HomeMy WebLinkAbout2003-12-16 Ordinance Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 113 OF AN ACRE
FROM PLANNED HIGH DENSITY RESIDENTIAL (PRM) TO SENSITIVE AREAS OVERLAY PLANNED
HIGH DENSITY MULTI-FAMILY RESIDENTIAL (OSA-PRM), FOR PROPERTY LOCATED AT 512 S.
DUBUQUE STREET.
WHEREAS, the applicant, University View Partners, has requested that said property be rezoned from
Planned High Density Residential (PRM) to Sensitive Areas Oveday Planned High Density Multi-Family
Residential (OSA-PRM); and
WHEREAS, the applicant has also requested approval of a Sensitive Areas Development Plan to
allow construction within the previously altered protected slope located on the property; and
WHEREAS, the applicant has submitted a report prepared by Terracon, a professional engineering
firm, that demonstrates that development activity will not undermine the stability of the slope; and
WHEREAS, the City Engineer and the Planning and Zoning Commission have reviewed the Sensitive
Areas Development Plan and the associated engineering report; and
WHEREAS, the Planning and Zoning Commission has determined that the proposed development
activity is consistent with the Sensitive Areas Ordinance; and
WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning
and Sensitive Areas Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY,
IOWA:
SECTION I. APPROVAl. The property 'described below is hereby reclassified from its present
classification of PRM, Planned High Density Residential to Sensitive Areas Oveday Planned High Density
Multi-Family Residential (OSA-PRM) and the associated Sensitive Areas Development Plan is hereby
approved.
Lot 7 and the South 10 feet of Lot 8, in Block 9, in that part of Iowa City, Iowa, laid off as the County Seat
of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of
Johnson County, Iowa.
SECTION II. ZONING MAp. The Building Inspector 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 ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDIN~ Upon passage and approval of the ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, along
with approved Sensitive Areas Development Plan, at the office of the County Recorder of Johnson County,
Iowa, all as provided by law.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V SEVERARILITY. 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 VI. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20__
MAYOR
ATTEST:
CITY CLERK
City Attomey's ~ffice
Ppdadrnin~ord~ 12sdubuque2.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration ] ? / 1 ~/i3.3
Vote for passage: AYES : Lehman, 0'Donne11, Pfab, Vanden-hoer, Nilburn, Champion.
NAYS: Kannet'. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Jessica Hlubek, Planning Intem, City of Iowa City, 410 E. Washington Street, Iowa City; IA 52240; 319-356-5231
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF KIRk'WOOD
AVENUE AND WEST OF DIANA STREET,
WHEREAS, the applicant, Michael Lensing, has requested that the City vacate the unbuilt portion of an alley
right-of-way located south of Kirkwood Avenue and west of Diana Street; and
WHEREAS, the said right-of-way is not used by abutting properties for vehicular or pedestrian access; and
WHEREAS, the City has no plans to develop the right-of-way for street access; and
WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, or portions thereof, that will
not be used for public access; and
WHEREAS, the Planning and Zoning Commission recommended vacation of this right-of-way subject to the
retention of any necessary utility easements, the conveyance of the right-of-way being approved concurrently with the
approval of the ordinance vacating the alley, and the inclusion of a curb along the east-west graveled alley to prevent
vehicular access from commercial property to Diana Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION: Subject to the retention of any necessary utility easements, the conveyance of the
right-of-way being approved concurrently with approval of the ordinance vacating the alley, and the inclusion of a curb
along the east-west graveled alley to prevent vehicular access from commercial property to Diana Street, the City of
Iowa City hereby vacates the right-of-way legally described as follows:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TM PRINCIPAL MERIDIAN, CITY
OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WESTERLY ALONG THE CENTERLINE OF KIRK~NOOD
AVENUE 460'; THENCE SOUTHERLY 35' TO THE NORTHWEST CORNER OF LOT 3, BLOCK 6 OF LUCAS
ADDITION; THENCE SOUTHERLY 150' TO THE SOUTHWEST CORNER .OF SAID LOT 3, WHICH IS THE
POINT OF BEGINNING; THENCE SOUTHERLY 284' ALONG WESTERN BOUNDARY OF ORIGINAL PLATTED
ALLEY; THENCE EASTERLY 20' TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 6 OF LUCAS ADDITION;
THENCE NORTHERLY 264' ALONG EASTERN BOUNDARY OF SAID ALLEY TO THE NORTHWEST CORNER
OF LOT 4, BLOCK 6 OF LUCAS ADDITION; THENCE EASTERLY 50' ALONG THE NORTHERN BOUNDARY OF
SAID LOT 4; THENCE NORTHERLY 20' TO THE SOUTHEAST CORNER OF LOT 3; BLOCK 6 OF LUCAS
ADDITION; THENCE WESTERLY 70' TO THE POINT OF BEGINNING.
SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance
are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudicated invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,2003.
YOR
AT'rEST:
ciTY CLERK
Ppdadmin~ord\vacatekirkwood-diana.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 11 / 25 / 03
Vote for passage: AYES: Champion, Kanner, Lehman, O'Donnel'l, Vandet'hoef, Wilburn.
NAYS: None. ABSENT: Pfab.
Second Consideration 12/1(;/03
Vote for passage: AYES:Lehman, O'Donne~], Pfab, Vandet-hoef, ~H3but'n, Champion,
Kannet% NAYS: None. ABSENT: None.
Date published
REVISED
Prepared by: Bdan Boelk, Public Works, 410 E. Washing~n Street, Iowa City, IA 52240; 319-356-5141
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND
CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE
AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
WHEREAS, the City of iowa City, since its incorporation, has constructed a stormwater infrastructure
with point source and non-point source discharges into the Iowa River and the six major creeks; and
WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly from
properties within the City to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for
stormwater and ground water discharges; and
WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now required to have a national pollutant discharge elimination system (NPDES)
permit to operate and maintain its stormwater infrastructure and to otherwise protect the waters of the Iowa
River and the six major creeks; and
WHEREAS, the City has identified an ongoing need to fund water quality improvements in streams,
creeks, and ditches within the city as well as the need to fund improvements for maintaining and improving
water quality and to mitigate and prevent flooding from stormwater runoff into City-owned storm sewers; and
WHEREAS, current and pending Federal and State regulations require the City to take additional
affirmative steps in such areas as public education, public improvements, detection of illicit discharge in
stormwater systems, construction of site runoff control, stormwater management, and pollution prevention
programs to address water quality issues and flood control, which additional activities will create additional
funding 0obligations for such mandated services; and
WHEREAS, pursuant to Chapter 388, Code of iowa (2001), the City is authorized to establish City utilities
including a stormwater drainage system utility; and
WHEREAS, the City now desires through this ordinance to create a stormwater drainage system utility
and establish authority to implement and enforce user fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~;F:(';TI(3N I AMF:NDMr:NT. Title 3, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties" is hereby amended by:
a. Renumbering Section 3-4-8 to Section 3-4-9.
b. Renumbering Section 3-4-7 to Section 3-4-8.
c. Renumbering Section 3-4-6 to Section 3-4-7.
d. Adding a new Section 3-4-6 as follows:
3-4-6: STORM WATER UTILITY FEE
Description of Fees, Charge, Bond Fine or Penalty:
Storrnwater Utility Fee. Users include all users owning or occupying developed property in the city
of Iowa City.
Amount of Fee, Charge, Bond, Fine, or Penalty:
One Equivalent Residential Unit (ERU) = $2.00
.~FC. TION II. AMENDMFNT. Title 14, Chapter 3, Article A, entitled "General Provisions" of the City Code
is hereby amended by:
a. Repealing the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and
substituting the following in lieu thereof:
City. UtilitiP. s (';.iN. I. Jtilily..'A~.rvic~s: The providing of water, wastewater, stormwater drainage, and/or
solid waste services to persons who are obligated to pay for said services.
Ordinance No.
Page 2
b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows:
~: Stormwater, ground water, and spent water discharged to the City's
stormwater infrastructure.
c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof:
2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for
the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and
improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and
revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the
costs of operation and maintenance, necessary expansion and debt service, and that the system continues
to provide for the uniform distribution of operation and maintenance among all users. The City will annual
notify all users, in conjunction with a regular bill, of the wastewater treatment charges and that portion of the
user's bill attributable to wastewater treatment services. Such rates and charges shall be in the amounts set
forth in the schedule of fees, Title 3, Chapter 4 of this Code.
~ That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of
Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and
Stormwater Utility Fee":
14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE
A..~ It is determined and declared to be necessary and to lead or contribute to a result conducive to
the protection of the public health, safety, welfare, and compliance with federal regulation, that a
stormwater management utility district be established within the city. It is further determined and
declared to be necessary and conducive to the protection of the public health, welfare; and safety of the
city and its residents that charges be levied upon and collected from the owners or occupants of all
developed lots, parcels or real estate, and buildings that discharge stormwater or surface or subsurface
waters, directly or indirectly, to the city stormwater drainage system, and that the proceeds of such
charges se derived be used for the purposes of management of storm water runoff quantity and quality,
construction, operation, maintenance, repair, replacement and debt service for construction of the
stormwater dreinage, flood protection and stormwater quality improvements comprising the stormwater
utility.
B. 13~.finiti~n~. As used in this Section, the following definitions shall apply:
City: City of Iowa City
Developed Property: Property upon which a structure or impervious surface has been placed or
constructed, thus increasing the amount of rainwater or surface water runoff.
Director: The Public Works Director or designee.
Drainage Course: A shallow narrow grassed or paved ovedand route, either natural or constructed,
over which water passes.
Dwelling Unit: A singular unit or apartment providing complete, independent living facilities for one or
more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Equivalent Residential Unit (ERU): The average impervious area of a single family residential property
located within the city as periodically determined and established as provided in this Section.
ERU Rate: The dollar value periodically determined and assigned to each ERU as a charge for
stormwater management services, and expressed as SX.XX per ERU.
Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped
properties.
Ground Water: Water beneath the surface of the earth which is not bound to soil particles.
Impervious ~N'ea: The number of square feet of hard-surfaced areas which either prevent or resist the
entry of water into soil mantle, as it entered under natural conditions as undeveloped property, and/or
cause water to run off the surface in greater quantities or at an increased rate of flow from that present
under natural conditions as undeveloped property, including but not limited to roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as
gravel which are used as driveways or parking lots.
Multi-family Residential Property: Residential structures designed with two or more dwelling units to
accommodate two or more families or groups of individuals living separately and not sharing the same
living space.
Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water
course.
Non-residential Property: Any developed lot not exclusively residential, including but not limited to,
transient rentals, commercial, institutional, churches, hospitals, governmental properties and parking lots,
Ordinance No.
Page 3
and multi-use properties incorporating residential uses.
Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct,
channel or pumping facility.
Single-Family Residential Property: A detached residential structure designed as a single dwelling unit
to accommodate one family or group of individuals living together and sharing the same living space, but
excluding multi-use properties which include single-family residential uses.
Stormwater Drainage System District: The area served bythe stormwater utility.
Storrnwater Infrastructure: The entire constructed and natural stormwater and ground water drainage
system within the City limits of Iowa City.
Stormwater Management: The tasks required to control stormwater runoff to protect the health, safety,
and welfare of the public, and comply with state and federal regulations. It includes but is not limited to
street sweeping, erosion control, stormwater basin improvements and maintenance, culvert and storm
sewer maintenance, stormwater management planning and related public education.
Stormwater Utility: The utility established under this Section for the purpose of managing stormwater
and imposing charges for the recovery of costs connected with such stormwater management.
Sun'ace Water: Stormwater, ground water, and spent water received by the earth's surface.
Undeveloped Property: A parcel that has no impervious area.
User: The owner and/or occupant of any developed property within the limits of Iowa City.
Water Course: A natural overland route through which water passes, including drainage courses,
streams, creeks, and rivers.
C. ~. The entire City is hereby organized into one stormwater utility district.
D. Power.~ ~n,fl 13~ti~.~ The City shall have the following powers, duties, and responsibilities with respect to
the Stormwater Utility:
1. Prepare ordinances as needed to implement this division and forward the ordinances to the City
Council for consideration and adoption, and adopt such regulations and procedures as are required
to implement this division and carry out its duties and responsibilities.
2. Administer the design, construction, maintenance and operation of the utility system, including capital
improvements designated in the comprehensive drainage plan.
3. Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair,
conduct, manage, and finance such facilities, operations, and activities, as are deemed by the City to
be proper and reasonably necessary for a system of storm and surface water management. These
facilities may include, but are not limited to, surface and underground drainage facilities, storm
sewers, watercourses, ponds, ditches, and such other facilities relating to collection, runoff, and
retention as will support a stormwater management system, whether such facilities are owned and
operated directly by the City or are provided under statutory or contractual provisions and fumishings
of which facilities create or impose a cost or charge upon the City for the service afforded by such
facilities.
4. The City shall separately account for the stormwater utility finances. The stormwater utility shall
prepare an annual budget, which is to include all operation and maintenance costs, costs of
borrowing, and other costs related to the operation of the stormwater utility. The budget is subject to
approval by the City Council. Any excess of revenues over expenditures in a year shall be retained
in a segregated fund, which shall be used for stormwater utility expenses in subsequent years.
Stormwater utility fees collected shall be deposited in the stormwater enterprise fund and shall be
used for no ether purpose.
E. Est~hli.~hment of FqtJivRlent RP..~id~.ntiRI Unit (ER[J) mt~. ~nd storrnw~tP.r utility, ch~r_~e
1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area.
2. Except as provided in this article, every user owning or occupying property that is not exempt
property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article.
In the event the owner and the occupant of a particular property are not the same the liability for payment
of the stormwater management charge attributable to that property shall be joint and several as to the
owner and occupant.
3. The ERU rate to be applied to properties shall be as defined in §3-4-6 of the City Code.
4. The monies derived from the stormwater utility charge shall be used solely for the operation and
maintenance of the City wide stormwater infrastructure and related water quality programs.
F. Determinntlon of.~tnrmwatP, r Htilih/. ch~rgR
Ordinance No.
Page 4
1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate
per month. As to these properties, the stormwater utility charge shall commence upon the eadier of the
following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been issued
for the residence.
2. For multi-family residential properties the stormwater utility charge shall be 50% of the ERU rate
multiplied by the number of individual dwelling units existing on the property. As to these properties, the
stormwater utility charge shall commence upon the eadier of the following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has net been issued
for the residence.
3. For non-residential property, the starmwater utility charge shall be 50% of the ERU rate multiplied
by the numerical factor obtained by dividing the total impervious area of the particular property by the
number of square feet in one ERU. The minimum charge shall be equal to 100% of the ERU rate. As
to these properties, the stormwater utility charge shall commence upon the earlier of the following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
C. g0 days after construction is completed, even if a certificate of occupancy has not been
issued for the residence.
G. AppP. nl.~
1. An owner or occupant of a multi-family residential property aggrieved by the initial or any subsequent
calculation of the number of dwelling units upon or in such property, calculation of the stormwater utility
charge, or allocation of such charge among occupants, may appeal such calculations and allocation to
the director. Upon such appeal, the stormwater utility charge for such property may be recalculated
utilizing information supplied by the appealing owner or occupant, provided such information is verified as
correct by the director.
2. An owner or occupant of non-residential property aggrieved by the initial or any subsequent
determination of the total impervious area of such property, calculation of the stormwater utility charge for
such property, or allocation of such charge among occupants, may appeal such calculations and
allocation to the director. Upon such appeal, the stormwater utility charge for such property may be
recalculated utilizing information supplied by the appealing owner or occupant, provided such information
is verified as correct by the director.
3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the
date the appeal was filed.
4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a
statement of the number of dwelling units, total property area, and/or total impervious area, as
appropriate for the particular grounds for appeal. Such information may be shown on the stormwater
utility reporting forms or on appeal forms, and may be accompanied by plats, County Assessor's
records, or survey data. The director may request additional information from the appealing party.
Based upon the information provided by the utility and appealing party, the director shall make a
final calculation of the stormwater utility charge. The director shall notify the parties, in writing, of the
director's decision within 90 days after receipt of the appeal. If still aggrieved, a party may request, in
writing, a review by the City Manager of the director's decision. Such request must be filed with the
City Manager within 30 days after the director's decision, shall cite the specific error by the director,
and shall include the calculation of stormwater utility charge which the appealing party believes to be
correct. The City Manager shall review the record presented and render a written decision within 30
days after receipt of the request for review. The City Manager may request additional information
from the director or the appealing party. If still aggrieved, a party may request review of the City
Manager's decision by the City Council in the same manner as above, provided for review by the
City Manager. The filing of an appeal shall not excuse the payment of the stormwater utility charge
when due. However, the City shall refund any portion of the charge paid subsequent to the filing of
the appeal which is adjudged to be excessive, with interest at the rate provided by law.
H. Billing prec~dHre.~, delinqu~.nt account~ and c~lh~nfinn procedHrR~.
1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater
Ordinance No.
Page 5
utility district.
2. Collection and delinquent account procedures shall be as in §14-3A-6 of the City Code.
SECTION IV REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERAF~ILITY. If any section, provision or pad 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 par[ thereof not adjudged invalid or unconstitutional.
SECTION VI. E:FFE(':.TIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this__ day of ,20.__
MAYOR
ATTEST:
CITY CLERK
pweng/ord/stormwaterl 1-03.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 12/16/03
Voteforpassage: AYES: W'ilbut'n, Champ'ion, Kannet-, Lehman, Vandet'hoef. NAY$:0!Dortne~
Pfab. ABSENT: None.
Second Consideration
Vote for passage:
Date published
IOWA
AREAcITY
325 East Washington Street ~ -CHAMBER OF
COMMERCE
P O. Box 2358 chambe~iowaci~'area.cora
Iowa Ci~ IA 52244-2358 Servi~ the communities of Johnson Coun~ www. iowaci~area, com
Iowa City's Proposed Sto~ Water Utility Fee
De~ Mayor, Council ~d City Staff:
It has come to the attention of the Iowa City ~ea Chamber of Commerce that you will be discussing and
conducting the first reading of an ordinance to implement a user fee for regulatin~co6ecting sto~ water
~n-off. This letter is offered with the intent to open discussion and support fuaher investigation into
bal~cing the needs of the City with fair ~d equitable fees. We are not opposing a fee, nor are we
suggesting a flat fee similar to what Coralville and No~h Libeoy passed. We are merely asking you to
consider the following concerns and work with our business community to come up with a fee based on
actual ~n-off, existing private sto~ water control facilities, and pollutant risks associated with
residentiaUcommercial ~n-off. Please consider the following:
1. The Chamber would appreciate clarification on which potions of the proposed fees will be
applied to new pro~s mandated by the NPDES pe~it process. Of the proposed $915,000
budget, are there costs that are cu6ently budgeted (such as leaf & yard waste removal, street
clewing, ce~ain capital improvements, etc.) that will be transferred to this line item from the
general fund?
2. If there is not going to be a flat fee, we believe the fo~ula should be based on a more
comprehensive calculation of runoff than just imperious area. Additionally, we presume many of
the costs associated with this fee (such as administrative, public education, detection of illicit
disch~ges, etc.), ~e independent of the volume of runoff from a site. We suggest consideration
be given to applying those fixed costs on a flat per parcel basis independent of imperious area.
3. If there is not going to be a flat fee, we believe the fo~ula should address the potential for a
parcel to introduce pollutants to receiving waters. All impeccable surface ~n-off does not pose
the same environmental risk. For example, ~vater that is collected on a commercial building's roof
and discharged to a detention pond does not ca~y the same pollutant load as water that ~ns across
an oily parking lot or a recently fe~ilized residential lawn.
