HomeMy WebLinkAbout2006-08-31 Info Packet
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CITY OF IOWA CiTY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
August 31,2006
SEPTEMBER 5 SPECIAL WORK SESSION ITEMS
IP1 City Council Meetings and Work Session Agendas
IP2 Memorandum from the City Clerk: Vehicle for Hire (Taxi) Issues
MISCELLANEOUS
IP3 Letter from Mayor Wilburn to Iowa State Senators and Representatives: Legislative
priorities
IP4 Letter from Mayor Wilburn to Nancy Quellhorst: Parking in the middle of Dubuque Street
IP5 Memorandum from the Director of Parking and Transit and the Assistant Director of Planning
and Community Development: One-year status report on Court Street Transportation
Center
IP6 Memorandum from the Director of Public Works: Graffiti Control
IP7 Memorandum from the Public Works Project Coordinator: Agenda Items
IPS Memorandum from the Management Analyst: Expenditure Estimates - April 13, 2006 storm
IP9 Email from Ryan Meyer: Foster Road and Dubuque Street traffic concern [staff response
included]
IP10 Agenda: Economic Development Committee September 5, 2006 (Preliminary minutes for
August 22, 2006 enclosed)
IP11 Minutes: Johnson County Paratransit Advisory Board: June 30, 2006 [submitted by
Council Member Vanderhoef]
IP12 Minutes: East Central Iowa Council of Governments: June 29, 2006
PRELIMINARY/DRAFT MINUTES
IP13 Human Rights Commission: August 22,2006
IP14 Board of Adjustment: August 9, 2006
IP15 Historic Preservation Commission: August 10, 2006
IP16 Youth Advisory Commission: August 14, 2006
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CITY OF IOWA CiTY
City Council Meeting Schedule and
Work Session Agendas
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August31,2006
www.icgov.org
. TUESDAY. SEPTEMBER 5 Emma J. Harval Hall
5:00p Special Council Work Session
. Planning and Zoning Items
. Council Appointments
. Tree Replanting
Dinner Provided . Fire Occupancy - Building Code [reference agenda item 12]
. Vehicle for Hire
. Agenda Items
. Council Time
. Schedule of Pending Discussion Items
. Future meeting Schedule
7:00p Formal Council Meeting
TENTATIVE FUTURE MEETINGS AND AGENDAS I
. MONDAY, SEPTEMBER 18 EmmaJ. HarvatHall
6:30p Council Work Session
. TUESDAY, SEPTEMBER 19
7:00p Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, OCTOBER 2
6:30p Council Work Session - Budget Priorities
Emma J. Harvat Hall
. TUESDAY, OCTOBER 3
7:00p Formal Council Meeting
Emma J. Harvat Hall
. WEDNESDAY, OCTOBER 4
4:30p Tentative Joint Meeting (School District)
Ie School District
. MONDAY, OCTOBER 16
6:30p Council Work Session
Emma J. Harvat Hall
. TUESDAY,OCTOBER17
7:00p Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, OCTOBER 30
6:30p Special Council Work Session
Emma J. Harvat Hall
. MONDAY, NOVEMBER 6
6:30p Special Council Work Session
Emma J. Harvat Hall
. TUESDAY, NOVEMBER 7
Election Day - No Meeting
Emma J. Harvat Hall
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CITY OF IOWA CITY~
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 28, 2006
Mayor and City Council
Marian K. Karr, City Clerk N-V--f-
Vehicle for Hire (Taxi) Issues
Over the years we have experienced an increase both in interest to start a company, and
the number of complaints and questions regarding operation. I have attempted to list a
number of issues (Exhibit A).
Currently the City has 15 companies and 53 vehicles licensed (Exhibit B). At the present
time three other companies have expressed interest in starting business in the City. City
ordinance requires a licensing/permitting procedure for companies as well as drivers.
The licensing year starts March 1, and applications are sent in January each year. I
recommend that any changes be made in the fall so we can notify current companies and
drivers. I have provided a copy of the current code (Exhibit C) for discussion; references
are noted in Exhibit B. Depending on Council direction some ordinance amendments
may be needed.
My goal is to see ifthere is a majority of Council interested in addressing any of the
items listed at your work session on September 5.
Cc: Police ChiefHargadine
Police Sgt. Lalla
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EXHIBIT A
Requirements for company status within Iowa City
Current Code Sections: 5-2-2; 5-2-8
24/7 hours of operation
Local office open 24/7
(or minimally a 24/7 emergency land phone number; no cell)
Minimum number vehicles for company status
Retain throughout the year
Approval of color scheme expires 30 business days unless vehicles licensed
Vehicles
Current Code Sections: 5-2-3; 5-2-4; 5-2-7; 5-2-8; 5-2-10
Distinctive color scheme
Solid color only plus lettering
No smoking
Appearance
Safe and clean
Exterior versus interior standards
Ability to stop and do spot inspection through out the year
Semi annual (rather than annual) vehicle licensing
Taxi bubble light
Meter
Insurance limits
Must be owned and insured by company (not privately leased)
Cab Stands
Current Code Sections: 5-2-9
Availability downtown (not just at Transportation Center)
Driver ill
Current Code Sections: 5-2-5; 5-2-6; 5-2-10
Include name of company
Require new badge for different company
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EXHIBIT B
1) Old Capitol Cab (6 Vehicles)
Top: Chevy Red
Bottom: Chevy Red
Lettering: White
2) Yellow Cab (14 Vehicles)
Top: Yellow
Bottom: Yellow
Lettering: Black
3) Airport Express (2 Vehicles)
EXEMPT from Color Scheme
4) Airport Shuttle Service (8 Vehicles)
EXEMPT from Color Scheme
5) A-OK Taxi (1 Vehicle)
Top Roof: White
Bottom: Aqua Blue
Lettering: White
6) I.C. Cab (1 Vehicle)
Top: White
Bottom: White & Teal Stripe
Lettering: Teal
7) Red Line Cab (3 Vehicles)
Top: Red
Bottom: Red
Lettering: Gold
8) Black and Gold Cab Company (5 Vehicles)
Top: Black
Bottom: Gold; Hood Black; Trunk: Black
Lettering: Black
9) Larson's Limousine Service (1 Vehicle)
Top: White
Lettering: Copper
Bottom: White & Brushed Gold Stripe
10) Five Stars Taxi (5 Vehicles)
Top: Roof, Hood, Trunk Top, Side doors - Red
Bottom: Red and White
Lettering: White
11) Tony's Taxi (1 Vehicle)
Top: Adriatic Blue
Bottom Adriatic Blue
Lettering: Dark Blue
12) Green Cab (1 Vehicle)
Top: Green
Bottom: Green
Lettering: White, wi yellow flower logo
13) Econo Cab PENDING - No vehicles at this time
Top: Green
Bottom: Green
Lettering: White square wi Gold lettering inside
14) Black and White Cab (3 Vehicles)
Top: Black
Bottom: Top of Hood Black, Part of roof Black, Lift Gate Black
Lettering: White (on back 2 side windows & rear windows)
15) Marco's Taxicab Co. (2 vehicles)
Top: Green
Bottom: Yellow
Lettering: Green
U:Vfhimprovements.doc
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5-2-1
SECTION:
5-2- 1:
5-2- 2:
5-2- 3:
5-2- 4:
5-2- 5:
5-2- 6:
5-2- 7:
5-2- 8:
5-2- 9:
5-2-10:
5-2-11 :
5-2-12:
5-2-1 :
5-2-1
EXHIBIT C
CHAPTER 2
VEHICLES FOR HIRE
Definitions
Application
Liability Insurance Requirements
Vehicle Inspection Required
State Chauffeur's License Required
Driving Badge Requirements
Vehicle For Hire Rates
Vehicle For Hire Requirements
Vehicle For Hire Stand
Terms Of Decals And Badges; Renewals
Horsedrawn Vehicles
Revocation Of Licenses And Permits
DEFINITIONS: As used in this chapter, the following
definitions shall apply:
A vehicle furnished with a driver that carries
passengers for hire exclusively on a route that
either starts at or ends at the eastern Iowa
airport.
