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Home My WebLink About1997-12-09 OrdinancePrepared by: Scott G. Kugler, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 5243 ORDINANCE NO. 97-3812 AN ORDINANCE AMENDING THE APPROVED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 53 OF WALDEN HILLS, LOCATED IN THE OSA-8, SENSITIVE AREAS OVERLAY ZONE, AT THE NORTHWEST CORNER OF ROHRET ROAD AND SHANNON DRIVE, TO ALLOW A 120- UNIT HOUSING FACILITY. WHEREAS, the applicant, Iowa City IHA Senior Housing Limited Partnership, has requested that the City approve a revised preliminary Sensitive Areas Development Plan for Lot 53 of Walden Hills, an 8.66 acre property located within the OSA-8, Sensitive Areas Overlay zone at the northwest comer of Rohret Road and Shannon Drive to allow a 120-unit housing facility; and WHEREAS, the development of a housing facil- ity on Lot 53 was contemplated when the Walden Hills preliminary Sensitive Areas Development Plan was approved by the City on March 4, 1997; and WHEREAS, the property is subject to a condi- tional zoning agreement limiting the number of dwelling units on Lot 53 to 120; and WHEREAS, the revised Sensitive Areas Devel- opment Plan for Lot 53, associated with this ordi- nance, complies with all provisions of the March 4, 1997, Conditional Zoning Agreement, meets the requirements for a preliminary Sensitive Areas Development Plan, and illustrates a development that will be compatible with the surrounding resi- dential neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. A revised preliminary Sensitive Areas Development Plan is hereby ap- proved for b~e property described below, located within the OSA-8, Sensitive Areas Overlay zone. Lot 53, Walden Hills Subdivision, Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to con- form to this amendment upon the final passage, approval and publication of this ordinance as pro- vided by law. Ordinance No. 97-3812 Page 2 SFCTION III. CFRTIFICATION AND RFCORDING. The City Clerk is hereby author- ized and directed to certify a copy of this ordi- nance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, ap- proval and publication of this Ordinance, as pro- vided by law. SF:CTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SFCTION V. SFVFRABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordi- nance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SFCTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, ap- proval and publication, as provided by law. Passed and approved this 91:h day of December- ,19 97 pleiad rain ~"d~ot53 .doc Ordinance No. 97-3812 Page 3 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thomberry X Vanderhoef Lehman that the First Consideration 11 / ! 8 / 9 7 Vote for passage: AYES: Thornberry, Vanderhoef, Kubby, Norton, Novick. NAYS: None. ABSENT: Baker. Lehman, Second Consideration Vote for passage: Date published 12/17/97 Moved by Norton, seconded by, Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordin- ance be voted upon for final passage at this time. AYES: Novick,Thornbe~- Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Prepared 5243 G. Kugler, Associate Planner, 410 E. Washington Street, Iowa IA 52240; 319-356- ORDINANCENO. AN ORDINANCE AMENDING THE SENSITIVE AREAS PLAN FOR 53 OF ,EN HILLS, LOCATED THE OSA-8, AREAS AT THE -'ST CORNER ROHRET ROAD AND DRIVE, ALLOW A 120- UNIT WHEREAS, Housing Limited the City approve a Areas Develc Hills, an 8.66 OSA-8, Sens Iowa City IHA Senior has requested that preliminary Sensitive ~n for Lot 53 of Walden ;rty located within the Areas zone at the ity on Hills Plan an~ northwest of Drive to all( a 120-unit the development was contemplated Sensitive Areas approved by the City on and Shannon and housing facil- the Walden )merit 1997; the property is subject to a )ndi- zoning agreement limiting the numl of units on Lot 53 to 120; and WHEREAS, the revised Sensitive Areas opment Plan for Lot 53, associated with this ordi- nance, complies with all provisions of the March 4, 1997, Conditional Zoning Agreement, meets the requirements for a preliminary Sensitive Areas Development Plan, and illustrates a