4. If there is not going to be a flat fee, we believe the fo~ula should provide consideration for or
credit to businesses that have implemented sto~ water control measures and o~her best
management practices.
In sugary, we would like to be ~ active p~icipant in developing a fair ~d equitable distribution of
the costs associated with a Sto~ Water Utility. Our intent is to maintain a positive business climate in
Iowa City and not to place ~ undue burden on commercial/industrial business. Please consider
postponing your action on this ordinance for further discussion.
Patrick Gu~d, President
Rebecca Neades, Vice President
Iowa City Area Chamber of Commerce
Mission: to support and promote a vibrant economy by providing opportunities, leadership and services to our membership and contributing to the quality of Fife in our a~ea.
City of Iowa City
MEMORANDUM
TO: Rick Fosse
FROM: Brian Boelk
DATE: December 5, 2003
RE: Stormwater Utility
On Thursday, December 04, 2003, the Economic Development Committee passed a
motion to recommend leaving the proposed Equivalent Residential Unit (ERU) rate for
residential properties at $2.00 per ERU, and reducing the proposed ERU rate for non-
residential properties to $1.00 per ERU. These rates were proposed in attempts to
remain competitive with surrounding communities, provide a fair distribution of the costs
among all customers, and collect the necessary revenue to support the stormwater
management program and meet new federal mandates imposed earlier this year.
Outlined below are the two primary reasons to apply a different ERU rate to non-
residential customers.
· Property tax rollbacks have resulted in a heavier tax burden for commercial and
industrial properties. Commercial and industrial properties are taxed at or near their
full value, while residential property has had a significant decrease in its' taxable
value and is currently taxed at 51% of assessed value. This rate is proposed to
decrease to 48% in 2005.
· Most industrial properties currently must apply for and obtain individual stormwater
permits due to the NPDES Phase I Storm Water Program. Included in these
regulations is the need for several preventive measures, all of which have costs
associated with them and provide stormwater quality benefits.
The result of the proposed rates described above would collect an estimated annual
revenue of $739,000 to be used for programs and projects related to stormwater quality
and quantity. When compared to the originally proposed rates, this is adequate
revenue to fund our stormwater program, but reduces the amount available for capital
projects.
Cc: Ron Knoche
Prepared by: Rick Fosse, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5141
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND
CHARGES FOR CITY AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 3, UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE
AND RUNOFF," TO A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
WHEREAS, the City of City, since its incorporation, has constructed a stormwater infrastructure
with and
WHEREAS, the City infrastructure carries stormwater from
properties within the City to and
WHEREAS, the Iowa Rivel creeks, and the City's stormwater e are available for
stormwater and greunC and
WHEREAS, the City incurs to monitor, maintain, replace, its stormwater
infrastructure; and
WHEREAS, the City' have a national ystem (NPDES)
permit to operate and maintain its protect the waters of the Iowa
River and the six major creeks; and
WHEREAS, the City has identified an need to water quality improvements in streams,
creeks, and ditches within the city as well ~e need to for maintaining and improving
water quality and to mitigate and prevent runoff into City-owned storm sewers; and
WHEREAS, current and pending regulations require the City to take additional
affirmative steps in such areas as public public improvements, detection of illicit discharge in
stormwater systems, construction of site stormwater management, and pollution prevention
programs to address water quality issues control, which additional activities will create additional
lundin
WHEREAS, pursuant to Chapter (2001), the City is authorized to establish City utilities
including utility; and
WHEREAS, the Cil this 3ance to create a stormwater drainage system utility
and establish authority to enforce user fl
NOW, THEREFORE IT ORDAINED BY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Title 3, Chapter 4, en "Schedule of Fees, Rates, Charges, Bonds,
amended by:
a. Renul Section 3-4-8 to Section 3-4-9.
b. Section 3-4-7 to Section 3-4-8.
c. Renumbering Section 3-4-6 to Section 3-4-7.
d. Adding a new Section 3-4-6 as follows:
3-4-6: STORM WATER UTILITY FEE
Description of Fees, Charge, Bond Fine or Penalty:
Stormwater Utility Fee. Users include all users owning or occupying developed property in the city
of Iowa City.
Amount of Fee, Charge, Bond, Fine, or Penalty:
One Equivalent Residential Unit (ERU) = $2.00
SECTION II. AMENDMENT. Title 14, Chapter 3, Article A, entitled "General Provisions" of the City Code
is hereby amended by:
a. Repealing the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and
substituting the following in lieu thereof:
City. Utilities. City Utility. Services: The providing of water, wastewater, stormwater drainage, and/or
solid waste services to persons who are obligated to pay for said services.
Ordinance No.
Page 2
b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows:
~: Stormwater, ground water, and spent water discharged to the City's
stormwater infrastructure.
c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof:
2. A~I contributors or users owning or occupying property in the city of Iowa City shall be charged for
the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and
improvements to the City's stor,rnwater infrastructure utility. The City shall review the user charge system and
revise user charge rates to ensure that the system generates adequate revenues to pay the
costs of operation and necessary expansion and debt service, and that the system continues
to provide for the uniform of operation and maintenance among all users. The City will annual
notify all users, in conj Jlar bill, of the wastewater treatment charges and that portion of the
user's bill attributable to wastewaters. Such rates and charges shall be in the amounts set
forth in the schedule of fee,, · 4 of this Code.
~ That Title 14, Cha , Utilities, Article G of the Code of Ordinances [y of
Iowa City, Iowa is hereby amended b, Section 14-3G-10 Utility and
Stormwater Utility Fee":
14-3G-10 STORMWATER UTILIT~
A. Purpose. It is determined and declared to and to lead or contribute
the protection of the public health, safety, and compliance with regulation, that a
stormwater management utility district be ished within the city. It determined and
declared to be necessary and conducive to the public and safety of the
city and its residents that charges be levied from or occupants of all
developed lots, parcels or real estate, and buildings
waters, directly or indirectly, to the city stormwater ~inage and that the proceeds of such
charges so derived be used for the purposes water runoff quantity and quality,
cons[ruction, operation, maintenance, repair, service for construction of the
stormwater drainage, flood protection and stormwater qu nprovements comprising the stormwater
utility.
B. ~. As used in this Section, the following defin
City: City of Iowa City
Developed Property: Property upon which a surface has been placed or
constructed, thus increasing the amount ~ runoff.
Director: The Public Works
Drainage Course: A shallow narrow or paved route, either natural or constructed,
over which water passes.
Dwelling Unit: A singular unit or ~ providing complete , facilities for one or
more persons including permanent g, sleeping, cooking and sanitation.
Equivalent Reeidenfial Unit : The average ' of a single family residential property
located within th~ , determined and established as s Section.
ERU Rate; The dollar y determined and assig~ to each ERU as a charge for
and expressed as SX.XX per ER .
Exempt Property: P , alleys and sidewalks; of Iowa propedies; all undeveloped
properties.
Ground Water: . the surface of the earth which is notto soil particles.
Impervious,/~'ea: The number of square feet of hard-surfaced which either prevent or resist the
entry of wa~ter into soil mantle, as it entered under natural condition property, and/or
cause water to run off the surface in greater quantities or at present
under natural conditions as undeveloped property, including but not limited to roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as
gravel which are used as driveways or parking lots.
Multi-family Residential Property: Residential structures designed with two or more dwelling units to
accommodate two or moro families or groups of individuals living separately and not sharing the same
living space.
Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water
course.
Non-residential Property: Any developed lot not exclusively residential, including but not limited to,
transient rontals, commemial, institutional, churches, hospitals, governmental properties and parking lots,
Ordinance No.
Page 3
and multi-use properties incorporating residential uses.
Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct,
channel or pumping facility.
Single-Family Residential Property: A detached residential structure designed as a single dwelling unit
to accommodate one family or group of individuals living together and sharing the same living space, but
excluding multi-use properties which include single-family residential uses.
Stormwater Drainage System District: The area served by the stormwater utility.
Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage
system within the. City limits of Iowa City.
The tasks required to control stormwater runoff to protect the health, safety,
and welfare and comply with state and federal regulations. It includes but is not limited to
street sweeping, stormwater basin improvements and maintenance, culvert and storm
sewer maintenance planning and related public ed~
Stormwater Utility: The Section for the stormwater
and ' t of costs connected with
Surface Water: ;pent water received by =ace.
Undeveloped Property: impervious area.
User: The owner and/or f developed property within I limits of Iowa City.
Water Course: A natural overland which water including drainage courses,
streams, creeks, and rivers.
C. ~. The entire City is hereby organized t district.
D. Powers ~nd Duties. The City shall have the powers,, pect to
the Stormwater Utility:
1. Prepare ordinances as needed to and forward the ordinances to the City
Council for consideration and adoption, and procedures as are required
to implement this division and carry out its duties s.
2. Administer the design, construction, maintenance of the utility system, including capital
improvements designated in the com ~lan.
3. Acquire, construct, lease, own, operate, expand, replace, clean, dredge, repair,
conduct, manage, and finance such f activities, as are deemed by the City to
be proper and reasonably necessary for surface water management. These
facilities may include, but are not lim to, surface and drainage facilities, storm
sewers, watercourses, ponds, such other ~ relating to collection, runoff, and
retention as will support a management system, acilities are owned and
operated directly by the Ci~ ~urnishings
of which facilities create or im or charge upon the Cil service afforded by such
facilities.
4. The City shall the stormwater utility The stormwater utility shall
prepare an annual bud! which is to include all operation and costs, costs of
borrowing, and other < operation of th~ The budget is subject to
approval by the City ( Any excess of revenues in a year shall be retained
in a segregated ful shall be used for stormwater utilit, in subsequent years.
Stormwater utilit collected shall be deposited in the stormwater enterprise fund and shall be
used for no
E.