AIRPORT SHUTTLE:
APPLICANT:
An individual or company wishing to operate
vehicles for hire within the corporate city limits.
A vehicle furnished with a driver that carries
passengers for hire either on a fixed route in the
city or pursuant to a written contract with
reservations at least twenty four (24) hours in
advance of the service.
CHARTER
TRANSPORTATION:
DECAL:
A license issued by the city clerk which must be
attached to each vehicle for hire for identifica-
tion.
Iowa City
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5-2-1
5-2-2
DRIVER:
A person authorized by the city to drive a
vehicle for hire.
DRIVING BADGE:
A card or badge issued by the city clerk to each
driver authorized to operate a vehicle for hire.
HORSEDRAWN
VEHICLE
Any vehicle operated or pulled by a horse,
furnished with a driver and carrying passengers
for hire within the city.
PEDICA
A vehicle propelled exclusively by human power
through a belt, chain or gears, having two (2) or
more wheels, furnished with a driver and
carrying passengers for hire. It shall be
equipped with properly functioning front and
rear lights for nighttime operation, right and left
rearview mirrors and right and left turn signals.
RATE CARD:
A card to be displayed in each vehicle for hire
containing the maximum fare rates then in
force.
STREET:
Any street, alley, court, lane, bridge or public
place within the city.
VEHICLE FOR HIRE:
All vehicles furnished with a driver that carry
passengers for hire within the city, including, but
not limited to, taxicabs, pedicabs, horsedrawn
vehicles, and airport shuttles. 'Charter transpor-
tation' as defined in this section and a vehicle
owned or operated by any governmental entity
that provides public transportation are not
vehicles for hire. (Ord. 02-3999, 1-8-2002, elf.
3-1-2002; amd. Ord. 05-4149, 1-6-2005, elf.
3-1-2005)
5-2-2: APPLICATION:
A. Vehicle For Hire: Each applicant of a vehicle for hire shall file an
application with the city clerk on forms provided by the city, shall be
verified and shall furnish the following information:
1. The name and address of each person with an ownership interest
in the company wishing to operate a vehicle for hire.
Iowa City
5-2-2
5-2-3
2. The experience of the applicant in the transportation of
passengers.
3. The record of convictions of misdemeanors and/or felonies,
including moving and nonmoving traffic violations, and certified state
of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection A1 of this section.
4. Such further pertinent information as the city may require.
B. Decal:
1. Application Forms: Each applicant of a vehicle for hire shall also
file an application for decal with the city clerk on forms provided by
the city, per each vehicle.
2. Attachment Of Decal: No vehicle for hire shall be operated on any
street within the city unless a decal has been issued by the city
clerk. The decal shall be attached to the lower corner of the front
windshield on the passenger side. Pedicabs or horsedrawn vehicles
shall display the decal on the left rear of the vehicle.
3. Issuance Or Denial Of Decal; Nontransferability:
a. The city clerk shall issue a decal to each applicant when the
police chief determines that there is no information which would
indicate that the issuance would be detrimental to the safety, health
or welfare of residents of the city. The decal shall be nontransferable
as between vehicles and applicants.
b. The refusal to issue a decal may be based on an adverse
driving record, conviction of other crimes or when the applicant's
prior experience demonstrates a disregard for the safety of others
and/or a lack of responsibility. (Ord. 02-3999, 1-8-2002, eff.
3-1-2002)
5-2-3: LIABILITY INSURANCE REQUIREMENTS:
A. Requirements:
1. As a condition to granting a decal to operate a vehicle for hire in
the city, the applicant shall file with the city clerk evidence of liability
insurance coverage via a certificate of insurance which shall be
Iowa City
5-2-3
5-2-5
executed by a company authorized to do insurance business in this
state and be acceptable to the city.
2. Each certificate shall also provide ten (10) calendar days' prior
written notice of any nonrenewal, suspension, cancellation,
termination or bankruptcy of the vehicle for hire.
3. The minimum limits of such policy shall be determined by city
council resolution.
B. Failure To Obtain Insurance: Failure of any applicant to maintain
such coverage in full force and effect throughout the life of the decal
shall constitute immediate revocation of the decal with no further
notice required. (Ord. 02-3999,1-8-2002, eff. 3-1-2002)
5-2-4: VEHICLE INSPECTION REQUIRED:
A. Each applicant for issuance or renewal of a vehicle for hire decal
shall submit with the application a current certificate of inspection
issued by the chief of police or the chief's designee. The chief of
police or the chief's designee will establish standards of mechanical
fitness for such vehicles and will examine and certify vehicles for
mechanical fitness.
B. The chief of police or the chief's designee may require reinspection
of a vehicle on belief that a vehicle is not mechanically fit. In the
event any vehicle for hire is determined by the police chief or the
chief's designee not to be mechanically fit, the decal shall be
confiscated by police and returned to the city clerk. After
reinspection and determination that the vehicle for hire meets the
standards of mechanical fitness a new decal will be issued and
charged as established by council resolution. (Ord. 02-3999,
1-8-2002, eff. 3-1-2002)
5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: No person
shall operate a motorized vehicle for hire on the streets of the
city, no person who owns or controls a motorized vehicle for hire shall
permit it to be so driven, and no motorized vehicle for hire licensed by the
city shall be so driven for hire unless the driver of such motorized vehicle
for hire shall have first obtained and shall have then in force a chauffeur's
license issued under the provisions of the code of Iowa, as amended. (Ord.
02-3999, 1-8-2002, eff. 3-1-2002)
Iowa City
5-2-6 5-2-6
5-2-6: DRIVING BADGE REQUIREMENTS:
A. Badge Required: No person shall operate a vehicle for hire on the
streets of the city, no person who owns or controls a vehicle for hire
shall permit it to be so driven, and no vehicle for hire licensed by the
city shall be so driven at any time for hire unless the driver of such
vehicle shall have first obtained and shall have then in force a
driving badge issued by the city clerk.
B. Application For Badge: Each person desiring to drive a vehicle for
hire shall file an application for a driving badge with the city clerk.
Such application shall be verified under oath and shall furnish the
following information:
1. The name and address of the person.
2. The experience of the person in the transportation of passengers.
3. The person's record of convictions of misdemeanors and/or
felonies, including moving and nonmoving traffic violations, and
certified state of Iowa criminal history and certified state of Iowa
driver's record.
4. Motorized vehicle for hire drivers shall possess a currently valid
Iowa chauffeur's license.
5. Such further pertinent information as the city may require.
C. Issuance Or Denial Of Driving Badge:
1. The city clerk shall issue a driving badge to each person when the
police chief determines that there is no information which would
indicate that the issuance of such badge would be detrimental to the
safety, health or welfare of residents of the city.
2. The refusal to issue a driving badge may be based on an adverse
driving record and/or conviction of other crimes or, in the case of a
horsedrawn vehicle operator, failure to demonstrate ability to control
the animal and vehicle in traffic.
D. Badge To Be Displayed: Each person, while operating a vehicle for
hire in the city, shall prominently wear on the driver's person the
driving badge showing the full name of the driver and the driver's
photograph. The badge shall be provided by the city clerk. (Ord.
02-3999,1-8-2002, eff. 3-1-2002)
Iowa City
5-2-7 5-2-8
5-2-7: VEHICLE FOR HIRE RATES:
A. Display Of Rate Card And Disclosure And Estimate Of Rate:
1. Each vehicle for hire shall have prominently displayed a fare rate
card visible to all passenger seats, and each driver shall provide a
copy of the fare rate card to a passenger, when requested. A copy of
the fare rate card shall be filed with the city clerk.
