HomeMy WebLinkAbout1977-03-15 Bd Comm. Minutes0 • -
CHAP1TsR 1.0.2
HUMAN RIGIIIS WMISSION
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10.2.1
Declaration of Purpose
10.2.2
Flowers of the Commission
10.2.3
Definitions
10.2.4
Discriminatory Practice - Employment
10.2.5
Discriminatory Practice - Housing Transactions
10.2.6
Discriminatory Practice - Public Acccmodations 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 Complaints
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
Hunan Relations Commission - Structure
Tari.
10.2.19
Public Records
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10.2.20
Staff
iI'J. .'...
FEB2 31977
ABBIE STOLFUS
CITY CLERK
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Chapter 10.2
IMMAN RIGIM WIMISSION
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 Rights Commission whose duty it
shall be to disseminate information and provide the mediation, conciliation and
enforcement necessary to further the goals of this ordinance and to protect
citizens from unfounded charges of discriminatory practices. 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 promotion
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. To receive, investigate, and resolve complaints of discrimination or complaints
alleging discriminatory practices, as provided in this ordinance.
B. To investigate and study the existence, character, causes, and extent of
discrimination in the areas covered by this ordinance and eliminate discrin-
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 commission.
E. To nuke 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 homosexuality as it
may dean necessary and desirable.
F. To cooperate, within the limits of any appropriations made for its operation,
with other agencies or organizations, 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.
G. To adopt guidelines by which to determine whether any conduct, behavior, or
action way 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 practises and
in the provision of services and other activities.
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10.2.3 Definitions
A. "Age" means discriminatory practices toward persons who have passed the age
of majority.
D. "City Attorney" shall mean the duly appointed attorney for the City of Iava
City or such person designated by him/her.
C. "Commission" shall mean the Iowa City Iluman Relations Carmission.
D. "Complainant" means a person who has filed a report of discrimination as
provided for by 910.2.10 of this ordinance.
E. "Complaint" means a report of discrimination as provided for by 910.2.10 of
this ordinance.
F. "Conciliation Team" shall mean a team of two ambers or acre of the Commission
appointed to conciliate cases on which probable cause has been found.
G. "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.
H. "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.
I. "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.
J. 'Thployee" includes every person who works for wages, salary, or commissions
or any combination thereof, and in context the tern also includes those who
are seeking or applying for employment.
K. "Ihmployer" includes all persons, finny, or corporations, wherever situated,
who employ one or more enployees within the City, or who solicit individuals
within the City to apply for employment within the City or elsewhere: the
term includes the City itself, and all other political subdivisions, public
corporations, governmental units conducting any activity within the City,
and public agencies or corporations.
L. '!limmployment Agency" means any person undertaking to procure employees or
opportunities to work for any other person.
M. "Housing Accommodation" includes any improved or unimproved real estate
which is used, capable of being used, or intended to be used as a permanent
or temporary residence or sleeping place for one or more persons whether by
sale, lease, or otherwise. It specifically includes lots suitable for
single or multi -family residential development.
N. "Housing Transaction" means the sale, (:xehang(!, rental or lease of real
property or housiw nccommxtation and the ol'fer to sell, exchange, rent or
lease real property.
0. "Investigator" means a person appointed by the City Manager with the consultation
of the commission, to investigate complaints filed in accordance with this
ordinance.
P. "Labor Organization" means any organisation which exists for the purpose in
whole or in part of collective bargaining, of dealing with employers concern-
ing grievances, terms, 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, connission, department, or agency thereof, and all
other governmental units conducting any activity in the City.
R. "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 accommodation if the acco mDdation receives any substantial governmental
support or subsidy. Public acconnoclation 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 accommodation during such period.
S. "Respondent" means a person who is alleged to have committed an act prohibited
by this ordinance, against who a complaint has been filed, as provided by
this ordinance.
10.2.4 Discriminatory Practice
Bnployment
A. It shall be unlawful for any employer to refuse to hire, accept, register,
classify, upgrade or refer for employment, or to otherwise discriminate in
employment against any other person or to discharge any employee because of
race, color, creed, religion, national origin, age, sex, homosexuality,
marital status, or disability unless such disability is related to job
performance of such person or employee.
B. It shall be unlawful for 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 for ..enbership, appren-
ticeship or training or any member in the privileges, rights, or benefits
of such membership, apprenticeship or training because of race, creed,
color, national origin, religion, age, sex, marital status, homosexuality,
or disability of such applicant or menber.
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C. It shall be unlawful for any employer, employment agency, labor organir•ition,
or the employees or nxmbers thereof' to directly or indirectly advertise or
in any other gunner indicate or publicize that individuals are unwelcame,
objectionable, or not solicited for employment or r-mbership because of
race, creed, color, national. origin, age, religion, sex, marital status,
homosexuality or disability.
D. Exceptions:
1. 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.
2. 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 homosexuality.
3. The employment of individuals for work within the home of the employer
if the employer or members of his family reside therein during such
employment.
4. 'Ihe employment of individuals to render personal service to the person
of the employer or members of his family.
5. To employe on the basis of sex in those certain instances where sex
is a bona fide occupational qualification reasonably necessary to the
normal operation of a particular business or enterprise. The bona
fide occupational qualification shall be interpreted narrowly.
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, homosexuality, 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,
homosexuality, 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, homosexuality, 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 owner -
occupied rooming house in which renters pass through the owner's
living area.
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3. Restrictions based on sex in the rental or leasing of housing accomno-
dations by nonprofit corporations.
4. Restrictions based on sex in the rental or leasing of housing accommodations
within which residents of both sexes would sharL a common bathroom
facility on the same floor of the building.
5. This ordinance does not create an affinitive duty to remove barriers
for the handicapped in the excess of the requirements of Chapter 104A,
Iowa Code.
6. Housing accoodations may be designated specifically for the elderly
and disabled, however, housing accarodations any not be restricted
among the elderly and disabled on the basis of race, color, creed,
religion, national origin, sex, marital status, or homosexuality.
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 accamxx a.tion because of race, color, creed, religion,
national origin, age, sex, marital status, homosexuality 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 is unwelcome,
objectionable, or not solicited because of race, color, creed, religion,
national origin, age, sex, homosexuality, marital status or disability.
C. Exceptions:
1. This 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
Discriminatory Practice
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 terms or conditions wore
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, homosexuality or physical disability.
B, Exceptions. Refusal by a creditor to offer credit life or health and
accident insurance based upon the age or physical disability of the
consumer shall not violate the provisions of this section provided such
denial is based solely upon bona fide underwriting considerations not
prohibited by Title XX Code of Iowa.
The provisions of this section shall not be construed by negative implica-
tion or otherwise to narrow or restrict any other provisions of this
ordinance.
