HomeMy WebLinkAbout1977-01-18 Bd Comm. MinutesMINIITHS
IOWA CI'T'Y BOARD 01: ADJUSTMIiN'I'
NORMBER 11, 1976 -- 3:30 P.M.
CIVIC CrNTER COUNCIL CI IAMBI:RS
MEMBERS PRESENT: Dickens, Fowles, Malcolm
MEMBERS ABSENT: McBride, Goedken
STAFF PRESENT: Schmeiser, Kushni r, Child
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Acting as Chairman, Malcolm called the meeting to order and asked if there
were any corrections or additions to the minutes of the meeting held on
September 29, 1976. A motion was made by Dickens, seconded by Fowles, to
approve the minutes as written. The motion carried unanimously.
V-7607. Application submitted by Gene Kroeger and E. L. Galer for a
parking variance in Section 8.10.25 of the Zoning Code; date filed: 7/20/76;
deferred: 9/29/76.
Mr. Gene Kroeger explained that a variance in the Zoning Code was requested
to reduce the required number of parking spaces for property located at
805 First Avenue from one space per 100 square feet of floor area to one
space per 175 square feet of floor area. The number of parking spaces
required by the Zoning Code are more than needed, Mr. Kroeger said.
'Pony Kushnir, Assistant City Attorney, stated that a variance should be
based on a unique hardship. Board member Fowles noted that the hardship
would not seem to be an individual hardship but, rather, prevalent throughout
the zone. Chairman Malcolm stated that the spirit of the ordinance would
be met if the zoning ordinance were to be amended in the future to establish
minimum parking requirements by use rather than according to zone.
Don Schmeiser, Senior Planner, noted that the Towncrest area was zoned C1
at one time but was later rezoned C2 because of the parking requirement.
Board member Dickens asked whether there were any other alternatives to
remedy the parking problem, Mr. Schmeiser stated that (1) a revision could
be made to the Zoning Code, or (2) the property could be rezoned.
After further discussion, a motion was made by Dickens, seconded by Fowles,
to grant a variance in Section 8.10.25A.16(a) of the Zoning Code to reduce
the required number of parking spaces for property located at 805 First Avenue
from one space per 100 square feet of floor area to one space per 175 square
feet of floor area, contingent upon the establishment of a retail use other
than a drive-in facility or a supermarket or grocery store.
A vote was taken: Dickens -yes; Fowles -yes; Malcolm -yes; Goedken-absent,
McBride -absent. The variance was granted.
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A motion was made by Dickens, seconded by Fowles, to recommend to the
Planning and Zoning Commission their urgent consideration of revising
parking regulations in the CII Zone.
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A vote was taken: Dickens -yes; Fowles—yes; Malcolm -yes; Goodken-ab sent,
McBride -absent. The motion carried.
V-7609. Application submitted by James B. Boorman requesting an interpretation
of Section 8.10.3A.48 of the City Code regarding a lot fronting on a public
street or an officially approved place. Date filed: September 2, 1976.
Mr. Mike Megan, attorney representing Mr. Boorman, stated that usage of the
subject property is totally restricted because its size prevents any use
other than home development. Use for that purpose is prohibited, he said,
because the land does not abut an officially approved public place. Literal
enforcement of the provisions of the zoning chapter of the City Code would
result in undue hardship to the owners of the undeveloped property in that
they, would be unable to enjoy the use of their property in an effective
fashion. Mr. Megan noted that Mr. Boorman has paid taxes on the property
since 1960.
Mr. Schmeiser stated that the City should not assume liability for any
b lockagetofire, ambulance, garbage equipment, etc. if the property is a
private drive.
.James F. Goldman, 1150 Downey Drive, expressed concern that this property
would be fully protected against excessive water runoff, noise, dust, etc.
Board members questioned whether it would be possible to subdivide the
property into more than one lot. Mr. Schmeiser explained that it would be
possible to subdivide the property into two lots but that each lot would have
to have 50' of width and 35' of frontage on a public street or an officially
approved place.
Rather than granting a 35 -foot access easement, Mr. Megan urged the Board to
favorably consider granting the entire length of the non-public street
abutting the property and extending to De Forest Avenue as an officially
approved place. Mr. Schmeiser explained that such action could possibly
result in the property being sold and subdivided into two lots without
submission of a subdivision plat. Mr. Kushnir stated that if development
of the lot is allowed, the designation of an officially approved place may
guarantee providing minimum City services. Mr. Megan expressed objection
to granting only 35' of the property as an officially approved place and
stated that this would deny the applicant opportunity to explore options
of development. Mr. Schmeiser stated that the option of single family
development remained.
Mr. Kushnir requested time to further research the question of liability
for private drives and officially approved places. Mr. Megan offered a
compromise situation and asked that consideration be given to granting
an officially approved place for an additional 35' on a possible second lot.
This would allow the Boormans an opportunity in the future to apply for :)
building permit, he said.
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Mr. Schmeiser suggested that the Board defer action until the City Staff
could have an opportunity to explore the question of IiahiIity and whether
an applicant should be allowed to subdivide property after it has been
granted an officially approved place.
After further discussion, a motion was made by Fowles, seconded by Dickens,
to defer action on V-7609, application submitted by James and Grace Boorman,
to a special meeting on November 23, 1976 at 3:30 p.m. Board members
requested that the City Staff further investigate the subject request.
The motion carried unanimously.
V-7610. Application submitted by William and Arlene Ellis for a variance
in Section 8.10.23C.3(a) of the Zoning Code to reduce the established front
yard requirement of a lot at 1019 Third Avenue; date filed: 10/6/76.
Mr. William Ellis expressed the desire to reconstruct and slightly expand
a non -conforming front porch on their residence which, due to the configuration
of the lot and structure, can only be completed as requested.
Mr. Kushnir stated that he agreed with Mr. Schmeiser's findings, i.e., that
it appears unlikely that substantial evidence exists to warrant the grant
of a variance upon the basis of a hardship and that approval of the subject
request would perpetuate a non -conforming use. Mr. Kushnir indicated that
it would create an unnecessary hardship to revoke the building permit
erroneously issued in 1964.
Board member Malcolm stated that he envisioned his function as a Board
member to stop non -conformities in the City.
After further discussion, a motion was made by Dickens, seconded by Fowles,
to not approve V-7610, application submitted by William and Arlene Ellis
for a variance in Section 8.10.23C.3(a) of the Zoning Code to reduce the
established front yard requirement of a lot at 1019 Third Avenue. A vote
was taken: Dickens -yes; Fowles -yes; Malcolm -yes; McBride -absent; Goedken-
absent. The motion carried:
The variance was not granted.
The meeting adjourned.
Prepared by:
Approved by:
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MINUTES - SPECIAL MEETING
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 23, 1976 -- 3:30 P.M.
CIVIC CENTER COUNCIL CIWIBERS
MEMBERS PRESENT: Malcolm, Fowles, Gocdken, Dickens
MEMBER ABSENT: McBride
STAFF PRESENT: Schmeiser, Siders, Child
Acting as Chairman, Malcolm called the meeting to order.
V-7609. Application submitted by James B. Boorman requesting establishment
of the southern extension of Yewell Street south of De Forest Avenue as an
officially approved place; date filed: 9/2/76; deferred: 9/29/76 and 11/11/76.
Mr. Michael Megan, attorney representing James Boorman, stated that the
Board could exercise one of the following options:
(1) to deny the request;
(2) to grant the easement for the entire length of the property;
(3) to grant an easement 35' deep into the property;
(4) to allow the variance to extend 35' deep into the second lot which
would still leave a buffer zone of 32'.
Unless option 04 would be chosen, Mr. Megan said, it would be unfair to
the Boonnans because it would be treating them in a fashion different from
other property owners.
Tony Kushnir, Assistant City Attorney, stated that when property has been
designated as a private drive or an officially approved place, the property
owner must make the drive accessible for fire trucks, garbage and snow
removal vehicles, etc.
A motion was made by Fowles, seconded by Gocdken, to grant a variance to
establish a 35 -foot access easement at the southern extension of Yewell
Street south of De Forest Avenue as an officially approved place (V-7609)
and, as a condition of the variance, that the property owner keep the drive
accessible to fire fighting equipment.
A vote was taken: Dickens -yes; Fowles -yes; Goedken-yes; Malcolm -yes; McBride -
absent.
The variance was granted.
Board memb�ers'noted that the action taken would preempt any further subdivision
without control by the City but would not preclude the applicant from asking
for another variance.
The meeting adjourned.
Prepared by:
Approved by:
of Adj
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77
MINUTE'S
IOWA CITY PLANNING AND ZONING COW%1l:;JI0N
JANUARY 6, 1977 -- 7:30 P.M.
CIVIC CFN'TER COUNCIL CHAMBER)
MEMB :Iia PRESENT: Blum, Cain, Jakobsen, Kammermeyer, Lehman,
Ugecen', Vetter
M&ABERS ABjENT: None
STA FP PRESENT: Bowlin, Schmeiser, Oszman
RECOMMENDATIONS TO THF CITY COUNCIL:
1. Not to approve Z-7619, application submitted by Hy -Vee
Food Stores, Inc., to rezone a tract of land located at
the northwest corner of North Dodge Street and North
Dubuque Road from an R2 Zone and CH Zone to a PC Zone.
2. To adopt a proposed ordinance repealing and amending Sections
8.10.20F, 8.10.20G, and 8.10.32A of the Zoning Ordinance and
to add the words "either a preliminary or a final" before the
word "plat" in line 2 of 8.10.20G of the proposed ordinance.
3• To approve S-7634, preliminary plat of Pepperwood Addition
submitted by Midwest Development Company and located west
of Taylor Drive and southof the K—Mart area, contingent
upon the satisfactory resolution of the drainage problem
on or near the property prior to the approval of the final
plat.
4• To approve 5-7642, preliminary plat of Makada Subdivision
located one -halt' mile south of the southerly city limits
and east of Sycamore Street extended south in Johnson
County.
5• To approve S-7643, preliminary plat of Hawkeye Heights
located west of Mormon Trek Iloulevard and approximately
500 feet south of Melrose Avenue, with the following con-
tingencies:
(1) that a fire hydrant be located at the corner of Petsel
Place and Mormon Trek Boulevard, and
(2) that a figure pertaining to the volume of the storm
water retention be changed.
6. That the following resolution be adopted:
9/HF,RFAS a Neighborhood Redevelopment Plan has been
proposed for the City of Iowa City, and
dHERFA" the Advanced and Current Planning ataff have
examined said Pian and have made the results of
their examination known to the Planning and Zoning,
Commission, and
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WHEREAS the Planning and Zoning Commission has Pound
the proposed Plan to be in no way inconsistent
with the existing City planning and zoning require-
ments nor with any presently indica ted aspects of
the Comprehensive. Plan under development,
The Planning and 'Zoning Commission therefore recommends
to the City Council the adoption of the proposed
Neighborhood Redevelopment Plan.
REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
That. the Legal Staff check and make any necessary revisions in
the procedures involving involuntary annexation outlined in the
Zoning Ordinance and in the New City Code of Iowa.
LIST OF MATTERS PENDING CONA1ISSION- COUNCIL DISPOSITIOIJ:
1. 72-04. Board of Adjustment Appeal Amendments.
2. P-7317• Creation of a University Zone (U)_
3. P-7410.
Creation of a Mobile Home Residence Zone (RMH).
4. P-7403. Revision of hll and M2 Zones.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Chairman Ogesen called the meeting, to order and asked if there
were any corrections or additions to the minutes of the meeting
held on December 16, 1976. A motion was made by Blum, seconded
by Metter, to approve the minutes as written. The motion carried
unanimously.
Z -761E. Commission to hold a public hearing to consider rezoning
a tract of land located south of Winebrenner Dre usicke Ford from
RIA to C2; initial application to rezone the above described
tract to M1 denied: 12/2/76.
Mir. Phil Leff, attorney for the petitioner, said that he would
answer questions from the audience or the Commission about the
application.
There was no discussion for or against the proposed rezoning.
The public hearing closed.
Z-7619. Application submitted by Hy -Vee Food Stores, Inc., to
rezone a tract of land located at the northwest corner of North
Dodge Street and North Dubuque }toad from an R2 Zone and CH Zone
to a PC Zone; date filed: 10/2.5/76; 45 -da} limitation: 12./9/76;
public hearing date: 11/18/76; denied 12/2/76; reconsideration
requested: 12./3/76.
Explaining that some of the Commissioners were not present when
this application was previously discussed, Chairman Ogesen in-
vited interested parties to speak their concerns on the proposed
rezoning,.
Dr. Wilbur Zike, Rural Route 2, Iowa City, submitted a petition
bearing 2.2 names of citizens opposed to the rezoning. Dr. Zike
explained that many of the people who lived in the area felt
that increased commercialization would lead to increased traffic
flow, and that this was undesirable. fie added that they felt
another grocery store in the area was unnecessary.
Mr. Charles Ruppert, 1406 N. Dubuque Road, spoke in favor of the
rezoning, stating that he felt it to be "the best proposal to
come up for this area in years." Mr. Ruppert read aloud a letter
he had sent to the Commission in which he stated his reasons
for favoring the proposed rezoning.
Ron Pearson, representative of Hy -Vee, discussed why Hy -Vee had
requested the rezoning, what the change in the zoning would mean,
and what type of structure they had planned for the site. Other
Hy -Vee representatives displayed several posters and charts
depicting the building itself'; supermarket comparisons between
Iowa City and two other cities, Ames and Ottumwa; customer traffic
time and sales ratio; and schematics of the dif'f'erence between
the PC Zone and the CH Zone .
Mr. Charles Fble, Rural Route 2, Iowa City, spoke against the
proposed rezoning, stating that the area should either be zoned
commercial or zoned residential, but not both.
Dick Brown, owner of the Hilltop DX, spoke in favor of the re-
zoning. He said that the structure planned by Hy -Vee was beauti-
ful, and that if this rezoning request was denied, someone else
would come along and build a structure much more objectionable.
