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Home My WebLink About1997-05-20 OrdinanceLYNCH, GREENLEAF & MICHAEL, L.L.P. LAWRENCE L. LYNCH STEPHEN N. GREENLEAF ROBERT S. MICHAEL Re: Elder Housing Ordinance Dear Council Members: May 16, 1997 I have had an opportunity to review the proposed elder family housing ordinance now before you, and my review has generated several questions that I hope you can answer prior to final passage. They are: 1. Is it necessary to have "elder family homes" restricted to "owner-occupied" dwellings instead of allowing them with a "responsible party"? Such residences are subject to licensing and approval by the Department of Elder Affairs as well as City licensing procedures. Under those circumstances it seems highly unlikely that a problem with an absentee landlord could develop; while in the alternative, limiting the housing to 'owner-occupied" dwellings would limit the number of likely investors. Indeed, one to the advantages of the "elder family housing" scheme is its relatively low cost, and lower costs are most effectively encouraged by adequate supplies. 2. "Elder family housing" as drafted does not allow for separate sinks in the individual's rooms (except for bathroom sinks). It would be beneficial for residents to have a separate sink available for drinking, light dishware, and other uses. 3. "Elder family housing" as currently proposed would appear to be limited to separate single-family residences or to zero lot-lines; however, it should be drafted to allow for an appropriate vertical property scheme. This would again facilitate the design and marketing of such units without any detriment to the elders who would live there. 4. By way of clarification, Section I (A) (3) states that "ELDER CONGREGATE UNIT" is an "apartment or rooming unit in an elder congregate residence"; however, the ordinance does not appear to define .... elder congregate residence". It does define "ELDER CONGREGATE HOUSING", and this would appear to be the appropriate equivalent of "elder congregate residence". 5. Finally, I am concerned that the procedure of allowing elder family housing 1402 WILLOW CREEK COURT, P.O. BOX 1757 ' IOWA CITY * IOWA, 52244-1757 TELEPHONE: (319) 351-1056 FACSIMILE: (319) 338-6834 2 MAY 16, 1997 projects by special exception be carefully considered. Because of the expense and investment required for this type of special housing, it is difficult for potential developers to get the resources to go ahead when they know that all of their compliance efforts with this ordinance could go for nothing if the design plan doesn't sit right with the Board of Adjustments. This ordinance gives an awfully lot of discretionary power to the Board of Adjustments. There should be other, less subjective safeguards provided for. Sincerely, ~ LYNCH, GREENLEAF & MICHAE?I~.L.P., Stephen N. Greenleaf ~ ~,. ~ SNG/sng DEFEATED 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, ENTITLED "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 contribute 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 Regulations, is hereby amended as follows: a. Subsection 14-6N-1A4a is hereby amended to read as follows: Ordinance No. Page 2 DEFEATED a. If subsection ~J 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. Subsection 14-6N-1AZ~ 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, or remodeled to provide a higher occupancy than that which was allowed by the City 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 Ordinance No. Page ~ DEFEATED It was moved by and seconded by O~inance as mad be adopted, and upon mllcallthere wen: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef that the First Consideration z~/? ? / q 7 Vote for passage: AYES: Norton, Novick, Baker, NAYS: Thornberry, Vanderhoef. ABSENT: None. Kubby, Lehman. Second Consideration 5/6/97 Vote for passage: AYES: Baker, Kubby, Norton, Novick. Vanderhoef, Lehman. ABSENT: None. Date published NAYS: Thornberry City of iowa City Vl Date: May 15, 1997 To: City Council From: Robert Miklo, Senior Planner Re: Off Street Parking Requirements for Fraternity/Sororities Being Converted to Rooming Houses Given the recent Zoning Code Interpretation Panel (ZCIP) findings regarding the way in which parking requirements are calculated for rooming houses, the question was raised whether or not the amendment before the Council is necessary. The recent ZCIP opinion indicates that the parking requirements for rooming houses should be calculated based on the square footage that is used to determine the maximum number of roomers per property. This square footage is often less than the actual square footage of the building, so the parking requirement will generally be less than if the total square footage of the building is used to calculate the parking requirements. To determine whether or not this method of calculating parking requirements would allow most fraternities and sororities to be converted to rooming houses without providing additional parking, staff conducted a survey of a variety of sizes of fraternities and sororities on a variety of sizes of lots. The survey reveals that in