10.2.8 Discriminatory Practice
Aiding or Abetting
It shall be a violation of this ordinance I'or any person to intentionally aid,
abet, compel, or coerce another person to engage in any of the practices decL red
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 follmving procedures are the only authorized methods for reporting a
discriminatory practice to the comnission:
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 commission 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 coo-
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 commissioner, 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.
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C. A verified copy of a complaint filed with the Iowa Civil Rights Comnission
under the provisions of Chapter 601A, Code of Iowa, or )BOC 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
member of the cannission'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 -determination settlement(s) shall be subject to
review by the city attorney and shall be approved by the whole commission
in executive session.
10.2.12
Results of Investigation
Action to be Taken
A. Finding - No Probable Cause:
1. 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 designated members of the commission agree that
no probable cause does exist, it shall notify the parties in writing
by certified mail, return receipt requested, of the findings and of
the ccmplainant's right to appeal therefrom. If they disagree as to
no probable cause, they 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 commission
shall close the case. The secretary of the commission 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 designated
members of the commission shall hear his/her evidence in executive
session. If they again find no probable cause to believe that the
person charged has carmitted a discriminatory practice, they shall
declare the case closed. After appeal, if they find probable cause to
exist, they shall proceed as provided in this chapter.
4. If the investigator and city attorney disagree as to probable cause,
designated members of the commission shall make the final determination
on probable cause and proceed as provided in this chapter.
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B. Finding - Probable CaaRe:
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1. If the investigator finds probable cause to believe that the person
charged has committed an unfair or discriminatory practice, and the
city attorney concurs in that finding, they shall report the same to
the commission.
2. 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:
1. If the conciliation team is able to effectuate a disposition agreeable
to the complainant, the person charged, and the commission, such
disposition shall be reduced to a written stipulation and executed by
the parties and the agreement reported to the commission.
2. 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 designated members of the commission in executive session. If
the designated members of the commission accept the conciliation
agreement presented by the conciliation team and the person charged,
they shall close the case (subject to continuing supervision of the
charged party as provided in the agreanent) and communicate the terma
of the agreement to the Iowa Civil Rights Commission. This shall not
prevent the complainant from taking other action as provided by law.
If however, they reject the conciliation agreement, they 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 a mutually 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 cammission 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
A. 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 designated members of the carmission and reccmnend what further action
as provided herein should be taken. Similarily, if the designated members
of the commission reject the conciliation agreenent, they shall. determine
what action as provided herein shall be taken.
B. A conciliation team may recommend:
1, that no further action be taken thus closing the case.
2, that the commission cause to be served a written noLico requiring the
respondc;nt to ansvrer the charges of such complaint at a hearing bol'ore
the ccmni.ssion.
10.2.15 Notice and fearing
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 circmunstances 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 commission in such case.
D. The person charged may 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.
E. 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 may 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.
G. the commission shall not be bound by the strict rules of evidence pre-
vailing in courts of law or equity but the right of cross-examination shall
be preserved. Plaintiffs shall bear the burden of proving the allegations
in the ecxmplaint AL testimony taken at a hearing hall he under oath,
recortod, and, if ordered by the commission, transcribed.
10.2.16 bindings and Order
A. If, upon taking into consideration all the evidence at a hearing, the
cumnission shall find that a respondent has engaged in or is engaging in,
any discriminatory or unfair practice as defined in this chapter, the
ccxmnission 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 adnission to or
continuation in enrollment in an apprenticeship program, on the job training
program, the posting of notices, and the making of reports as to the manner
of compliance, as in the judgment of the commission shall effectuate the
purposes of this chapter.
B. 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 carmission may obtain an order of court for the enforcement of comnission
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 deems 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 commission, in whole or in
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part.
C. An objection that has not been urged before the ccamission 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 enforcement proceeding may move the court to remit the
case to the eortnission in the interest of justice for the purpose of
adducing additional specified and material evidence and seeking findings
thereof, providing such parties shall show reasonable grounds for the
failure to adduce such evidence before the ccrtmission.
E. The commission's copy of the testimony shall. be available to all parties
l'or examination at all reasonable times, without cost, and for the purpose
of judicial review of the commissions orders.
F. The commission may appear in court by the City Attorney or his/her designee.
G. If no proceeding to obtain judicial review is instituted within 30 days
from the service of an order of the commission, the commission my 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 commission and
resides or transacts business within Johnson County.
10.2.18 Human Relations Commission - Structure
A. WOOERS. The Iowa City Human Relations Commission shall consist of nine
(9) members, appointed by vote of 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
team. Appointments shall take into consideration men and women of the
various racial, religious, cultural, social and economic groups in the
City.
B. COMPENSATION. The members of the Commission shall serve without coro--
pensation, 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. ELECTION 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 tens of one year. It shall at its regular January meeting
elect a secretary, who may be, but need not be, a member of the commission.
The commission shall fill vacancies among its officers for the remainder of
the unexpired term.
D. hfEEPIMS.
1. The commission shall hold at least one regular meeting during each
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 menber 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 motion. The chairperson shall vote as a member of the commission.
4. The commission may adopt, amend, or rescind such rules as may be
necessary for the conduct of its business.
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10.2.19 Public Ilecords
A. All records of the ecnmission shall be puhlic, exc(!pt:
Wnplaints of discriminaLion, rcix)rLs of InvrvLigaLioas, sL1lLlYlY,nl.s
and other doclmonts or records obtained in investikution of any Charge
shall be closed records, unle�'s public hearing is held.
2. The minutes of any session which is closed under the provisions of
this ordinance, shall be closed records.
B. 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 nude in connection with the conduct
of an investigation.
Nothing in this provision shall prevent, however, the conmission from releasing
such information concerning alleged or acknowledged discriminatory practices to
the Iowa. Civil Rights Commission, the United States Civil Rights CaTudssion, the
Federal Equal Deployment Opportunity Commission, 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 amber of the cannission 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.
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MINUTES
PLANNING AND ZONING COMMISSION
MARCH 3, 1977 -- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Blum, Cain, Jakobsen, Lehman, Ogesen, Vetter
MEMBER ABSENT: Kammermeyer
STAFF PRESENT: Schmeiser, Plastino, Oszman
RECOMMENDATIONS TO THE CITY COUNCIL:
To approve S-7708, final plat of Oakridge Estates Addition
located north of Linder Road and east of Old Highway 218
in Johnson County, with the following contingencies:
(1) that a waiver of the angle of side lot lines to the
street be granted,
(2) that a waiver of the construction of public improve-
ments be granted, and
(3) that a minor modification in the legal papers be made.
REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
1. That the Legal Staff review the actions taken in regard to
the development on 1st Avenue off of Lower Muscatine Road,
determine whether a Large Scale Non -Residential Development
plan should be submitted, and recommend to the Commission
what actions should be taken in regard to that development.
2. That the Legal Staff define what will constitute "substantial
amendment of the new Comprehensive Plan".
-LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION:
1. P-7317. Creation of a University Zone (U).'
2. P-7410. Creation of a Mobile Home Residence Zone (RMH).
3. P-7403. Revision of M1 and M2 Zones.
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SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Referring to page 7, paragraph 3 or the minutes of the meeting
of February 17, Chairperson Cain requested that the name "Bob
Edwards" be changed to correctly read "Bob Edberg." She then
asked if there were any other additions or corrections to those
minutes. A motion was made by Vetter, seconded by Ogesen, to
approve the minutes as corrected. The motion carried unanimously.
Commission to hold a public hearing on a proposed ordinance
amending the Zoning Ordinance by establishing development and
use regulations for certain flood hazard areas of Iowa City,
and providing for the administration and enforcement thereof.
Dick Plastino, Director of Public Works, explained the basic
regulations set down by the Flood Plain Ordinance, pointing out
that a provision involving Special Use Permits had been added
for the purpose of allowing for exceptions to the restriction
against building in the floodway. Plastino also explained
that he had learned of a possible addition to the Ordinance
which theCommission might wish to consider. He said he had been
advised that the rates for that portion of the flood insurance
which was not federally subsidized would drop drastically if
the ordinance were to call for maximum floodproofing as a means
of protecting property when encroachment along the floodway is
involved.
Chairperson Cain declared the public hearing open.
In response to a question from the audience, Plastino said that
the 1 foot restriction was a federal standard designed to con-
trol encroachment on floodway banks. He also explained that
administration of the 1 foot restriction would be based on the
assumption that encroachment on both sides of the floodway would
4 be equal..
Carol deProsse, 129 N. 1st Ave., Iowa City, told the Commissi.on
that .it had been the consensus of both the Ralston Crook Coordi-
nating Committee and the Comprehensive Plan Coordinating Committee
to eliminate Special Use Permits from the ordinance. She went
on the say that she favored the addition of a provision which
would allow the City to exercise a first option to buy property
in the floodway which had been damaired 50 percent or more by
floodwaters, if the owner desired to sell.
Chairperson Cain declared the public hearing closed. She
mentioned that the: Commission planned to vote on the ordinance
at its next regular meeting on March 17.
-3-
Z-7701. Commission to hold a public hearing on a request to
rezone the east seven feet of Lot 6, Block 42 of the Original
Town of Iowa City (522 East Burlington Street) from a C2 Zone
to an 113A Zone.
Don Schmeiser,-Senior Planner, presented a history of this
rezoning request, stating that the Commission itself had initiated
consideration of this particular rezoning.
Chairperson Cain declared the public hearing open.
Cathy Young, 516 East Burlington, Iowa City, asked what effect
this rezoning would have on the structure next door to it and
requested information on the plans for parking space.
Mr. Schmeiser responded that the extent of the rezoning requested
would be approximately 8 feet from the duplex next door and
that the applicant had shown an ability to provide adequete parking.
Commissioner Blum pointed out that the Commission was considering
the rezoning request rather than the structure planned for the site.
Mr. Schmeiser added that under the present zoning, an 11 -unit
structure could be built, while the rezoning would make it possi-
ble for a 12-plex to be erected.
Cain declared the public hearing closed.
S-7708. Final plat of Oakridge Estates Addition located north
of Linder Road and east of Old Highway 218 in Johnson County;
45 -day limitation period: 3/31/77; 60 -day limitation period:
4/15/77.
Mr. Schmeiser stated that the discrepencies and deficiencies in
this application had been taken care of for the most part, but
that there still remained a modification in the legal papers to
be made as well as two waivers to be granted.
A motion was made by Blum, seconded by Jakobsen, to recommend
to the City Council approval of S-7708, final plat of Oakridge
Estates Addition located north of Linder Road and east of Old
Highway 218 in Johnson County, with the following contingencies:
(1) that a waiver of the angle of side lot lines to the
street be granted,
(2) that a waiver of the construction of public improve-
ments be granted, and
(3) that a minor modification in the legal papers be made.
Commissioner Ogesen requested that the modification in the legal
papers be further explained. Schmeiser responded that actually
0 0
-4-
this modification entailed making the language of the .legal
agreement more specific, so that it: is dear that future propurt:y
owners in the subdivision will be responsible for future assess-
ments for the reconstruction or construction of public improve-
ments by the City at such time as this area is annexed by the
City. He added that this was part of the assessment waiver.
Ogesen also wondered how property in lot 2 could be used for
a turn -around when lot 2 was not part of the subdivision.
Schmeiser replied that the subdivision boundary had been changed
to include that portion of lot 2 which would be used for the
turn -around.
The motion carried unanimously.
Other Business:
Commissioner Jakobsen pointed out that it was a high priority
of the Commission to settle the matter of which regulations
apply to subdivisions located within the two-mile territorial
limits. Schmeiser said that the Staff was still working on a
thorough report regarding this matter.
Chairperson Cain reported that the Commission had received a
letter from Dick Blum, chairman of CPCC, asking if there were
questions the Commission would like to have included on the
General Survey.
Cain reminded the Commissioners that the meeting of the Ameri-
can Society of Planning Officials in San Diego was approaching.
Several Commissioners stated that while they initially had been
interested in attending the conference, they had since decided
that attendance would not be practical due to the length and
location of the conference. The possibility of attending other
meetings was discussed.
Cain reported what had occurred at the City Council meeting
the previous Tuesday evening in regard to the ordinance to
extend the Commission's period of consideration of zoning
amendments and PADS from 45 to 60 days. Cain said she: had told
the Council that, while the Commission would like to set aside
periods for public discussion, they did not feel it was essential
to follow the formal procedures which require a 15 -day notice
of a public hearing. She made it clear to the Council, she said,
that if the Commission were to keep following the public hearing
procedure, they would need a 60- rather than a 45 -day limitation
period. According to Cain, the Council voted down the ordinance
and recommended that the Commission write into its by-laws a
provision for public discussion. The Commission decided that
this provision should allow for not less than 7 -days notice
-s-
of a public discussion, and, in addition, the P&! agenda should
be published routinely 7 days in advance. The Commission asked
Mr. Schmeiser to see to it that the by-laws were amended to include
these provisions and to make certain relevant definitions clearer.
Cain said she expected that the by-laws would be ready for
consideration by the next meeting.
Ogesen commented that he thought it was unnecessary to have
an annual report on the Comprehensive Plan, stating that a
bi-annual report would be sufficient. He also suggested that
on page 1, section 3 of the by-laws, the word "formal" be
added before the words "regular meetings," to distinguish
these from informal meetings.
Cain briefly discussed the Northside Impact Report, stating
that in its present form it was basically a descriptive back-
ground report which included little interpretation. Schmeiser
said that the final report would be more inclusive.