Bob Sater, 1739 N. Dubuque, Iowa City, agreed that the structure
was attractive, but said he was concerned about whether Hy -Vee
would be a "good neighbor" and asked for an explanation of Hy-Vee's
intentions relative to site—lines, lighting, and storm water re-
tention.
Chairman Ogesen said he would refer these questions to the City
Staff.
Don Schmeiser, Senior Planner, was asked whether lighting and
storm water retention were controlled by the Commission under
the PC Zone. Mr. Schmeiser responded that both were controlled
under the PC Zone, but that only storm water retention could be
controlled if the area of the CH Zone is under two acres.
A motion was made by Jakobs en, seconded by Cain, to recind the
Commission's previous action on this application.
Commissioner Cain said site favored recinding for two reasons:
(1) the new data presented by Hy -Vee, and (2) the fact that all
Commission members were present.
The motion carried 6-0 with one abstention. (Blum abstained.)
A motion was made by Lehman, seconded by Vetter, to recommend
to the City Council approval of Z-76.19, application submitted
by Hy -Vee Food Stores, Inc. , to rezone a tract of land located
at the northwest corner of [North Dodge Street and North Dubuque
Road from an R2 Zone and CH Zone to a PC Zone .
The Commissioners discussed the motion.
Commissioner Lehman said that he saw in the rezoning the poten-
tial. for a well-planned development that the Commission could
control and which could develop the way the people wanted it to.
He explained his feeling that the "domino theory" of commercial
extension was not valid because each rezoning request was judged
on its own merits. Commissioner Vetter also favored the rezoning,
saying, that she had received many letters strongly in favor of it,
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and that the PC Zone would allow for controlled, thoughtful
development and would not adversely affect residential develop-
ment.
Commissioner Kammermeyer spoke against the rezoning, citing as
his reasons: (1) the traffic problem it could cause, (2) the
precedent it would set for further commercial zoning in the
area, and (3) the fact that he had received letters against
the proposed rezoning. Commissioner Cain agreed with Kammer—
meyer. and added that at present, there existed no comprehensive
set of standards for the control of neighborhood commercial
developments.
The motion failed to carry 3-3 with one abstention. (Blum
abstained.)
Consideration of a proposed ordinance to amend the Zoning ordi-
nance by revising the procedures for amending the Zoning Ordinance;
public hearing date: 12/16/76.
Chairman Ogesen explained what the proposed ordinance entailed:
(1) that the Commission must publish a notice of a public hearing
15 days prior to holding a pub tic hearing, and (2) that the
Commission must complete consideration of the application in 60
rather than 45 days. Ile also explained that the amendment involved
two separate ordinances.
A motion was made by Blum, seconded by Cain, to recommend that the
City Council adopt a proposed ordinance to repeal and amend Sections
8.10.20F, 8.10.20G, and 8.10.32A of the Zoning Ordinance and to add
the words "either a preliminary or a final" before the word "plat"
in line 2 of 8.10.20G of the proposed ordinance.
The Commission questioned why Section F needed to be included in the
motion, since the change would occur in Section G. The consensus
was that Section F appeared only to lend a context to Section G.
It became evident, however, that Section F was included to hold a
public hearing on a final PAD plan as presently required. The
ordinance was thence modified to require a public hearing on both
the preliminary and final plan.
The motion carried unanimously.
Request for Staff Assistance:
A motion was made by Cain, seconded by Kammermeyer, to request
assistance from the Legal staff to check and make any necessary
revisions in the procedures involving involuntary annexation
outlined in the Zoning Ordinance and in the new City Code of Iowa.
The motion carried unanimously.
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S-7634- Preliminary plat of Pepperwo od Addition submitted by
iwest Development Company and located west of Taylor Drive
and south of K -Mart area; date filed: 9/30/76; 45 -day limitation:
waived; deferred: 11/16/76.
Mike Kammerer, Shive-clattery Associates, explained that a
problem had arisen of which the petit Toners had not previously
be en aware. The problem concerned the location of a drainage
ditch or channel, potentially a health hazard. Kammerer said
that, as far as he knew, the engineers had not yet determined
whether the channel was located on the developers' property or
on the property of Dave Braverman.
Reference was made to two memos from the Engineering, Staff, one
of which stated that the drainage problem had to be resolved
before the approval of the preliminary plat. Kammerer responded
that Midwest Developers had bought the property thinking that the
ditch was not on it. If the ditch is on Midwest's property,
Kammerer said, then Midwest would change its contract with Mr.
Braverman.
Commissioner Cain asked Mr. Kammerer how many lots were planned
for Zone RIA. Mr. Kammerer responded that the number of lots
planned was 172, with a maximum possible of 174 in R1A,' and this
estimate took into account the provisions for street areas.
A motion was made by Jakobsen, seconded by Blum, to recommend
to the City Council approval of S-7634, preliminary plat of
Pe pperwood Addition submitted by Midwest Development Company
and located west of Taylor Drive and south of the K -Mart area,
contingent upon the satisfactory resolution of the drainage
problem on or near the property.
There followed a discussion of the motion.
A motion was made by Jakobsen, seconded by Vetter, to defer
until the next regular Planning and Zoning Commission meeting
consideration of S-7634, preliminary plat of Pepperwood Addition
submitted by Midwest Development Company and located west of
Taylor Drive and south of the K -Mart area.
Chairman Ogesen indicated that he felt deferral of consideration
of the application bordered on harassment, since the developers
had been so patient and since this problem had only that day
arisen. Commissioner Jakobsen said she wasn't comfortable with
any other alternative.
The motion for deferral failed 7-5.
Commissioner Blum pointed out that the Commission was bound by
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law to approve the final plat if it did not differ significantly
from the preliminary plat. lie went on to say that if the Commission
recommended approval of the rezoning, even with contingencies,
it could place itself in a precarious position with regard to
approval of the final plat.
A motion'was made by Lehman, seconded by Cain, to amend the
original motion by changing the contingency of the original
motion to read "satisfactory resolution of the drainage problem
on or near the property prior to approval of the final plat."
The motion carried 6-1.
There was a vote on the amended original mot ion, reading: To
recommend to the City Council approval of S-7634, preliminary
plat of Pepperwood Addition submitted by Midwest Development
Company and located west of Taylor Drive and south of the K -Mart
area, contingent upon the satisfactory resolution of the drainage
problem. on or near the property prior to the approval of the
final plat. The motion carried 6-1. Commissioner Blum voted
against the motion, explaining that he was bothered by the
potential legalities of it.
Commissioner Cain requested that two relevant memos - one from
Chuck Schmadeke, Assistant City Engineer, and one concerning the
sewers and the number of lots - be attached to the minutes.
S-7641. Preliminary and final Large Scale Non -Residential Develop-
ment plan of Howard Johnson's Motor Lodge located at the intersection
of Interstate 80 and Highway 1; date filed: 12/3/76; 45 -day limi-
tation: 1/27/77.
Sheri Hix, 1420 Broadway, Coralville, told the Commission that a
large sports complex had been approved by the Coralville City
Council. She felt the Commission might be interested in this.
Don Schmeiser explained that discrepancies indicated in the Staff
Report had not been corrected.
A motion was made by Cain, seconded by I(amme rmeyer, to defer until
the informal meeting on January 17, 1977 consideration of S-7641,
preliminary and final Large Scale Non -Residential Development plan
of Howard Johnson's Motor Lodge located at the intersection of
Interstate 90 and Highway 1. The motion carried unanimously.
The Commission gave as reasons for deferral: (1) that the plan
does not comply with the Tree Ordinance, and (2) that compliance
with the Storm Water Detention Ordinance has not been checked by
the Engineering Department.
S-7642. Preliminary plat of hlakada Subdivision located one-half
mi south of the southerly city limits and east of Sycamore Street
extended south in Johnson County; date filed: 12/13/76; O -day
limitation: 1/27/77•
Dennis 3aeugling, attorney, told Lhe Commission that former
'liscrepencies had been corrected and that everything was now
In or'ler.
A motion was made by Blum, seconded by Lehman, to recommend to
the City Council approval of 5-7642, preliminary plat of Makada
Subdivision located one—half' mile south of the southerly city
limits and east of Sycamore Street extended south in Johnson
County. The motion carried unanimously.
S-7643. Preliminary plat of Hawkeye Heights located west of
t oormon Trek Boulevard and approximately 500 feet south of
Melrose Avenue; date tiled: 12/14/76; 45 -day limitation: 1/28/77•
Don Schmeiser reported that there were two very minor discrep-
enci.es which needed to be corrected and which were incorporated
into the following motion.
A motion was made by Kammermeyer, seconded by Cain, to recommend
to the City Council approval of 5-7643, preliminary plat of
Hawkeye Heights located west of Mormon Trek Boulevard and approx-
imately 500 feet south of Melrose Avenue, subject to the follow-
ing contingencies:
(1) that a fire hydrant be located at the corner of Petsel
Place and Mormon Trek Boulevard, and
(2) that the figure pertaining to the volume of the
storm water detention be changed.
The motion carried unanimously.
Consideration of the urban renewal plan for the Housing Rehab-
ilitation Program:
Don 3chmeiser stressed that any revitalization of the neighbor-
hood, if it means demolition or destruction of structures of any
kind, should be done with conformance to a pre -conceived plan.
He pointed out that he knew of no neighborhood development plans
that pertained to the portion of the city in question.
Commissioner Blum proposed adoption of a resolution which reads
as follows:
WHEREAS a Neighborhood ltedevelopmpnt Plan has been proposed
for the City c' Iowa City, and
WHEREAS the Advanr_ea and Current Planning Stafl'have examin-
ed said Plan and have made the results of their examination
known to the PLanninp, and Zoning Commission, and
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WHEREAS the Planning and Zoning; Commission has found the
proposed Plan to be in no way inconsistent with the
existing City planning and zoning requirements nor with
any presently indicated aspects of the Comprehensive
Plan under development,
The Planning and Zoning Commission therefore recommends
to the City Council the adoption of the proposed Neighbor-
hood Redevelopment Plan.
Commissioner Cain requested that the date in part #4, page 7
of the Neighborhood Development Plan be changed from December-
6,
ecember6, 1976 to January 6, 1976•
Chairman Ogesen asked Julie Vann, Program Coordinator, why the
R-14 area was included in the Neighborhood Development Plan
when it was already part of the Urban Renewal Plan, adding
that he felt the Federal Government would question this also.
Vann responded that this was a way of coordinating the two
programs. She indicated that she'd discussed this with her
colleagues and thaL they agreed with her. Commissioner Blum
said it might be good that the area was included in both Plans,
in case the funds were to be used for housing.
Chairman Ogesen said he thought the Forest View Trailer Court
and two other trailer courts should have been included in the
Neighborhood Plan area. Commissioner Lehman expressed concern
about allocating money to owners of non -conforming houses.
Blum asked Vann whether the Neighborhood Development funds
could be used for work in areas outside the area for which
they were requested. Vann said they could only if specified in
the application.
Chairman Ogesen said he felt the outline of the area should be
redrawn.
The Commission voted on the Resolution. It carried 5-2.
(Ogesen and Lehman voted against it.)
The Commission briefly discussed the question of procedures.
Commissioner Jakobsen reported that the City Council had expressed
concern that new people on the Commission in the future have
access to a standard set of procedural guidelines. She suggested
the formation of a sub -committee on the standing rules of pro-
cedure of the Commission.
Commissioner Blum added that the Commission should be more careful
about the order in which they made motions. He also questioned
whether all the discussion nh ould be summarized in the minutes.
Commissioner Cain said that too formalized a procedure might
put off the public. Commiaaioner Lehman agreed, stating that
any procedural guidelines must be flexible.
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Don Schmeiser confirmed that the special meeting scheduled for
January 10th had been cancelled at the Sign Ordinance sub -committee's
request.
The meeting adjourned.
Pre pared by:
Ellen Oszman, D 5'
Approved by:fV/
ane kobsen, secretary,
&Z Commission
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CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
14 E MQ RA H 0 U
TO: Gene Dietz
DATE: December 30, 1976
FRM: Denny Gannon
RE: Zoning of Pepperwood Addition Affecting Existing Sanitary Sewer
With Pepperwood Addition zoned RIB and the undeveloped areas between
Pepperwood Addition and Flwy. n6 zoned C2, 141, and CH developed eonvnercially
for light industry and/or office buildings, the existing flow (1.68 cfs)
together with the future flow (1.53 cfs) or a total flow of 3.21 cfs
exceeds the existing capacity of the 15' sewer (slope = 0.199%).
With Pepperwood Addition zoned RIA and the undeveloped areas between
Pepperwood Addition and Hwy. 16 zoned C2, 111, and CH developed as
multi -family units, the existing flow (1.68 cfs) together with the
.future flow (1.53 cfs) or a total flow of 3.21 cfs exceeds the existing
capacity of the 15" sewer.
With Pepperwood Addition zoned R1A and the undeveloped areas between
Pepperwood Addition and Hwy. N6 zoned C2, 141, and CH developed commercially
for light industry and/or officebuildings, the existing flow (1.6?cfs)
together with the future flow (1.26 cfs) equal a total flow of 2.94 cfs.,
which is equivalent to the capacity of the existing sewer.
Therefore, Pepperwood should remain zoned as R1A. If Pepperwood is
rezoned RIB, a limit of 183 units (10,000 square feet per singl a family
unit) should be set ak maximurn number of units allowed.
OG:bz
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City of Iowa City
DATE: January 6, 1977
TO: Don Schmciser, Senior Planner-
FROM:
lanne r /
FROM: Charles J. Schmadcke, Assistant to the City Engineer 5/p
RE: Drainage Ditch North of Peppe rwood Addition
Don, I think with the development of P epperwood Addition it will be
necessary to address the drainage problem that exists on the drainage
channel constructed by Dave Braverman through his property. This
drainage channel is a relocation of an existing creek bed which for-
mally crossed Braverman's property. Severe erosion problems existx
along this new channel. Increased erosion will be imminent with the
development of Pcpperwood Addition. The Engineering Division .feels
that this problem must be resolved prior to any construction within
the Pcpperwood Addition. The Engineering Division feels therefore,
that it will be necessary to have an agreement from Dave Braverman
stating his intent to improve the existing channel to meet proposed
design standards for open channel flow. This agreepment should be on
file before the preliminary plat is approved.
