HomeMy WebLinkAbout2006-06-15 Info Packet
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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
June 15. 2006
MISCELLANEOUS
IP1 Tentative City Council Meetings and Work Session Agendas
IP2 Memorandum from the City Manager: Shelter House Funding
IP3 Memorandum from the City Attorney: Absence
IP4 Memorandum from the Director of Housing Inspection Services: Disposition of 426 Bayard
Street
IPS Two letters from the Senior Civil Engineer to Laura Stern: McCollister Boulevard (Thatcher
Mobile Home Park)
IP6 Letter from JCCOG Traffic Engineering Planner to Residents on College St between 7'h
Avenue and City High: Meeting to discuss traffic calming on College Street
IP7 Housing Organizing [submitted by Council member Correia]
IPS Police Department Use of Force Report May 2006
IP9 Email from Nora Garda: Invitation - Tango & Tapas July 14, 2006
IP10 Invitation: 2006 Volunteer Recognition Breakfast June 30
PRELIMINARY/DRAFT MINUTES
IP11 Senior Center Commission: May 23. 2006
IP12 Public Art Advisory Committee: June 1. 2006
IP13 Telecommunications Commission: May 22. 2006
IP14 Police Citizens Review Board: June 12. 2006
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CiTY OF IOWA CiTY
City Council Meeting Schedule and
Work Session Agendas
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June 15. 2006
www.icgov.org
TENTATIVE FUTURE MEETINGS AND AGENDAS I
. MONDAY, JUNE 26 Emma J. Harval Hall
6:30p Special Council Work Session
. TUESDAY, JUNE 27
7:00p Special Formal Council Meeting
Emma J. Harval Hall
. MONDAY, JULY 10
9:00a -12:00p Special Formal Council Meeting
Staff Evaluations
Emma J. Harval Hall
. MONDAY, JULY 17
6:30p Council Work Session
Emma J. Harval Hall
. TUESDAY,JULY18
7:00p Formal Council Meeting
Emma J. Harval Hall
. MONDAY, JULY 31
6:30p Council Work Session
Emma J. Harval Hall
. TUESDAY, AUGUST 1
7:00p Formal Council Meeting
Emma J. Harval Hall
. WEDNESDAY, AUGUST 2
4:30p Joint Meeting
Coralville City Hall
. MONDAY, AUGUST 21
6:30p Special Council Work Session
Emma J. Harval Hall
. TUESDAY, AUGUST 22
7:00p Special Formal Council Meeting
Emma J. Harval Hall
. TUESDAY, SEPTEMBER 5
5:00p Special Council Work Session
7:00p Formal Council Meeting
. MONDAY, SEPTEMBER 18
6:30p Council Work Session
Emma J. Harval Hall
Emma J. Harval Hall
. TUESDAY, SEPTEMBER 19
7:00p Formal Council Meeting
Emma J. Harval Hall
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CITY OF IOWA CITyrnJ
MEMORANDUM
Date: June 13, 2006
To: City Council
From: City Manager
Re: Shelter House Funding
The following is a list of projects awarded to Shelter House since FY85 for CDBG funded
projects and also a breakdown of Aid to Agencies funds (FY91-FY07), free bus tickets (FY93-
FY06) and half price bus tickets (FYOO-FY06). Please note that the half price bus ticket amount
was only figured for seven years, so the actual number is larger.
Total dollar amount awarded to Shelter House:
CDBG funds
Aid to Agencies
Bus tickets
$ 578,565.00
$ 185,980.00
$ 20.353.00
$ 784,898.00
Total
'CDBG funds awarded to Emergency Housing Project/Shelter House since 1984 (FY85)
FY85 $155,000 purchase & renovation of 331 N. Gilbert
FY87 $ 7,509 rehab
FY88 $ 2,491 rehab
FY94 $ 2,754 rehab
FY96 $ 24,500 rehab
FY97 $ 10,000 operations
FY98 $ 1,800 rehab
$ 16,600 operations
FY99 $ 27,562 rehab
FYOO $ 2,039 rehab
FY02 $ 25,000 operations
$ 5,000 deposit assistance
$ 1,410 rehab
FY03 $ 18,000 operations
$ 5,000 deposit assistance
FY04 $230,000 land acquisition for new shelter
$ 10,000 operations
$ 3,500 deposit assistance
FY05 $ 16,500 operations
$ 5,000 deposit assistance
FY06 $ 3,000 operations
$ 1,000 deposit assistance
FY07 $ 4,900 operations
Total $578,565
"Information complied by: Steve Long, Steve Nasby & Linda Severson
December 2001, updated December 2003, May 2005 & April 2006
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CITY OF IOWA CITY
MEMORANDUM
CLJ
Date:
June 13, 2006
City Council i\ .r-.J
Eleanor M. Dilkes, City Attorney ~-
Absence
To:
From:
Re:
I will be out of the office the week of June 19 - 23 and back in the office on Monday, June 26.
My staff will know how to reach me.
cc: Steve Atkins
Dale Helling
Marian Karr
eleanor/memlabsence,doc
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CITY OF IOWA CITY~
MEMORANDUM
Date: June 14, 2006
To: City Council
From:
Re: Disposition of 426 Bayard Street
Background
The property located at 426 Bayard Street was condemned by the City in 2003 for the purpose
of either restoration or demolition of the existing dilapidated house, considered to be a
neighborhood nuisance. The property includes two lots with an existing house located on one of
the lots. The City is required to sell the property for the purposes stated in the condemnation
action and by sale can retain only the amount of money paid by the City for the property,
$259,500. The property was advertised for sale and the City received four applications. All the
applicants have signed a purchase contract (to be included in the June 27 packet) that requires
commencement and substantial progress in either restoration or demolition of the existing
house within six months of Council action (June 27), or would be considered in default of the
contract and the property can be taken back by the City. The public hearing on the disposition of
this property is scheduled for June 27, 2006.
Proposals
I have provided the following summary of the four proposals to help Council in deciding this
matter and have included the application materials in your packet. All applicants are
experienced contractors with the capability to complete the redevelopment of 426 Bayard Street
and comply with the City's purchase contract. In addition, the applicants propose the following:
Applicant
Frantz Construction Company
Jeff Miller Construction, Inc.
Teagle Construction, LLC
Proposal
Remodel existing house with two-story rear
addition with attached two-stall garage and
finished second level. No second residence to be
built on the property. Remodel existing detached
garage into a garden shed. Applicant will provide
a covenant running with the land restricting future
development of adjacent lot.
Replace existing house with new two-story
traditional house with detached carriage
house/garage to be built in the same location as
the existing house. Applicant willing to provide a
covenant with the land restricting future
development of adjacent lot.
Remodel existing home, add two-story garage
and screened-in porch. Build additional new
house on other lot facing Magowan Street. Use
426 Bayard Street as the applicant's residence.
Disposition of 426 Bayard Street
June 14, 2006
Page 2
Applicant
Proposal
Brad McDonough
Remodel existing house with either two-story
garage addition or detached carriage
house/garage, Remodel existing detached
garage into a garden shed. No other construction
planned on the adjacent lot at this time, however,
not willing to covenant and restrict the future
development of the adjacent lot.
Discussion
I have reviewed the proposals submitted and discussed them with each applicant as well as
with several neighbors. As a result, I have concluded that the primary goal for the development
of this property should be to develop it in a manner that is the least invasive to the property and
neighborhood (Le., save the existing house and the large oak trees). In my opinion, this goal is
best accomplished by remodeling the existing house, and with no second single-family
residence built on the adjacent lot that is included with this property. The existing large oak trees
are "magnificent" and, according to the City Forester, can be saved. The loss of these large
trees would have a significant negative impact on the character of the property and the
neighborhood. Any development/construction activity should be minimized and the City Forester
has volunteered his expertise concerning the preservation of the large oak trees during
construction activity. If the Council wishes, the purchaser can be bound to the specific terms of
their proposal to ensure the purchaser follows through with their proposal.
Recommendation
I recommend that 426 Bayard Street be sold to Frantz Construction Company. Frantz
Construction Company best meets the goals I have discussed above because their proposal
saves the existing house and the trees by minimizing construction in the vicinity of the large oak
trees. In addition, Frantz Construction Company has indicated it is willing to establish a
covenant running with the land that the property will be kept as one and no second residence
will be constructed on the adjacent lot. I further recommend that the purchase contract include a
provision establishing a covenant on the adjacent lot which would prevent its development.
hisadm/mem/426bayard.disposition.doc
APPLICATION TO CITY OF IOWA C
-:;[ elF M II/IItvt- L olJ }ravc'n &;.) i () c .
State and describe any completed work of a similar character to that to be performed in the
proposed contract.
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:t/ve t\.' "'1 -t-r Ao-;-~^,"","A '- -pI", $ A per..Ac.-1""c:l> ("~''Ll p \v."J<:,,-
foAHJ6 .
List references that will enable the City to judge the financial ability, character, experience, skill
and business standing to insure that the applicant would be able to comply with the provisions of
the proposed contract.
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If known, provide a complete list of persons, firms or other parties to whom applicant proposes to
award a contract or subcontract for completion of the provisions of the proposed contract.
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APPLICANT:
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APPLICATION TO CITY OF IOWA CITY
PURCHASE OF PROPERTY LOCATED AT 426 BAYARD STREET, IOWA CITY, IOWA
(Add supplemental pages if necessary)
State the names, addresses and telephone numbers of all persons and entities interested in the
proposed contract.
Bill Frantz 1119 Shirken Dr. Iowa city, Ii'. 338-7923
Gene Nissley
1119 Shirken Dr. Iowa City, IAl 338-7923
Frantz Construction Co., Inc. 1119 Shirken Dr. Iowa city, IA 338-7923
State and describe any completed work of a similar character to that to be performed in the
proposed contract.
Bill and Gene haye done numerous remodelina and new proiects
as shown in our enclosed brochures.
List references that will enable the City to judge the financial ability, character, experience, skill
and business standing to insure that the applicant would be able to comply with the provisions of
the proposed contract.
Ja~nn Hall - Fir~t Ampriran Rank 588-9300
Mark Danielson - Leff Law Firm
338-7551
Gary Carlson - Clifton, Gunderson,Accountinq 354-3000
Craia Welt - AW Welt Ambrisco
887-3700
If known, provide a complete list of persons, firms or other parties to whom applicant proposes to
award a contract or subcontract for completion of the provisions of the proposed contract.
BrrJndt Heat.ing \). Air Conditionina. T,pnn;ng f'nnrrptp
Muller Plumbina S. Heatina Inc.. Wpl don Drywall].
Homewood Electric Tn~., Lynch's Excayatina Inc.,
BCI Lumber
Randy's Carpets S. Interiors
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CONSTRUCTION CO., INC.
s.,.ing Johnson County Sine< 1941
1119 Shirken Drive . P.O. Box 209 . Iowa Ciry, IA 52244 . 319-338-7923 . www.franrzconsrrucrion.com
Proposal for:
426 Bayard Stll
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CONSTRUCTION CO., INC.
Serving Johnson County Since 1941
1119 Shirken Drive . P.O. Box 209 . Iowa Ciry, IA 52244 . 319-338-7923 . www.frantzconsrruction.com
City of Iowa City Building Dept.
Attn: Doug Boothroy
410 E. Washington
Iowa City, IA 52240
Dear Doug,
After several visits to the Bayard Street property and after meeting
with some of the concerned and interested neighbors, I have narrowed my
plans for it from what could be done to what should be done.
My view and the view of many of the neighbors is this project should
be approached with 2 primary goals in mind. To save the existing house and
to save the trees, especially the huge oak trees that are so identified with
Manville Heights.
My plan is to remodel the existing house with a two story rear
addition and an attached 2 stall garage with a finished second level. The
existing detached garage would be utilized for storage and or studio at its
current location. There would not be a second residence built on the
property. I would like to thank you for considering my proposal.
Sincerely, (
~~
Bill Frantz preQent
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CONSTRUCTION CO., INC.
Serving Johnson County Since 1941
1119 Shirken Drive . P.O. Box 209 . Iowa City, IA 52244 . 319-338-7923 . www.frantzconstruction.com
Frantz Construction Co. Key Employees
Bill Frantz - President Experience - 38 years
Gene Nissley - Vice President Experience - 32 years
Bill Beard - commercial estimator Experience - 40 years
Dave Rieck - light commerciaVresidential estimator Experience - 10 years
Kirk Emerson - commercial superintendent
Experience - 30 years
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CONSTRUCTION CO., INC.
Serving Johnson County Since 1941
1119 Shirken Drive . P.O. Box 209 . Iowa Ciry, IA 52244 . 319-338-7923 . www.frantzconstruction.com
To Whom It May Concern:
Please find a list of some of the bonded projects we have been involved
with.
Project Contract Amount
Southeast Junior High School Addition Iowa City $640,000
Linn St. Office Building Iowa City $325,000
Systems Unlimited (7 Buildings) Iowa City $1,500,000
Grant wood School Addition Iowa City $80,000
Mike Chan Restaurant Remodel Iowa City $123,000
Hills Bank 2 story addition Hills $405,000
Sorority House Remodel Iowa City $150,000
Public Housing Project Iowa City $946,144
Breese Auto Parts Iowa City $475,000
Johnson County Administration Office $2,306,867
West High School Addition Iowa City $706,260
Animal Shelter Iowa City $326,000
la.-Ill. Gas & Electric Tiffin $294,000
Indoor Swimming Pool/Rec Center Addition Coral $1,600,000
System Unlimited Group Home Iowa City $221,649
Public Housing Shamrock Iowa City $902,000
City High School Addition Iowa City $649,000
Center Point Travel Plaza Center Point $2,500,000
Dr Douglas Behrendt Residence Iowa City $775,000
Ron Meyer Residence North Liberty $3,200,000
Subway Building Williamsburg $170,000
Willis Law Firm Remodel Iowa City $400,000
River Product Co. Coralville $550,000
Multiple U of! remodels on campus and in hospital
APPLICATION TO CITY OF IOWA CITY
PURCHASE OF PROPERTY LOCATED AT 426 BAYARD STREET, IOWA CITY, IOWA
(Add supplemental pages if necessary)
State the names, addresses and telephone numbers of all persons and entities interested in the
proposed contract.
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d,,+'n,," Ed ~7 /(r)/1) {;?I- 'I'iRr "7),&;/ (;7(,(1/'11611' 'if?]
State and describe any completed work of a similar character to that to be performed in the
proposed contract*. nO n , '. / c- ? C ~
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List references that will enable the City to judge the financial ability, character, experience, skill
and business standing to insure that the applicant would be able to comply with the provisions of
the proposed contract.
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If known, provide a complete list of persons, firms or other parties to whom applicant proposes to
award a contract or subcontract for completion of the provisions of the proposed contract.
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AP",CANT ~~ 'f?2~
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Concerning property at 426 Bayard St:
Our intentions with this piece of property if we are selected to improve it are as follows:
Remodel the existing house facing Bayard St by completely redoing the existing interior, adding
a garage and screened porch. Redo the driveway and all landscaping. I am planning to keep this
property as my primary residence in the Iowa City area.
On the lot facing Magowan St we will remove the old garage and build a new home to fit into the
existing neighborhood. The value of that home upon completion will be at or about $600,000.00.
Our thoughts on the order of work are as follows:
We will immediately, upon possession of the property, begin work on the remodel of the existing
house. We will also have Jackie Blank of Blank and McCune and Kay Braverman of Lepic
Kroeger Realtors start looking for someone interested in having a home built in that
neighborhood as a pre-sold.
I (Ed Teagle) would like the opportunity to to improve this property for a number of reasons.
Along with the fact that I believe there could be fmandal gain for our business, I have a personal
interest and desire to see this improvement for the neighborhood and the city happen. My wife
and I purchased the lot at 216 Magowan which used to be apart of this piece of property. We
were lucky enough to get the lot and build a house on that IN that we lived in for 5 years.
Our efforts were key in making the 426 Bayard Property situation "come to a he~." I have put
in a lot of time and effort in the past to make this happen. I really believe that by getting this
property into the hands of someone that wants to improve it as I have mentioned above not only
will help the entire neighborhood fmancially, but will also improve the quality ofliving in the
area. 1 am very fond of the Manville Heights neighborhood and whether it is our company that is
able to take on this project or someone else of like mind I will be very pleased with the outcome.
I am friends with all of the neighbors that live around this property and I think that that will help
with the ease of a project this size in an existing neighborhood. When we built the house at 216
Magowan we were able to avoid any conflicts with all neighbors by being very sensitive and
careful with their desires.
Also, in closing, I would like to mention the successful project we completed at 707 Walnut St in
Iowa City, the last time we worked with the city of a project of this type. We would like the
opportunity to try it again.
Thank you very much,
Teagle Construction LLC (Edwin L Teagle, partner)
- 3 -
17. OTHER PROVISIONS
(a.) See attached Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazard.
(b.) Subsequent to closing and delivery of possession, Buyer shall either: .
