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HomeMy WebLinkAbout1997-03-18 Public hearingCity of Iowa City MEMORANDUM Date: March 11, 1997 To: From: Re: The Honorable Mayor Naomi J. Novick and Membe, rs of the City Council Eleanor M. Dilkes, Assistant City Attorney~ Proposed Ordinance to Amend the Iowa City Human Rights Ordinance to Make it Substantially Equivalent to the Fair Housing Amendments Act of 1989 On your March 18, 1997 agenda is a motion to set a public hearing for April 8 on a proposed ordinance to amend the Iowa City Human Rights Ordinance to make it substantially equivalent to the federal Fair Housing Amendments Act of 1989 ("FHAA"). At its meeting on February 24, 1997 the Human Rights Commission voted to recommend enactment of the proposed amendments. Attached are copies of the proposed ordinance and the Human Rights Commission's minutes of February 24, 1997 (draft - not yet approved). iowa City's current ordinance is not substantially equivalent to the FHAA. Therefore, the Commission does not investigate complaints of discrimination in housing because such investigation and the Commission's determination will not be accepted as controlling by either the State Civil Rights Commission or HUD. A certificate of substantial equivalency from HUD will allow the Commission to investigate housing discrimination complaints and will provide funding to the City to facilitate the investigation of such complaints. HUD has reviewed the proposed amendments and informed us that they are acceptable. However, HUD will not issue a certificate of substantial equivalency until the ordinance is actually enacted. In addition to the public hearing, the first consideration of the ordinance will be on the agenda for April 8. We would like to move this matter forward and anticipate little public debate. This memo will summarize the proposed amendments and address some of the issues that may come up as you consider this ordinance. 1. Proposed Changes. In summary form, the proposed changes are as follows: a. Adding "intimidation" to the list of prohibited practices. Clarifying that protections against discrimination on the basis of familial status apply to any person who is pregnant or in the process of securing legal custody of an individual who has not attained the age of 18 years. Requires the Commission to notify complainants of the time limits and the choice of forums after the complaint is filed. Changes the statute of limitations from one year to 180 days. The statute of limitations has been changed to 180 days for all types of complaints in order to make the statute of limitations consistent with federal and state law. Changes service of notice of the complaint on the respondent from 20 to 10 days after the filing of the complaint. ~l~'~ Iowa City Human Rights Ordinance March 11, 1997 Page 2 Requires that the notice to the respondent advise the respondent of its procedural rights and obligations. Requires the Commission to commence proceedings with regard to the complaint within 30 days of filing (the ordinance now says "promptly"). Requires disposition of a complaint within one year of filing unless "impracticable" and requires notification to the complainant and the respondent of the inability to dispose of a case within one year. Adds to the list of possible remedial actions in Section 2-4-5 the Commission's assessment of a civil penalty. Adds a new section to Chapter 4 (Enforcement) which provides that in housin.q cases, either the complainant, respondent, or aggrieved person may elect to have the case decided in a civil action within 20 days after a probable cause determination. Allows an aggrieved person to file a district court action within two years of the incident and without regard to whether a complaint has been filed. The two year period does not include the time the complaint is pending. An action may not be filed if there has been a conciliation agreement or the Commission has begun a hearing. (Under the current ordinance the complainant may request a right to sue letter prior to the beginning of a hearing by the commission and must, after doing so, file its district court action within 90 days. In addition, under the current ordinance the filing of an administrative complaint is a prerequisite to a district court action.) If a timely election is made to have the case decided in a civil action after a probable cause determination has been made, the Commission shall authorize the filing of a civil action on behalf of the complainant and the city attorney, or its designated agent (i.e., retained outside counsel), shall commence and maintain the action. Sets forth provisions applicable to a district court action, including the possible remedies, which include punitive damages. Definitions of "aggrieved person," "dwelling," "housing accommodation," and "covered multi-family dwelling" are added to Chapter 5 (Fair Housing). o. Section 2-5-2 (Exceptions) is amended as follows: 1. Revising the wording of the exemption for religious institutions allowing them to discriminate only on the basis of religion. Revising the exemption for nonprofits to limit the exception to nonprofits affiliated with religious institutions and allowing them to discriminate only on the basis of religion. 3. Revising the owner-occupied exception. An owner is a person with an interest of 50 percent or more. Iowa City Human Rights Ordinance March 11 ,' 1997 Page 3 Amending the "housing for older persons" exception to the prohibition on discrimina- tion based on familial status to conform with recent changes in federal law. The Housing for Older Persons Act of 1995 replaced the original parameters of the 55-or- older exemption. in essence, the act eliminated the requirement that "significant facilities and services" be provided to meet the physical or social needs of the older persons. Now, in order to qualify for the exception, the Housing for Older Persons Act requires only: (1) that the housing be intended and operated for persons 55 years of age or older; (2) that at least 80 percent of the occupied units be occupied by at least one person who is 55 years of age or older; and (3) the housing facility or community publish and adhere to policies and procedures that demonstrate its intent to qualify for the 55-or-older exemption. The housing facility or community must also comply with rules issued by HUD for the verification of occupancy. p. Does not allow advertisement concerning the following exceptions: i. The rental of four or fewer rooms in an owner-occupied housing accommodation; ii. Restrictions based on sex when both sexes would share a common bathroom facility; and iii. Owner-occupied rentals with four or less dwelling units. Changes the initial occupancy date for covered multi-family dwellings that must be in compliance with the design and construction accessibility standards from January 1, 1992 to March 13, 1991. Amends Section 2-5-4 to allow the Commission to authorize a civil action for temporary relief after a complaint is filed if it determines that "prompt judicial action" is necessary and requires the City Attorney or its designated agent to maintain the action. Dale Helling, Heather Shank, and I have discussed the proposed changes and have identified the following issues. Apparently, the last time an attempt was made to make the ordinance substantially equivalent to the Fair Housing Amendments Act, the City Council was disturbed by the requirement that if a complainant or respondent elects to have its case decided in a civil action after a probable cause determination the City Attorney, or its designated agent (i.e., retained outside counsel), must commence and maintain that action. Initially, we had some concern that this amendment would require the City Attorney to represent the complainant. Representation of the complainant would lead to a variety of difficulties, including possible conflicts of interest, and is not possible because the City Attorney represents the City, not private parties. However, we have resolved this issue after discussions with Rick Autry at the Attorney General's office, who represents the Iowa Civil Rights Commission, and Bill Blum of Dubuque, the attorney representing Dubuque's Civil Rights Commission. The Dubuque ordinance has been substantially equivalent for four to five years. Dubuque has had no elections to take a case to district court but Bill Blum was of the opinion that in such action he would represent the Commission on behalf of the complainant. Rick Autry said that in the last several years the parties in State Iowa City Human Rights Ordinance March 11, 1997 Page 4 proceedings have almost exclusively used the election procedure to take the case to district court. Rick fashions the action as "State ex rel complainant vs. respondent." "Ex rel" means "based on the information of." His position is that the attorney general can only represent the State and does represent the State in these actions. In the six to seven cases he has taken to district court under this provision he has not had a conflict develop between the interests of the State and the complainant. If a conflict did arise, he would advise the complainant that he could intervene in the action and hire his own attorney. Rick Autry also noted that HUD rules require that in housing cases a probable cause determination cannot be made unless a case is "litigation worthy." Thus, the City Attorney, or its designee, proceeding to district court after an election is made would already have made the determination that the case was "litigation worthy." The provision requiring the City Attorney or its designee to maintain the action if an election is made also raises the issue of money needed to fund these actions. In the four to five years that Dubuque has been substantially equivalent it has had no elections. Bill Blum stated that his impression from talking to other cities' representatives at HUD conferences is that the election procedure is not commonly used in other cities either. However, Rick Autry informs us that in the last several years on the State level, in all 6-7 cases one or both of the parties have elected to pursue a district court action. Loretta Dickson at HUD in Washington, who is familiar with the Iowa City Human Rights Ordinance, has informed Heather that some of the capacity building funds we receive in the first two years after substantial equivalency could be transferred to a separate housing account in the City Attorney's budget in order to pay for housing-related litigation costs. The receipt of HUD money will require substantial monitoring and review by the federal government. HUD money can be used only for housing activities. The nature and extent of this restriction is somewhat unclear. Heather's conversation with Ms. Dickson at HUD in Washington, D.C. led us to believe, for instance, that a computer purchased with HUD funds could only be used for housing. However, Bill Blum of Dubuque referred us to Myrtle Wilson, head of Investigations in Kansas City, who actually monitors the Dubuque program. She told us that a computer purchased with HUD funds would "absolutely not" have to be used only for housing activities. She also agreed with Ms. Dickson that some of the capacity-building funds could be used to fund litigation. However, she said the persons hired with HUD money may work only on housing cases. On a positive note, Bill Blum described his experience with HUD/substantial equivalency as a "good deal," involving "good training" and "good computers." Please call me if you have any questions. Attachments cc: Heather Shank, Human Rights Coordinator Dale Helling, Assistant City Manager Linda Newman Woito, City Attorney eleanor/memo/h umanrt2.mrno Prepared by Eleanor Dilkes, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA §2240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2, THE HUMAN RIGHTS ORDINANCE OF THE CiTY OF IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY EQUIVALENT TO THE FAIR HOUSING AMENDMENTS ACT OF 1989. WHEREAS, Title 2 of the City Code, the Human Rights Ordinance, has been reviewed by the United States Department of Housing and Urban Development ("HUD") and HUD has determined that said ordinance is not substantially equivalent to the Fair Housing Amendments Act of 1 989 ("FHAA"); and WHEREAS, in order to obtain funding from HUD designated to facilitate investigation of housing discrimination claims, and to investigate claims of housing discrimination in Iowa City, it is necessary that the Iowa City Human Rights Ordinance ("ICHRO") be certified by HUD to be substantially equiva- lent to the FHAA; WHEREAS, HUD has informed the City of Iowa City that certain amendments must be made to the ICHRO before a certificate of substantial equivalency will be issued; and WHEREAS, although HUD will not officially determine that the ICHRO is substantially equivalent to the FHAA until the ICHRO is actually amended by ordinance, it is anticipated that the amendments to the ICHRO made herein will make the ordinance substantially equivalent to the Fair Housing Amend- ments Act of 1989. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 1 of Title 2 of the City Code is hereby amended by deleting subsection (C) of the definition of "Familial Status" in Section 2-1-1 and substituting the following as a separate and distinct unlettered paragraph after subsection B of said section: Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. SECTION II. Chapter 3 of Title 2 of the City Code is hereby amended by: a. Deleting the title of Section 2-3-5 and substituting the following in lieu thereof: AIDING OR ABETTING; RETALIATION; INTIMIDATION. b. Adding a new subsection (C) to Section 2-3-5 to read as follows: C. Any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Section 2-3-1, 2-3-2, 2-3-3, 2-3-4, 2-5-1, or 2-5-3. SECTION III. Chapter 4 of Title 2 of the City Code is hereby amended by: a. Adding a new subsection "B" to Section 2-4-1 to read as follows: B. Upon the filing of a complaint the Commission shall serve notice on the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law. b. Deleting subparagraph "D" of Section 2-4-1 and substituting, in lieu thereof, the following: D. A claim under this Title shall not be maintained unless a complaint is filed with the Commis- sion within 1 80 days after the alleged discriminatory or unfair practice occurred. co Relettering subparagraphs "B", "C", "D" and "E" of Section 2-4-1 as "C", "D", "E" and "F," respectively. d. Amending subparagraph "A" of Section 2-4-2 by deleting said section and substituting in lieu thereof, the following: Ordinance No. Page 2 A. After the filing of a verified complaint, a true copy shall be served within ten (10) days by certified mail on the person against whom the complaint is filed. e. Amending Section 2-4-2 by adding a new subsection "B" to read as follows: B. Upon the filing of a complaint the Commission shall promptly serve notice on the respon- dent or person charged with the commission of a discriminatory housing practice advising them of his or her procedural rights and obligations under the law or ordinance together with a copy of the complaint. f. Amending Section 2-z~-2 by adding a new subsection "C" to read as follows: C. The Commission must commence proceedings with respect to the complaint before the end of the 30th day after receipt of the complaint. g. Relettering subparagraphs "B", "C", "D" and "E" of Section 2-4-2 as "D", "E", "F" and "G" respectively. h. Amending Section 2-4-3 by adding a new subsection "E" to read as follows: E. The Commission shall make final administrative disposition of a complaint within one year of the date of receipt of a complaint, unless it is impracticable to do so. If the Commission is unable to do so, it shall notify the complainant and respondent in writing. i. Amending Section 2-z~-5 by adding a new subsection "K" to read as follows: K. In connection with housing discrimination complaints under Chapter 5 of this Title, the Commission may, to vindicate the public interest, assess a civil penalty against the respon- dent in an amount not to exceed those established by Code of Iowa Chapter 216.15A. Funds collected under this section shall be paid to the City of Iowa City for deposit to the City Treasury to the credit of the general fund. j. Adding a new Section 2-z~-10 to read as follows: Section 2-z~-10: CIVIL ACTION ELECTED-HOUSING: A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of Chapter 5 of this Title was filed, may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administra- tive action under Section 2-5~z~ (G), must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the Commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued. 2. The person making the election shall give notice to the Commission and to all other oomplainants and respondents to whom the election relates. 3. The election to have the charges of a complaint decided in a civil action as provided here, is available only if it is alleged there has been a violation of Section 2-5-1 or 2-5-3. B. An aggrieved person may file a civil action in district court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing or real estate practice, whichev- er occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that complaint by the Commission. 2. An aggrieved person may file an action under this section whether or not a discriminatory housing or real estate complaint has been filed under Section 2-5-1 and/or Section 2-5-3, and without regard to the status of any discriminatory housing or real estate complaint filed under those Sections, but: a. If the Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the Commission if the Commission has begun a hearing on the record under this chapter with respect to the charge. k. Adding a new Section 2-z~-11 to read as follows: Ordinance No. Page 3 Section 2-4-1 1: CIVIL PROCEEDINGS-HOUSING: · A. 1. If timely election is made under Section 2-z~-10(A), the Commission shall authorize, not later than thirty days after the election is made, the filing of a civil action on behalf of the complainant in district court and the City Attorney, or its designated agent, shall commence and maintain such action. 2. An aggrieved person may intervene in the action. 3. If the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may grant as relief any relief that a court may grant in a civil action under subsection D. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the district court shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the district court. B. A commission order for remedial action and a commission order that has been substantially affirmed by judicial review, do not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this Title. C. If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Commission, not later than thirty days after the date of the issuance of the order, shall do all of the following: 1. Send copies of the findings and the order to the governmental agency. 2. Recommend to the governmental agency appropriate disciplinary action. D. In an action under Section 2-z~-10(A) or 2-4-10(B), if the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may award or issue to the plaintiff one or more of the following: 1. Actual and punitive damages. 2. Reasonable attorney's fees. 3. Court costs. 4. Subject to subsection E, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action. E. Relief granted under this section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this Title or a civil action under this section. F. The city attorney, on behalf of the Commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in district court. G. A court in a civil action brought under this section, or the Commission in an administrative hearing under section 2-5-4(G), may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party. SECTION IV. AMENDMENT. Chapter 5 of Title 2 of the City Code is hereby amended by: a. Amending Section 2-5-1 by adding a new subsection "F" to read as follows: F. For purposes of this title, "aggrieved person" includes any person who: 1 ) claims to have been injured by a discriminatory housing practice; or 2) believes that such person will be injured by a discriminatory housing practice that is about to occur. b. Amending Section 2-5-1 by adding a new subsection "G" to read as follows: G. For purposes of this Chapter, "dwelling" and/or "housing accommodation" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. c. Amending Section 2-5-1 by adding a new subsection "H" as follows: H. For purposes of this Chapter, "covered multifamily dwelling" means any of the following: a. A building consisting of four or more dwelling units if the building has one or more elevators. b. The ground floor units of a building consisting of four or more units. Ordinance No. Page 4 d. Amending Section 2-5-2 by deleting subparagraph "A" thereof and substituting the following: A. Any bona fide religious institution with respect to any qualifications it may impose based on religion, when these qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income. e. Amending Section 2-5-2 by deleting subparagraph "C" thereof and substituting the following: C. Any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of age, oolor, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income. f. Amending Section 2-5-2 by deleting subparagraph "E" thereof and substituting the following: E. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner occupies the premises, or some portion thereof, and actually resides therein. For the purposes of this exemption, 'Owner' shall be defined as a person having at least a fifty percent (50%) interest in the property. g. Amending Section 2-5-2 by deleting subparagraph "F." h. Amending Section 2-5-2 by deleting subparagraph "G" and substituting the following: G. Nothing in this Title limits the applicability of the City's restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this Title regarding familial status apply with respect to housing for older persons. For the purposes of this title "housing for older persons" means housing: 1. Provided under any State or Federal program that is specifically designed and operated to assist elderly persons (as defined in the State or Federal program and as determined by the Secretary of Housing and Urban Development); or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older person under this subsection, the regulations promulgated by the Secretary of Housing and Urban Development shall apply and at least the following two criteria must be present: a. that at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and b. the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. However, such housing may not otherwise be restricted on the basis of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, public assistance source of income or presence or absence of dependents. i. Amending Section 2-5-2 by deleting subparagraph "H." j. Amending Section 2-5-2 by deleting the introductory paragraph thereof and substituting the following: 2-5-2: EXCEPTIONS: The following are exempted from the provisions of this Title, except that paragraph C of Section 2-5-1 of this Title prohibiting discrimination in advertising shall apply with regard to paragraphs B, D, and E of this Section. k. Amending Section 2-5-3 by deleting "January 1, 1992" in subparagraph "E" and replacing it with "March 13, 1991" I. Amending Section 2-5-4 by deleting subparagraph "D" and substituting in lieu thereof the following: Ordinance No. Page 5 D. If the Commission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purpose of this Title relating to unfair or discriminatory housing or real estate practices, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint and the City Attorney and/or a designated agent shall promptly commence and maintain such proceedings. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. 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 ,1997. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office eleanor\hrc.ord HUMAN RIGHTS COMMISSION MINUTES February 24, 1997 Meeting COMMISSION MEMBERS PRESENT: Diane Martin, Mel Dautremont, Pat Harvey, Ann Shires, Jan Warren, Mary Theisen COMMISSION MEMBERS ABSENT: Derek Hall, Joan Jehle, Tom Dickerson STAFF PRESENT Heather Shank, Eleanor Dilkes, Kaci Carolan CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:07 p.m. APPROVAL OF MINUTES: A number of corrections to the Minutes of the January 27, 1997 meeting were noted. Hall and Shires' names were added to those commissioners who helped with Cultural Diversity Day. The Quire's name was corrected. Additionally, the Commission requested that the section regarding possible post-investigative mediation be re-written for clarity and to better reflect the Commission's reasoning for rejecting this proposal. Shank agreed to re-write that section. Approval of the minutes was deferred until the March meeting to allow for these amendments. RECOMMENDATIONS TO COUNCIL: The Commission recommends the Council approve the Human Rights 'Ordinance as revised. STAFFING UPDATE: Warren, Jehle, Shires, Martin, and Harvey attended the February 3 budget workshop with Council to support the proposal to change Carolan's half-time position to a full-time one. Shank reports that Council has indicated their approval, although this is unofficial. This change would be effective July 1 (once approval is official). However, Shank indicated that once formal approval is received, she intends to approach City Manager Steve Atkins and request that Carolan begin full time sooner, utilizing funds allocated for "temporary help" in Shank's current budget. Shank further explained that at the February 3 budget meeting, Councilperson Lehman had inquired about the possibility of contracting with outside attorneys to attempt to clear some of the case backlog faster. Shank called commissioners' attention to a memo (contained in the agenda packet) which discussed this idea and explained why it was not feasible. Shank's suggestion was hiring a third temporary investigator to clear the backlog, but there's not sufficient money in the budget for that. SUBSTANTIAL EQUIVALENCY AND HUD FUNDING. Commission members opined that Council seemed confused by the "phantom" HUD money (the money we should get once we become substantially equivalent). Martin asked