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Home My WebLink About2022-12-06 OrdinanceItem Number: 8. 4CITY OF IOWA CITY !iklii:�� COUNCIL ACTION REPORT December 6, 2022 Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," to eliminate the prohibition on landlords discriminating against Housing Choice Voucher (aka, Section 8) holders. (First Consideration) Prepared By: Susan Dulek, First Asst. City Attorney Reviewed By: Geoff Fruin, City Manager Stefanie Bowers, Equity Director Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice Vouchers (aka, Section 8), which is unenforceable as of Jan. 1, 2023 due to a recent change in state law. Background /Analysis: The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice Vouchers (aka, Section 8). In 2021 the Iowa legislature passed and the Governor signed SF 252, which is codified at Section 364.3(16) of the Iowa Code, preempting local governments from enforcing an ordinance that prohibits a landlord from "refusing to lease or rent out the dwelling unit to a person because of the person's use of a federal housing choice voucher issued by the United States department of housing and urban development" after Jan. 1, 2023. This ordinance removes the discrimination provision because it no longer is enforceable under state law. ATTACHMENTS: Description Ordinance Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance No. Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," to eliminate the prohibition on landlords discriminating against Housing Choice Voucher (aka, Section 8) holders. Whereas, the City Code prohibits landlords from refusing to lease to tenants who have Housing Choice Vouchers (aka, Section 8); and Whereas, in 2021 the Iowa legislature passed and the Governor signed SF 252, which is codified at Section 364.3(16) of the Iowa Code, preempting local governments from enforcing an ordinance that prohibits a landlord from "refusing to lease or rent out the dwelling unit to a person because of the person's use of a federal housing choice voucher issued by the United States department of housing and urban development" after January 1, 2023; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled "Definitions," is amended by deleting the strike -through text and adding the underscore text as follows: Public Assistance Source of Income: Income and support derived from any tax supported Federal, State or local funds, including, but not limited to, social security, supplemental security income, temporary assistance for needy families, family investment program, general relief, food stamps, and unemployment compensation; housing choice voucher subsidies and similar but not including rent subsidy programs. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by City Attorney's Office (Sue Dulek — 11/22/2022) 1 Ordinance No. Page 2 It was moved by and seconded by the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner that First Consideration 12-06-2022 Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None Second Consideration Vote for passage: Date published Item Number: 9. 4CITY OF IOWA CITY !iklii:�� COUNCIL ACTION REPORT December 6, 2022 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to repeal the rental permit cap provision. (First Consideration) Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: I n 2017, City Council established a rental permit cap to limit the percentage of rental permits for single-family and duplex homes in the central area of the City to stabilize those neighborhoods. In 2019, a new state law was adopted preempting local governments from imposing a rental permit cap on single-family or duplex homes. Although the rental cap provision has been unenforceable for three years, it was never repealed This ordinance repeals the provision. Background /Analysis: ATTACHMENTS: Description Ordinance Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance No. Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to repeal the rental permit cap provision. Whereas, in Ordinance No. 17-4734 codified at Section 17-5-16E of the City Code, City Council established a rental permit cap to limit the percentage of rental permits for single-family and duplex homes in the central area of the City to stabilize those neighborhoods; and Whereas, in 2019, the Iowa legislature passed and the Governor signed SF 447, which is codified at Section 414.1(1)(d) of the Iowa Code, preempting local governments from imposing a residential rental permit cap on single-family or duplex homes; and Whereas, it is in the best interest of the City to adopt this ordinance to repeal the rental permit cap provision. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Permit," Subsection E is amended by deleting the strike -through text as follows: F� .tal Permit Cap: 1. Definitions: :Map is depicted.: provided herein. This limit shall be known as the rental permit cap. • permit is issued before July 1, 2018. second unit. f. Approved bed and br- _ g. Dwelling with a temporary rental permit. h. Group household as defined in title 14 of this Code. i. A new single family dwelling or duplex if a building permit was i"sued before June 13, 2017. • 1 rental permit cap. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by City Attorney's Office (Sue Dulek— 11/29/2022) Ordinance No. Page 3 It was moved by and seconded by the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT Alter Bergus Harmsen Taylor Teague Thomas Weiner that First Consideration 12-06-2022 Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None Second Consideration Vote for passage: Date published Item Number: 10. 4CITY OF IOWA CITY !iklii:�� COUNCIL ACTION REPORT December 6, 2022 Ordinance amending Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," to allow sidewalk cafes outside of the downtown and Riverfront Crossings. (Second Consideration) Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Rachel Kilburg, Ass't. City Manager Ron Knoche, Public Works Director Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: Sidewalk cafes are currently only allowed in the Central Business zones and the Riverfront Crossings District. Staff recommends establishments without liquor permits should be allowed to have a sidewalk cafe in zones outside of the Central Business zones and Riverfront Crossings District. The ordinance allows the City Manager to impose restrictions in addition to those in the City Code and Council adopted policy, such as fewer hours of operation. Background /Analysis: A memo titled "Sidewalk Cafe Policy Updates" was discussed at City Council's September 6, 2022 Work Session. This memo provided an overview of the City's sidewalk cafe program and included recommended changes to the program, including expanding the zones where sidewalk cafes are permitted to encourage more throughout the community. This agenda item implements that recommendation. ATTACHMENTS: Description Ordinance Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. 22-4891 Ordinance amending Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," to allow sidewalk cafes outside of the downtown and Riverfront Crossings. Whereas, sidewalk cafes are currently only allowed in the Central Business zones and in the Riverfront Crossings District; and Whereas, establishments without liquor permits should be allowed to have a sidewalk cafe in zones outside of the Central Business zones and Riverfront Crossings District; and Whereas, it is in the City's interest to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection A is amended by deleting the strike -through text and adding the underscore text as follows: Except as provided herein, Ssidewalk cafes are permitted in the public right of way only in the central business zones (CB -2, CB -5, and CB -10 zones) and in the riverfront crossings district. Sidewalk cafes are permitted in other zones if the restaurant does not hold an alcohol license. In said other zones, the City Manager, or designee, may limit the hours of operation to fewer than those allowed herein and impose limitations on the operation of the sidewalk cafe which are more restrictive than the policy adopted by Council resolution. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this 6th day of December Attest: Approved by City Attorneyice -''(1 /08/2022 , 2022. City G'lerk OA - Ordinance No. 22-4891 Page 2 It was moved by Harmsen and seconded by Weiner the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Alter g Bergus g Harmsen X Taylor Teague Thomas Weiner that First Consideration 11/15/2022 Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Weiner NAYS: None ABSENT: Thomas Second Consideration Vote for passage: Date published 12/15/2022 Moved by Weiner, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None