(i) Rehabilitate the residential structures currently existing on the property to bring it into
compliance with the Iowa City Code and obtain an occupancy permit for the residential structure within 18
months of completion of closing and possession,
or
(ii) obtain a demolition permit from the City of Iowa City, complete demolition of the
structures currently existing on the property within 60 days of formal approval of this contract by the City
Council of Iowa City, Iowa, pursuant to Iowa Code 9 364.7, thereafter construct upon the property a
structure for residential use in compliance within applicable provisions of the Iowa City Zoning Code, and
obtain an occupancy permit for the residential structure within 18 months of completion of demolition.
(c.) ANTI-MERGER PROVISION. The parties specifically agree that all representations, warranties,
agreement, responsibilities, obligations and comments specified herein shall survive the execution,
delivery and recording of the warranty deed required by Section 10 hereof, shall remain in full force and
effective thereafter, shall not be merged in or extinguished by such execution, delivery and recording of the
warranty deed, shall inure to the benefit and bind the successors and assigns of Buyer, and shall be a
covenant running with the title to the property.
(d) At the time of closing and delivery of possession, this agreement shall be recorded with the
Johnson County Recorder. Upon issuance of an occupancy permit as provided for in paragraph 18(b)
above, the Director of the Department of Housing and Inspections Services for the City of Iowa City is
authorized to issue a release of the covenants in said paragraph sufficient for recordation with the
Recorder of Johnson County, Iowa.
(e.) This contract is subject to and conditioned upon formal approval by the City Council of Iowa
City, Iowa, pursuant to Iowa Code 9 364.7. If this contract is not formally approved by the City Council of
Iowa City, Iowa, it shall be null and void.
BUYER ~ / /' /
Ie/I" {nAfi/~c~I/04.1{..C
By: t3!:~ ~~/ ~I...v Date: S-/("-t? 6
(Name'&Title)
By: Date:
(Name &Title)
This offer is accepted , 2006, subject to and conditioned upon formal approval by
the City Council of Iowa City, Iowa, pursuant to Iowa Code 9 364.7.
CITY OF IOWA CITY, IOWA
By:
Stephen J. Atkins, City Manager
SELLER'S ACKNOWLEDGEMENT
APPLICATION TO CITY OF IOWA CITY
PURCHASE OF PROPERTY LOCATED AT 426 BAYARD STREET, IOWA CITY, IOWA
(Add supplemental pages if necessary)
State the names, addresses and telephone numbers of all persons and entities interested in the
proposed contract.
B~ rJt.O"/<"'.J5l II'll f/.::k",. "I"e. \,<1~lI......"\.,rl/- 5~3St 3/Q-631-o4<J6
(
t?k DC"""'''j~ ~tN c..t-uf'PS /5G"i/ It'lcDo1l.Ovjl 319 -63 J -O'IOS
State and describe any completed work of a similar character to that to be performed in the
proposed contract.
~t!e C<.t/4r L)
I~-He rj:
List references that will enable the City to judge the financial ability, character, experience, skill
and business standing to insure that the applicant would be able to comply with the provisions of
the proposed contract.
5ce
aH.., l14)
I.eHI!{"~ t
If known, provide a complete list of persons, firms or other parties to whom applicant proposes to
award a contract or subcontract for completion of the provisions of the proposed contract.
, fYkDo"~J l
<{ frllt!: 1vf't" ~
Date:
(Name &Title)
(Address)
..----.".-------....-
To Whom It May Concern:
McDonough Structures has done dozens of remodel and construction projects in and
around Iowa City since 1993. Projects have ranged from completely gutting and
rehabilitating old farm houses to indoor pool and basketball court additions. The
company is known for the highest quality craftsmanship and energy efficient building
practices. You can find examples of McDonough Structures projects and building
philosophies at www.mcdonoughstructures.com.
There are a few things that make this project personally important and exciting to me.
The first reason is that I wish to make it my own residence, which I hope will show how
dedicated I will be to make the property great. Another reason being that my brother
Scott is planning a similar project three blocks away on Richards Street. The thought of
being so close to see my nieces and nephew is very appealing to me and another reason to
make the project of as high of quality as possible.
I don't know if it has any bearing on my capabilities but thought my plans would be of
interest. What I would like to do with the property is rehabilitate the present structures
and add either a two-story garage addition or a separate carriage house on the lot with the
present house. The house will need to be stripped down to the interior studs so that it can
be rewired, re-plumbed, and properly insulated. It will take everything from a new
foundation being poured to new roofing material being applied. The present garage
would then act more as a garden shed for the entire property.
I realize the work to be done is extensive and will require diligence to accomplish it all in
a timely matter. I not only feel I can do this but believe that I can do it in a way that will
make me friends and not just neighbors in the community. I have heard pieces of the
story that brought the property to this condition and would like to begin the remodeling
as soon as possible to make the whole neighborhood happier.
I have discussed this project with a banker from Grinnell State Bank. I have worked with
him before and have a solid business relationship. He has approved my request for
financing to take this project to its full potential.
I have tried to collect a few remarks from people who would have some significance in
the life of this house if! were to be awarded this contract. Please feel free to contact me
if you need more information. I would be delighted to discuss my hopes and dreams for
this proj ect further.
Thank you,
:J7-/ ~
Brad McDonough
(319)631-0406
T
~1& -I =:23e'h 5treel =: Norlh LIl::>erl~, IA &2311
OffIce 31~.E>6S.4141 =: Cell 31~.E>31.040& =: Fax 31~.E>E>S.4142
Emall ecottemcdonoughetructurse.com
www.mcdonoll<Jhshlldllres.com
5-1 5-06
To: 426 Bayard Street
Please consider us for the opportunity to own 426 Bayard Street.
Brad and I are aware of the anxiety that this house has caused the neighborhood, and city
offices. It is our intent to return this property to the status it should be with as little impact on
the neighborhood as possible. We will make it architecturally pleasing and environmentally
friendly. Considering the "mood" of the neighborhood about this property; it is our intent to
work with the neighbors as much as possible to keep them informed and pleased with us.
We would also entertain any requests that the city might have for us.
My wife and I are buying the property at 117 Richards Street for our family to live. We will
do a construction project at that house similar in scope to this property. I mention this so
you have re-assurance in our intentions. I will personally be living in the neighborhood. I
want to make sure the integrity of the neighborhood is upheld, peace is kept with the
neighbors.
As an added bonus I would be able to live close to my brother, and my kids will have the
opportunity to spend a lot of time with their uncle.
On the business end of things it is always nice to have a project in a quality neighborhood.
We have done others in this area and have been proud of the end result.
Some of these projects are located at:
330 Lee St
262 Black Springs Circle
425 Beldon Ave
1019 Ryder St
Please look at our web site: www.mcdonouahstructurescom for examples and our building
philosophies.
Thank You,
Scott McDonough
O~/12/08 FRI 11:33 FAX 841 2384329
Gr Innell otUce
Ii!I002
Montie L. Hammond
Asst. Vice President
814 Fourth Avenue
Grinnell, lA SO 112
(641) 236-3174
May 12, 2006
TO: Whom It May Concern
This letter is to serve as a colDJ:l1itment to finance Bradley W McDonough for the purchase and remodeling of the
property located at 426 Bayard, Iowa City, Iowa. Mr. McDonough has applied and been approved. We have
worked with Mr. McDonough on a couple of other projects in the area and they went very well.
If you have any questions, or need anything further, please cal1 me at the above number.
ft~r vD
Montie L. Hammond
To Whom it may concern:
I have worked with Brad McDonough over the last 5 years on a number of projects. I
have seen great care go into his projects. The end-result has always been something he
can be proud of. He is focused on green building with state of the art energy efficiency.
Eric Waddell
Sales Manager
Pella Windows and Doors
2030 Kcokuk SI. . Iowa City, Iowa 52240 . (319) 337-3324 . PAX (319) 356-6272
May 15, 2006
To Whom It May Concern:
Brad McDonough has done business with our company for many years. He is forthright
and honest. He is a good upstanding young man and takes care of business and has a
great reputation.
&~
"A Policy of Workinu TouetlJer"
HClME . Ff\HM . BUSINESS . AUTOMOBIl"E . HECHEATION,\L VEHICLES . LIFE' HEALTH . LONG-TEHM Ci\HE
wvv\v. flccnerlnsurance.com
WILL J. HAYEK 1119&-19&2)
JOHN W. HAYEK
DAVID E. BROWN
JOSEPH T. MORELAND
MATTHEW J. HAYEK*
ALISON WERNER SMITH
HAYEK, HAYEK, BROWN, MORELAND & HAYEK, L.L.P.
ATTORNEYS AT LAW
120'1. EAST WASHINGTON STREET
IOWA CITY, IOWA 62240-3176
TELEPHONE (318) 337-8606
FAX (318)338-7376
www.hhbmlaw.a:rn
OF COUNSEL:
C. PETER HAYEK
.ALSO LICENSED IN ILLINOIS
May 15,2006
City ofIowa City
Housing and Inspection Services
Attn: Ms. Jann Ream
410 E. Washington Street
Iowa City, Iowa 52240
Re: Brad McDonough/426 Bayard St.
Dear Ms. Ream:
It is my pleasure to offer this letter of recommendation on behalf of Brad McDonough's
application to purchase 426 Bayard Street from the City ofIowa City_ Brad has been a client of
mine for several years, as has his brother, Scott McDonough. Scott and Brad will be partnering
on the Bayard Street project.
I have assisted Brad with the acquisition or development of several real estate parcels in
the area and can attest to his professionalism and abilities. Brad is a skilled carpenter and
remodeler. He offers a significant level of business acumen. He is a decent man.
Scott McDonough has turned McDonough Structures, Inc. (also a client of mine) into a
successful, cutting-edge general contracting firm specializing in the remodeling of historic
dwellings. Thc hallmark of McDonough Structures is a combination of modem building science
and timeless building methodology. The firm has remodeled many historic dwellings in the
community and understands the aesthetics involved in taking on a project in a neighborhood like
Manville Heights. Many contractors cut comers and use cheap materials. McDonough
Structures is of an entirely different breed. I have, on numerous occasions, described the
employees of McDonough Structures as artisans and craftsmen. Their attention to often-ignored
issues like air movement, mold and "green" insulation and heating/cooling techniques is what
sets them apart from most builders.
In addition to representing Brad McDonough and McDonough Structures, I employed
both of them in connection with remodeling work at my 1920s Craftsman home at 714 Brown
Street. My remodeling efforts were recognized by Friends of Historic Preservation in 2005.
Brad and McDonough Structures played a major role in the remodeling project. I speak from
experience when I describe their work ethic, professionalism and sensitivity to historic
structures.
The City of Iowa City will be hard-pressed to find a better steward for historic property
than Brad McDonough and his brother's firm, McDonough Structures.
Sincerely,
Matthew 1. Hayek
MJH: rah
Laura Stern
2254 S. Riverside Dr. #38
Iowa City, IA 52246
~/
~~
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=~-5..-IO...
!~~~'"!.
~;""'T"IKII'
....... ..
CITY OF IOWA CITY
June 14,2006
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Dear Ms. Stern:
The following is in response to your letters to the City Council dated May 27th. I
appreciate your request to extend the time for written statements and related exhibits;
however, the ending date of June 15t was strictly with regards to the required time for
transcript comments for the environmental assessment. This date was set by the
advertisement for the public hearing in conjunction with the public availability of the
environment assessment. It does not restrict your ability to continue assessment and
comments regarding this project and corridor, but only ends the comment period for the
respective environmental assessment.
With regards to the investigation into a fourth route for the new arterial street and bridge,
this option was analyzed as part of the original study regarding McCollister Boulevard.
Due to the environmental impacts, and recommended spacing of arterial streets, the
decision was made to exclude this option at this time. However, the connection off the
Highway 218 South exit ramp continues to be evaluated as a future option.
The existence ofthe mobile home park had no influence on the decision to locate
McCollister Boulevard at the proposed location. Rather, the location options were
determined by the most effective spacing of arterial streets and flow of traffic, as well as
environmental and construction barriers. Thank you for your comments and suggestions.
Sincerely,
~~
Brian A. Boelk, P.E.
Senior Civil Engineer
City ofIowa City
cc: City Manager
Laura Stem
2254 S. Riverside Dr. #38
Iowa City, IA 52246
~'~~
I ~ 1
~~~~-.:~
"-;"~_IIII.m-__
~aa ~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
May 26, 2006
Dear Ms. Stem:
In response to your letter to the City Council on May 23 rd, I would like to provide some
information regarding this project. The proposed extension of Mormon Trek Boulevard
is referred to as McCollister Boulevard east of Riverside Drive, and is currently in the
concept and preliminary design stages. It is proposed to be a 34' wide cross-section that
will be a part of a regular spacing of arterial streets in our city. This same arterial street
also passes through Sand Hill Estates, a new single-family residential development.
Future plans are to continue McCollister Boulevard east of South Gilbert Street and
eventually connect to Highway 6 at Scott Boulevard. Please note that Scott Boulevard, a
similar arterial street, passes next to two manufactured home parks, Modern Manor and
Sunrise Village, as well as a number of conventional neighborhoods. As with the existing
Scott Boulevard, it is anticipated that a variety of uses will continue to exist or develop
along McCollister Boulevard, as they have done on Scott Boulevard.
The consulting firm designing McCollister Boulevard has provided two alignments for
the street at this time, with a final recommendation to come following further
geotechnical (soil) testing. Such testing is needed to delineate the boundary of the old
City Landfill that is located south of the Thatcher Mobile Home Park. Due to constraints
from the old City Landfill and the S&G Quarry east of the river, the proposed alignment
corridor is the only viable option as numerous options have been studied and analyzed.
The ability to locate the street further south is not realistic as the old City Landfill and
existing S&G Quarry do not provide an adequate base or surface to place a street.
As a correction to your letter, McCollister Boulevard is considered a city street and not a
highway. In addition, the northerly alignment option, which impacts the mobile home
park directly, would consist of a roadway that is roughly 85' or more from edge of curb
to your existing mobile home location. You reference 15' in your letter. In addition, it
has been assessed that the northerly alignment Cftion will displace only the three
southern most mobile homes due to right-of-way needs and the construction grading
limits. All other mobile homes will not need to be displaced or purchased. Also, the
miles and miles of public property you reference to the south do not exist, as there is only
about half of a mile south, all of which is the former City Landfill.
I understand your concerns and we certainly plan on evaluating the wildlife and natural
setting aspect of this location during the design phase. Ways to minimize the impact on
the mobile home park will be evaluated, as will the concern with safety of both animals
and people in this community. Thank you for your comments and time.
Sincerely,
~c:1~
Brian A. Boelk, P .E.
Senior Civil Engineer
City ofIawa City
cc: City Manager
-'
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~~Y"
........ ...
CITY OF IOWA CITY
June 6, 2006
Residents on College St between 7'h Avenue and City High
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.arg
Re: Meeting to discuss traffic calming on College Street
Dear Resident:
The City has received a petition from residents of College Street between 7'h Avenue and City High to
have this portion of College Street considered for the City's Traffic Calming Program. The City completed
a traffic evaluation and determined that this street qualifies for the program based on the traffic volume
exceeding 500 vehicles per day.
The next step in the traffic calming process is to have a neighborhood meeting to discuss the possible
traffic calming measures. The purpose of the meeting is to develop a neighborhood consensus on a
preferred traffic calming measure. Examples of traffic calming in your neighborhood include the speed
humps on 4th Avenue near Court Street and the traffic circles on College Street and Washington Street
near Summit Street.
If a consensus can be reached, we will then conduct a survey of residences that would be impacted. The
intent of the City's traffic calming program is to install traffic calming features oniy if that is the desire of
the neighborhood.
Please consider attending the meeting on:
Tuesday, June 20, 2006
7:00 p.m. at City High
in the Commons Area, 1st floor
1900 Morningside Drive
I expect the meeting to last no more than one hour. If you cannot attend, please feel free to contact me
with your comments or questions at 356-5254 or anissa-williams@iowa-citV.orQ.
7I.nissa Williams
JCCOG Traffic Engineering Planner
cc: City Manager
City Council
Jeff Davidson
Karin Franklin
Marcia Klingaman
Rick Fosse
Ron Knoche
Bud Stockman
John Sobaski
Jccogtp/ltr/collegestmtg.doc
From Council Member Correia
ULJ
Issue Two' Spring 2004
I
.
ouslng organizing
Inclusionary Zoning and Community Organizing
This issue of Housing Organizing is about inc1usionary zoning - a technical,
but effective, strategy for producing affordable housing that first appeared
on the scene some 30 years ago. However, it is also about a lot more - orga-
nizing, organizing and more organizing.
The Center for Community Change (CCC) is convinced that many of the
solutions to the nation's affordable housing problems lie in the vision, strategies
and tactics adopted by community groups that embrace organizing as their pri-
maty means for social change. In this newsletter we will highlight some of the
effective work that local organizations are doing atound affordable housing. The
pages of this newsletter aim to inspire, and when necessary, challenge, the orga-
nizing sector and other sectors of the social justice arena to replicate this work
and to consider innovative ways of achieving a broader and deeper impact on
America's housing crisis.