In regard to the problem of the parking of recreational vehicles
in residential areas, Vetter said she thought a strong case
could be made to restrict such parking on the basis of safety
rather than aesthetic considerations. Blum agreed with this
and suggested that the Sign Ordinance Committee might consider
this problem, since it raised questions similar to those raised
by the problem of regulating sign height.
Schmeiser stated that the Staff was still in the process of
preparing a report on the parking of recreational vehicles in
residential areas.
Cain requested that discussion of the ordinance setting down
the definition and requirements for non -conforming lots be set
for the next regular P & Z meeting, and that notices of the
opportunity for public discussion on this be published.
The Commission briefly discussed a development on 1st Avenue
off of lower Muscatine Road, for which no LSNRD had been
submitted.
A motion was made by Blum, seconded by Vetter, that the Legal
Staff be asked to review the actions taken in regard to the
development on 1st Avenue off of Lower Muscatine Road and
whether a Large Scale Non -Residential Development plan should
be submitted, and to recommend to the Commission what actions
should be taken in regard to that development. The motion
carried unanimously.
Ogesen requested that the CPCC staff be certain that non-CPCC
members receive copes of the Comprehensive Plan topical reports.
The meeting adjourned.
9
0
Prepared by: (ii.0✓i/ s v rt!/>�,
Ellen Oszma , DCD
Approved by: G�i6o�t�Q !�✓�
'Juanita Vetter
Secretary
Planning and Zoning Commission
Iowa City Airport
February 24, 1977,
Members Present:
Members Absent:
Commission
Civic Center
Oury 111o(*w:,nn
Dave Ihrtwiq
Dick Phipps
Claude Petorson
Jack Perkins
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Petr_ Peterson called the meeting to order at 7:00 P.M. as
the chairman was absent. Peterson declared the meeting a
Public Hearing on the proposed lease of the new 10 unit
T -Hangars to Iowa City Flying Service. There being no
comments it was moved by Hartwig, second by Bleckwenn to
close the Public Hearing. Motion carried.
Hartwig moved the adoption of the proposed resolution to
execute the lease between Iowa City Flying Service, as
leasee, of the new 10 unit T -hangars and the Iowa City
Airport Commission as leasors.
AYE NYE
X Hartwig
X Bleckwenn
X Phipps
Y. Peterson
Proposed resolution adopted.
Jones brought up for consideration the basic rent paid
by Iowa City Flying Service, Inc. recommending an increase
from twenty to twenty-five percent in the basic rent and
submitted a resume on Iowa City Flying Service's expenditures
for improvements to the Iowa City Municipal Airport as
requested by an Airport Commissioner. (Copy of the resume
attached to these minutes.) General discussion followed.
Bleckwenn moved, second by fjartwig, to have a realtor
appraiser make,a study and the rental value of the space
rented by Iowa City Flying Service and make a recommendation
to the Commission. Motion carried. Hartwig was asked to
contact an appraiser.
Nancy Seiberling, Project Green, presented their plans for
the beautification of Hwy 218 right-of-way, the southern
entrance to Iowa Cityl the project was well received by
the Commission. It was moved by Hartwig, second by Bleckwenn
to participate in Project Green's plan up to the amount of
$1500. Motion carried.
Jones presented a copy of the Fire and Extended coverage_
policy for the airport and pointed out the shop building
which Iowa City Flying Service built and gave-_ to the Commi-
ssion is included in the Commission coverage. Iowa City
O
• 2
Flying Service also had Fire and Extended coverage on the
same building as required by the lease and there is no
way any one party is going to be paid twice for the loss.
Jones suggested the premium the Commission was paying for
the shop building be applied to coverage of the new T -hangars.
Mel Jones expressed concern over the insurance company
cancelling the whole policy due to the failure of the
Commission to pay the premium. It was moved by Bleckwenn,
second by Hartwig to approve payment of the premium and ask
to remove the insurance on the shop building. Motion carried.
Jones suggested on the Commission's liability policy that
they obtain a $1,000,000 liability coverage from National
Aviation Underwriters for around $900.00. At present, the
Commission is paying $500.00 for $300,000 single limit
bodily injury liability of $100,000 each person,
$500,000 each accident, and $100,000 property damage each
accident, but only applies to the premises leased by the
flying service. If both the Commission and the flying
service were insured by the same company and an accident
occured at least this would eliminate a fight between the
insurance companies as to which company is liable for
damages. Jones was instructed by the Commission to get
his insurance company's agent together with Mel Jones to see
what could be worked out.
Jones presented two letters and his reply on behalf of the
Commission. Copy of letters are available for review in the City Manager's
office.
It was pointed out by Peterson that this would be the last
meeting for Dave Hartwig, who has served faithfully on the
Commission and that the Commission wishes to thank Dave
for his tremendous help and service to the community the
past six years.
There being no other business the meeting was adjourned
at 9:30 P.M.
Next meeting is March 17th, 7:30 P.M., Iowa City Airport.
0 0
To Iowa City Airport Commission:
At the request or an Airport Commissioner, I wish to submit
the following report- to the Iowa City Airport Commission:
Rent effective 1/1/77
Flowage fee .02(t per gallon:
1976
$2,727.32
1975
2,281.51
1974
2,458.79
1973
1,887.82
1972
1,788.52
Basic Rent
1st set T -hangars
2nd set T -hangars
3rd set T -hangars
Shop building payment
320.00
250.00
300.00
330.00
$ 1,200.00
319.60
$ 1,519.60
x 12
$18,235.20
plus .02a/gal
Iowa City Flying Service, Inc. expenditure for improvements to
the airport's facilities:
Terminal Building:
1) Spent over $5,000.00 dollars remodeling the area where
the restaurant use to be in 1967.
2) Spent over $5,000.00 dollars remodeling the same area
into offices, plus my own labor in 1972.
3) Spent $1,258.00 dollars for a 5 ton airconditioner for the
public lobby, plus the construction of a new counter in
the lobby, and the removal of the airlines counter.
4) When the Commission had the carpet replaced in the lob-
by, the flying service installed $580.00 dollars worth
of carpet in the ground school room. This room is
available-_ to anyone desiring to have a conference.
5) Installed $584.00 dollars of rollup drapes in ground
school room.
Old Shops
1) Flying Service spent $1,258.00 plus their labor to put
a new heating system in so the fire marshall would stop
condeming the building as a fire trap.
New Shop Building:
1) Built a new shop building attached to old shop at an
expenditure of. over $39,000.00 dollars in 1967. This
building was given to the Airport Commission on completion
and leased to the Flying Service for 30 years at the cost
plus 6% interest. The Flying Service has been paying 8%
and 9% the last seven years.
E
rI
L
Tie -down Area:
1) Spent over $9,000.00 dollars to install tiedown for 150
aircraft and purchased the existing tie -downs installed
by the former operator for .$1,2.50.00. The latter tie -downs
were removed for the construction of the 30 T -hangars.