whether the chart prepared by Shires included housing specialists in the "number of staff" row. Shires said no. She clarified that, although Dubuque used to have two housing specialists, they no longer do (mainly because the HUD substantial equivalency funds are only disbursed in the first two years of equivalency, and Dubuque has been equivalent for 5+ years). Cedar Rapids currently has two housing specialists, but they just received $100k start up funds from HUD. If we get substantial equivalency status and the related start up funds, Shank believes we will need to hire a separate housing specialist to do investigations (housing only) and public outreach/education. Shank also explained that HUD will require us to buy a computer (to their specifications), and that although she had originally been told that this could only be used for housing, the Kansas City field agent (who will be doing the actually oversight/audit of our HUD funds) said that's ridiculous, and of course we can use the computers for other things. Dilkes suggested Shank call the field agent and ask her opinion on the prior personnel question (whether an investigator hired with HUD funds to do housing investigations may assist in non-housing investigations when time permits). REVISED HOUSING ORDINANCE: Dilkes offered to answer any questions about the revised housing ordinance and/or her memo outlining the major changes. Harvey raised the issue of the district court election (where the complainant opts to go forward in district court, and the City Attorney must, under the ordinance, commence and maintain that action-- essentially, must represent the Complainant). Dilkes indicated that she and Shank feel they have essentially resolved the conflict of interest concern. She explained that the City Attorney would be representing the Commission "on behalf o£' or "on the information of'' the Complainant. If a conflict were to arise, the City Attorney's allegiance would be to the Commission, and the Complainant would be told that s/he could retain a private attorney. The Commission would not be responsible for paying for this private attorney. When asked for an example of a conflict, Dilkes said the most obvious one would be where a Complainant believed s/he deserved more money than the Commission felt was justified. Dilkes went on to address What she anticipates will be Council's biggest concern, to-wit, funding. How is the City to pay for the City Attorney's Office to litigate the district court election? Initially, it's expected that not many people will utilize the election, but as they become more aware of it as an option, it may become more popular. Apparently at the State level many people are utilizing it, often Respondents, who don't trust the Commission (presumably on the basis of partiality) to issue the decision. Dilkes' memo notes that money from the HUD start up funds can be moved into a separate account to pay for the elections, but Shires questioned whether this would ultimately provide enough money. It was agreed that there really is no way to guarantee we'll be able to cover those expenses. Dilkes said that in her opinion, all we can do is assure Council we'll try t.o use some of the start up funds if permitted by HUD, and if it gets out of hand, Council has the right to repeal the amended ordinance. Shank wanted to be sure that the Commission understood the implications of the "litigation worthy, standard as it effects the district court election. She explained that the City Attorney must accept a case under an election only if the Commission feels the case is "litigation worthy." Shank explained that this is a much higher standard than the "more likely than not" that is used for decisions in other areas. A probable cause decision in a housing case will essentially amount to: "we're prepared to litigate this case, we think we can win it." Shires raised a question about how the "right to sue" (or removal to district court) operated differently in housing cases. Dilkes explained that normally a Complainant must file with an administrative agency (such as ICHRC) first before s/he can proceed in district court. However, in the area of housing, complainants may file directly with the court without first Human Rights Commission February 24, 1997 Minutes Page 3 going through an administrative agency. The Commission is not required to pay for these cases. Martin asked for clarification of the prohibition on advertising within the exceptions. Harvey expressed dissatisfaction about the nonprofit exemption being limited to religiously-affiliated non-profits. Shank outlined the adoption process once the amended ordinance is approved by the Commission. The question was raised as to whether the ordinance should be put to vote, or put off until the March meeting. After much discussion, Dautremont moved to accept the amended ordinance. Shires seconded. Vote was called. Five in favor; no opposed. The ordinance is accepted. REPORTS OF COMMISSIONERS: Dautremont: On March 21, NOW is holding its third annual talent show at Gunnerz. March 3 at 7:30 p.m. in the Triangle Ballroom is the Convocation for Women's History Month. Something fun is going on at the International Center on March 15, something with dancing and food, but Dautremont was unable to get any other details. Shires and Martin reported on Cultural Diversity Day. Shires noted that they were approached several times by people wanting to discuss human rights violations in other' countries. The printing errors in the Domestic Registry pamphlet and the Human Rights pamphlet were discussed. Warren: Reported on Adrien Wing's speech at the beginning of February, which she said was excellent, but attendance was so low as to verge on the embarrassing. Theisen: reported on Human Rights - Iowa City (the citizen's group). The group is preparing to present a forum on April 3 from 7-9 p.m. at the Public Library, with different people leading various groups as part of an education campaign. Theisen says she believes it will be worthwhile for the Commission to have someone involved, but the meetings are always at lunchtime on a weekday, and she cannot attend on a regular basis. Warren indicated that so long as the meetings are not always on Tuesday (when she has a conflict) she could attend. Shank: Proposed showing the movie Gentlemen's Agreement as a public forum during April sometime. Because the movie's long, Shank suggested there not be a panel discussion afterwards. Her idea was to show it as a Saturday matinee, and that we sell popcorn (provided the Library permits it). Shank agreed to check to see if April 26 is available. Shires: Indicated there is not much to report regarding the IC Diversity Team. She indicated that there seems to be a lack of leadership at the moment. Someone from the plam~ing group needs to take the lead and facilitate reaching out to interested groups and individuals. Extensive discussion took place over whether the ICHRC should or needs to be the organization to do that. Warren suggested that perhaps the newly-restructured Opportunity at Iowa has the resources to fulfill this role. Human Rights Commission February 24, 1997 Minutes Page 4 OLD BUSINESS: None. NEW BUSINESS: Shank: Pointed out that there is a House proposal to add sexual orientation to the federal Civil Rights Act of 1964. Shank also inquired whether the Commission as a group wishes to make a statement to its legislators about the death penalty, given that it disparately impacts racial minorities and the poor. It was agreed that such a letter should be unanimous, and so any decision should wait until all Commissioners have had a chance to express their opinion. Shank: Passed around an Iowa legislative bill which made changes in the law regarding disabled parking. The impact of this bill will be felt in January, 1998. The law requires the name of a person's doctor to appear on their handicap parking placard, and requires identification as "handicapped" on an individual's license plate. It was moved that the Commission would draft a letter opposing this, as it infringes on individual's privacy rights. Shires/Dautremont. Shires: ICHRC has had a tradition of having a breakfast with former long-term Commissioners. The current Commission will be having breakfast with Alison Ames-Galstad at 8:30 a.m. on Saturday. March 8, at The Cottage. Shires agreed to call and invite Peery and Davidson. STATUS OF CASES: Two in Legal. Awaiting paperwork on one mediation. Awaiting paperwork on one conciliation. NEXT COMMISSION MEETING: Monday, March 24 at 7 PM in the Civic Center Lobby Conference Room. Dautremont and Shires will be unable to attend. ADJOURNMENT: The meeting adjourned at 9:07 p.m. 2/26/97 Transcribed by kkc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 18th day of March, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: an ordinance vacating the portion of the alley located south of Lot 2 of the A. E. Strohm Addition, generally located south of Bowery Street between Governor and Lucas Streets. Copies of the proposed ordinance are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\3-18.nph Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. ORDINANCE VACATING THE PORTION OF THE ALLEY LOCATED SOUTH OF LOT 2 OF THE A.E. STROHM ADDITION, GENERALLY LOCATED SOUTH OF BOWERY STREET BETWEEN GOVERNOR AND LUCAS STREETS. WHEREAS, the majority of the property owners in the area have requested the vacation of the 12 foot wide alley right-of-way, described below; and WHEREAS, the subject alley is substandard in terms of right-of-way width; and WHEREAS, the subject alley is not paved with material suitable for frequent vehicular traffic; and WHEREAS, the properties which abut the alley have alternative means of street access via Lucas Street or Governor Street; and WHEREAS, all necessary public and private utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of all necessary public and private utility ease- ments, the City of Iowa City hereby vacates a portion of the alley located in the A.E. Strohm Addition described as follows: The portion of the 12 foot wide alley located south of Lot 2 and north of the Iowa Interstate Rail- road right-of-way within the A.E.M. Strohm Addition to Iowa City. SECTION I1~ REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or Ordinance No. Page 2 part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,19__ MAYOR ATTEST: CITY CLERK Ap rE~ved,,by _ /7 ,,~ , It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef that the Ordinance First Consideration Vote for passage: ppdadmin~strohm.ord Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: VAC97-0001. Alley in A.E. Strohm's Addition Date: February 6, 1997 GENERAL INFORMATION: Applicant: City Initiated Requested action: Vacation of alley. Purpose: To eliminate potential for additional traf- fic. Location: South of Bowery Street between Gover- nor and Lucas streets. Comprehensive Plan: Residential, 8-16 dwelling units per acre. File Date: January 16, 1997 BACKGROUND INFORMATION Owners of property located south of Bowery Street between Lucas and Governor Streets submit- ted a petition requesting that this alley remain closed (see attached petition). Technically the alley does not appear to have ever been officially closed, although most of the alley has not been used for several years. With the exception of the east-west portion of the alley and an area located west of Lots 1 and 2 of A.E. Strohm's Addition', where recent construction has occurred, the alley is overgrown with grass. After receiving the petition the City Council referred the request to staff and indicated that vacation of the alley should be initiated. ANALYSIS The subject alley was platted near the turn of the century as a twelve foot wide right-of-way. As shown on the location map the alley begins east of Lucas Street on the north side of Lot 1 and then travels north-south between Lucas and Governor Streets until it reaches the Iowa Interstate Railroad right-of-way. It then turns east until it intersects with Governor Street. The alley right-of- way is only 12 feet wide and none of the alley is paved. Typically alley right-of-ways are 20 feet wide and when improved and opened to traffic, the paved or rock surface is generally 16 feet wide. This allows two-way traffic and access for large service vehicles such as trucks. In this case only the east-west portion of the alley adjacent to Lot 1 and Lots L, K and J, has a surface material of rock to allow vehicular traffic. The area adjacent to the east side of Lots 1 and 2 has recently been graded as part of a construction project occurring on Lot 2 (620 S. Lucas Street). The remainder of the alley may have been covered by a rock surface at some point in the past but is now overgrown. Long-term residents of the area recall that at one time the alley was open to vehicular traffic and that City refuse trucks used it to pick up refuse. Maintenance of the alley by the City was apparently ceased several years ago. With the exception of the east-west portion of the alley adjacent to Lot 1 and Lots' L, K and J, it has not been used for vehicular traffic. In the fall of 1996 a building permit was issued to allow the