• 0
COb1,I11TIT ON COMMUNITY NIHMS
.JANUARY 12, 1977 -- 4:00 p.m.
RECREATION CENTER -- MEETING ROOM A
COMMITTEE MEMBERS PRESENT
CO NITTEE MEMBERS ABSENT:
CITY STAFF PRESENT:
OTHERS PRESENT
SI M1ARY OF ITEMS DISCUSSED:
Hauer, Amidon, Bolnick, Bonney, Bridgeman, Dennis,
Hall, Stockman, Bohlken
Hibbs, Coogan
Vann, Wilkinson
Nancy Seiberling (Project Green)
1. It was moved by Dennis and seconded by Hall to approve the minutes of the
December 7, 1976, meeting and the December 8, 1976, public meeting. Motion
carried.
2. Nancy Seiberling discussed the architect's drawing of proposed Washington
Street improvements and Project Green's ideas for the project. Project
Green wants to refurbish the medians, provide a sitting area at Governor
and Washington and make possible improvements at College Green Park.
FIs. Seiberling indicated that Project Green was prepared to provide the
plantings and care for them for two years. She indicated that they would
like to have the City furnish help with the brick work and sprinkler system
for the medians and the curb extensions indicated on the architect's
drawing.
When asked about costs, Ms. Seiberling indicated that if the City is involved
in sidewalk and street improvements, the cost would be approximately $102,000
overall. Project Green is funding an estimated $20,000 of this amount.
t
�P Dennis asked that Project Green consider "wheel -up" parking, circular ramps
at College Green Park, and plantings around bus shelters.
Stockman indicated that the neighbors in the area had appeared at various
meetings saying that they like the College Green Park as it is. The
committee decided to hold a neighborhood meeting to discuss possible park
improvements sometime in mid-February.
Dennis moved and Hall seconded that the Committee give their thanks to Nancy
Seiberling and Project Green for the work done to date on the project.
Motion carried unanimously.
After some discussion, Bolnick moved and Dennis seconded that the Committee
recommend to City Council that site improvement money from the FY '77 budget
(as required by federal regulations) go Into the Washington Street project
and that the amount be decided later based on citizen input. Motion carried
unanimously.
EE
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Committee on Community Needs
January 12, 1977
Page 2
3. The Committee discussed the three projects that were cut from the budget at
the January 10th informal Council session. The consensus was that the
Committee would recommend that unless they could be assured of other funding,
they would like to see HCDA funding for the Mayor's Youth Program and the
Cunklin Lane shelter returned to the Budget. The voting was in two stages,
first on the Conklin Lane shelter and second on the Mayor's Youth Program.
The Conklin Lane Shelter vote passed with 3 opposed. The rationale follows:
A. It is a low to moderate income area.
B. There is considerable community support.
C. The Park and Recreation budget is tight and the possibility of including
the shelter is minimal.
Comments from those 3 opposed to reconsideration for this HCDA budget:
A. National statistics predict a budget shortage of lV2% for each of the
next two years and therefore, funding should be channelled into the most
important projects this year.
B. The park is beautiful as it is.
The Mayor's Youth Program vote passed with 2 opposed. The rationale follows:
A. There has been no quarantee of increased funding from other sources.
B. One summer of projects would be very beneficial and not necessarily tie
the City into future year's funding.
Comments from those 2 opposed to reconsideration for this IICDA budget:
A. More appropriately funded from other sources.
4. After a lengthy discussion of the Recycling -Energy Conservation issue, Mauer
moved and Bolnick seconded that they would like to see a part-time energy
planner hired who could pull together existing knowledge and begin to develop
plans for improvements in this area. The motion passed with one opposed; this
person felt that the allocated amount was too small to accomplish any project
of significance after the research was completed.
S. A lengthy discussion on the Committee's membership led to the following
consensus: That the Committee membership should represent neighborhoods, re-
lated commissions, and at -large members. Commissions suggested included
Parks and Recreation Commission, Johnson County Regional Planning, and possibly
Planning and Zoning. Neighborhood representation should include Northside,
Willow Creek, Ralston Creek, and Fair Meadows (southeast Iowa City).
Proportions and selection procedures were not defined.
Committee on Community Needs
January 12, 1977
Page 3
6. After a discussion of Goals and Objectives to be included in the FY '78 Budget,
the attached list was approved by consensus.
7. A month by month Chart of Projected CDBG Program Activities was distributed
to help keep members abreast of how projects should be progressing.
8. Dennis identified another community need, namely access to swimming pools for
the handicapped. He suggested $1000 for ramps to the pools and a means of
raising and lowering the handicapped into the pool. No committee discussion
was held.
9. After an announcement that this would be the last meeting for Stockman, Dennis
moved and Hall seconded that the Committee send a letter of thanks to
Ms. Stockman for her service on the Committee. Motion carried unanimously.
Another Park and Recreation Commission representative will begin attending
CCN meetings next month.
Dennis moved and Bonney seconded that the meeting be adjourned. Motion
carried.
,z,rr�rrt�
Sandra Wilkinson
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'78 BUDGET
COMMITTEE ON COMMUNITY NEEDS
GOALS AND OBJECTIVES
The City Council of Iowa City appointed members of the Committee on Community
Needs to advise the City Counci 1 on the use of HCDA-CDBG funds and to carry out
the following functions (Resolution H76-136):
1. Evaluate and interpret the City's programs that affect human needs and community
development.
a. Specific activities of the Community Development Plan will be reviewed
periodically at the committee's meetings.
b. Members will actively participate in program development committees.
2. Provide a systematic communication interchange between citizens and policy-
makers with regard to all Housing and Community Development Act, Community
Development Block Grant applications and programs.
a. Citizens are invited to attend monthly CCN meetings.
b. A newsbulletin will be prepared discussing each of the CDBG projects.
Radio shows will be used in special occasions.
c. Public hearings will be advertised in the community newspapers.
3. Facilitate neighborhood meetings to identify needs of neighborhoods and
otherwise assist citizens in articulating their community needs.
a. Neighborhood meetings will be organized to discuss projects affecting a
particular target area, and also to gather information about other
neighborhood problems and program needs.
4. Assist citizens to develop programs, where possible, to moot community needs.
a. When a citizen suggests a problem, which could be minimized through a
CDBG activity, members will speak as advocates for the request .
b. If a citizen suggests a problem which is ineligible for CDBG funding,
when possible, members will suggest other funding sources or program
alternatives.
Nf• e
MINUTES
HUMAN RELATIONS COMMISSION
DECEMBER 20, 1976 7:40 P.M.
ROOM B, CITY RECREATION CENTER
MEMBERS PRESENT: Smith
Finn
Scott
Madison
Davidson
Gilroy (8:00 P.M.)
Woodard (9:00 P.M.)
MEMBERS ABSENT: Matsumoto
Price
NEW MEMBERS PPES7:N T • ()1.e50n
Constantino
B ravermen
STAFF MEMBERS PRESENT: Ragland
Ryan
Morgan
RECOMMENDATIONS TO THE CITY COUNCIL
1. The Human Relations Commission is forwarding to the
City Council the newly revised Human Relations Ordinance
adopted at this meeting and recommends approval of this
Ordinance to update the coverage and procedures. The
following statement moved by Gilroy, and seconded by
Scott is to accompany the proposed Ordinance. The
Human Relations Commission recommends the adoption of
sections 10.2.10 thru 10.2.18 only as a temporary measure
pending the outcome of the appeal in the case of Akin V.
Westinghouse. Because of the District Court's decision
in that case, the legality of the present procedures of
the commission are in doubt, In order to allow the
Commission to operate during the appeal of the case, the
Commission recommends the adoption of procedures consis-
tent with the requirements of the District Court's decision.
However, because the Commi Sion believes that its present
procedures are both more efficient than and as fair as
those required by the District Court, the Commission
will recommend the restitution of our present procedures
in the event that the City is successful in the appeal.
2. New Commission members appointed to begin their terms in
January of 1977 attended the meeting. They stated their
support for the revised ordinance. However, one abstained
in supporting the procedural sections.
M
•
11
RECONWENDATTONS TO THE STAFF AND CITY MANAGER
The staff is to contact the Civil Rights Commission
in Minneapolis and St. Paul requesting information
regarding complaints that have been filed on the basis
of affectional preference and martial status. This
information is to be used by the Commission in present-
ing the new Ordinance to the City Council.
Scott moved and Finn seconded that the staff send a
letter to Bud Corieri. The article in the Daily Iow–a—n
about the disco he is planning to open, suggest
access to the disco on certain evenings of the week
will allow preferential treatment on the basis of sex.
The letter is to state that if that is the case, this
practice violates the ICIIRC ordinance. A carbon
copy of this letter is to be sent to the City Clerk to
be placed in a file when request for liquor license is
made.
PENDING ITEMS
1. Training for Commissioners. Scott stated that a large
section of the time at the January meeting would be
directed toward the orientation and training for the
1977 Commission.
2. Goals and objectives- The Commission will be presenting
their goals and objectives for the FY 78 year to the
City Council next week.
3. Monitoring }lousing Discrimination
(a) Ragland reported she had been assisting the Iowa
Civil Rights Commission in the investigation of
discriminatory practices of the Iowa City Rental
Directory.
(b) Ragland reported she had met with TPIR G and other
1 interested organizations concerning the housing
k audit.
SUMMARY OF RELEVANT DTSCUSSTON
The meeting was called to order by Smith (chairperson).
Scott moved and Finn seconded to approve the minutes of
the November 15, 1976 commission meeting and the minutes
of the November 15, 1976 Executive Session. The motion
passed.
Ragland made a presentation on the distribution of blacks
in the housing market in Iowa City. The information
was based on a 1974 census which showed that no blacks
were living in a large area surrounding Court St. on
the cast side of town. This area is largely owner -occupied.
The other large area that had very few blacks is on the
northwest side of tnwn in the Manville Heights area.
This area is 50% owner - occupied.
0 0
A. COMMITTEE REPORTS
1. Staff Report - One complaint formalized through the
month was sex in employment. Informal complaints -
11 employment, G housing, 3 public accommodations.
No cases were closed.
2. Outreach/Advocacy - Davidson reported on the meeting
the committee had with the Police Chief and Captain
Rupert regarding the harassment of Blacks by stopping
them frequently on the street to check for identifica-
tion. A memo from the Police Chief on arrest procedures
was sent to the committee.
3. Affirmative Action - Gilroy reported that the committee
met and reviewed the Iowa City School Board's Affirmative
Action program and had sent a letter of support to the
School Board. Ragland reported that the School Board
was not receptive to the Affirmative Action Program.
Commissioner Woodard is arranging a work session for
the School Board to explain the program. She requested
that Commissioners attend the next School Board meeting
on January 11 , 1977 to give support to the Affirmative
Action program and be able to answer questions that arise
concerning it.
Ordinance Revision - A proposed draft of the revised
Human Relations ordinance was presented to the Commission
for approval.
Section 10.2.1 Declaration of Purpose, was moved for
adoption by Scott and seconded by Gilroy. The motion
passed.
Section 10.2. 2 Powers of the Commission, was moved by
Gilroy seconded by Finn and passed.
Section 10.2.3 Definitions, was moved by Davidson
seconded by Scott. Davidson moved and Scott seconded
that sub -section i be amended to include a credit trans-
action that required no interest payment. The motion
was passed. Gilroy moved and Finn seconded that subsection
J be amended t o include a condition on the definition
of disability which allowed discrimination if the
handicap is substantial and related to the person's
ability to engage in a transaction as defined in the
Ordinance. The whole section was accepted as amended.
Section 10.2.4 Discriminatory Practice - Employment,
was moved for adoption by Gilroy seconded by Finn and
passed.
Section 10.2.5 Discriminatory Practices - (lousing Transactions,
was moved for adoption by Scott secondod by Davidson.
Sub -section 11.2 was amended to read "less than four
rooms", and the Legal Department was requested to draft
language to clarify the intent that the exception was
to cover rooming houses that were owner -occupied
where the roomers had access to the owner's living
quarters. Scott moved and Davidson seconded that the
Legal Department draft an exception for landlords to be
required to provide removal of architectural barriers.
The motion passed. Finally, Scott moved and Davidson
seconded that the legal staff draft an exception to
the housing section which allowed special projects for
housing accommodations of the elderly and handicapped.
That motion passed. The entire' section was approved
as amended.
Section 10.2.6 Discriminatory Practices - Housing
Accommodations or Services, was moved for adoption by
Gilroy, Madison seconded. The motion passed.
Section 10.2.7 Discriminatory Practices - Credit
Transactions, Scott moved for adoption, Finn seconded,
the motion passed.
Section 10.2.8 Discriminatory Practices - Aiding or
Abetting, Gilroy moved for adoption, Scott seconded,
the motion passed.
Section 10.2.9 Discriminatory Practices - Retaliations
or Repraisals, Scott moved for adoption, Davidson seconded,
the motion passed.
Section 10.2.10 Report of Discriminatory Practices,
Section 10.2.11 Investigation of Complaints, Section
10.2.12 Results of Investigation - /Action to be taken,
Section 10.2.13 Conciliation, Section 10.2.14
Proceedings upon Failure to Conciliate, Section 10.2.1 5
Notice and [fearing, Section 10.2.16 Findings and Order,
Section 10.2.17 Judicial Review - Enforcement, Section
10.2.18 Misdemeanor, were moved for adoption by Gilroy,
seconded by Scott. In Section 10.2.11, Subsection C,
the language is to be changed to incorporate prior action
of the Commission which was taken on the recommendation
of the Complaint Procedures Committee.
Section 10.2.12, Scott moved for adoption and Finn
seconded that the Legal Department draft language to
give a procedure for the Commission to overturn a no
probable cause determination.
