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HomeMy WebLinkAbout1997-04-08 Public hearingNOTICE 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 8th day of April, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the ~f~l~owing items: 1. ~n ordinance amending the Zoning Chapter ~_,~by changing the use regulations on a 3.74 acre tract located on Mall Drive from Comm- unity Commercial (CC-2) to General Industri- al (I-1). 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off- Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. 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\4-8,nph Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCENO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 3.74 ACRES OF PROPERTY LOCATED NORTHWEST OF MALL DRIVE FROM CC-2, COMMUNITY COMMER- CIAL TO I-1, GENERAL INDUSTRIAL. WHEREAS, the applicant, Oral-B Laboratories, has requested that the City rezone approxi- mately 3.74 acres of property located north- west of Mall Drive from CC-2, Community Commercial, to I-1, General Industrial; and WHEREAS, Oral-B Laboratories currently owns this property, which was zoned to CC-2 in 1985 by a previous property owner; and WHEREAS, Oral-B Laboratories wishes to utilize this property for expansion of their parking lot and future expansion of their facili- ty; and WHEREAS, there are vacant CC-2 zoned lots across Mall Drive from this property, as well as other vacant CC-2 zoned lots in the immediate vicinity of this property, and the rezoning of this 3.74 acres from CC-2 to I-1 will not de- tract from the availability of commercially zoned land in this area; and WHEREAS, the Comprehensive Plan identifies the entire site owned by Oral-B, including the subject 3.74 acres, as appropriate for industrial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of CC-2, Community Commercial, to I-1, General Industrial: Commencing at a Standard Concrete Monument found at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, Thence NO1 °38'40"W, along the East Line of said Southeast Quarter, of Section 14, 842.19 feet; Thence N63- °27'10"W, (An Assumed Bearing for purposes of this Description only) along the Southerly Right-of-Way Line of the Ordinance No. Page 2 Chicago, Rock Island, and Pacific Rail- road. 275.82 feet, to a 5/,-inch iron pin with cap stamped S.H.A. found, which is the Point of Beginning, Thence con- tinuing North 63°27'10" West 1362.- 66 feet along said Southerly Railroad Right-of-Way line to a point; Thence South 46°44'10" West 787.31 feet to a Point; Thence South 44° 11 '20" East 150.00 feet to a point; Thence South 46040'50" West 192.00 feet to a point of intersection with the North- easterly Right-of-Way Line of Lower Muscatine Road (formerly Wyoming Road); Thence South 44°11'20" East 596.07 feet along said Northeasterly Right-of-Way Line to a point; Thence North 67004'20" East 1533.09 feet to Point of Beginning; subject to ease- ments and restrictions of record, and containing 25.9 acres more or less. SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this ordi- nance as provided by law. SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IV. 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. SECTION V. 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 ppdadmin\lowmusc.ord STAFF REPORT To: Planning and Zoning Commission Item: REZ97-0OO1 Mall Drive Subdivision rezoning GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: Prepared by: John Yapp Date: February 20, 1997 Oral-B Laboratories 1832 Lower Muscatine Road Iowa City, IA 52240 Shive-Hattery c/o Rick Berndt PO Box 1803 Cedar Rapids, IA 52406 (319)-364-0227 Rezoning of 3.74 acres from CC-2, Community Commercial, to I-1, General Industrial. To allow for the future expansion of Oral-B Laboratories. Northwest of Mall Drive and southwest of the Iowa Interstate Railway. 3.74 acres CC-2, Community Commercial North: East: South: West: Residential, RS-5 & RM-12 Iowa Interstate Railway Community Commercial, CC-2 General Industrial, I-1 Community Commercial, CC-2 General Industrial, I-1 Industrial 14-6H-1, General Industrial Zone 14-6E-5, Community Commercial Zone January 30, 1997 March 17, 1997 2 SPECIAL INFORMATION: Public utilities: City water and sewer are available Public services: Police and fire protection will be provided by the City. Refuse collection is provided by private haulers in industrial areas. Transportation: The site is adjacent to Mall Drive. The Rochester- Mall bus route runs on Mall Drive. Physical characteristics: The site is nearly flat, draining to the north/northwest. Currently the site is used for agricultural purposes for what appears to be crop production. A row of mature trees lies within the railroad right-of-way, which helps form a buffer between this property and the residential properties to the north of the railroad tracks. BACKGROUND INFORMATION: In 1985, Owens Brush, Inc., which occupied the site now occupied by Oral-B Laboratories, applied for and received a rezoning of 3.74 acres of land from General Industrial, I-1, to Community Commercial, CC-2. At the time, Owens Brush did not need the 3.74 acres, and felt it was a remnant parcel, unusable to the company. Staff felt, at the time, that CC-2 zoning was not unreasonable, and was in fact desirable, given that the east side of Mall Drive was also zoned CC-2. The lots along Mall Drive, given their proximity to Sycamore Mall, were expected to attract commercial development. Plans for the marketing of these six commercial lots changed with the change in management from Owens Brush to Oral-B. Recently, Oral-B discovered the incompatibilities between I-1 zoning and CC-2 zoning when they applied for a building permit to expand their building and parldng lot. The applicant now wishes to change the 3.74 acres back to I-1 from CC-2, to allow for future expansion of Oral- B Laboratories. In the short-term, Oral-B plans to expand their parking lot into a portion of the CC-2 zoned area. ANALYSIS: The application and decision to rezone this land from I-1 to CC-2 was based on conditions at the time. Owens Brush had no plans to expand into this area, and had an incentive to market the area as commercial lots. City staff felt that, although I-1 zoning was not unreasonable for the area, CC-2 zoning was more desirable, given the proximity to Sycamore Mall and the CC-2 zoning opposite Mall Drive. Since that time, conditions have changed. Oral-B Laboratories tool( over the site, and can utilize the land for expansion. The demand for CC-2 zoned land in this area is waning, as evidenced by several vacant CC-2 zoned parcels across the street from this site on Mall Drive, as well as current and future vacant CC-2 zoned structures on the Sycamore Mall site (Randali's Pantry, Sears). 3 Comprehensive Plan The Comprehensive Plan identifies the entire 26 acre site owned by Oral-B, including the subject 3.74 acres, as appropriate for industrial development. As noted above, property across Mall Drive from Oral-B Laboratories is designated as appropriate for Commercial zoning in the Comprehensive Plan. The Comprehensive Plan is not intended to be site specific, rather, it is intended as a general guide for land development. The staff and the Planning and Zoning Commission in 1985 felt that CC-2 zoning on OraI-B's property was compatible with this site and the surrounding area. Today, staff feels that I-1 zoning is also compatible with the Comprehensive Plan and the surrounding area. The industrial zoning of this site is expected to have a negligible effect on the residential property to the north due to the railway and the established vegetative buffer between the two areas. Traffic Access to the site is provided by Mall Drive, a short, one-quarter mile in length drive between First Avenue and Mall Drive. The drive is controlled by traffic signals at both ends, and serves Oral-B Laboratories and other commercial businesses. When the 3.74 acres was rezoned and subdivided into six lots in 1985, three shared driveways were required for the six lots when they developed into commercial uses. The shared driveways were necessary to reduce the number of conflict points, and to reduce the appearance of strip-like development along Mall Drive. Once the tract is rezoned back to I-1, the applicant intends to vacate the Mall Drive subdivision plat, and no additional driveways will likely be needed by Oral-B in this area. The rezoning of these lots to I-1 will also reduce the potential overall traffic along Mall Drive. Although there may be more peal< hour, or commuter traffic associated with the Oral-B expansion, there will not be the potential for the stream of retail-oriented traffic associated with commercial uses entering and exiting these six lots. The reduction in potential driveways and potential ingress-egress traffic throughout the day make this rezoning desirable from a transportation perspective. Planned use of the 3.74 acre Tract As stated above, Oral-B plans to expand their parking lot into this area if the rezoning to I-1 is approved. Oral-B has already begun working on a 57,000 square foot addition to their facility for which they will need to replace displaced parking. Their approved site plan shows the parking area being expanded north, outside of the CC-2 zoned area. If the 3.74 acres is rezoned to I-1, the applicant intends to reconfigure the parking lot so it is constructed partially on the rezoned land, away from the stormwater detention facility serving Oral-B. Long-range plans for this area are not known, other than the statement that the land will "allow for future expansion of Oral-B." STAFF RECOMMENDATION: Staff recommends that REZ97-0001, a request to rezone 3.7z~ acres from Community Commercial, CC-2, to General Industrial, I-1, for property located northwest of Mall Drive and southwest of the Iowa Interstate Railway, be approved. ATTACHMENTS: Location Map. Letter from applicant, Oral-B Laboratory Site Plan Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Z 0 i! iIllltllll ~ ' T II SHIVE, 'HATTER¥ January 29, 1997 (31 [3) 364-0227 [800) 7@8-022? FAX: (318) 384-1778 Shive-Ha~-Cemy, Imo. 800 First Street NW P,O. Box 1803 Cedar Rapids, IA 52406-1803 City of Iowa City Planning and Community Development 410 East Washington Street Iowa City, IA 52240-1826 Rezoning Lots 2-7 Mall Drive Subdivision Iowa City, Iowa TO WHOM IT MAY CONCERN: Attached please find our rezoning application form and supporting documents for Lots 2-7 Mall Drive Subdivision, Iowa City, Iowa. The rezoning request, from CC2 to I1, is requested to revise the zoning so that the entire parcel of land owned by Oral-B Laboratories will be zoned I1 to allow future expansion of Oral-B Laboratories. RAB/hmt Enc. Copy: Ron Farr, Oral-B, w/ant. 296648-2 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 8th day of April, 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 the Zoning Chapter by changing the use regulations on a 3.74 acre tract located on Mall Drive from Comm- //~ia~nity Commercial (CC-2) to General Industri- (I-1). 