construction of a duplex on Lot 2 (620 South Lucas Street). This new duplex will rely on the alley for vehicular access. In the attached letter dated December 22, 1996, the owners of this property have requested that the alley be left open to allow access to the adjacent three lots to the south (Lots 3, 4 and 5). As stated other property owners in the area have requested that the entire alley be vacated. There are existing developments which rely on the alley for access to parking areas in the vicinity of the northern portion of the alley. The most recent of these being the duplex which is currently under construction. South of Lot 2, where the duplex is under construction, there are no other properties which rely on the alley for vehicular service. All of the other lots on Lucas and Governor streets in this vicinity have vehicular access via the streets rather than the"'alley. Alleys can provide access to the rear of properties and serve as an alternative to streets for access to garages and parking areas. They can also serve as a location for utility lines. This alley, however, was never designed or constructed to City standards. Until recently, it only served to provide a means of vehicular access to those properties fronting on Bowery Street (Lots L, K, J of the A.E. Strohm's addition). Unless an additional 8 feet of right-of-way is dedicated and the alley is improved to provide a 16 foot wide travel surface, it would not be appropriate to allow for additional vehicular traffic to use it. It would not be reasonable to remove or vacate portions of the alley which currently provide access to garages and parking areas; this would include the garage currently under construction on Lot 2. However, unless the alley is improved to City standards, portions of the alley south of Lot 2 should be vacated. There currently are no City utilities located within the alley right-of-way. There do not appear to be private utilities such as gas or electric located in the alley. The private utilities have been notified and asked to comment on the proposed vacation. STAFF RECOMMENDATION: Staff recommends that the portion of the alley located south of Lot 2 of the A.E. Strohm's addition located south of Bowery Street between Governor and Lucas streets be vacated. Approved bY:14ar/ih Franklin, DirecTor Attachments: 1. Location map 2. Plat map 3. November 6 petition 4. December 22 letter from Ron and Lisa Sweeting ppdadmin\stfrep\alley.rm _ 0 _S _1 IlIAINNS UON~3AOO h,13aJQ8 0-- >- IS >IUV'IO Xi I I / ~/I z 1"13A3S00~ ..,<: b, 30GOG NOSFIHOP H (j') NVA IS U31S83M un8 iS ¥~ zO ,At/&& I0 II J£RoA4 £'~ ~N 0 P Q R'~ ~T U V W X Y Z ~ BOWERY ~L K J I H~ I ~'-"~ ~ ~o · ' STREET 3Z7 -. 6 5 ,4 DD/ November 6, 1996 We the citizens and property owners in the STROHM'S ADDITION, on South Lucas St, Bowery S%., and Governor St., would like to ask that the City please leave the North/South alley closed. Ron Sweeti~g has already received a Building Permit to use access for Lot 2 on 618 S. Lucas. We request that the alley be closed for any other future development. ALLEY ADDRE S S OWNER S I GNATURE OP EN/CLO S ED Date: To: From December 22 1996 Karin Franklin, Director Of Planning and Community Development Ron And Lisa Sweeting Ron and Lisa Sweeting are the owners of the property in lot 3 of the Strohm's Addition At 624 S Lucas St and have owned it since 1982. We have budgeted to build a new duplex and garage on that lot and in our planning we are going to use the alley as access to the garage. We have been using the alley at the above address on a regular basis every year since we purchased the property. We are also the owners of the property at 638 S Lucus, we use the alley to access this property as well. We have a garage on that property that was built to close to the property line to the south and we have planned to build a new two car garage there at a later date, and remove the old garage. We are requesting that you leave the alley open, which you have previously stated has never been close, to the south side of the property located at 638 S Lucas, which is in Lot 5 in Strohm's addition. Our request involves approximately 140 additional ft beyond lot 2 and 20. Ron Sweeting Lisa Sweeting March 3, 1997 To the Members of the Io%ra City Planning and Zoning Committee: The narrow alley of the 600 block between S. Lucas St. and S. Governor St. has been officially closed for many years. The neighbors have happily and helpfully maintained the alley through these years. The property involving the deteriorating house between the new Sweeting duplex and the Rogers property in the 600 block of S. Lucas St. has a driveway on the north side of the property which is still in use today. There is no need for alley access to this property. The property involving the former Cain home in the 600 block of S. Governor Sto has a drivelray on the north side of the property that is still in use today. There is no need for alley access to this property. The alley in question is not wide enough for two cars to pass in the best of weather conditions, and during adverse weather conditions the cars would go over the drop-off into our backyard -- and you can believe THAT would cause MAJOR problems! The gentle slope of the property from Sun, nit Street west already creates a ground w~ter drainage problem in our basements on S. Lucas St.. More gravel and concrete for alley access would only compound these problems. In our opinion, it is not necessary to re-open the alley in question to accomodate further housing development of any kind. We would like to continue the enjoyment of using our backyards and back porches. We would like to continue having our windows open for the su/mner breezes. We paid OUR money for these privileges -- don't we count? We ask that you DO NOT re-open the alley in the 600 block between S. Lucas St. and S. Governor St. TJ0ank-you~ ./ vf--- ~vert and Ruth Switzer 646 S. Lucas St. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 18th day of March, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the 1~.11enOWing items: n ordinance amending Title 14, Chapter 6, titled "Zoning," Article N, "Off-Street Parking and Loading," to remove the require- ment for off-street parking spaces for com- mercial uses in the CB~5 'zone, and placing a maximum of one parking space per 500 square feet of floor area for parking spaces which are provided for commercial uses. 2. An ordinance amending Title 14, "Unified Development Code," of the City Code by amending Chapter 9, Article A, "Parking Facility Impact Fee," to exclude commercial development. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\3-18-2.nph Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCENO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR COMMER- CIAL USES IN THE CB-5 ZONE. WHEREAS, it is the intent of the Iowa City City Council to encourage commercial development within the CB-5 zone; and WHEREAS, the City plans to build public parking facilities in or near the CB-5 zone to accommodate parking demand; and WHEREAS, removal of parking requirements for commercial uses in the CB-5 zone will encourage the development of commercial property; and WHEREAS, placing a maximum on the number of parking spaces privately provided in the CB-5 zone will encourage more extensive commercial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 2, entitled "Zoning" of the City Code be hereby amended by repealing Article N, entitled "Off-Street Parking and Loading," Section 14-6N-1, subsections J.2:d.2, J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2, J.2.m.3, J.2.n.2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, J.2.v.2, J.4.a.2, J.5.f.2, reading "One (1) parking space for each 1,200 square feet of floor area," and subsection J.5.c.2, reading "No parking required for theaters," and adding new subsections J.2.d.2, J.2.f.2, J.2.g.2, J.2.h.2, J.2.i.2, J.2.j.2, J.2.m.3, J.2.n.2, J.2.o.2, J.2.p.2, J.2.q.2, J.2.s.2, J.2.u.2, J.2.v.2, J.4.a.2, J.5.c.2, J.5.f.2, to read as follows: Subsection No. Principal Use Zone Number of Spaces Bicycle Parking 14-6N-J.2.d.2 Banks, savings and CB-5 loan institutions and credit unions 14-6N-J.2.f.2 Furniture, major CB-5 appliance and floor covering stores and repair shops CB-5 14-6N-J.2.g.2 Hotels and motels None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted Ordinance No. Page 2 Subsection No. 14-6N-J.2.h.2 14-6N-J.2.i.2 14-6N-J.2.j.2 14-6N-J.2.m.3 14-6N-J.2.n.2 14-6N-J.2.o.2 Principal Use Grocery stores and supermarkets Laundry and dry cleaning establish- ments (coin oper- ated) Laundry and dry cleaning establish- ments and collection stations Offices Offices-clinics Personal service business, beauty parlors, barber shops Zone CB-10 CB-5 CB-5 CB-5 CB-5 CB-5 CB-5 Number of Spaces Parking spaces shall be furnished by providing spaces within a pub- licly owned parking facility locat- ed within three hundred feet (300') of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility or one and one quarter (1 ¼) parking spaces for each guest unit on the same lot as the use served or within three hun- dred feet (300') None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be ~ermitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be ~ermitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be ~ermitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be ~ermitted None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted Bicycle Parking 0 0 0 0 0 Ordinance No. Page 3 Subsection No. 14-6N-J.2.p.2 14-6N-J.2.q.2 14-6N-J.2.s.2 14-6N-J.2.u.2 14-6N-J.2.v.2 14-6N-J.4.a.2 14-6N.J.5.c.2. 14-6N-J.5.f.2 Principal Use Personal service businesses (other than those listed) Photographic studios Restaurant and establishments dispensing food or beverages for con- sumption on the premises Retail stores and shops (other than those listed) Studios and sta- tions, radio and television Civic, cultural, and historical institutions Zone CB-5 CB-5 CB-5 CB-5 CB-5 CB-5 Spectator-type audi- CB-5 toriums, sports arenas, theaters, stadiums and meet- ing halls. Libraries, museums, CB-5 and art galleries Number of Spaces Bicycle Parking None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parkir)g space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted None required but, if provided, a 0 maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted SECTION II. REPEALER. All ordinances and parts. of ordinances in conflict with the provisions 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. Ordinance No. Page 4 SECTION IV. EFFECTIVE DATE. publication, as provided by law. Passed and approved this ~ This Ordinance shall be in effect after its final passage, approval and day of ,1997. MAYOR ATTEST: CITY CLERK Approved by / It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef that the Ordinance as read be First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppdadmin/of f-stre.ord City of Iowa City MEMORANDUM Date: To: From: Re: January 30, 1997 Planning and Z°ning C°mmissi°n,/ Karin Franklin, Director, P~'~ Commercial Parking Requirements - CB-5 Zone At a recent City Council work session, the Council discussed concerns with the lack of commercial development south of Burlington Street and the construction of buildings dominated by apartments in the blocks between Burlington and Court streets. The Council had received a letter from a developer in the area stating that the parking facility impact fee was one reason commercial development had not occurred. In an effort to remove impediments to commercial development in this area, the Council suggested elimination of the parking facility impact fee and the removal of parking requirements for commercial uses. The first step in this consideration is to bring an ordinance before the Commission which eliminates the parking requirements for commercial uses in the CB-5 zone, essentially that area between Burlington and Court Streets in the Near Southside. Historically, parking requirements for commercial uses in this area have been treated differently than in other parts of the City. Prior to 1992, this area was zoned CB-2 and parking was required at a lower rate than commercial establishments elsewhere, except in the downtown. Neighboring properties across Burlington Street in the downtown have no parking required; in fact, parking may not be provided on-site without approval of the Board of Adjustment. After the Near Southside plan was adopted, the blocks between Burlington and Court Streets were rezoned CB-5 and n__0_o parking was required for commercial uses. However, residential uses were required to provide some parking on-site and pay a parking facility impact fee. With a change in Council in 1994, a fee and parking requirement for commercial uses was adopted as part of a package of regulatory and incentive measures, the purpose of which was to spur commercial development. The current Council believes the fee and parking requirement for commercial uses in fact inhibits development and wishes to consider the removal of these requirements. The ordinance before the Commission eliminates all parking requirements for nonresidential uses, including hotels, in the CB-5 zone. The amendment also stipulates that if parking for commercial uses is voluntarily provided, it shall be limited to a maximum of one parking space per 500 square feet. This stipulation was previously contained in the parking requirements. It is intended to help assure that parking facilities do not displace commercial activity in the CB-5 zone. Repeal of the fee requires only Council consideration. The staff recommends approval of the ordinance as drafted. jw/parking.kf NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 18th day of March, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the following items: 1. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, "Off-Street Parking and Loading," to remove the require- ment for off-street parking spaces for com- mercial uses in the CB-5'zone, and placing a maximum of one parking space per ,500 square feet of floor area for parking spaces ~-~hich are provided for commercial uses. n ordinance amending Title lZ~, "Unified evelopment Code," of the City Code by amending Chapter 9, Article A, "Parking Facility Impact Fee," to exclude commercial development. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\3-18-2.nph Prepared by: Karin Franklin, Director of PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232 ORDINANCENO. AN ORDINANCE AMENDING TITLE 14, "UNI- FIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO EXCLUDE COMMERCIAL DEVELOPMENT. WHEREAS, the City has adopted the Near Southside Neighborhood Redevelopment Plan to guide development in the Near Southside Neighborhood; and WHEREAS, a parking facility impact fee ordinance will assist in the implementation of the plan, and guide the use and development of land so as to assure that new residential devel- opment in the Near Southside Neighborhood bears a proportionate share of the cost of capital expenditures necessary to provide off- street parking in the Near Southside Neighbor- hood of Iowa City; and WHEREAS, the City wishes to encourage commercial development in appropriately zoned areas of the near Southside; and WHEREAS, based on past and recent com- mercial development activity in the near South- side, the parking facility impact fee as applied to commercial development is functioning as an impediment to commercial development. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code" of the City Code is hereby amended by repealing Chapter 9, Article A, entitled, "Parking Facility Impact Fee," and adding thereto a new Chapter 9, Article A to read as follows: ARTICLE A. PARKING FACILITY IMPACT FEE 14-9A-1: LEGISLATIVE FINDINGS: The City Council finds, determines and declares the following as legislative facts: A. Residential development and redevelop- ment in the Near Southside Neighbor- hood ("Neighborhood"), will create an Ordinance No. Page 2 increased demand and need for off-street parking; that such development and redevelopment will have an impact on the City parking facility system; and that without the provision of adequate off- street motor vehicular parking spaces, such development and redevelopment would create undue traffic congestion and generally be contrary to the health, safety and welfare of the citizens of Iowa City. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote significant portions of develop- ment sites to parking in the Near South- side Neighborhood, since it is in the public interest to develop land now avail- able in the Neighborhood for more inten- sive residential uses. New residential development in that portion of the Near Southside Neighbor- hood referred to as the Near Southside Parking Facility District will create an increased demand for additional off-street parking, which demand should be met by and/or paid for by the development itself according to the proportionality of the development's impact upon existing off- street parking facilities, and the development's creation of increased demand for additional off-street parking facilities. The City needs to expand its parking facility system to accommodate new residential development in order to en- sure adequate off-street parking, and the City Council recognizes such expansion is necessary to promote and protect the public health, safety and welfare. The increased need and demand for off- street parking created by new residential developmerit in the Near Southside Park- ing Facility District is reasonably and rationally related to the development's payment of a proportionate share of a new City parking facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and rational method to further the City's goals of promoting and facilitating intensive economic develop- ment near the downtown area, and at Ordinance No. Page 3 the same time minimizing the use of large land masses for private parking lots. F. The imposition of parking impact fees is a reasonably and rationally calculable method of ensuring that new develop- ment bears a proportionate share of the cost of parking facilities necessary to accommodate the resulting increased demands for off-street parking created by the new development, and the Council wishes to avail itself of this method. G. The fee established in Section 14-§A-6 hereof is directly derived from, based on and does not exceed the cost of provid- ing additional off-street City parking facilities as a capital improvement cost necessitated and generated by the new residential development for which the fee is to be charged. H. City involvement in the expansion of the parking facility system as a capital im- provement is appropriate due to the scale and cost of such facilities, and is neces- sary due to the proximity of the Neigh- borhood to the downtown area and the expected high use levels of such a park- ing facility system. I. The fee established by this Article does not constitute a tax. 14-9A-2: TITLE AND AUTHORITY: A. Title: This Article shall be known and may be cited as the NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE ORDINANCE. B. Authority: The City Council has the authority to adopt this Article under its home rule powers, pursuant to the Con- stitution of the State of Iowa, as amend- ed, the Code of Iowa, as amended, and the United States Constitution. 14-9A-3: INTENT AND PURPOSE: A. This Article is intended to assist in the implementation of the Iowa City Compre- hensive Plan, as amended, and the Near Soul~hside Neighborhood Redevelopment Plan, as amended. B. The purpose of this Article is to regulate the use and development of land so as to ensure that new residential development in the Near Southside Neighborhood bears a proportionate share of the capital Ordinance No. Page 4 improvement costs necessary to meet the additional parking needs and de- mands caused by development in this Neighborhood, and to do so by paying a portion of the costs needed to meet the need for off-street parking in a City park- ing facility within the Near Southside Parking Facility District of Iowa City. 14-9A-4: APPLICATION OF PROVISIONS: This Article shall apply to all real property within the Near Southside Parking Facility District. Where the provisions hereof are in conflict with those of the Iowa City Zoning Ordinance, or in conflict with the Near South- side Neighborhood Redevelopment Plan, as amended, the provisions hereof shall prevail. 14-9A-5: DEFINITIONS: As used in this Arti- cle, the following definitions shall apply: CAPITAL IMPROVEMENT COST: In- cludes costs of design, engineering, necessary consultants, construction, financing of a capital improvement including debt service, land acquisition, site improvements, and buildings and equipment necessary for a City off~street parking facility, but excludes maintenance and operation of such facility. CITY PARKING FACILITY: A ramp, surface lot or combination thereof designed to accommodate the off-street parking of motor vehicles as a capital improvement. NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway Main Line on the south and Madison Street on the west, except for Blocks 10 and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots 3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County Seat Addition; and Lots 10-15, Lyon's First Addition. RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit for residential development in the Near Southside Parking Facility District. 14-9A-6: IMPLEMENTATION OF FEE: A. Any person who, after the effective date hereof, seeks to develop land within the Near Southside Parking Facility District by applying for an occupancy permit for a residential use is deemed to have creat- Ordinance No. Page 5 ed a need and demand for additional off- street parking in the Near Southside Parking Facility District, and is thereby required to pay a proportionate share of the capital improvement costs necessary to meet the additional off-street parking needs and demands created by such development by contributing a propor- tional share of the costs of a City parking facility, which share shall be a "parking facility impact fee" to be paid in the manner and amount set forth in this Article. B. No new occupancy permit for a residen- tial use requiring the payment of an im- pact fee pursuant to this Article shall be issued unless and until the parking facili- ty impact fee hereby required has been paid in accordance with Section 14-9A- 8, Payment of Fee. 14-9A-7: COMPUTATION OF FEE AMOUNT: A. Cost Estimates: The parking facility im- pact fee imposed by this Article is based on current best estimates of the capital improvement costs of the construction of a parking facility or facilities in the Near Southside Parking Facility District. Based on 1992 architects' estimates of con- struction costs of ten thousand dollars ($10,000.00) per parking space con- structed and land costs of approximately sixteen dollars (t~16.00) per square foot, the City Council finds that such capital improvement costs total in the amount of at least twelve thousand dollars (- t~12,000.00) per parking space in 1992 dollars. B. Apportionment: The City Council further finds that given current Department of Planning and Community Development estimates of new residential development in the Near Southside Parking Facility District, and given the City's ability to manipulate City parking system rates, monthly permit policies and on-street parking ordinances, the use of an off- street parking facility in the Near South- side Parking Facility District will be ap- portioned as follows: thirty-three and one-third percent (331/s%) to users attrib- utable to new residential development in Ordinance No. Page 6 the Near Southside Parking Facility Dis- trict; and sixty sixty-six and two-thirds percent (66%%) to users from other areas. , Cost per Space: Based on the foregoing, the amount of the parking facility impact fee required by this Article, in 1992 dollars, shall be four thousand dollars ($4,000.00) per parking space for resi- dential uses. The parking facility impact fee shall be adjusted annually according to provisions of subsection F of this section. In-Lieu Payment: In order that available land in the Near Southside Parking Facili- ty District is intensively used, and that a portion of residential parking is combined in a City off-street parking facility or facilities, rather than scattered through- out the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid in lieu of providing fifty percent (50%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses. The Cou- ncil further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. Formula: The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required by the Zoning Ordinance for residential uses by fifty percent (50%), and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .5) RIF = TRF Where: RPS is the number of parking spaces otherwise required by the Zoning Ordinance for residential use; RIF is the per space residential parking facility impact fee for resi- dential uses; and TRF is the total residential park- ing facility impact fee required by this Article. Ordinance No. Page 7 F. Adjustment: To ensure accurate esti- mates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Means Square Foot Costs manual, as amended. G. Documentation: The calculation of park- ing facility impact fees and the receipt thereof by the City shall be documented in a form recordable in the office of the County Recorder. 14-9A-8: PAYMENT~ OF FEE: A. The City Manager or designee shall calcu- late and assess the entire parking impact fee upon issuance of an occupancy per- mit. The fee payor may pay the entire fee at the issuance of the occupancy permit, or may elect to pay the fee in three (3) equal annual installments, the first of which shall be due and collected at the issuance of the occupancy permit, If the fee payor elects to pay the fee in three (3) annual installments, the fee payor shall execute an agreement with the City before the City issues a occu- pancy permit, which agreement sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation by the Iowa City Finance Department that the fee payor has defaulted on an install- ment payment, the City Clerk shall certify the outstanding fee balance to Johnson County as a lien upon the premises for which the occupancy permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. B. All fees collected shall be promptly trans- ferred for deposit in the Near Southside Parking Facility District Impact Fee Re- stricted Fund, established in Section 14- 9A-10 hereof, and held there and used solely and exclusively for the purposes specified in this Article. 