T -hangars:
1) The Flying Service has guaranteed payment for all T -
hangars constructed prior to their contruction and have
performed most of the maintenance, including snow re-
moval.
2) Just spent $3,573.91 on two T -hangars: Insulation,
heaters, and running gas service to the T -hangars, plus
an additional cost of installing heaters, which I do not
have the cost as yet.
3) The commission raised the rent on the T -hangars January
1, 1977; original set - $90.00 to $50.00 = 25%
2nd set - $50.00 to $60.00 = 30%
The rent on the offices, old shop, and old united hangar
has not been increased since 1967. The rent being $320.00
per month, however, the flying service has invested over
$60,919.91, plus interest, and a lot of labor during those
16 years in remodeling and improving the airport facilities.
I do, however, feel the commission should raise the basic
rent fi� 20% to 25%, keeping in mind the Flying Service has
made the other improvements, but your cost have increased
also, and must be passed on to the leasee.
Respectfully submitted:
E.KK • ue
E. nes
Manager
1. i i
MINUTES
IRMFW IiEL9TICNS ODMMISSION
11-131 VARY 28, 1977 7: 10 P.M.
CI'T'Y MANAGER'S 0ONFEIiENC:E IMM
MEMBERS PRESENT: Scott
Costantino
Braverman
Matsumoto
Oleson
hOOBERS ABSENT: Woodard
Madison
Gilroy
STAFF hEMBE iS PRES N T: Morgan
Ryan
Ragland
RECUh4OMATICNS TD TRE CITY COUNCIL
The Ommission is sending a letter to President Carter requesting
he declare the birthday of the late Dr. Martin Luther King, Jr.
January 15, as a national holiday. The Commission recommends that
the Council join this effort.
REO"MATIONS TO THE STAFF AND CITY MANAGER
1. Oleson moved, Braverman seconded, that the staff work with the Iowa
.Civil Rights Comnission Training Director in establishing a date
for conciliation workshop. The motion passed.
2. Oleson moved, Matsumoto seconded, that the staff make physical
arrangements, notify local groups, and conduct the publicity for
the Iowa Civil Rights Comnission Meeting in Iowa City, April 13 and
14.
3. Costantino moved, Braverman seconded, that the staff develop an
appropriate means of recognizing International Women's Day and
recommend action to the Commission. Motion passed.
4. The Staff was requested to work with the executive conmittee on
answering the request by Dubuque to join in a legislative coalition
and also look into possible membership with the Nebraska -Iowa
Association of Human Rights Workers.
5. The staff was requested to write for Federal Laws and Regulations
Prohibiting Sex Discrimination, a large chart developed by the
International Women's Year Committee.
S11
0
PIMING ITMIS
• page 2
Administrative procedures for implanenting the procedural sections
of the ordinance. Matsumoto presented to the Commission a mono
outlining procedures for assigning Commissioners to conciliation
and hearing boards. Matsumoto moved, Oleson seconded, that the
assignments of Commissioners as hearing officers and conciliators
be on a rotating basis. The issue of whether Co missioners should
serve as hearing officers was raised again and discussed. It was
pointed out that establishing this type of procedure did not preclude
the hiring of a hearing examiner but merely established a procedure
by which the Commission could either hire a hearing examiner or
assign Commissioners to serve in that capacity. The motion passed
with Scott voting no. He opposed the motion because he opposes the
use of Commissioners as hearing officers.
Matsumoto moved and Braverman seconded that Section 10.2.126 be
amended to add: "that in the event the staff and City Attorney
find probable cause then those members of the Coamission designated
as conciliators would make an independent evaluation to the determination
as to whether probable cause exists before proceeding with the
conciliation." Braverman stated that he would propose to amend
that motion to read that every case would be assigned to three
Commissioners on a rotating basis to follow it through to the end.
Matsumoto objected to accepting that as a friendly amendment.
There was considerable discussion over whether the Commission
should make the final determination when the staff and City Attorney
agree with the finding of probable cause. The point was raised
that this Section provided for the Commission to have the ultimate
responsibility for all determinations whether cause or no cause.
Matsumoto moved to table until next months Commission meeting.
'Ibis motion died for lack of second. The motion was voted on. The
Chairperson asked for a roll call: Costantino 'yes', Braverman
'yes', Scott 'yes', Oleson 'no', Matsumoto 'yes'. Oleson gave the
following three reasons as her objection to the motion. (1) This
procedure puts an extra hurtle in the path of the complainant, (2)
its an unnecessary addition to an already canplex procedure, and
(3) it shows a lack of recognition of the staff expertise. Braverman,
Scott, and Matsumoto stated that they did not feel a vote in favor
of the motion reflected on the staff's expertise.
C. Braverman moved the 5-3 combination of five conciliators, three
hearing examiners be excepted. The motion died for lack of second.
Costantino moved, Oleson seconded, that the 3-5 combination, 3
conciliators - 5 hearing officers be excepted. The motion passed
with Braverman voting no because he preferred a heavier loading at
the conciliation stage.
SUNNAHY OF RCIEMU DISCUSSION
Woodard was absent from the meeting because of family illness and
Madison was absent because of unexpected business obligations.
• i Page 3
On the motion of Oleson, seconded by Matsumto, the minutes of the
February 6, 1977 Commission meeting were accepted. On the notion
of Oleson, seconded by Costantino, the minutes of January 24, 1977
cannission meeting were accepted. No public was in attendance to
participate in the public discussion item on the agenda.
A. OOMMITTEE 1UTURTS
1. Ordinance Implementation and Education - no report in addition
to the proposals for implementing the procedural sections of
the ordinance.
2. Complaint Processing - no report.
3. Affirmative Action - no report.
4. Outreach/Advocacy - Oleson reported on the following proposals
suggested by the Committee.
a. That there be a combined meeting between the City Council,
the Commission, and members of the black community in
Iowa City to discuss the problems of racial discrimination.
Oleson roved and Braverman seconded that during the week
of March 28 a meeting of this nature be held. The motion
passed.
b. Tb have meetings with department and division heads of
the City to discuss sex segerated jobs in the City. The
program will consist of women presently employed in non-
traditional jobs which are found in City employment.
Oleson moved and Matsuroto seconded to have a meeting of
this type.
C. A third meeting which would bring in a public figure to
discuss the general areas of equal rights. Oleson moved
and Costantino seconded, that the Commission pursue
inviting a public figure to speak on Civil Rights (with
final budget requirements at issue to be decided later).
The motion passed.
5. Staff report - staff reviewed the correspondence and reported
that during the proceding months one new complaint was formalized.
It was a race in employment case. Investigation was completed
in 1x7611. Oleson stated that the placement activities section
of the departmental monthly report will be more informative to
the Commission if there was available information with regard
to the name, race, and applicant statistics for each placement.