2. A passenger of a vehicle for hire may request from the driver an
estimate of the fare to be charged, and the driver may provide such
an estimate based on the fares displayed on the rate card. The
driver of a vehicle for hire shall then charge a fare not to exceed the
estimate given plus the rate card fare for one-half ('/2) mile.
B. Receipts For Fare; Contents: A vehicle for hire driver shall provide a
written receipt to a paying customer, on request. Each receipt shall
contain the name and signature of the driver, the city decal number,
the total amount paid, the date of payment and the name of the
vehicle owner.
C. Right To Demand Prepayment Of Fare; Obligation To Carry
Passengers: The driver of a vehicle for hire shall have the right to
demand payment of the legal fare in advance and may refuse
employment unless so prepaid, but no driver shall otherwise refuse
or neglect to convey any orderly person, on request, anywhere in the
city, or in the case of horsedrawn vehicles, on the route filed with the
city clerk, unless previously engaged' or unable to do so. (Ord.
02-3999, 1-8-2002, eft. 3-1-2002)
5-2-8: VEHICLE FOR HIRE REQUIREMENTS:
A. Lettering Required: Each vehicle for hire shall have the name of the
owner or the operating company thereof on each side of the vehicle
in letters at least two inches (2') in height. Pedicabs and horsedrawn
vehicles may use lettering smaller than two inches (2'). Removable
lettering shall not be allowed. (Ord. 02-3999, 1-8-2002, eft. 3-1-2002)
B. Distinctive Color Scheme Required: Each vehicle for hire, except for
airport shuttles, shall be finished in a distinctive color so that it may
be readily and easily distinguished as a vehicle for hire which color
scheme shall and must at all times meet with the approval and
requirements of the city clerk. (Ord. 05-4149, 1-6-2005, eft.
3-1-2005)
Iowa City
5-2-8 5-2-10
C. Interior Lights: Each motorized vehicle for hire shall be equipped
with an interior light of sufficient candlepower to amply illuminate the
interior of the vehicle for hire at all times. The light shall be so
arranged as to be easily accessible to and operable by passengers;
however, interior lights may be disconnected at any time after
sunrise and before sunset. (Ord. 02-3999, 1-8-2002, eff. 3-1-2002)
5-2-9: VEIDCLE FOR HIRE STAND:
A. Application For Use Of Stand: The owner or operator of a vehicle for
hire licensed pursuant to this chapter may apply for the exclusive
use of a designated parking space for the vehicle for hire. The
location of a parking stand shall be determined and approved by the
city manager, or designee, as provided in title 9 of this code '.
B. Fee: The city council shall determine by resolution the fee for a
parking stand.
C. Authorization: The city clerk shall authorize a parking stand after the
location has been determined by the city manager, or designee, and
after the applicant has paid the required fee to the city clerk. (Ord.
02-3999, 1-8-2002, eff. 3-1-2002)
5-2-10: TERMS OF DECALS AND BADGES; RENEWALS:
A. Driving badges shall be valid for a period of one year from date of
issuance or the remaining period of chauffeur's license if under one
year.
B. Decals shall be valid for one year and shall commence March 1, or
on the date the operations are started, and shall terminate the last
day in February.
C. Renewals shall follow the same procedure as set for initial issuance.
(Ord. 02-3999, 1-8-2002, eff. 3-1-2002)
1. See subsections'9-1-3A19 and 9-4-100 of this code.
Iowa City
5-2-11 5-2-11
5-2-11: HORSEDRAWN VEffiCLES:
A. Routes: A horsedrawn vehicle applicant must adhere to the routes
specified in the application for a license. A new or temporary route
must be filed with the city clerk before an applicant may use such
route.
B. Removal Of Animal Waste:
1. All horses pulling horsedrawn vehicles shall be equipped with
adequate devices to prevent manure and other excrement from
falling on the streets of the city 1.
2. Any excrement which falls on the city streets shall be removed
immediately at the applicant's expense.
3. All animal waste for disposal shall be transported to sites or
facilities legally empowered to accept it for treatment or disposal.
C. Animal Treatment And Health2:
1. Treatment Of Animals:
a. Applicants shall assure adequate rest periods, feeding
schedules, health and related animal performance and well being for
each animal under the applicant's ownership, care or control. This
responsibility shall include carriage load limits, hours of operation
and daily hours of animal usage.
b. The feeding of an animal drawing a vehicle for hire from a
feedbag or bucket along any street or alley is permitted so long as
the animal is not permitted to graze.
c. No animal shall be left unattended while in service.
2. Health Certificate:
a. For each animal that will be pulling a horsedrawn vehicle, the
applicant shall provide to the city clerk a certificate of soundness,
issued by a veterinarian licensed by the state, finding each animal to
1. See also subsection 8-4-6H of this code.
2. See section 8-3-3 of this code for crualty to animals.
Iowa City
5-2-11
5-2-12
be free from infectious disease, in good health and fit for hack and
carriage service under this chapter.
b. After initial inspection, each animal shall be reinspected at
intervals of no more than six (6) months, and a certificate of
soundness shall be issued by a veterinarian and filed with the city
clerk in order for each animal to remain in service.
D. Equipment Requirements:
1. Every horsedrawn vehicle shall conform to such requirements as
may be imposed by state law with respect to equipment.
2. Each vehicle shall be equipped with rubber tires. (Ord. 02-3999,
1-8-2002, eft. 3-1-2002)
5-2-12:
REVOCATION OF LICENSES AND PERMITS: License and
permits issued under this chapter may be revoked as
section 5-1-5 of this title. (Ord. 02-3999, 1-8-2002, eft.
provided in
3-1-2002)
Iowa City
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CITY OF IOWA CITY
SAME LETTER SENT TO: The Honorable Robert Dvorsky
The Honorable Joe Bolkcom
The Honorable Jim Hahn
The Honorable David Jacoby
The Honorable Jeff Kaufmann
The Honorable Vicky Lensing
The Honorable Mary Mascher
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
August 24, 2006
Dear
The City Council ofIowa City would like to meet with legislators prior to the start of the
session to identify legislative priorities for the upcoming session.
Council would like to suggest:
~ Monday, November 13, 4:30-6:30 *
Please contact City Clerk Marian Karr (marian-karr@iowa-city.orgor 356-5041) to
confirm this date OR suggest another day and time.
The meeting will take place in Harvat Hall of City Hall, 410 East Washington Street.
Council will be discussing agenda items at an upcoming work session, and an agenda
prepared for the joint meeting based upon that discussion. I will forward an agenda to
you with confirmation in the near future. Thank you for setting aside time to meet with us
and we look forward to a short productive meeting.
Sincerely,
Ross Wilburn
Mayor
* This date replaces the previous suggestion of October 30.
August 22, 2006
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CITY OF IOWA CITY
Nancy Quellhorst, President & CEO
Iowa City Area Chamber of Commerce
325 E. Washington Street
Iowa City, IA 52240
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Dear Nancy:
At the request of the Iowa City Area Chamber of Commerce the Iowa City City Council
addressed the issue of vehicles parking in the middle of Dubuque Street at the work session
August 21, 2006. At this meeting the following enforcement direction was given to staff.
Continue to enforce non commercial vehicles parked in the middle of Dubuque Street.
Enforce the fifteen (15) minute time limit on commercial vehicles loading/unloading
parked in the middle of Dubuque Street.
Enforce the thirty (30) minute limit on commercial vehicles parked in the commercial
vehicles loading zones in the downtown area.
Council discussed several additional changes that could be made to address this issue. We would
appreciate you reviewing these options and advising us of your position on each of them.
Create two commercial vehicle loading zones on Dubuque Street. This would require the
removal of a minimum of four (4) metered parking spaces. These spaces would be in
front of the Sports Column.
Meter the current commercial vehicle loading zones located on the one hundred (100)
and two hundred (200) blocks of Iowa A venue to replace the metered spaces lost in
loading zones installed on Dubuque Street.
Designate the central business alleys as loading zones and limit loading/unloading to
commercial vehicles only.