14-9A-9: REFUND OF FEES: A. Any funds not expended for a City park- ing facility or which remain unencum- Ordinance No, Page 8 bered by the end of the calendar quarter immediately following five (5) years from the date of the final impact fee payment shall, on application of the fee payor or the fee payor's successor in interest, be returned to such fee payor with interest at the rates earned by the Restricted Fund during such time as the fees were held in the Fund, provided the fee payor submits an application for the refund to the City Manager or designee within one hundred eighty (180) calendar days of the expiration of the five (5) year period. As used in this subsection, funds shall be deemed "encumbered" if the City Council has approved a contract for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking Facility District. 14-9A-10: PARKING FACILITY IMPACT FEE RESTRICTED FUND: A. Fund Established: There is hereby estab- lished the Near Southside Parking Facility District Impact Fee Restricted Fund. B. Use of Funds: 1. Monies held in the Restricted Fund, including any accrued interest, shall be used solely and exclusively for the purpose of the City capital im- provement costs for providing off- street parking facilities to be located in the Near Southside Parking Facili- ty District, and shall not be used for maintenance or operation or for any other purpose. 2. Monies shall be expended in the order in which they are collected. 3. In the event that bonds or similar debt instruments are issued for the construction of capital facilities for which parking facility impact fees are to be expended, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments, as capital improvement costs. 4. Monies in the Restricted Fund may be used to provide refunds as pro- vided in Section 14-9A-9 hereof. 5. Monies in the Restricted Fund shall be used for the purposes enumerat- Ordinance No. Page 9 ed herein, exclusive of all others and shall remain inviolate within the Restricted Fund. C. Annual Report Required: At least once each fiscal year the City Manager or designee shall present to the City Council an accounting of the Restricted Fund. 14-9A-11: PARKING FACILITIES: A. On-Site Parking Spaces: 1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the resi- dential parking facility impact fee shall require the residential fee payor to provide no fewer than fifty per- cent (50%) of the parking spaces otherwise required for residential uses on the site. 2. Those parking spaces provided on- site after payment of the parking facility impact fee shall: a. Be sized in accordance with the prevailing proportionality re- quirements of the Zoning Ordi- nance regarding standard and compact car sized spaces; and b. Include all required disabled accessible spaces. B. Construction of Parking Facility: The off- site parking facilities financed in part by the Near Southside Neighborhood parking facility impact fee shall be: 1. Constructed in the Near Southside Parking Facility District. 2. Constructed at a time and in accord with a design at the sole discretion of the City Council. 3. Designed and operated to accommo- date new parking demands up to fifty percent (50%) of capacity and existing demand up to fifty percent (50%) of capacity. 14-9A-12: RIGHTS OF FEE PAYORS: A. This Article is intended to provide resi- dential fee payors a reasonably and ratio- nally calculable method to meet the needs for off-street parking created by their development for residents of new residential development in the Near Southside Parking Facility District. Ordinance No. Page 10 B. The payment of the parking facility im- pact fee does not guarantee a residential fee payor a parking space or a monthly permit in a City off-street parking facility, either existing or those financed in part by this Article; however, the City Manag- er or designee shall, to the extent reason- ably possible, give preference to occu- pants of residential development for which a parking facility impact fee was paid. 14-9A-13: EXEMPTIONS FROM PROVISIONS: The following shall be exempted from the requirements of this Article: A. Residential development which consti- tutes "elderly housing" as defined in the Zoning Ordinance. B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan and that have been preserved or restored in accordance with the 1990 revised edition of the Secretary of Interi- ors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, to the extent that the fee payor shall be exempt from providing the on-site parking spaces otherwise re- quired, but the impact fee provided here- in must be paid. 14~9A-14: VIOLATIONS AND PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction provided for in Title 1, Chapter 4 of the City Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section; provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 1 1 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CiTY CLERK C~.~~t ° r n ~ Y~/>s~" ..~e NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 25th day of Febru- ary, 1997, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- l~_/Ahe following items: resolution approving a request for volun- tary annexation of a 140.5 acre tract locat- ed on the east side of Scott Boulevard, north of Highway 6. 2. An ordinance amending the Zoning Chapter by conditionally changing the use regula- tions on a 140.5 acre tract from County M1, Light Industrial, to C1-1, Intensive Com- mercial (38.93 acres), and I-1, General Industrial (101.57 acres), for property locat- ed on the east side of Scott Boulevard, north of Highway 6. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~2-25.nph NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 25th day of Febru- ary, 1997, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er the following items: 1. A resolution approving a request for volun- tary annexation of a 140.5 acre tract locat- ed on the east side of Scott Boulevard, ?q~,orth of Highway 6. n ordinance amending the Zoning Chapter by conditionally changing the use regula- tions on a 140.5 acre tract from County M1, Light Industrial, to C1-1, Intensive Com- mercial (38.93 acres), and I-1, General Industrial (101.57 acres), for property locat- ed on the east side of Scott Boulevard, north of Highway 6. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin't2-25 .nph Prepared by: ilar, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240~356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT poration (hereinafter ads by and between the City of Iowa and A.F. Streb (hereinafter "Owner" Iowa, a Municipal Cor- WHEREAS, the Owner, A.F. ly 140.5 acres of property County M1, Light Industrial, to Industrial (101.57 acres); and has requested that the on the east side of Scott , Intensive Commer and fezone approximate- north of Highway 6, from (38.93 acres) and I-1, General WHEREAS, the proposed rezoning subdivision within the corporate limits allow of a commercial/industrial and services; and WHEREAS, Iowa Code 414.5 (1995) providt able conditions on granting an applicant's ticns, in order to satisfy public needs hat the City of Iowa City may impose reason- ng request, over and above existing regula- by the requested change; and WHEREAS, the Owner acknowledges certain and restrictions are reasonable to ensure the adequate provision ant of improvements associated with the proposed development, to the issues of water management, water quality and habitat reconstruction on the in accordance City development ordinances, and to ensure appropriate dave )merit of properties alon Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has reed to use this property in with the terms and conditions of this Condition, Zoning Agreement to address the ~referenced issues. NOW, THEREFORE, in/c~OlOl deratio~ of mutual promises contained hereinthe Parties agree as follows: / ~ 1. A.F. Streb is//th.e.. ow. ner and legal title holder of approximately 140.5 acr~ located on the east si(~e of Scott Boulevard, north of Highway 6, which property is more",l~,articularly describ?as follows: ~ /Parcel I (to be rezoned O1-1): Commencing at the Southwest Corner of ~ //Section 19, Township 79 North, Range 5 West of the F?.,' t, ,~h,,,P,,, ,rin_c,!p_a_! ~ // Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29"W, along ~ // the West Line of the Southwest Quarter of said Section 19..., ~a ,di, st, oanuC~e~f 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High .... ./ way No. 6 and the Point of Beginning; Thence continuing N00°03'29"W, ./ along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord xN07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Lit 1605.27 feet, to a point on the North Line of said Southwest Thence N00°18'56"W, along said Right-of-Way Line, 579.87 a )oint on the South Right-of-Way of the Heartland Rail ence S62°09'30"E, along said South Right-of-Way Line, 74 feet; nce S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1 feet; S06°00'20"W, 173.94 feet; Thence S02°29'45"W. feet; S87°30'15"E, 266.70 feet; Thence feet; Southwesterly, 16.33 feet, along a 300.00 fo radius curve, whose 16.33 foot chord be~ S01°12'12"W; Thence '22"E, 65.50 feet, to a point on the Line of said Southwest uarter, Thence S89°38'37"W, along South Line, 209.90 feet, to a po on the Northerly Right-of-Way Lin of U.S. Highway No. 6; Thence hwesteriy 175.60 feet, along sale ht-of-Way Line and a 5830.00 curve, concave whose 175.59 foot chord bears ; Thence N along said Right-of-Way 337.19 feet, to the Poir :f Beginning. Said tract of land contains acres, and is subject easements and restrictions of record. Parcel II (to be Section 19, Townshi Meridian, Iowa City, the West Line of the SoL 254.86 feet, to a point or way No. 6; Thence S60°5(: 337.19 feet; Thence SouthE Line and a 5830.00 foot 175.59 foot chord bears said Southwest Quarter 209.90 feet, to the Point Thence Northeasterly, 6.33 concave Southeaster whose Thence N02°29'45"I 861.87 feet Thence N02°29'45 230.00 feet; ,d I-1): Comm~ at the Southwest Corner of 79 North, e 5 West of the Fifth Principal ~son Coun Iowa; Thence N00°03'29"W, along of said Section 19, a distance of Right-of-Way Line of U.S. High- along said Northerly Right-of-Way Line, 175.60 feet, along said Right-of-Way us curve, concave Southwesterly, whose to a point on the South Line of N89°38'37"E, along said South Line, Thence N00°21'22"W, 65.50 feet; along a 300.00 foot radius curve, 33 foot chord bears N01°12'12"E; N87°30'15"W, 266.70 feet; 'hence N06°00'20"E, 173.94 feet; Thence Nl1043'3 1240.47 feet; ence N00°03'29"W, 300.25 feet, to a point on the outherly Rig Line of Heartland Rail Corpora- tion; Thence along _. ~Southerly Right-of-Way Line, 2261.25 feet a on the East Lin~ of said Southwest Quarter; Thence, S00 ~i along said East,,,,,~n,e, 990.27 feet; Thence S89°38 37"y;{ 670.00 feet; Thence S00°00'4~'E, 813.00 fe,e.t to a point on the Sou/thLine of said Southwest Quarter; Th'~,nce S89°38 37"W along said Sout ,~ Line, 1380.99 feet, to the point of Begl'~ning. Said tract of land contains 101.57 acres, and is subject to easemer~ and restrictions of record. ~ Owner ackn :lges that the City wishes to ensure the adequa't~provision and timing of infrastru improvements on the property, that the developit~e,~of the property 2 incorporates provisions for storm water management in such a way that water quality an6 reconstruction are addressed in accordance with existing City development ~nces, and that the development of individual lots along Scott Boulevard occurs in a lner appropriate for this entryway into the community. Therefore, Owner agrees to conditions over and above City regulations in order to ensure that all in ssociated with the development is constructed and in place prior t~ issuance ny building permits on any lots, that a stormwater management and quality plan d landscaping plan be approved by the City prior to final plat a and that will be adhered to on properties fronting on Scott to ensure that is attractive in appearance from this entryway the city. In consideration Owner agrees that of the requirements of additional conditions: City's rezoning the subject property from M1 ~se and development of the subject property Cl-I and I-1 zones, as applicable, as and I-1, conform to all as the following All infrastructure iated with the proposed develo including but not limited to streets, & gutters, storm and sani sewers, watermains, stormwater detention ties, and sidewalks alon, frontage of all outlots, shall be installed prior to issuance of any build permit for any lot within the subdivision. An escrow fment or letter credit to cover the cost of uninstalled improvements ma, ~e accepted in of completion ofthe infrastruc- ture improvements if the City 4s it is rea~ lable under the conditions. bo Sidewalks will be provided ~g ment and other areas as sr individual properties are develope~ above. zoned lots within the develop- on the preliminary plat, as