B. ORDINANCE
The Carmission reviewed the letters written to the City Council
expressing negative responses toward the revised ordinance. Costantino
moved and Braverman seconded to accept as a response to these
letters a draft prepared by Morgan and add to this letter the
willingness of the Commissioners to visit with these people concerning
the proposed Ordinance. The motion passed.
0
0 Page 4
Included in the letters to the City Council regarding the proposed
ordinance was a letter from City Attorney John Hayek. 'There was a
consensus among the Commission that individual Commissioners who
wished, could respond to his letter.
The Commission reviewed the discussion from February 14 informal
session. Topics were:
(1) Marital status and homosexuality in the area of housing,
(2) sexual orientation v. homosexuality, and
(3) differentiate between status and behavior of homosexuals.
The consensus of the Commission was that individual commissioners
were free to contact Council -members. Woodard and Oleson were appointed
to represent the Commission at the Public Hearing of the Ordinance
March 15, 1977, 7:30 P.M. in the Council Chambers. The Ordinance
will again be discussed at the March 21 informal session of the
Council at 3:00 P.M. Matsumoto agreed to appear on KXIC Forum.
C. COMPLAINT PRO=INO
1. The brief for the Westinghouse appeal was filed by Angie.
2. E-7503 - no progress.
1-7605 - no progress.
E-7606 - Conciliation was reached during the month.
H-7603 and H-7604 - Costantino reported that an appointment to
discuss a conciliation agreement with the respondent was set
for March 4.
Costantino requested that the next agenda include items to
discuss the Commissions review of remedy, settlements and
conciliation agreements.
3. The review and formal closing of conciliation agreements which
have reached the time limit has been assigned to the complaint
processing committee.
4. The commission will invite the Housing Commission, realtors,
Home Builders Association and other real estate organizations
to attend a meeting on the discussion of equal opportunity in
housing to be presented by Jack Wulchin of the Leadership
Council for Open Communities in Chicago.
The next meeting is set for March 28, 7:00 P.M. in the Conference Karn.
Agenda setting meeting will be held March 18. Scott will be out of town
for that meeting and has asked Woodard to attend.
Meeting adjourned at 10:30 P.M.
1790
00MPREHENSIVE PLAN COORDINATING COMMITTEE
FEBRUARY 24, 1977 -- 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Cain, deProsse, Jakobsen, Neuhauser, Ogesen, Perret,
Vetter
MEMBERS ABSENT: Blum
STAFF PRESENT: Berlin, Bowlin, Geshwiler, Oszman
GUESTS PRESENT: Emil Brandt, John Cazin, Jim Lindberg, Northside area
representatives
Because there were not sufficient copies available of the minutes from
the meeting held on February 10, a motion was made by Perret, seconded
by deProsse, to defer consideration of those minutes until the next
meeting. The motion carried unanimously.
Committee member Ogesen showed some slides of Iowa City which he and
Committee member Blum had taken from the air.
Rick Geshwiler, Senior Planner, explained that Sasaki Associates had
requested two sets of slides: one which showed urban renewal areas, and
the other showing a general overview of the City.
The Committee viewed and discussed the slides.
FLOODWAY ORDINANCE
Copies of a letter from Dick Plastino, Director of Public Works, was
circulated and discussed. Committee member Neuhauser said she still
felt there were not enough guidelines specifying what types of structures
could be built in the Floodway.
Ogesen said he still favored a Special Use Permit because of the possi-
bility that someone would suggest a good idea for construction in that
area, which the Committee could not foresee but which it would agree to
permit. deProsse suggested that in such a case, the Ordinance might be
amended.
Committee member Jakobsen reported that the Ralston Creek Coordinating
Committee did not think that the Board of Adjustment was the best avenue
for appeal of applications for Special Use Permits. They also agreed that
it would be best to take out the references to flood -proofing and refer,
a
at+
b
sy3 1
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instead to adequate elevation. Jakobsen suggesLud that appeal might
be handled by means of the P.l.anning and Zoning process. deProsse felt
that appeals should come before the City Council, but stated that she
would favor taking out the Special Use Pernit option altogether.
Bob Bowlin, Assistant City Attorney, explained that use of these
permits would be a way of getting out of "an inverse condemnation
problem." He described this as a situation where a balance must be
obtained between reasonable regulation of land use on one hand, and,
on the other, severe restrictions on land use which in effect constitutes
taking of the land. Neal Berlin, City Manager, commented that since
extensive uses were permitted in the Floodway already, then this was
a rather weak argument.
Committee members Vetter and Perret stated that they were against any
kind of rebuilding of damaged structures in the Floodway. deProsse re-
sponded that if all rebuilding was prohibited, then the land in the
Floodway area would in effect be worthless. An alternative might be
that the City could exercise an option to buy the property damaged by
the flood, if the landowners wished to sell it, she said.
The problem of Special Use Permits was referred to the Legal Staff.
PRELIMINARY TRAFFICWAYS REPORT
The Committee discussed the preliminary Trafficways Report in connection
with a map which showed primary and secondary arterial systems, as well
as the general U.S. Highway 518 corridor. In his explanation of the
materials, Geshwiler said that one possibility was the construction of
a parkway in the section south of Iowa City, which would have a 45 mile
per hour design standard.
deProsse questioned the meaning of the term "appropriate" in #1 under
the third paragraph on page one. Geshwiler explained that here the word
referred to directing access from arterial streets based on use criteria.
Ogesen stated that he felt the two maps "Generalized Trip Demands" and
"Trip Problems" in the report were too small to read and interpret and
suggested that they be made larger in the final report.
Neuhauser said she was interested in the diagrams showing alternative
methods for improving the parking situation in residential areas and
wondered where they might occur. Geshwiler discussed possible areas
where such parking designs and traffic diverter systems might fit in
well.
The Committee discussed the parking problem in residential areas. deProsse
questioned whether the alternatives presented in the report were consistent
with the future aims and plans of the Comprehensive Plan. Geshwiler stated
-3 -
that the parking problem was closely related to the density problem.
He mentioned that in the present situation, there exists no truly high
density area where people can walk to meet their daily needs.
Berlin suggested that other alternative solutions to the parking problem
be included in the final version of the report.
The Committee then discussed those sections of the report that deal with
the proposed Highway 518.
Committee members deProsse and Neuhauser expressed dissatisfaction with
the way in which the highway was discussed in the report. The construc-
tion of the highway was not really treated as an alternative, they said,
because the report did not discuss possibilities for development if
the highway was not built. They also felt that the description of 518
as "serpentine" was unrealistic, because this would make the highway
longer and therefore too expensive.