1. For purpo arficle, an ERU shall be equivalent to 3,129 square feet of impervious area.
2. Except provided in this article, every user owning or occupying property that is not exempt
property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article.
In the event the owner and the occupant of a particular property are not the same the liability for payment
of the stormwater management charge attributable to that property shall be joint and several as to the
owner and occupant.
3. The ERU rate to be applied to properties shall be as defined in {}3-4-6 of the City Code.
4. The monies derived from the stormwater utility charge shall be used solely for the operation and
maintenance of the City wide stormwater infrastructure and related water quality programs.
F. Determinntinn of stnrmwnter utility chnrgp,
Ordinance No.
Page 4
1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate
per month. As to these properties, the stormwater utility charge shall commence upon the earlier of the
following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been issued
for the residence.
2. nulti-family residential properties the stormwater utility charge shall be 50% of the ERU rate
the number of individual dwelling units existing on the property. As to these properties, the
/ charge shall commence upon the earlier of the following:
a. certificate of occupancy;
b. 90 days construction is halted, provided construction is at least 50% cor
c. 90 completed, even if a certificate of occu has not been issued
for the residence.
3. For ~1 the stormwater utility charge shall be of the ERU rate
multiplied by the obtained by dividing the total ' area of the particular
property by the num[ ~ feet in one ERU. The minimum charg~ be equal to 100% of
the ERU rate. As to these the stormwater utility charge shall c upon the earlier of
the following:
a. The issuance of a certificate
b. 90 day
c. 90 days after construction is even if a of occupancy has not been
issued for the residence.
1. An owner or occupant of a multi-family the initial or any subsequent
calculation of the number of dwelling units upon or calculation of the stormwater utility
charge, or allocation of such charge among occupants appeal such calculations and allocation to
the director. Upon such appeal, the stormwater utilit for such property may be recalculated
utilizing information supplied by the appealing owner such information is verified as
correct by the director.
2. An owner or occupant of by the initial or any subsequent
determination of the total impervious area of ,~ property, utility charge for
such properly, or allocation of such cha/r.g/e among occupants, appeal such calculations and
allocation to the director. Upon such a~o'eal, the stormwater utilit, arge for such property may be
recalculated utilizing information suppli,e6 by the appealing owner o~: ~pant, p~ ~vided such information
is verified as correct by the director./~
3. Any adjustment of the stormw~er utility charge resulting from such ap'~eal shall be retroactive to the
date the appeal was filed. // \
4. Appeals by the owners or~ccupants of property subject to stormwater u~ility charges shall include a
statement of the numb~ of dwelling units, total property area, and/or'kt~t~l impervious area, as
appropriate for the pa~;ular grounds for appeal Such information may be shown on the stormwater
utility reporting form/s or on appeal forms, and may be accompanied by plats, County Assessor's
records, or surve,y,/data. The director may request additional information from the appealing party.
Based upon the.'information provided by the utility and appealing party, the director shall make a
?
final cel,c_ulatio~ of the stormwater utility charge. The director shall notify the parties, in writing, of the
director s d~.ision within 90 days after receipt of the appeal. If still aggrieved, a pady may request, in
writing, a/review by the City Manager of the director's decision. Such request must be filed with the
City Manager within 30 days after the director's decision, shall cite the specific error by the director,
and shall include the calculation of stormwater utility charge which the appealing party believes to be
correct. The City Manager shall review the record presented and render a written decision within 30
days after receipt of the request for review. The City Manager may request additional information
from the director or the appealing party. If still aggrieved, a party may request review of the City
Manager's decision by the City Council in the same manner as above, provided for review by the
City Manager. The filing of an appeal shall not excuse the payment of the stormwater utility charge
when due. However, the City shall refund any portion of the charge paid subsequent to the filing of
the appeal which is adjudged to be excessive, with interest at the rate provided by law.
H. Billing procedure.~ delinqu~.nt accounts ~nd collection prncedures
Ordinance No.
Page 5
1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater
utility district.
2. Collection and delinquent account procedures shall be as in §14-3A-6 of the City Code.
SECTION IV. REPFALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
If any section, provision or pad of the Ordinance shall be adjudged to be
invalid lconstitutional, such adjudication shall not affect the validity of the
section, invalid or unconstitutional.
This Ordinance shall be in effect after passage, approval and
publication.
Passed and approved this __ ~f ,20___
MAYOR
ATTEST:
CITY CLERK
pweng/ord/stormwaterl 1-03.doc
Page 1 of 2
Marian Karr ~~
From: Rebecca Neades [rneades@iowacityarea.com]
Sent: Tuesday, December 16, 2003 3:10 PM
To: cou ncil@iowa-city,org
Subject: Storm Water Utility Fee
Iowa City Mayor, Council & Staff-
Hello. I just wanted to give you the heads up that Pat & I will be at the City Council Meeting tonight.
We will be there to give you a copy of the following letter and ask you to postpone your first reading of
a storm water utility fee. I would be happy to visit with you this afternoon if you have any questions.
My number at the chamber is 337-9637.
Thank you,
Rebecca Neades, Vice President
Iowa City Area Chamber of Commerce
Iowa City'sProposed Storm Water Utility Fee
Dear Mayor, CounciI and City Staff:
It has come to the attention of the Iowa City Area Chamber of Commerce that you will be discussing and first
reading of an ordinance to propose a user fee for regulating/correcting storm water run-off as set by federal
mandates. This letter is offered with the intent to open discussion and support further investigation into
balancing the needs of the City with fair/scientific guidelines to determine a fee. We are not opposing a fee,
nor are we suggesting a flat fee similar to what Coralville or North Liberty passed. We are merely asking you
to consider the following concerns and work with our business community to come up with a fair calculation
based on actual run-off, how it is currently being handled and risks associated with residential/commercial run-
off. Please consider the following:
1. First a question that needs clarification: Is there a clear goal to what we want to accomplish? What
specifically is the Federal Government trying to regulate? Are there specific agents that are more harmful
such as nitrates from fertilizer or toxins from specific types of businesses that are more harmful to our
water?
2. If there is not going to be a fiat fee, then the formula used needs to be based on actual factors and not an
abstract formula.
3. Volume, Velocity and Exposure all need to be considered. Note: Not all impermeable surface run-off
water needs to be purified. For example water that is collected offa commercial building's roof and
transported internally to a retention area is not exposed to the same pollutants as water that falls off a
steep roof and runs across an oily parking lot.
4. Will there be any consideration/credit given to businesses that have implemented storm water run-off
systems or buffers as mandated for commercial businesses on property of 2 acres or more?
12/i6/03
Page 2 of 2
5. Is the proposed $915,000 budgeted cost due to the new mandates or are there some identified costs that
are currently budgeted such as leaf & yard waste removal, street cleaning, etc. that will be transferred to
this revenue stream.
In summary, we would like to be an active participant in coming up with a fair and equitable solution to this
proposed fee. Our intent is to maintain a positive business climate in Iowa City and not to place a greater
burden on commercial/industrial business. We know that you understand this but need to balance that with very
tight budget concerns for the next year. Please consider postponing your action on this ordinance for
further discussion.
Thank you,
Patrick Guard, President
Rebecca Neades, Vice President
Iowa City Area Chamber of Commerce
319/337-9637
12/16/03
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington Street, lows City, IA 52240; 319-356-5030
ORDINANCE NO. 03-4].04
AN ORDINANCE AMENDING THE CITY CODE TITEE 10, "PUBLIC WAYS", CHAPTER 3,
'COMMERCIAL USE OF SIDEWALKS", SECTION 3, "USE OF SIDEWALK CAFES" TO
CONTINUE TO ALLOWALL SIDEWALK CAFES TO OPERATE UNTIL 12:00 MIDNIGHT.
WHEREAS, On July 2, 2002, the City Council amended the City's ordinance establishing
hours of operation of sidewalk cafes with existing alcoholic beverages licenses to 12:00
midnight; and
WHEREAS, said amendment had a "sunset" clause automatically repealing the
amendment on December 31, 2003, unless reenacted by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 10, entitled 'Public Ways", Chapter 3, "Commercial
Use of Sidewalks', Section 3, "Use For Sidewalk Cafes", Subsection (C), "Days and Hours of
Operation", Subparagaph 3 is hereby repealed and replaced with the following language:
Sidewalk cafes shall be set up and operated each day only between the hours of seven
o'clock (7:00) A.M. and twelve o'clock (12:00) midnight, and restored to a normal pedestrian
walkway at all other times.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passa~ approval and publication, as provided by law.
rlpcpmhpr, 20 {).3.
L~Jasse~nd a,~yedx~l~ l t~th day of ,
'I~AYOR
ClT~CLERK
Approved by
City Attorney's Office
^ndy/ord/sid~walkcaf*hou m~xtonsion.do¢
Ordinance No. 0.3-4{04
Page 2
It was moved by, Pfab and seconded by Wi 1 burn that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 11/10/03
Voteforpassage:AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, 0'Donnell
Pfab. NAYS: None. ABSENT: None. '
Second Consideration 11/25/03
Voteforp~tssaoe:AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Vanderhoef,
NAYS: None. ABSENT: Pfab.
Date pub(ished 12/24/03
Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 03-4105
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," TO SIMPLIFY THE PROBABLE CAUSE DETERMINATION PROCESS,TO
PROVIDE FOR MEDIATION, TO STREAMLINE THE CONCILIATION PROCESS, TO
DEFINE LITIGATION WORTHY, TO ESTABLISH PROCEDURES FOR PUBLIC
HEARINGS, TO MODIFY THE POWERS OF THE HUMAN RIGHTS COMMISSION, TO
CLARIFY CERTAIN DEFINITIONS, AND TO MAKE ADDITIONAL
NONSUBSTANTIVE CHANGES.
