling only if L the agreement of the parties is entered into in good faith arra not for the purpose of evading the obligations of the operator and is set forth in a separate writing signed by the parties and supported by adequate consideration, and 2. the agreement does not diminish or affect the obligations of the operator to the tenants in other dwelling units in the premises. C. The operator may not treat performance of the separate agreement described in subsection B as a Condition to any obligation or performance of any rental agree- ment, unless the tenancy was conditioned upon and in consideration for the tenant's enFl0Yc10nt in or about the premises. D. Operator not to Discriminate. Chapter 10.2, of the Municipal Code, entitled the Human Rights Commission, is hereby r I C, 9.31.4 amended by striking Section 10.2.5 and i..serWig in lieu thereof the following: 10.2.5 Discriminatory Practice--H_u!3�12 A. It shall be unlawful for any person to refuse to engage in a housing transaction with any other person because of race, color, creed, religion, national origin, age, sex, lawful occupation, affectional preference, marital status, disability, the. fact that these are children in the parson's household or the number of such chil- dren (except in oompliamce with any applicable law concerning minimum space re- quirements in residential rental dwellings), or the fact that the parson receives public financial assistance of any kind. B. It shall be unlawful for any person to discriminate against any other rRxson be- cause of race, color, creed, religion, national origin, a,e, sex, lawful occupation affectional preference, marital status, disability, the fact that there are chil- dren in the person's household or the number of such children, or the fact that the person receives public financial assistance of any kind in the terms, ccndi- tions or privileges of any real estate transaction. C. It shall be unlawful for any person to directly or indirectly advertise, or in any other rranner indicate or publicize in any real estate transaction that any per- son because of race, color, creed, religion, national origin, age, sex, lawful oc- cupation, affectional preference, marital status, disability, the fact that there are children in the person's household, or the fact that the person receives pub- lio-assistanoe of any kind is unwelcome, ,+ojectionable, or ;iot solicited. D. Exceptions: 1. Any bona fide religious institution with respect to any qualification it may rose based on religion when such qualifications are related to a bona fide religious purpose.. 2., The rental or leasing of four (4) or fever rooms within an owner -occupied rooming house in which renters pass through the owner's living area. 3. Restrictions based on sex in the .rental or leasing of housing acocnmodations by nonprofit corporations. 4. Restrictions based on sex in the ru_ital or leasing of housing accara;ndations within which residents of both sexes would share a crmron bathroom facility on the same floor of the building. 5. -This ordinance does not create an affirmative duty to remove barriers for the handicapped, in excess of the requirements of Chapter 104A, Iota Code. 6. Housing acconndations may be designated specifically for the disabled, how- ever, housing accomudations may not be restricted among the disabled on the basis of race, color, creed, religion, national origin, sex, marital status, affectional preference, the fact that there are children in the person's household, or the fact that the person reoeives public financial assistance of any kind, or lawful occupation. 7. Housing accommodations may be designated specifically for the elderly, how. - ever, housing accommodations may not be restricted among the elderly on the basis of race, color, creed, religion, national origin, ser., lawful occupation, marital status, affectional preference, or the fact that the person receives public finan- cial assistance of any kind. S. Any owner occupied rooming house and any owner occupied dwelling in which there are 4 or fewer rental units may be restricted as to families with children, or as to affectional preference or marital status. 9.31.5. Tenant Obligations. A. 7bnant to MintaE Dwelling Unit. A tenant shall 1. comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codas, 2. not deliberately or negligently cause substantial damage to or remove any 0 • 9.31.5 part of the premises or knowingly permit any person on the premises with his/her permission and under his/her control to do so, and 3, conduct himself/herself and require other persons on the premises with his/ her consent and under his/her control to conduct themselves in a manner that will not substantially disturb his/her neighbors' peaceful enjoyment of the premises. B. Rules and Regulations. An operator, from time to time, may adopt a rule or regu- lation, however described, concerning the tenant's use and occupancy of the premi- ses. It is enforceable against the tenant only if 1. its purpose is to pronmte the convenience, safety, or welfare of the ten- ants in the premises, preserve the operator's property from abusive use, or