To be certain, there are many attributes of organizing that have been tested
and refined over the years. However, there are fundamental elements to the ap-
proach that in one or more ways run throughout most of the profiles described in
this newsletter. And it's because of these attributes that we chose to profile these
particular groups and their work.
Community organizing emphasizes large numbers. confronting power
and altering the dynamics of power. In large part, community organizing is
about mobilizing large numbers of people and, when necessary, getting them
to apply pressure on unaccountable individuals and institutions in an effort to
change their behavior. This is what the Chicago Balanced Development
Coalition did each of the last two years it mobilized 1,200 people outside city
hall in support of an inclusionaty zoning measure. And what Congregations
Organizing for Renewal (COR) did when it brought together 300 people to
educate the mayor and city council members of Hayward, California about
inclusionaty zoning. The Los Angeles ACORN chapter did the same in Sep-
tember of 2003 when it took over the rental offices of two new luxury apart-
ment complexes to protest the lack of affordable housing.
Community organizing is about relationships - not only altering the re-
lationship of power between community members and unaccountable indi-
viduals and institutions, as described above, but also building relationships,
one-on-one, between the organizing group and the community and within
the community itself. This was the approach used by the San Diego Or-
continued on page 2
sid
Inclusionary Zoning: Building support for the
development of affordable hOUSing ... .................. 3
PROFILES
San Diego Organizing Project.. . ................... 6
Congregations OrganiZIng for Renewal............ 7
Massachusetts Affordable Housing Alliance .... 9
Great River Interfaith Partnership..... ............11
ISAIAH... .....13
Los Angeles.. . ........... 15
Balanced Development Campaign. ...16
Resources.....
Intervlew:Helene O'Brien .
.........17
.......................18
. CENTER/o,
. COMMUNITY CHANGE
Jfl. CENTERi"'
11. COMMUNITY CHANGE
The Center for Community Change is a
national nonprofit that assists low-income
people to build the power and capacity
to change their communities and public
policies for the better. eee helps these
groups develop their organizations. orga.
nize their communities and develop suc-
cessful issue campaigns. Housing Orga-
nizing is meant as a tool for these groups
as they address the growing affordable
housing crisis. Drawing on the work and
expertise of the Center, grassroots groups,
and other organizations, this newsletter will
be a source for ideas, strategies, resources.
and examples of the most innovative and
promising solutions to housing needs
around the country
Articles from this newsletter may be reprinted
(credit will be appreciated), To comment
on or provide materials/stories for the
next issue, or \0 be added to the mailing
list, contact Dushaw HocketL at dhockell@
communitychange.org.
Center for Community Change
1000 Wisconsin Ave., NW
Washington, DC 20007
2023420567
The Center for Community Change wel-
comes support from individuals, founda.
tions. corporations and other institutions.
There are many ways to contribute, You
can donate by check or credit card to the
Center for Community Change. 1000 Wis-
consin Avenue. NW. Washington. DC
20007 _ Or you can donate through our
website (www.cormnunitychange,olg)
We also welcome gifts of appreciated
stocks_ The Center has many opportunities
to match your gift. Please call our Director
of Development Karen Stults, at 202.342-
0519 for details.
Housing Organizing is also available on our
website:
www.communjtychangc,org
Winton Pitcoff, editor
2
Zoning
continued from page 1
ganizing Project (SDOP), a faith-based group, when leaders in irs member
congregations visited 4,000 families in order to spark a relationship and iden-
tify their core cOncerns. This process later led SOOP to launch its organiz-
ing campaign on inclusionary zoning.
Community organizing builds community-based leadership. At its best,
organizing seeks to give to those who participate in the process the confi-
dence and capacities needed to change their communities (and in many cases
their own life circumstances). This is what Sarah Gleason of the Minnesota-
based organizing group, ISAIAH, describes when she ponders, "How do
you go from people who have personal problems relating to affordable hous-
ing, to getting them talking about density bonuses with legislators? That's a
The Center for Community (CCC)
that many of the solutions to the affordable
housing problems lie in the
adopted by community that
organizing as their means tor social
real process, a real politicization that is very powerful. The path for moving
from outrage about a personal situation to being effective public policy ad-
vocates is challenging and exciting at the same time."
Community organizing acknowledges immediate self-interests. This is
what Helene O'Brien, National Field Director of ACORN, talks about when
she describes the organization's work in San Jose and other parts of Califor-
nia to get a city-funded rent deposit fund in response to residents having a
hard time paying rent deposits.
This is part of the richness that is organizing, yet these stories tell much more.
All this is why the Center for Community Change believes that within organiz-
ing community lie'many solutions to America's housing challenge.
We hope that sharing the experiences of these organizing efforts will spark
new initiatives and make a difference in the work of local groups. We also en-
courage readers to tell us what you think about the newsletter. And thus, we look
forward to your feedback. I
Inclusionary zoning policies require residential developers to
include homes that are affordable to low- and moderate-income
households in their developments.
Inclusionary Zoning
Building support for the development of affordable housing
Housing organizers throughout the country are seizing on the resurgence of
interest in inclusionary zoning policies as an opportunity to build support
for the development of affordable housing. Inclusionary zoning policies
require residential developers to include homes that are affordable to low- and
moderate-income households in their developments. These policies have been
around for the last thirty years, so why all the renewed attention? lnclusionary
zoning campaigns are appealing to (housing) organizers because the policy:
Creates and sustains mixed communities. Inclusionary zoning fosters
communities that are racially and economically mixed. Inclusionary zoning
ensures that there is a place - both physically and conceptually - for low-
and moderate-income residents in developing communities. While most of
the experience with inclusionary zoning is
in newly developing areas, it can also be a
valuable tool in countering the effects of
gentrification.
Leverages resources from the private
sector. As revenue shortfalls threaten local
publicly-funded programs, inclusionary
zoning policies leverage development by
the private sector to contribute a fair share
to the stock of affordable housing.
By leveraging
private sector
development,
these programs
typically exact
very little public
cost while
producing easily
identifiable results.
Works to address the housing needs of
low-income workers. The principle that
affordable housing units should be incor-
porated in new market-rate developments
advances the broader objective of provid-
ing a stable housing supply for all residents who work within the community.
Is a winnable strategy. Inclusionary zoning is a critical component of a com-
prehensive housing strategy that addresses the full spectrum of affordable hous-
ing needs. By leveraging private sector development, these programs typically
exact very little public cost wlUle producing easily identifiable results.
Inclusionary housing policies became part of the affordable housing movement
in the 1970s. When the U.s. Depattment of Housing & Urban Development imple-
mented its first major programs to support the construction and rehabilitation of
housing for low- and moderate-income households in the late 1960s, and the goal
of socio-economic integration was embodied in federal policy in the Housing and
Community Development Act of 1974, inclusionary zoning found a foothold in
local housing policy. Innovative policies were implemented initially in Montgom-
ery County, Maryland and throughout California and New Jersey. In the 1980's,
inclusionary zoning ordinances became increasingly significant as the Reagan ad-
ministration effectively eliminated federal funding for new subsidized housing.
continued on the following page
State Enabling
legislation
Land use regulation by local governments is
governed by state enabling laws. Whether
express statutory authority is required for a lo-
cal jurisdiction to enact an inclusionary zon-
ing policy depends on the governance struc-
ture between the state and local government
In some cases, these laws may Cluthorizc or
even require local governments to address af.
fordable housing needs as they regulate de-
velopment. providing a strong argument for
adoption of an inclusionary zoning ordinance
Consult with an attorney to determine whether
your local government has the authority to pass
an inclusionary zoning law,
Takings
The "takings" issue refers to whether a land
use regulation is so restrictive that the gov-
ernment has effectively taken land without
payment of just compensation to the owner.
in violation of the US Constitution. Based on
the Supreme Court's interpretation of the is-
sue, many jurisdictions adopting land use
regulations conduct "nexus studies" in order
to (1) demonstrate the impact of market rate
developments on the availability of afford-
able housing: and (2) show the relationship
between the impact of the development and
the amenity the developer is required to pro.
vide. In order to preempt a takings challenge,
some jurisdictions compensate the developer
through density bonuses or other zoning vari-
ances or benefits like fast track permitting and
permit fee waivers, No inclusionary zoning
regulation has been overturned in court when
it has been accompanied by appropriate in-
centives or regulatory alternatives.
3
Mandatory \IS.
Voluntary
In an effort to seem supportive of affordable
housing, elected officials may offer measures
to allow developers to voluntarily select
whether they provide affordable housing, But
a quick look at the literature about inclusionary
zoning confirms what common sense tells you
- for inclusionary zoning to work, it must be
mandatory. Studies and real-world examples
have shown that voluntary inclusionary zon-
ing is simply not sufficient to induce most de-
velopers to change their practices to include
affordable units.
A national study conducted by the Minnesota
Housing Finance Agency reported that "man.
datory inclusionary housing produces more units
than voluntary efforts," One author' writing in a
publication of The National Housing Confer.
ence noted, "There are many Jurisdictions that
have voluntary. or incentive-based. inclusionary
zoning ordinances. The problem is that most of
them, because of their voluntary nature, pro.
duce very few units." Even the National Asso-
ciation of Realtor's website notes, "voluntary pro-
grams rarely succeed"
Cambridge, Massachusetts had voluntary
provisions in some of its zoning districts for
ten years: however. no affordable housing
resulted, In March 1 998 the city enacted a
mandatory ordinance tflat applied citywide.
and in the first five years after it was enacted
131 affordable units were created, while
another 130 were in the pipeline
Boulder. Colorado had a voluntary
inclusionary ordinance during the 1980s and
'90s. but it was not effective. and so a man-
datory ordinance was created in 2000. In
three years 150 affordable units were built
on-site. and an additional 150 affordable
units were built through in-lieu fees.
4
Inclusionary Zoning
continued from the previous page
\iVhile inclusionary zoning ordinances reflect a simple and reasonable con-
cept, they are complex in their formulation. Housing organizers should familiar-
ize themselves wirh basic policy choices rhat need to be made carefully and
deliberately to craft an effective program that will both meet stated, objectives
and be legally defensible, and in particular should be aware of their states' laws
concerning the authority of localities to regulate land use (see sidebar: "State
Enabling Legislation"). Some key elements for success, based on evaluations of
existing inclusionary programs, include the following:
Scope: Adopt a mandatory, rather than an incentive-based or voluntary, zon-
ing ordinance (see sidebar: "Mandatotyvs. Voluntary"). Ensure that inclusionaty
zoning requirements cover all new residential developments providing an al-
ternative to on-site construction of affordable units for small projects.
Set-Aside Requirements: Work to ensure that a significant percentage of
the units in the development serve lower income households.
Income Targeting: Secure targeting to very low income and extremely low
income households by identifying additional resources, such as housing trust
fund dollars or federal bousing choice vouchers, which can be used to buy
down the affordability of the set-aside units.
Length of AlTordability: Require that units remain affordable for extended
periods of time to ensure that low income families have access to the afford-
able units and to build the stock of affordable housing. Establish an "affordability
control period" that will require that the inclusionary units remain affordable
for the longest feasible time. Consider requiring that part of the appreciation
in the value of the property be recaptured and deposited into a housing trust
fund or other affordable housing program when the unit is sold, to help re-
place the affordable unit. Provide a right of first refusal to your local housing
authority or nonprofit developers to purchase affordable units in order to reach
lower income families and ensure long term affordability.
Compliance Alternatives: Where a developer can demonstrate that pro-
ducing affordable units on-site would impose a significant hardship, per-
Examples of Successful IZ Policies
Jurisdiction
Date Established
# of Mfordable
Units Produced
Montgomery County, MD
1974
11 .000
Fairfax County, VA
1990
1.735
Irvine. CA
1977
4.469
Santa Barbara County, CA
1993
2.000 +
mit other options to satisfy the affordable housing production goals, such
as off-site development of the affordable units; in-lieu fees that could be-
and in many existing cases already arc - committed to a housing trust fund;
or dedication of developable land. These options should approximate or
exceed the value of the inclusionary housing production requirement to
provide an incentive for compliance with the on-site development require-
ment, and should be granted on the basis of a special application rather
than owner-elected opt-outs.
Production Timing and Design: Require that inclusionary units be pro-
duced before or concurrently with the market rate units, that they be dis-
persed throughout the development, and that they share the same basic
design features.
Developer Concessions: Incorporate incentives or concessions into the
ordinance to off-set the cost of providing the inclusionary units. Many
options are available, including: increase in the allowable density (den-
sity bonus); a waiver, reduction or deferral of fees; a faster process for
securing applications and permits; or modification of certain zoning or
building requirements.
Administration and Enforcement: Incorporate a manageable method for
monitoring compliance with the inclusionaty zoning requirements.
Most of the opposition to inclusionary zoning ordinances come from devel-
opers who will challenge the legality of the requirements and residents who
don't want affordable homes or increased density in their neighborhoods. A
threshold determination that can undercut developer opposition and help avoid
a "takings" challenge (see sidebar "Takings") is whether and to what extent
developers might be compensated for the affordable units that are included.
Organizers around the country are engaging in more and more inc1usionary
zoning campaigns, and are already winning significant victories, some of which are
profiled in this issue of Housing Organizing. As their stories reveal, creating effec-
tive inclusionary roning ordinances that truly provide housing opportunities for
lower income households is a challenge. Yet inclusionary zoning ordinances have
created thousands of affordable housing units in this country that would not other-
wise have been produced. Organizing campaigns that result in inclusionary zoning
ordinances can lay claim to having won sustainable change that will impact the
furore growth of their communities and make them far more just places to live. I
Resources
Inclusionary Housing in c"lilomia: 30 Yea" 01 Innovation California Coalition for Rural Housing and Non-Profit Hou.ng
Association of Northern California. 2003.
Expanding Housing Opportunity in Washington. D.C.: The Case for Inclu.onary Zoning. Policylink. 2003.
Inclusiona/}' Zoning: Policy Considerations and Best Practices. California Affordable Housing law Project of the Public Interest
law Project and Western Center on law & Poverty. 2002.
Opening Ihe Door to Inclusiona/}' Zoning. Business and Professional Prople for the Public Interest 2002.
"
Most of the opposition to
inclusionary zoning ordinances
come from developers who will
challenge the legality of the
requirements and residents
who don't want affordable
homes or increased density in
their neighborhoods. "
5
PROFilES
Three years ago, when rhe San Di-
ego Organizing Project (SDOP)
heard from its members that af-
fordable housing was becoming a
critical issue, the group launched a
campaign rhat has already resulted in
the passage of an inclusionary zoning
ordinance in the city. That victory was
just the beginning, rhough, says Ex-
ecutive Director Stephanie Gut, and
the ordinance has served as a "wedge
into housing" for the group, which
has quickly become recognized as a
powerful player in rhe housing arena
in the city.
SDOP is a fairh-based grassroots
community organization that repre-
sents 40,000 families in rhe San Di-
ego region. Skyrocketing rents and an
increase in evictions prompted the
group to take on housing as an issue
area in rhe fall of 200 I, after leaders
in member congregations visited with
4,000 families, and surveyed an addi-
tional 15,000, and found rhat more
and more families were leaving the
area because of housing problems.
The group's work began wirh 150
research meetings, with teams of lead-
ers meeting with banks, developers,
property owners, professional associa-
tions, allied organizations, and elected
officials, all in an effort to learn about
affordable housing and develop a plat-
form. That platform included a request
that the city declare a housing crisis
and develop a comprehensive action
plan to address rhat crisis. In particu-
lar, the platform called for increased
protections for renters, an increase in
rhe supply of multi-family and single
family homeownership opportunities
6
San Diego Organizing Project
Inclusionary zoning as a "wedge into housing"
for first time home buyers, and rhe es-
tablishment of a permanent local rev-
enue stream dedicated to support
affordable housing.
At the same time a city council
member put forward rhe idea of an
inclusionary zoning ordinance, and
SDOP began organizing in support
of rhe measure. The group, along with
allies from rhe labor community as
well as other housing organizations,
made presentations at hearings before
the city council in the spring of 2 00 I,
and held a series of 13 local commu-
nity meetings attended by hundreds
of people. Seven of the city's nine city
council members attended at least one
of the community meetings, during
elared a "housing day" on August 6,
2002, an eight-hour event attended by
900 people. On rhat day the city coun-
cil declared a housing emergency,
agreed to form an affordable housing
task force to develop a plan for the
city, and passed an inclusionary zon-
ing ordinance requiring that develop-
ments set aside 10% of new units as
affordable.
Getting rhe council's support for
the ordinance was difficult, says Gut.