WHEREAS, the distinct roles of the Human Rights Commission ("Commission"), the City
Attorney's Office, and the Commission staff need to be clarified with respect to the probable
cause investigation and determination; and
WHEREAS, the existing conciliation process is cumbersome and not as effective as it could
be; and
WHEREAS, there currently is no provision for the complainant and the respondent to
engage voluntarily in mediation; and
WHEREAS, there is no process to analyze when a case should proceed to public hearing
following a probable cause determination; and
WHEREAS, there are presently few provisions governing the proceedings of a public
headng; and
WHEREAS, most of the amendments by which complaints are investigated, probable cause
determinations are made, and public headngs are conducted mirror the process used by the
Iowa Civil Rights Commission; and
WHEREAS, the duties bestowed and the powers granted to the Commission need to refiect
the modified role of the Commission in the probable cause determination and its increasing role
in educating the public on human dghts and illegal discrimination; and
WHEREAS, the Commission approved these changes at its meeting on September 23,
2003; and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Age" and substituting in its place
the following new definition:
Age: Chronological age of any person.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Conciliation Team" and
substituting in its place the following new definition of "conciliation":
Conciliation: The attempt by the Human Rights Coordinator to reach a resolution with both
parties in a case in which a determination of probable cause has been made.
Ordinance No. 03-4105
Page 2
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Court" and substituting in its place
the following new definition:
Court: The district court of the state of Iowa or any judge of the court if the court is not in
session at that time.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by adding the following new definition:
Crediti "Credit" as defined in section 537.1301(15) of the Code of Iowa, as amended.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by adding the following new definition:
Creditor: "Creditor" as defined in section 537.1301(17) of the Code of Iowa, as amended.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Credit Transaction" and
substituting in its place the following new definition:
Consumer Credit Transaction: "Consumer credit transaction" as defined in section
537.1301(11) of the Code of Iowa, as amended.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing Paragraph C of the definition of "Disability" and
substituting in its place the following new Paragraph C:
C. Being regarded as having such an impairment. "Disability" does not include current,
illegal use of or addiction to a controlled substance as defined by chapter 124A of the Code
of Iowa, as amended.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Employer" and substituting in its
place the following new definition:
Employer: Includes any person, wherever situated, who employs one or more employees
within the City, or who solicits individuals within the City to apply for employment within the
City or elsewhere. The term includes the City itself, and to the extent not inconsistent with
State law, all other political subdivisions, public corporations, governmental units conducting
any activity within the City and public agencies or corporations.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Investigator."
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Public Assistance Source of
Income" and substituting in its place the following new definition:
Public Assistance Source of Income: Income and support dedved from any tax-supported
Federal, State or local funds, including, but not limited to, social security, supplemental
Ordinance No. 03-4105
Page 3
security income, temporary assistance for needy families, family investment program,
general relief, food stamps, and unemployment compensation, but not including rent
subsidies.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by repealing the definition of "Respondent" and substituting in its
place the following new definition:
Respondent: A person who is alleged to have committed an act prohibited by this
Title and/or against whom a complaint has been filed under this Title.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1, entitled
"Definitions," is hereby amended by adding the following new definition:
Unfair Practice or Discriminatory Practice: Those practices specified as unfair or
discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A
of the Code of Iowa, as amended, or this Title.
Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 2, entitled
"Purpose," is hereby amended by repealing Section 2 in its entirety and substituting in its place
the following:
It is the purpose of this Title to protect citizens of the City against "discrimination" as defined
in this Chapter. Moreover, this Title provides for execution within the City of the policies of
the Iowa Civil Rights Act of 1965, as amended, the Federal Civil Rights Acts, as amended,
the preamble and part I (articles 1-7) of the "International Convention on the Elimination of
All Forms of Racial Discrimination (1966)", as amended, and the promotion of cooperation
among the City, State and Federal agencies which are charged, presently and in the future,
with enforcing these Acts and instruments.
Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 1,
entitled "Commission Established; General Duties," is hereby amended by repealing Section 1 in
its entirety and substituting in its place the following:
There is hereby established the Iowa City Human Rights Commission whose duties shall be
to disseminate information, educate the public on illegal discrimination and human rights,
provide the enforcement necessary to further the goals of this Title, and protect citizens from
unfounded charges of discriminatory practices.
Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 2,
entitled "Powers," is hereby amended by repealing Section 2 in its entirety and substituting in its
place the following:
The Commission created by this Chapter shall have the following powers to: A. Receive complaints alleging unfair or discriminatory practices.
B. Investigate and study the existence, character, causes and extent of discrimination in
the areas covered by this Title and to eliminate discrimination by education and
enforcement where necessary.
C. Issue publications and reports of the research and investigations of the Commission
subject to the limitations of confidentiality.
Ordinance No. 03-4105
Page 4
D. Prepare and transmit to the City Council from time to time, but not less often than
once each year, reports describing the proceedings, investigations, hearings, decisions
and other work performed by the Commission.
E. Make recommendations to the City Council for such further legislation concerning
discrimination as it may deem necessary and desirable.
F. Cooperate, within the limits of any appropriations made for its operation, with other
agencies or organizations, both public and pdvate, whose purposes are not inconsistent
with those of this Title, and in the planning and conducting of programs designed to
eliminate racial, religious, cultural and other intergroup tensions.
G. Educate the public on human dghts and illegal discrimination, such as organizing and
facilitating educational public forums that address one or mom of the broad range of
topics included within the rubric of human rights.
H. Seek injunctive relief as may be appropriate to preserve the rights of the complainant
and the public interest when it appears that a complainant may be irreparably injured
before a public hearing can be called to determine the merits of the complaint.
I. Issue subpoenas and order discovery as provided by this Section to aid in
investigations of allegations of discrimination. The subpoenas and discovery may be
ordered to the same extent and are subject to the same limitations as subpoenas and
discovery in a civil action in District Court.
Title 2, entitled "Human Rights," Chapter 2, entitled "Human Rights Commission," Section 4,
entitled "Records to Be Public; Exceptions," is hereby amended by repealing Section 4 in its
entirety and substituting in its place the following:
A. The disclosure of information, whether a charge has been filed or not, or revealing the
contents of any file is prohibited except in the following circumstances:
1. A written request is received by a party or party's attorney following a probable cause
determination.
2. If the Commission has issued a right-to-sue letter, a party or a party's attorney may
have access to the Commission case file on that complaint.
B. No member of the Commission staff shall disclose the filing of a charge, the information
gathered dudng the investigation, or the endeavors to eliminate such discriminatory or unfair
practice by conference, mediation, conciliation or persuasion, except as may be necessary
to conduct an investigation of a complaint. Nothing in this Section shall prevent the
Commission from releasing such information concerning alleged or acknowledged
discriminatory practices to the State Civil Rights Commission, the United States Civil Rights
Commission, the Federal Equal Employment Opportunity Commission, and other agencies
or organizations whose primary purpose is the enforcement of civil rights legislation. This
Section does not prevent any complainant, witness or other person from publicizing the filing
of a complaint or the matter therein complained of. Violation of these provisions by a
member of the Commission or its staff shall constitute grounds for removal.
Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1,
entitled "Employment; Exceptions," Paragraph A is hereby amended by repealing Paragraph A in
its entirety and substituting in its place the following:
It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or
refer for employment, or to otherwise discriminate in employment against any other person
or to discharge any employee because of age, color, creed, disability, gender identity,
marital status, national origin, race, religion, sex or sexual orientation.
Ordinance No. 03-4105
Page 5
Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1,
entitled "Employment; Exceptions," Paragraph F is hereby amended by repealing
Subparagraphs 5 and 7 of Paragraph F in their entirety and substituting in their place the
following:
5. The employment on the basis of sex in those certain instances where sex is a bona fide
occupational qualification reasonably necessary to the normal operation of a particular
business or enterprise. The bona fide occupational qualification shall be interpreted
narrowly.
7. The employment on the basis of disability in those certain instances where presence of
disability is a bona fide occupational qualification reasonably necessary to the normal
operation of a particular business or enterprise. The bona fide occupational qualification
shall be interpreted narrowly.
Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 3,
entitled "Credit Transactions; Exceptions," Paragraph D is hereby amended by repealing
Paragraph D in its entirety.
Title 2, entitled "Human Rights," Chapter 4, entitled 'Enforcement," Section 1, entitled "Persons
Who May File Complaints; Method of Filing Complaint; Amending Complaint," Paragraph B is
hereby amended by repealing Paragraph B in its entirety and substituting in its place the following:
Upon the filing of a complaint, the Human Rights Coordinator 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.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enfomement," Section 1, entitled "Persons
Who May File Complaints; Method of Filing Complaint; Amending Complaint," Paragraph D is
hereby amended by repealing Paragraph D in its entirety and substituting in its place the
following:
Complaints and Answers may be amended as follows:
1. The complainant shall have the power to amend any complaint at any time prior to the
Human Rights Coordinator's probable cause recommendation.
2. The Human Rights Coordinator shall have the power to amend any complaint after a
probable cause finding and prior to the decision to have a public hearing.
3. At the discretion of the administrative law judge, the complaint may be amended after
the decision to have a public hearing.
4. The respondent shall have like power to amend such respondent's answer, at any time
pdor to hearing, and thereafter at the discretion of the administrative law judge.
5. Amendments to the complaint and answer alleging additional acts which constitute unfair
or discriminatory practices related to or growing out of the subject matter of the original
complaint will relate back to the date the original complaint or answer was filed.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled "Persons
Who May File Complaints; Method of Filing Complaint; Amending Complaint," is hereby
amended by adding a new Paragraph G:
A complaint or any part thereof may be withdrawn by the complainant at any time prior to
the notice of the public hearing and thereafter at the discretion of the Commission.
However, nothing herein shall preclude the Human Rights Coordinator from continuing the
Ordinance No. 03-4105
Page 6
investigation and initiating a complaint on the Commission's behalf against the original
respondent whenever it deems it in the public interest.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," is hereby amended by repealing
Section 2 in its entirety and substituting in its place the following:
A. After the filing of a verified complaint, a true copy shall be served within twenty (20) days
by certified mail on the person against whom the complaint is filed. Service is effective upon
mailing.