0 0
Section 10.2.13, the definition of predetermination
settlement was to he inserted. Woodard moved and
Gilroy seconded that Section 10.2.18 Misdemeanor be
deleted. Motion passed.
Sections 10.2.10 through 10 .2.18 were passed with
Gilroy abstaining, Scott voting no.
Section 10.2.19 Human Relations Commission - Structure,
was moved for adoption by Gilroy, seconded by Finn, and
passed.
Section 10.2.20 Public Meetings and Records, Scott
moved for adoption, Finn seconded, the motion passed.
Section 10.2.21 Staff, Scott moved for adoption,
Finn seconded, the motion passed.
B. CGIPIATNT PROCESSING
1. Cases in Litigation - No new report.
2. Cases in Conciliation - No conciliations were reached in the past
month. Smith reported on Case E-7503 - a new conciliation agreement
has been drafted to be sent to respondent. No report on Case E-7515.
Woodard reported on E-7606 - a new conciliation agreement with the
respondent has been drafted. The agreement no longer includes the
complaintant. Davidson reported on Case E-7605 - the team met with
the respondent and presented him with a conciliation agreement and
were waiting for a response.
3. New Cases - 1 sex/employment.
h. Cases Closed - None.
C. NEIV BUSINESS
1. The next meeting was set for January 24 at 7:30 P.M., in the City
Manager's Conference Room. At the January meeting there will be
election of officers.
2. Morgan reported that she had attended the City Council meeting
that afternoon when the Citizens Coramaittee on Community Needs made
their report to the Council on the n rojects to be funded by IICDA.
These projects have been criticized by several segments of the
Community. Morgan reported that the next time the Council would
be considering these activities would be ,January 11, 1977, at the
formal Council meeting and Cormnissioners should appear if interested
in making comment.
3. A short period was spent on group process. The Commission extended
it vote of thanks to Sally Smith for her hard work this year as
chairperson and also a vote of thanks to Jackie Finn and Brenna
Davidson whose terms were expiring.
The meeting adjourned at 11:05.
STAFF REPORT
To: Planning and Zoning Commission
Item No.: S-7634
GENERAL INFORMATION
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Zoning History:
Applicable Regulations:
Limitation Period:
SPECIAL INFORMATION
Public Utilities:
Public Services:
Prepared by: Don Schmciscr
Date: 1/6/77
Midwest Development Co.
410 First Avenue Building
Cedar Rapids, Iowa 52401
Preliminary plat approval
To establish 169 lots for
single family residences
West of Taylor Drive and
south of K Mart area
Approximately 52 acres
Undeveloped and R1A
North - undeveloped and C2
South - undeveloped and R1A
Fast - duplexes and R2
West - undeveloped and RIA
September 1976 — rezoning
application for RIB (pending)
Subdivision requirements of
Chapter 9.50 of the Municipal
Code and provisions of the
Storm Water Detention Ordinance
Waived
Adequate water and sewage
service are available.
There is a potential problem
for the total drainage area,
however (see memorandum from
Engineering Division).
Sanitation service and police
and fire protection are avail-
able and will not be overburdened
by the proposed development.
•
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Transportation:
Physical Characteristics:
ANALYSIS
0
Access will be provided from
Sandusky Avenue and Keokuk
Street.
Topography is gentle to
rolling with maximum slopes
of 10 percent
Important aspects in consideration of the subdivision and its relationship
to the neighborhood within which it is located, are twofold:
1. The future location of an elementary school within the neighborhood
and
2. An efficient and safe street system for the neighborhood.
The inevitable need for an elementary school within the neighborhood was
addressed in Staff Report Z-7616 dated November 18, 1976. The appropriate
location of the school should now be determined to enable streets and
pedestrian walkways to be designed and located for safe and convenient
access to the school. Its location should be determined upon the bases
of the following locational criteria:
1. It should be located adjacent to a neighborhood park to avoid
duplication of facilities,
2. It should be located within one-half mile walking distance of all
parts of the neighborhood, and
3. It should be located near a collector street for vehicular access to
the school.
Upon the bases of this criteria it becomes quite evident that an elementary
school should be located adjacent to Wetherby Park southeast of the proposed
subdivision and most appropriately west of the park. Future developments
within the neighborhood should provide safe and convenient pedestrian access
to the school within green vistas for maximum exposure to the school.
In consideration of the design and location of an efficient and safe street
system for the neighborhood, there are several primary factors:
1. External through traffic should be discouraged,
2. A dispersion of traffic is essential to avoid high concentrations of
traffic within parts of the neighborhood,
3. Direct and convenient access from the collector streets to the artc rial
streets should be provided, and
4. Circuitous streets, in lieu of long, straight and continuous streets,
should be designed as a speed Impediment.
0 0
-3-
A conceptual street plan incorporating these factors was developed and is
attached to this Staff Report. This plan should be regarded only as a
conceptual plan for a street system and not as a development plan of the
neighborhood.
Design features of the subdivision which were considered undesirable are
the long "meandering" street named Briar Lane (or Mulberry Lane) and provision
for the extension of Broadway Street to Sandusky Drive. It is suggested that
the plat be revised to eliminate these aversions.
In lieu of a winding street of considerable length, a series of cul-de-sac
streets could be provided at much more convenience to residents and service
agencies. High concentrations of vehicular traffic on Broadway Street,
generated by high density multi -family residential and commercial develop-
ments, should not be permitted local access through a single family residential
area. It is alternatively suggested that Broadway Street be extended southerly
and turned west to intersect with Keokuk Street north of the subdivision. It
is recommended, however, that a walkway be provided in the location of Broadway
Street as illustrated.
RECOMMENDATIONS
The Staff recommends that consideration of the preliminary plat be deferred,
but that upon. revision of the plat incorporating the deficiencies and discrep-
ancies noted below, the preliminary plat be approved.
DEFICIENCIES AND DISCREPANCIES
1. The cross section detail should note the paving thickness, type and
thickness of the curb and gutter and slope of the parkway and sidewalk.
2. A graphic scale should be included.
3. A signature block for later endorsement by the City should be provided.
4. Street names should be changed as follows: Briar Lane to Briar Drive,
Aspen Lane to Aspen Drive, Pepper Drive (east of Birch Street) to
Pepper Court, Sandusky Avenue to Sandusky Drive.
5. Broadway Street should be eliminated.
6. The location and dimension of circular medians within the turnarounds
should be shown.
7. Lot dimensions for lots 18, 67, 68, 81, 82 and 83 should he noted.
8. The westerly boundary line of Wetherby Park to the southeast should
be shown.
9. The location of sidewalks and casements from streets within the
addition to Wetherby Park should be illustrated.
0
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10. No sanitary and storm sewers should be located under the street pavement
except as necessary.
11. The storm sewers should be extended to the subdivision boundary.
12. The right-of-way of Keokuk Street from the termination of the existing
pavement should be included within the subdivision.
13. An existing storm sewer along the easterly boundary line should be
shown.
14. The provisions of the Storm {Vater Detention Ordinance should be met.
ATTACHMENTS
1.' Location map
2. Memorandum from Engineering Division
3. Conceptual street plan
ACCOMPANIMENT
Preliminary plat
Approved by:
Dennis Kraft, Director
a- Department of Community Development
Q Q
%\ Q 690 129P 18Q0 NUMBER;
NORTH GRAPHIC SCALE : 1"-- 660' S-763.4
0
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
V
DATE: November 18, 1976
TO: Planning and Zoning
FROM: Charles Schmadeke, Asst. to the City Engineer L�(
RE: Zoning Change Request for Pepperwood Addition
The Engineering Division has investigated the southside trunk sewer
which will provide sewer service for the Pepperwood Addition and
all undeveloped land south of Highway N6, north of the south line
of Pepperwood Addition, west of Sycamore Street and east of the
Iowa River. It has been determined that the southside trunk sewer
will be used to its fullest capacity if all undeveloped land were
developed according to the existing zoning restrictions. The
Engineering Division, therefore, recommends that the zoning change
request for Pepperwood Addition, be denied.
CJS:bz
c9 •
City of Iowa City
DATE: January 6, 1977
TO: Don Sehmeiser, Senior Planner
FROM: Charles J. Schmadeke, Assistant to the City Engineer 5/
RE: Drainage Ditch North of Pepperwood Addition
Don, I think with the development. of Pepperwood Addition it will be
necessary to address the drainage problem that exists on the drainage
channel constructed by Dave Braverman through his property. This
drainage channel. is a relocation of an existing creek bed which for-
mally crossed B raverman's property. Severe erosion problems exist
along this new channel. Increased erosion will be imminent with the
development of Pepperwood Addition. The Engineering Division feels
that this problem must be resolved prior to any construction within
the Pepperwood Addition. The Engineering Division feels therefore,
that it will be necessary to have an agreement from Dave Braverman
stating his intent to improve the existing channel to. meet proposed
design standards for open channel flow. This agreeFment should be on
file before the preliminary plat is approved.
t
0 0
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
DATE: January 13,_1977
TO: Neal Berlin
City Council
FROM: Dick Plastino
RE: Land Planning a Drainage Control in the Pepperwood
Addition to Iowa City, Iowa
A subdivision plan has been submitted to the City which has
implications for the development of an entire section of this
community. The Pepperwood Addition. is located south of K -Mart
and water drainage for this area is being handled by a large,
manmade ditch that runs in an east/west direction, goes under
Sand Road and finally drains to the Iowa River. -
The developers propose that no remedial measures betaken
on this ditch. Ir seems clear that in a few years, the
property owners in the area 'di11 at
that the City either
enclose the channel or take other remedial measures.
It is the job of the City to insure that development within
the community is harmonious and, in the case of storm drainage,
that common sense be used. Whatever is done with the first
subdivision in this area will set the precedent. Public Works
recommends that a freeze be put on this subdivision until
the developer makes efforts to come up with a solution to
this ditch. Under no conditions can a ditch th atlis approxi-
mately 20 feet deep and 70 feet across be allowed to exist
in a residential area.' Although it is the subdivider's duty
and obligation to propose solutions, in the absence of any
efforts on the part of the developer, the City would suggest
three tentative solutions:
1. Put the flow in a pipe. By restricting stormwater
run-off from each subdivision to the amount allowed
by the Stormwater Management Ordinancea fairly
small pipe could be put in and the entire ditch
covered in;
2. Grant a waiver from the Stormwater Management Ordinance
and leave a channel to handle the existing run-off.
The channel itself would have a paved bottom and side
slopes of at least 4 to 1 slope so it could be mowed
and maintained.
page 2. •
Land Planning/Pepe erwood Addition
3. Completely fill in the ditch and return water
flow to the natural drainage that existed several
years ago. The existing ditch is an artificial one
and it actually cuts through land that slopes uphill.
In summary, the subdivider must answer the following questions:
1. What provisions will be made to eliminate the
present ditch which is a hazard to citizens and
inconsistent with good land planning and common
sense;
2. Who is going to mow, clean and maintain this
drainage way.
The purpose of our recently enacted Stormwater Management
Ordinance is to "promote the health., safety and general
welfare of the population by minimizing or eliminating dangers
of flooding to life and property."
2t is the duty and. obligation of the City and all subdividers
and consulting engineers to insure that these tro rds are
turned into practice. Subdivision design that ignores the
existence -of a waterway such as this, should be stopped
before it starts. It is the obligation of the City to
cooperate and work with dedicated and conscientious designers
and developers to 'resolve problems in an economic and equitable
manner. When any designer or developer shows little or no
regard for a problem as obvious as this one, it is felt that
the City should withdraw cooperation and place every available
obstacle in the path' of that development.
RJP:bz
cc: Don Schmeiser
Planning and Zoning Commission
City of Iowa City
DATE: January 13, 1977
TO: Neal Berlin, City Manager
FROM: Eugene Dietz, City Engineer
RE: Pepperwood Subdivision
This Memo is written to clarify the Engineering Division's concerns
regarding storm water management in the Pepperwood Subdivision, and
also explain our timing in presenting these concerns to the Planning
Commission. The original preliminary plat was submitted to the City
in late September or early October. There has been three subsequent
revisions, the last being given to the Engineering Division on
January 5, 1977 -- the day before it was scheduled before the
Planning and Zoning Commission.
The initial attempt at storm water management was directed at trying
to store all the excess water within the perimeter of the Sub-
division. Subsequently, the Developers Engineer felt there was a
strong case to use the clause in the ordinance which allowed for
little or no on-site retention of storm water if it could be shown
that no damage would be created down stream. We received the
calculations supporting this idea on approximately December 13, On
December 20, Chuck Schmadeke and I met with the Developers Engineer
to review this submittal. At that meeting, the Developers Engineer
was informed that a less restrictive approach would be agreeable if
consideration were given to the drainage ditch itself for handling
the water from the area. Attached are two pictures which show the
eroding condition of the drainage ditch and the reason for our
concern. Also, it was pointed out that the water from the up -stream
storm sewer would have to be piped through the Subdivision. The end
w result was that the day before the Planning and Zoning meeting, we
received another copy of the plat that did not address all of our
requested changes. There is a great deal oT—rhetoric I have deleted
for the sake of brevity. However, when we are allowed a day for re-
view the best we can do is give our "last minute concerns".
The way P F, Z ultimately handled the problem is completely satisfac-
tory, since they approved the subdivision contingent to satisfactory
resolution of the drainage problems,which can be dealt with prior to
final plat approval. It is, however, necessary that Council put the
same restrictions on their pending approval. Basically, the entire
ditch needs to be improved between the subdivision and where it
crosses So. Gilbert Street to handle the overflow condition in a 100
year storm beyond that which will be carried in a pipe. I can under-
stand the Developer wanting to wait until more of the area ad)'acent
to the drainage way is Improved before undertaking the task,' however,
I believe the pictures show an already deteriorated condition adjacen
to Hill Top Trailer Court which can only be aggravated by more devel-
opment prior to Its improvement. Practically speaking, it may be
best that the ditch itself be included within the boundary of the
subdivision,
Y r.