make a fair distribution of services and facilities held out for tenants generally, 2. it is reasonably related to the purpose for which it is adopted, 3. it applies to all tenants in the premises in a fair manner, 4. it is sufficiently explicit in its prohibition, direction, or limitation of the'tenant's conduct to fairly inform hinVher of what s/he must or must not do to comply, 5. it is not for the purpose and does not have the result of evading obliga- tions of the operator, and 6. the tenant has notice of it at the tine s/he enters into the rental agree- ment or, if it is adopted after s/he enters into the rental agreement, notice rea- sonably in advance of its effective date. If a rule or regulation is adopted after the tenant enters into the rental ag- reement that works a substantial modification of the rental agreement it is not valid unless the tenant consents to it in writing. C. Access. 1. A tenant shall not unreasonably withhold consent to the operator to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed ser- vices, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. 2. An operator may enter the dwelling unit without consent of the tenant in case of emergency. 3. An operator shall not abuse the right of access or use it to harass the ten- ant. Except in case of emergency or unless it is impracticable to do so, the oper- ator shall give the tenant at least 24 hours' notice of his/her intent to enter and nay enter only at reasonable times. 4. An operator has no other right of access except a. pursuant to court: order, or b. unless the tenant has abandoned or surrendered the premises. 9.31.6. Tenant Remedies. A. Termination. If there is a material noncompliance by the operator with the rent- aa�greenent or a nonmxmplianoe with Section 9.31.4A materially affecting health and safety, the tenant my deliver a written notice to the operator specifying the acts and omissions constituting the breach and that the rental agreement will ter- minate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days after receipt of the notice and the rental agreemant shall terminate as provided in the notice subject to the following: If the breach is remediable by repairs, the payment of damages or otherwise and the operator adequately remedies the breach,or makes an agreement with the ten- ant -to remedy the condition, before the date specified in the notice the rental ag- reement shall not terminate by reason of the breach. • • 9.31.6 B. Repair and Deduct. 1. If the operator fails to repair any defects or damages in the premises which s/he is obligated to repair or fails to provide or replace any equipment or services for which s/he is obligated and the reasonable cost of such repair, provision or replacement is less than $150 the tenant may notify the operator of his/her inten- tion to correct the condition at the operator's expense. If the operator fails to comply, or to make an agreement with the tenant to correct the oondition,,within 14 days or as promptly as conditions require in case of emergency after being noti- fied by the tenant in writing, the tenant may cause the work to be done by a per- son who makes such Cork his/her regular occupation and, after submitting to the op- erator an itemized statement and copies of receipts for the actual amount expended, deduct from his/her rent the actual cost of the work, not exceeding the amount specified in this paragraph. 2. The tenant may not make use of this remedy more than 4 times in any 12 month period. C. Rent Abatement. If contrary to the rental agreement or Section 9.31.4A the op- erator fails to supply heat, running water, hot water, electric, or gas or fails to maintain electrical, plumbing, or structural facilities in the dwelling, or fails to supply or maintain any other services, equipment, or facilities which are essential to the health, safety, or welfare of the tenant, or if the dwelling unit or premises are damaged or destroyed by Mire or casualty to the extent that enjoy- ment of the dwelling unit is substantially impaired, the tenant may, upon giving notice to the operator of the action to be taken and the arounds for such action 1. continue occupancy, if lawful, and abate rent, as of the date of the breach, in proportion to the diminution in the fair rental value of the dwelling unit, or 2. abate the full amount of the rent as of the date of the breach, and a..tengorarily procure reasonable substitute housing during the period of the nonomrpliance and recover the difference between the actual and reasonable cost or. fair and reasonable value of the substitute housing and the periodic rent, b. and unless the operator remedies the breach, or makes an agreement with the tenant to remedy the breach, within 14 days, the tenant may vacate the premises and terminate the rental aareement as of the date of vacatinq arra recover the difference between the actual and reasonable cost of the new housing and the D. Reperiodic dips NotnExclusive 1. The tenant may not make use of more than one of the remedies provided in paragraphs A, B, or C of this Section for any one breach. 