B. Upon the filing of a complaint the Human Rights Coordinator shall promptly serve notice
on the respondent 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.
C. The Human Rights Coordinator must commence proceedings with respect to. the
complaint before the end of the thirtieth (30th) day after receipt of the complaint. The Human
Rights Coordinator may draft and mail to the parties written questionnaire/document
requests to which respondent and complainant are required to respond. Answers and
documents are to be received by the Human Rights Coordinator's office within thirty (30)
days of the receipt of the questionnaire/document request unless an extension has been
granted by the Coordinator.
D. After reviewing materials responsive to the questionnaire/document request, the Human
Rights Coordinator shall determine whether the complaint warrants further investigation. If
the Human Rights Coordinator finds there is a reasonable possibility of a probable cause
determination or the legal issues present in the complaint need further development, the
Human Rights Coordinator shall promptly resume the investigation of the complaint. A
complaint determined by,he Human Rights Coordinator not to warrant further processing by
the Human Rights office shall be reviewed by the City Attorney. If the City Attorney
determines that the complaint does not warrant further investigation, it shall be
administratively closed. Notice of such closure shall be promptly served upon the
complainant and the respondent by certified mail. Service is effective upon mailing. Such
notice shall state the reasons for administrative closure.
E. A complainant may object to the administrative closure and request review within twenty
(20) days of service. If a complainant makes a timely written request for review of the
administrative closure, the Human Rights Coordinator shall promptly review the
complainant's request and all relevant material and inform the City Attorney of said review.
If, after review then by the City Attorney, it is determined that the complaint does not
warrant further processing, the Human Rights Coordinator shall close the file and notify
the complainant and respondent of the final decision of administrative closure. If, after
review, the City Attorney determines that there is a reasonable possibility of a probable
cause determination or the legal issues presented in the complaint need further
development, the allegations will be investigated further.
F. A complaint may be administratively closed at any time if the complainant cannot be
contacted after diligent efforts or is uncooperative causing unreasonable delay in the
processing of a complaint.
G. Upon completion of the investigation, the Human Rights Coordinator shall issue a written
investigative summary and recommendation to the City Attorney as to whether probable
cause exists that the person charged in the complaint has committed a discriminatory
practice.
Ordinance No. 03-4105
Page 7
H. After receipt of the summary and recommendation, the City Attorney shall issue a written
opinion as to whether probable cause exists to believe a discriminatory practice occurred as
alleged by the complainant.
I. Any time after a complaint is filed under this Title, but before the Human Rights
Coordinator issues a recommendation to the City Attorney, the Human Rights Coordinator
may seek a disposition of the complaint through a predetermination settlement.
J. A complaint may be closed as satisfactorily adjusted when the respondent has made an
offer of settlement acceptable to the Human Rights Coordinator but not the complainant.
Notice of intended closure shall state the reasons for closure and be served by certified mail
upon the complainant. The complainant shall be allowed thirty (30) days to respond in
writing to the Human Rights Coordinator either stating the reasons why the offer is
unacceptable or accepting the offer. The Human Rights Coordinator will review and consider
the response before making a closure decision.
K. The complainant or respondent may request mediation of the complaint at any time
during the complaint process pdor to the probable cause determination. Mediation shall not
be undertaken unless both the complainant and respondent agree to participate. Mediation
may be discontinued at the request of either party. If the complainant and respondent do
not reach a mediation agreement, the complaint process shall continue to resolution as
provided in this Section.
1. A mediation agreement is an agreement between the respondent and complainant. It
is not subject to review or approval of the Commission.
2. All verbal or wdtten information relating to the subject matter of a mediation
agreement and transmitted between either the complainant or respondent and a
mediator to resolve a complaint filed under this chapter, whether reflected in notes,
memoranda, or other work product, is confidential as provided in §2-2-4(B) of this Title.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 3, entitled
"Proceedings on Complaint; Probable Cause," is hereby amended by repealing Section 3 in its
entirety and substituting in its place the following:
A. If the City Attorney finds that probable cause exists regarding the allegations of the
complaint, the Human Rights Coordinator shall notify the complainant and the respondent of
the finding. The Human Rights Coordinator shall promptly endeavor to eliminate the
discriminatory or unfair practice by conference, conciliation and persuasion.
B. If the City Attorney finds that no probable cause exists, the Human Rights Coordinator
shall issue a written finding dismissing the complaint and notifying the parties of the
complainant's right to appeal the finding. Notice of the no probable cause determination
shall be promptly mailed to the complainant and to the respondent by certified mail. Service
is effective upon mailing.
C. A complainant may object to the finding of no probable cause within ten (10) days of
receipt of the notice. If a complainant makes a timely written request for review of the
finding, the Human Rights Coordinator shall hear the complainant's evidence within thirty
(30) days of the request for review and inform the City Attorney of said review. If no
probable cause is again the finding after further review by the City Attorney, the Human
Rights Coordinator shall notify the complainant in writing of the decision, and shall close the
file. If the City Attorney finds probable cause after review, the Human Rights Coordinator
shall proceed with efforts to eliminate the discriminatory or unfair practice by conference,
conciliation and persuasion.
D. In connection with housing discrimination complaints under Chapter 5 of this Title, final
administrative disposition of a complaint shall be made within one year of the date of receipt
of a complaint, unless it is impracticable to do so. If final administrative disposition within one
Ordinance No. 03-4105
Page 8
year is impracticable, the Human Rights Coordinator shall notify the complainant and
respondent in writing.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 4, entitled
"Conciliation Procedures," is hereby amended by repealing Section 4 in its entirety and
substituting in its place the following:
A. Following the probable cause determination, the Human Rights Coordinator shall
endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and
persuasion for a period of thirty (30) days following the initial conciliation meeting with the
respondent. After the expiration of thirty (30) days, the Human Rights Coordinator may order
the conciliation conference and persuasion procedure to be bypassed if the procedure is
determined to be unworkable by reason of past patterns and practices of the respondent, or
a statement by the respondent that the respondent is unwilling to continue with the
conciliation. The Human Rights Coordinator shall state in wdting the reasons for bypassing
further conciliation efforts.
B. A conciliation agreement shall become effective after it has been signed by the
respondent, or authorized representative, the complainant, or authorized representative and
by the Human Rights Coordinator on behalf of the Commission. Copies of the agreement
shall be served on all parties. The Commission shall be informed of the agreement.
C. The terms of a conciliation agreement reached with the respondent may require the
respondent to refrain in the future from committing discriminatory or unfair practices of the
type stated in the agreement; to take remedial action which, in the judgment of the Human
Rights Coordinator, will carry out the purposes of this Title; and to consent to the entry in an
appropriate District Court of a consent decree embodying the terms of the conciliation
agreement. Violation of such a consent decree may be punished as contempt by the Court
in which it is filed, upon a showing by the Human Rights Coordinator of the violation at any
time within six (6) months of its occurrence. In all cases in which a conciliation agreement is
entered, the Human Rights Coordinator shall issue an order stating its terms and furnish a
copy of the order to the complainant, the respondent, and such other persons as the
Coordinator deems proper. At any time, in the discretion of the Human Rights Coordinator,
the Coordinator may investigate whether the terms of the agreement are being complied
with by the respondent. Upon a finding that the terms of the conciliation agreement are not
being complied with by the respondent, the Human Rights Coordinator shall take
appropriate action to assure compliance.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 5, entitled
"Remedial Action," Paragraphs A and H are hereby amended by repealing Paragraphs A and H
in their entirety and substituting in their place the following:
A. Hiring, reinstating or promoting of employees with or without pay. Interim earned income
and unemployment compensation shall operate to reduce the pay otherwise allowable.
H. Payment to the complainant of damages caused by the discriminatory or unfair practice
which may include actual damages, emotional distress damages, front pay, court costs and
reasonable attorney fees.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 5, entitled
"Remedial Action," is hereby amended by adding a new Paragraph L:
Any other relief that the administrative law judge finds to be appropriate. '
Ordinance No. 03-4105
Page 9
Title 2, entitled "Human Rights," Chapter 4, entitled "Enfomement," Section 6, entitled "Notice
and Hearing," is hereby amended by repealing Section 6 in its entirety and substituting in its place
the following:
A. Litigation Worthy. Upon notification by the Human Rights Coordinator that conciliation
has been bypassed or unsuccessful, the City Attorney shall form an opinion as to whether
the case is litigation worthy and make a recommendation to two (2) members of the
Commission whether the case should be dismissed or proceed to public hearing. If both
members of the Commission wish to proceed contrary to the recommendation of the City
Attorney, they may authorize the Human Rights Coordinator to do so. Otherwise, the Human
Rights Coordinator shall dismiss the case or proceed to public hearing in accordance with
the recommendation of the City Attorney.
B. Representative of commission. The Commission's case in support of the complaint shall
be presented by the City Attorney or designee.
C. Statement of charges.
1. When a complaint proceeds to public headng, the Human Rights Coordinator shall
prepare a written statement of charges in support of the complaint, which shall contain:
a. An allegation that the respondent is a proper respondent within the meaning of
and subject to provisions of this Title.
b. A factual allegation or allegations of an unfair or discriminatory practice or
practices, substantially as uncovered in the investigation, stated in the complaint
(including amendments thereto), or stated in the probable cause decision.
2. A statement of charges is sufficient if it:
a. Names the respondents and complainants;
b. States the section(s) of the code alleged to be violated; and
c. Incorporates by reference the complaint and any amendments to the complaint.
3. The statement of charges shall also specifically identify all allegations, if any, in the
complaint, as amended, which:
a. Have been closed by other than a probable cause finding, or
b. The commission has elected not to prosecute despite a probable cause finding.