Even the council members whose
constituencies consisted of families
that most need housing support were
hesitant, in large part because of ag-
gressive lobbying from local develop-
ers in opposition to rhe plan. The
"Some of our best work was in making our people
understand that as modest as this proposal was, it
was a tactical step that would help us move our larger
strategy. that would momentum to the rest
of the hOlJsing platform."
~Stephanie Gut, Executive I)i,eeto" San Diego Organizing Project
rhe course of which rhey were asked
to support SDOP's platform and rhe
incIusionary zoning ordinance.
In June of 2002 several rhousand
people gathered in support of the
platform and agreed to work togerher
to implement it. That garhering in-
cluded four city council members,
representatives from labor unions and
the business community, and many
SDOP members.
In response to a request issued
from rhat garhering, rhe mayor de-
developers' argument was that the
measure would provide only a very
small number of units and that a com-
prehensive solution would be more
appropriate, says Gut. "We agreed,
but inclusionary zoning was what was
on the table and it was an opportu-
nity to support a policy that con-
cretely began to address rhe affordable
housing crisis."
That the measure was only a small
step toward a comprehensive solution
added an additional layer of work to
PROFilES
the campaign, Gut adds - educating
SDOP's own members about the
value of the ordinance. "It was hard
to tell our folks that we were fighting
for something that would benefit
people earning $70,000 a year - 120%
of the median income," she says.
"Some of our best work was in mak-
ing our people understand that as
modest as this proposal was, it was a
tactical step that would help us move
our larger strategy, that would give
momentum to the rest of the housing
platform. "
In San Diego's already conserva-
tive political climate, Gut adds, city
council members were hesitant to
support a measure they thought the
market should take care of on its own.
"They were also concerned they
wouldn't see any political gains from
supporting it," she says, "because it's
hard to get quick, short-term results
in the confines of a four-year election
cycle. It's not as if thousands of homes
are being created with this ordinance,
it just provides the opportunity for
that to happen."
During the campaign in support
of the ordinance, SDOP commis-
sioned a poll of San Diego residents,
which found that 71 % of respondents
were concerned or very concerned
that their children and grandchildren
would not be able to live near them
because of housing prices, and that
more than half knew somebody who
had moved in the last year as a result
of the housing crisis. These poll re-
sults and the extensive media atten-
tion they garnered went a long way
in earning the city council's support
for the measure, says Gut.
As a PICa affiliate, SDOP ben-
efited from assistance from national
leaders who "visited a number of
times and helped us reflect on where
we were, where we had come from,
and where we wanted to go. They
helped us frame the issue as one of
housing for all, rather than just a poor
people's issue. That's why it ended up
having political legs, because the
middle class is being squeezed too."
In June of 2003 the housing task
force, which included representation
from SDOP, submitted more than 60
detailed recommendations on poten-
tial changes to the city's housing poli-
cies and programs, to the city council
for consideration. The council is
slated to begin considering them this
Spring, and SDOP is gearing up to
organize its members in support of
the task force's recommendations. I
San Diego Organizing Project
619.285-0797
http://www.sdop.net
.___...._~._~~~~~^.^__~_._.___..._..__..~_~~ ~~__~____.....___~._~__~__..m_.._~___~~___.______________.. .. ...." ...____~~~~.^_^ __.....".._._"....._._~ _._.__.~~.__~..."...".._.~.m
Congregations Organizing for Renewal
Taking a regional approach in California
For Congregations Organizing for
Renewal (COR), in Hayward,
California, taking on housing as
an issue was an easy decision. Over
the years the group has worked on
after-school programs, safety issues,
access to health care, and other issues,
but when the group put the question
of what was the most pressing issue
to its 13 member congregations three
years ago, housing rose to the top.
"We heard from people who were
having a hard time making the rent,"
recalls Regina Martinez, COR execu-
tive director. "People who wanted to
buy homes but couldn't. People who
had been comfortable in their homes
but were now being affected in dif-
ferent ways, some because of grown
children moving back home. We even
heard from one woman who was up-
set that she had to keep changing hair-
dressers because they couldn't afford
to stay in the area."
Talking with local housing groups
and attending conferences was the
first step in the group's effort to de-
termine what policy strategies they
would advocate for to make the great-
est difference in the affordable hous-
ing situation in the five cities the
organization serves - San Leandro,
San Lorenzo, Hayward, Fremont and
Union City.
A local association of nonprofit
housing developers worked with
COR as the group explored possible
ways to approach the issue, and
inclusionary zoning "kept rising to
the top," says Martinez. Inclusionary
zoning had already been proven
to be a viable model used through-
out the state successfully, and clearly
had the potential to meet the needs
of the families the PICa affiliate rep-
resented.
At the same time, cities were hav-
ing to consider how to meet the de-
mands of the state's Housing Element
Law, which requires local jurisdictions
to demonstrate an effort to address
affordable housing. "We took advan-
tage of the fact that housing elements
continued on the following page
7
PROFILES
COR
-_._~.._.------------_._------
continued from the previous page
were right at the top of people's
screens, and that cities were under
pressure about having to report back
to the state about why they hadn't met
their goals, II says Martinez. COR pre-
sented inclusionary zoning as a way
to meet those goals.
In some of COR's cities local hous-
ing organizations had already laid the
groundwork, putting the issue of
inclusionary zoning before their re-
spective city councils. These groups
were natural allies, and COR worked
closely with them. In Union City "we
hit on the right person on the City
Council and he took it and ran with
it, and within a matter of months
Union City had an inclusionary zon-
ing ordinance," says Martinez.
While COR wasn't so lucky io the
other four cities, that victory in Union
City provided significant leverage in
those campaigos. The biggest resistance
from local governments stemmed from
the fear that passing such measures
wouId put them at a disadvantage io
comparison with neighboring jurisdic-
tions, but with Union City already on
board, leaders couId poiot out that that
issue was already being addressed.
VVhen it became clear that in some
of the cities city council members
didn't know what inclusionary zoning
was, COR took it upon itself to edu-
cate them. In Fremont, for example,
the group built relationships with a
handful of council members and held
an initial community gathering of
more than 300 people, including the
mayor and a key council member. The
theme of the meeting was 'Let Our
People Stay,' a reference to the fact
that many long-time residents and
their family memhers were finding
8
that the high cost of housing in the
area was forcing them to move else-
where. While the meeting fell short
of the goal of gerting the officials to
commit to endorsing inclusionary
zoning, they did agree to work with
COR in researching the issue further.
As a result, in November of2002 the
council appro~ed an inclusion'lry zon-
ing ordinance for the city.
Meanwhile COR was talking to
council members in Hayward, and
after Union City and Fremont passed
their measures (San Leandro had al-
ready implemented inclusionary zon-
ing prior to COR taking on the issue),
Hayward followed suit with an ordi-
nance of their own in early 2003.
In both Hayward and Freemont
those initial gatherings attracted 300-
cil members over their fears that
inclusionary zoning would harm their
cities. "We just continuously pointed
to the vast number of cities in Califor-
nia where inclusionary zoning already
was, and the fact that it wasn't deter-
ring development from happening in
any of those cities," says Martinez.
COR met with local homebuilders'
associations, but those groups refused
to support the measures and attended
city council meetings arid public hear-
ings to testify in opposition to
ioclusionary zoning. At one such meet-
ing' Martinez recalls, the homebuilders'
representative said that while they
wouId not support ioclusionary wning,
they would be williog to discuss other
measures to support affordable hous-
ing, such as commercial linkage fees.
"We just continuously pointed to the vast number of
cities in California where inclusionary zoning already
was, and the fact that it wasn't deterring development
from happening in of those "
-Regina Martinez:, Executive Director, CQf1grcg",tions Organizing for Renewa!
400 community members, some tes-
tifying about how the affordable hous-
ing crisis was affecting them
personally. Elected officials were in-
vited to come to those events and
speak, and those who showed up were
asked for commitments to support
inclusionary zoning ordinances.
Those large meetings were then fol-
lowed by many smaller meetings with
council members, educating them
about the issue and soliciting their
support. Full council meetings where
ordinances were discussed drew up to
100 COR members, says Martinez.
While there was no organized op-
position to the measures, Martinez says
it was still a struggle to get city coun-
"That's not a bad kind of opponent to
have, when they start offering sugges-
tions of how they can help," she says.
Though io each of these cities COR
had hoped for ordinances that required
all new developments to include 20%
affordable units, each ended up requir-
ing only 15%. Still, to have won victo-
ries io each of the cities they approached
was a significant victory, points out
Martinez. "It's striking that our work
in these different cities became a re-
gional shift in this part of the county."
"The overarching lesson from
these campaigns," says Martinez, "is
to pay artention to the political con-
text. In Union City we had the one
council member willing to take the
PROFILES
issue and run with it, and the fact that
we were able to identify who that was
and make it happen was a big lesson
in the need to identify those people."
"When those people don't emerge,
we learned we need to create them,"
she adds. "In F remant we took a newer
council member who didn't have much
background in housing, and worked
with him and educated him, and he
became the advocate for inclusionary
zoning on the city council."
Confrontational tactics, such as
asking elected officials to commit
their supportin front of a large gath-
ered crowd, can sometimes backfire,
Martinez says. In Hayward the group
had to do "significant repair work"
on relationships with the mayor and
council members after the initial
gathering, she says, and in hindsight
that encounter could have been
handled differently. After the mea-
sure passed, though, five of the city's
seven council members attended the
COR celebration.
Even in disagreements, COR
found new allies during the course of
the campaign. Conversations with a
local homebuilders' association failed
to gamer support for inclusionary zon-
ing, says Martinez, but the meeting was
nonetheless a positive one in which the
groups "agreed to disagree, but left
open possibilities of working together
on other things, like linkage fees."
"Housing is the most complex issue
we've tackled," says Martinez. "It's so
widespread and has so much to do with
the market. Inclusionary zoning gives
us a way to control the market." ;
Congregations Organizing for Renewal
510-727-8833
http://www.corcommunity.org/
.._..~~~~-_.,'~..^~--_.,...~~-'- -~~~-_.__..,-,-_.._---~..-_.,._~-----~--'-~-'-,...,--~~--_.~~~^-
Massachusetts Affordable Housing Alliance
Shining a light on luxury development
While the city of Boston, Mas-
sachusetts has a history of
mayors who have been sup-
portive of affordable housing, the city's
inclusionary zoning ordinance is rela-
tively new. Under Mayor Raymond
Flynn, who served until 1993 , there was
no formal inclusionary zoning law, but
his administration often required devel-
opers to include affordable housing in
their projects on an ad hoc basis.
As development boomed in the
city in the 1990s, organizers and hous-
ing advocates worked to develop
funding streams to support the devel-
opment of affordable housing. In
1999, Mayor Thomas Menino was at
the height of his popularity. A group
of housing organizations, including
the Massachusestts Affordable Hous-
ing Alliance (MAHA), a statewide or-
ganizing and policy advocacy group,
made the issue of affordable housing
a very public issue, and aimed to make
the news coverage reflect poorly upon
the administration.
With two major luxury housing de-
velopments under construction at the
time, MAHA researched these ptojects
and held them up as examples of hous-
ing disparities in the city. "The
grassroots research we did - taking pho-
tos of the buildings under development
and getting information from their sales
offices - helped our members under-
stand the issues," says MAHA Execu-
tive Director Tom Callahan. "We were
fortunate to have this dramatic high-end
target to point to." Communities often
see developers as non-responsive and
greedy, he adds, and so see measures
that require only 1 0 or 15 % set asides
as "the least the developers can do."
A seemingly minor but nonethe-
less challenging obstacle to organiz-
ing around inclusionary zoning is the
name of the concept itself, says
Callahan. "We never came up with a
different name, and always ended up
having to explain it to people. Nobody
instinctively gets what it's about based
on just saying 'inclusionary zoning. '"
Along with other coalition mem-
bers that included the Boston Tenant
Coalition and a handful oflocal CDCs,
MAHA met with city council mem-
bers and the head of the city's Depart-
ment of Neighborhood Development.
That meeting of about 30 people was
the only major event of the campaign,
but it proved to be enough.
In early 2 000 Mayor Menino issued
an executive order on inclusionary
zoning. The order requires that all
developments must either include ten
affordable units for every 100 market
rate units built, or 15 in-lieu payments
of $52,000 per 100 market rate units
built. The in-lieu payments go to the
Boston Redevelopment Authority
(BRA), which uses collected funds for
affordable housing. As of the end of
2002, 177 affordable units were cred-
ited to the order, as well as $1.7 mil-
lion in in-lieu payments. Callahan says
that in some cases in-lieu payments are
more desirable than on-site units, par-
continued on the following page
9
_..~,-----_._..- ---~._.._---"-------_."--~
PROFILES
Massachusetts
continued from the previous page
ticularly when the locations of the de-
velopments are in non-residential and
non-racially diverse neighborhoods,
such as some recent luxury complexes
developed in Boston's downtown.
\Vhile an executive order is weaker
than an ordinance, Callahan says that
the measure has been enforced well.
Groups that had supported the
inclusionary zoning campaign consid-
ered at the time whether or not to
pursue the issue further, demanding
that an ordinance be passed or that
the guidelines be strengthened, but
opted instead to focus their efforts on
a commercial linkage campaign, since
the inclusionary zoning order has
been showing signs of success already.
MAHA and other groups are also
in the early stages of considering a
campaign to strengthen the city's
inclusionary zoning guidelines. Since
the existing rules have been success-
ful and no negative impact can be
shown, Callahan anticipates that such
a campaign would be well received.
This campaign would likely in-
clude an effort to increase the in-lieu
fee amount to accurately reflect the
costs of developing housing in Bos-
ton, says Callahan, as well as an effort
to codify the rules through an ordi-
nance. Also at issue is targeting - un-
der the current executive order, half
of the units are earmarked for house-
holds below 80% of Area Median In-
come, and the other half for those
between 80% and 120%. Advocates
would like to see that targeting low-
ered, so that the measure addresses
the needs of lower-income
Bostonians. Finally, advocates would
like to see changes made to how the
money collected through in-lieu pay-
ments are spent by the BRA, since
10
currently most of that money is go-
ing to support housing for households
earning between 80% and 120% of
Area Median Income. Advocates
would work to direct those funds to
households with lower incomes.
II elsewhere in Massachusetts
Inclusionary zoning ordinances are not
new to Massachusetts. The town of
Newton has had one on the books for
nearly 25 years, and Brookline, Cam-
bridge, Lexington and Barnstable
County have also passed such measures.
In 200 I the town of Quincy
passed an inclusionary zoning mea-
sure as a result of an organizing ef-
federation of six multi-issue commu-
nity organizations in Massachusetts,
and one in Vermont. "Especially in
housing markets where there is so
much speculation and displacement,
you have to try to capture a percent-
age of that for some positive commu-
nity benefit. It's similar to the
Community ReinvestrnentAct (CRA),
applied to private sector developers."
While developers issue threats that
inclusionary zoning will stifle develop-
ment that cities need, "the profit lev-
els in market rate housing are so
significant that there hasn't been a se-
rious case made that ten or 15 % really
cuts into their profit all that much,"
"It's common sense that you can't just look to govern~
ment for funding affordable 110using_ Especially in
housing markets where there is so much speculation
and displacement, you have to try to capture a per-
centage of that for some positive community benefit. H
-Lcw Finfer, Executive Director, Organizing and leadership Training Center
fort led by the Greater Boston Inter-
faith Organization (GBIO), a broad-
based organization comprised of 95
dues-paying religious congregations
and community organizations from
cities and towns across Greater Bos-
ton. By turning hundreds of people
out for city council meetings, and
holding two large accountability ses-
sions, organizers managed to con-
vince an initially reluctant mayor to
support the measure.
"It's common sense that you can't
just look to government for funding
affordable housing," says Lew Finfer,
former executive director ofGBIO and
currently executive director of the Or-
ganizing and Leadership Training
Center (OLTC), a congregation-based
says Finfer. Organizers can use simple
math to demonstrate that many
projects won't be adversely affected by
inclusionary zoning, he adds. When
advocating for an ordinance, the posi-
tive impact that such measures could
have on a community can be easily
demonstrated using past years' devel-
opment data to determine how much
affordable housing could have been
supported in that time. I
Massachusetts Affordable Housing Alliance 617-822.9100
htlp:l /www.mahahome.org/
Greater Boston Interfaith Organization
617-625-5600
htlp:l /www.gbio.org/
PROFILES
Dan Finn looks back on the
inclusionary zoning campaign
he worked on in the Sr. Cloud
Metro area in Minnesota and says, "If
I had known at the beginning what I
know now, I wouldn't have done it. A
group's first campaign should never
go three and a half years." The cam-
paign was the first major undertaking
of the city's new Gamaliel-affiliated
organization, and a campaign of the
size and depth that this one turned out
to be had the potential to cost the or-
ganization dearly if it failed. "You
need to have a short campaign, win
something like a playground, and then
go on to the next thing. We had a lot
of eggs in one basket, and had it not
worked we might not have been able
to continue. Since it turned out well,
it was a brilliant move,"
The Great River Interfaith Part-
nership (GRIP) is part of ISAIAH, a
Minnesota organizing network which
is in turn part of the national Gamaliel
network. Consisting of about 15 par-
ishes in the St. Cloud metropolitan
atea, the group is seven years old and
has been working on housing issues
for five yeats.