2. ~n ordinance amending Title 14, Chapter 6, k,..~entitled "Zoning," Article N, entitled "Off- Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. 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 ppdadmln\4.-8,nph Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITI~ED "ZONING," ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," SECTION 1, ENTITLED "OFF- STREET PARKING REQUIREMENTS," TO ALLOW EXISTING FRATERNITY AND SORORITY HOUSES TO BE CONVERTED TO ROOMING HOUSES WITHOUT HAVING TO PROVIDE ADDITIONAL PARKING. WHEREAS, historic fraternity and sorority houses are important elements of the urban environment of Iowa City, are symbols of early 20th century growth and development in Iowa City, and co.ptribute to the historic character of older Iowa City neighborhoods; and WHEREAS, it is in the City's best interest to encourage the preservation of historic fraternity and sorority houses; and WHEREAS, historic fraternity and sorority houses are similar in nature to rooming houses in terms of occupancy, function, and parking demand, and can often be converted for use as rooming houses without major structural alterations to the buildings; and WHEREAS, facilitating the conversion of historic fraternity and sorority houses to rooming houses by waiving additional parking requirements will help encourage the preservation and reuse of the historic buildings, and will have minimally noticeable impact on the surrounding neighborhoods. NOW,' THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, "Zoning," Article N, "Off-Street Parking and Loading," Section 1, "Off-Street Parking Requirements," subsection A, General Rules and Regula. tions, is hereby amended as follows: a. Subsection 14-6 N- 1A4a is hereby amended to read as follows: a. If subsection IJ of this section would require a greater number of parking or Ordinance No. Page 2 stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with subsection B of this Section. b. Subsection 14-6N-1A4 is hereby amended by adding new subsection c. as follows: c. In the case of a building that was constructed on or before December 31, 1940, and that contains an established fraternity or sorority being converted for use as a rooming house, additional parking or stacking spaces as required in subsection A4a above may be waived by the Building Official, provided that the use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which existed in the established fraternity or sorority house. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged.to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK ppdadmin\roomord.doc City of iowa City MEMORANDUM Date: To: From: Re: March 20, 1997 Planning & Zoning Commission Scott Kugler, Associate Planner Proposed Code Amendment to Address the Conversion of Fraternity and Sorority Houses to Rooming Houses Over the past few years the City has received a number of inquiries about the possibility of converting fraternity and sorority houses into rooming houses, including one within the past month for a fraternity house which is soon to be vacated by the fraternity currently occupying the building. In reviewing the most recent request, staff was not able to identify a method within the Zoning Code by which to allow the change in use to occur. At issue was the amount of parking required for each use and, in a situation where only two off- street parking spaces can be provided on the property, what mechanisms exist for the City to grant relief from the parking requirements and approve the reuse of the fraternity house. Because the parking requirement for a rooming house (1 space per 200 sq ft) is greater than for a fraternity or sorority (1 per 300 sq ft), it was not a case where the conversion could be allowed without addressing the parking issue. When an existing use that does not have the current required number of parking spaces is converted to another use, it is required to provide only the increased number of parking spaces required for the new use. In the current situation, for instance, the parking requirement for the fraternity is 2z~ spaces, and for the rooming house 36 spaces. The parking requirement for the conversion of the building is therefore 12 spaces. Only 2 can be provided oresite. The Zoning Chapter allows modification of the parking requirements by special exception, but only down to 50% of the required parking. A reduction to 6 spaces could be permitted by special exception. In discussing this situation, staff realized that the current regulations are essentially a disincentive for the retention and reuse of existing fraternity and sorority houses, and encourage the demolition and replacement of these structures. On a property containing a vacated fraternity or sorority where little or no parking exists, there are only a few uses other than other fraternities or sororities that could move into the facility without running into the above mentioned parking problem. Staff feels that it is in the City's best interest to have these buildings preserved rather than replaced with new apartment buildings. Most of Iowa City's fraternity and sorority houses were constructed in the early decades of this century, and have become established as important features in Iowa City's landscape. They contribute a great deal to the character of a number of the City's older neighborhoods, particularly those along N. Dubuque Street which contribute towards an attractive and inviting entrance to downtown Iowa City. They are an asset that should be preserved and cherished rather than lost to demolition because of a parking requirement put in place long after their construction. In terms of intensity of use, a rooming house seems to be very comparable to a fraternity or sorority, or more likely will have a lower occupancy than a fraternity or sorority. According to the Housing Inspection Division, occupants of a rooming house rarely share bedrooms, as frequently occurs within fraternity and sorority houses. Although many of the existing fraternity and sorority houses contain little or no parking, the reality is that a majority of the residents likely own cars, but must find parking elsewhere within their neighborhood. At worst, the change in use to a rooming house would result in a similar parking situation. In many cases, the number of residents who own cars may be significantly less than a typical fraternity or sorority. Limited information that staff has obtained regarding some Iowa City rooming houses suggests that rooming houses are likely to cater to individuals less likely to own cars. Although this is probably not the case for all rooming houses, staff believes that in most cases a rooming house will generate a lower parking demand than a fraternity or sorority. The difference in the parking requirement for fraternity/sorority houses and rooming houses can be explained, but it is apparently not due to any noticable difference in parking demands for the two uses. Prior to 1983, both uses required one parking space per 200 square feet of floor area of the building. When the Zoning Ordinance was rewritten in 1983, the parking standard for fraternity and sorority houses was reduced to one space per 300 square feet of floor area to bring many of the existing fraternity and sorority houses into conformance. Those that provide little or no parking remained non-conforming, but the amendment did provide some relief for many fraternity and sorority houses existing at the time. Unfortunately, it resulted in the current problem which makes it difficult to convert the facilities into rooming houses, which seems to be a logical use for the buildings to be converted to. Proposed Code Amendment: To address this situation, staff proposes to allow the conversion of fraternity and sorority houses to rooming houses without requiring the increased parking requirement to be met. This provision should only apply to buildings which are historic and have existed for a sufficient length of time such that they have become important components of an older neighborhood or major entryway. The National Park Service defines a historic building as being at least 50 years old. Staff recommends incorporating this age requriement into the proposed amendment to avoid it being used as a way to reduce the parking requirements for a newly constructed rooming house. Staff believes that there is an additional public benefit that will be achieved by making the preservation of fraternity and sorority houses more likely, as discussed above. The neighborhood impact of a fraternity or sorority that is converted to a rooming house will likely be minimal, unless changes are made to increase the occupancy of the building by constructing additional floor area for more bedrooms. Any amendments to the parking requirements that would allow the conversion of a fraternity or sorority house to a rooming house with no increased parking should specify that this applies only to reuse of an existing facility. 