2. However, in addition to the remedies provided in paragraphs A,B, or C of this Section the tenant shall be entitled to all other remedies arising under sta- tute, ordinance, or rule of law and shall be entitled to appropriate damages, spec- ific performance, or injunctive relief for any substantial noncompliance by the op- erator with the rental agreement or Section 9.31.4A. E. .rr an operator muawtu.L.Ly removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the inter- ruption,of heat, running water, electric, gas, or other essential service, the ten- ant may recover possession or terminate the rental agreement and, in either case shall be entitled to damages, and appropriate injunctive relief. F. Rental Deposit and Prepaid Rent. If the rental agreement is terminated the oper- ator return or as much of the rental deposit as the tenant is lawfully entitled to and all prepaid rent. Accounting for rent in the event of termination shall be made as of the date of termination. In case of termination or abatement rent shall be apportionable from day to day. G. Rights of the tenant under this Section do not arise until notice has been given to the operator by the tenant or if the cordition was substantially caused by the 9.31.7 deliberate or negligent act of the tenant, a member of his/her household or a per- son on the premises with the tenant's consent and under the tenant's control. 9.31.7 Duties of the Housing Inspector—Procedure. Chapter 9.30.9D of the Dlonicipal Code is hereby amended by striking Paragraph 9.30.9D and inserting in lieu thereof the following: D. Whenever, upon inspection of any rental dwelling, the Housing Inspector finds that conditions or practices exist which are in violation of any provisions of this Chapter the Housing Inspector shall revoke the permit of the dwelling, if the dwelling has a permit. The Housing Inspector shall also take the following actions: 1. If the dwelling meets the criteria for condemnation in Section 9.30.10 of this Chapter and is, in the judgement of the Housing Inspector, an immediate danger to the health or safety of the occupants, and no immediate corrective action can be taken which will be sufficient to safeguard the health and safety of the occupants, the Housing Inspector shall imaediately begin the procedures provided for in Sec- tion 9.30.10 and shall order the dwelling to be vacated. 2. If the dwelling does not meet the criteria for condemnation and placarding the Housing Inspector shall issue a temporary permit for the dwelling. The Housing Inspector shall give notice in writing to the operator that the permit has been re- voked and that a temporary permit has been issued. The notice shall be in the form Provided in 9.30.3A of this Chapter and shall be an order to correct the conditions and practices which are in violation of this Chapter within a reasonable period, to be determined by the Housing Inspector. The order shrill specify a date by which each correction is to be completed. 'the corrections shall be scheduled to be com- pleted as promptly as conditions require in case of emergency and as soon as prac- ticable for other corrections, but in no case more than two months, .except for cor- rections that cannot be completed due to weather or other factors beyond the oper- ator's control. 3. The Housing Inspector shall provide a copy of the notice to every affected tenant in the dwelling. For this purpose in the case of multiple dwellings or room- ing houses it shall be sufficient for the Housing Inspector to post the notice in a conspicuous place in a part of the dwelling ca= to all tenants. Ido person shall deface or remove such notice from any dwelling until all corrections ordered in the notice have been crnpleted. 4. The Housing Inspector shall reinspect the dwelling at the end of the period specified in the notice for the completion of all corrections except that s/he shall reinspect before the end of the period a. as the Housing Inspector considers necessary in the case of emergency conditions, b. upon information from the operator that all corrections ordered in the notice have been completed, or C. upon information from an affected tenant that the operator is not sub- stantially complying with the schedule provided in the notice. 5. Upon reinspection the Housing Inspector shall take one of the following ac- tions: a. If the Housing Inspector finds that the conditions and practices speci- fied in the notice have been corrected s/he shall, upon application and Payment of fee by the operator, issue a permit for the dwelling. b. If any condition or practice has not been corrected by the date speci- fied'in the notice the Housing Inspector shall certify the dwelling for rent withholding and shall so notify the operator and the tenants in the dwelling. 6. In instances where violations of this chapter are confined to one of sever- al dwelling units or rooming units within a dwelling and, in the judgement of the Housing Inspector, do not constitute a hazard to health or safety elsewhere, the 10 9.31.8/9.31.; Housing Inspector may limit the application of the notice and order to the dwellh. unit in which the violations exist. 