most situations the conversion would be allowed because the parking requirements for rooming houses generally would be less than the parking required for fraternities or sororities, or the parking that is grandfathered for fraternities or sororities. There may be rare circumstances on a very large lot where a fraternity or sorority house would have to provide additional parking spaces if it is to be converted to a rooming house. This is because the density of rooming houses is based partially on lot size. In these situations the lots should be big enough to provide the additional parking spaces. Given this information it would appear that adoption of the ordinance before the Council is unnecessary. bc4-1RM.wp5 City of Iowa City EMORANDU Date: May 8, 1997 D~..v._elo~ To: City Council velop ' ' ~'M/~t~~ From: Karin Franklin, [~toOmrlcP~)envn~ogpamnedn?~l~nity_~D.~ David Schoon, ' ' ' at Re: Scott-Six Tax Increment Financing District Ordinance and Development Agreement On the Council's agenda are two items relating to the Scott-Six Industrial Park and the establishment of the tax increment financing (tif) district. The first item sets a public hearing for June 17 on a resolution approving the Development Agreement for the Scott- Six Tax Increment Financing District. The purpose of this agreement is to outline the complete partnership between the developer, AI and Mary Jo Streb, and the City in establishing the Scott-Six Industrial Park. A draft copy of the agreement is included in your packet. The developer and his attorney are in the process of reviewing this agreement. The most significant issue that still must be resolved prior to the close of the public hearing is the land price ceiling (Section 5 of the Agreement). The developer is in the process of calculating this figure and should have this figure to the City prior to the public hearing. The second item on your agenda is first consideration of the TIF District Ordinance. This ordinance is a technical step in this process. It establishes the mechanism which makes the incremental tax revenues available to the City. The Scott-Six Urban Renewal Plan and the Development Agreement for the Scott-Six TIF District outline how tax increment financing will be used and set forth the rationale and policies of the District. The attached time schedule outlines the final steps in establishing the mechanisms for using tax increment financing in the industrial park. The urban renewal plan, TIF district ordinance, and the development agreement are scheduled to be adopted at the June 17 meeting. CC: AI Streb Bob Downer John McKinney f:\indpark\cc0520.doc Time Schedule Scott-Six Industrial Park Urban Renewal Plan & Tax increment Financing Ordinance Meeting Date Tuesday May 20 Action City Council gives first consideration of TIF ordinance. City Council sets public hearing on resolution entering into a development agreement for the project. Tuesday June 3 · City Council gives second consideration of TIF ordinance. Tuesday June 17 · City Council adopts resolution approving urban renewal plan, · City Council passes and adopts TIF ordinance. City Council holds a public hearing on a resolution entering into a development agreement for the project. City Council approves resolution entering into a development agreement for the project. Wednesday · Publication of ordinance. June 25 To: From: Date: City of iowa City MEMORANDUIV/!. The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis J. Mitchell, Assistant City Attorney May 16, 1997 Re: Amendments to Non-Motorized Vehicles Ordinance Pursuant to my memorandum of May 16, 1997 and your discussion on May 19, 1997, the proposed Non-Motorized Vehicles ordinance has been amended as follows: 1. Section II, Paragraph A has been amended to read as follows: A. 1. No person shall travel upon or operate a non- motorized vehicle on any street within the central downtown business district or on any arterial street within the City. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Gilbert Street to the east, and Jefferson Street to the north. The following streets are hereby designated as arterial streets for the purposes of this Chapter: Name of Street Portion Designated An Arterial Street Mormon Trek Boulevard From Rohret Road From Melrose Avenue From Sunset Street From Benton Street From Grand Avenue From Madison Street From Rocky Shore Drive From Park Road From Riverside Drive From Dubuque Street From Prairie du Chien From Kimball Road From Church Street From Gilbert Street From Dodge Street From Governor Street From Market Street From Jefferson Street From Burlington Street From Bowery Street From Iowa Highway 1 to U.S. Highway 6 Mormon Trek Boulevard to the City limits S. Grand Avenue to the City limits Iowa Highway 1 to Melrose Avenue Mormon Trek Boulevard to N. Madison Street Riverside Drive to S. Grand Avenue Market Street to Burlington Street U.S. Highway 6 to Park Road Rocky Shore Drive to Dubuque Street Park Road to U.S. U.S. Interstate 80 U.S. Interstate 80 Dubuque Street to Highway 6 to Jefferson Street to Iowa Highway 1 Governor Street Dubuque Street to Governor Street Church Street