Pass an ordinance that prohibits parking in the middle of the street to load/unload.
Establish delivery times in the central business district.
We look forward to hearing from you in the near future. At that time Council will again address
this issue in a work session and give final direction to staff.
Q~)-QL
Ross Wilburn
Mayor
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C I T Y 0 F lOW A C I T Y~
MEMORANDUM
Date:
August 28, 2006
From:
City Council
Joe Fowler, Director of Parking and Transit ~ -W~
Jeff Davidson, Assistant Director of Planning & Community Development , n
To:
Re:
One-year status report on Court Street Transportation Center
Following is a one-year status report for the Court Street Transportation Center. The Court
Street Transportation Center was completed in August 2005 on the east side of block 102 in the
Near Southside Neighborhood. It includes a new Greyhound bus station, a childcare center,
leased commercial spaces, 600 parking spaces, bike lockers, and public art. The building
includes 235,000 square feet and was constructed for $10 million, approximately 80% of which
was paid for through funding from the Federal Transit Administration. The project was
completed on time and within budget.
All commercial spaces in the Court Street Transportation Center are currently leased. The focal
points are the aforementioned Greyhound bus station on Court Street and the Apple Tree
Childcare Center on Dubuque Street. The new bus station is working well, and the child care
center has met its one year goal for enrollment. In addition, the Grounds for Dessert coffee shop
and bakery will be opening in October on Dubuque Street, and a small commercial space next
to the Greyhound bus station has been leased as a private office. These leased spaces will
create a revenue stream that has allowed Iowa City Transit to establish a fuel reserve fund to
offset unexpected increases in the price of fuel. Next year a portion of the revenue stream will
be used to consider additional transit service increases.
The mix of long-term parking and short-term parking in this facility will evolve over time as
redevelopment of the adjacent neighborhood occurs. Of the 600 existing parking spaces, 70%
are currently dedicated to permit parking, which is sold out and has a waiting list. Iowa City
Transit operates Park & Ride service between the Court Street Transportation Center and the
downtown/UI campus employment center. The University has 300 bus passes for its employees
parking at the transportation center. We believe transit ridership between the transportation
center and downtown will increase significantly when the University completes its occupancy of
the second floor office space which is presently under construction at Old Capitol Center. This
will reduce vehicle trips in the downtown core area.
The remaining 180 parking spaces are reserved for short-term parking. Utilization of the short-
term spaces is relatively low at the current time, but will increase as additional redevelopment of
the area occurs. From May to August hourly revenue collected and parking debit card usage
increased 60%.
A principal purpose of the Court Street Transportation Center is to spur redevelopment of the
adjacent area, and this is occurring on the other half of block 102. The mixed-use Hieronymus
Square project is presently under consideration by the Planning & Zoning Commission and City
Council, and the Hieronymus Square developers will be purchasing up to 100 parking permit
spaces in the Court Street Transportation Center. These spaces will be created through attrition
August28,2006
Page 2
over the next three years. It may be possible to negotiate additional parking arrangements with
private developers as redevelopment occurs in the area.
We believe the Court Street Transportation Center is a successful, beneficial project for the City.
It demonstrates that such a facility can have multiple benefits by providing parking outside of the
downtown core area which is served by convenient public transit service; by creating a revenue
stream for Iowa City Transit; by providing leased commercial spaces which enhance the
downtown and Near Southside Neighborhood; and by providing a catalyst for additional
redevelopment of the area.
Let us know if you have any questions or comments.
cc: Steve Atkins, City Manager
Karin Franklin, Director of Planning & Community Development
Chris O'Brien, Parking Manager
Ron Logsden, Transit Manager
jccogadm/mem/1 yr-CSTC,doc
City of Iowa City
MEMORANDUM
~
To: Steve Atkins, City Manager
From: Rick Fosse, Public Works Director ~
Date: August 30, 2006
RE: Graffiti Control
~
WH~~
Controlling graffiti on bridges and retaining walls in the public right-of-way has
become more challenging in recent years. Anti-graffiti coatings, paint remover
and power washing have not been entirely effective and usually leave some trace
of the image.
We have implemented a new strategy that involves painting and retaining walls
and portions of bridges that are often vandalized. Now when graffiti occurs a
power washer is used to remove as much as possible and additional paint is
applied if necessary. The paint is a neutral color and is the same for all locations
which simplifies and minimizes the cost to respond to graffiti.
This technique has been implemented at the following locations:
o Retaining wall at the southeast corner of Ronalds and Dubuque.
o Retaining wall along Dodge St. between Iowa and Washington.
o Bridge piers for the Gilbert St. Railroad underpass.
o Bridge rail end walls at the CourtlMuscatine intersection.
Feedback has been positive.
Cc: Bud Stockman
City of Iowa City
MEMORANDUM
rnJ
Date: August 30, 2006
To: Steve Atkins ~1~
From: Kim sandberg",\~
Re: Agenda Items Cf,~
The following are costs associated with the Capital Improvement Projects being
presented for acceptance at the September 5th Council meeting:
1) South Gilbert SI. I Sand Rd. Improvements - Napoleon Ln. to Sycamore
SI. Project
Contractor: Metro Pavers
.:. Project Estimated Cost:
.:. Project Bid Received:
.:. Project Actual Cost:
$1,410,000.00
$1,396,068.73
$1,417,603.25**
Outside Funding
** Johnson County
$ 515,512.48
2)
Ridge Road Water Main Boring Project
Contractor: Gaylord Construction
.:. Project Estimated Cost: $
.:. Project Bid Received: $
.:. Project Actual Cost: $
73,500.00
20,250.00
19,850.00
I ~ 1
!~~~1lJ:
-...;;.... "'IIII'~
...,..-
CITY OF IOWA CITY~
MEMORANDUM
Date: August 31,2006
To: Stephen Atkins, City Manager
From: Leigh Lewis, Management Analyst
Re: Expenditure Estimates - April 13, 2006 storm
The attached schedule is an estimate of insured costs associated with the April 13, 2006 storm.
Uninsured expenditures include overtime wages and benefits, materials and contracts.
Estimates have also been provided for regularly scheduled staff hours and use of City-owned
equipment during storm relief efforts. These costs were charged to normal operations but are
typically included in estimates provided to FEMA.
Insured Losses: $929,410 to $1,204,410
Uninsured expenditures, including overtime: $364,328
Estimated regular wages, benefits: $117,874
Estimated costs, use of equipment: $ 92.749
Estimate of total expenditures: $1,504,361 to $1,779,361
-_._.._.._-_.~,_.~-_.__..__._--------~._-- -------"... ,_._-_.__._--'--_._--~----"- _.,..._._._---~-_._-_.- ~--_.__.._-_._-_._---,.,.__._--_._--_._-----,.~-".__._.,---.-- --- -.----.---,..--..,..-----
City of Iowa City
April 13, 2006 Insurance Claim
Estimate of Insured Costs
As of August 28, 2006
Civic Center
Exterior Envelope
Roof
HVAC
Misc.