4. None of the allegations identified pursuant to 2-4-6B(3) shall be considered as a
claim of discrimination in the contested case proceeding, but evidence on such
allegations may be considered when relevant to other allegations of discrimination or as
background evidence.
D. Scheduling conference. The administrative law judge may set the matter for a
scheduling conference in order that the parties, including the commission, and the presiding
officer may arrive at a mutually agreed date for the public hearing.
E. Notice of hearing. Delivery of the notice of hearing constitutes the commencement of the
contested case proceeding. Delivery shall be executed by any of the following means:
certified mail with return receipt requested, personal service as provided in the Iowa Rules
of Civil Procedure, first-class mail, or publication as provided by the Iowa Rules of Civil
Procedure to all interested parties or their attorneys at least 30 days before the date of the
headng. Certified mail return receipts, returns of service, or similar evidence of service shall
be filed with the presiding officer. The notice shall include: 1. The time and place of hearing;
2. The nature of the hearing, the legal authority and jurisdiction under which the hearing
is being held;
3. A short and plain statement of the matters asserted. This requirement may be.
satisfied by a statement of the issues as described by the statement of charges or an
incorporation of the attached statement of charges;
4. The reference to the sections of this Title involved;
Ordinance No. 03-4105
Page 10
5. Identification of all parties including the name, address and telephone number of the
person who will act as advocate for the Commission and of parties' counsel where
known; and
6. Identification of the administrative law judge.
F. Answer to notice of hearing. The respondent is encouraged to file an answer to the
allegation contained within the notice of hearing within 20 days of the service of the notice of
hearing. Answers are encouraged as a means of sharpening the issues and preserving
claimed error.
G. Default.
1. If a party fails to appear or participate in a contested case proceeding after proper
service of notice, the administrative law judge may, if no adjournment is granted, enter a
default decision or proceed with the hearing and render a decision in the absence of the
party.
2. Default decisions or decisions rendered on the merits after a party has failed to,
appear or participate in a contested case proceeding become final agency action unless,
within 15 days after the date of notification of mailing of the decision, a motion to vacate
is filed and served on all parties or an appeal of a decision on the medts is timely
initiated.
3. "Good cause" for purposes of this rule shall have the same meaning as "good cause"
for setting aside a default judgment under Iowa Rule of Civil Procedure1.977.
H. Filing and service of documents. After the notice of hearing, all pleadings, motions,
documents or other papers shall be filed with the administrative law judge with a copy to
parties of record, with separate copies to the City Attorney. Except as provided by these
rules, the Iowa Rules of Civil Procedure pertaining to discovery, or other laws, all pleadings,
motions, documents or other papers that are required to be served upon a party shall be
filed simultaneously with the administrative law judge.
I. Discovery.
1. Discovery procedures applicable in civil actions as set forth in the Iowa Rules of Civil
Procedure, are applicable in contested cases. Unless lengthened or shortened by these
rules or by order of the administrative law judge, time periods for compliance with
discovery shall be as provided in the Iowa Rules of Civil Procedure.
2. When discovery of information from the complainant is sought, discovery should be
made upon the complainant with a copy thereof provided to the City Attorney. When
discovery of information from the Commission is s~)ught, discovery should be made upon
the Commission with a copy thereof provided to the complainant or the complainant's
representative.
J. Subpoenas.
1. A Commission subpoena shall be issued to a party upon request. Such a request
should be in writing, but oral requests may be honored by the administrative law judge.
The request shall include the name, address, and telephone number of the requesting
party.
2. Parties are responsible for service of their own subpoenas and payment of witness
fees and mileage expenses.
K. Motions.
1. No technical form for motions is required. However, preheating motions must be in
writing, state the grounds for relief, and state the relief sought. Any motion for summary
judgment shall comply with the Iowa Rules of Civil Procedure. Motions made during the
hearing may be stated orally upon the record.
2. Any party may file a written response to a motion within 14 days after the motion is
served, unless the time period is extended or shortened by the administrative law judge.
Ordinance No. 03-4105
Page 11
3. Motions for summary judgment shall comply with the requirements of the Iowa Rules
of Civil Precedure 1.981.
L. Preheating conferences. Upon the administretive law judge's own motion or the motion
of the parties, the administrative law judge may direct the parties or their counsel to meet
with the administrative law judge for a conference to consider:
1. Simplification of issues;
2. Necessity or desirability of amendments to pleadings for purposes of clarification,
simplification, or limitation;
3. Stipulations, admissions of fact and of contents and authenticity of documents;
4. Limitation of number of witnesses;
5. Scheduling dates for the exchange of witness lists and preposed exhibits;
6. Identifying matters which the parties intend to request be officially noticed; and
7. Such other matters, including discovery matters, as may tend to expedite the
disposit!on of the preceedings.
M. Continuances. Unless otherwise previded, applications for continuances shall be made
to the administrative law judge.
N. Disqualification. A person shall not be appointed as an administrative law judge and an
administrative law judge shall withdraw from participation in the making of any proposed or
final decision in a contested case if that person:
1. Has a personal bias or prejudice concerning a party or a representative of a party;
2. Has personally investigated, presecuted or advocated in connection with that case,
the specific contreversy underlying that case, another pending factually related
contested case, or a pending factually related contreversy that may culminate in a
contested case involving the same parties;
3. Is subject to the authority, direction or discretion of any person who has personally
investigated, presecuted or advocated in connection with that contested case, the
specific controversy underlying that contested case, or a pending factually contested
case or controversy involving the same parties;
4. Has acted as counsel to any person who is a private party to that proceeding within
the past two years, unless all parties agree to the administrative law judge;'
5. Has a personal financial interest in the outcome of the case or any other significant
personal interest that could be substantially affected by the outcome of the case;
6. Has a spouse or relative within the third degree of relationship that: a) is a party to
the case, or an officer, director or trustee of a party; b) is a lawyer in the case; c) is
known to have an interest that could be substantially affected by the outcome of the
case; or d) is likely to be a material witness in the case; or
7. Has any other legally sufficient cause to withdraw from participation in the decision-
making in that case.
O. Ex parte communication. Unless required for the disposition of ex parte matters
specifically authorized by this Title or the Iowa Rules of Civil Procedure, following issuance
of the notice of hearing, there shall be no communication, directly or indirectly, between the
administrative law judge and any party or representative of any party or any other person
with a direct or indirect interest in such case in connection with any issue of fact or law in the
case except upon notice and opportunity for all parties to participate.
P. Powers of administrative law judge. The administrative law judge who presides at the
hearing shall have all powers necessary to the conduct of a fair and impartial hearing
including, but not limited to, the power to:
1. Conduct formal hearing in accordance with the provisions of this Title;
2. Administer oaths and examine witnesses;
3. Compel production of documents and appearance of witnesses in control of the
parties;
Ordinance No. 03-4105
Page 12
4. Issue subpoenas;
5. Issue decisions and orders;
6. Rule on motions, and other procedural items or matters;
7. Require the submission of briefs;
8. Issue such orders and rulings as will ensure the orderly conduct of the proceedings;
9. Receive, rule on, exclude or limit evidence and limit lines of questioning or testimony
which are irrelevant, immaterial, or unduly repetitious;
10. Maintain the decorum of the hearing including the power to refuse to admit or to
expel anyone whose conduct is disorderly;
11. Take any action authorized by these rules; and
12. Impose appropriate sanctions against any party or person failing to obey an order.
Q. Hearing preocedures.
1. Objections. All objections shall be timely made and stated in the record. Any
objection not duly made before the administrative law judge shall be deemed waived.
2. Representation of parties. Parties have the right to participate or to be represented in
all hearings or prehearing conferences related to their case.
3. Rights of parties. Subject to terms and conditions prescribed by the administrative
law judge, parties have the dght to introduce evidence on issues of material fact, cross-
examine witnesses present at the hearing as necessary for a full and true disclosure of
the facts, present evidence in rebuttal, and submit briefs and engage in oral argument.
4. Sequestration of witnesses. At the request of a party or sua sponte, the
administrative law judge may order witnesses sequestered so they cannot hear the
testimony of other witnesses.
5. Contents of record. The record in a contested case before the administrative law
judge shall include:
a. All pleadings, motions, and rulings;
b. All evidence received or considered and all other submissions;
c. A statement of matters officially noticed;
d. All questions and offers of proof, objections, and rulings thereon;
e. All proposed findings and exceptions;
f. Any decision, opinion, or report by the administrative law judge at the hearing.
Deliberations of the Commission when deciding whether to adopt a proposed
decision are not part of the record unless expressly made part of the record by order
of the Commission or the administrative law judge.
R. Evidence.
1. The administrative law judge shall rule on admissibility of evidence and may, where
appropriate, take official notice of facts in accordance with all applicable requirements of
law.
2. Stipulation of facts is encouraged.
3. Evidence in the proceeding shall be confined to the issues as to which the parties
receive notice prior to the hearing unless the parties waive their right to such notice by
express or implied waiver, or the administrative law judge determines that good cause
justifies their expansion.
4. Although the rules of evidence do not apply in a contested case hearing, a finding
shall be based upon the kind of evidence on which reasonably prudent persons are
accustomed to rely for the conduct of their serious affairs, and may be based upon such
evidence even if it would be inadmissible in a jury trial. Irrelevant, immaterial, or unduly
repetitious evidence shall be excluded. The administrative law judge shall give effect to
the rules of privilege recognized by law.
Ordinance No. 03-4105
Page 13
5. No evidence shall be received at any hearing concerning offers or counter-offers of
adjustment during efforts to conciliate or settle an alleged unfair or discriminatory
practice.
6. The burden of proof shall be by a preponderance of evidence.
S. Evidence of past sexual practices.
1. Discovery. In a contested case alleging conduct which constitutes sexual
harassment, a party seeking discovery of information concerning the complainant's
sexual conduct with persons other than the person who committed the alleged act of
sexual harassment, must establish specific facts showing good cause for discovery, and
that the information sought is relevant to the subject matter of the action, and reasonably
calculated to lead to the discovery of admissible evidence.