The group's first efforts around
promoting inclusionary zoning in St.
Cloud, the largest city of the five that
make up the region, met with the typi-
cal response from officials: cities that
adopt such measures risk driving de-
velopers out to neighboring jurisdic-
tions with fewer restrictions on
development. Rather than take that as
a no, GRIP instead endeavored to con-
vince all five cities in the metro area to
adopt inclusionary zoning together, in
a campaign that lasted two years.
Great River Interfaith Partnership
Crossing borders for inclusionary zoning
VVhen it became clear that onc of
the five cities would likely never adopt
inclusionary zoning, and that the
other four wouldn't do so without the
participation of the fifth, GRIP
changed irs tactics and instead began
advocating for a Joint Powers Agree-
ment between the cities, and this time
was successful. In October of2002 the
cities agreed to participate in an in-
ter-city board where the mayors rep-
resent each of the cities (in the case of
one city it is the council president who
sirs on the board) in ensuring that 15%
of new rental and homeownership
housing developed in each of the cit-
ies is affotdable.
While this measure represents a
compromise from true inclusionary
zoning - where 15% of each devel-
opment must be set aside as afford-
able - it still represents a significant
relationships if any of them failed to
abide by the agreement. "At this
point there's a general sense that the
cities arc in this together, and that
nobody wants to be the one to break
it down," says Finn. The agreement
also stipulates that, if after five yeats
the cities have failed to meet the
IS % setaside rules voluntarily, that
they will all adopt mandatory
inclusionary zoning laws, but Finn
says that this is not necessarily a
binding agreement.
And an unexpected outcome of the
campaign, says Finn, is that the cities
arc "realizing the need to work to-
gether. Some historic resentments
between the cities are beginning to
erode, II he says, and officials from the
five cities are now meeting regularly,
five times a year,.to discuss a range of
issues that they share.
The cities all work together on a number of issues
and would risk those relationships if any of them
failed to abide by the agreement.
victory for the campaign. "In the end
we even got developers to endorse the
agreement," says Finn, "because they
knew that otherwise we'd keep push-
ing for inclusionary zoning."
The passage of the Joint Powers
Agreement by no means meant the
end of work for GRIP, though, be-
cause the agreement has no formal
"teeth" to it, says Finn, and so pres-
sure needs to remain on the cities to
abide by the agreement. The cities
all work together on a number of is-
sues, he adds, and would risk those
As for the campaign irself, Finn
says that the overall principle of"Min-
nesota Nice" prevailed. There were
no direct actions or demonstrations,
but the task force leading the cam-
paign met monthly and conducted
many meetings with officials, build-
ers, bankers, and other stakeholders.
More than 200 residents from GRIP
parishes attended a five-city meeting
on housing that essentially started the
campaign, and members attended city
council meetings regularly, convinc-
continued on the following page
11
PROFILES
GRIP
continued from the previous page
ing each of the five councils to first
participate in the task force that would
eventually draft the agreement, and
then to pass the agreement itself. The
city that was the most reluctant to par-
ticipate at all tried twice in six months
to drop out of the agreement, but each
time with only a few days notice GRIP
was able to mobilize enough members
to attend the meeting when the dis-
cussion was to be held, and both times
managed to convince the city council
to remain in the process.
At one of the large meetings
GRIP employed an effective visual
tool for demonstrating the potential
impact of an inc1usionary zoning
measure. Attendees were handed
color-coded programs, and at one
point in the program those with a
certain color were asked to stand up
- their number indicated how many
units of affordable housing could be
built in one year under such a mea-
Local developers saw the cam-
paign as a significant enough threat
that they hired a lobbyist to work
against the effort, and an economist
to draft a negative economic analysis
of the proposal. But GRIP still man-
aged to find allies in the local busi-
ness community, convincing the CEO
of a local hospital to hold two break-
fast meetings on affordable housing
for the CEOs of major employers in
the area. That gave GRIP access to
30 firms, which all began thinking
"It's sometimes about raw power and how many
people you can get to turn up for a meeting, but it's
always about individual relationships."
-Dan finn, Great River Interfaith Partnership
sure. Those with another color on
their programs were then asked to
stand up, indicating the number of
potential new units in five years.
Two public rallies/prayer services
drew more than 400 people each,
with officials invited and then asked
to sign on to agreements to partici-
pate first in the process to draft a
plan, and then in the eventual joint
powers agreement.
12
about housing in a different light
thanks to those meetings, says Finn,
and some support for the campaign
from the local economic development
partnership followed.
"1 have a lot more respect now for
long-term business relationships with
politicians, now that I've learned how
developers and builders can use them
to great effect given who is on the
committees and city councils that they
work with," says Finn. "It's sometimes
about raw power and how many
people you can get to turn up for a
meeting, but it's always about indi-
vidual relationships."
While the tone of the campaign
was by and large very civil, he adds,
there were some disagreements where
his training from the Gamaliel Foun-
dation carne in handy. "I learned not
to take it personally - these are pub-
lic level relationships, not personal
ones." The one-week training that
teaches about self interest, confron-
tation, and power is available to all
GRIP leaders, says Finn.
And while the organizers didn't
end up with as strong an outcome as
they had set out to win, Finn says the
result was a clear victory. "Some
people in GRIP were reluctant to give
in, but I didn't want to waste my time
on something that would have just
collapsed. It was important to have a
success, and because of it GRIP is
much stronger," he says. The Min-
nesota Housing Finance Agency even
honored GRIP with an award for its
work on the campaign.
ISAIAH/GRIP
320-656.9215
http://www.gamaliel.org/ISAIAH/
PROFILES
After several years of pushing for
inclusionary zoning measures in
Minnesota, a statewide organiz-
ing group won a major victory in
2002, when the state legislature
passed a bill granting the tight to cit-
ies and towns to pass local
inclusionary zoning measures. While
organizers pushed for stronger legis-
lation that would mandate such mea-
sures, they have found instead that
they must consider other ways to get
affordable housing built in the state.
"The governor's office is saying we
have to find a different term than
'inclusionary zoning,'" says Sarah
Gleason, a leader of ISAIAH, a
Gamaliel affiliate. "It's a very difficult
political situation."
ISAIAH, a network of 80 parishes
from the Twin Cities and St. Cloud
metro areas, first took on inclusionary
zoning at the state level in 2001, after
a series of house meetings and I-to-I
sessions raised up the issue of afford-
able housing as critical to its mem-
bers. Groups were formed to do
research, interview public officials,
and propose policies for the group to
organize support around. "When we
looked at the scale of the problem and
the options for solutions or ap-
proaches, inclusionary zoning was
really the only thing that had the po-
tential to get housing built on the
scale we needed."
Jaking on inclllsionary zoning
"Inclusionary zoning is a solution that
fits with lots of different people's
world views/' says Gleason. "We
know it can work for developers and
for cities, and lots and lots of hous-
ISAIAH
Looking beyond inclusionary zoning
ing is being built here. Why not use
the power of growth, rather than the
little bits of money we're getting that
will just get us a few units here and
there?" Passing inclusionary zoning
measures across the Minneapolis-St.
Paul metropolitan area was a patticu-
larly exciting idea for organizers, she
says, "because it would help level the
playing field and eliminate lots of
NIMBY fights."
Inclusionary zoning was also ap-
pealing because it tends to address the
needs of households in somewhat
approach we took, one or the other
would fight it or block it by inaction."
Stale legislation as a leverage point
Local jurisdictions in Minnesota
have a great deal of control over land
use issues, and the study did result
in proposed legislation that would
make it clear that cities and towns
have the authority to mandate
inclusionary zoning in their munici-
palities, and to guarantee long-term
afford ability on units built with lo-
cal assistance.
"Incll.lsionary zoning is a solution that fits with
lots of different people's world views."
~SaH~h Gleason, ISAIAH
higher income ranges - around 80%
of AMI, Gleason says - which then
frees up public subsidies to address the
needs of very low income families.
ISAIAH and a few other faith-
based groups formed the Build Inclu-
sive Coalition in 2001, and was able
to persuade the state legislature to
fund a study on the issue. Work on
the study brought together develop-
ers, city officials, and local residents
and advocates. "We were really ex-
cited," recalls Gleason, who co-chairs
ISAIAH's Metropolitan Equity Com-
mittee, "because we had a commis-
sioner of the state housing finance
agency who saw the value of
inclusionary zoning. But the greatest
learning at that table was that we
couldn't get developers and cities to
get behind anything together. Any
ISAIAH leaders worked to find au-
thors for this legislation in the state
house and senate, brought residents to
hearings to tell their stories and testify
about the need for inclusionary wning,
and helped coordinate hundreds of calls
to and meetings with legislators and key
committee members. The group found
a handful of mayors who were support-
ive of inclusionary zoning and who
agreed to champion the issue within
their association of municipalities and
with legislators. Some builders who had
done nUxed-use development were sup-
pottive of the measure as well, and the
campaign also resulted in some strong
relationships being built between
ISAIAH and local business leaders, in-
dividuals who Gleason says were able
to get access to and talk with legislators
continued on the following page
13
~_.__._--_._.._------_._~.._~_.~_..--,. . ._-,,-----~_.__..._-------~--~..---_._---~-----
PROFilES
ISAIAH
continued from the previous page
that organizers hadn't been able to meet
with otherwise.
The group had some rallies, and
held a large event that brought together
the mayors who were supportive of the
issue. They also baked cookies in the
shape of houses and handed them to
legislators in the rotunda of the state
capitol to remind them to vote for the
bill. But many groups that had done
organizing and advocacy around in-
creased funding for affurdable housing
weren't involved in the campaign, says
Gleason, because "a lot of them thought
this was too radical."
Despite the small size of the coa-
lition, the enabling legislation passed
in 2002, making it clear to local juris-
dictions that they have the authority
to pass inclusionary zoning measures.
Developing the message
Organizing around inclusionary zon-
ing has been particularly difficult be-
cause, while the basic concept is
simple, "the whole thing is sort of
wanleish," says Gleason. "It takes a
while to explain to people the details
of things like density bonuses."
ISAIAH seized upon the theme of
'tools' at an early meeting, and used
large cardboard cut-outs to demon-
strate the "primitive nature" of many
of the existing tools used for produc-
ing affordable housing, and then the
image and sound of an electric drill,
calling inclusionary zoning a "power
tool in our toolbox/' recalls Gleason.
"We got really good at having one
quick sentence to explain what it was
all about," she says. "We would say that
inclusionary zoning would mean that
every time housing was built a portion
would be affordable. From there we
14
8 888
8888888
"How do you go from people who have personal
problems relating to affordable hOLlsing, to
geUing them talking about density bonuses with
legislators? That's a real "
~5Mah Gltsason, ISAIAH
could add detail depending upon the
audience. People who already worked
in affordable housing got the message
when we explained that this would be
sustainable, systemic change, rather
than money we had to fight for every
year at the legislature."
"It has been a learning process for
us," says Gleason. "How do you go from
people who have personal problems re-
lating to affordable housing, to getting
them talking about density bonuses with
legislators? That's a real process, a real
politicization that is very powerful. The
path for moving from outrage about a
personal situation to being effective pub-
lic policy advocates is challenging and
exciting at the same time."
Coalition building around the is-
sue was also a learning experience, says
Gleason, because of the range of
groups that are concerned about the
issue. "The organizing leaders have
really grown through this campaigo,"
she says. "We're the ones who say
who's going to do what and when. Vol-
unteer, constituent leaders can make
organizations much more effective by
holding them more accountable, even
when they are our coalition partners."
"It's very clear that the best answer
is a metro- or state-wide mandate, but
it's also clear that this is not going to
happen," says Gleason. While the coa-
lition is "backing off of our exclusive
focus on inclusionary zoning, we're
talking to developers and cities that
want to do mixed-income development
about what kinds of policy changes
would help them get affordable hous-
ing built." ISAIAH is stronger as a re-
sult of its work on inclusionary zoning
and the relationships it developed dur-
ing the campaigo, she adds. t
ISAIAH
612.333.1260
http://www.gamaliel.org/ISAIAH/
PROFILES
Los Angeles
The fight for inclusionary zoning in L.A. continues
I nclusionary zoniog started small in
Los Angeles, with just a single
community protected by a measure
requiting developets to provide afford-
able housing along with their market
rate developments. But developers
quickly learned that they could appeal
the rules to the ciry, and the city was
quite lenient with doling out exceptions,
allowing one developer to set aside ouly
8% of a new development for units af-
fordable to moderate income house-
holds, rather than the required 15%
targeted to low income households.
When that developer next applied
for a permit to develop market rate
housing, Los Angeles ACORN
launched a protest, targeting the
developer's existing projects in the
neighborhood. Demonstrations that
blocked traffic, with one protestor go-
ing so far as to chain himself to a bull-
dozer at a construction site, and rallies
that brought out political candidates
drew attention to the issue, and the
city council declined to grant the de-
veloper another waiver. The devel-
oper learned its lesson, and didn't
appeal the requirements when apply-
ing for its next permit.
Two years later, in 2003, an
inclusionary zoniog campaign began in
earnest, led by a 65-member coalition
fresh from a huge victory in establish-
ing Los Angeles' Housing Trust Fund.
A mayor- and city council-commis-
sioned report on inclusionary zoning
found that such measures were indeed
viable, but that hasn't been enough to
push through an ordinance yet.
The process has been very slow, says
ACORN organizer Peter Kuhns, be-
cause of the complexity of the issue.
"Development is an issue that engages
so many players -landlords, homeowner
groups, developers, renters, and more
- that a great deal of public educatiou
has to take place as well, he adds."
In May the campaign kicked off
with a rally that included coalition
members, representatives of labor
unions, members of the religious com-
munity, and a member of the city coun-
cil, all voicing their support. In July
auother rally highlighted the release
of a study reporting that inclusionary
zoning measures that exist in J08 ju-
projects. This adds another layer of
work for ACORN, says Kuhns, because
it requires educating members about
the value of including elements to the
law that help encourage development
in general, in order to foster affordable
housing development, when many
members are vocally anti-development.
At Thanksgiving the coalition de-
livered baskets to council members con-
taining food along with a report about
inc1usionary zoning. At Christmas the
group sang carols at council members'
offices, all with messages about the need
Demonstrations that blocked traffic, with one
protestor going so far as to to a
at a construction site, rallies that brough oul
political candidates drew aUention to the issue.
risdictions in California have proven
effective. In September busloads of
ACORN members took over the
rental offices of two new luxury apart-
ment complexes and confronted man-
agement, asking if any units were
available for low income households.
The press that resulted from these ac-
tions helped demonstrate the determi-
nation of the campaign, says Kuhns.
In October a panel of developers
testified before the city council, some
opposed to the measure and others in-
dicating tentative support. While not
championing the measure, some devel-
opers have agreed that such an ordi-
nance is feasible ifit also includes certain
regulations that streamline the devel-
opment process for builders who do
include affordable housing in their
for affordable housing. Many members
of the coalition have adopted more of
an "inside strategy" says Kuhns, meet-
ing with council members individually,
"but our members know that's not how
you win things." Hundreds of ACORN
members were involved in the actions
in 2003, he says.
For his part, the mayor of Los
Angeles has moved from being firmly
against inclusionary zorung to indi-
cating that he would prefer that any
such measure be voluntary, but that
he is willing to make it work. Such a
shift is evidence of the power of or-
ganizing, says Kuhns. t
Los Angeles ACORN
213-747-4211
http://www.acorn.org/
15
-----------_.~_..~._---~--~-----_.~._~"-"---
PROFILES
While Chicago organizers can't
yet claim victory on getting an
inclusionary wning ordinance
passed in the city, they can point to
some significant successes in educat-
ing the city and in generating a great
deal of support for such a measure.
Known as the Balanced Develop-
ment Campaign, a coalition of 15
community organizations in
gentrifying and low-income neigh-
borhoods launched a campaign in
2001 to persuade the city to pass an
ordinance requiring a 25% afford-
able housing set-aside in all new de-
velopments, condo conversions or
substantial rehab projects of ten or
more units. The coalition includes
representatives of most of the major
organizing networks in Chicago, all
of which are committed to organiz-
ing their bases around affordable
housing issues.
The coalition is unstaffed, has no
budget of its own, and meetings must
include and be led by residents and
local leaders, explains Sarah] ane
Knay, executive director of Organi-
zation of the NorthEast (ONE), one
of the founding organizations. "No-
body wants to build au empire called
'The Balanced Development Cam-
paign'," she says, and no single orga-
nization holds sway over any others
within the campaign. The coalition
works only on this one issue, and is
committed to high standards of in-
volvement and turnout.