such as provided above in section 3a A stormwater management p that ~ses water quality and the re-estab- lishment of habitat along relocated ~am corridor, if said relocation is approved by the Depart~ nt of Natural )urces, shall be submitted and approved prior to final approval. A plan illustrating how this will occur shall be subm for review with the ~inary plat. All applicable state, and local req ment, storage, and disposal of hazardous, als shall be to, and all required permits disposal of s materials shall be obtained prior to ment of an' )ortion of this property. regard to the contain- ngerous, or toxic materi- storing, handling, and opment or redevelop- All im associated with land to be dedicated the City shall be install and approved prior to City acceptance of the ~d dedication. Or with frontage on Scott Boulevard or Highway 6, all elevations from Scott Boulevard or Highway 6 shall be primarily masor which may fired brick, stone or similar material, dressed concrete stucco or like material when used in combination with other masonry finish. Iternative building materials, such as architectural metals or materials used for treatment, may be substituted if the Director of Planning and Cot opment determines that the use of such other materials Agreement. All elevations visible from Scott Boulevard she facade. Rooftop mechanical devices shall be screened. Devel- intent of this a finished On all commercially zoned lots within the developmer loading docks and receiving areas, garbage dumpsters, outdoor storage a mechanical equip- ment and other service areas and functions typically with the rear of buildings shall not be located in front of or along wall facing and/or visible from Scott Boulevard. When located elsewh on a lot and visible from Scott Boulevard, these items shall be screened fi view with landscaping or combination of fencing and landscaping. ion to the requirements of the City's Regulations, the periphery of all lots visible from Scott Boulevard include a 10-foot wide planted )ed area including evergreen shru or a hedge. Up to 5 feet of this landscape area may be located a right-of-way provided that a area at least 10 feet in widtl ~s maintained, free of street, access road or paving, to allow a suf growing area for the landscaping to be est Landscape a minimum of 5 50% of building facin variety of and decidu in width shall be provided along at least Boulevard, and shall be planted with a shrubbery. Freestanding signs each vehicular access development lots within tl' signs as permitted by th~ not provide additional are to be lighted, they pment shall be limited to one located at the property from an arterial street. Individual )ment may provide monument, facia, or other sign regulations on a lot-by-lot basis, but shall ling signs beyond that specified above. If signs ternally illuminated and in compliance with the City's sign regulation/. The Owner agrees that es~Sh and every )ment within the Scott-Six Industrial Park that occurs on a comme~ially zoned lot ~from Scott Boulevard or Highway 6 must submit a developmen~concept plan to the .~6~,,a~rtment of Planning and Community Development prior to/(:levelopment. The Dir~ :or ~fPlanning and Community Develop- ment shall review a~fd approve the concept plan b~ksed on the criteria listed above and the City's then exi~ing development ordinances. T~ Director may approve a concept plan containing ~inor modifications to the criteria listed above, provided the modifica- tions substantis),lly satisfy the intent of the criteria. D~i ' ; of the Director may be appealed to tl~ City Council after review and recommb o1~ by the Planning and Zoning Co,~ission. The Owner acknowledges that the conditions contained 'n are reasonable condi- tions to impose on the land and under Iowa Code 414.5 (1 ~nd that said conditions lic needs which are directlylaused by the :oning changes. The Owner acknowledges that in the event any portion of the transferred, sold, redeveloped, or subdivided, all development an conform with the terms of this Conditional Zoning Agreement. property is pment will The Parties acknowledge that this Conditional Zoning Agre. shall be deemed to be a covenant running with the land and with title to the and shall remain in full )rce and effect as a covenant running with the title to th. unless or until released by the City. The Parties further acknowledge this Agreement shall inure to benefit of and bind all successors, representati and assigns of the Parties. acknowledges that nothing in this Condi ,hal Zoning Agreement shall be constrL to relieve the Owner from complying. Nith all applicable local, state and federal lulations, including but not limited Department of Natural Resources approval the relocation of the stream corrid~ located on the property and the need for local, ~, or federal permits for contai handling, storing, or disposing of hazardous, erous, or toxic materials o site within the development. The Parties a e that this Conditional reference into ,rdinance rezoning publication of the inance, this Recorder's Office. Agreement shall be incorporated by subject property; and that upon adoption and shall be recorded in the Johnson County Dated this day , 1997. OWNER CITY OF IOWA CITY A.F. Streb By: Attest: Naomi J. Novick, Mayor Approved by: Marian K. Karr, City Clerk ,rney's JOHN~ IOWA ) COUNTY ) On this in and for identical edged that he day of ,1997, before me, the undersigned, a Notary Public County, in said State, personally appeared A. F. Streb, to me known to be the named in and who executed the within and foregoing instrument, and acknowl- the same as his voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) JOHNSON COUNTY ) On this day of a Notary Public in and for the K. Karr, to me personally known, Mayor and City Clerk, respectivel foregoing instrument is the cor signed and sealed on behalf of the in (Ordinance) (Resolution) No. ,19 ,andthat execution of the instrument to be their of the corporation, by it voluntarily ,1997, before me, of Iowa, personally appeared Nac I. Novick and Marian id, who, being by me duly swol say that they are the )f the City of Iowa City, the seal affixed to the seal of the corporatior that the instrument was )oration, by its City Council, as contained passed by the Council, on the day of J. Novick Marian K. Karr acknowledged the ltary act a; and the voluntary act and deed in and for the State of Iowa ppdadmin/streb.agt REVISED 3-13- Prepared by: Scott t< ier, Assoc. Planner, 410 E. Washington St., Iowa City, (319)356-5243 CONDITIONAL ZONING THIS AGREEMENT is poration (hereinafter ~de by and between the City of and A.F. Streb (hereinafter City, Iowa, a Municipal Cor- WHEREAS, the Owner, A.F. ly 140.5 acres of property County M1, Light Industrial, to Industrial (101.57 acres); and ~b, has requested the east side of S , Intensive Cor annex and rezone approximate- Boulevard, north of Highway 6, from (38.93 acres) and I-1, General WHEREAS, the proposed rezoning II allow subdivision within the corporate limits u development of a commercial/industrial utilities and services; and WHEREAS, Iowa Code 414.5 (1995) pro~ able conditions on granting an applicant's tions, in order to satisfy public needs s that the City of Iowa City may impose reason- request, over and above existing regula- ;aused by the requested change; and WHEREAS, the Owner acknowledges to ensure the adequate provision the proposed development, to and habitat reconstruction on the and to ensure appropriate devel¢ entryway into Iowa City; and the in ,ment of n conditions and restrictions are reasonable ~frastructure improvements associated with storm water management, water quality with City development ordinances, along Scott Boulevard, an important WHEREAS, the Owner has a reed to use this in accordance with the terms and conditions of this Conditional Agreement to .s the above referenced issues. NOW, THEREFORE, in co of mutual promises c'~)~ntained herein, the Parties agree as follows: / 1 1. A.F. Streb is t le¢o~ and legal title holder of approximately 140.5 acres located on the east side ~)i/~ co' Boulevard, north of Highway 6, which'k,property is more particularly described as/~ll~w~ ~+ +~ ~ P~ c~'l I (to be rezoned C1-1): Commencing at the So~hwest Corner of S~ ;~.o.n 19, Township 79 North, Range 5 West of th~ Fifth Principal M 'idian, Iowa City, Johnson County, Iowa; Thence N00°I~3'29"W, along th West Line of the Southwest Quarter of said Section 19,~,8 distance of 36 feet, to a point on the Northerly Right-of-Way Line o'f\U.S. High- No. 6 and the Point of Beginning; Thence continuing N00'~3'29"W, said West Line, 404.57 feet, to a point on the 'Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 I ! Owner of foot radius curve, concave Northwesterly, whose 385.04 foot N07°23'39"E; Thence N00°03'29"E, along said Right-~ 1605.27 feet, to a point on the North Line of said Thence N00°18'56"W, along said Right-of-Way Line, point on the South Right-of-Way of the Heartland S62°09'30"E, along said South Right-of-Wa S00°03'29"E, 300.25 feet; Thence S11°43' S06°00'20"W, 173.94 feet; Thence S02°; S87°30'15"E, 266.70 feet; Thence S02' bears Line, Quarter, feet, to a ~il Corporation; _ine, 749.90 feet; 1240.47 feet; 230.00 feet; 861.87 feet; Thence concave Thence Southwest feet, to a 6; Thence a 5830.00 foot chord bears Right-of-Way land contains of record. larter, Thence S89°38'37"W, on the Northerly westerly 175.60 feet, alc dius curve, concave S Then~ 337.19 feet, to th ;outhwesterly, 16.33 feet, along a 3( .00 foot radius curve, ;outheasterly, whose 16.33 foot rd bears S01°12'12"W; ,°21'22"E, 65.50 feet, to a point the South Line of said said South Line, 209.90 Line of U.S. Highway No. said Right-of-Way Line and y, whose 175.59 foot N60°50'54"W, along said of Beginning. Said tract of acres, and is SL ect to easements and restrictions Parcel II (to be Section 19, Township Meridian, Iowa City, Joh the West Line of the Sou1 254.86 feet, to a point on way No. 6; Thence S60°50' 337.19 feet; Thence Soutl Line and a 5830.00 foo' 175.59 foot chord said Southwest 209.90 feet, to the Po Thence Northeaster concave Southeas' Thence N02°29'4 Thence N02°29" Thence N11°43 to a point on th tion; Thence 2261.25 feet Thence SO( of Be~ 16.33 · ly, whose 861.87 230.00 on the Sou said contains record. 1240.47 feet' Southerly along a on the East along said 670.00 feet; Thence Line of said Southwest 1380.99 feet, to the point 1.57 acres, and is subject to I-1): C( g at the Southwest Corner of Range 5 West of the Fifth Principal ~unty, Iowa; Thence N00°03'29"W, along Quarter of said Section 19, a distance of Northerly Right-of-Way Line of U.S. High- ~,"E, along said Northerly Right-of-Way Line, sterly 175.60 feet, along said Right-of-Way us curve, concave Southwesterly, whose to a point on the South Line of ',e N89°38'37"E, along said South Line, ning; Thence N00°21'22"W, 65.50 feet; ~t, along a 300.00 foot radius curve, foot chord bears N01°12'12"E; Thence N87°30'15"W, 266.70 feet; Thence N06°00'20"E, 173.94 feet; r'hence N00°03'29"W, 300.25 feet, ty Line of Heartland Rail Corpora- Southerly Right-of-Way Line, ine of said Southwest Quarter; Line, 990.27 feet; Thence 0'45"E, 813.00 feet to a point Thence S89°38'37"W along ~nning. Said tract of land ;ements and restrictions of .~dges that the City wishes to ensure improvements on the property, that ~dequate provision and timing }ment of the property incorporates provisions for storm water management in such a way that water quality and habitat reconstruction are addressed in accordance with exi City development ordinances, in a manner a to certain structure merit and water plat approval, and tl- Scott Boulevard to entryway to the city. that the development of individual lots along Boulevard occurs ~priate for this entryway into the community. Owner agrees ~s over and above City regulations in ord to ensure that all infra- with the development is constructed, a stormwater manage- :~;' plan and landscaping plan be a ,ed by the City prior to final certain standards will be adhere~ on properties fronting on sure development that is attra~ in appearance from this In consideration of the Owner agrees that the us of the requirements of additional conditions: "s rezoning the subject from M1 to C1-1 and I-1, and development of th, ect property will conform to all and I-1 zones, applicable, as well as the following Unless otherwise aged upon in wril structure associated h the propos~ streets, curbs & gutte~ storm an~ detention facilities, installed prior to the issu~ sion. An escrow improvements may be ac provements if the City feel by the City and the Owner, all infra- development, including but not limited to ¥ sewers, watermains, stormwater the frontage of all outlots, shall be building permit for any lot within the subdivi- of credit to cover the cost of uninstalled in lieu of completion of the infrastructure im- s reasonable under the conditions. Sidewalks will be provided ment and other areas as individual properties are above. ~ng all commercially zoned lots within the develop- ;cifically noted on the preliminary plat, as such oped, except as provided above in section 3a A stormwater manage ~ent plar hat addresses water quality and the re-estab- lishment of habitat the re ~cated stream corridor, if said relocation is approved by the )artmerit of latural Resources, shall be submitted and approved prior to plat approw A concept plan illustrating how this will occur shall be mitred for review th the preliminary plat. All applicable state, and local ,quirements with regard to the contain- ment, stora! g, and disposal ,azardous, dangerous, or toxic materi- als shall be to, and all re( permits for storing, handling, and disposal of: materials shall be obtained. ~n a lot-by-lot basis for each individ- ual lot, pri~ to issuance of a building each lot within this property. All im fements associated with land to installe, and approved prior to City acceptance to the City shall be he proposed dedication. On I~ inc oF with frontage on Scott Boulevard or Highway all building elevations from Scott Boulevard or Highway 6 shall be ~-masonry, which may fired brick, stone or similar material, dressed concrete block, and stucco material when used in combination with other masonry finish. Alternative 3 building materials, such as architectural metals or mE used for decorative treatment, may be substituted if the Director of Plan and Community Devel- opment determines that the use of such other mate satisfies the intent of this Agreement. All elevations visible from Scott B shall have a finished facade. Rooftop mechanical devices shall be .