It was suggested that the people's growth preferences be examined before
an extensive traffic network was proposed, particularly since road
construction was an especially sensitive issue. Geshwiler and Committee
member Perret argued that the planners must have some basis from which
to work and that including 518 as an alternative was reasonable.
It was decided that the Trafficways Report would be revised to include
a more detailed discussion of alternative traffic systems and the
effect that these systems would have on area development. The name
of the map was changed to "Trafficways Possibilities."
HOUSING REPORT
deProsse questioned the use of the term "high-rise apartment." Geshwiler
explained that by this was meant an 8 - 10 story structure. It was de-
cided that because "high-rise" meant different things to different people,
some other means be found to describe the structure.
Ogesen suggested that the diagrams of alternative floor plans be more
readable, and asked what the purpose of the diagrams was. Geshwiler
responded that these were intended to clarify some relatively abstract
concepts discussed in the report, such as individual balconies and
privacy.
A motion was made by Neuhauser, seconded by deProsse, to approve the
Housing Report. The motion carried unanimously.
LAND USE REPORT
Geshwiler said that, although the maps accompanying this report were
-4 -
difficult to read, this was the clearest way to present the overlay
process in writing.
In the third paragraph under the section "Locational Factors," the
word "should" in the eighth line was changed to "could."
Jakobsen expressed her opinion that the corridors as shown on the
Trafficways map (the last page of the report) were far too wide and
that such a representation would be extremely objectionable to the
public.
Ogesen said that he thought a problem existed with the new Zoning
Code and Maps, in that they did not take into account existing zoning.
Other Committee members felt that this was proper, stating that it
would be prohibitive if the new zoning were based on existing zoning.
The title of the report was changed from "Development Guidelines" to
"Locational Factors Report."
A motion was made by Neuhauser, seconded by Vetter, to approve the
Locational Factors Report. The motion carried 5-2. (deProsse and
Jakobsen abstained.)
PLAN ADOPTION PROCESS
It was decided that memos requesting a response to Comprehensive Plan
materials would be sent to those people involved who were not CPCC
members.
Ferret expressed concern over the adjusted time frame and wondered if
if might not be shortened somewhat. He pointed out that adoption of
the Plan was scheduled to take place right around election time next
fall, and that this might cause confusion and delay the process. It
was suggested that perhaps more could be accomplished in the summer
than was planned.
OTHER BUSINESS
The memo regarding the lost surveys from Marianne Milkman was discussed.
The Committee decided that the fact that the surveys had been lost and
that efforts to retrieve them had not been successful should be made
public immediately.
A motion was made by Neutauser, seconded by Cain, to repeat the Special
Survey concurrently with the General Survey. The motion carried unanimously.
-s -
The February 27 memo from Marianne milkman regarding the costs of
the General Survey was discussed. The Committee reaffirmed its
preference that the General Surveys be distributed by means of a
direct mailing.
The Committee then discussed letters from Sasaki Associates and
from Attic and Cellar regarding an addendum to the original contract
dated November 11, 1976. It was suggested that the slide show be
put together locally, and that an alternative task be performed by
Attic and Cellar.
A motion was made by Jakobsen, seconded by Cain, to defer considera-
tion of the addendum to the Attic and Cellar contract until the next
meeting. The motion carried unanimously.
Prepared by: 0___ '"�c'
Ellen Oszman, DCD
Approved by:
Patricia Cain,
Secretary, CPCC
SfAPF REPORT
TO: Planning and Zoning Commission
Item: 5-7708. Oakridge Estates
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use:
Surrounding land use:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
SPECIAL INFORMATION
Public utilities:
s
Prepared by: Don Schmciser
Date: 3/3/77
Willis M. Bywater
2501 Potomac Drive
Iowa City, Iowa 52240
Final plat approval
To establish 11 subdivided lots
for single family residential
development
North of Linder Road and cast of
Old Highway 218 (cast of Lime
Kiln Farm Estates addition) in
Johnson County
23.82 acres
Undeveloped with the exception of
a residence on proposed Lots 1 and
2
North - Iowa River and undeveloped
East - undeveloped
South (across Linder Road) -
undeveloped
West - undeveloped with the
exception of a single
family residence
Subdivision Ordinance requirements
of Chapter 9.50 of the Municipal Code.
3/31/77
4/15/77
No public utilities are anticipated.
Water service would be provided
from a private well and sewerage
service would be provided by a
septic tank located on each lot.
556 1
0
Public services:
Transportation:
Physical characteristics:
ANALYSIS
0
The only public services anticipated
are police and fire protection
provided through the County.
Vehicular access would be provided
from Linder Road.
'rhe topography is rolling to severe
with a slope range of from 2 to 45
percent. The site is very heavily
wooded.
The preliminary plat of the site was previously approved by the City, and with
the exception of the deletion of Lot 2 from the subdivision because of an
existing mortgage on the property, the final plat is in substantial compliance
with the approved preliminary plat. The plat is also in compliance with the
City's Subdivision Ordinance except for the construction and installation of
public streets and utilities and in accordance with City specifications.
However, as in case of the Lime Kiln Farm Estates addition located immediately
west of the subject subdivision and recently reviewed by the City (see Staff
Report S-7704 dated February 3, 1977), the City is compelled to adopt the
final plat on the basis that it is in substantial compliance with the approved
preliminary plat. In accordance with previously established policy, an assessment
waiver should be submitted to permit the City to construct and install the
public improvements upon annexation of the subdivision.
RECONHENDATION
It is the recommendation of the Staff that consideration of the final plat be
deferred until the deficiencies and discrepancies noted below have been resolved.
Subsequent thereto, the Staff recommends that the plat be approved and that
variances be granted in the following sections of the Subdivision Ordinance:
1. Section 9.50.5A.4.j -- side lines of lots shall be between 800 and 1000
to straight street lines, and
2. Section 9.50.SA.2, 9.50.50, 9.50.SC, 9.50.51) and 9.50.58 -- construction
and installation of streets, sewers, storm drains and sidewalks.
DEFICIENCIES AND DISCREPANCIES
1. A resolution, assessment waiver, and dedication document should be submitted.
2. The boundary line of the subdivision should be altered to include that portion
of Lot 2 within the turnaround of Hickory Ridge Lane.
ATTACHMENTS
1. Location map.
2. Staff Report S-7635.
ACCOMPANIMBN'P Y-X,�44
Final plat. /000L..K`/
Approved by:
Dennis Kra t� D of D D
r
,
i .
.. ..
Q 690 120JQ 18QO
FILE
NUMBER:
NORTH
GRAPHIC SCALE : 1"= 660'
S-770$
,
i .
0
SUBJECT:
Road in Johnson County, Iowa. Date filed:
11/21/76.
STAFF RVPORT
Planning and Zoning Commission
'October 18, 1976
S-7635. Oakridge Estates, Part 1.