$ 45,000
$ 6,600
$ 7,300
$26,400
$ 600
College Green Park - gazebo, misc. fixtures
$ 10,000
$ 85,000
Court Street Transportation Facility
Panel Replacement
Lighting
Deck crack repair
Roof
Windows
Misc. Other
$54,000
$21,000
undetermined
undetermined
$ 5,500
$ 4.500
Hickory Hill Park South - Shelter House
$ 4,000
Iowa City Kickers' Soccer Complex
Landfill - Lost Revenue
Library
HVAC
Other
North Wastewater Complex
Network Switch
Morgan Lab
Misc. & Administrative Costs
Parking Ramps
Dubuque (B)
Clinton/Capitol (A)
Chauncey Swan (C)
Lost Revenue
Parking - Property Mgmt
$ 3,320
$ 88,600
$ 60,000
$50,000
$10,000
$ 30,600
$ 8,400
$22,200
$ 12,800
$126,570
$47,400
$19,700
$37,000
$22,470
$ 12,000
Page 1 of 2
City of Iowa City
April 13, 2006 Insurance Claim
Estimate of Insured Costs
As of August 28, 2006
Rec Center
Facilitv repairs. to date:
$ 48,220
Pool Repairs
Other
$16,500
$31,720
Other estimated costs:
HVAC
est. $ 22,000
est. $105,000
Curtain Wall
Roof replacement
est. $ 75,000 - 350,000
Sr. Center
$ 2,600
$100,000
$100,000
$ 8,700
Traffic Signals, Lights
Trees
Wilson Building
l:m
Marian Karr
From: Jeff Davidson
Sent: Monday, August 2B, 2006 B:21 AM
To: 'rmeyer@youthinkitweprintit.com'
Cc: 'City Council; 'City Manager's Office; Bud Stockman; John Sobaski; Anissa Williams; Kent Ralston;
John Yapp
Subject: B/27 correspondence
Hello Ryan Meyer. Your correspondence below was forwarded to me for repiy. The No Right Turn on Red sign
posted at the Dubuque Street/Foster Road intersection is based on a traffic engineering measurement of visibility
at the intersection. The protected left turns are because of the speed and volume of opposing
traffic. You should feel free to contact the City Council and express your opinion. If a majority of the City
Council feels these matters should be reconsidered, they will direct us to do so.
Jeff Davidson, Traffic
Planning.
From: Ryan Meyer [mailto:rmeyer@youthinkitweprintit.com]
Sent: Sunday, August 27, 2006 7:42 PM
To: Bud Stockman; John Sobaski
Subject: Inept Traffic Engineering
To Whom It May Concern,
I'm writing to inquire as to how one goes about petitioning the city to remove the "no right turn on red" posted on
the intersection of Foster Road and Dubuque Street. This is a completely asinine policy, as is the turn-signal-only
policy to turn onto Foster Road, which only serves to waste expensive gasoline and valuable time. I demand
action. Please inform me of the best route to pursue this.
Thank you,
Ryan Meyer
1706 Louis Place
Iowa City, IA 52245
8/28/2006
IP10
AGENDA
City of Iowa City
City Council Economic Development Committee
Tuesday, September 5, 2006
9:00 a.m.
City Hall
Lobby Conference Room
410 East Washington Street
1. Call to Order
2. Approval of Minutes - August 22,2006
3. Activity Report, Aug. 22 - 29,2006
4. Report on CDSG Economic Development Fund
5. Discussion of application for TIF rebate for a development project - Hieronymus
Square Associates
. Discussion of LEED certification requirement
. Discussion of Hotel feasibility
6. Committee time
7. Adjournment
NEXT REGULAR MEETING DATE: Sept. 19,2006
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
AUGUST 22, 2006
LOBBY CONFERENCE ROOM
Preliminary
Members Present:
Regenia Bailey, Connie Champion, Bob Elliot
Members Absent:
NONE
Staff Present:
Karin Franklin, Tracy Hightshoe, Wendy Ford
Others Present:
Dennis Craven, Terri Morrow, Kevin Digmann, Mike Hodge, Nancy Quellhorst.
CALL MEETING TO ORDER
Chairperson Bailey called the meeting to order at 9:05 AM.
APPROVAL OF MINUTES - JULY 18. 2006
MOTION: Elliot moved to approve the July 18, 2006 minutes as submitted. Champion seconded.
the motion. The motion passed 3:0.
DISCUSSION OF TIF FOR A DEVELOPMENT PROJECT: SOUTHGATE DEVELOPMENT CO.
Franklin said both development projects included on the agenda are presented in a conceptual stage.
She noted Southgate Development is interested in presenting their concept to the committee in order to
get feedback.
Terri Morrow, Southgate Development Co, said their project is in the South Gilbert Street area. She
presented a map of the area and indicated the location of the proposed project. She noted that there are
a lot of blight industrial distribution users in the Coralville area and the project would try to attract some of
them in the South Gilbert Street area.
Dennis Craven. Southgate Development Co, said they are having two potential users coming into town
from North Liberty and Coralville. He noted they are finding it very hard to market the Iowa City area
because of the tax incentives offered in Coralville.
Bailey asked about the employment potential of the two companies interested in locating in Iowa City.
Monroe said one of the companies is a light manufacturer which will employ around 25 people. The
second interested company is a distributor which will employ 25-30 people.
Elliot said the committee is interested in the tax base and the quality of the employment that these
companies would have. Morrow said there is not much known about that at this moment. Craven said the
jobs will not be high end.
Morrow said they are proposing to put in the needed infrastructure and have the taxes rebated back over
a period of 7 years. She added that this would give them the ability to negotiate based on the TIF that is
coming back to decrease the initial cost of the land.
Champion said she would need to know more information about the quality of jobs these companies will
offer.
Franklin asked about the value of the two buildings. Morrow said that one building is about 20,000 It with
a value of approximately 1.5-2.0 million dollars, and the second one is approximately 12,000 It with an
approximate value of 1 million dollars.
Franklin said that the district plan for the area anticipated that part of Gilbert Street will develop as retail
commercial as areas to the South develop. She noted the subject area is currently zoned CI-1.
Answering a question posted by Elliot, Franklin said the TIF increment applies to 100% of the increase in
the property tax for a period of 7 years. Franklin said that for such agreements there will be requirements
for minimum construction that will need to be put on the ground, and that jobs will pay a certain amount.
She added that until the minimum requirements are met there are no tax rebates. She noted the only
limitation is the time when the first allocation is certified. Franklin stated that in this TIF district
Economic Development Committee Minutes
August22,2006
Page 2
Pepperwood would be the first one certified. Franklin added that the time period is 20 years on the district
and the limit begins when the first project is certified.
Champion said they are interested in taking the next step and receiving more detailed information.
Franklin said that the Committee needs to carefully express their position in regard to what projects in the
area qualify for TIF as to eliminate the belief that all projects in the area receive TIF. Bailey said the
committee looks at job creation.
Craven asked how the commission will consider the creation of 40-50 jobs that will pay 10-15 dollars/hour
plus benefits. Elliot said they are looking at total compensation rather than salary. Elliot said he is
concerned about the expectations that everybody who comes to Iowa City gets TIF incentives. Elliot
noted his concern of getting into a bidding war with neighboring cities in trying to recruit businesses from
one another.
Raso said the preferred salary level is 130% of Johnson County private sector average wage.
DISCUSSION OF TIF FOR A DEVELOPMENT PROJECT: HIERONYMUS SQUARE ASSOCIATES
Kevin Diamann, Hieronymus Square Associates, gave a short walk through the project based on the
power point presentation presented to the City Council. He distributed copies of the presentation.
Digmann presented the neighboring properties: 2 parking ramps, a court yard with a round about with
potential for open area, the post office and the courthouse, CB5 typical 6-7 stories buildings and the
Plaza Towers on the other side of Sheraton Hotel.
Digmann said they will have at least 60 underground parking spaces. He noted that the proposed building
will be facing Burlington Street. Floors 2 and 3 are designed for commercial and office, 4, 5 and 6 are
designated as studio condos, or hotel, level 7 will have a terrace area, 6 9, 10, 11 and the Penthouse
floor will have luxury condos.
Mike Hodae, Hieronymus Square Associates, said they would like the building to be open to public and
they will look into locating a restaurant into the building.
Elliot asked if the building would largely glass. Digmann said on the first floor they would like to have clear
glass to open the building to the public. The office area might require tinted glass. He said he will like to
break the building surface up by having columns stretch from the ground to the second or third level.
Bailey asked what environmental and energy conservation standards will be incorporated in the building.
Digmann said they have not resolved this issue yet, but they have to determine a way to mix the
standards with aesthetics.
Answering a question posted by Elliot, Digmann said each of the green spaces will be approximately
1,100 sq ft. Digmann said they would like to make the green space accessible to residents, but that still
needs to be determined.