to Kirkwood Avenue Iowa Highway 1 to Kirkwood Avenue Iowa Highway 1 to Bowery Street Madison Street to Muscatine Avenue Madison Street to Muscatine Avenue U.S. Highway 6 to Muscatine Avenue Gilbert Street to Summit Street 2 Iowa Avenue From Kirkwood Avenue From Keokuk Street From Lower Muscatine Road From Sycamore Street From Sheridan Avenue From Rochester Avenue From Seventh Avenue From Muscatine Avenue From First Avenue From Court Street From Scott Boulevard Iowa Highway 1 U.S. Highway 6 U.S. Highway 6 to Madison Street Gilbert Street to Lower Muscatine Road Kirkwood Avenue to U.S. Highway 6 Kirkwood Avenue to First Avenue Lower Muscatine Road to the City limits Summit Street to Seventh Avenue Market Street to the City Limits Rochester Avenue to Sheridan Avenue Rochester Avenue to the City limits Rochester Avenue to U.S. Highway 6 Muscatine Avenue to Scott Boulevard From Rochester Avenue to U.S. Highway 6 All portions within the City limits All portions within the City limits 2. All persons who travel upon or operate a non-motorized vehicle on any road, street, or alley shall: a. stay as far to the right of the road, street, or alley as possible, except when making a left-hand turn from a one-way street; b. operate the non-motorized vehicle with the flow of traffic; c. operate the non-motorized vehicle in a careful and prudent manner; and d. obey all traffic laws which are applicable to drivers of motor vehicles. 2. The definition of "central downtown business district" in Section II, Paragraph C and in Section V, Paragraph 1 has been amended by replacing Van Buren Street with Gilbert Street. 3. Section VII, Paragraph J, Subparagraph 1 has been amended to read as follows: No person shall travel upon or operate a bicycle or non-motorized vehicle within Chauncey Swan Park. CC: Eleanor Dilkes, City Attorney Stephen Arkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Joe Fowler, Parking & Transit Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Mike Moran, Parks & Recreation Jeff Davidson, Planning & Community Development John Yapp, Planning & Community Develo'pment Rick Fosse, Public Works Prepared by: Dennis Mitac ell, Asst. City Attorney, 410 E. Washington St., Iowa City, ORDINANCE NO. )~N ORDINANCE AMENDING TITLE 9, gH '~ T!~R 1, SECTIONS 1, 7, AND 8; TITI~/~9, CI~PTER 3, SECTION 9; TITLE 9, CFIAPT/ER 8, SECTION 1; TITLE 10, CHAPTER 5, SF_~TION 4; AN~D TITLE 10, CHAPTER 9, SECTI/ON 2 OF TI~ CITY CODE TO PROVIDE N~t~/REGU- LATIOI~S REGARDING NON-MOTOI IZEDVEHI- CLES AI~ BICYCLES. WHERE~ the operation of skates, in- line skates skateboards, co and other similer ,"d or coastin, including unic¥cles, hazardous the operators, pedestrians parking ramps, the central dow Plaza, and other WHEREAS, the roller blades, sk~ other such simi within the City devices in WHEREA~ bicycles on but shoul( in the motor in parking lots, alleys, sidewalks in business district, City : areas; and Code currently prohibits )oards, roller skates and ;wces on roadways and ~t does not prohibit such Ireas; and City currently prohibits in commercial districts amended ~nly prohibit bicycles downtown district. 52240;319-356-5030 NO' THEREFORE, BE IT BY THE OF THE IOWA CITY, I. Section 9-1-1 is amended deleting the definition of and a new definition of to read as follows: Non-motorized vehicles: ;r skates, in-line skates, skateboards, coasters other such similar wheeled or coasting evices, including unicycles, but excluding 'cles, wheelchairs, baby strollers, and baby ~ges. SECTION II. Section 9-1-7, entitled '~.oy Vehicles" is hereby repealed and a new SectiOn 9-1-7, entitled "Non-Motorized Vehicles" 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 ir RS-5 (low density residential) and RS-8 (mec um density residential) zones. Persons travel upon or operate non-motorized vehic n roads, streets, and alleys in RS-5 and must obey all traffic laws are a licable to drivers of motor vehicles. B. No person shall travel upon oper- ate non-motorized vehicle within a public ramp or parking lot excc where a permitted activity. Except in the central ~wntown business istrict, persons may upon or operate vehicles public side- walks but st yield the right-~ to pedes- rians and travel u operate said in a and prudent manner. D, No ate anc the central down1 central downtown bounded by and incl west, Burlington St~ Street to the east north. SECTION III. S~ to read as foll~ upon or oper- on a sidewalk in usiness district. The ~ess district is the area ing Capitol Street to the to the south, Van Buren Jefferson Street to the -8 is hereby amended No p travel g upon or operating any bicycl~ ,,~ or non-motorized vehicle sh,/. cling to or arttach to any other vehicle ~i the vehicle ismmoving upon any roadwa, 'or bikeway. SEC' I IV. Section 9-3-9V entitled "Play Strel is hereby repealed. ~The remaining secti of Title 9, Chapter 3 9~qall be renum- ber~ accordingly. V. Section 9-8-1E(~ is hereby a ~ended to read as follows: 1. No person shall ride a bic'y, cle upon a ;walk in the central downtown'., business ict. The central downtown bus.ness 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 Ordinance