Preliminary plat of a subdivision
located north of the corporate
limits of Iowa City on Linder
10/7/76; 45 -day limitation:
STAFF The subject plat submitted by
ANALYSIS: Willis M. Bywater subdivides
an approximate 26.3 -acre tract
of land into 10 large lots.
Since the subject plat is located well within the two-mile extraterritorial
jurisdiction of Iowa City, City approval is required. The plat, therefore,
must meet the requirements of Chapter 9.50 of the Municipal Code.
Situated in a heavy wooded area, the topographical characteristic of the
site is hilly with a slope range of from 2 to 45 percent. The northwest
boundary of the subdivision abuts the Iowa River. Although the subject plat
has been submitted as a preliminary subdivision plat, Lots 1 and 2 had
previously been subdivided by metes and bounds description. In addition,
the cul de sac, Oakridge Drive, is an existing gravel roadway.
The Planning and Engineering Divisions, having reviewed the subject plat,
noted several deficiencies and discrepancies with Chapter 9.50 of the Municipal
Code and the following changes should be made:
1. The name of the owner's attorney should be indicated on the plat.
2. Lot 1, as described on the plat, should have frontage on Oakridge Drive.
3. Provision should be made for the future dedication of 33 feet of right-
of-way along Linder Road, a collector street.
4. The maximum permitted length of the cul de sac is 900 feet. It is
recommended, however, that a variance be granted since the subdivision
abuts the Iowa River and consists of only 10 lots.
S. The grades of the cul de sac should be shown.
6. The plat should include a street cross section indicating the roadway
width, type of construction, etc.
7. Lot lines to Oakridge Drive should be between 80 and 100 degrees unless
varied by the City. It is the Staff's recommendation that a variance be
granted only in the case of where lot lines follow natural ravines.
B. All easements as recorded should be shown.
9. The street name, Oakridge Drive, should be changed since there currently
exists an Oakridge Avenue in Iowa City.
0
-10-
0
10. 'Phe plat should show the location of lot lines in Lime Kiln Farm
Estates located immediately to the west.
11. An immediate turn -around located approximately half -way along the cul
de sac should be provided.
12. Existing buildings and structures located within the subdivision should
be shown and the distance from existing lot lines indicated.
13. Existing septic tanks and fields, culverts, water lines, water courses
and other related structures should be shown.
14. An easement should be provided for future water mains to be constructed
between the turnarounds of the cul de sacs in the subject subdivision
and Lime Kiln Farm Estates to the west.
IS. A signature block for later endorsement by the City Clerk of the City's
approval of the plat should be provided.
STAFF It is the Staff's recommendation
RECOMMENDATION: that consideration of the subject
plat be deferred pending addition
and revision of the above noted
deficiencies and discrepancies and that the plat be submitted to the Riverfront
Commission for their review.
The Staff again reiterates the need for the City to establish a policy concerning
the construction of roads within subdivisions in the County and whether they
should be constructed according to City specifications.
STAFF Although the Storm Water Detention
COMMENT: Ordinance is now in effect, the
City Engineer, however, has
waived the requirement for
provision of storm water management since all drainage flows directly into
'tthe river.
I
i
3
E
CIVIC CENTER. 410 EWASHINGTON ST..
K#1
IOWA CITY. IOWA 52300
31935I -1B00
k
NOTICE
THE CITY COUNCIL OF IOIVA CITY IS CONSIDERING APPOINTMENTS
11) THE FOLLOWING COMMITTEE:
CODMITTEE ON COMMUNITY NEEDS
Three vacancies Wo -year Terms
March 1, 1977 March 1, 1979
It is the duty of members of the Committee on Community Needs to
coordinate communication charnels between groups and citizens of
Iowa City and the City Council and staff and then to responsibly
respond to program proposals as solutions designed to meet the com-
munity's needs.
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 March -8Y 1977, meeting of the
City Council at 7:30 P.M. in the Council Ch�eTs. 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.
=RH $elN�clt� h.Ery�-�
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fC MY[sw CIVIC CENTER. I IO E. WASHINGTON ST.
/Jf^// 1 K
IOWA CITY, IOWA 52210
(U � 319JSC•I BOp
s
I CRYf
sv+.raur,
NOTICE
TIO: CITY COUNCIL OF I011A CITY IS CONSIDERING AN APPOINTMENT
TO TI -0; FOLLOWING COMMISSION:
AIRPORT CONDIISSION
One vacancy Six-year Term
March 1, 1977 March 1, 1983
Duties: To exercise all the powers granted to cities and towns
under Chapter 330 of the Code of Iowa, except the power to sell
said airport. To annually certify the amount of taxes within
the limitations of the Statutes of the State of Iowa, to be
levied for airport purposes. All funds derived from taxation
or otherwise for airport purposes shall be under the full and
absolute control of the Airport Commission, deposited with the
City Treasurer, and disbursed only on the written warrants or
order of the Airport Commission.
Iowa City appointed members of boards and commissions must be
qualified voters of the City of Iowa City. This appointment
will be made at the March 8, 1977, City 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 avail-
able from the Clerk's office upon request.
CA,eOIINE 61"hREEi
71q/ Vr09ab0RA1
C1Z
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0
. OMM �� �� �• CIVIC CENTER. CIOE. WASHINGTON ST.
IOWAM. IOWA SII/D
319-35I-I1M
•�Ri� YM1;5�
NOTICE
TIIE CITY COUNCIL OF IOIYA CITY IS CONSIDERING AN APPOINT-
MENT TO THE FOLLOWING COMMISSION:
HUMAN RELATIONS COMMISSION
One vacancy ' - Unexpired Term
March 8, 1977 - January 1, 1978
The duties of the members of the Human Relations Commission are
to provide for the general welfare of the citizens of Iowa City
by studying the relationships of people of various races, colors,
creeds, religions, nationalities, sexes and ancestries living
within the community. To provide procedures for the operation
of said Commission to eliminate prejudice, intolerance, bigotry
and discrimination in the City of Iowa City. To provide for the
general welfare of the citizens of Iowa City, Iowa, by declaring
discriminatory practices in the areas of public accommodations,
employment and the leasing, sale, financing or showing of real
property to be against public policy and to provide procedures
for the investigation of complaints and conciliation and to pro-
vide for enforcement.
Iowa City appointed members of boards and commissions must be
qualified voters of the City of Iowa City.
This appointment will be made at the March 8, 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.
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359.
9
• Cita of Iowa C'
PJA ' semM
DATE: March 16, 1977
TO: Planning and Zoning Commission
FROM: Iowa City City Council
RE: Referral
At their regular meeting on March 15, 1977, the Iowa City
City Council took the following action:
It was moved by deProsse and seconded by Balmer to
refer to the Planning and Zoning Commission for review,
the present CH zoning of a tract of land near Mormon
Trek Blvd. for recommendation and report back to
Council with all due haste. Motion carried."
61