2 Staff is not comfortable with simply reducing the required parking for rooming houses to equal the standard for fraternities without doing more extensive research on the subject and surveying other existing rooming houses within Iowa City. In a situation where a building is converted to a rooming house, spill-over parking that may occur in the surrounding neighborhood would likely be a continuation of a situation that has existed there for some time. In the case of a new rooming house, any spill-over parking that may occur as a result of the reduced parking requirement will be a new situation within that neighborhood and will not be as easily accepted. Therefore, staff recommends that changes in the enforcement of parking requirements for this situation be tied to the conversion of an existing fraternity or sorority rather than applied to all rooming houses. The specific section of City Code that staff proposes amending is 14-6N-1A4, found in the Off-Street Parking Requirements of the Zoning Chapter. It currently reads as follows, with the proposed text amendment shown in bold type: 14-6N-1: OFF-STREET PARKING REQUIREMENTS: Off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: A: General Rules and Regulations: The following rules shall govern in the design, location and number of off-street parking and stacking spaces, aisles, and drives. 4. A use existing prior to the effective date hereof, for which the current required number of parking or stacking spaces is not provided, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided: a. If subsection ~-J (see note below)* of this Section would require a greater number of parking or stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with subsection B of this Section. b. In addition to the number of spaces required under subsection A4a above, or if subsection A4a does not apply, as many additional spaces as the lot will accomodate shall be provided. c. In the case of a building over 50 years of age containing an established fraternity or sorority house being converted for use as a rooming house, additional parking or stacking spaces as required in subsection A4a above may be waived by the Building Official, provided that the use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which exists in the established fraternity or sorority. * This reference should have been changed at the time of a past amendment to the parldng requirements. The required parking table, currently section 14-6N-1J, was formerly section 14-6N- II. This reference was not properly updated at the time the past amendment was adopted. 3 STAFF RECOMMENDATION: Staff recommends that the Off-Street Parking Regulations be amended to allow buildings over 50 years of age containing established fraternity or sorority houses to be converted to rooming houses without requiring that additional parking be provided, as detailed in this staff report. Approved by: Robert Mildo, Senior Planner Department of Planning and Community Development rooming.doc 4 City of Iowa City Date: To: From: Re: March 20, 1997 Planning & Zoning Commission Scott Kugler, Associate Planner Fraternity/Sorority House Code Amendment At Monday's informal meeting, a concern was raised about the "50 years of age" provision being proposed by staff. The intent of including this provision is to allow the conversion of historic fraternity and sorority houses to rooming houses without increased parking being required, but not to allow this to occur for newer buildings that may be currently occupied by fraternal or sororal organizations. Staff proposed using the National Park Service's generally accepted definition of a historic building, meaning a building at least 50 years old. It was suggested by a Commission member that rather than using this definition a fixed date, such as 1940, be used to determine whether a property should qualify for this provision. if the Commission feels that this fixed date approach is preferable, staff would suggest the following language: c. In the case of a building that was constructed on or before December 31, 1940, containing an established fraternity or sorority, being converted for use as a rooming house, additional parking or stacking spaces as required in subsection A4a above may be waived by the Building Official, provided that the use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which existed in the established fraternity or sorority. f:\shared\pcd\frat.doc The following materials regarding this item were submitted by neighboring property owners or other interested persons, March 20, 1997 George Starr, Chair Iowa City Planning and Zoning Commission City of Iowa City Iowa City, Iowa 52240 Re: Proposal on Vacant Sorority/Fraternity Houses Dear Chairman Starr and Commissioners: I am writing to express my objections to a Zoning Chapter amendment which would allow existing sorority and fraternity houses to become rooming houses without requiring extra parking. I will be teaching a class in Cedar Rapids tonight and so cannot attend the Commission meeting. Since I live at the corner of Brown and Linn Streets I have a vested interest in what happens to such houses when they become vacant. There are currently at least five occupied fraternity houses and one vacant house in our immediate neighborhood. To the best of my knowledge, none of those houses have parking sufficient for the number of members who live in them and certainly not enough to accommodate the members who are regularly at events at the fraternity houses. As a consequence, with the exception of days when the University is not in session, all available street parking is constantly taken in the evenings by fraternity members, and their guests. In the day, they compete with University students and employees for the parking. In addition to the fraternities, there is one apartment and one rooming house already on Dubuque between Brown and Ronalds, and several houses which are broken into apartments or which rent rooms in the same several block area (consider a large square bounded by Dubuque, Brown, Gilbert and either Ronalds o__r Church Streets.) Several of them do not appear to have any off-street parking and those renters, and their guests also join the competition for finding street parking. (And of course, there is always the possibility that one or two of us single family folks might have occasional company or work people who need to park.) In sum, the current parking is already very problematic. Moreover, the related traffic in the area is high. Ronalds, and especially Brown and Church Streets are popular East-West cross streets. Linn Street and especially Gilbert Street are popular North-South routes. To add another rooming house seems destined to increase the traffic flow and the parking congestion in what has been designated an historic preservation area. Page Two George Starr March 20, 1997 Perhaps your investigation of a conversion like the one at 716 N. Dubuque Street, would show that the problem would not be made worse. But you need to know that a problem already exists with parking and traffic. We could try to make sure that such conversions do not make the problem worse and could offer an opportunity to improve the situation The proposal before your Commission would allow the house at 716 N. Dubuque Street to be turned into a boarding house. Perhaps, if D&K Properties bought it, the low-income roomers they anticipated would, as they suggest, have few cars. (I do not think that one's income level necessarily affects their ownership of a car.) Even if this is true, their proposal raised a host of other questions that may not be specifically germane to consider at this point.. But I am concerned that the proposal before the Commission could allow for any kind of boarding house to installed without an opportunity for neighborhood input and without regard to the totality of existing circumstances in a given neighborhood. And boarding houses pose some special concerns: my understanding is that the rules and regulations for boarding houses are not. well enforced. We do not employ an adequate number of inspectors to be able to insure such enforcement and problems abound. Fraternities and sorority houses, on the other hand, are subject to more rules and regularly reporting to the University. From a procedural standpoint, I wonder to what degree have you conducted an inventory of existing sorority and fraternity houses? How many houses are in Iowa City? Where are the houses located? How many people live in proximity to these houses? Have all of those people who live in neighborhoods with existing fraternity and sorority houses been contacted about this proposed amendment? Indeed, if you pass this amendment it could affect many neighborhoods in Iowa City and I would assume many of those folks might want an opportunity to comment. While I can appreciate the need to find a use for the existing structures and to avoid, if at all possible, demolition of the same, I am NOT in favor of a blanket proposal allowing for conversions to boarding houses. At the very least, I think each case should be individually considered. From my neighborhood