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STAFF REPORT
To: Planning and Zoning Commission Prepared hy: Don Schmciser
Item No.: S-7642 (late: 1/6/77
GENERAL INFORMATION
Applicant:
Edward J. Gatens
2010 Glendale Road
Iowa City, Iowa 52240
Requested Action:
Preliminary plat approval
Purpose:
To establish 11 lots for
single family residences
and 16 lots for multi -family
residential use
Location:
Approximately one-half mile
south of city limits in
Johnson County and east of
county road which extends
south from Sycamore Street
Size:
15,83 acres
Existing Land Use:
Partially undeveloped and two
multi -family residential
buildings
Surrounding Land Use:
North - undeveloped
East - undeveloped
South - farmstead and undeveloped
West (across county road) -
undeveloped
Applicable Regulations:
Subdivision requirements of
Chapter 9.50 of the Municipal
Code and provisions of the
Storm Water Detention Ordinance
Limitation Period:
1/29/77
SPECIAL INFORMATION
Public Utilities: Sanitary sewers and water mains
will be privately owned and
maintained.
Public Services: Police and fire protection will
be provided by Johnson County.
0
Transportation:
Physical Characteristics:
ANALYSIS
0
Adequate access is available
from the county road on the
west.
The topography is gentle with
a slope range from 0 to 2
percent.
Although the subdivision is located within the county, it is within the
extraterritorial jurisdiction of the City. According to the platting
provisions of Chapter 409 of the Iowa Code, therefore, city approval is
required. Apparent concerns of the Staff, however, do not necessarily
relate to the subdivision but to the zoning and development of the site
specifically as it relates to the entire area south of the city limits
which could be annexed to the City in the distant future (or near future
depending upon the construction of a new sewage treatment plant in the
Snyder Creek watershed). These are concerns, however, over which the
City has no control.
Other than to incorporate the deficiencies and discrepancies noted below,
it is suggested that the plat be revised to eliminate the angular loop
street and that in lieu thereof, a cul-de-sac be provided, at much less
expense, to serve lots 20 through 27. Access to lot 19 could be provided
via a 35 foot frontage connection to Kathleen Street.
An interesting feature of the subdivision is the "common use area" between
the lots fronting on Daniel Circle and Kathleen Street. The subdivider
has indicated that this area, a buffer strip between proposed single family
homes and multi -family residential development, and the streets will be
owned and maintained by a home owners' association.
# RECOMENDATIONS
The Staff recommends that consideration of the preliminary plat be deferred,
but that upon revision of the plat incorporating the deficiencies and
discrepancies noted below, the preliminary plat be approved and that a
variance be granted in the construction of streets in compliance with City
specifications.
DEFICIENCIES AND DISCREPANCIES
1. Street grades should be indicated.
2. pifteen foot radii should be provided at the intersection of the
streets with the county road and at the intersection of Daniel Circle
with the turnaround.
0 0
-3-
3. A 10 foot sanitary sewer casement for future sanitary sewer service
should be provided along the easterly boundary line from Kathleen
Street south.
4. The Contour level should be referenced to mean sea level or Iowa
City datum.
S. The provisions of the Storm Water Detention Ordinance should be met.
6. Kathleen Street should be renamed Kathleen Avenue.
ATTACINENT
Location map
ACCOMPANIDIENT
Preliminary plat
Approved by:
Dennis Kraft, Director
Department of Community Development
G.
.1 , I A , -Y
10AA CITY
SCALE 1";2000*
_jLO U t4_0 A &Y
-sijbbiv
COUNTY_ ROAD,
i
LOCATION MAP
i
STAFF REPORT
To: Planning and Zoning Commission
Item No.: S-7643
GENERAL INFORMATION
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable Regulations:
Limitation Period:
SPECIAL INFORMATION
Public Utilities:
0
Prepared by: Don Schmeiser
Date: 1/6/77
Merrell M. Johnson
SOS 9th Avenue
Coralville, Iowa 52241
Preliminary plat approval
To establish nine lots for
multi -family residential use
West of Mormon Trek Boulevard,
north of Mark IV apartments
and approximately 500 feet
south of Melrose Avenue
3.42 acres
Single family residence and R3
North - church and R3
West - undeveloped and R3
South - multi -family apartment
buildings and R3
East (across Mormon Trek
Boulevard) - undeveloped
(approval granted for
multi -family apartment
buildings) and RIB
Subdivision requirements of
Chapter 9.50 of the Municipal
Code and provisions of the
Storm Water Detention Ordinance
1/28/77
All public utilities are
available and adequate to
serve the proposed development.
0
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Public Services:
Transportation:
Physical Characteristics:
ANALYSIS
i
Sanitation service and police
and fire protection arc
available and will not be
overburdened by the proposed
deve 1 opment .
Adequate access is available
from Mormon Trek Boulevard.
The topography is gentle to
steep with a slope range from
0 to 8 percent.
The nine lots proposed in the subdivision range in area from 12,000 to 18,000
square feet. Zoned R3, the site has sufficient area for a maximum total of
approximately 36 multi -family dwelling units. The existing residence, as
illustrated on Lot 9, could subsequently be converted to a five-plex. A
combined recreation, parking and storm water detention area is proposed in
the northwest corner of the site.
There are no apparent constraints in the subdivision and subsequent development
of the site.
RECOMMENDATIONS
The Staff recommends that consideration of the preliminary plat be deferred,
but that upon revision of the plat incorporating the deficiencies and discrep-
ancies noted below, the preliminary plat be approved.
DEFICIENCIES AND DISCREPANCIES
1. The distances of the existing residence illustrated on Lot 9 to lot lines
should be indicated.
2. A circular median within the turnaround should be illustrated and
dimensioned.
3. The sanitary sewer should be located out from under the paved surface
of the turnaround.
4. Contours should be referenced to mean sea level or Iowa City datum.
S. A reference note should be included to indicate the connection of the
proposed sanitary sewer to an existing sanitary sewer.
6. The provisions of the Storm Water Detention Ordinance should be met.
I
0
0
ATTACIAtENT
Zoning and location map
ACCOMPANIMENT
Preliminary plat
•
-;-
Approved by:
("/k��
Dennis Kraft, Director
Department of Community Development
MGVi- S(--ViCk
9
I
9 90 12010 nO
_
FILE
NUMBER:
I
moRTH
GRAPHIC SCALE: fr660'
s-76¢3
I
•
IOWA
CITY
.:err✓ /2 -'h
NEIGHBORHO®D
REDEVELOPMENT
PLAN
CHA►PTE R 403
STATEMENT OF INTENT
9/
TABLE OF CONTENTS
Arca Description..............2
Program Plan ...................
403 Procedures Summary ........ 7
Maps:
Planning Area.................9
Residents' Income ............ 10
Parks and Schools ............ 11
Land Use.....................12
Appendix:
Background Inlormation....... 13
RECEIVED h APPROVED
BY THE LEGAL DEPARTMENT'"�
AREA DESCRIPTION
CEOCRAPHIC NKRIPTION
An area bounded on the west by the Iowa River, on the south by highway (1, then
north on Sycamore to the Chicago, Rock Island and Pacific Railroad, then southeast
to First Avenue, then north to Court Street, then west on Court Street to Ralston
Creek, then bounded by Ralston Creek on the cast to the southern and eastern
limits of Ifi.ckory hill Park then north through hickory hill Park and Oakland
Cemetery, then west to the north of the lots on Dodge Street and Out Lots 1 S
through 19 to the Iowa River.
SOCIAL. ENVIROMIEN1'
1. Community Facilities and Services
a. Schools: Central Junior High School, Henry Longfellow Elementary,
Horace Mann Elementary, Henry Sabin, Iowa City Catholic Elementary,
University of Iowa, Mark Twain Elementary
b. Neighborhood Parks: Court hill, Creekside, Market Square, Benton
Street, Happy hollow, hickory Hill, College hill Park
c. Other facilities and services: Public transit is within easy walking
distance of almost all residential structures. The City of Iowa City
r
police and fire station are in the planning area and can easily serve
residents.
2. Imploymeht Centers and Commercial Facilities
The following major facilities service this planning area: University of
Iowa, Central Business District, Towncrest shopping area, Mall Shopping
Center, Mercy hospital, and several neighborhood grocery stores. Major
employment locations of project area residents have not been determined nor
is the information available.
PHYSICAL ENVIROMIEN1'
1. Land and Climate
The project area contains three major soil series, Down Silt Loan (162) ,
Fayette Silt Loam (163) and a Colo -Ely Complex (11).
The Down's soils consist of moderately dark colored, well drained, silty
soil. They developed in loess under both forest and grass vegetation.
They are the prairie -forest equivalent of Tama soils. They have a very
2
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Clark brown silt loon A2, or subsurl'ace layer. The subsoil is dark hrou%11,
moderately permeable, silty clay loan free of mottles to about 30 to 36
inches. The substratum is leached, mottled yellowish brown, silt loam.
The Downs soils occur predominately on gently sloping to moderately
sloping land (2 to 9%) and are subject to erosion. The general urban
developability of these soils is good to fair.
The Payette series consists of light colored, well drained, silty soils.
They formed in loess under forest vegetation. They occur on convex ridge
tops and gently to strongly sloping sideslopes (2 to 141o). Where not eroded,
they have dark gray silt loam surface layer 2 to 4 inches thick; a grayish
brown, silt loam subsurface layer, or A2 horizon, 4 to R inches thick. The
surface and subsurface layers may be partially or completely removed by
erosion. The subsoil is yellowish brown, moderately permeable, silty clay
loam. The substratum is yellowish brown silt loam with some grayish mottles.
The general urban developability is slight to severe as the slope dictates.
Colo -lily is a complex of the black, poorly drained Colo and the very dark
brown, somewhat poorly drained lily soils. This complex is located in the
relatively narrow upland drainage ways. The Colo is in the center of the
delineation with the watercourse running through it and the Illy occurs in
narrow bands along either or both sides of the footslopes. These areas are
subject to brief flooding. 'these soils present severe limitations in their
development for urban uses.
Parts of the Ralston Crock flood plain are found in the Rehabilitation Areas.
Ralston Creek is a 5,600 acre (8.75 square mile) watershed and the cast bank
tributary of the Iowa River. It flows through the Rehab Area in a westerly
direction. Approximately 50 percent of the watershed area is urbanized and
50 percent is in agricultural uses. 'I'he urban land use is in the downstream
half of the watershed. It is the continued development of the upper watershed
that has created an increased frequency of flooding in older developments
downstream. The pilot programs are in this older part of the city. Most
flooding in the project area is along Rundell Street from Sheridan to Muscatine
Avenues. Residential structures suffering the greatest amount of flood
damage are those structures which encroach on the floodway.
2. Vegetation, Wildlife and Natural Areas
Project areas are urbanized and therefore not valuable as a hahitat for
wildlife nor do they have undisturbed natural vegetation cover within their
bounds. The types of vegetation that do oxist are characteristic of
urban residential development and include the following, interstital forest
(severely damaged by Dutch lilm disease), parks and green zones, vegetable
and flower gardens, and intcrstital grasslands (private lawns).
Natural areas do exist along Ralston Creek. Most of this vegetation is a
result of neglect and consists of heavy weed cover, shrubs, and small trees.
The density of this vegetation provides valuable cover and refuge for small
n annals indigenous to this area (e.g., muskrats, squirrels, rabbits, song birds
and others, etc.). Ralston Creek is an intermittent stream which does not flow
during prolonged periods of dry weather, aquatic life is limited. There are
no endangered species of fish or the aquatic life which inhabit the creek.
rI
3. Surrounding Land Uses
0
The nature of existing land uses within this area is mixed. Land use intensity
is greater in the western part of the planning area as it is close to the
business district (i.e., multi-fwnily and commercial). 'I%qo neighborhood
parks (10.9 acres) and two schools (Central Junior High and Henry Longfellow
Elementary) serve this area. Typical single family housing is old, 70 years.
I
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PROGRAM PLAN
COALS AND ORJFMVFS
Under Chapter 403 of the 1975 Code of Iowa, a comprehensive neighborhood improvement
program has been established. ']his program will utilize any appropriate private
and public resources to eliminate slums and urban blight and to encourage needed
urban rehabilitation. This program may include, without limitation, provisions .for:
prevention of the spread of blight by enforcing housing, zoning, occupancy controls
and standards, and by encouraging rehabilitation and repair of deteriorated and
deteriorating neighborhoods. The program will support neighborhood rehabilitation
through a number of activities. Financial and technical services are of particular
significance to achieving these objectives.
FINANCIAL. ASSISDV4CG
Many times low and moderate income owners Cind they are unable to meet property
repair and maintenance costs. If they find that this is the least expensive avail-
able structural alternative, they may be tolerating and ignoring substandard conditions
to remain in affordable quarters. The rehabilitation program will provide financial
assistance to pay for improvements which will bring the structure up to decent, safe,
and sanitary conditions.
The program may use grants, loans, and/or other financial means which are deemed
necessary and are lawful to achieve the goals of the rehabilitation project.
Grants: may be offered to low income property owners. The maximum amount of the
grants will be based on previous experience of other similar projects and the
overall quality of the structures encountered in the designated area. The amount
of the grant in individual cases shall depend on the value of work required to bring
the dwelling into a decent, safe and sanitary condition.
Loans: may he offered to eligible owners who are in need of financial assistance
for maintenance work. The maximum loan amount shall be determined based on other
programs' experience and the existing structural conditions within the designated
area.
TGCIWICAL AND CONSI'RUC1'ION S1:10110ES
The program will offer, in addition to pertinent and necessary financing services,
whatever construction and/or special technical service that is deemed necessary
for the successful promulgation of the area rehabilitation project. 'Chose technical
services will generally use adopted ordinances and/or regulations to establish
construction guidelines. These guidelines will then be used in conjunction with
locally accepted practices to pursue structure rehabilitation.
5
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In addition to city standard-specifiCd work, the rehabilitation program may also
perform work in such areas as energy conservation, fire detection, architectural
barrier removal, and others which are not specified but are considered necessary
and lawful to make the structure decent, safe, and sanitary.