development that will be compatible with the surrounding resi- dential neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. A revised preliminary Sensitive Areas Development Plan is hereby ap- proved for the property described below, located within the OSA-8, Sensitive Areas Overlay zone. Lot 53, Walden Hills Subdivision, Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to con- form to this amendment upon the final passage, Ordinance No. Page 2 approval and publication of this ordinance as pro- vided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby author- ized and directed to certify a copy of this ordi- nance and the conditional zoning agreement. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- led to be invalid or unconstitutional, such ad- ication shall not affect the validity of the Ordi- as a whole or any section, provision or part not adjudged invalid or unconstitutional. VI. EFFECTIVE DATE. This nance be in effect after its final passag proval as provided by law. Passed approved this day of ,19 MAYOR ATTEST: CI ppdadmin\ord\lot53.doc DEC 02 1997 CITY ~J~HA~GER'S OF]:ICE IOWA CITY IHA SENIOR HOUSING LIMITED PARTNERSHIP 319 EAST WASHINGTON STREET, SUITE 111 P.O. BOX 1226 IOWA CITY, IOWA 52244 319-338-7600 FAX 319-337-2430 December 1, 1997 City Council City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 RE: REZ97-001 6 Iowa City IHA Senior Housing Limited Partnership Sensitive Areas Development Plan for Walden Hills Dear Council Members: We respectfully request your consideration of collapsing the third reading with the second reading of your consideration of the above referenced item that is scheduled on your agenda for December 9, 1997. The Iowa Finance Authority would like to know the results of your consideration as soon as possible. Thank you in advance for your consideration of our request. Sincerely Yours, IOWA CITY IHA SENIOR HOUSING LIMITED PARTNERSHIP Robert P. Burns General Partner RPB/slk Prepared by: John Yapp. Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 97-3813 AN ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 0.87 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF WESTSIDE DRIVE, SOUTH OF EARL ROAD, FROM RM-12, LOW-DENSrrY, MULTI-FAMILY RESIDENTIAL, AND C1-1, INTENSIVE COMMERCIAL, TO CO- 1, OFFICE COMMERCIAL. WHEREAS, the owner, Smith-Moreland Properties, has requested that the City fezone approximately 0.87 acres of property located on the east side of Westside Drive, south of Ead Road, from RM-12 Low-Density, Multi-Family Residential (0.48 acres) and C1-1, Intensive Commercial (0.39 acres) to CO-1 Office Commercial; and WHEREAS, the proposed rezoning will allow the development of an office commercial building on this property;, and WHEREAS, Iowa Code 414.5 (1997) provides that the City of Iowa City may impose reasonable conditions or~ granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the owner acknowledges that cer- tain conditions and restrictions are reasonable to ensure that any development on the subject property is compatible with the adjacent residential neighborhood; and WHEREAS, the owner has agreed to use this property in accordance with the terms and condi- tions of a conditional zoning agreement to address the above-referenced issue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and cond'rbons of the conditional zoning agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classification of RM-12, Low-Density, Multi-Family Residential, and C1-1, Intensive Commercial, to CO-1, Office Commercial: Beginning at the Northwest Comer of Lot 2, of the Resub<:livision of Lot 3, West Side Park, Ordinance No. Page 2 97-3813 Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 37, at page 309 of the records of the Johnson County Recorder's Office; Thence N89°35'04"E, along the North Line of said Lot 2, a distance of 300.01 feet, to the Northeast Comer thereof;, Thence S00°05'29"W, along the East Line of said Lot 2 and the East Line of Lot 2, West Side Park, Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 24, at page 45, of the records of the Johnson County Recorder's Office, 127.00 feet; Thence S89°35'04"W, 