perspective, an adaptive reuse which allowed the house to be turned into a four-plex for instance, would have less of an exacerbating effect on the current problems, especially since adequate parking facility might be available. Page Three George Starr March 20, 1997 I know these issues are complex and there are many interests to be considered. Nonetheless, I think we have an obligation to explore alternatives which do not create new problems or worsen situations which are already difficult. Thanking you in advance for your consideration, I am Very truly yours, Nancy Hauserman 729 North Linn Streets Iowa City, Iowa 52245 354-9692 cc: Neighborhood 721 North Linn Iowa City, Iowa !7 March !997 5_2245 Members of the Iowa City Council: I own residential property at 721 North Lirm, Iowa City, in a neighborhood shared with fraternity houses. I am very much concerned about the present lack of adequate street parking in my neighborhood and the potential that the problem could become even worse .should alternative uses for fraternity houses, .such as becoming room/rig houses, be exempted from parking requirements presently required in City code for these alternative uses. There is not enough parking for present uses. In my block, the 700 block of North Linn between Brown and Ronalds, there are too many properties without off-street parking. The home at the northeast comer of Ronalds and Linn has no offstreet parking and must park cars on the street. There is a four-plex at the northwest corner of Ronalds and Lim~ without any offstreet parking; consequently -- another eight cars on the street. At 719 North Linn there is another four-plex without offstreet parking -- another eight cars on the street. Across the street is a duplex, again without offstreet parking -- another four cars on the street. When the City repaved Dubuque Street in 1986, off-street parking was eliminated from the apartment house at 720 North Dubuque. (The building was sold the same year.) The tenants park on the street, 700 block of North Linn, and walk down the alley to their apartments. The Phi Kappa Sigtna house at 716 North Dubuque rented parking in the ravine behind their house from Sigma Phi Epsilon. The house was sold to Alpha Kappa Lambda in 1988. Sigma Phi Epsilon destroyed the ravine, which had been a natural buffer between the fraternities and our bedrooms, and, in 1991, built a spectator, sports arena for volleyball and basketball, eliminating most of the parking that had previously been rented to the Phi Kappa Sigma house. (This sports arena is another issue that needs to be addressed separately.) Consequently, because there are only six parking places at the 716 North Dubuque site, Alpha Kappa Lambda has been largely restricted to residents without cars. Although, there are a some who park in the 700 block of North Linn and walk down the alley to the fraternity. When the University established CAMBUS stops, going both directions, in the 700 block of North Dubuque, at the base of the alley running from Linn Street, university workers started parking in the 700 block of North Linn and walking down the alley to CAMBUS. As you can see, we have a major street parking problem. Before any parking exceptions are provided for alternative uses of fraternity houses, a study needs to be made on the impact of any such exceptions on the neighborhood directly affected. Present code has provided for adequate parking requirements. I am particularly concerned that any variance in the property at 716 North Dubuque Street would even more adversely affect a situation that is very bad. I believe City Council should develop a master plan that would determine which non-conforming structures in the 700 block of North Dubuque should be saved for historical or cultural reasons and determine what acceptable alternative uses might be and how parking for such uses can be accomplished without making a bad situation worse. I request your thoughtful consideration of these matters. Sincerely, / J6hn C. Fitzpatrick/' / / /721 North Lirm /// c/ Iowa City, Iowa ~5~245 April 2, 1997 APR 041997 ' MAYOR'S OFFICE The Honorable Naomi Novick Mayor, City of Iowa City 306 Mullin Ave. Iowa City, Iowa 52246 Re: Proposal on Vacant Sorority/Fraternity Houses Dear Mayor Novick: I am writing to express my objections to a Zoning Chapter amendment which would allow existing sorority and fraternity houses to become rooming houses without requiring extra parking. Because of a prior University commitment, I cannot attend the Council meeting. Since I live at the corner of Brown and Linn Streets I have a vested interest in what happens to such houses when they become vacant. There are currently at least five occupied fraternity houses and one vacant house in our immediate neighborhood. To the best of my knowledge, none of those houses have parking sufficient for the number of members who live in them and certainly not enough to accommodate the members who are regularly at events at the fraternity houses. As a consequence, with the exception of days when the University is not in session, all available street parking is constantly taken in the evenings by fraternity members, and their guests. In the day, they compete with University students and employees for the parking. In addition to the fraternities, there is one apartment and one rooming house already on Dubuque between Brown and Ronalds, and several houses which are broken into apartments or which rent rooms in the same several block area (consider a large square bounded by Dubuque, Brown, Gilbert and either Ronalds o__r Church Streets.) Several of them do not appear to have any off-street parking and those renters, and their guests also join the competition for finding street parking. (And of course, there is always the possibility that one or two of us single family folks might have occasional company or work people who need to park.) In sum, the current Darkinc is already very problematic. Moreover, the related traffic in the area is high. Ronalds, and especially Brown and Church Streets are popular East-West cross streets. Linn Street and especially Gilbert Street are popular North-South routes. To add another rooming house seems destined to increase the traffic flow and the parking congestion in what has been designated an historic preservation area. Page Two Naomi Novick April 2, 1997 Perhaps investigation of a conversion like the one at 716 N. Dubuque Street, would show that the problem would not be made worse. But you need to know that a Droblem already exists with parking and traffic. could try to make sure that such conversions do not make the problem worse and could offer an opportunity to improve the situation We I understand that this Amendment grew out of a request to have a house at 716 N. Dubuque Street turned into a boarding house. D&K Properties wanted to buy the house and rent rooms to low-income roomers. D&K suggests that low-income boarders will not have cars. Maybe, though I do not think that one's income level necessarily affects their ownership of a car. But even if that assertion was true, their proposal raised a host of other questions that may not be specifically germane to consider at this point. If this amendment passes, I am concerned that there will not be ample opportunity for neighborhood input to such changes and that the totality of existing circumstances in a given neighborhood will not be considered. And boarding houses pose some special concerns: my understanding is that the rules and regulations for boarding houses are not well enforced. We do not employ an adequate number of inspectors to be able to insure such enforcement and problems abound. Fraternities and sorority houses, on the other hand, are subject to more rules and regularly reporting to the University. Moreover, students who live in or frequently visit sorority and fraternity houses are not in town over University breaks. Most of them are gone for the summer. Consequently there are at least a few times when the parking and traffic problems are eased somewhat. This would not be true for boarders who might be expected to be in town, parking and driving, all year round. Again, the already existing problems would be worsened. From a procedural standpoint, I wonder to what degree an inventory of existing sorority and fraternity houses has been conducted? How many houses are in Iowa City? Where are the houses located? How many people live in proximity to these houses? Have all of those people who live in neighborhoods with existing fraternity and sorority houses been contacted about this proposed amendment? Or alerted to this proposal so they could comment on the same? Indeed, if you pass this amendment it could affect many neighborhoods in Iowa City and I would assume many of those folks might want an opportunity to comment. Page Three Naomi Novick April 2, 1997 While I can appreciate the need to find a use for the existing structures and to avoid, if at all possible, demolition of the same, am NOT in favor of a blanket proposal allowing for conversions to boarding houses. At the very least, I think each case should be individually considered. From my neighborhood perspective, an adaptive reuse which allowed the house to be turned into a four-plex for instance, would have less of an exacerbating effect on the current problems, especially since adequate parking facility might be available. I know these issues are complex and there are many interests to be considered. Nonetheless, I think we have an obligation to explore alternatives which do not create new problems or worsen situations which are already difficult. Thanking you in advance for your consideration, I am Very truly yours, Nancy H~~aus ma~ 729 North Linn Street Iowa City, Iowa 52245 354-9692 cc: Neighborhood Um Jnhn Fi~znntricl¢: l own re~iclentinl nmne`rtv st 721 N. l,inn ~J/~Di~Mgmher~ of thh City Cn~hSi'E -- / ~~ '~~ ~ ~j~ Thank vm~ for the onnort~m~tv to annear before vm.