2. Evidence. In a contested case against a respondent who is accused of sexual
harassment, or whose agent or employee is accused of sexual harassment, evidence
concerning the past sexual behavior of the alleged victim is not admissible.
T. Cost of copies of record. Upon request by a party the Commission shall provide a copy
of the whole or any portion of the record at cost. The cost of preparing a copy of the record
shall be paid by the requesting party.
U. Posthearing briefs.
1. The administrative law judge may fix times for submission of postheadng bdefs.
Unless otherwise ordered, such briefs shall be filed simultaneously by all parties and
there shall be no page limit nor any other formal requirements.
2. Reply briefs. If simultaneous briefs are filed, then any party may file a reply bdef
within 10 days after service of the brief to which the reply is made.
U. Requests to present additional evidence.
1. In general. A party may request the taking of additional evidence only by establishing
that the evidence is material, that good cause existed for failure to present the evidence
at the headng, and that the party has not waived the dght to present the evidence.
2. If a request to present additional evidence is made after the issuance of the
proposed decision, then the request must be filed with the appeal or, by a nonappealing
party, within 14 days after the service of the appeal. If the Commission grants the motion
to present additional evidence, the Commission shall remand the case to the
administrative law judge for the taking of the additional evidence and any appropriate
modification of the proposed order.
V. Proposed decision. After a review of the transcript, the evidence, and the briefs, the
administrative law judge shall set forth, in writing, findings of fact, conclusions of law, and a
proposed decision and order. The proposed decision becomes the final decision of the
Commission without further proceedings unless there is an appeal to, or review on motion
of, the Commission within 30 days.
W. Review of proposed decision on appeal to the Commission.
1. Appeal by party. Any adversely affected party may appeal a proposed decision to the
Commission within 30 days after issuance of the proposed decision.
2. Review. The Commission may initiate review of a proposed decision on its own motion
at any time within 30 days following the issuance of such a decision.
3. Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of
appeal with the Commission. The notice of appeal must be signed by the appealing party or
a representative of that party and contain a certificate of service. The notice shall specify:
a. The parties initiating the appeal;
b. The proposed decision or order appealed from;
c. The specific findings or conclusions to which exception is taken and any other
exceptions to the decision or order;
d. The relief sought; and
Ordinance No. 03-4105
Page 14
e. The grounds for relief.
4. Oral argument. All parties or their attorneys shall be allowed ten minutes to present oral
argument to the Commission whenever the commission reviews a proposed decision
pursuant to this rule. The Commission may, in its discretion, allow oral argument to continue
longer.
5. Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal
or order for review, each appealing party may file exceptions and briefs. Within 10 days
thereafter, any party may file a responsive brief. The Commission may shorten or extend the
briefing period as appropriate.
X. Scope of review by,Commission.
1. Whenever the Commission reviews a proposed decision, it has all the power it would
have in initially making the final decision. The Commission may adopt, modify, or reject the
administrative law judge's proposed decision or it may remand the case to the administrative
law judge for the taking of additional evidence and the making of any further proposed
findings of fact, conclusions of law, or decision that it deems necessary.
2. Whenever the Commission reviews a proposed decision, it shall consider only those
issues actually presented to the administrative law judge unless the issue was one which
either:
a. Was raised prior to the proposed decision by a party, but not ruled upon, or
b. Was discussed in the proposed decision, but not argued on bdef by the parties.
Y. Intervention.
1. Motion. A motion for leave to intervene in a contested case proceeding shall state the
grounds for the proposed intervention, the position and interest of the proposed intervenor,
and the possible impact of intervention on the proceeding. A proposed answer or petition in
intervention shall be attached to the motion. Any party may file a response within 14 days of
service of the motion to intervene unless the time period is extended or shortened by the
administrative law judge.
2. Grounds for intervention. The movant shall demonstrate that: (a) intervention would not
unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the
movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not adequately represented by existing parties.
3. Effect of intervention. A person granted leave to intervene is a party to the proceeding.
The order granting intervention may restrict the issues that may be raised by the intervenor
or otherwise condition the intervenor's participation in the proceeding.
Z. Awards of attorney's fees.
1. In any final decision in which it is determined that the complainant is entitled to an award
of attorney's fees, but the actual amount has not yet been determined, there is, by operation
of this provision, an express retention of jurisdiction of the case by the Commission in order
to determine the actual amount of attorney's fees to which the party is entitled and to enter a
subsequent order awarding those fees, regardless of whether or not such retention of
jurisdiction is expressed in the final decision. In such case, the decision is final in all other
respects except the determination of the amount of the attorney's fees.
2. If the amount of attorney's fees is not stipulated to by the parties, the administrative law
judge shall schedule a hearing on the issue of the amount of the attorney's fees. The
administrative law judge's decision is a proposed decision, and either party may appeal as
provided in Paragraphs V-X of this chapter.
AA. Waiver, modification of rules.
1. Upon notice to all parties, the administrative law judge may, with respect to matters
pending, modify or waive any rule herein upon a determination that no party will be
prejudiced and that the ends of justice will be served.
2. Unless otherwise precluded by law, the parties in a contested case proceeding may
waive any provision of this chapter. However, the administrative law judge, in the discretion
Ordinance No.- 03-4105
Page 15
of the presiding officer, may refuse to give effect to such a waiver when the administrative
law judge deems the waiver to be inconsistent with the public interest.
BB. Application for rehearing.
1. By whom filed. Any party to a contested case proceeding may file an application for
rehearing from a final order.
2. Content of application. The application for rehearing shall state on whose behalf it is
filed, the specific grounds for rehearing, and the relief sought. In addition, the application
shall state whether the applicant desires reconsideration of all or part of the decision on the
existing record and whether the applicant requests an opportunity to submit additional
evidence.
3. Time of filing. The application shall be filed with the Commission within 20 days after the
issuance of the final decision.
4. Notice to other parties. A copy of the application shall be timely mailed by the applicant
to all parties of record not joining therein.
5. Disposition. Any application for a rehearing shall be deemed denied unless the
commission grants the application within 20 days after its filing. The Commission shall notify
the parties in writing that the application was denied.
CC. Assessment of costs of headng.
1. General rule. If the Commission prevails in the hearing, the respondent shall pay the
"contested case costs" incurred by the Commission. If the respondent prevails in the
hearing, the commission shall itself bear the "contested case costs" incurred by the
commission.
2. Mixed results. Where the Commission is successful as to part of the remedies sought at
the hearing and unsuccessful as to part of the remedies, the administrative law judge may
recommend an equitable apportionment of "contested case costs" between the commission
and the respondent.
3. Costs allowable. The following "contested case costs" and no others will be assessed or
apportioned:
a. The daily charge of the court reporter for attending and transcribing the hearing.
b. All mileage charges of the court reporter for traveling to and from the hearing.
c. All travel time charges of the court reporter for traveling to and from the hearing.
d. The cost of the odginal of the transcripts of the headng.
e. Postage incurred by the administrative law judge in sending by mail (regular or
certified) any papers which are made part of the record.
f. Expenses and fees of the administrative law judge, including but not limited to
lodging and transportation.
DD. Appeals to district court. Appeals to the district courts from the decision of the Commission
shall be perfected pursuant to the previsions of Iowa Code chapter 17A.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enfomement," Section 9, entitled "Sixty
Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints,"
Paragraph B is hereby amended by repealing Paragraph B in its entirety and substituting in its
place the following:
Requirements For Issuance Of Release: Upon a request by the complainant, and after the
expiration of sixty (60) days from the timely filing of a complaint with the Commission, the
Human Rights Coordinator shall issue to the complainant a release stating that the
complainant has a right to commence an action in the District Court. A release under this
subsection shall not be issued if a finding of no probable cause has been made on the
complaint, or a conciliation agreement has been executed, or the Commission has served
Ordinance No. 03-4105
Page 16
notice of hearing upon the respondent, or the complaint is closed as an administrative
closure and two (2) years have elapsed since the issuance date of the closure.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 9, entitled "Sixty
Day Release from Administrative Process; Alternative Judicial Proceedings Upon Complaints,"
Paragraph C is hereby amended by repealing Paragraph C in its entirety.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 10, entitled "Civil
Action Elected-Housing," is hereby amended by repealing Section 10 in its entirety and
substituting in its place the following:
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
administrative action under subsection 2-5-4L of this Title, 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 Human Rights Coordinator
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
of this Title.
B. An aggrieved person may file a civil action in District Court not mater than two (2) years
after the occurrence or the termination of an alleged discriminatory housing or real estate
practice, whichever 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
City Attorney.
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 of this Title, and without regard to the status of any discriminatory
housing or real estate complaint filed under those Sections, but:
a. If the Human Rights Coordinator obtains 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 City Attorney if the Commission has
begun a headng on the record under this Chapter with respect to the charge.
Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 11, entitled "Civil
Proceedings-Housing," Paragraph A, Subparagraph 1 is hereby amended by repealing
Paragraph A, Subparagraph 1 of in its entirety and substituting in its place the following:
A. 1. If timely election is made under subsection 2-4-10A of this Chapter, the Human Rights
Coordinator shall authorize, not later than thirty (30) days after the election is made, the
Ordinance No. 03-4105
Page 17
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.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION II1. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance
is a municipal infraction or a simple misdemeanor.
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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
r ,2003.
A'FrEST: ~
CITY~3LERK
Approved by
City A~orney's Office
sue/ord&res~-IR Ord.doc
Ordinance No. 03-4105
Page. 18
It was moved by Vanderhoef and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 11/25/03
Vote for passage: AYES : Champion, Lehman, O'Donne11, Vanderhoei~, Wilburn.
NAYS: Kanner. ABSENT: Pi:ab.
Second Consideration .. 12/15/03
Voteforpassage:AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Champion.
NAYS: Pfab, Kanner. ABSENT: None.
Date published 12/24/03