302.58 feet, to a point on the West Line of said Lot 2, West Side Park and the Easterly Right of Way Line of West Side Drive; Thence Northeasterly 60.73 feet along said Lines and a 716.20 foot radius curve, concave Northeasterly whose 60.71 foot chord bears N02°31'14"E; Thence N00°05'29'E, along the West Line of Lot 2, of the Resubdivision of Lot 3, West Side Park and the Eastedy Right of Way Line of West Side Drive, 65.37 feet, to the Point of Beginning. Said Tract of land contains 38,153 Square Feet, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to con- form to this amendment upon the final passage, approval and publication of this ordinance as pro- vided by law. SECTION Ill. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owr~ers and the City, following passage and approvaJ of this ordinance. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby author- ized and directed to certify a copy of this ordi- nance and the conditional zoning agreement for recordation in the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Vl. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION Wl. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. 97-3813 Pa~:l and approved this gth day of Oecemh,~r' ,19 97 · Ordinance No. 97-3813 Page 4 It was moved by Thn~nhprry and seconded by O~inanceasread be adopted, andupon mllcalltherewere: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Vandmrhn~f that the Fimt Consideration 11/1P~q7 Votefor passage: AYES: Vanderhoef, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: Baker. Second Consideration Vote for passage: Date published 12/17/97 Moved by Thronberry, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: None. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal cor- poration (hereinafter "CITY"), and Smith-Moreland Properties (hereinafter "OWNER"). WHEREAS, Owner has requested the City to rezone approximately 0.87 acres of property located on the east side of Westside Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential (0.48 acres) and C1-1, Intensive Commercial (0.39 acres) to C0-1, Office Commercial; and WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting owner's rezoning request, over and above exist- ing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the subject property is adjacent to and across the street from residential developmental, and the City wishes to ensure that the proposed commercial office zoning is compatible with said residential development; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable in order to ensure appropriate urban development in this residential area; and WHEREAS, Owner agrees to develop this property in accordance with certain terms and conditions to ensure appropriate development in this area of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: Smith-Moreland properties is the legal title holder of property located on the east side of Westside Drive and south of Earl Road, which property is more particularly described as follows: Beginning at the Northwest Corner of Lot 2, of the Resubdivision of Lot 3, West Side Park, Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 37, at page 309 of the records of the Johnson County Recorder's Office; Thence N89°35'O4"E, along the North Line of said Lot 2, a distance of 300.O1 feet, to the Northeast Corner thereof; Thence S00°05'29"W, along the East Line of said Lot 2 and the East Line of Lot 2, West Side Park, Iowa City, Iowa in accordance with the plat thereof recorded in Plat Book 24, at page 45, of the records of the Johnson County Recorder's Office, 127.00 feet; Thence S89°35'04"W, 302.58 feet, to a point on the West Line of said Lot 2, West Side Park and the Easterly Right of Way Line of West Side Drive; Thence Northeasterly 60.73 feet along said Lines and a 716.20 foot radius curve, concave Northeasterly whose 60.71 foot chord bears NO2°31'14"E; Thence NOO°OS'29"E, along the West Line of Lot 2, of the Resubdivision of Lot 3, West Side Park and the Easterly Right of Way Line of West Side Drive, 65.37 feet, to the Point of Beginning. Said Tract of land contains 38,153 Square Feet, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure that development of the sub- ject property is compatible with adjacent properties which are zoned RM-12. There- o 2 fore, Owner agrees to certain conditions over and above City regulations in order to ensure that development of the subject property is compatible with the adjacent residential neighborhood. In consideration of the City's rezoning the subject property from RM-12 and C1-1 to CO-1, owner agrees that development and use of the subject property will conform to all requirements of the CO-1 Zone as well as the following additional conditions: All exterior walls of a building on the property shall be masonry, which may include fired brick, stone or similar material. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted with approval from the Director of Planning and Community Development. Loading docks and receiving areas, garbage dumpsters and mechanical equipment shall not be located to the west or north of any building proposed on this property, and shall be screened from view of any surrounding prop- erty with landscaping or a combination of landscaping and fencing. c. No parking shall be located to the north of a building located on this property. All outdoor lighting shall be downcast, and there shall be no direct illumina- tion of any property in a residential zone. Indirect illumination shall not exceed 1 ¥2 foot candles at lot lines in any residential zone. One monument sign shall be permitted in the front yard. No other signs shall be permitted visible from a residential property. All signs normally permitted in the CO-1 zone shall be permitted on the southern and eastern faces of the building. fo No more than one row of parking shall be permitted on the west side of the building. There shall be a 25 foot setback from Westside Drive, which shall contain a landscaped berm, shielding any parking area on the west side of the building, similar to the concept plan submitted to the Department of Planning and Community Development on September 5, 1997. No parking or paving other than sidewalks shall be allowed within this 25 foot setback. The Owner acknowledges that the conditions contained herein are reasonable con- ditions to impose on the land under Iowa Code Section 414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Further , the parties agree and acknowledge that not private 3 agreements to the contrary shall relieve the property of the above covenants and obligations, and that any amendment or release of the above conditions and obligations shall necessarily require the participation of the City. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property; and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office. Dated this ? day of L)~c,,,l~¢c , 1997. SMITH-MORELAND PROPERTIES BY'I" ' J h~n Moreland CITY OF IOWA CITY By: Attest: ~laomi~. No~,ick, Mayor Ma~rl~n K. Karr, ;~' ~//,~,t~ City Clerk Approved b V STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of - .~,,-.~r~.~-~,~ , 1977 , before me, the. undersigned, a Notary Public in and for said County, in said State, personally appeared ~/~ v~ r~o r~l~g_ , to me known to be the identical personJA) named in and who executed the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and deed. State of Iowa 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before 'me, the undersigned, a Notary Public in and for said County, in said State, personally appeared , to me known to be the identical personL,s.) named in and who executed the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Rcsolution) No. ~'7-3g/~ passed by the City Council, on the 7~----~ day of ,.[')~ce,-.,~,.- , 19 ~'7 , and that Naomi J. Novick and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ppdad min~agt~.