~on~oht_ ~.m op?~ed to the proposed ordinance exempting boarding house use of fraternity houses from parking requirements letter to Counc~!~ ! 7 March, ! am here to let you know that w e already have a m~jor parking problem Jn the 70~ b~ock This --/ problem_ ra,qnmlt,q from at least thrae factor.q: Not all of the fraternities pm,qent!y located along the 700 block of Nort'n Dubuque Street have sufficient paricing to th~s are ~hat the City of lnwa City~ ~t~elf~ eUminated pa~ing in the widening and regrading of Dubuque Street ~n I°~' ~ ~n 199'I ,h~ ~;~ Phi =~o;t~ 702 North Dubuque Street, which has ample chose to conve~ space -- that had been rented to other other fraternities to park on the ~treet. The fmte`mity ~ parking problem exists during the fall and spring n~rkin~ Jn the 7~0 hl~ck of North I,inn probiem during the summer and hoi~d~ys, because 2~ A second factor i,q the. loc~tinn of the CAMBU~q ,qtnp in the 700 block of North Dubuque Street. Both t'ne Red and ~..~ ~..,~ o,~ ,u~ base of the "~*~" ,h., -,.o tim. l.inn Street to Dubuque S~eet; consequent!y~ the 700 block of Noah Li~ has become a parking lot for university employees who choose to take advantage of free street parking, convenient to a CAMBUS stop. North l,inn i.~ a nrahl~.m an wa~.kdav.q, v~.2r-rannd, 3) The third factor I hring to your attention iS that many residents of the 700 block of North Linn do not have off-.qtreet narkino and mu.qt hark on the street_ In block ~nere are presently two 4-plexes, a duplex, and a re~ident~ must park on the street, promera. The resident.q of Noah 1 ,inn Street ValUe the nnimmne,q,q of our 1 neighbo£nood, wifn its diversity of housing gnat includes diversity make~ m~r neighborhood an exciting place to live. Many older structures contribute significantly to fine character ~e~ for historic katemiry and sorority hm~e~ that wnn~ld comply w/city codes and would keep the properties on fine tax Not all fraternitieq and Snroritie,q, h,~ilt prior to 30December i940, are of particular significance. A study needs to ~honld he preceded bearable of architectnra!, cnlnwa!, or h~storicai ' '"' menunee structures neea to oe slgmilca~ce. ' alternative mose uses on ene i~ediate ' nelg~oor~ooo. Dome suc~ and sorority hou~e~. The proposed ordinance would negatively affect neighborhood. A fraternity house at 7 i 6 North Dubuque Street That narkino wa~ ln~t in the development ~f the Sig ~n ~ports arena. The fraternity house at 7 i 6 Noah Dubuque stood empty To allow a structure !~ke th~s to become a boarding house based on the number of residents it had previously housed, without e~'" to had Been rented from the ,gig E.x won{d {mna~a considerable hardship on our neighboFnood where we already have a The nranaqed ordinance pravMes far immediate, maxim~m, financial exploitation of prope:ies gnat may or may not be of annRidarahla naoativa ironact on the naiohhnrhnadR where prope~ies are located. ~rge you to reject the proposed !) determine whiah fraternity and sorority houses h~nilt "" '" ' ~" ~"gh prior to ou L~ecemoer i v,+v ou t to be preserved examine alternative uses that would preserve the structures, retain them on the tax rolls, and benefit our com_munity. draft an ordLn_ance for cnn.qideration by cotmci! that would provide for the preservation of identified uses that would not negatively impact the neighborhoods in which the structures are located. Thank ym~ far your consideration of these concern,q_ PUBLIC HEARING NOTICE The City Council will be holding a public hearing on the FY98 Annual Action Plan Budget on April 8, 1997, at 7:00 p.m., Civic Center, Council Chambers, 410 East Washington Street, Iowa City, IA. The City of Iowa City has available a draft FY98 Annual Action Plan Budget for the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships program (HOME) funds. The draft budget describes the federally funded activities to be undertaken by the City and its subrecipients during the 1998 fiscal year (July 1, 1997 to June 30, 1998). Copies of the draft FY98 Annual Action Plan Budget is available to the public at the Iowa City Public Library, 123 S. Linn Street; and the City Clerk's Office, 410 East Washington Street. A thirty (30) day public comment period began on March 7, '1997. Additional information is available from the Department of Planning and Community Development, 4'10 East Washington Street, Iowa City, Iowa, 52240 or by calling 356-52,30. NOTICE OF PUBLIC COMMENT PERIOD The City of Iowa City has available a draft FY98 budget for the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships program (HOME) funds. The draft budget describes the federally funded activities to be undertaken b~y the City and its subrecipients during the t998 fiscal year (July 1, 1997 to June 30, t998). Copies of the draft FY98 CDBG\HOME budget is available to the public at the Iowa City Public Library, 123 S. Linn Street; and the City Clerk's Office, 410 East Washington Street. A thirty (30) day public comment period commences with the publication of this notice on March 7, 1997. The City Council will also be holding a public hearing, at the conclusion of the public comment period, that will be scheduled for April 8, 1997. Additional information is available from the Department of Planning and Community Development, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356-5230. City of Iowa City MEMORANDUM DATE: TO: FROM: RE: April 2, 1997 City Council and City Manager Maurice Head, Community Development Coordinator Public Hearing on the FY98 Annual Action Plan Budget Recommendation On April 8, 1997, the City Council will hold a public hearing on the proposed FY98 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program budget. A staff memo, the FY98 Project Resource Book and information regarding the proposed allocations has been forwarded for your review. A copy of the proposed FY98 CDBG\HOME budget is attached. This FY98 budget will be part of the FY98 Annual Action Plan that will be completed and sent to the City Council for approval in May. If you have any questions please call me at 356-5244 or Steve Nasby at 356-52z~8. PROJECTS REQUESTING FY98 CDBG AND HOME FUNDING HCDC (3/7/97) Request Recommendation ECONOMIC DEVELOPMENT PROJECTS (Est. Set-aside $167,000) Micro-enterprise Training: Institute for Social & Economic Development $ 30,000 Business Expansion: Heartland Candleworks $ 72,000 Microenterprise Training: Small Business Development Center $ 20,700 Business Expansion: Torus Precision Optics $ 43,600 Investment Guarantee: Fast Carpe Investment $ 55,000 Subtotal $221,300 PUBLIC FACILITIES PROJECTS (Est. Set-aside $129,435) Acquisition & Rehab: Crisis Center $200,000 Residential Backflow Prevention: City of Iowa City $ 3,500 Upstairs Floor Improvements: Emergency Housing Project $ 1,800 Center Enhancement & Security: United Action for Youth $ 8,725 Playground Equipment: Horace Mann PTO $ 24,000 Sidewalk Repair Program: City of Iowa City $ 5.000 Subtotal $243,025 PUBLIC SERVICE PROJECTS (FY98 Statutory Cap $153,150) Support Services for Transitional Housing: Emergency Housing Project $ 16,600 Furniture Project: Domestic Violence Intervention Program $ 7,500 Job Training: East Central IA Employment & Training Consortium $ 25,702 Youth leadership Program: Community Corrections Improvement Assn. $ 20,000 Aid to Agencies $105,000 Housing Counseling: Hawkeye Area Community Action Program $ 21,866 Housing Support Program: LIFE Skills, Inc. $ 17,772 Econ. Dev. & Supportive Service: Mayor's Youth Employment Program $ 50.000 Subtotal $264,440 HOUSING PROJECTS (Est. Set-aside $992,415) Acquisition & Rehab: Greater Iowa City Housing Fellowship Land Acquisition: Habitat for Humanity Small Repair Program: Elderly Services Agency Housing Rehabilitation: City of Iowa City Man. Home Fire Safety: [.C. Fire Dept. & U. of I. Burn Treatment Ctr. Rental Housing Construction: Meadow Wood Senior Apartments Affordable Owner-occupied Housing: Swenson & Associates Property Acquisition: River City Housing Collective Subtotal Subtotal ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning CONTINGENCY Unprogrammed Funds for CDBG and HOME TOTAL $380,670 $ 46,OOO $ 28,ooo $461,000 $ 6,ooo $ 66,000 $i60,000 $ 85.OOO $1,232,670 $ 55,000 $140.000 $195,000 $ 75,000 $2,231,435 $ 20,000 $ 72,000 $ 20,700 $ o $ o $112,700 $200,000 $ 3,500 $ 1,800 $ 8,725 $ o $ o $214,025 $ 16,600 $ 7,5oo $ 7,o5o $ 17,000 $105,000 $ o $ o $ o $153,150 $317,220 $ 30,667 $ 28,ooo $424,000 $ 3,OOO $ 11,000 $ 68,238 $ 8O.OOO $962,125 $ 55,000 $140.000 $195,000 $ 75,000 $1,712,000 March 24, 1997 403 Holiday Road Coralville, Iowa 52241 Naomi Novick Mayor, City of Iowa City 306 Mullin Ave Iowa City, Iowa 52246 MAR g 8 t997 MAYOR'S OFFICE RE: Recommended Crisis Center CDBG Allocation Hello Naomi- As you know, Diana and I are involved in many community service activities. Dimha spends countless hours on Coralville City Council related matters. I serve on numerous Boards of Directors including those of the Coralville Public Library, Morning Optimist Club, Iowa Firefighters Memorial, and the Iowa City Safety Village. While all these organizations are extremely important to the community, perhaps none are as rewarding to me as serving on the Crisis Center Board of Directors. I am wearing my Crisis Center hat as I w25te to you today requesting your support of the recommended allocation of CDBG funds for our building project. As I'm sure you already are aware, the two primary missions of the Crisis Cemer are providing 