~ned. On all receiving areas ~larbage dumpsters, ment and other rvice areas and functio~ buildings shall located in front of visible from Scott ,ulevard. When Scott Boulevard, ~ items shall a combination of ~g and zoned lots within the )ment, loading docks and storage areas, mechanical equip- typically associated with the rear of along any building wall facing and/or elsewhere on a lot and visible from ;ned from view with landscaping or In addition to the all parking lots visible landscaped area includin required landscape area rr continuous area at least 10 road or sidewalk paving, to to be established. of Tree Regulations, the periphery of shall include a 10-foot wide planted shrubs or a hedge. Up to 5 feet of this e located within a right-of-way provided that a ~t in width is maintained, free of street, access a sufficient growing area for the landscaping Landscape beds a minim feet in width shall be provided along at least 50% of building elevatior Boulevard, and shall be planted with a variety of evergreen an deciduou shrubbery. Freestanding signs each vehicular acce.' development lots signs as permitted not provide are to be lighted, City's sign regul; ~in the ~pment shall be limited to one located at point to the from an arterial street. Individual the develo ~t may provide monument, facia, or other the City's sign ulations on a lot-by-lot basis, but shall freestanding beyond that specified above. If signs shall be internally luminated and in compliance with the OhS. The Owner agrees that occurs on a comr submit a develo Development prior ment shall review the City's then exi~ plan containing tions substantial appealed to Zoning Commi~ each and every developme within the Scott-Six Industrial Park .~rcially zoned lot visible from ?,cott Boulevard or Highway 6 must concept plan to the De ~nt of Planning and Community development. The Director of nning and Community Develop- approve the concept plan on the criteria listed above and development ordinances. The rector may approve a concept nor modifications to the criteria listed provided the modifica- satisfy the intent of the criteria. of the Director may be City Council after review and recommen, by the Planning and The Owner a tions to impo satisfy publi~ :nowledges that the conditions contained .~ on the land and under Iowa Code 414.5 (1995), needs which are directly caused by the requested ~re reasonable condi- that said conditions changes. The Owner acknowledges that in the event any portion transferred, sold, redeveloped, or subdivided, all develo conform with th~ terms of this Conditional Zoning Agreer The Parties ackn¢ be a covenant force and effect as a of record by the City. to the benefit of and the subject property is and redevelopment will e that this Conditional Zoning reement shall be deemed to with the land and with title to land, and shall remain in full venant running with the title the land unless or until released e Parties further ge that this Agreement shall inure all successors, represe and assigns of the Parties. Owner acknowledges nothing in this C( Zoning Agreement shall be construed to relieve the 'ner from compl with all applicable local, state and federal regulations, includin but not to Department of Natural Resources approval of the relocation of e stream cot located on the property and the need for local, state, or federal ~its for tinment, handling, storing, or disposing of hazardous, dangerous, or ~n any site within the development. The Parties agree that this Col reference into the Ordinance rezol publication of the Ordinance, this Recorder's Office. Dated this day of Zoning Agreement shall be incorporated by subject property; and that upon adoption and .~ement shall be recorded in the Johnson County , 1997. OWNER CITY OF IOWA CITY A.F. Streb By: Attest: Naomi J. Novick, Mayor Approved by: Marian K. Karr, City Clerk City Attorney's Office L STATE OF JOHNSON COL On this __ day in and for said identical person edged that he ,1997, before me, the undersigned, a Notary Public in said State, personally appeared A. F. Streb, to me known to the n and who executed the within and foregoing instrument, and ack~ he same as his voluntary act and deed. Notary Public in and for the State of STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of a Notary Public in and for the State of K. Karr, to me personally known, and, Mayor and City Clerk, respectively, of foregoing instrument is the corporate signed and sealed on behalf of the cot in (Ordinance) (Resolution) No. ,19 ,andthat execution of the instrument to be their ,1997, before me, personally appeared N o, being by me duly City of Iowa City, of the corporaflor on, by ~sed by the Novick a~ act J. Novick and Marian did say that they are the that the seal affixed to the and that the instrument was its City Council, as contained Council, on the day of Marian K. Karr acknowledged the eed and the voluntary act and deed of the corporation, by it voluntarily executed. Not ~lic in and for the State of Iowa ppdadmin/streb.agt NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center at the regular scheduled Council meeting at 7:00 p.m. on March 18, 1997, for the purpose of hearing comments on the proposed rate change for sixty (60) minute parking meters located in the CB-10 zone. Information on the proposed rate change is available at the City Clerk's Office and at the Office of the Director of Finance. MARIAN K. KARR, CITY CLERK transit/3-18.nph FROM : BARNES MANAGEMENT PHONE NO. : 31933?8836 Map. 18 1997 04: 13PM P1 'l':O.W^.. C I T Y "-.'. '. · .'".' P.O': Box 64 .......... IOWA CITY, IOWA "."'. ':'.'. .......". " 52244-00'64 '" ...... '.'."5'..' " (319).354-0863 : ' ' ': "" 'i'." "; ,'.'i · ' "" :.. ' '..:' ". 'Date: March 17, 1997 :. ' .'.......... TO:.. Iowa City City'Council · . .'. ' ....... .....,.' " -, .-7:: ." "..':".. :, ','o.'.'~ "..,'.:.' ' !' ".FROM:. '.'. Silzanne C_mmett Streitz, DTA President' " i".' · ' · DTA Board of Direo~ors . . '"" R~:.. Proposed i'ncfease in p 'arking meter rates d own .... : .. ....... ~. · ,% ,.'. .: : ., . -%' .!"!i .i :> .... : "::" ..T. he.D9 'Writ.own. ",a~ssociatioa O£Iowa city Bo~d 0£Dire~tors 'had a lengthy.discussion.at.th.e F.'et;~aty..25.;:'.'.. ;.'" .." · ..'. :. a. o a. Meeting regarding'the City Coun,il: $ dtseu~ion'of changing.. the parki.~g meters'.izi.'dov~.'t~.i.wn,..:"' :.': ". i '.:..' ' ,:". ........: Ibwa' .L-'ity .from 3.0 minutes tO 60 minutes 'and in'creasing the rate'from $ 60/hour tO $1/hour,.. ", .'. '."~'" :.'. '...: W..e.supp~rt the change to 60 minutes to better. a~commodate'shoppers and. customers .visiting d. ov~'r/tbx~/; .' '.;.:.: ,... · ' H0wevei','we do not .support incteas!rig the charge to $1/hour.' We understand that. the goal..'6f.'this....'.". .. cimag~.is to encourage people tO park in'the ramp and discourage 10rig term.barking:on the: · . ~:. however. at the same time it. seems to p 'enalizc customers and could discour/~ge peopl.e from coming.;' ".: ': ' ".? ' : '" ':'"" ~io~wnto"wit at all.. : .: .d' .'"'. ' ........ · · .'. '. :'.; ':.'. ..:i.,i:~.'..,.. :"..'. ':'the' .c.0.tm.m} d .~de$.to increase the ra.t..es to $l/hour, we strongly urge you to include AI J., domtom...'......:..... ;:..:.'.:i?. :'.' .'.'; s.tt." .~..t.S::(.!.n,cl?ding. Iowa Ave.ni~e). By not increasing the rates'on Iowa Av¢'iaue We are eftecti'~elg ,;'.!.' .. ': i:.. ;:'.":: .' ....':" :..'p~nalizing shoppers While'encouraging atudems to park on Iowa Avenue, ' '" ' . ..' . . . ... : . . '..,'.~: .~. .Thank you. for youx oonsiderafion,. ·. , '. .:.'.". · ... ... ... .. . ..: .' ..' .. ,..., ... .....~ '.' ..:'."........:,.:......".¥,': .i ,..' ::.:. i'.""' i:"'"".?:"::".;::i i' .'..:: ... ..' ....: '... ., :~ . '.':'.... '. ""' :' ; " ·~.'" '"" :'::'" ' ' ""' :'"11 " .".:..:i..".'~'::'::'.'.. NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City of Iowa City, Iowa, will conduct a public hearing on the City's FY98 Iowa DOT Consolidated Transit Funding grant application. The application will be for approximately $252,906 (3.2845%) in state transit assistance formula funds to be used for operating and/or purchasing capital items for Iowa City Transit during FY98. Said application will also include a listing of projects to be applied for in FY98 from the Federal Transit Administration (FTA) Section 5307 and/or Section 5309 programs. The FTA Section 5307 program provides federal funds to be used for the operating and capital needs of Iowa City Transit. Section 5309 is a discretionary capital funding program. Section 5307 and/or Section 5309 projects to be applied for in FY98 include (federal share): 1. Operating assistance approximately $197,662. 2. Purchase 3 - 35' low-floor, heavy-duty buses [expansion] - $647,000 3. Purchase on-board video system for passenger safety - $80,000 4. Replace 10 bus shelters & pads - $48,000 5. Purchase ramp-access low-floor mini-van [replacement] - $29,880 6. Purchase replacement sweeper/scrubber for transit facility - $28,000 7. Replace energy management system for transit facility - $8,400 8. Bus maintenance & bus overhaul [up to 20% of maintenance costs] - $112,800 TOTAL FEDERAL FUNDS = $1,152,142 Additional projects may be added before the public hearing is held. The public hearing will be held at 7:30 p.m. on March 18, 1997, in the Council Chambers of the Iowa City Civic Center, 410 E. Washington Street, Iowa City. A preliminary application will be on file March 14, 1997, at the JCCOG Transportation Planning Division Office, Iowa City Civic Center, 410 E. Washington Street, Iowa City, and may be inspected by interested persons. Any questions or comments regarding the application, the projects, or the public hearing, should be directed to Kevin Doyle, JCCOG Assistant Transportation Planner (319-356-5253). These projects will not have any significant detrimental environmental effect on the area and no persons or businesses will be displaced by these activities. The projects are in conformance with the JCCOG Transit Plan for the Iowa City Urbanized Area. Any interested persons may appear at the public headng for the purpose of making objections or comments. Written comments will be accepted by JCCOG at the above address through the date and time of the hearing specified above. This notice is given by the City Council of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK CITY OF IOWA CITY, IOWA jccogtp\fy95sta\lCT.nph NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE 1997 ASPHALT RESURFACING PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifica- tions, form of contract and estimated cost for the construction of the 1997 Asphalt Resurfacing Project in said City at 7:00 p.m. on the 18th day of March, 1997, said meeting to be held in the Ci¥ic Center in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng/asphalt. nph PH-1 Ioo[ City of Iowa City f £ ORANDUM Date: To: From: Re: February 21, 1997 City Council Rick Fosse 1997 Asphalt Resurfacing Project Following is the list of streets to be resurfaced this summer: STREETS TO BE OVERLA YED Melrose Avenue Dubuque Street Park Road Market Street Newton Road Iowa Avenue Washington Street Prairie du Chien Road Gilbert Street McLean Street Dodge Street Highway 218 to City limits (including shoulder improvements) Northbound lane, Mayflower Apts. to 200' north of Ridge Rd. Ferson to 140' west of Hutchinson Clinton to Dodge Elliot Drive to just east of WooIf Avenue Gilbert St. to Muscatine Ave. Van Buren St. to Governor St. Dodge St. to 1502 Prairie du Chien First St. thru Kirkwood Ave. Lexington west to dead end Various patches in the 1100 block of North Dodge St. STREETS TO BE SEAL COA TED Grove Street Conkiln St. St. Clements Slothower Road Dodge Street Court West of Beldon All North and South St. Clements South 1200' All