Digmann said these types of buildings are expensive to build and they plan on applying for TIF for the
project. He added they are working with the City on determining a fair number to ask in comparison to
other projects. Franklin said there are time limitations because the TIF district expires in 2024 and if the
construction of the project would occur by December 2009, and the value determined in January 2010,
the first taxes will be paid in June 2012 which leaves 12 years for rebates.
Franklin answered a question posted by Bailey saying that Plaza Towers was the last piece of urban
renewal and that the City has approached this project from the perspective of getting a project that will act
as a catalyst for further development in the downtown. She noted the balance between residential and
commercial was not as important as getting a significant project going. She noted that in dealing with the
residential component as far as taxes go, there is a minimum assessment of the project that goes to the
condominiums as well.
Economic Development Committee Minutes
August 22, 2006
Page 3
Elliot said he is very interested in the project. He said that he hopes the Tower Plaza, the last urban
renewal property, had created incentive for this project, therefore achieving the goal of further developing
the downtown.
Digmann said the project needs TIF to go forward. Bailey said in the public's mind the project is already
done, and there needs to be a public understanding that TIF is needed for the project to go through.
Bailey asked what the approximate level of investment for the project is. Digmann said the estimated cost
of the building is 40 million dollars.
Champion said it is a great project, and a great investment in the future of Iowa City. Elliot said the more
commercial the building will have the better.
Bailey said she does not have the sense that there is a lot of office space downtown. Raso said the
proposed office space is large enough to attract a large employer.
DISCUSSION OF ECONOMIC DEVELOPMENT WORK PLAN FOR SEPT.-DEC. 2006
Ford said she put together a plan of work for the rest of the year. She said one of her main activities
would be outreach in the community, and at a minimum she noted she will participate at Chamber Board
meetings, Local Chamber Government affairs meeting, ICAD board meetings, Chamber Business PMs,
Technology Corridor PMs, Downtown Association meetings and Creative Economy meetings. Bailey said
Technology Corridor Business Alliance would be another important group to join.
For August, Ford said she will work on the TIF structure for Hieronymus Square, familiarization with
financial incentives, develop data base and system of tracking current TIF projects, respond to and track
business development inquiries and learn how to evaluate and respond to business inquiries. As outreach
she reported attending the CBJ reception for Curt Hunter the new College of Business dean, attending an
Iowa City Area Chamber Business PM and attending the James Gang Anniversary event.
In September, Ford will work on Economic Development budget preparation, monitoring ongoing TIF and
CEBA agreements, revising the Community Profile, reviewing the brochure, update TIF presentation and
post it on the web, respond to and track business development inquiries and reconnect with Chamber on
downtown market mix. As outreach projects Ford stated sending letters of introduction to area
corporations and developers, plan visits to UI Engineering, College of Business, UI Research Foundation,
JPEC, SBDC League of Cities conference, Coralville.
Tom Sharp and Meredith Hay were contacts for the University of Iowa proposed by Raso and Elliot. Raso
proposed collaboration with his office on working on the Community Profile. He added that the meetings
with corporations and developers could also be done in collaboration as to show the team work in trying
to help businesses grow in Iowa City.
In October, Ford said she will continue her outreach visits and target the UI Pharmacy department, UI
Consider Iowa Career Center and Kirkwood Community College, and follow-up phone calls to letter of
introduction to area corporations and developers. She stated she will work on economic strategies and
policies review, monitor ongoing TIF and CEBA agreements, attend International Downtown Association
meeting and evaluate Main Street model, she will respond to and track business development inquiries,
create data base of available industrial zoned land, and begin familiar with owners, desired annexations
and/or rezoning to ensure supply of shovel-ready property.
Raso proposed a relationship with the Main Street association. Raso noted the data base of available
industrial zoned land has already been created by his office, but it will need a review.
For November, Ford scheduled continuing working on Economic Development Strategies and Policies,
monitor ongoing TIF and CEBA agreements, respond to and track business development inquiries, begin
pursue tax credits available for cultural districts and develop fayade renovation incentive program. For
this month Ford noted following up phone calls to letter of introduction to area corporations and
Economic Development Committee Minutes
August22,2006
Page 4
developers. Raso proposed the committee to think about a plan for the downtown rather than projects for
downtown.
Bailey said that artist-business development is unique to Iowa City region and finding partnership to
help/teach artists start their own businesses would be very beneficial. Raso said the Downtown
Association and Main Street would be good partners for such initiatives.
Elliot said in previous discussions he was really impressed to find out that Iowa City has limited resources
in terms of fiber optics as compared to Cedar Rapids and something needs to be done in this direction.
Raso said that nothing can be done until the inventory assessment is done.
Raso noted that the committee and the City would need to think of their policies on competing with
neighboring cities. He noted that they could determine policies in regard to companies willing to relocate if
getting better incentives, or companies that want to expand in Iowa City. He noted such determinations
could/should be done at a regional level. He said such policies would be very helpful. For example he
said that if Iowa City has a policy that the city will not otter incentives for companies wanting to relocate
from Coralville to Iowa City would give businesses a clear picture of what to expect. Elliot said he would
like to discourage businesses that relocate to get indefinite tax incentives.
Champion said that due to occupancy limits for bars most of the downtown bars have to limit how many
people get in therefore last weekend there were lanes out of many bars. She asked if they are going to
encourage more bars to open due to these limitations. Bailey said she would be interested .to find out
what the displacement is. Franklin said there are three factors in determining occupancy: floor area, the
square footage, the seating and the number of bathrooms. She said that you determine it in those three
ways and then take the lowest factor. She noted that the lowest factor for most bars is the number of
bathrooms.
COMMITTEE TIME
NONE
ADJOURNMENT
The meeting adjourned at 11 A.M.
NEXT MEETING DATE: SEPTEMBER 5, 2006
I Council Economic Development Committee
I Attendance Record
! 2006
Term
Name Expires 1/18 2/16 3/10 3/15 3/30 4/4 6/27 7/18 8/22
Ree:enia Bailey 01/02/08 X X X X X X X X X
Bob Elliott 01/02/08 X X X X X X X X X
I Connie Champion 01/02/08 OlE X X X X X X X X
I
I
I
i Key:
X = Present
0 = Absent
OlE = Absent/Excused
Economic Development Coordinator
Activities
August 22-29
Outreach & Contacts
Attended ICAD Fund raising celebration
Attended Chamber Business PM at Hotel Vetro
Attended Coralville Marriott Ribbon Cutting
Attended Coralville Marriott Gala Event
In House
Revised and submitted FY 07 ED Budget
Began gathering information for Community Profile
Economic Development Projects - Meetings
Hieronymus Square TIF agreement (3 meetings)
Responded to various inquiries, including (but not limited to) an ethanol plant, concrete product
manufacturer, restaurateur, and small office building in
City of Iowa City - CDBG Economic Development Fund
Purpose: to stimulate private sector investment that results in the creation of
permanent, private sector jobs with "living wages" for low-to-moderate income
persons in Iowa City.
Target: Small and medium sized existing businesses (at least two years old).
Will consider new start-ups if a viable business plan and demonstrates capacity
and experience to run a business. The City will work with local lenders to
identify good business applicants that due to bank underwriting standards need a
financing package that with City/CDBG financing makes the project viable. The
Fund will consider businesses that are capital and/or collateral thin with flexible
terms/low interest.
Over $240,000 available for loans to private business that meet federal job
creation requirements (up to $35,000 available for each FTE created).
Request local lenders input regarding types of City ICDBG financing
options that:
. lower private sector financing risk
. leverages private sector dollars to expand the amount of capital available
to small businesses; and
. fills the gap, if it exists, in the capital markets while not duplicating
existing resources.