24 hour, 365 days a year crisis intervention services and operating the Food BmtldEmergency Assistance Program. Welfare reform, managed mental health care, corporate downsizing, and other factors impacting human service agencies are intensifying the Crisis Center's role as the safety net in our community. For instance the Food BanldEmergency Assistance Program served 328 new, unduplicated Jolmson County households during the second quarter of FY 1997. This represents a 36% increase in new households served compared to same period in the prior year. Perhaps what impresses me most about the Crisis Center is that except for a small core of paid staff; all Center services are provided by a group of incredibly dedicated volunteers. Two years ago the Crisis Center undertook a long range plalming process in order to better understand existing and future demands for service. We believe the resulting plan charts a course that ensm'es that the Crisis Center is prepared to meet the challenges which lay ahead. An integral component of this plan outlines our need for additional space to meet the demands. After nmnerous discussions with area Realtors we soon learned how scarce affordable building space is in Iowa City which would meet our needs. In a fortuitous stroke of luck, we learned that space may be available within a few hnndred yards of our current facility. The Memnonire Community which ovms and operates the Crowded Closet business on Gilbert Court is planing to relocate into a larger facility as well. The building which they are vacating happens to have exactly the square footage and number of parking spaces which the Crisis Center needs. While the asking price ($325,000) and estimated $100,000 for renovation for the Crowded Closet building is significant, the needed fm~ds appear attainable with the generous support of organizations such as the City of Iowa City. We were gratified by the show of support expressed by the Housing and Community Development Commission when they recommended m~ allocation of $200,000 towards our building project. I am requesting that you express your support in favor of the reco~r~r~ended allocation of CDBG funds for the Crisis Center building project. Without the CDBG fm~ding this rare opportunity to purchase an affordable building in a location accessible to the persons we serve will not be realized. Thank you for your time considering my request. Please do not hesitate to call me (work: 335- 4458, home: 351-1125) with any questions, comments, or suggestions. Best wishes~ o~~~ Lundell ]~ LIFE SKILLS, INC. Gillian J.I-l. Fox, Executive Director 1700 First Aver~ue, Suite 2,5E Iowa City, Iowa 5224,0 319 354-2121 319 3~4-0724 FAX April 3, 1997 City Council Members 410 E. Washington St. Iowa City, IA 52240-1826 Dear Council Members, We are writing to you to request that the recommendation of the HCDC committee to discontinue funding for the LIFE Skills, Inc. Housing Support program and Tool Pool be reconsidered. There are several reasons for this. With housing and financial assistance options becoming more limited and with the demand for low income housing remaining high, those who are homeless or living in inadequate housing are faced with even fewer resources if the recommendations made by the HCDC are accepted. The Housing Support program and Tool Pool are unique and necessary services for the Iowa City community and serve individuals who have limited access or no access to help without them. The vast majority of individuals we serve are either in the application process or on the waiting list for public housing assistance and have very limited options available to assist them in the acquisition of safe and affordable housing. We believe that the program is very successful based on the numbers of individuals and families served each year. In FY 1995 we served 119 individuals and families, in FY lg96 we served 157 individuals and families, so far in FY 1997 we have served over 115 individuals and families. The Housing Support program meets the criteria for HIGH priority objectives of the City of Iowa City's STEPS plan and continues to provide extensive assistance to individuals and families who have resided at DVlP and EHP. Efforts to follow-up include an evaluation which is mailed to recipients of Housing Support program services. During our last evaluation cycle, 16 follow up surveys were mailed with 5 responses making the overall response rate 31.25%. While this response rate is lower than what we typically see with our other programs we believe it to be an adequate response to provide us with the necessary information. Of the five responses 100% of the respondents were stable and continued to reside in the homes which the LIFE Skills Housing Support program helped them to acquire. 04/0B/19~7 15:28 BlaB§40724 LIFE SKILLS, INC. PAGE 02 Another important factor to consider is that until very recently, LIFE Skills has been excluded from the United Way Funding Process due to our "designated only" status within United Way. It is our understanding that in FY 1999 LIFE Skills will be eligible to request funding through United Way for the Housing Support Program and Tool Pool. We intend to seek funding through United Way as soon as applications for the 1999 fiscal year become available. In closing, we wish to reiterate that the majority of individuals and families we serve have come to our program as a last chance effort to provide for themselves and their families. Due to the limits imposed on local shelters, programs such as ours become increasingly important. We respectfully request that the HCDC recommendations be reconsidered and discussed and that funding be allocated for this very important and effective Iowa City resource. If we may answer questions, please contact Gillian J.H. Fox, Executive Director or David Vincent, Housing Specialist at the above number. Sincer_.elv, Executive Director Karen Thielman, L.S.W., ACSW April 4, 1997 525 North Van Buren Iowa City, Iowa 52245 0 ? lgg7 CITY AIANiiGER'S OFFICE Iowa City City Council Civic Center Iowa City, Iowa 52240 Dear Councilors: I am writing about the CDBG funding proposals which youwill be reviewing nextMonday. I encourage you to support the $200,000 grant to the Crisis Center for the purchase of a newbuilding. I am a helping professional in the Iowa City conmunity, and I am a member of the Crisis Center Board of Directors. In both roles, I am aware that many people are helped daily by the programs of the Crisis Center. It is a wonderful agency that contributes greatly to this conrmmity. I am also aware of the acute need for a larger facility. Staff, volunteers, and clients/consumers are working in very crowded conditions. Over the next five years, we anticipate a huge increase in the need for services whichwill further stress the already crowded space. The Board of the Crisis Center has been studying the problem of space for severals years now. We.have recently concluded that a new facility is badly needed~and do~able. We will greatly appreciate your support in m akin--this happen. Karen Thielman Clinical Social Worker Chair, Crisis Center Board River City Housing Collective, Inc. The River City Housing Collective is a non-profit housing organization that currently owns and/or manages 48 affordable units in Iowa City. Our membership is diverse. Ages of resident members range from 12 to 50° Of the total membership: - 2% are children, - 30% of resident members are graduate students, - 33% are non-students, - 35% are undergraduates, and - only 22% of the total membership are claimed as dependents on their parents tax returns. 74% of us have incomes below 30% of the area median income, and 78% of us are employed. For example, we work at the University and Mercy hospitals, Apac, Burger King, La Perlita, Area nursing homes, The university, in local schools, and as Vista volunteers with United Action for Youth. The River City Housing Collective has been recommended to receive $80,000 in HOME funds. We would like to thank the Housing and Community Development Commission for their support of our proposal. We are here tonight to encourage you to support their recommendation, and we offer you the following reasons: 1. Last year 'the River City Housing Collective was awarded the 1996 Community Deve2opment Award by the City of Iowa City and the Housing and Community Development Commission. Our proposal seeks to further strengthen our organization and allow us to better serve the Iowa City community through the provision of affordable housing. 2. HOME funding will allow us to leverage private financing in order to acquire a new property; the rents for the units in this property will be below fair market rates. 3. We are requesting a loan, which will be paid back to the City with interest. 4. In order to meet HOME fund requirements, none of the members who would live at the new property would be students claimed as dependents on their parents' tax returns. 5. Our organization is self-managed; empowering resident members while allowing us to keep management expenses to a minimum. Our volunteer labor will serve as the HOME fund match. 6~5-339-23~8 HABITAT LIPPER NIDWES Americum, GA 31709-3495 Dear ~. $nide~: Urban Development (HUD), I am enclosing two items of intmrest, ~'be firs~ ~nc~osure is an excerpt ~rom our AugUSt N~WSBRI~F all ~UO Co~u~uni~y P~anni~ and D~ve~pm~n% Field Of~ic~ Director~. The second iea copy of the opinion ~ender~d by our 0~fice o~ Geae=al Counsel. I trust this will ave~% fur'thor delaym cr imDediments BUD/CDSC pa==icipatlon with 9abitat in its worthy domestic venture~. V~ sinesrely yours, Don ~. Patuh Direc=er, 0f~ice c~ Block Thomas ~ir~ Jones ~abttat ~or ~umanity International Washing~qn, DC 200~5 H~IT~T UPPER MTDklE~ ~rgani~a~iuns. In ~n opinion ieeu~a July 9, 1993, this du~rmin~tlon, any lo~al organization o~ Habitat ahoul~ be viewed in th~ m~me manner unless ~here i~ reason to believe ~he e~ity operaess in a m~nner that is substantially ...