9.31.8. Application of Specific Repeal._r. If Chapter 9.30 of the Municipal code shall have been amended at any time be- tween the initial filing.of this ordinance with the City Clerk and its final pas- sage the repealer and amendnent in Section 9.31.7 shall apply to the corresrcJ1f Section of Chapter 9.30 as anended. Specifically, if the City 0ouncil shall pass the xoposed Housing Maintainance and Occupancy code, Section 9.3:.7 shall apply t Section 9.30.5) of Chapter 9.30 and all other references in this ordinance to C1 - ter 9.30 shall be altered correspondingly. 9.31.9. Rent Withholding. A. N9renever a dwelling is certified by the housing Inspector for rent withholdinei the duty of the tenants in the dwelling to pay and the right of the operator to collect rent shall be suspended without affecting any other teens or conditions c'- the 'the rental agreement, except as specified in this Section, until such time as tl%. dwelling is again certified as fit for hunan habitation or until the rental agree- ment is terminated. The operator from vidian rent is being withheld pursuant to this Section shall not be entitled to maintain an action against any tenant of said dwelling for rent or for possession of said dwelling, except as provided in subset:- tion B of this Section. The operator of said chvellirg shall not: 1. raise the rent during any period when the tenants are withholding rent pur- suant to this Section, 2. relet any dwelling unit which is or shall becam vacant unless s/he disclo- ses the name of the new tenant to the City, which shall notify the new tenant of his/her duty to withhold the rent, •, :3. unlawfully remove or exclude any tenant fLYm the premises or willfully dir„i- nish services to the tenant by interiuLting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service which the oper- ator is obligated to provide, or 4. procede against any tenant for any violation of the rental agreorent or Sec. tion 9.31.5 unless such proceeding is in good faith aril not for the purpose of re- taliating against the tenant. B. The tenants in the dwelling certified for rent withholding shall deposit the periodic rent as it become due into an interest bearing escrow account in the n;: of the City, or in the name of an authority established by the City for this pur- pose in accordance with procedures required by any applicable statute, in a ban,. or trust conpany designated by the City. The escrow account for the tenets of any one dwelling shall be a joint account but a separate accounting shall be kept of the deposits of each tenant. If the t.ernmt is delinquent in rent the City shall r., tify the operator and the operator may proceed against the tenant for the rent or for possession. The operator shall not be entitled to proceed against the tenant for rent or for possession if the tenant shall have obtained a court order to abat all or part of the rent and the tenant is not delinquent in paying into the escrav account that part of the rent due puss",nt to the court order. The City shall con- trol all dish rsenents of rent from the escrow account. C. ;ftnever a dwelling is certified for rent withholding the Housing Inspector shall give notice in writing as provided in Sections 9.31.7D2 and 9.31.7D3. D. The City shall release finds to the operator within the period specified by the Housing Inspector in Section 9. 31.9 C only upon application of the operator and upon presentation of 1. an itemized statement and receipts for the actual amount expended in purchr sing materials and performing repairs or in making periaUc payments to contractor or workers who are making repairs ordered by the Housing Inspector after inspectic 12 0 0 9.31.9/9.31.].0/9.31.11 and approval of all such repairs by the Inspector, or 2. utilib.1 bills for which the opi ntor is obligated and a showing, upon suf- ficient evidence, that the operator is una:,le to pay the bills. E. At the end of the period specified in the notice given in Section 9.31.9C the Housing Inspector shall reinspect the dwelling and if s/he finds that the condi- tions and practices sl-+.ecified in Uwe notice have been corrected s/he shall, upon application and paytmnt of fee by the operator, issue a permit for the dwelling. [alien the dwelling has been certifiedas fit for human habitation all rent remain- ing in the escrow account shall be paid to the operator, except that the City shall apply any interest from the escrv.., account to defray the actual cost of ad- ministering the rent withholding program. F. No action taken by the City under this Section shall in any way limit any other remedies available to the tenant under this ordinance or under any other ordinance, statute, or rule of law. 9.31.10. Receivership-. 