The goal of the action-based
coalition is for the individual groups
to take action to win support from
their own elected officials, and for
the groups collectively to plan
16
Balanced Development Campaign
In Chicago, the victory is in the struggle
citywide actions. Each meeting con-
sists of reports on and evaluations
of these actions.
And those principles and tactics
have served the campaign well in
building support for the ordinance.
For the last two years on]uly 31 the
group has held rallies downtown, with
more than 1,200 people surrounding
city hall demanding that the measure
be passed. The group coordinated a
street theater event on Thanksgiving
in 2001, and then a Christmas carol-
ing event which resulted in the mayor
first smiling and waving at the chil-
port the ordinance. Following the
election the ordinance had 26 coun-
cil members signed on in support,
but the alderman who introduced
the measure will not bring it to the
floor because of the history in Chi-
cago of aldermen not supporting or-
dinances that don't have the support
of the mayor.
And for his part, Chicago's mayor
has been a vocal opponent of the or-
dinance, for "reasons that don't make
sense," says Knoy. "He hasn't been
willing to meet with us on this for
two and a half years," she adds, "but
No single organization holds sway ovel" any
others within the campaign. The coalition works
only on this one issue, and is committed to high
standards of involvement and turnout.
dren singing, and then getting angry
when handed a flier about the cam-
paign. The group even had an afford-
able housing float in the city's St.
Patrick's Day parade. Hundreds of
individuals have met with their alder-
men, researched the issue, and met
with people from Montgomery
County, Maryland, often beld up as
an example of the benefits of
inclusionary zoning.
Following the first big rally, in
] uly of 2002, an inclusionary zoning
ordinance was introduced before the
50-member city council. Coalition
groups used this proposal to chal-
lenge candidates for city council the
following year, asking them to sign
commitments that they would sup-
on campaigns I've been involved with
in the past the mayor at least sat
down with us. It's surprising he's so
against something that's sweeping
the nation."
The mayor has introduced an or-
dinance that would require some
setasides in some neighborhoods in
some instances, but these measures
don't come close to what is needed,
says Knoy, and were drafted without
any consultation from community or-
ganizations. When the mayor's pro-
posal was being considered there
were indications that the mayor
would be willing to meet with the
coalition if the groups agreed to sup-
port his plan, but a majority of the
continued on the back page
Resources
"Workers Center Activities:
An Overview and Survey."
ThiS document was produced by the
InterValley Project and the National Cam-
paign for Jobs and Income Support
(NCJIS). a project of the Center for Com.
munity Change. It examines community
based worker centers - organizations that
began forming in the 19805 to provide
individual assistance to low-income and
contingent workers, primarily immigrants,
and to help workers and their communi-
ties engage in collective action to con.
front abusive employers and address other
employment issues. The document focuses
on the work of 16 worker centers, specifi-
cally those organizing consumer and
worker cooperatives. The goal of the pa.
per is to begin exploring how the work of
these select organizations could strengthen
the organizing work of worker centers
"Dialogue with America's
Families" (video).
On January 30, 2004, the Center for
Community Change (CCC) and its
grassroots partners brought low-income
people and issues of poverty into the spot-
light of the campaign for the Presidency.
The "Dialogue with America's Families,"
held in Columbia. South Carolina. brought
together 3,000 people from across the
country to press the candidates on topics
of health care,jobs. education. immigra.
tion and raising the minimum wage. Six
of the seven Democratic candidates for
President participated in the Dialogue. The
event broke new ground in that it featured
direct questions from real people who are
struggling to make ends meet. The Cen-
ter captured this historic and exciting event
on tape Copies are available for
$20.00
"Closing the Enrollment Gap:
Innovative Strategies to Enroll
Low Income Working Families
in Food Stamps, Medicaid,
the State Children's Health
Insurance Program, and the
Child Care and Development
Block Grant."
This report explores five strategies de-
signed to help low-income families enroll
in work-support programs: Social market.
ing and advertising: Co-enrollment; Ad-
vocacy and organizing: Web-based en-
rollment tools; and Employer-based strat-
egies. The report contains case studies
which can help community-based organ i-
zations. funders, state and local govern-
ments. and business leaders determine
which strategies might be most effective
at increasing enrollment in work-support
programs.
You can find some of our publications
online at wwwcommunitychange,org,
and can order publications and other
Center resources by mail or by phone:
BY MAIl: write a note listing the items you
are requesting and the amounts. and mail
it with your check to:
Center for Community Change
Attention: Kendra Wess
1000 Wisconsin Ave. NW
Washington. DC 20007
BY PHONE: use VISA or MasterCard.
Call Kendra Wess in our publications de-
partment at (202) 339.9338
Many of publications are free for low
income community groups. To qualify as
a low income community based organi-
zations. at least 50% of your organ-
ization's board must be residents of your
low income neighborhood or members
of your low income constituency. For more
information contact
Organizing groups gather in
South Carolina for January 30
Dialogue with America's Families
17
I
A CORN, the Association of Com-
munity Organizations for Re-
form Now, is the nation's largest
community organization of low and
moderate-income families, with over
150,000 member families organized
into 750 neighborhood chapters in
about 60 cities across the country.
ACORN has organized around afford-
able housing for more than 30 years.
In this issue of Housing Organizing,
ACORN's National Field Director,
Helene O'Brien talks about the past,
present, and future of those efforts.
What kind of housing campaigns
is ACORN working on now?
ACORN is working mosdy on preda-
tory lending, and we also have some
campaigns around trying to get land
in gentrified areas protected so we can
ensure that affordable housing is bnilt
on that land. In these
campaigns we're tar-
geting vacant lots in
crowded cities in par-
ticular, especially city-
owned properties,
and saying that a cer-
tain amount of afford-
able housing has to be .
built there. And in Washington, DC
and Los Angeles, we are doing
inclusionary zoning campaigns to fight
the gentrification problems there.
We decided to step back and look at
our housing work, and have divided the
cities we work in into three types: de-
clining cities, like Pittsburgh; over-
crowded cities like New York, Chicago
and Los Angeles; and boomtowns where
sprawl is taking over, and we're looking
at them through individual lenses now,
because the quality of housing is differ-
ent in each, as is the price of land.
In the sprawl towns we are con-
standy looking for where the inexpen-
sive land is, as our constituency is
being pulled out to the outer ring sub-
urbs, and those campaigns are related
to development. In New York or Los
Angeles it's very much about every-
one fighting over the last city-owned
or -subsidized property, fighting
gentrification, and fighting over very
valuable land. In the declining cities
where population is decreasing and
there isn't a shortage of housing stock
but rather a shortage of good hous-
ing, we look at renovation projects.
Has ACORN used housing organiz-
ing to expand its membership base?
Yes, and it has been hugely successful.
Especially in immigrant cities and
crowded cities, housing is the number
one concern. Housing has worked so
fornia cities were having a hard time
paying rent deposits, and we fought
to get a city funded rent deposit fund.
Now we're pushing to get the pilot
project to be run through ACORN
so we can help the folks who worked
the hardest on our campaigns.
What's the best way to sustain
housing campaigns?
You have to fight for policy changes, but
you also need to take care of your own.
You need a pilot progtam, or some kind
of demand that rewards the folks that
were in the streets the longest. If you're
organizing people who need bousing,
they really need it. Most of the time that
can't happen fast. It's hard to sustain
people's participation, interest, loyalty,
and hopes if it's a five-year process, es-
pecially if we're using this as a way to
build a base.
It's also difficult
sometimes when you
end up with a victory
that still falls short. In
Los Angeles we did a
campaign against a
market rate develop-
ment in a low income
neighborhood. We
were able to win some things but not
anything for our members. To com-
pensate, we've pushed for the Hous-
ing Trust Fund to fund an immediate
rental assistance program we are de-
veloping for our members.
To keep people involved you have
to be constantly coming up with new
angles and new campaigns to keep
people fighting.
"To keep people involved you have to be
constantly coming up with new angles and new
campaigns to keep people fighting."
18
-Helene O'Brien, N.ationa! Field Dirtxotof', ACORN
well for us because we have developed
campaigns that reward the people who
stay active the longest. In New York,
once people were chosen to move into
the new units, they had to participate
in community events and activities.
That raised the bar, so we had really
gteat people who worked very hard to
get the apartments. People were en-
couraged to stay and fight, and they did.
When you can identify where the
need is, housing organizing turns out
huge numbers. Last year a lot of
people in San Jose and other Cali-
Is there a federal connection to the
housing organizing ACORN is doing?
Not really, although at the local level
--.--..--------------..--..-.' ----~.~------_._-~-
some groups are participating in the
National Housing Trust Fund Cam-
paign. We bring national leaders to
DC for a week of training once a year,
but as with so much of our organiz-
ing, it's hard to sustain people around
national policy.
Our organizing is about numbers
of people on the streets. It's harder
to move people on something legis-
lative - you need a connection that's
real to people. It's hard to have some-
one weigh in on a legislative fight
unless they see a direct relationship
to their needs.
What do you see for housing orga-
nizing in the future? What issues
haven't been tapped into yet?
There's still work to be done around
homeownership and building wealth,
particularly targeting predatory lend-
ing and insurance discrimination. So
much of it isn't changing, but with
sprawl there's now the issue of whole
neighborhoods getting jumped over
and neglected. I'd like to believe that
in overcrowded cities we've come up
with a solution, but there's going to
be a battle over available land forever.
Section 8 vouchers in crowded
cities is also a big issue. The New
Jersey office did a campaign around
how Section 8 was being spent and
distributed, and signed up 70 new
members in one week.
So much of the housing money
and policy is local, and so we're in-
terested in focusing on building
statewide operations. We've had a
difficult time coming up with a na-
tional housing effort.
How did ACORN decide to combine
its organizing work with nonprofit
housing development?
In the 80's when ACORN started do-
ing housing development we did a na-
tional squatters' campaign, and we won
housing development corporations in
New York, Chicago, and Phoenix.
More recently, in Phoenix there was an
. opportunity for us to do development.
We started doing rent-to-own units,
renovating abandoned properties in a
destitute part of Phoenix. We developed
more than 70 units in just a few years.
We had seen that this part of the city
was becoming valuable, so we jumped
at getting cheap land and said let's try
to build some housing since it's on our
turf. Our members are part of the plan-
ning effort, and allocation of units is first
come first served. There's no huge wait-
ing list like in New York.
The analysis at ACORN is that we
don't have an institutional relation-
ship with our members, just one-on-
one connections. In New York we felt
we could create density and that
people could really connect to
ACORN if they lived in ACORN
properties. ACORN members do stay
active longer when they live in our
properties. They feel a deeper con-
nection to the work.
We have more than 600 units in
New York - some of which came out of
tenant organizing around a poorly-
managed Section 8 building - and a few
in Chicago. We're now looking into
doing this in Los Angeles, Houston and
other parts of Texas, but it requires a
huge investment and lots of staffing.
One caution is that if a group is
moving to a development strategy
they have to remember that organiz-
ers aren't necessarily managers - if
you let organizers be property man-
agers they'd probably let people live
rent-free and the building would go
broke. You have to bring in managers
that can do the job, but that also un-
derstand the culture of the need.
We've learned that it's not neces-
sarilya good idea to involve tenants in
every aspect of running a building. If
you're out there fighting and creating
social change you don't want every ten-
ant dealing with stoops and garbage.
What are the key lessons ACORN has
learned about housing organizing?
What makes housing so important is
that it is about property and money.
This is not just about winning some
policy changes - people are making
huge profits off housing, and that
makes it more complicated and harder
to win victories.
We've learned that development is
not a simple thing. If one of your goals
is to do some kind of development you
have to be extremely careful, and it
costs tons of money. The fact that a
lot of non-organizing groups do hous-
ing development and services makes it
particularly hard for an organizing
group to break into development.
We also learned that the local po-
litical environment is extremely im-
portant. In New York, Mayor Koch
was unpopular and our campaign was
successful. Giuliani was popular and
our campaign was a disaster.
How do you make people aware
of the affordable housing crisis?
Housing doesn't get attention any-
more because people think the issue is
"over." But it hasn't gone away, it's just
that everyone has gotten used to it.
There are fads in the media and
in funding, and we have to use those
fads to come up with creative cam-
paigns that get attention. It's not
about press conferences. Squatting
works well- if people just aren't go-
ing to move it gets attention. The rea-
son our home repair campaign in
Dallas worked so well, sadly, was be-
cause of the deaths of old people with-
out air conditioning.
Actions and big numbers are what
really does it, though. The bigger
crowd you have the less creative you
need to be. If we could move 10,000
people once a month in a major city
it would be completely different. But
we can only move hundreds, so it's a
harder fight. i
19
"-_._----_.,,-_.~_._-_.,_._~_.,.~----- -------------.---- -----,_._~_..-
Chicago
-,",---"'-"'--'-- .-----.--
continued from page 16
coalition members voted to not do so
and no meeting occurred. The group
has met with the city's Commissioner
of Housing, says Knoy, but he ech-
oes the mayor's position.
The mayor is rapidly becoming
the lone holdout in the city. InJuly of
2003 the campaign was endorsed by
most of the city's major unions, which
are now mobilizing to lobby the
mayor and council. In the full of2003
a press conference was held by 30
leaders from six religions, including
the Cardinal, calling on the mayor to
support the measure.
The group is also working to ex-
pand its base, and is reaching out be-
yond low-income and gentrifying
communities to more affluent neigh-
borhoods. These neighborhoods are
~ CENTER for
. COMMUNITY CHANGE
1000 Wisconsin Ave" NW
Washington. DC 20007
www.communitychange.org
feeling stress because families pushed
out of gentrifying communities are
relocating, explains Knoy, and as a
result these communities are experi-
encing increased pressure on services,
housing and schools. "They under-
stand that they have reason to join us,
because balanced development would
benefit all areas of Chicago."
"We chose inclusionary zoning
because it was the only way we could
see to harness development that was
already happening," explains Knoy,
"to get a piece of it for people that
were living here."
"To truly solve the affordable
housing crisis you would need a new
infusion of federal cash, but that's not
going to happen anytime soon and we
can't just wait. We're not interested
in tilting at windmills and flying
people to Washington, DC to lobby
for something that's never going to
happen. We need something that will
get housing for people now."
Even though the ordinance has
not passed yet, Knoy says, the cam-
paign has shifted the landscape of
community organizing in Chicago
and residents have emerged as a
force to be reckoned with. At the
same time, community leaders from
all across the city have become more
aware of the patterns of develop-
ment that affect all of the city's
neighborhoods, and have proven
their ability to craft solutions to
complex policy problems, she adds.
"Some relationships of real trust are
being built across the traditional
Chicago dividing lines of geography,
race and class." I
Organization of the NorthEast
773.769.3232
http://www.onechicago.org/
IP8
lOW A CITY POLICE DEPARTMENT ~~
USE OF FORCE REPORT
May 2006 ~
OFFICER DATE INC# INCIDENT FORCE USED
95 050206 21024 Assault Officers used control techniques to stop
an assault in progress and place the
suspect in handcuffs.
04,44 050306 21371 Welfare Check Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques and a chemical
irritant to place the subject in
handcuffs.
19 050306 21373 Armed Subject Officer drew sidearm when confronting
a subj ect that was in possession of a
fIrearm. Subject was taken into
custody without incident.
22,52,27,96,32 050506 21790 Involuntary Committal Officers used control techniques to take
an assaultive subject into custody so
that they could be treated for a mental
illness.
58 050606 21889 Arrest Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject into handcuffs and escort them
into a squad car.
31,03,18 0511 06 22795/22796 Car burglary/OWl Officer drew sidearm when confronting
a subject that was burglarizing a
vehicle. Suspect was taken into
custody without incident. While being
processed the subject later became
combative and resisted handcuffing
efforts. Officers used control
techniques to place the subject in
handcuffs.
22,48,32,38,09 051406 23572 Involuntary Committal Officers used control techniques to take
an assaultive subject into custody so
that they could receive treatment for a
mental illness.
88 051506 24002 Burglary Officer drew sidearm while confronting
a burglary suspect. Suspect was taken
into custody without incident.
59 051606 23872 Trespass Subject had been placed under arrest
and handcuffed. Subject pulled away
from Officers and attempted to run
away. Officers used control techniques
to gain control of the subject and escort
them into a squad car.
16/23 051806 24078 Warrant Service Officers drew sidearms and long
weapons while taking a subject into
custody who was wanted on an arrest
warrant for homicide. Suspect was
taken into custody without incident.
19 051906 24315 Armed Subject Officers used active counter measures
and control techniques to disarm a
subject that was armed with an edged
weapon and attempting to harm
themselves.
60 052406 25049 Intox Subj ect had been placed under arrest
and handcuffed. Subject then refused
to get into a squad car to be
transported. Officer used active
counter measures and control
techniques to escort the subject into the
squad car for transport.
34 052406 25089 Arrest Subject fled on foot from Officers
during a theft investigation. Officer
used control techniques to take the
subject into custody and place them in
handcuffs.