No. Page 3 Non-Motorized Vehicle Restrictions" is hereby added, to read as follows: Bicycle and Non-lVlotodzed Vehicle Restrictions: A. Bicycles: No person shall ride/ bicycle within the City Plaza; no bicycles sh/a[I left unattended within City Plaza un/I,6ss ated in a bicycle rack; no bicycle s~ill be d or affixed to any post or structL)r'e other bicycle rack. / B. Non-Motorized Vehicles/No person shall t~avel upon or operate a n/On-motorized vehicleSwithin the City Plaza. -- SECTION VII. Section 10-9-2 ~titled "Prohib- ited ns in Parks an( rounds" is hereby ~ded by addinc. following provi- sion: J. n-IVlotori~ person shall motorized 2. Pers0~s non-motorized except where pl the extent the Vehicles: 1. No or operate a non- Chauncey Swan Park. travel upon or operate in all other city parks ;d as prohibited, and only to vehicles are used in a safe man~ property. SECTION parts of sions of provis so\~s not to injure persons or REPEALER. All ordinances and in'~,conflict with the provi- ,is Ordinances,are hereby repealed. IX. SEVERAI~!LITY. If any section, or part of the Ordinance shall be adjul ed to be invalid or Uoconstitutional, such adjt shall not affect the validity of the Or as a whole or any, section, provision o )art thereof not adjudged iovalid or unconsti- )nal. X. EFFECTIVE DATE. This Ordi- nance shall be in effect after it~ final passage, approval and publication, as prov, ided by law. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK City Attorney's Office Prepared by Eleanor Dilkes, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3785 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 substan- tially equivalent to the Fair Housing Amend- ments Act of 1989 ("FHAA"); and WHEREAS, in order to obtain funding from HUD designated to facilitate investigation of housing discrimination claims, and to investi- gate 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 equivalent to the FHAA; WHEREAS, HUD has informed the City of Iowa City that certain amendments must be made to the ICHRO before a certificate of sub- stantial 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 here- in will make the ordinance substantially equiva- lent to the Fair Housing Amendments 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 sub- section (C) of the definition of "Familial Sta- tus" in Section 2-1-1 and substituting the fol- lowing 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 per- son who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. Ordinance No. Page 2 97-3785 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 encour- aged any other person in the exercise or enjoy- ment 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 Commission within 180 days after the alleged discrimi- natory 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 substitut- ing in lieu thereof, the following: A. After the filing of a verified com- plaint, 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 respondent or person charged with the commission of a discriminatory housing practice advising them of his or her proce- dural rights and obligations under Ordinance No. 97-3785 Page 3 the law or ordinance together with a copy of the complaint. f. Amending Section 2-4-2 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 com- plaint. 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. In connection with housing discrim- ination complaints under Chapter 5 of this Title, the Commission shall make final administrative disposi- tion of a complaint within one year of the date of receipt of a com- plaint, unless it is impracticable to do so. If the Commission is unable to do so, it shall notify the com- plainant 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 discrim- ination complaints under Chapter 5 of this Title, the Commission may, to vindicate the public interest, assess a civil penalty against the respondent 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 2-4-10 to read as follows: Section 2-4-10: CIVIL ACTION ELECT- ED-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 assert- ed 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 admin- istrative 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 deter- mination. In the event the Commission makes such election, it must be made not later than Ordinance No. 97-3785 Page 4 twenty (20) days after the date the determina- tion 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, whichever occurs last, to obtain ap- propriate relief with respect to the discr. iminato- ry housing or real estate practice or breach of a conciliation agreement. 1. The two (2) year period does not in- clude 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 discrimi- natory 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 con- ciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with re- spect 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: Section 2-4-11: CIVIL PROCEEDINGS- HOUSING: A.1. If timely election is made under Sec- tion 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 Ordinance No. 97-3785 Page 5 Attorney, or its designated agent, shall com- mence and maintain such action. 