1. If the Housing Inspector finds upon re -inspection, as provided in Section 9.31.9.E that the eanditions and practices specified in the notice have not been corrected or if theLe is sufficient evid:nce at any time that the operator is un- willing or unable to make the corrections, the Housing Inspector or any officer designated by the City for this purpose shall apply to the district court for an order authorizing hin✓her to execute and carry out the pr.:.;visions of said notice and to correct all violations specified in said notice. B. Upon obtaining an order fr-m the court the responsible officer shall give notice to the operator of the intention to make such repairs or tru take other car- rective action. C. Every operator of a dwelling unit who has received notice of the intention of the City to make repairs or to take other corrective action shall give entry and free access to the agent of the City for the purpose of making such repairs. Any operator who refuses, inpedes, interferes with, hinders, or obstructs entry by such agent pursuant to a court order and a notice of intention to make repairs or take other corrective action shall be subject to a civil penalty of not less than 25 nor ncre than 100 dollars for each such failure to comply with this paragraph. Each day on which access is denied shall constitute a separate violation of this provision. D. For the purposes of this Section the officer shall use all rents in the es- crow account for the dwelling and may use any City funds and funds from State or Federal grants where the rehabilitation of rental housing is specified as a permit- ted or required use. E. The operator of the dwelling and the Ovelli.ng and premises shall be liable for all costs, expenses, and disbursements paid or incurred by the City and the re- sponsible officer in any action pursuant to this Section. For the recovery of such costs, expenses, or disbursements the City may bring an action in any court of can- petent civil jurisdiction. F. No action taken by the City seder this Section shall in any way limit any other remedies available to the tenant under this ordinance or under any other ordi- nanoe, statute, or rule of law. 9.31.11. A2peals. Chapter 9.30 of the bhuricipal Code is hereby a aided Ly striking ssec ons 9.30.3B and 9.30.3C and inserting in lieu thereof the following: 9.30.3B. As of the effective date of Chapter 9.31, the Residential landlord and Ten- ant ordinance, the terms of all nnnbers of the Hoasing Appeals Board stall expire and the City Council shall make new appointnerts subject to tk✓u following provisions: 1. The Board shall be composed of seven rrenters. Three menbers shall be tenants and no more than three members shall :lave any direct or indirect financial interest in residential rental bouusing. 12 0 0 9.31.11/9.31.12/9.31.13/9.31.14 2. The first four members appointed shall serve for two years and the other three niers for one year. 3. Vacancies occurring during a tern shall be filled for the remainder of that term. 4. At the expiration of any term a new appointment shall be made for a term of two years. 5. The Board shall hear appeals in connection with any notice issued pursuant to subsections 9.30.3C, 9.30.3D, 9.30.3E, 9.30.9B, 9.30.9E, and 9.30.10E of this Chapter and Sections 9.31.7, 9.31.9, and 9.31.10 of the Residential Landlord and Tenant Ordinance. 6. The Board shall periodically review, assess, and make reoonmendations to the Council concerning policies, procedures, and regulations necessary to the ad- ministration and enforcement of this Chapter and Chapter 9.31. 9.30.3C. Any person affected by any notice which has been issued in connection with the enforcement of any provision specified in subsection 9.30.3B may request, and shall be granted,.a hearing on the matter before the Housing Appeals Board provided that such person shall file in the office of the Housing Inspector a written peti- tion requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the date the notice was send. Upon receipt of such petition, the Housing Inspector shall set a time and place for such hearing, shall give the petitioner and other affected parties written notice thereof, and shall, except in case of emergency as provided in 9.30.3F, take no further enforce- ment action pending the outcome of the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn and any other affe-Mtad party shall be given an opportunity to be heard and to show why such notice should be sustained, modified, or with- drawn. The hearing shall be eomenced not later than twenty days after the date on which the petition was filed provided that upon application of the petitioner the Housing Appeals Board may postpone the date of the hearing for a reasonable time, not to exceed thirty days, if in the Board's judgement the petitioner has suba itted a good and sufficient reason for such postponement. 9.31.12. Remedies of the Operator. If there is a substantial noncompliance by the tenant with the rental agreement or with Section 9.31.5 or with any other ordinance or statute the operator has the remedies provided by the applicable ordinance, sta- tute, or rule of law. 9.31.13. Remedies of the Operator and the Tenant for Abuse of Access. A. If the tenant refuses to allow lawful access, the operator shall be entitled to injunctive relief to compel access or may terminate the rental agreement. In ei- ther case the operator shall be entitled to damages. B. If the operator nukes an unlawful entry or a .lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the ef- fect of unreasonably harrassing the tenant, the tenant shall be entitled to injunc- tive relief to prevent the recurrence of the conduct or to terminate the rental ag- rearent. In either case the tenant shall be entitled to damages. 