OF] IER ACHV ITT GS
Activities carried out as part of this program might include development of a
neighborhood improvement resource center, property acquisition -rehabilitation-
disposition, site improvements, systematic code enforcement, planned neighborhood
development, and/or any other activity deemed necessary and authorized by law.
7.
E
403 PROCEDURES SUMMARY
i
Chapter 403 of the )975 Code of lown, ns vuonded, nuthorizod critics to ox ercisc
"urban renewal project powers" and certain other powers for the rehabilitation
and redevelopment of blighted areas. Certain provisions are to he fulfilled in
order to exercise these powers. 'lliese requirements are underlined, followed by
the method of satisfying the requirement.
1
Fi
Bli %ted Arcas 1xist in
on, Re evelonment ora
The Resolution of Necessity (76-447) was adopted by the City Council on
December 14, 1976.
2. Resolution Determinin That the Project Area is_a Slum or Blighted Area
or a Combination 7 creo an Annronrla�or an Urban Pro]ect,
The Resolution designating the area as containing slum or blighted areas
and appropriate for a Neighborhood Redevelopment Project (Urban Renewal)
was passed by the City Council on December 14, 1976, (76-447).
3. Prepare a Plan for Urban Renewal.
The nlan presented in this presentation summarizes the City's intent to
comprehensively evaluate neighborhood problems and implement redevelopment
programs.
4. P
Commission Reviews the Pronosed Plan and Submits Recom-
'lan for Development.
The Neighborhood Redevelopment Plan was reviewed by the Planning and Zoning
Commission January 6, 1977. Written recommendations are to be submitted
to the City Council soon thereafter.
S. Public Hearing %lust Be Ifeld.
Public hearings have been held for each of the Community Development Block
Grant applications submitted to the U.S. Department of (lousing and Urban
Development in 1975 and 1976. An additional public hearing will be held to
discuss this particular neighborhood improvement plan.
6, Approval of the Urban Renewal (Neighborhood Redevelopment) Plan by the City Council
a. A feasible method exists for relocating families
All families and individuals from the area will be offered decent, safe
and sanitary acconanodations within, their means and without undue hard-
ship to such families.
7
b. The Nei hboHLod MleveIomient 1'1,11 conforms to the general plan
n-rr: --
'I'he Plan will he I'uulld not to he, inconsistent with the comprehensive
planning and development of Iowa City.
The Resolution approving the Urban Ronewal (Neighborhood Redevelopment)
Plan will be presented to the City Council for adoption following the
aforementioned procedures.
If the City desires to modify this plan, it may do so after holding a public
hearing on the proposed change in accordance with applicable State and local law.
I:i
,4W,4460- /Ne4A-9/970 CEi(eUS
❑ ->A 13=A
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Iowa City I'; --Irks ,�c I�uulS
1
Airport Bary
t,•ghwnr 71R
A
Ci neat -tumor High
171 N .ion• i...i• •.
2
Black Sllrillgs Carle, Ildl P. hO Snnel
B
Cil%' High
IAOO mow'•q.. •u,'11•
3
I:ruokhlnd Park
WNIe 8 Mndnn...
C
Heaver
72W 1 Gn.lt tit
4
City Park
Pnrk Road R luwa Rroer
D
Hinn
600 1.—, f,,, -
S.
College Given Park
W"%I.nigtpn h Dodge
E
Lf,mine
3100 Wml.... wtw, St
6
Court Hill Park
2875 rrmndship St
F
Lincoln
300 Teehat Conn
7.
Crandic Park
Rocky Shote Or 8 Ddl
19
Reno Street
Reno Street
G
Longfellow
1130 Seymuu: A;•:
8.
Creekside Park
Muscahne & 51h Ave
20.
Sturgis Ferry
South Riverside Drive
H
Lucas
830 Soull lawn Dia.
9
Elm Grove Park
Brenton & Clinton SI
21.
TP.rrill MITI N Ouhuoue
& Taft Speedwev
I
Mann
521 N Doddn St
10
Fairmeadows
Western Runp
22
Villa
Westgate Street
J
Regina High School
Rochester avrn.i••
11.
Glendale Glendale Rd • E Ralston Cr
23
Willow Creek
West Benlon
K
Roosevelt
724 W 6,<nwi 5:
12
Happy Hollow Brown
Si & Governor SI
24
Mini•Parks.
L
Sabin
509 S L%ounae �'
13
Hickory Hill
Davenport 8 71h Ave
a Highland
Highland & Keokuk
M
Shimek
140[,G••s;r• Pi
14.
I•a0 Strip
East of ACI
b Tower Court
Tower Court
N
-Southeast Junior High
15.
Mercer, Leroy S.
eiadfotd & Dover
25.
South Central
Taylor Drive
2501 Bra i• •.. ^•
16
h7e5ryuiiklB
South Rweryitle Do.n
26
Northeast
Princeton Roan
0
Twain
1355 D••i`•"-.•
17.
N..Mr!rLut Square
P:,.•t!.•m R,lohosuri
27.
Recreation Center
220 S Gotten
P
%gi,.sl High
7901 r,:a•-�• = •
18..,Oak.
Grove
P:ig, Stu•••i
28
West Landfill West of Murmon Trek Rd
0.
Wood
1350 S..u,.oe. SI
9
hrY RON
w:l
F
Inbnub 10
14
M
Whiny A...
t
21\
y
12 13
J
Sir
am
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17
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A Rock.Rrr Ar. q� _ 1
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t7 �, Ro•a
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7
`may (/. B 26 , 5 w..h.nvmn St
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eurynyion ei
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c0
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(_J24a
40 Rionbn4 Ae
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MEE EVOLUTION OF CDBG HOUSING REHABILITATION
In order to better understand our goals and objectives for property Rehabilitation,
let us review some of the old Federal programs that preceded block grant funding
and in so doing attempt to understand the development of the philosophy of "Rehab"
and the governmental supporting role.
Rehab is not a new program. It has been around as a federally funded program since
the 1960's, however, the approaches used in early renewal efforts differed consider-
ably from present goals and objectives.
CITY DEVELOPMENT
The establishment of cities as centers of trade or transportation resulted in a
clustering of structures forming a Central Business District (CBD) or a downtown.
Since the CBD was one of the earliest recognizable elements of a city it became
the first to show signs of obsolecence and deterioration. The citizens looked
at their CBD as the Heart of the City and when the "Heart" became old and weak
group concern pressed for means of revitalizing the heart to pump new life into
the entire city.
CITIES INITIATE RENEWAL
The Federal government responded to the request of cities for aid by developing
Urban Renewal programs for blight and slum elimination. Early planning methodology
stressed that old is bad and new is better, a sign of health and vitality. Old
structures were acquired, torn down and some new buildings built in their place.
As the downtown became "renewed" concern was voiced about the blight surrounding
the new downtown. The areas of concern were traditionally the oldest housing of
the city that through years of changing ownership, occupancy and demands for
maintenance resulted in a cluster of old structures, lacking modern conveniences
s and amenities. These older structures were long neglected in maintenance and
therefore were not considered as desireable housing by citizens who could afford
better accommodations.
Again, the planning and renewal approach was to tear down the blight and reuse the
land for more suitable and economically more profitable use such as expanding the
CBD area.
RESTORATION AND CONSERVATION
Many of the early renewal efforts were in the older large cities of the U.S.
Economic pressures of full development of these cities began to influence planners
to pressure for saving older structures. The masonry row housing of the eastern
cities lent itself well to preservation. Professionals argued that old is not
necessarily bad and European cities have viable housing that is centuries old and
the American. "throw away" culture cannot be applied to urban problems.
Practicioneers looked at the old row housing surrounding the CBD and developed
programs to restore the existing architecture. The programs were expensive, and
13
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monied investors were actively participating. The Federal government provided
lower than market loans under Section 220 of the !lousing Act. The results were
amazing. Where once slum housing existed, we now saw cleaned brick structures,
copper gutter systems, ornamental iron work, shutters, brass lanterns, brick
paving and gracious interiors. Housing resources, at government sponsorship and
financing -- not for the poor or middle class, but for the upper income people.
Fran slum to posh. Ghetto to Georgetown.
WHAT ABOUT 771E PEOPLE?
Little governmental concern was voiced regarding the people that lived in the
renewal area. The philosophy of renewal, in force at the time, work on the
premise that if we eliminate slum housing, the occupants of that housing will on
their own seek out and find decent, safe and sanitary housing. Economics were not
considered, and the poor had little political influence to change the trend.
As this pattern became repeated through even larger circles around the CBD's and
in city after city, the frustration and anger of the displaced poor became heard
in Council chambers and Congress and the chants of "Urban Renewal - Negro Removal"
became an issue to be dealt with.
The Federal government modified the Renewal structures to obligate cities
receiving Federal assistance to offer relocation assistance to displaced families,
and to change the planning so as to conserve more housing and minimize clearance.
CONSERVATION BECGIES REHABILITATION
The Federal government now instructed cities to control the construction standards
on their preservation programs to assure that the minimum requirements of Decent
Safe and Sanitary housing are met by requiring local governments to adopt housing
and building codes. To further assure a more lasting Rehabilitation effort, the
codes were reviewed for content (workable program certification) and if found to
be silent or weak in some area, obligated cities to incorporate within Urban
Renewal plans, Property Rehabilitation Standards (PRS) which obligated owners to
go beyond code in repairing their structures. Financial incentives to owners
came from Federal rehabilitation grants under Section 115 and low interest long
term loans under Section 312 of the Housing Act.
CONCENTRATED CODE. ENFORCEMENT PROGRMIS
One Federal experimental approach was the development of Concentrated Code
Enforcement programs (CE 117) which were intended to deal not with slum elimination,
but to complement Renewal efforts by permitting a city to receive Federal financial
assistance for a neighborhood beginning to show physical signs of deterioration.
The program methodology was to concentrate, within three years, housing code
enforcement efforts within that neighborhood to arrest the decline and stabilize
the community. Federal Rehab loans and grants were available to property owners,
and the city could provide capital improvements, but no clearance. The program
14
n
u
was designed to arrest blight and to assure
arrest, decent, safe and sanitary housing re
program elements were sound, but it never ac
housing 'officials rejecting funding requests
an area" and forcing conumnit.ies to attempt
in areas of housing deteriorated far beyond
environmental supportive tools available.
Housing Renewal wasn't working.
relocated citizens of other Renewal
sources within the community. The
hievel much success mainly due -to federal
from cities as being in "too goal of
to use the limited program benefits
the scope of the financial and
Concentrated Code Enforcement wasn't permitted to work, so the Federal government
tried something else.
NEIGHBORHOOD Db'VIIL.oRENr PROGRAMS
Old urban renewal regulations required a long period of time from the identification
of an area as requiring attention, to the actual receipt of Federal dollars. It
was not unusual to see five years pass before renewal activities began and seven
or more years before completion. Some cities today are laboring in Renewal programs
that are 20 years old!
The effect of this process was devastating. Instead of upgrading a neighborhood,
the decline of neighborhoods was accelerated. Owners would refuse to maintain
their properties because of the possibility of acquisition in the future. Rumors
of bulldozers coming caused residents to leave and stable re -occupancies were
difficult to encourage. Projects that were conceptualized as Rehab neighborhoods
deteriorated so completely that by the time of project execution they should have
been reclassified for clearance programs.
Neighborhood Development Programs (NDP) were designed to undertake planning and
execution simultaneously and were funded on an annual request basis. Although
relatively short lived, the program began to achieve success by involving the
citizens in the decision making process and by focusing in on neighborhood problem
solving, rehabilitation of existing housing, and producing results in relatively
short periods of time.
CCbA1UNITY DEVEL.OPb1EM BLOCK GRAM
In 1974 the Federal government decided to discontinue categorical funding of
individual projects such as NDP and instead allocate sums of money as Block Grants
to communities. Cities in turn could then design and implement programs suited
to their local needs and utilize the Block Grant monies in a more innovative and
expeditious manner.
In PY 1976, the City of Iowa City began receiving Block Grant funds (IICDA). Since
then budgets have been established for each of the yearly allocations. Responding
to citizen and Council interest, funds have been set aside each of the first three
years (of the five year Block Grant program) to be used for residential neighbor-
hood rehabilitation. The enabling legislation stipulates that HCDA funds be used
in low and moderate income areas of the City.
1.5
IDIAN RELt1TICNS OD1t1IISSIC
10.2.1 Declaration of Purpose
10.2.2 Anvers of the Commission
10.2.3 Definitions
10.2.4 Discriminatory Practice - Brnploymnt
10.2.5 Discriminatory Practice - Housing Transactions
10.2.6 Discriminatory Practice - Housing Accanodations or Services
10.2.7 Discriminatory Practice - Credit Transactions
10.2.8 Discriminatory Practice - Aiding or Abetting
10.2.9 Discriminatory Practice - Retaliations or Repraisals
10.2.10 Report of Discriminatory Practices
10.2.11 Investigation of Canplaints
10.2.12 Results of Investigation - Action to be taken
10.2.13 Conciliation
10.2.14 Proceedings upon Failure to Conciliate
10.2.15 Notice and Hearing
10.2.16 Findings and Order
10.2.17 Judicial Review - Enforcement
10.2.18 Human Relations Commission - Structure
10.2.19 Public Meetings and Records
10.2.20 Staff
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Chapter 10.2
IDIAN RELATIONS 00WISSICN
10.2.1 Declarations of purpose
It is the purpose of this ordinance to protect citizens of Iowa City
against discrimination as defined in this ordinance. To achieve that end, this
ordinance establishes the Iowa City Human Relations Commission whose duty it
shall be to disseminate information and provide the mediation, conciliation and
enforcement necessary to further the goals of this ordinance. Moreover, this
ordinance provides for execution within the City of Iowa City of the policies of
the Civil Rights Act of 1964 and the Federal Civil Rights Acts and the prarotion
of cooperation between the City of Iowa City and the State and Federal agencies
enforcing these acts.
10.2-2 Powers of the Commission
A. 7b receive, investigate, and resolve complaints of discrimination or complaints
alleging discriminatory practices, as provided in this ordinance.