[~abi~a% for Mumani~y Im=erna~ional-JChur=h/Sta~e issue] July 9, 1993 FOR: Kob~¥t $. E.nison, Associ&to General ~ounsel Of~ic~ of Assi~t~ Mous{n$ an~ Community Development, GC ~n%~rn~tiona~ %o ~e~v9 communit~ development block grant ~unda which generally pr0hi~i% ~i£e~t as~i.tan~e tc pervasively this issue, i~ an o~anima~i~n with nationwide affiliates established several ath~i~ are a~l brought %ogethe~ &n th~ e~ort to buil~ hcu~in~ for tho~ in need of ~ecent ~h~L~er. Habitat doe~ h~wever, eve~ person ha~ ~ r~gh= ~o live in a simple decent house. wi:h ~1%gi~n, ~ v, g~:t~man, 403 U.S, 602 (19~2), A~ yQU First ~en~ent is 'a~ bas% opaque," 403 U.S% 612, the first prong o~ the ~ ~, Under %he c~uni%y It is the seeo~%d test, that %he a~sistance have a primary h£stori~ally been m~st %r~ubl.som~ in application. ~n ~ v. McNeil, ~13 U.~, 73~ (1973), the Court added =he ~11owing "Aid no~ally may be though% t~ have a ~rima.-y effect ~f a~vancing religicn when i~ fl~w~ %o a5 institution iD which =ub~antinlly ~euul~r ~ettan~." ~. at 942. The ~e~e~minati~n ~or Consti:u~i~nal ~m~liance thus requires an U.~. ?36 (i~76), ~e=1axed~ . "To answor %ha ~uestion whe~l,er =n institutj.~% 'pervasiv~ly ~a~ta~ian' tha~ i% may re~iv~ no ~irec~ ~f =he inati~u~io~.- /_~. at ~r~antzation, and (4) organize%ion in c&=~iB~ out ¢~%~n~2. ement, ~he Supreme Court ha~ al~o ~lacmd g~at c~n~itu%ionally objectionable a~ ez~s~iv. ~ove~nmen~al ~ollowi~ '~ssentially ~e~ular ~u~a%i~n~l functions,' 387 F. =eli~u~ conten~ o: $i~nifiuanu~. The need for unnecessary, ~or.~titut~onall~ p~i~ibl~ ~e provide ~i~t~nce tc ~ablta~ for NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 8th day of April, 1997, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, on a ordinance which amends the City Code by repealing the regulations regarding "toy vehicles" and replacing them with new regulations regarding the use "non-motorized vehicles" on streets, alleys, sidewalks, the City Plaza, and in parks, and sets forth a definition of "non-motorized vehicles." Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place. City of Iowa City MEMORANDUM To: From: Date: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis J. Mitchell, Assistant City Attorney ~ April 3, 1997 Ordinance Regulating Non-Motorized Vehicles Attached please find a copy of the ordinance setting forth new regulations regarding non- motorized vehicles. Please note that the ordinance as drafted prohibits non-motorized vehicles on both sides of the street on Capitol Street, Burlington Street, Van Buren Street, and Jefferson Street within the "central downtown business district". I have also attached a copy of my memorandum from March 13, 1997 which summarizes the proposed changes, as well as an updated copy of the grids which compare the proposed regulations regarding "non-motorized vehicles" with the current regulations regarding "toy vehicles". If you have any questions, please do not hesitate to give me a call at 356-5030. Attachments CC: Linda Newman Woito, City Attorney Stephen Arkins, City Manager Dale Helling, Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 31 9-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, CHAP- TER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGU- LATIONS REGARDING NON-MOTORIZEDVEHI- CLES AND BICYCLES. WHEREAS, the operation of roller skates, in- line skates, skateboards, coasters, and other similer wheeled or coasting devices, including unicycles, is hazardous for the operators, pedestrians and motorists in parking lots, parking ramps, streets and alleys, sidewalks in the central downtown business district, City Plaza, and other public areas; and WHEREAS, the City Code currently prohibits roller blades, skateboards, roller skates and other such similar devices on roadways and within the City Plaza but does not prohibit such devices in other public areas; and WHEREAS, the City Code currently prohibits bicycles on sidewalks in all commercial districts but should be amended to only prohibit bicycles in the central downtown business district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 9-1-1 is hereby amended by deleting the definition of "Toy Vehicles" and adding a new definition of "Non-Motorized Vehicles" to read as follows: Non-motorized vehicles: roller skates, in-line skates, skatehoards, coasters, and other such similar wheeled or coasting devices, including unicycles, but excluding bicycles, wheelchairs, baby strollers, and baby carriages. SECTION I1. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: Ordinance No. Page 2 Non-Motorized Vehicles: A. No person shall travel upon or operate a non-motorized vehicle on any road, street, or alley, except in RS-5 (low density residential) and RS-8 (medi- um density residential) zones. Persons who travel upon or operate non-motorized vehicles on roads, streets, and alleys in RS-5 and RS-8 zones must obey all traffic laws which are applicable to drivers of motor vehicles. B. No person shall travel upon or oper- ate a non-motorized vehicle within any public parking ramp or parking lot. C. Except in the central downtown business district, persons may travel upon or operate non-motorized vehicles on public side- walks but must yield the right-of-way to pedes- trians and must travel upon or operate said non-motorized vehicles in a careful and prudent manner. D. No person shall travel upon or oper- ate a non-motorized vehicle on a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jefferson Street to the north. SECTION III. Section 9-1-8 is hereby amended to read as follows: No person traveling upon or operating any bicycle, motorcycle, or non-motorized vehicle shall cling to or attach to any other vehicle while the vehicle is moving upon any roadway or bikeway. SECTION IV. Section 9-3-9, entitled "Play Streets", is hereby repealed. The remaining sections of Title 9, Chapter 3 shall be renum- bered accordingly. SECTION V. Section 9-8-1E(1) is hereby amended to read as follows: 1. No person shall ride a bicycle upon a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jef- ferson Street to the north. SECTION VI. Section 10-5-4, entitled "Bicycle and Skating Restrictions" is hereby repealed and a new Section 10~5-4 entitled "Bicycle and Non-Motorized Vehicle Restrictions" is hereby added, to read as follows: Ordinance No, Page 3 Bicycle and Non-Motorized Vehicle Restrictions: A, Bicycles: No person shall ride a bicycle within the City Plaza; no bicycles shall be left .unattended within City Plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. B. Non-Motorized Vehicles: No person shall travel upon or operate a non-motorized vehicle within the City Plaza. SECTION VII. Section 1 0-9-2, entitled "Prohib- ited Actions in Parks and Playgrounds" is hereby amended by adding the following provi- sion: J. Non-Motorized Vehicles: 1. No person shall travel upon or operate a non- motorized vehicle within Chauncey Swan Park. 2. Persons may travel upon or operate non-motorized vehicles in all other city parks except where posted as prohibited, and only to the extent the non-motorized vehicles are used in a safe manner so as not to injure persons or property. SECTION VIII, REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IX. 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. SECTION X. 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 City Attorney's Office dennis,mit~.prohacts.ord City of iowa City MEMORANDUM To.' Persons Interested in New Regulations Regarding Non-Motorized Vehicles From: Dennis J. Mitchell, Assistant City AttorneyJ~-I~ Date: March 13, 1997 Be: Revisions to City Code Regarding "Toy Vehicles" and Bicycles on Sidewalks in Commercial Districts The City Council of Iowa City will hold a public hearing on Tuesday, April 8, 1997 to discuss changes to current City ordinances regarding "toy vehicles." The following is a summary of the proposed changes (see also attached summary grid): Replacing "Toy Vehicles" with "Non-Motorized Vehicles"; Definition of "Non-Motorized Vehicles," The term "non-motorized vehicles" will replace the term "toy vehicles." "Non-motorized vehicles" will be defined as: roller skates, in-line skates, skateboards, coasters, and other similar wheeled or coasting devices, including unicycles. Bicycles (which already have their own chapter (Title 9, Chapter 8) in the City Code), wheelchairs, baby strollers, and baby carriages will be excluded from the definition of non-motorized vehicles. B. Regulation of Non-Motorized Vehicles in the Central Downtown Business District. Non-motorized vehicles will be prohibited on the public right-of-way, including sidewalks, in the Central Downtown Business District. The Central Downtown Business District will be defined as the area bounded by Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jefferson Street to the north. Section 9-8-1E, City Code, will be amended so that bicycles will only be prohibited on sidewalks in the Central Downtown Business District, rather than on sidewalks in all commercial districts. C. Regulation of Non-Motorized Vehicles on Other Public Right-of-Ways and Public Places. Non-motorized vehicles will be prohibited on all roadways, alleys, and streets except in RS-5 (low density residential) and RS-8 (medium density residential) zones, as described in the City's zoning ordinance. Operators of non-motorized vehicles who use roadways, alleys and streets in RS-5 and RS-8 zones will be required to follow the rules of the road. (A zoning map is available for inspection in the Planning Department and the Housing and Inspection Services Department.) Non-motorized vehicles will be permitted on sidewalks in residential areas as long as the operators of the non-motorized vehicles yield the right-of-way to pedestrians. Non-motorized vehicles will also be prohibited in public parking lots and parking ramps. 