9.31.14. Retaliatory Conduct Prohibited. A. An operator ray not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by refusal to renew a rental agreement or by abuse of access or by any other retaliatory conduct after. 1, the tenant has complained in good faith to a govenmiental agency charged with responsibility for enforcement of a building or horsing code of a defect which is, in his/her best judgement, a violation applicable to the premises, or 2. the tenant has omplained to the operator of a breach of the .rental agree- ment or of any violation of this ordinance, or 3. the tenant has organized or became a member of a tenants' union or. similar 13 0 • 9.31.19/9.31.15 organization, or 4. the tenant has tried in any lawful runner, alone or in concert with others, to enforce any rights provided under the rental agreement, this ordinance, or any other applicable statute, ordinance, or rule of law. B. If the operator acts in violation of subsection A., the tenant is entitled to appropriate darages and injunctive relief and has a defense in any action against him/her for possession. In an action by or against the tenant, the occur - awe of any action protected by this Section within one year before the alleged act of retaliation creates a rebuttable presumption that the operator's conduct was in retaliation. "Prwmption" means that the trier of fact oust find the exis- tence of the fact presumed unless and until evidence is introduced which would sup- port a finding of its nonexistence. C. In an action by or against the tenant where the operator's action for poses- sion or refusal to renew the rental agreement or other alleged retaliatory conduct is in issue, the operator mmy overcome the presu ption in subsection B. only upon a showing that his/her conduct was for just cause and that his/her conduct would have been the same even in the absence of the tenant's protected activity. 9.31.15. Effective Date, Repealer, Savings Clause, Severability. A. This ordinance shall becam effective after its final passage, approval, and publication as required by law. It applies to rental agreements entered into or extended or reneged on and after that date. B. The following ordinances and parts of ordinances are hereby amended: chap- ter 9.30 and Chapter 10.2 of the Municipal Code, as specified in this ordinance. C. Transactions entered into before the effective date of this ordinance and not extended'or renewed on and after that date, and the rights, duties, and inter- ests flowing fran them remain valid and may be terminated, completed, consumated, or enforced as required or permitted by any ordinance amended or repealed by this ordinance as though the, repeal or amendment had not occurred. D. If any provision of this ordinance or the application thereof to any person or circ=tanoe is held invalid, the invalidity does not affect other provisions or application of this ordinance which can be given effect without the invalid pro- vision or application, and to this end the provisions of this ordinance are sever- able 14 STA=. -:_7N -T 3Y CL'idnNS ERDAHL OF TEPIANTS UNITED FOR ACTION FOR I;i_;:.DIATE RELEASE. August 16, 1977 '.,,Ie are very proud at this moment to have been part of this successful campaign to place an ordinance before the Council by use of the Initiative process under the home rule charter. Tonight I would like to thank the City Council for providing this mechanism and to applaud the City Staff for its excellent work in verifying the signatures. As a result of our experience we have a few positive suggestions which we hope will make things easier for the staff and for petitioners who use this democratic mechanism. Finally, we want to stress the importance of careful consideration of this ordinance by the council. Your consideration is important to ensure that the initiative process fulfills its purpose as a mechanism for citizen participation. The City Clerk and her staff have have worked very hard to verify the signatures. One problem is that they had a very short time in which to verify them. 'We would recommend a longer period of time for certification, For instance, at least 33 signatures of people with common names migh-� have been verifiable if there had been more time to check them. 3Ve suggest tht during the period the City Clerk is verifying signatures that the petitioners be allowed to correct certain kinds of curable mistakes. For example, 2 petitioners who had over 100 signatures were not counted because they had failed to register at their present Iowa City addresses, Another problem was that a —eat many signatures were difficult to decipher. The City Clerk did a fine job of verifying these but it was difficult work and we feel there are some valid signatures which could not be verified because they were illegi'lle. This problem could be eliminated by requiring signers to print their name and, at their option, their voter