What we are hoping to avoid with this particular Fund:
. Inducement package to attract large Fortune 500 businesses
. Bail-outs of failing companies
. Grants
. High risk capital for start-ups (the Fund will consider start ups, but
company must have a viable business plan and the capacity to run a
successful business. The City is not an angel investor)
Federal Requirements Related to this Fund:
51 % of the jobs created must be held or made available to low-to-moderate
income persons based on family size. Example, in Iowa City a one person
household can make up to $40,650 or a family of 3 can make up to $52,300 to
be considered low-to-moderate income.
On the application to the City, the applicant must identify the number of jobs to
be created each year during the agreement, classification of each job, and if the
job has employer sponsored health care benefits. The business must submit an
annual report identifying the jobs created and race/income demographics of
those who fill the created jobs as well as the number of persons who were
DRAFT 8/22/06
unemployed prior to taking jobs created by the project. Business must obtain a
DUNS (Data Universal Numbering System) number if funded.
Unlike a bank loan, the City can only reimburse expenses paid out. For example,
the company would have to buy a piece of machinery or equipment or some
other eligible expense and then the City would reimburse that particular expense.
For any proposed joint financing package:
. Bank makes own credit decisions
. Public sector financing reduces private sector risk
. City staff will not shop banks
. The City will take a subordinated mortgage to the private lender
. These funds may be utilized with other state or federal programs such as
SBA loans
Note: The City Council Economic Development committee has been looking at jobs paying at
least $10jhour with benefits. The 2006 Y" Quarter CEBA wage rate is $14.37jhour.
DRAFT 8/22/06
I ~ I
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CITY OF IOWA CITY
MEMORANDUM
Date:
August 29, 2006
To:
Economic Development Committee
Re:
Wendy Ford
Economic Development Coordinator
Hieronymus Square Development Agreement for
an Economic Development Grant
From:
The draft Agreement for Private Development by and between the City of Iowa City and
Hieronymus Square Associates follows. The salient points include:
. The agreement is structured to provide a property tax rebate (as opposed to bonds)
disbursed each of thirteen (13) consecutive years beginning 2012 and ending the year
the TIF district expires, in 2024.
. The estimated rebate amount is calculated on the tax increment for improvements
assessed at $40,000,000 and rebated at $31.49/$1,000 ($1,259,600 per year) not to
exceed $10,000,000 in net present values The total grant not to exceed over the 13
year period is $16,374,800.
. The project shall be LEED (Leadership in Energy and Environmental Design) certified.
. The project shall be completed by Dec. 1, 2009 and include the following minimum
improvements:
o 13-story mixed-use building
o A minimum investment of $40 million in construction costs
o Two floors of commercial retail and office development
o Developer's best efforts to establish a viable hotel
o Residential units including high end residential condominiums, with no more
than 3 bedrooms per unit and not more than 30% of the units having 3
bedrooms
o Landscaped courtyard framed by the building, with drop-off area
o Streetscape improvements, including trees, lights, street furniture and sidewalk
finishes
. The developer has stated the project, as described, would not proceed without the
Economic Development Grant.
A recommendation from the Committee to the full Council is requested for the Sept. 19 meeting
of the Council. The Developer will attend the Committee meeting on the 5th to discuss this
proposal with the Committee.
cc: City Manager
draft - draft - draft - draft - draft
AGREEMENT FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA
AND
HIERONYMUS SQUARE ASSOCIATES
draft - draft - draft - draft - draft
AGREEMENT FOR
PRIVATE REDEVELOPMENT
THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called
"Agreement"), is made on or as ofthe day of , 2006, by
and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"),
established pursuant to the Code ofIowa of the State ofIowa and acting under the
authorization of Chapter 403 of the Code ofIowa, 2005, as amended (hereinafter called
"Urban Renewal Act") and Hieronymus Square Associates, having an office for the
transaction of business at 152 E. Court Street, Iowa City, Iowa (the "Developer").
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City
has undertaken a program for the revitalization of an economic development area in the
City and, in this connection, is engaged in carrying out urban renewal project activities in
an area known as the City-University Project I Urban Renewal Plan Area, which area is
described in the Urban Renewal Plan approved for such area by Resolution No. 01-366
dated November 13,2001; and
WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded
among the land records in the office of the Recorder of Johnson County, Iowa; and
WHEREAS, the Developer owns or has the right to occupy certain real property
located in the foregoing Urban Renewal Area as more particularly described in Exhibit A
attached hereto and made a part hereof (which property as so described is hereinafter
referred to as the "Development Property"); and
WHEREAS, the Developer will cause certain improvements to be constructed on
the Development Property and will cause the same to be operated in accordance with this
Agreement; and
WHEREAS, the City believes that the development and continued operation of the
Development Property pursuant to this Agreement and the fulfillment generally of this
Agreement, are in the vital and best interests of the City and in accord with the public
purposes and provisions of the applicable State and local laws and requirements under
which the foregoing project has been undertaken and is being assisted.
- 1 -
draft - draft - draft - draft - draft
NOW, THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
ARTICLE I. DEFINITIONS
Section 1.1. Definitions. In addition to other definitions set forth in this
Agreement, all capitalized terms used and not otherwise defined herein shall have the
following meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement and all appendices hereto, as the same may be
from time to time modified, amended or supplemented.
Certificate of Completion means a certification in the form of the certificate
attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the
Developer pursuant to Section 3.2 of this Agreement.
City means the City ofIowa City, Iowa, or any successor to its functions.
Code means the Code ofIowa, 2005, as amended.
Construction Plans means the plans, specifications, drawings and related documents
reflecting the construction work to be performed by the Developer on the Development
Property upon which the Minimum Improvements will be located; the Construction Plans
shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the building inspector of the City as required by applicable City codes.
County means the County of Johnson, Iowa.
Developer means Hieronymus Square Associates, a corporation.
Development Property means that portion of the City-University Project I Urban
Renewal Plan Area of the City described in Exhibit A attached hereto and incorporated
herein.
Economic Development Grants mean the Tax Increment payments to be made by
the City to the Developer under Article VIII of this Agreement.
-2-
draft - draft - draft - draft - draft
Event of Default means any of the events described in Section 10.1 of this
Agreement.
First Mortgage means any Mortgage granted to secure any loan made pursuant to
either a mortgage commitment obtained by the Developer from a commercial lender or
other financial institution to fund any portion of the construction costs and initial
operating capital requirements of the Minimum Improvements, or all such Mortgages as
appropriate.
Hieronvmus Square - City-University Proiect I TIF Account means a separate
account within the City-University Project I Urban Renewal Tax Increment Revenue
Fund of the City, in which there shall be deposited all Tax Increments received by the
City with respect to the Minimum Improvements.
Minimum Improvements shall mean the construction of a $40 million 12-story
mixed use approximate 200,000 square foot building with all related site and streets cape
improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include
increases in assessed or actual value due to market factors. The $40 million capital
investment in Minimum Improvements shall be verified via the construction contract.
Mortgage means any mortgage or security agreement in which the Developer has
granted a mortgage or other security interest in the Development Property, or any portion
or parcel thereof, or any improvements constructed thereon.
Net Proceeds means any proceeds paid by an insurer to the Developer under a policy
or policies of insurance required to be provided and maintained by the Developer, as the
case may be, pursuant to Article V of this Agreement and remaining after deducting all
expenses (including fees and disbursements of counsel) incurred in the collection of such
proceeds.
Ordinance means Ordinance No. 01-3991 ofthe City, under which the taxes levied
on the taxable property in the Project Area shall be divided and a portion paid into the
Iowa City Urban Renewal Tax Increment Revenue Fund.
Proiect shall mean the construction and operation of the Minimum Improvements on
the Development Property, as described in this Agreement.
State means the State ofIowa.
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City-University Proiect I Urban Renewal Tax Increment Fund means the special
fund of the City created under the authority of Section 403.19(2) of the Code and the
Ordinance, which fund was created in order to pay the principal of and interest on loans,
monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds or other obligations issued under the authority of Section 403.9 or 403.12
of the Code, incurred by the City to finance or refinance in whole or in part projects
undertaken pursuant to the Urban Renewal Plan for the Project Area.