2 D. Regulation of Non-Motorized Vehicles and Bicycles Within the City Plaza. Section 1 0-5-4, City Code, currently entitled "Bicycle and Skating Restrictions," prohibits the use of bicycles, roller skates, roller blades, skateboards, and other such coasting or wheeled devices within the City Plaza (pedestrian mall). Section 10-5-z~ will be amended to prohibit "non-motorized vehicles," as well as bicycles, on the City Plaza. The City Plaza is the College Street right-of-way between Clinton Street and Linn Street and the Dubuque Street right-of- way between Burlington Street and Washington Street. E. Regulation of Non-Motorized Vehicles in Parks and Playgrounds. The use of non-motorized vehicles in Chauncey Swan Park (located across from the Civic Center on the southeast corner of Gilbert Street and Washington Street) will be prohibited due to the continuing problem of destruction of property. However, the use of non-motorized vehicles will be permitted in all other City parks and playgrounds except where posted as prohibited, but long as the non-motorized vehicles are used in a safe manner so as not to injure other persons or property. F. Deletion of Section 9-3-9, Entitled "Play Streets." This Section of the City Code will be repealed because it is outdated. Under this ordinance the City Manager has the authority to designate any street a "play street." Only drivers who reside or have business on the street are authorized to drive on a street while it is declared a "play street." Apparently the purpose of the ordinance was to allow the City to close streets for sledding during the winter. Because other City Code sections now provide for parades, block parties, etc., this archaic ordinance will be repealed. Attachment CC: The Honorable Mayor Naomi Novick and Members of the City Council Linda Newman Woito, City Attorney Stephen Arkins, City Manager Dale Helling, Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works TO: FROM: DATE: RE: Iowa City City Council 410 E. Washington Street Iowa City, IA 52240-1826 John Castelloe 429 N. C_filbert St., Apt. #1 Iowa City, IA 52245 March 27, 1997 Non-motorized Vehicle Ordinance MAR 8 1997 Dear Members of City Council, Thank you for the notification of the proposed changes regarding non-motorized vehicles. I would like to offer some comments regarding these proposed changes. I, along with many other inline skaters in Iowa City, have been enjoying roller-. hockey at the top level of the Chauncey Swan Parldng Ramp, almost every week during periods of favorable weather, for the last several years. We play at night when the upper level is deserted. There has never been an incident of property damage resulting from our playing, nor do I anticipate one. Usually, there are no cars left on the upper level at night, and if there are, we distance ourselves both for our safety and the protection of private property. The location is ideal for roller-hockey due to the excellent lighting and mini:mal risk of injury or property damage. If you approve of the proposed changes regarding non-motorized vehicles, there will no longer be a location in Iowa City suitable for roller-hockey, or even inline skating, for that matter. Streets are inappropriate due to traffic hazards and gravel. Sidewalks can be even more dangerous because of the cracks caused by temperature changes. I strongly believe that the upper level of the Chauncey Swan Parldng Ramp is a safe location for both inline skating and roller-hockey at night, and I greatly appreciate your recognition of this fact in the changes you made to the regulations late last year. I urge you to consider this before approving the new drastic changes in the regulations. I do not object to the implementation of changes that would deal with the "continuing problem of destruction of property" that you mention in proposed change E. But please recognize that inline skaters are innocent in this regard. Perhaps you could focus your efforts only on the groups of people that are actually contributing to the problem and allow inline skaters to continue enjoying the use of a safe location. Sincerely, John Castelloe 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 8th day of April, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY EQUIVALENT TO THE FAIR HOUSING AMENDMENTS ACT OF 1989. 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 legal\eleanor\title2,ord Prepared by Eleanor Dilkes, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, 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 amendmerits 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 Ill. 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 180 days after the alleged discriminatory or unfair practice occurred. c. 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 2-4-5 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 2-4-10: 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 2-5-4 (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 complainants 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 2-4-11 to read as follows: Ordinance No. Page 3 Section 2-4-11: CIVIL PROCEEDINGS-HOUSING: A.1. If timely election is made under Section 2-4-10(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. 4. 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 2-4-10(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 5of Title 2of 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 gr6und 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, 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. 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 o~cupied 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 "September 12, 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 Vl. 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 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF 911,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 8th day of April, 1997, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of 911,000,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this l~t day of Apri 1 ,1997. City-Clerk of Iowa City, Iowa finadm\sewebond.not City of Iowa City MEMORANDUM Date: To: From: March 21, 1997 City Council and City Manager Donald Yucuis, Finance Director Corrected List of Sewer Projects Re: Corrected List of Sewer Projects ~ Resolutions to Set Public Hearing to $8,500,000 Water Revenue Bonds Issue $11,000,000 Sewer Revenue Bonds and A public hearing is set for April 8, 1997 on the proposition to issue $11,000,000 sewer revenue bonds. The $11,000,000 total was correct on a previous memo but the Napoleon Park Lift Station, $5,212,500 was not listed. Below is a corrected listing of the projects that would be funded from the bond issue: Project 1. Wylde Green Sanitary Sewer 2. Sheridan Avenue Sanitary Sewer 3. Scott Boulevard Trunk Sewer 4. Willow Creek Sanitary Sewer 5. Napoleon Park Lift Station 6. One Year Debt Service Reserve 7. Design and Issuance Costs TOTAL $ Amount $6OO,O0O 355,000 2,215,515 1,433,500 5,212,500 1,038,332 145,153 $11,000,000 I expect a May 1997 bond sale date for the $11,000,000 sewer revenue bonds. A public hearing is set for April 8, 1997 on the proposition to issue $8,500,000 water revenue bonds. Staff will be presenting to the City Council a more detailed listing of the water projects and a proposed phasing in of those projects at the April 7, 1997 informal meeting. tentatively included with the $8,500,000 bond issue: Project 1. Raw water piping 2. Iowa River Dam improvements 3. Pond stabilization work at Water site 4. Contingency 5. One year debt service 6. Bond issuance costs TOTAL Below is a listing of the projects $ Amount $1,075,600 1,001,000 4,954,000 500,000 802,400 167,000 $8,500,000 I expect to issue bonds in late summer or early fall for the water projects. The actual will depend upon the City Council's direction at the April 7, 1997 work session. bc3-1DY.rnmo dollar amount NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF ~8,500,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 8th day of April, 1997, at 7:00 - o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of 98,500,000 Water Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. Said bonds are proposed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Water Utility. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 1st day of April City~Slerk of Iowa City, Iowa ,1997. finadm\watebond.not NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 8th day of April, 1997, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, regarding the intent to convey a fifty-foot wide, one-hundred and twenty-t~ive foot long vacated parcel of right-of-way known as Gable Street located south of Lakeside Drive to Frantz Construction Co., Inc. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK sarah\landuse\gable.nph NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CORALVILLE-IOWA CITY ANIMAL SHELTER RENOVATION OF WEST WING 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 con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Coralville-Iowa City Animal Shel- ter renovation of West Wing Project in said City at 7:00 p.m. on the 8th day of April, 1997, said meeting to be held in the Council Chambers 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 Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng~nimaLnph PH-1