identification number. Ue also feel the minimum number of 2500 registered voters is too high. Many of the people who signed our ordinance will be registered to vote in the fall but their signatures were invalidated. The fact that we had to gather 3500 signatures in order to get 2500 shows how large the task is. I assure you we made every effort to make each signature a valid one. Je gathered valid signatures representing over30I of the voter turno:kt in the last election. Of course because of redrafting we only gathered signatures for 2 months and 2 weeks, instead of the possible 6 months, We feel that had students been in to,:m and had we worked at canvassing throughout -the city for an additional 3 months, we could have gathered -the signatures of over 5V of -tile registered voters. Never- theless, for 2 months we aorkod very hard. Over 1.00 people rror'sed -to get the renuired number of signatures and our cause was a popular one. (e feel that a smaller group of citizens with a very dusti'iable ordinance might be unable to get 2500 valid si-natures even. though -their ordinance would be passed by the Council or in a general 3 election. Wherefore, wle propose that along with changing orocedures for identification and lengthening the ueriod Lor certification, the Council should lowrer the number of cignatur=_s to 10i which is the number of signatures presen 1y reauired to place a referendum on the ballot. During the process of redrafting we sought and accepted opinions of a diverse group of citizens. l'Ie met Nit the Apartment Owners Association. ;,Is handed out copies to lawyers and laws professors. We met with the Housing Commission. We held public meetings attended by homeowners, landlords and tenants. As a result of these meetins we modified the odinance several wayst 1) No longer require 4 Tenants on the Board of Appeals. 2) The tenant cannot choose the length of the lease. 3) '*Is changed the repair and deduct section so that one cannot make one's own. repairs.; 4) 7Ie created more exceptions to the discrimination section so that itwron't affect the smaller and owner -occupied rental property. 5) *W redrafted the rent withholding and receivership sections to conform to the language in the Iowa %p; kXode. It was difficult to redraft and start over, but we did in order to get moa citizen participation which has resulted in a better ordinance. We feel that if the Council fails to pass the ordinance it wrill wiz-, overwhelmingly in the fall. Tenants represent a major:-- of potential voters in Iowa City. In addition, dormitor;;` =_s1QenS generally favor -this ordinance and they nuzber some 05000 not counting married student housing, fraternities, and sororities. A massive campai- to register tenants and students who previously felt their vote didn't count has begun. However, this ordinance was not wiitten for tenants and students but for the entire community. It will benefit homeowners by helping to preserve neighborhoods and stabilize the tax base. Therefore, through an educational ---not a propoganda or public relations ---but an educational campaign vie hope that a majority of homeoners will vote for this odinance. However, we hope this ordinance will not reach the ballot. We expect that the City Council will not ignore this demonstration of public sentiment before them. Over the past 4 years there has been a great deal of discussion about citizen participation. 'i have been involved in attempts to increase citizen participation in -the solution of the :alston Creek Flooding Problem, Urban Renewal, the allocation of HCDA funds, and in the Neighborhood Rehab program. One of the great di_'ficulties is that after working hard to influence the decision-making process, citizenc often feel -their sur-.-ostlons, oignatures, and votes have been ignored becauc• they do nut rcceive adequate explanations for decisions th_'Itare made. ':!e hooe that each Council idember ,will explain fully his or her decision about this important initiative legislation. To simply say it is unconstitutional or doesn't meet the home rule provisions is silly. The parts of -the ordinance are severaole and some of it is very similar to existing City Ordinance. The technicalities of home rule are for the courts to decide, but one cannot analyze an ordinance with respect to home rule without understanding how it seeks to accomplish its intent which in th¢s case is the same basic intent as the existing Housing Code. Nor does smmply saying one is in favor of discrimination explain one's housing policy. The 3500 people who signed this ordinance deserve your respect. We hope you will read the ordinance and explain why you favor it or why and in what respect you are against it. Again we wish to thank the City Staff and the Council for their support of this type of process. We feel that a great victory for participatory democracy has been won. We nope you will continue this democratic endeavor by informing yourself and your constituents. LE AUG 161977 D Ji31E STOLFUS CITY CLERK STATEMENT OF DONN STANLEY AND MARK DEATHERAGE OF TENANTS UNITED POR ACTION FOR TMMEDIATE RELEASE. August 16, 1977 We're very