~mthrnore.doc Notary Public in and for the State of Iowa December 2, 1997 Smith-Moreland 1476 1slAve. #2 Iowa Cily, Iowa 522,10 City Council of Iowa City Iowa City, Iowa Dear Council Members: We would like for the City Council to give second and third consideration at the December 9th meeting so that we can expedite the site plan approval process and begin construction. Sincerely yours, Smith-Moreland Construction oreland Jr. Prepared by: Heather Shank, Human Rights Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3814 AN ORDINANCE AMENDING TITLE 2, OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO ALLOW FOR ADMINISTRATIVE CLOSURES OF HUMAN RIGHTS COMPLAINTS THAT DO NOT WARRANT FURTHER INVESTIGATION. WHEREAS, Title 2 of the City Code, the Human Rights Ordinance, does not include a procedure for the administrative closure of a complaint when further investigation is unwarranted; and WHEREAS, Title 2 of the City Code, the Human Rights Ordinance, refers to administrative closure in Section 2-4-9(B); and WHEREAS, the Iowa City Human Rights Commission believes both complainants and respondents will benefit from the administrative closure of complaints that do not warrant further investigation by having a decision as to the status of the complaint in a more timely fashion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 4 of Title 2 of the City Code is hereby amended by: a. Adding the following to Section 2-4-2(C) as a second separate and distinct unlettered paragraph: The Commission may draft and mail to the parties a written questionnaire/document request to which respondent and complainant are required to respond. Answers and documents are to be received by the Human Rights Coordinator's office within 30 days of the receipt of the questionnaire/document request unless an extension has been granted by the Coordinator or Investigator. Ordinance No. 97-3814 Page 2 b. Deleting subparagraph "D" of Section 2-4- 2 and substituting the following in lieu thereof: D. After reviewing materials responsive to the questionnaire/document request, the Human Rights Coordinator shall determine whether the complaint warrants further investigation. If the Coordinator finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the Coordinator, or an authorized member of the Commission's staff, shall promptly investigate the complaint. A complaint determined by the Coordinator not to warrant further processing by the Coordinator's office shall be reviewed by the City Attorney and a Human Rights Commission team. If the Commission team determines that the complaint does not warrant further investigation, it shall be administratively closed. Notice of such closure shall be promptly served upon the complainant. Such notice shall state the reasons for administrative closure. c. Relettering subparagraphs "E", "F", and "G" of Section 2-4-2 as "F", "G", and "H". d. Adding a new subsection "E" to Section 2-4-2 to read as follows: E. A complainant may object to the administrative closure and request review within ten (10) days of receipt of written notice. If a complainant makes a timely written request for review of the administrative closure, the Human Rights Coordinator, City Attorney, and the Human Rights Commission team shall promptly review the complainant's request and all relevant material. If, after review, the Human Rights Commission team determines that the complaint does not Ordinance No. 97-3814 Page 3 warrant further processing, the Commission shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the Commission team determines that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the complaint shall be investigated. Deleting the words "conciliation team" from subparagraph "A", "B", and "C" of Section 2-4-3 and substituting in lieu thereof, "human rights commission team." SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 9th day of December , 19 97 · ATTEST: ~.¢/~. CITY CL~*RK City Attorney's Office civright\ord\closure.doc Ordinance No. Page 4 97-3814 It was moved by Thornberry and seconded by O~inanceas mad be adopted, andupon mllcallthere were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Lehman that the Fimt Consideration 11/18/97 Votefor passage: AYES:Kubby, Lehman,Norton, Novick,Thornberry, Vanderhoef. AYES: None. ABSENT: Baker. Second Consideration Vote for passage: Date published 12/17/97 Moved by Thornberry, seconded by Lehman, that the ru]e requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: Kubby. ABSENT: None. Nov 20, 1997 Members of the Iowa city city Council Civic Center Iowa City, Iowa RE.' PROPOSED LATE FEE ON IOWA CITY SEWER AND WATER BILLS Members of the Council: Very seldon do I agree with Karen Kubby on any issue, but I must state that she is correct on the proposed water and sewer billing late fee..,it is outrageous, This proposed Iowa City late fee of 5% is exorbitant!Ill. Television.