To investigate and study the existence, character, causes, and extent of
discrimination in the areas covered by this ordinance and eliminate discrim-
ination by education, conciliation, and enforcement where necessary.
C. To issue publications and reports of the research and investigations of the
commission subject to the limitations of confidentiality.
D. To prepare and transmit to the City Council from time to time, but not less
often than once each year, reports describing its proceedings, investigations,
hearings conducted and the outcome thereof, decisions rendered, and the
other work performed by the coamission.
E. To make recommendations to the City Council for such further legislation
concerning discrimination because of race, creed, color, sex, national
origin, religion, disability, marital status, age or affectional preference
as it may deem necessary and desirable.
P. To cooperate, within the limits of any appropriations made for its operation,
with other agencies or organivations, both public and private, whose purposes
are not inconsistent with those of this ordinance, and in the planning and
conducting of programs designed to eliminate racial, religious, cultural
and other intergroup tensions.
0. To adopt guidelines by which to determine whether any conduct, behavior, or
action may properly be deemed a discriminatory practice.
H. To make recommendations to the City Manager and City Council regarding the
affirmative action program of the City and to offer assistance to City
Departments in ending discrimination in City employment and practices and
in the provision of services and other activities.
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10.2.3
Dee nitions
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A. "Afi'ectional preference" means having or manifesting an emotional or
physical attachment to smother consenting person or persons, or having or
manifesting a preference for such attachment.
D. "Age" means discriminatory practices toward persons who have passed the age
of majority.
C. "City Attorney" shall mean the duly appointed attorney for the City of Iowa
City or such person designated by him/her.
D. "Commission" shall mean the Iowa City Hsmian Relations Commission.
E. "Complainant" means a person who has filed a report of discrimination as
provided for by 810.2.10 of this ordinance.
F. "Complaint" means a report of discrimination as provided for by 810.2.10 of
this ordinance.
G. "Conciliation Team" shall mean a team of two members or more of the Camdssion
appointed to conciliate cases on which probable cause has been found.
H. "Court" means the District Court in and for the judicial district of the
State of Iowa in which the alleged unfair or discriminatory practice occurred
or any judge of said court if the court is not in session at that time.
I. "Credit transaction" means any open or closed end credit transaction including
but not limited to a loan, retail installment transaction, credit card
issue or charge, and whether for personal or for business purposes, in
which a service, finance, or interest charge is imposed, or which provides
for repayment in scheduled payments, when such credit is extended in the
regular course of any trade or commerce.
J. "Disability" means the physical or mental condition of a person which
constitutes a substantial handicap, but is unrelated to such person's
ability to engage in a particular occupation or transaction.
K. "EhVloyee" includes every person who works for wages, salary, or conmissions
or any combination thereof, and in context the term also includes those who
are seeking or applying for employment.
L. "Employer" includes all persons, £inns, or corporations, wherever situated,
who employ one or more employees within the City, or who solicit individuals
within the City to apply for employment within the City or elsewhere: the
tern includes the City itself, and all other political subdivisions, public
corporations, governmental units conducting any activity within the City,
and public agencies or corporations.
M. 111]nployment Agency" means any perx)n undertaking to procure employees or
opportunities to work for any other persx)n.
N. "Housing Accommodation" includes any improved or unimproved real estate
which is used, capable of being used, or intended to be used as a permanent
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or tanlxnnry residence or sleeping piece I'or one or more persons whether by
snle, lewse, or otherwise. It slxx:il•i(:ully includes lots Suitable for
single or mul0-hunil,y rosidentlal developmonL.
0. "housing 'Pransaction,, means the sale, exchange, rental or lease of ruil
property or housing accommodation and the offer to sell, exchange, rent or
lease real property.
P. "Investigator" means a person appointed by the City Nlan.,ger with the consultation
of the cannission, to investigate complaints filet] in accordance with this
ordinance.
Q. "Labor Organization" means any organization which exists for the purpose in
whole or in part of collective bargaining, of dealing with employers concern-
ing grievances, textus, or conditions of employment, or of other mutual aid
or protection in connection with employment.
R. "person" means one or more individuals, partnerships, associations, corpora-
tions, legal representative, trustees, receivers, the City of Iowa City,
Iowa, or any board, commission, department, or agency thereof, and all
other governmental units conducting any activity in the City.
s. "Public Accommodation" means a) either each and every place, establishment,
or facility of whatever kind, nature, or class that caters or offers services,
facilities, or goods to the general public for a fee or charge, b) each and
every place, establishment, or facility that caters or offers services,
facilities, or goods to the general public gratuitously shall be deemed a
public acconnodation if the accommodation receives any substantial governmental
support or subsidy. Public accambdation shall not mean any bona fide
private club or other place, establishment, or facility which is by its
nature distinctly private, except when such distinctly private place,
establishment, or facility caters or offers services, facilities, or goods
to the general public for fee or charge or gratuitously, it shall be deemed
a public accommdation during such period.
T. "Respondent" means a person who is alleged to have connitted an act prohibited
by this ordinance, against who a complaint has been filed, as provided by
this ordinance.
10.2.4 Discriminatory Practice
Bmployment
A. It shall be unlawful for any employer to refuse to hire, accept, register,
classify, upgrade or refer for employment, or to otherwise discrmiinbecate in
employment against any other person or to discharge any employ
of
the race, color, creed, religion, national origin, age, sex, affectional
preference, marital status, or disability unless such disability is related
to job performance of such person or employee.
B. It shall be unlawful. ['or any labor organization to refuse to admit to
membership, apprenticeship or training an applicant, to expel any member,
or to otherwise discriminate against any applicant Cor membership, appren-
ticeship or training or any member in the privileges, rights, or benefits
of such membership, apprenticeship or training because of the race, creed,
color, national origin, religion, age, sex, marital status, affectional
prel'erence or disability of such applicant or member.
C. It shall be unlawful for any employer, employment agency, labor organization,
or the unployees or mombers thereof to directly or indirectly advertise or
in any other manner indicate or publicize that individuals of any particular
race, creed, color, national origin, age, religion, sex, marital status,
affectional preference or disability are unwelcane, objectionable, or not
solicited for employment or membership.
D. Exceptions. This section shall not apply to any bona fide religious
institution with respect to any qualifications for employment based on
religion when such qualifications are related to a bona fide religious
purpose. Nor shall it apply to an employer or employment agency which
chooses to offer employment or advertise for employment to only the disabled
or elderly. Any such employment or offer of employment shall not, however,
discriminate among the disabled or elderly on the basis of race, color,
creed, religion, national origin, age, sex, marital status, and affectional
preference.
10.2.5 Discriminatory Practice
Housing
A. It shall be unlawful for any person to refuse to engage in a housing trans-
action with any other person because of race, color, creed, religion,
national origin, age, sex, affectional preference, marital status, or
disability.
B. It shall be unlawful for any person to discriminate against any other
person because of race, color. creed, religion, national origin, age, sex,
affectional preference, marital status, or disability in the terms, conditions
or privileges of any real estate transaction.
C. It shall be unlawful for any person to directly or indirectly advertise, or
in any other manner indicate or publicize in any real estate transaction
that any person because of race, color, creed, religion, national origin,
age, sex, affectional preference, marital status, or disability is unwelcome,
objectionable, or not solicited.
D. Exceptions:
1. Any bona fide religious institution with respect to any qualification
it may impose based on religion when such qualifications are related
to a bona fide religious purpose.
2. The rental or leasing of four (4) or less roans within an owener-
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 accommo-
dations by nonprofit corporations.
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4. Restrictions based on sex in the rental or leasing of housing acconnudations
within which residents of both sexes would share a common 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 the excess of the requirements of Chapter 104A,
Iowa Code.
6. dousing accorodations may be designated specifically for the elderly
and disabled, however, housing accomdations nay not be restricted
among the elderly and disabled on the basis of race, color, creed,
religion, national origin, sex, marital status, and affectional preference.
10.2.6 Discriminatory Practice
Public Accommodation
A. It shall be unlawful for any person to deny any other person the full and
equal enjoyment of the goods, services, facilities, privileges, advantages
of any place of public accommodation because of race, color, creed, religion,
national origin, age, sex, marital status, affectional preference or
disability.
B. It shall be unlawful to directly or indirectly advertise or in any other
manner indicate or publicize that the patronage of persons of any particu-
lar race, color, creed, religion, national origin, age, sex, affectional
preference, marital status or disability is unwelcome, objectionable, or
not solicited.
C. E7cceptions:
1. Zhis section shall not apply to any bona fide religious institution
with respect to any qualifications the institution may impose based on
religion when such qualifications are related to bona fide religious
purpose.
10.2.7 DiscriminatoryPractice
Credit Transactions
A. It shall be unlawful for any creditor to refuse to enter into any credit
transaction or to impose finance charges or other tens or conditions more
onerous than those regularly extended by that creditor to applicants of
similar economic backgrounds because of race, color, creed, religion,
national origin, age, sex, marital status, affectional preference or physical
disability.
B. Exceptions. Refusal by a creditor to offer credit lire or health and
accident insurance based upon the age or physical d1sahtlity or the
consumer shall not violate the provisions of this section provided such
denial is based solely upon bona fide underwriting considerations not
prohibited by Litle KX Code of Iowa.
The provisions of Lhis section shall not be construed by negative implica-
tion or otherwise to narrow or restrict nny other provisions of this
ordinance.
10.2.8 Discriminatory Practice
Aiding; or Abetting
It shall bo a violation o1' this ordinance for any person to Intentionally aid,
abut, axxgwl, or cxx.,co another pervm to engage in any of the practices dechu•cxi
to constitute discriminatory practices by this ordinance.
10.2.9
Discriminatory Practice
Retaliations or Reprisals
It shall be a violation of this ordinance for any person to discriminate against
another person because such person has either lawfully opposed any discriminatory
practice forbidden by this ordinance, obeyed the provisions of this ordinance,
or has filed a complaint, testified, or assisted in any proceeding under this
ordinance.
10.2.10 Report of Discriminatory Practices
A. The following procedures are the only authorized methods for reporting a
discriminatory practice to the commission:
1. Any person claiming to be aggrieved by a discriminatory practice
within the City limits of Iowa City, Iowa may by himself/herself or by
his/her attorney, make, sign, and file with the comission a verified
written complaint which shall state the name and address of the
person, employer, employment agency, or labor organization alleged to
have committed the discriminatory or unfair practice of which com-
plained, shall set forth the circumstances under which the discrim-
inatory practice took place, the date, and shall contain such other
information as may be required by the commission.
2. The commission, a connmissioner, a city attorney, the Iowa Civil
Rights Commission, or any other person aware of the existence of a
discriminatory practice may in like manner make, sign, and file such
complaint.
B. Any complaint filed under this ordinance shall be so filed within 120 days
after the most recent act constituting the alleged discriminatory practice.
C. A verified copy of a complaint filed with the Iowa Civil Rights Commission
under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be a
sufficient complaint for the purpose of this ordinance, if it alleges
either in the text thereof or in accompanying statements that the alleged
discriminatory practice occurred within this City.
10.2.11 Investigation of Complaints
A. After the filing of a complaint, a true copy thereof shall be promptly
served by registered mail to the person against whom the complaint is
filed. Then a commissioner, the investigator, or another duly authorized
manber of the commission's staff, shall make a prompt investigation of the
complaint.
B. The scope of the investigation of such complaints shall include, but is not
limited to, the power to subpoena all books, documents, and records of the
person charged which may be relevant to the alleged discriminatory practice.
C. The investigator shall determine whether probable cause exists to believe
that the person charged in the complaint has committed a discriminatory
practice and shall file a detailed report with the city attorney. After
completion of this determination, the city attorney shall send to the
commission, a written statement of reasons as to whether or not probable
cause exists to believe that a discriminatory practice occurred as alleged
by the complainant.
D. At any time after the initial filing of a complaint of unfair or discrim-
inatory practice, but before the Investigator's recommendation to the city
attorney, the investigator may seek a disposition of the complaint thru the
use of Pre -determination settlement if such settlement is in the interest
of the complainant. Pre�detennination settlement(s) shall be subject to
review by the city attorney and shall be approved by the whole corrmission
in executive session.
10.2.12 Results of Investigation
Action to be Taken
A. Finding - No Probable Cause:
If the investigator finds no probable cause to believe that the person
charged has committed an unfair or discriminatory practice, and the
city attorney concurs with that finding, he/she shall report the same
to the commission. If the commission agrees that no probable cause
does exist, it shall notify the parties in writing by certified nail,
return receipt requested, of the findings and of the complainant's
right to appeal therefrom. If the commission disagrees as to no
probable cause, the commission shall make the final determination on
probable cause proceed as provided in this chapter.
2. If the complainant fails to object to the finding of no probable cause
within ten days of receipt of such written notice, the co alission
shall close the case. 'Ihe secretary of the connission shall report
this finding to the Iowa Civil Rights Commission.
3. If the complainant objects in writing to the finding of no probable
cause within ten days of receipt of such written notice, the com-
mission shall hear his/her evidence in executive session. If the
commission again finds no probable cause to believe that the pert -cm
charged has committed a discriminatory practice, it shall declare the
case closed. After appeal, if' the commission finds probable cause to
exist, it shall proceed as provided in this chapter,
4. If the investigator and city attorney disagree as to probable cause,
the comdssion shall make the final determination on probable cause
and proceed a5 provided In this chapter.
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B, Finding - Probable Cause:
If the investigator fin
charged has camAtted an
city attorney concurs in
the commission.
ds probable cause to believe that the person
unfair or discriminatory practice, and the
that finding, they shall report the same to
Upon the finding of probable cause to believe that the person charged
has committed a discriminatory practice, a conciliation team shall
promptly endeavor to eliminate such discriminatory or unfair practice
by conference, conciliation, and persuasion in accordance with remedies
provided in Section 10.2.16.
10.2.13 Conciliation
A. Results of Conciliation:
If the conciliation team is able to effectuate a disposition agreeable
to the complainant, the person charged, and the camission, such
disposition shall be reduced to a written stipulation and executed by
the parties and the agreement reported to the commission.