2. An aggrieved person may intervene in the action. 3. If the district court finds that a discrimi- natory housing or real estate practice has oc- curred 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 ag- grieved 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 substan- tially 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 pur- chaser, 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 sub- ject to a licensing or regulation by a govern- mental 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 agen- cy 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 dis- criminatory 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 enjoin- ing 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 grant- ing of the relief and involved a bona fide pur- chaser, encumbrancer, or tenant who did not Ordinance No. 97-3785 Page 6 have actual notice of the filing of a complaint under this Title or a civil action under this sec- tion. F. The city attorney, on behalf of the Commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in district court. G. A court in a civil action brought under this section, or the Commission in an administrative hearing under section 2-5-4(G), may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party. SECTION IV. AMENDMENT. Chapter 5 of Title 2 of the City Code is hereby amended by: a. Amending Section 2-5-1 by adding a new subsection "F" to read as follows: F. For purposes of this title, "ag- grieved person" includes any person who: 1) claims to have been injured by a discrimina- tory housing practice; or 2) believes that such person will be injured by a discriminatory hous- ing 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, "dwel- ling" 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, "cov- ered multifamily dwelling" means any of the following: a. A building consisting of four or more dwelling units if the building has one or more elevators. b. The ground floor units of a building consisting of four or more units. 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 im- pose based on religion, when these qualifica- tions are related to a bona fide religious pur- pose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on ac- Ordinance No. Page 7 97-3785 count 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 organi- zation 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 pur- pose to persons of the same religion or from giving preference to such persons, unless mem- bership 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 ab- sence 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 con- taining living quarters occupied or intended to be occupied by no more than four families living inde- pendently 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 follow- ing: G. Nothing in this Title limits the appli- cability of the City's restrictions regarding the maximum number of oooupants 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 per- sons" means housing: 1. Provided under any State or Federal program that is specifically designed and oper- ated to assist elderly persons (as defined in the State or Federal program and as determined by Ordinance No. 97-3785 Page 8 the Secretary of Housing and Urban Develop- ment); or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupan- cy by at least one person 55 years of age or older per unit. In determining whether housing quali- fies 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 crite- ria 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 adher- ence to, policies and procedures which demon- strate an intent by the owner or manager to provide housing for persons 55 years of age or older. However, such housing may not other- wise 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 follow- ing are exempted from the provi- sions of this Title, except that paragraph C of Section 2-5-1 of this Title prohibiting discrimination in advertising shall apply with re- gard 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 there- of the following: D. If the Commission concludes, fol- lowing the filing of a complaint, that prompt judicial action is necessary to carry out the purpose of this Title relating to unfair or dis- criminatory housing or real estate practices, the Commission may authorize a civil action for appropriate temporary or preliminary relief Ordinance No. 97-3785 Page 9 pending final disposition of the complaint and the City Attorney and/or a designated agent shall promptly commence and maintain such proceedings. m. Deleting Seotion 2-5-5. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of May ,1997. MAYORI . L/ L ~ CLERK City Attorney's Office eleanor\hrc.ord Ordinance No. 97-3785 Page 10 It was moved by Kubby and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman x Norton X Novick X Thomberry 'X Vanderhoef Lehman that the First Consideration 4/22/97 Vote f or passage: AYES: Thornberry, Vanderhoef, Baker, Kubb~v, Lehman, Norton, Novick. NAYS: None. ABSENT: None. Second Consideration 5/6/97 Vote for passage: AYES: Kubby,Lehman, Vanderhoef, Baker. NAYS: None. ABSENT: Date published 5/28/97 Norton, Novick, Thornberry