29,47 052606 25452 Warrant Arrest Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
34,93 052606 25452 Arrest Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques and
exposed the subject to a chemical
irritant to place them in handcuffs
51 052706 25618 Domestic Subject was placed under arrest and
resisted handcuffing efforts. Officer
used control techniques to place the
subject in handcuffs.
04 053106 26301 Trespass Subject was placed under arrest and
resisted handcuffmg efforts. Officer
used control techniques to place the
subject in handcuffs.
~
Marian Karr
From: Nora Garda Marcos [ngmarts@yahoo.com]
Sent: Saturday, June 10, 2006 9:23 PM
To: 'City Council
Subject: Local dancers perform in Spain!!!!!
You will be getting the invitation in the mail soon. In the meantime, reserve the date! We
need the City's support
Thanks!
Nora
Nora Garda & Mark McCusker of the Iowa City-based organization HABEAS CORPUS
have been invited to participate of the II International Dance Festival in Tenerife, Spain,
October 2006! They will be performing their Iowa Waltz duet to Greg Brown's song.
Spain prides some of the funding but more is needed.
Tango & Tapas
Chait Galleries Downtown, Friday July 14th, 2006
7 to 9 PM
$25 admission
(payable to Habeas Corpus, tax deductible)
Wine and TAPAS
Music by Alan Swanson
Dance by Habeas Corpus
"Art Shoe" silent auction
a benefit for
Ana y Nora Mil Lunas Despues
(Ana and Nora One Thousand Moons Later)
a Habeas Corpus (USA)-Ballet Contemporaneo (Spain)collaboration performed at the
Tenerife Dance Festival, Spain, October 2006
RSVP: (319)354-1526
ngmartS@YCJhoo.r;om
Ana y Nora Mil Lunas Despues
-an international partnership in dance, music and visual arts conceived, directed and choreographed by
Ana M. Narvaja, Nora Garda and Mark McCusker.
Garda and McCusker of Habeas Corpus, will be
· traveling to Spain in September 06,
. partnering with Ballet Contemponineo to create Ana y Nora Mil Lunas . DespUl!s,
. performing at Tenerife International Dance Festival,
. premiering Greg Brown's Iowa Waltz duet in European territory, and
· returning with new art works to present to Iowa audiences.
Habeas Corpus is an Iowa-based art collective whose mission is to affirm and advocate the body in and
as art
6/12/2006
Page 2 of3
The proiecl
Ana y Nora Mil Lunas Despues
(Ana and Nora One Thousand Moons Later)
Ana y Nora Mil Lunas Despues (Ana and Nora One Thousand Moons Later) is an international
partnership between professionals in dance, music, and visual arts. Dancers/choreographers Mark
McCusker (Iowa), Nora Garda (Argentina), and Ana Maria Narvaja (Spain) began with a discussion of
the formal design principles of solos, duets, trios, and quartets. This led to the discovery of their theme
Mil Lunas Despues.
Ana Maria and Nora describe it as a consideration of life, time, and experience. Their friendship began
over twenty-five years ago when they studied and danced together in their native Santa Fe, Argentina
between 1980 and 1986. Life took them in different directions but they never stopped sharing artistic
dreams. They came together again in the summer of2005 and decided the time had come to collaborate.
Ana y Nora Mil Lunas Despues will tell stories in this vein. Ana y Nora will be the threads connecting
the work.
Nora and Mark will travel to Spain in September 2006 and collaborate with Ballet Contemportineo de
Santa Fe en Tenerife creating choreography with music from Iowa and Spain. They will make tapes
to edit into videodances, appear at Tenerife International Dance Festival performing Greg Brown's
Iowa Waltz duet, and return with art works to present to Iowa audiences in November and December.
TheA,rtists
Ana Maria Narvaja created Tenerife's First Modern Dance Company and First Tango Company.
Narvaja heads the Dance Dept. at Casa de la Cultura and is the founder/organizer of the International
Dance Festival in Tenerife. She has acquired some financial support to bring Nora Garda and Mark
McCusker, to the Festival in September 2006.
Nora Garda and Mark McCusker of the Iowa-based art collective HABEAS CORPUS have created art
work together since 1998, and separately since childhood. They rehearse, create, perform, exhibit, and
teach non-stop throughout the year.
They have developed accessible art programs in under-served communities throughout Iowa
using education, hands-on workshops and locally involved exhibitions. They have created art
experiences while cultivating significant community involvement and interaction. A few examples:
At the The Iowa Children's Museum: Para ~es Nines, a bilingual creative movement,
weekly; 5 de Mayo celebration; Tea Party fundraiser;
At The School for the Performing Arts: Videography, choreography, and movement education;
At Ie Schools and scattergood in West Branch: Disco Interventions/Operation
Stealth Ballroom during Physical Education classes and After school Dancelabs;
At Iowa City's Senior Center: Video, dance, and performance productions;
At Hancher Auditorium HC dancelabs run the preshows to Mamma Mia!;
At the Englert Theatre HC dancelabs perfom during "The Spot is on Kids";
For Pride Week HC performs Disco Intervention. every year and rehearses Diversity Ballroom
for Connections;
With musician Alan Swanson, HC is creating original music for DVDs, installation and
performance;
In Des Moines at Beaver Creek Elementary School, HC performed Tango Variations and The
Iowa Waltz for Cultural Day and is invited back for Disco Interventions and Dancelabs;
At The Amana Renaissance Festival, HC Early Dance Project performs, instructs, and guides
6/12/2006
Page 3 of3
audience participation;
Several times a year HC provides movement programs at the Iowa City Public Library;
Every year HC participates of Cultural Advocacy Day in Des Moines;
In Perry, lA, He performs Tango Vari.ations and the Iowa Wa1.tz as the kickoff of 5
de Mayo celebrations and installs Tango Triptychs, a video environment;
In Santa Fe, Argentina, HC will co-produce installations and performances with Taller Integral
de Arte;
At Uptown Bill's Community Center, HC will lead Movement for Special Populations.
AND MUCH, MUCH MORE!!!!!!
Nora Garda Marcos
htjIW'www.artsalacarteic.QIg
htjp:/ /W'NW.culturalJ:orridoL Qrg
Do You Yahoo!?
Tired ofspam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
Nora Garda Marcos
httJ2:/ /www.artsalacarteic.org
http://W.NW.culturalcorridoLorg
Do You Yahoo!?
Tired ofspam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
6/12/2006
rnJ
YoU ate20rdially invitedtp join the.Senior Center Commission and staff at the
F>:
~ Breakfast served 7:30-9:00 a.m.
~ Live music by Nic Coffman's Jazz Band" Eufouria"
~ Door prizes ~ Special gift for everyone in attendance
_~_~__~_~~~_~_~_ Breakfast Menu: __~__N_~_~_~___
Pancakes, fresh fruit. breakfast sausages. muffins and
danishes. scrambled eggs. coffee. milk and assorted juices.
-- ~ ~ ~ ~ ~ ~ ~~- -- ---- -- --- -- -- -- -- - -- -- -- -- -- -- -- -- -.- -- -- -- -- --- -- -- ----
Don't miss out on this special event!
Call 356-5220 by June 23 to let us know if you plan to attend.
DRAFT~
MAY 2006
MINUTES
SENIOR CENTER COMMISSION
MAY 23,2006
G08/9- SENIOR CENTER
Call to Order:
Members Present:
Meeting called to order at 5:00 PM
Betty Kelly, Bob Engel, David Gould, Jay Honohan, Jo Hensch,
Sarah Maiers and Nancy Wombacher
None
Michelle Buhman and Linda Kopping
Lynn Campbell
Members Absent:
Staff Present:
Others Present:
RECOMMENDATIONS TO COUNCIL
None.
APPROVAL OF MINUTES
Motion: To approve the April minutes as distributed. Motion carried on a vote of
7-0. Kelly/Maiers.
PUBLIC DISCUSSION
None.
COMMISSION ASSIGNMENTS
Engel volunteered to write the web article from this meeting. He will also report on the
meeting and miscellaneous Center activities to the Board of Supervisors and City
Council. Gould volunteered to report to the Board of Supervisors and City Council
following the June Commission meeting.
PLANNING FOR VOLUNTEER RECOGNITION - Kopping
The Volunteer Recognition planning committee decided to hold a recognition breakfast
on Friday June 30 from 7:30 to 9:00 AM. As they have done for the past several years,
Elder Services' Senior Dining program has agreed to order the food and help with the
preparation the morning of the event. We will be serving pancakes, fresh fruit, sausage,
muffins, scrambled eggs and beverages. Invitations will be mailed by June 9, 2006.
Staff is still working to find entertainment for the event.
STANDING COMMITTEE STATUS REPORT- Kopping
Fundraising Committee -Engel
Engel highlighted the main points of discussion from the May 5, 2006 meeting of the
Fundraising Committee. Meeting notes attached.
Motion: To consolidate the responsibilities of the current Finance and Fundraising
Committees and create a new committee that would assume the entire
consolidated list of responsibilities. The new committee should be referred to as
the Finance Committee. - Maiers/Kelly Vote carried on a vote of 7-0.
DRAFT
MAY 2006
Promotion Committee -Hensch
Hensch highlighted the main points of discussion from the April 21, 2006 meeting of the
Promotion Committee. Meeting notes attached.
Community Relations and Outreach Meeting - Wombacher
Wombacher highlighted the main points of discussion from the May 10 and May 24,
2006 meetings of the Community Relations and Outreach Committee. Meeting notes
attached.
OPERATIONAL REVIEW-Kopping
Staff reports were reviewed and discussed. Some minor typographical corrections were
made.
The chair of the Board of Directors of Ecumenical Towers invited Kopping to a meeting
with the design team working on a plan for a second elevator at Ecumenical Towers.
The purpose of this meeting was to review and discuss the plans that the group hoped to
implement.
Kopping went to the meeting accompanied by fellow city employees Kumi Morris,
Architectural Services, Shaun Bradbury, Project Engineer, and Craig Buhman
Maintenance Worker III.
The proposed 10+ story elevator would be an addition to the exterior of Ecumenical
Towers on the northwest corner of that building. It would be directly adjacent to the
northeast corner of the Senior Center and in very close proximity to the Center's east
wall. City staffers at the meeting expressed concern that this location would disrupt
access to the boiler room from the east side of the building, block an air intake vent for
the ground floor and perhaps impact the exterior design features of the building on the
east side. It would also block the large windows on the west wall of classroom 202 and
complicate exterior maintenance of the exterior of the building on the east side.
Nonetheless, the need for a second elevator that enhances mobility and promotes safety
among the residents of Ecumenical Towers is unquestioned.
The design team and chair of the Board of Directors for Ecumenical Towers were
advised that the Center is designated as a historic landmark and that any changes to the
exterior of the facility would need approval through historic preservation prior to
implementation.
Several other potential locations for the elevator were discussed at the meeting including
using a second elevator shaft that was built but never used for an elevator in the existing
building. Currently it is being used as a utility chase and can not be easily converted
back into an elevator shaft.
An architect has been retained to evaluate the current status of the Center's foundation
so that it can be monitored for changes in the event that the proposed project is
undertaken.
Senior Center staff is investigating whether or not the roof damage was caused by the
tornado or if it is age related ware and tear. City engineers, Senior Center Maintenance
and Advanced Builders have been involved.
2
DRAFT
MAY 2006
COMMISSION DISCUSSION:
Honohan summarized his report to the City Council. Hensch summarized her report to
the Board of Supervisors.
Motion: To adjourn. Motion carried on a vote of 7-0. Hensch/Kelly.
3
DRAFT
MAY 2006
Senior Center Commission
Attendance Record
Year 2006
Name Term 1/24 2/21 3/21 4/18 5/23
Expires
Bob Enoel 12/31/08 X X X X X
David Gould 12/31/08 X X X X X
Jo Hensch 12/31/06 X X X X X
Jav Hanahan 12/31/07 X X X X X
Betty Kelly 12/31/07 X OlE X X X
Sarah Maier 12/31/06 X X X X X
Nancy Wombacher 12/31/06 OlE OlE X X X
Key:
X=
0=
O/E=
NM=
Present
Absent
AbsenUExcused
No meeting
Not a member
4
MINUTES
IOWA CITY PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JUNE 1, 2006
LOBBY CONFERENCE ROOM, CITY HALL
PRELIMINARY
rnJ
Members Present: Emily Carter-Walsh, Charles Felling, Rick Fosse, Mark Seabold, Terry
Trueblood, DaLayne Williamson
Members Absent: Emily Martin
Staff Present: Karin Franklin
Others Present: NONE
CALL TO ORDER
Seabold called the meeting to order at 3:37 PM.
RECOMMENDATIONS TO COUNCIL:
Acceptance of the sculpture proposed by Mark NeuCollins for placement on the Peninsula Sculptor's
Showcase for 2006-2007 by a vote of 6-0.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
Feeling said that someone addressed him about the Art in the Park program and was especially
interested in the Angel sculpture from City Park. Franklin said that the piece is not considered public art,
but a memorial donated by an organization that approached the Parks and Recreations Commission. She
added that there was a lot of discussion about it concentrated around the issue of religious connotations.
Seabold asked if there were any submissions for the recognition for art not on public spaces. Franklin
said there were none. Seabold passed out copies of Glimpse, the map of public art he had developed for
Arts Fest.
CONSIDERATION OF THE MINUTES OF THE APRIL 6.2006 MEETING
Seabold said that the name of the public sculpture mentioned in the minutes should be A Muse instead of
The Muse, noting the name was changed by the artist after the meeting. Franklin indicated she would
make an editorial note.
MOTION: Martin moved to accept the minutes as amended. Fosse seconded the motion. The
motion passed on a vote of 6:0.
CONSIDERATION OF SCULPTURE PROPOSAL FOR THE PENINSULA SCULPTORS' SHOWCASE.
Mark NeuCollins, a graduate student MFA candidate in Info-Media Art at the University of Iowa, said that
he came up with a sculpture representative of the nature around the proposed location of the sculpture
which is prairie grass and wind. He said he made a model and 8 concept drawings of his idea, and
presented it to the commission. He said the sculpture will be three dimensional bent wood, 10 feet high,
with the larger bend towards the walkway. He expected to finish the piece by September.
Carter-Walsh commented she felt the piece was graceful with good flow and gesture. Fosse indicated he
like the piece also and asked if the components will be strong enough for people to sit on. NeuCollins said
that there should be no problem in this regard.
Seabold asked how the sculpture would connect to the base. NeuCollins said his basic idea is to use a
bolt with a socket, but he still needs to determine how to incorporate that in the final product.
Seabold asked if the wood used as raw material would be stained and visible. NeuCollins said he was
thinking of a painted gloss finish impervious to weather, and therefore the wood would not be
recognizable.
Carter-Waish said she liked the abstract quality in the natural landscape. Felling pointed out the oriental
styling, similar to calligraphy.
Public Art Advisory Committee Minutes
June 1, 2006
Page 2
Williamson said that it is a good design because it does not have a lot of surface area easily prone to
vandalism.
MOTION: Williamson moved to recommend to the Council that the proposed sculpture be installed
in the Peninsula Sculptor's Showcase. Carter-Walsh seconded the motion. The motion passed on
a vote of 6:0.
REVIEW OBJECTIVES FOR FY07
Franklin said that she included the goals for the current fiscal year to look at what was accomplished and
what the focus for the next 6 months should be. She noted that the goal of surveying the community
about the public art has not been pursued.
Williamson asked what they are trying to find out through the survey. Carter-Walsh said they have jumped
from the centralized downtown art to more dispersed neighborhood art pieces and it would be good to
know if it affects people at a day by day level.
Franklin said the program started with downtown public art, and moved to neighborhoods and then parks.
Carter-Walsh said that the outdoor sculptures might be attractive to populations that might not be
interested in going to museums. She said that it would be good to know who is seeing the art and what
they think.
Fosse said that the public's view of the importance of public art could be observed through the survey. He
said the commission is trying to expose the art to everybody, and some might not consider it as an
important part of their life. He noted that the opinions now could than be compared with the future
progress to determine progress in perceptions.
Felling added a comment from Nancy Purington who said the public art is like a gallery. Franklin said
Purington has been interested in the City supporting an art gallery, and the issue has been one of cost
and space.
Seabold asked if the commission is still interested in doing the survey. The commission agreed to pursue
further the survey. Franklin said they could do a survey online, but it would not be interactive. Williamson
said that it would have been good to have the survey ready to go at the end of the week. Franklin said
that the speed of the survey is not going to affect the work of the commission. She added that the survey
could be administered online and a flyer advertising the survey could be included in the utility bill, and
therefore reach more of the city popuiation. She added that if the survey will be administered using
multiple answering opportunities the information could not be interpreted statistically, but would just
inform the commission about the perceptions of the public.
Carter-Walsh said that comments will be as valuable as statistics.
Franklin said that an outline of questions and how it will be distributed will be presented at future
meetings.