pleased to see the great amount of grass-roots support that has been demonstrated for the Tenant/Landlord Ordinance so far in our effort to make it part of the Iowa City Code. We hope that the City Council recognizes that this support shows that the citizens of this town are very concerned about the housing conditions that exist here, and that they feel that the proposed Ordinance is an important step in the solution to our housing problems. One of our major concerns is the way that the opponents of this Ordinance misconstrue the purposes, mechanisms and potential effects of its implementation. It's unfortunate that when trying to find problems with the Ordinance, they pick at minor sub -parts of it rather than looking at the Ordinance in it's entirity. Obviously not everyone will be completely satisfied with every single provision of this lengthy piece of legislation. However, that should not be necessary to justify passing this Ordinance. We are confident that anyone who reads the Tenant/Landlord Ordincance in full will be convinced that it is a worthwhile and necessary improvement in this city's housing policy. We are also confident that the City Staff, in making it's report to the City Council on the Ordinance, will do a complete, thorough job, reporting objectively on the overall impact of the entire Ordinance. AUG 1 61971 DD ABB E Sc E RK I ' STATEMENT BY IRA BOLNICK AUGUST 16, 1977 FOR DMEDIATE RELEASE The sponsors of the proposed Tenant Landlord Ordinance will be canvassing in homeowner neighborhoods throughout the City from now until the election, November 8. We want to explain how the proposed ordinance will benefit homeowners as well as tenants and get homeowner support for the ordinance and for other progressive measures to improve the quality of housing and help preserve neighborhoods, The City is presently trying to enforce the housing code more vigorously. This as a federal requirement for urban renewal and community development money the City received. The City's enforcement program is ineffective against the speculating landlord because (1) delays are routinely granted ---compliance can take a year or longer, and (2) the only strong remedy the City has, vacating the building, hurts tenants as much as landlords and has been used only twice in the last year and a half. The Landlord/Tenant Ordinance will make code enforce- ment more effective because it provides (1) tenant initiated remedies which do not depend on City action at all, (2) the City is given intermediate remedies (rent - withholding, receivership) short of condemnation, and (3) these remedies are severe enough to induce landlords to do routine maintenance so as to prevent code violations. The Landlord/Tenant Ordinance is essential to an effective code enforcement program. Vigorous code enforcement and an adequately funded housing rehabilitation program are essential to preserving older neighborhoods. Neither program can effectively improve housing conditions without the other. The proposed ordinance will lbelp prevent older housing from being torn down, which will benefit homeowners in several ways: 1. Rehabilitating houses will help protect the values of all homes in the neighborhood. 2. In neighborhoods where houses are allowed to deteriorate a landlord can buy a house with the intention of allowing it to continue to deteriorate until he is ready to tear the house down and replace it with higher density apartments. This kind of speculation increases the assessed value and property taxes on each home in the neighborhood while making it less attractive as a single-family residence to potential buyers. Saving older houses will discourage speculation and slow down the yearly rate of increase in property taxes. AUG 16 1977 AQU►F STOLFUs CITY CLERK 3 Y. 3. When a new apartment building goes up the population density of the neighborhood increases. Increased population means greater demand for parking spaces and a greater burden on all City services --streets, sewere, flood control, garbage collection, snow removal --in neighborhoods where some of these services are already overburdened. 4. The replacement of houses by smaller apartments reduces the number of dwellings suitable for one of the groups hardest hit by Iowa City's housing shortage --- families with school children. The steady decline of the school-age population in the older part of the City will sooner or later result in the closing of Sabin, Central and Horace Mann schools. Meanwhile, there is a growing demand for new schools in the suburbs. Ernest Horn is already over- crowded and an addition will be started this year. School taxes, the largest single tax bill item, will go up to pay for this costly new construction. To some extent this is the unavoidable result of population growth and new residential development. The process can, however, be slowed down by a vigorous program of neigh- borhood preservation and code enforcement. 5. The final benefit for all Iowa City residents will be the preservation of the more aesthetic architecture and the small town atmosphere of the older neighborhoods--- the original City of Iowa City, i