~TCI...does not have a late fee. Due to litigation..TCI now has a $5.00 administrative fee Mid American Energy has a late fee of 1.43 % per month U.S. West telephone has a late fee of 1.47% per month The proposed Iowa city late fee of 5% will subject the City of Iowa City to legal costs that will far exceed the revenue produced. Your attention is called to the Wall St. JOurnal article enclosed. ONE OTHER THING: When a tenant does not pay his/her water bill does this late fee accumulate until the water billing staff decides to push the cost on to the building owner..,and.,if the building owner does not pay...does the late fee continue to accumulate? It is my opinion that the water company is so automated 'that no one on the water staff will get out of their swivel chairs and actively try to collect delinquent accounts. They just watch the computer put of the past due notices until it is time to transfer the billing to the building owner. I ask that the City Council reject the late feel If the votes to reject the fee as written are not possible, I suggest the council reduce the fee to 1.5%,...and I suggest that the entire revenue produced be used to hire an out of town firm to collect delinquent accounts. {BRUCE R~ GLASGOW 834 No Johnson St. Iowa City, Iowa 52245 · ,~'.' ~ ~ .. ~ . ~ ~ .. ~ q~ . . . . ~ ' ,~'t~ '.'[~g g, ~'o3'*~e ~ ~z"~'"~ "~ /5.~'~.~%~ . . ethnicfly of her dientele. An ':~ d'., ~-: ' *" ";":,~i~.: ~" '~,~' ",~g' '~~ ' queens. dub has ~t~s I, Sp,nish and ~ :~ ':~ ' :i.".,e~~ 1,~ ' :.: .7.::'~:~;~'.~..~ ebrMe, the Mexican"holiday, Cinco de', .~r .r~4~ ' :' ' ';~"~ ' ' --' ':- ' &A':-.':~ Mayo A club l, an i~pp6f West'Side' Man: · ~r.' .....~.~.s.~'~=~,' 'fL .. '- '' .... ~..~m~;~'"':~ ' hatta~-neighhotbed with'a sizable His:. ~'.;..'~;~:.,:3 ~;' ~;~3' ' "~,,~tl~ ~nI,otte panic popu acton offers salsa aerobics ..... ~'~:' ~.~.~';-~ ......... ~ ................ Instead of offering personal [ruiners to de- ' · ~d ~$~'$'i~$'~{' '~)":W'~'i :: ...... ~i[{t, and coach members'through a,persona!ized-- t ~?; : ~):~'~fifi~l Jiis[,{}[i[~l ~M ~wlYeliti~' II~,r hip~ ,x1 ;I nlq,rhhlP IliaUs l?,,!.,,!le h'ts just began fi computerized "vi~fil ~ ';~ l iflc~:k~iqqm~i~¢~l~; ~'hit[Id ~xt:{~s [lab :n (:m,I Ih;; ~ alsl... h alm,r" pro,am at no a~dttional cosL' M~mb&r~?nle? , .. ~,fi~iiiiiE;tT' S~tqli Rit~,. a 3~-~ ,at old I:~,:: ~:m,'¢, H' In ~ sv. pcrvic,.rIh¢,~~ '.:',,i~;ht and fitness Informatlofi Into a computer, and':' ~ }~'~; (~??.(~;~'~M a ilkM[~blU~{ank I~otafd'and chunky hoop ea~lngs was .... : '~ ~l~:~h~fitiM~tfi~ end Of he~ ~tdday workout. "It's exactly What :weatMg:~yofl n~ed¢. she ~ald. The equipment lsn t that good, but ~dlbse.' ~;~the cla{ses are ~ed{. Ms, Rose and, ~er friend Jaslnth It responds with a. sugRested exercise regimen.. Representatives of other health clubs scoff, that such service can't possiblybe as effective as a personal Coach. "A personal trainer is able to help members safely use J~ld Wall ~'~ Scfirle[t Joined On a special offer: s238 for two years. Piece TR~ to Pa~e B2, Colum~ .~' ~,:,-' ,,;~ ,'.. ': ';'? ....' R Attorney Fin& · [ :S;Gets. a esume . ': .....' .....' '"' ..........'-'A Way to Ba't l ~,...~., .~ .~ . ..~: '~;', . . ~ ~L . .'... ~.~"' ' ~;. , ' '~ employ. ~-us. Worke~ : ff and edlt~ '~ ~ iz~t~ ' uaY of Work ....:Stud~t.~d~ ' ~', ~ong well ~,~ .or P~nf. ~~' '- $P~ 1907 e~e,i ~'~.e,. V<c~. ~ , ~ [-,., ,-*r~ e ~-,-on and ~CO~ale~ ,_ "u ~'O~p~e ~ ''~ COpy =~ . i ~ * mall machine n~/'~ned '~'. ' ' -- fed s 95 u~ff ~Vo~ect ..~ ~$. O~ti mall, -, a 6.