Franklin said that another item would be printing and publishing the inventory of public art. In addition,
she said, another FY06 goal was to evaluate and solicit various alternative funding sources to increase
program revenue.
Fosse asked if the public can make donations for the public art program. Franklin said the City of Iowa
City welcomes any financial donations for the Public Art fund, which are tax deductible. Fosse said they
could create public-private partnerships for public art. He added they could recognize those donating to
the projects.
Carter-Waish asked if there are any issues of the commission being the solicitor of funds from private
entities. Franklin said there should not be any issues in this regard. She added that before pursuing
financial support there should be a project proposed that the public could support.
Carter-Walsh said that most discussions about sources of funding were about private sources, and she
asked if other government sources could also be considered. Franklin said that the State Department of
Cultural Affairs would not fund acquisitions but could offer funds for planning for a project and events.
2
_.._-------.---------~-~.._-~."-_._._.
Public Art Advisory Committee Minutes
June 1, 2006
Page 3
Franklin said that the update of existing artist database and installation of the Houses of the Northside on
area street markers are projects in progress, She noted that the installations of the arch in Benton Hili
Park and of the fence and tiles in the Transportation Center have been completed. She noted that most of
the goals for FY06 have been achieved.
Franklin suggested, as a public awareness strategy, development of an arts "scavenger hunt". The
concept would involve the map of public art completed by Seabold with a clue at each piece leading to
the next piece. Wiliiamson suggested some sort of prize at the finish with the sequence of the hunt
spelling out Iowa City Public Art, or a similar phrase. The committee decided to pursue this idea further to
have in place for Arts Fest 2007.
Felling said they should also think about the South Grand Avenue roundabout project and submissions.
Franklin said the item will be included on the next agenda to discuss specifics of the project and a Call.
COMMITTEE TIME/OTHER BUSINESS/UPDATES
Seabold said the dedication of the Anderson sculpture will be at 10 am on Saturday during Arts Fest.
ADJOURNMENT
The meeting adjourned at 4:40 PM.
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MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, MAY 22, 2006--5 :30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
C[J
DRAFT
MEMBERS PRESENT:
Gary Hagen, Saul Mekies, John Weatherson,
MEMBERS ABSENT:
Michael Christians, James Ehrmann
STAFF PRESENT:
Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling
OTHERS PRESENT:
Beth Fisher, Lee Grassley, Craig O'Brien
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that federal legislation that would put franchising authority at the national level,
rather than the city level, passed out of the House Commerce Committee. Issues regarding city control
of cable providers, access fund and net neutrality are covered in the proposed bill. Net neutrality
would prohibit Internet Service Providers from charging tiered rates. Those who would pay more in
this scenario include content providers and those needing more bandwidth. This practice is considered
radically different from the original concept of the Internet-which was built with taxpayer money.
There are substantial differences with the companion bill in the Senate. Mediacom opposes national
franchising and Net Neutrality provisions. Grassley said there are only 42 debate days remaining in
the Senate so passage this session may not occur. Grassley reported that Mediacom will playback the
Cable TV Division's Video Voter DVD on a regular schedule on their local channel across the state,
reaching 500,000 subscribers. In addition, Mediacom will offer the program on their free Video on
Demand service. PSAs will be produced to promote the program. Hagen said that as more mandated
broadcasters are placed on the basic tier that it could produce pressure to push off the access channels.
The City should be looking to expand the number of channels on the basic tier now rather than face
that situation in the future. Hardy reported that the City Channel has been working on many election-
related productions among which is the Video Voter Project and many candidate forums. Live election
results will be cablecast on the June 6 primary. Shaffer reported that there has been a lot oflegislative
activity at the federal level. Under the House bill, the COPE Act, (or Barton bill) the City could lose
18-20% of their franchise fee revenue. PATV could lose as much as one-half of their funding. The
Senate Commerce Committee has been holding hearings on the Stevens bill. Municipalities have
provided lots of input to the Senate and Stevens recently acknowledged that the bill might be too hard
on cities. More hearings are planned. There are significant differences between the two bills.
APPROVAL OF MINUTES
Hagen moved and Weatherson seconded a motion to approve the amended April 24, 2006 minutes.
The minutes were approved unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Mekies welcomed Kirkwood Community College representative Craig O'Brien to the meeting.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Shaffer referred to the complaint report in the meeting packet. There were a total of eight complaints.
Shaffer said that he left several messages with the complainants in the two unresolved complaints and
has received no response, which usually indicates that the complaint has been resolved.
MEDlACOM REPORT
Grassley reported that federal legislation that would put franchising authority at the national level
passed out ofthe House Commerce Committee. An amendment that would prohibit Internet Service
Providers from providing preferential treatment with regards to bandwidth to those who either pay
more or provide content the ISP controls, commonly called "Net Neutrality", will likely be offered
from the floor. There are substantial differences with the companion bill in the Senate. Mediacom
opposes national franchising and Net Neutrality provisions. Grassley said there are only 42 debate
days remaining in the Senate so passage this session may not occur. Grassley reported that Mediacom
will playback the Cable TV Division's Video Voter DVD on a regular schedule on their local channel
across the state, reaching 500,000 subscribers. In addition, Mediacom will offer the program on their
free Video on Demand service. PSAs will be produced to promote the program. Weatherson said that
with regards to federal legislation that the net neutrality provisions are intend to prevent ISPs, such as
Mediacom, from charging additional fees from content providers for larger bandwidth. Weatherson
noted that subscribers already bear the maintenance and overhead costs ofthe Internet service through
their fees. Shaffer said that the cost of the Internet infrastructure originated in the Department of
Defense and that it was taxpayer money that made the Internet possible.
Hagen said that as more mandated broadcasters are placed on the basic tier that it could produce
pressure to push off the access channels. The City should be looking to expand the number of
channels on the basic tier now rather than face that situation in the future. Grassley said Mediacom has
tried to address the issue of programming contracts with the Federal Communications Commission.
The bundled programming contracts with some program providers requires cable companies to put one
of their channels on the basic tier. Grassley said that in the event that a broadcaster on the basic tier
were to stop broadcasting that Mediacom would consult with the Commission on what channel to
replace it on put the basic tier.
UNIVERSITY OF IOWA REPORT
McBride was unable to attend but provided a quarterly report.
PATV REPORT
No representative was present.
SENIOR CENTER REPORT
Rogusky was unable to attend.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Hoyland was unable to attend but asked Shaffer to inform the Commission that they received several
programs from the City of Coralville and the City of North Liberty for playback on channelZl.
LIBRARY REPORT
Fisher reported that a part-time paid intern was hired to assist with productions. The Summer Reading
Program will begin the first week of June and many ofthe events will be carried on the library channel.
KIRKWOOD REPORT
O'Brien said that the former Commission representative from Kirkwood thought he had informed
O'Brien of the Commission meetings and assumed that the meeting packet sent to him was an extra
copy. In the past there had been more distant learning courses on the channel but more distant learning
classes are now on the Internet. Kirkwood has no dedicated staff for their cable TV operations. Play
back is currently by 5 SVHS decks, but a video server will be installed in the near future. Shaffer
asked what courses for credit are played on the channel. O'Brien said Kirkwood offers a class in GPS
for Farmers, Math for Decision Making, and Encounter in Humanities. Shaffer asked how many
students use the cable TV classes. O'Brien said he will get that information.
CITY MEDIA UNIT REPORT
Hardy reported that the City Channel has been working on many election-related productions among
which is the Video Voter Project and many candidate forums. Live election results will be cablecast
on the June 6 primary. Hardy said he has been working on revising the programming strategy. The
Community Television Group is not ready to provide a report on alternative uses for the pass through
fund CTG allocation. The CTG will need to meet to finalize their report.
CABLE ADMINISTRATOR REPORT
Shaffer reported that Mediacom recently submitted their annual rate filing. There was no proposed
increase in the basic tier and an $0.11 increase in the maximum permitted rate. Shaffer has been
talking with Jon Koebrick of Mediacom and the police department to facilitate local activation of the
emergency alert system. A program on state and congressional movements that would affect cable TV
in Iowa City will be shot tomorrow. July 1Z is the deadline for applications to be submitted for the
open seat on the Commission. 15 dignitaries from the Middle East and Africa were recently given a
tour of the City Cable TV Office.
CITY CABLE TV DNISION ANNUAL REPORT
Shaffer said that the City Cable TV Division annual report was included in the meeting packet for
Commissioner's review.
ACCESS CHANNEL OUESTIONAIRE
Shaffer said a summary of the access channel questionnaires was included in the meeting packet.
Mekies said that the summary was helpful and what the Commission needed to help better understand
local access operations.
COMMUNITY TELEVISION GROUP PROPOSAL
This item was deferred to the next meeting.
VIDEO VOTER PROJECT
Shaffer reported that taping of candidate statements had just been concluded. There was good
participation and the candidates appreciated the service. Candidate statements will be on the City
Channel's web site, played back on numerous public, educational, and government access channels
across the state, played back by Mediacom on their local channel across the state (typically channel
22), and made available on Mediacom's free video on demand service.
LEGISLATION UPDATE
Shaffer reported that there has been a lot of legislative activity at the federal level. Under the House
bill, the COPE Act, (or Barton bill) the City could lose 18-20% of their franchise fee revenue. PATV
could lose as much as one-half of their funding. The Senate Cornmerce Committee has been holding
hearings on the Stevens bill. Municipalities have provided lots of input to the Senate and Stevens
recently acknowledged that the bill might be too hard on cities. More hearings are planned. There are
significant differences between the two bills.
WIFI
Shaffer referred to the articles on WiFi included in the meeting packet. Shaffer said there are lots of
scenarios each with pros and cons that cities will need to take into account when examining the issue.
Mekies said he would like to continue to track private operations offering public access WiFi.
Weatherson said the largest entity to consider when looking at how to promote WiFi systems is the
University ofIowa. Mekies said he would like to consider web cams in the downtown area.
ADJOURNMENT
Hagen moved and Weatherson seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:34 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Date Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek
Thrower
6/2/03 x x x x x
7/28/03 x x x x x
8/25/03 x x x x ole
9/22/03 x x x x ole
10/27103 x x x x ole
11/24/03 x x ole x x
12/15/03 ole ole x x x
112/04 x ole x x x
1/26/04 x x x x x
2/23/04 x ole x ole x
3/22/04 x x x x x
41 26/04 x x x x O/C
5/24/04 x x O/C x x
6/28/04 x x x ole x
7/26/04 ole x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27104 X X X X X
10/25/04 X X
11/04 Did not meet Did not meet Did not meet Did not meet Did not meet
X X X X X
12/20104
1124105 X X X X X
2/28/05 X X X X
Garv Haaen
3/8/05 X X X X X
3/25/05 X 0 X X X
4/25/05 x ole X X X
5/23/05 X 0 x vaeanev X
James X x Bebe x
Ehrmann Balantvne
6/27105 X x X X X
x Michael
Chritians
7/25/05 0 X X X X
9/26/05 0 X X 0 X
10/31/05 X X ole X X
11/28/05 X X X X X
1123106 ole X X 0 X
2.27106 X X X 0 X
3/27106 ole X X John X
Weaterson
X
4/24/06 X X X X X
5/22/06 0 x xlo x x
(X) = Present
(0) = Absent
(O/C) = AbsenVCalled (Excused)
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
POLICE CITIZENS REVIEW BOARD
MINUTES - June 12, 2006
DRAFT
~
Chair Greg Roth called the meeting to order at 5:34 p.m.
Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson
None
Legal Counsel Catherine Pugh and Staff Kellie Tuttle
Cap!. Tom Widmer of the ICPD
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #06-01.
CONSENT
CALENDAR
OLD BUSINESS
NEW BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
Motion by Horton and seconded by Barnhill to adopt the consent calendar.
. Minutes of the meeting on 05/09/06
. ICPD Use of Force Report - April 2006
Motion carried, 5/0.
None.
The Board reviewed and made changes to the draft of the annual report.
Motion by Barnhill and seconded by Engel to approve the PCRB FY06 Annual Report as
amended. Motion carried, 5/0.
Motion by Horton and seconded by Larson to grant the 30-day extension to the Chief for
PCRB #06-02.
None.
Barnhill would like to add two items on the next agenda. City Code Section 8-8-6(E) /
Policy & Procedure for extension requests and Meeting Times.
None.
Motion by Barnhill and seconded by Horton to adjourn into Executive Session based on
Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required
or authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22-7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
PCRB
June 12, 2006
Page 2
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
Motion carried, 5/0. Open session adjourned at 5:53 P.M.
REGULAR
SESSION
Returned to open session at 6:18 P.M.
Motion by Horton and seconded by Larsen to forward the Public Report as amended for
PCRB Complaint #06-01 to City Council. Motion carried, 5/0.
MEETING SCHEDULE
. July 11, 2006, 5:30 P.M., Lobby Conference Room - Time Changed
. August 8, 2006, 7:00 P.M., Lobby Conference Room
. September 12, 2006, 7:00 P.M., Lobby Conference Room
. October 10, 2006, 7:00 P.M., Lobby Conference Room
Motion by Barnhill and seconded by Larsen to change the time of the July 11 meeting to
5:30 P.M.. Motion carried, 5/0.
ADJOURNMENT
Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0.
Meeting adjourned at 6:22 P.M.
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POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO:
City Council
Complainant
Stephen Atkins, City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
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RE:
Investigation of PCRB Complaint #06-01
DATE:
June 12, 2006
This is the Report of the Police Citizens Review Board's (the "Board") review of
the investigation of Complaint PCRB #06-01 (the "Complaint").
Board's Responsibilitv
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job
is to review the Police Chiefs Report ("Report") of his investigation of a
complaint. The City Code requires the Board to apply a "reasonable basis"
standard of review to the Report and to "give deference" to the Report "because
of the Police Chiefs professional expertise" (Section 8-8-7B (2)). While the City
Code directs the Board to make "findings of fact", it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these
findings are "unsupported by substantial evidence", are "unreasonable, arbitrary
or capricious" or are "contrary to a Police Department policy or practice or any
Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c.
Board's Procedure
The Complaint was received at the Office of the City Clerk on February 3, 2006.
As required by Section 8-8-5 of the City Code, the Complaint was referred to the
Chief of Police for investigation.
The Chiefs Report was due on May 4, 2006 and was filed with the City Clerk on
April 28, 2006.
The Board voted to review the Complaint in accordance with Section 8-8-
7B(1 )(a), on the record with no additional investigation.
The Board met to consider the Report on May 9, 2006 and June 12, 2006.
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FindinQs of Fact
The complainant alleges that Officer A violated his 4th Amendment Right
protecting him from unreasonable search and seizure when the officer requested
him to submit to the two field sobriety tests.
The general facts of the incident, as follows, are not in dispute. On Friday,
January 6, 2006, at approximately 01 :05 hours, Officer A performed a traffic stop
at the intersection of Riverside Drive and Iowa Avenue of a vehicle due to a faulty
taillight, driven by the complainant.
Iowa law allows a peace officer to test the driver of a motor vehicle when
reasonable grounds exist to believe the driver may be intoxicated. Reasonable
grounds were established for the following reasons: All parties interviewed
agreed that Officer A would reasonably have detected the odor of alcohol coming
from inside the vehicle; the complainant's red eyes; the time of day; and the
location of the vehicle when first observed by Officer A.
Computer Aided Dispatch shows the length of the traffic stop at 14 minutes.
Officer A requested the complainant to perform the Horizontal Gaze Nystagmus
Test and submit to a Preliminary Breath Test. The complainant stated that he
agreed to perform the field sobriety tests. The complainant never stated he did
not wish to perform the tests nor tried to seek protection against an unreasonable
search or seizure under the 4th Amendment.
Both tests indicated that the complainant was not impaired and had no evidence
of alcohol in his system. The complainant was given a verbal warning regarding
the taillight and was released from the scene.
Conclusion
By a vote of 4-0 with 1 member absent, the Board set the Level of Review for this
complaint at 8-8-7(B)(1 )a, believing there to be enough information in the Chiefs
Report, and other attached materials, to allow the Board to come to an informed
conclusion.
The Board finds allegation #1 to be not sustained. The Board believes
reasonable grounds did exist for Officer A to request the complainant to submit to
the Horizontal Gaze Nystagmus Test and a Preliminary Breath Test.
The Board concludes the findings of the Chief of Police are supported by
substantial evidence; or are reasonable, not arbitrary or capricious; or are
consistent with a Police Department policy or practice or Federal, State or Local
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Complaint #06-01
Alleaation #1: Violation of 4th Amendment Riaht
The board has no cause to suspect or believe that Officer A violated the 4th
Amendment Right of the complainant. Allegation #1 against Officer A is not
sustained.
Comment
On Wednesday, February 1, 2006, Officer A charged the complainant with
"Vehicle for Hire - Liability Insurance." The PCRB complaint against Officer A
was time stamped on Friday, February 3, 2006.
In his closing statement to investigators, the complainant stated he would make
his complaint go away if the charge against him was dropped.
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