If the person charged and the conciliation team agree to a disposition
but the complainant fails to agree, the team shall report the matter
to the commission in executive session. If the commission accepts the
conciliation agreement presented by the conciliation team and the
person charged, it shall close the case (subject to continuing supervision
of the charged party as provided in the agreement) and communicate the
terms of the agreement to the Iowa Civil Rights Commission. MIS
shall not prevent the cornplainant from taking other action as provided
by law. If however, the commission rejects the conciliation agreement,
it may direct that further attempts at conciliation be made or proceed
as provided in this chapter.
3. If the complainant and the person charged reach ammutually agreeable
disposition of the complaint, but the conciliation team does not wish
to ratify such agreement, the complainant and the person charged may
proceed according to the terms of their agreement with no further
involvement by the conciliation team and the commission shall thereafter
close the case. Such action shall not, however, in any way prevent
the commission as a non—party to the agreement entered into between
the complainant and the person charged, from subsequently filing a new
complaint against the person charged concerning the same alleged
discriminatory practice.
10,2,14 Proceedings upon Failure to Conciliate
If the conciliation team is unable to effectuate a disposition agreeable to
the parties within 90 days, it shall file a report of no conciliation with
the commission and recommend what further action as provided herein should
be taken, Similarily, if the commission rejects the conciliation agree-
ment, it shall determine what action as provided herein shall be taken,
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B. A conciliation temp may recommend:
1, that no further action be taken thus closing the case.
2. that the comnission cause to be served a written notice requiring the
respondent to answer the charges of such complaint at a hearing before
the commission.
10.2.15 Notice and Hearing
A. In case of failure to satisfactorily settle a complaint by conference
conciliation, and persuasion, the commission may issue and cause to be
served a written notice together with a copy of such complaint, as the same
may have been amended, requiring the person charged to answer such complaint
in writing within ten days after the date of such notice or within such
extended time that the commission may allow.
B. When the conciliation team is satisfied that further endeavor to conciliate
shall be futile, the team shall report the same to the commission. If the
commission determines that the circumstances warrant, it shall issue and
cause to be served a written notice requiring the person charged to answer
the charges of such complaint at a hearing before the commission or such
other person designated by the commission to conduct the hearing, hereafter
referred to as hearing examiner, and at a time and place to be specified in
such notice.
C. The case in support of such complaint shall be presented at the hearing by
the city attorney or his/her agent. The members of the commission who
investigated or attempted to conciliate the complaint shall not participate
in the hearing except as a witness nor shall they participate in the
deliberations of the comnissi.on in such case.
D. The person charged nay file a written verified answer to the complaint, and
may appear at the hearing in person, with or without counsel, and submit
testimony. In the discretion of the hearing examiner, a complainant may
be allowed to intervene and present testimony in person or by counsel.
When the person charged has failed to answer a complaint at a hearing as
provided by this section, the commission may enter his/her default. For
good cause shown, the commission may set aside an entry of default within
ten days after the date of such entry. If the person charged is in default,
the commission may proceed to hear testimony adduced upon behalf of the
complainant, After hearing such testimony, the cammission my enter such
order as in its opinion the evidence warrants.
F. The commission or the complainant shall have the power to reasonably and
fairly amend any complaint and the person charged shall have like power to
amend his/her answer.
The commission shall not lx; Lound by tine strict mules of eviduimur pre-
vailing in courts of law or equity but the right of cross-examination shall
be preserved. Plaintiffs nha ll bear the burden of pmvinp, the allegations
0
in the ccnmplaint. The testimony taken at a hearing shall be under oath,
retorted, and, if ordered by the commission, transcribed.
10.2.16
Findings and Order
If, upon taking into consideration all the evidence at a hearing, the
commission shall find that a respondent has engaged in or is engaging in,
any discriminatory or unfair practice as defined in this chapter, the
commission shall state its finding of fact and shall issue and cause to be
served upon such person charged an order requiring such person to cease and
desist from such discriminatory or unfair practice and to take such affirmative
action, including, but not limited to, hiring, reinstatement, or upgrading
of the employees, with or without back pay, the referring of applicants for
employment by any respondent employment agency, the admittance or restoration
to membership by any respondents labor or organization, the admission to or
continuation in enrollment in an apprenticeship program, on the job training
program, the posting of notices, and the malting of reports as to the manner
of canpliance, as in the judgment of the commission shall effectuate the
purposes of this chapter.
D. If, taking into consideration all of the evidence at a hearing, the com-
mission shall find that the person charged has not engaged in any discrim-
inatory or unfair practice, the commission shall state its finding of fact
and shall issue and cause to be served an order on the complainant and the
person charged dismissing the complaint.
10.2.17 Judicial Review - Enforcement
A. The comission may obtain an order of court for the enforcement of cemission
orders in a proceeding as provided in this section. Such an enforcement
proceeding shall be brought in the district court of Johnson County.
B. Such an enforcement proceeding shall be initiated by the filing of a
petition in such court and the service of a copy thereof upon the person
charged. Thereupon the commission shall file with the court a transcript
of the record of the hearing before it. The court has the power to grant
such temporary relief or restraining order as it deans just and proper, and
to make and enter upon the pleadings, testimony, and proceeding set forth
in such transcript an order enforcing, modifying, and enforcing as so
modified, or setting aside the order of the comnission, in whole or in
part.
An objection that has not been urged before the ecanissfon shall not be
considered by the court in an enforcement proceeding, unless the failure or
neglect to urge such objection shall be excused because of extraodinary
circumstances.
D. Any party to the enforument proceeding may move the court to ranit the
case to the commission in the interest of justice for the purpose of
adducing additional specified and material evidence and seeking findings
thereof, providing such partles shall show reasonable groun(N for the
failure to adduce such evidence before time commission.
•
E. The comnl:5sion's copy of the testimmxmy shaLl be available to all. parties
for examination at all reasonable times, without cost, and for the purpose
of judicial review of the commissions orders.
F. The ccxnnission may appear in court by its own attorney.
G. If no proceeding to obtain judicial review is instituted within 30 days
from the service of an order of the commission, the commission nay obtain
an order of the court for the enforcement of such order upon showing that
the person charged is subject to the jurisdiction of the crnmission and
resides or transacts business within Johnson County.
10.2.18 Human Relations Commission - Structure
A. MIIIERS. The Iowa City ]furan Relations Commission shall consist of nine
(9) members, appointed by vote cf the City Council. Appointees shall serve
for a term of three (3) years and thereafter until a successor has been
appointed. Vacancies shall be filled for the remainder of the unexpired
tens. Appointments shall take into consideration men and women of the
various racial, religious, cultural, social and economic groups in the
City.
B. C06MSATICN. The menbers of the Commission shall serve without compensation,
provided that they may receive actual and necessary expenses incurred, as
approved by the City Council, within the limits established in the City
budget.
C. ELMION OF OFFICERS. The commission shall elect from its own membership
at its regular January meeting its chairperson and vice -chairperson each to
serve for a team of one year. It shall at its regular January meeting
elect a secretary, who may be, but need not be, a member of the cenmission.
The commission shall fill vacancies among its officers for the remainder of
.the unexpired term.
D. MELTINGS.
1. The comnission shall hold at least one regular meeting during each
1► calendar month, at a time and place to be determined by its rules.
2. The chairperson, the vice -chairperson, or any three (3) members of the
commission may call a special meeting by giving at least one (1) day
notice in writing to every member of the commission. 'The call for a
special meeting shall include an agenda, and only matters included in
that agenda may be discussed at the meeting.
3. A quorum of the commission shall be five (5) members, A majority of
the members present and voting shall be necessary for the passage of
any notion, the chairperson shall vote as a mmbor of the commission.
4. The commission may adopt, :upend, or rescind such rules tui my be
necessary for the condirt nf i is btv;lness.
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10.2.19 Public Meetings and Records
A. All meetings of the commission shall be public meetings, except:
The commission may hold a closed session by affirmative vote of two—
thirds (2/3) of its members present, the votes on such notion being
recorded in the minutes of yeas and nays, when necessary to prevent
irreparable and needless injury to the reputation of a City employee
whose employment or discharge is under consideration, but any motion
decided in such session shall be voted on by yeas and nays and shall
be recorded in the minutes; and
2. The Commission shall hold a closed session to consider whether to
itself file a complaint or whether it will accept a conciliation
agreement or to consider strategy in litigation.
B. All records of the commission shall be public, except:
Complaints of discrimination, reports of investigations, statements
and other documents or records obtained in investigation of any charge
shall be closed records, unless public hearing is held.
The minutes of any session which is closed under the provisions of
this ordinance, shall be closed records.
C. No member of the commission or of its staff shall disclose the filing of a
charge, the information gathered during the investigation, or the endeavors
to eliminate such discriminatory or unfair practice by conference, conciliation,
or persuasion, unless each disclosure is made in connection with the conduct
of an investigation.
Nothing is this provision shall prevent, however, the commission from releasing
such information concerning alleged or acknowledged discriminatory practices to
the Iowa Civil Rights Commission, the United States Civil Rights Crnmdssion, the
Federal Eqaul Employment Opportunity Conrnission, and other agencies or organizations
whose primary purpose is the enforcement of civil rights legislation.
This section does not prevent any complainant, witness or other person from
publicizing the filing of a complaint or, the matter therein complained of.
Violation of these provisions by a member of the commission or its staff shall
constitute grounds for removal.
10.2.20 Staff
The staff of the Human Relations Commission shall be appointed by the City
Manager of Iowa City, Iowa, after consultation and coordination with the Human
Relations Commission, subject to the approval of the City Council.
•
6&11
• CIVIC CENTER. 410 E WASHINGTON ST.
////jC/T///jJ/// IOWA CITY. IOWA 52240
V # 719.354.1800
fpMyCR?'. iOTM�
M1aiM'f{i•.
NOTICE
THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT
TO THE FOLLOWING COMMISSION:
HOUSING CODMISSION
One vacancy - Unexpired Tenn
February 22, 1977 - May 1, 1979
Duties of the Housing Commission members include investigating,
studying, reviewing and analyzing the housing needs and the meeting
of such needs within the City of Iowa City, Iowa, and investigating
and determining if slum areas exist or other areas where there are
unsafe, unsanitary or overcrowded housing conditions, and studying
and investigating and making recommendations relating to the clear-
ing, replanning and construction of slum areas and providing dwelling
places for elderly persons and persons of low or medium income.
Iowa City appointed members of Boards and Commissions must be quali-
fied voters of the City of Iowa City.
This appointment will be made at the February 22, 1977, Council
meeting 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.
M
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Iowa City proposes to rezone from RIA
to R Zone , the following described property to -wit:
The Nest h of Southwest a of the Northwest !, of Section 23,
Township 79 North, Range 6 Nest of the Fifth Principal
Meridian, Johnson County, Iowa,
and the Easterly part of the South 4 of the Northeast 4
of Section 22, Township 79 North, Range 6 West of the
Fifth Principal Meridian, Johnson County, Iowa,
and containing 52 Acres, more or less. (Peppenaood Addition,
located west of Taylor Drive and south of the K -Mart area)
as requested by Midwest Development Company.
Notice is further given that pursuant to Section 414.4 of the 1975 Code
of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said proposed
rezoning will be held at the Council Chambers in the City Hall of Iowa City,
Iowa, at 7:30 P.M.on January 18th , 19 77 , and any person having
objections to said proposed action may appear end file objections at said
hearing.
Dated at Iowa City, Iowa this 3rd day of January , 19 77 .
City Clark
Publish 1 time January 3rd19 77
rr
SUBJECT:
Additions in Southeast Iowa City from an
9/30/76; 45 -day limitation: 11/14/76.
•
STAFF REPORT
Planning and Zoning Commission
November 16, 1976
Z-7616. Application submitted by
Midwest Development Company to rezone
an approximate 52 -acre tract of land
located west of the Hollywood Manor
RIA Zone to an RIB Zone; date filed:
EXISTING The subject undeveloped tract of
CONDITIONS: land is located west of existing
duplex development along Taylor
Drive, south of undeveloped property
zoned C2, and north and east of undeveloped property zoned RIA. Southeast
of the tract is a 14 -acre parcel recently acquired by the City for a
neighborhood park. The tract is located in the approximate center of an
area defined in a study entitled "Neighborhood Park Study -- Hollywood Manor
Area" prepared in 1974 by the Planning Division, as a neighborhood of desirable
geographic extent circumscribed by the boundaries coincident with Sycamore
Street, Highway 6 Bypass, the Iowa River and the southerly corporate limits.
Existing sanitary sewers have sufficient capacity for a density of develop-
ment permitted in either an R1A or RIB Zone. Access would lie provided via
the extension of Keokuk Street southerly and Sandusky Avenue.
STAFF "For any or all of said purposes
ANALYSIS: the local legislative body, hereinafter
referred to as the council, man
divide the city into districts of
such numbef, shape, and area as may be deemed 'best suited to carry out the
purposes of this chapter; and within such districts it may regulate and
restrict the erection, construction, reconstruction, alterntion, repair,
or uses of buildings, structures, or land. All such regulations and
restrictions shall be uniform for each class or kind of buildings throughout
each district, but the regulations in one district may differ from thoru in
other districts (Section 414.2 of the Iowa Code)."
And, "such regulations shall be made in accordance with a comprehensive plan
and designed to lessen congestion in the street; to secure safety rom fire,
flood, panic, and other dangers; to promote health and the general welfare;
to provide adequate light and air; to prevent the overcrowding of land; to
avoid undue concentration of population; to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public
requirements. Such regulations shall be made with reasonable consideration,
among other things, as to the character of the area of the district and the
peculiar suitability of such area for particular uses, find with a view to
conserving the value of buildings and encouraging the most appropriate use
of land throughout such city (section 414.3 of the Iowa Code)."
The implication of these sections of the Iowa Cade require . that all a nes
and corresponding regulations and, as so often has been stated, any amendments
thereto be established In conformance with a "comprehensive plan". The
am