~n~ ~o, an~ e~ed a ~ ~ ~hi~- .' ~._ t - c;enees '"~ ' ~ ~e'~e ae~ - ~,m ye~. while Late , '. "" ~ F, fiEN $ttaP';' One lawyer's novel assault on late fees is creating a stir among consumer~ and the companies that bill them. Past-due charges show up on a wide range of monthly bills. Now Philip Fried- man, an attorney in Washington; D.C., has won two state-court Judgments totaling $11.6 million against affiliates of giant Ti;le-Communlcatlons Inc. for chargtng excessive late fees on montMy cable-TV bills. With those twin victories under his belt. Mr. Friedman says he may go gunning for large apartment-rental companies, blg re- tailers that Issue credit cards - even the boltled-waler delivery man. Last month,' he filed suit In Superior Court In Washing-. ton, D.C., challenging the late fees of a. large storage-locker company. : !~ehlnd his campaign is a novel twist on basle contracts law~ Falling to pay a bill on ~:"~'~'- .......' ,j time constitutes a breach of contract, Mr.': '"_..:;.: ........: __--~-_.__ ..... j .. Friedman contendsL .And :~here's ,.th6. ~- ' ' ' ' .... ' T--'"~':'-':"~ - - '. / · clincher: Contract law has ~ng held that .' ~ ......... ' y _~ .~ ,~, ~~ ~,--~ ( .... the damages asse~ed for fang'to live up~ -,~ ~:.. --.', . - .... , ........ - .., .~.., .:~.. the actual ha~ caused by, ia-~todo~so.~ . ~_ several job leads, but she conhnues to look for ~ ork. ' .... BUt TC[ charges a ~ a month.Mte fee even ~Yana Parke~ re- Based only on what she read about Mrs,.Ables in.the af- .. 'J.~ thoOgh I[ only suffer:38 ce'n~,.woHh of{ ~{d Ma~eHle. Ucle Ms. Parkerrewrote her res~e....Lm not/~ktng.. harm, he ar~. ,. F- ...... ~ ~ :} .... . t., ~, - , . ' , , ' "~" · '"::' "" ' ' --'" · *''-~-~ ....~- .... ;';,i~ '~: '~;~"~"~';':'"'~" ' ~e W~lStreel .~. . n~Ot transfoxing l{ofisetvlfd~ into.~6st~M~na~-; ...... ;-t~The law v~rml~'yout~.~rg~ :~i~; · ' .~ ~ ment' bUt simply reco~l~ng and marketing her obvfoug~ ; ' - ...... - - -: ', * -. '. : .' ~ ; ......... , , . , * only In relatio~hin ..~ the*d~e~ ..~ng the many :' strengths an~ pnssmnsr:'"Sa~s Ms. Parker lhe author o[ .......... ,, ~ ....,~,- c~,, ~7~.f~ *** ~ dr skills ~g ~he represents a lot o[ women : . -'- ':-"/:::::'"" ' · - live - and viable: In contract ca~'~s; ~urb, .. D.~h~s received · - ..... '~MichaelMoss have frequently "st~ck down damage~'lLY,' ' ' ~.. ' ... ...... ' ........... : Plods~ Tllm tO Page B9, COlUmn t" 7~ :,- ................. ,, Prepared by: R. J. Winkelhake, 410 E. Washington St., Iowa City, IA 52240; 319-356-5270 ORDINANCE NO. 97-3815 AN ORDINANCE AMENDING TITLE 8, ENTI- TLED "POLICE REGULATIONS"; CHAPTER 7, ENTITLED "WEAPONS", TO PROHIBIT THE USE OF BOWS, ARROWS AND CROSSBOWS WITHIN CITY LIMITS. WHEREAS, there are no City regulations addressing the use or discharge of arrows or other dangerous missiles from bows or crossbows within City limits; and WHEREAS, it is in the public interest for health and safety reasons to regulate the discharge of arrows or other dangerous missiles from bows and crossbows within City limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons", is hereby amended by adding a new Section 4, entitled "Bows, Arrows and Crossbows" to read as follows: It shall be unlawful for any person to discharge or cause to be discharged any bow or crossbow which propels an arrow or other dangerou,s missile capable of inflicting serious bodily injury or death at any time or under any circumstances within the City limits. However, this ordinance shall not apply to any person discharging an arrow from a bow or crossbow at an inanimate target on public or private property provided the person has the permission of the property owner and the person exercises due care and caution to avoid striking people or animals SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision Ordinance No. Page 2 97-3815 or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 9th day of December ,19 9;7 · MAYOR ( (./. CITY CLERK Approved.,.by . City AttV~'~or'~ey's Office Ordinance No. 97-3815 Page 3 It was moved by I~_hman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Vanderhoef that the First Consideration 11/11/97 Vote for passage: AYES: Vanderhoef, Kubby, Lehman, Thornberry. NAYS: Baker. ABSENT: None. Norton, Novick, Second Consideration 11/18/97 Vote for passage:AYES: Norton, Thornberry, Lehman, Novick. NAYS: None. ABSENT: Baker. Date published 12 / 17 / 97 Va nderhoe f, Ku bby,