Tax Increments means the property tax revenues with respect to the Minimum
Improvements that are divided and made available to the City for deposit in the City-
University Project I Urban Renewal Tax Increment Revenue Fund under the provisions of
Section 403.19 of the Code and the Ordinance.
Termination Date means the date oftermination of this Agreement, as established in
Section 12.8 of this Agreement.
Unavoidable Delavs means delays resulting from acts or occurrences outside the
reasonable control of the party claiming the delay including but not limited to storms,
floods, fires, explosions or other casualty losses, unusual weather conditions, strikes,
boycotts, lockouts or other labor disputes, delays in transportation or delivery of material
or equipment, litigation commenced by third parties, or the acts of any federal, State or
local governmental unit (other than the City).
Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in
respect of the City-University Project I Urban Renewal Area, described in the preambles
hereof.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes the
following representations and warranties:
(a) The City is a municipal corporation and political subdivision organized under
the provisions of the Constitution and the laws of the State and has the power to enter into
this Agreement and carry out its obligations hereunder.
(b) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
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conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a breach of, the terms, conditions or provisions of any contractual restriction, evidence of
indebtedness, agreement or instrument of whatever nature to which the City is now a
party or by which it is bound, nor do they constitute a default under any of the foregoing.
Section 2.2. Representations and Warranties of Develooer. The Developer makes
the following representations and warranties:
(a) The Developer has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed to be
conducted, and to enter into and perform their obligations under the Agreement.
(b) This Agreement has been duly and validly authorized, executed and delivered
by the Developer and, assuming due authorization, execution and delivery by the City, is
in full force and effect and is a valid and legally binding instrument of the Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally.
(c) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a violation or breach of, the terms, conditions or provisions of any contractual restriction
on the Developer, evidence of indebtedness, agreement or instrument of whatever nature
to which the Developer is now a party or by which it or its property is bound, nor do they
constitute a default under any of the foregoing.
(d) There are no actions, suits or proceedings pending or threatened against or
affecting the Developer in any court or before any arbitrator or before or by any
goverrunental body in which there is a reasonable possibility of an adverse decision which
could materially adversely affect the business (present or prospective), financial position
or results of operations of the Developer or which in any manner raises any questions
affecting the validity of the Agreement or the Developer's ability to perform its
obligations under this Agreement.
( e) The Developer will cause the Minimum Improvements to be constructed in
accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State
and federal laws and regulations.
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(f) The Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all required permits, licenses and approvals, and will meet, in a timely
manner, all requirements of all applicable local, State, and federal laws and regulations
which must be obtained or met in connection with the Project.
(g) The Developer has not received any notice from any local, State or federal
official that the activities of the Developer with respect to the Development Property may
or will be in violation of any environmental law or regulation. The Developer is not
currently aware of any State or federal claim filed or planned to be filed by any party
relating to any violation of any local, State or federal environmental law, regulation or
review procedure applicable to the Development Property, and the Developer is not
currently aware of any violation of any local, State or federal environmental law,
regulation or review procedure which would give any person a valid claim under any
State or federal environmental statute with respect thereto.
(h) The Developer will cooperate fully with the City in resolution of any traffic,
parking, trash removal or public safety problems that may arise in connection with the
construction and operation of the Minimum Improvements.
(i) The Developer would not undertake its obligations under this Agreement
without the payment by the City of the Economic Development Grants being made to the
Developer pursuant to this Agreement.
ARTICLE III. DEVELOPMENT AND OCCUPANCY REOUIREMENT
Section 3.1. Minimum Improvements.
The Developer agrees to complete Minimum Improvements generally consisting of
the construction of a $40 million 12-story mixed use approximate 200,000 square foot
building and all related site and streetscape elements on the Development Property, all as
more fully described on Exhibit B hereto. Construction of the Minimum Improvements
shall commence no later than September I, 2007 and shall be completed by December I,
2010 and the $40 million capital investment in Minimum Improvements shall be verified
via the construction contract. .
The Developer shall submit all exterior changes or new construction requiring a
building permit for review and approval by the City Staff Design Review Committee.
Pursuant to this Development Agreement, the Developer shall submit a site plan for
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approval by the City Manager, or his/her designee, which includes all site and streetscape
improvements.
The Staff Design Review Committee will review the project under a Level II review
under Chapter 3, Article C. Design Review of the Zoning Code, City ofIowa City within
seven (7) working days of receipt of the design plans by the Director of Planning &
Community Development. Additional criteria specific to this Project include, but are not
limited to:
. Appropriate building articulation at the street level
. Multiple entries along Burlington and Clinton streets
. Seamless integration of the private spaces at the streetlevel with the public
sidewalk
. Streetscape improvements including textured concrete, plantings, and street
furniture, as approved by the City.
During the term of this Agreement as established in Section 12.8, any proposed new
construction on the Development Property shall be subject to approval by the Design
Review Committee before the issuance of any building permit.
Section 3.2. Certificate of Como let ion.
Upon written request of the Developer after issuance of an occupancy permit for the
Minimum Improvements, the City will furnish the Developer with a Certificate of
Completion for the Project in recordable form, in substantially the form set forth in
Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive
determination of satisfactory termination of the covenants and conditions of this
Agreement with respect to the obligations of the Developer to construct such portion of
the Minimum Improvements.
A Certificate of Completion may be recorded in the proper office for the recordation
of deeds and other instruments pertaining to the Development Property at the Developer's
sole expense. If the City shall refuse or fail to provide a Certificate of Completion in
accordance with the provisions of this Section 3.2, the City shall within twenty (20) days
after written request to the Developer, provide the Developer with a written statement
indicating with adequate detail, in what respects the Developer has failed to complete the
Minimum Improvements in accordance with the provisions of this Agreement, or is
otherwise in default under the terms of this Agreement, and what measures or acts will be
necessary in the opinion of the City, to obtain such Certificate of Completion.
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Once the Certificate of Completion is issued by the City, design review on the
Minimum Improvements will cease; however, any proposed new construction on the
Development Property shall continue to be subject to approval by the Design Review
Committee before the issuance of any building permit during the term of this Agreement
as established under Section 12.8. New construction shall not include changes in signage
or minor changes in the existing structure which do not result in significant changes to the
fa~ade of the building.
ARTICLE IV. RESERVED
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ARTICLE V. INSURANCE
Section 5.1. Insurance Requirements.
(a) Upon completion of construction of the Minimum Improvements and at all
times prior to the Termination Date, the Developer shall maintain, or cause to be
maintained, at its sole cost and expense (and from time to time at the request of the City
shall furnish proof of the payment of premiums on) insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured through property
policies by similar businesses, including (without limitation the generality of the
foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water
damage, demolition cost, debris removal, and collapse in an amount not less than the full
insurable replacement value ofthe Minimum Improvements, but any such policy may
have a deductible amount of not more than $100,000. No policy of insurance shall be so
written that the proceeds thereof will produce less than the minimum coverage required
by the preceding sentence, by reason of co-insurance provisions or otherwise, without the
prior consent thereto in writing by the City. The term "full insurable replacement value"
shall mean the actual replacement cost of the Minimum Improvements (excluding
foundation and excavation costs and costs of underground flues, pipes, drains and other
uninsurable items) and equipment, and shall be determined and redetermined from time to
time at the request of the City, but not more frequently than once every three years, by an
insurance consultant or insurer selected and paid for by the Developer and approved by
the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability for injuries to persons and/or property, including any injuries resulting
from the operation of automobiles or other motorized vehicles on or about the
Development Property, in the minimum amount for each occurrence and for each year of
$1,000,000 with a maximum deductible of$500,000.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Developer, in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self-insured with respect to all or any part of its
liability for worker's compensation.
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(b) All insurance required by this Article V to be provided prior to the
Termination Date shall be taken out and maintained in responsible insurance companies
which are authorized under the laws of the State to assume the risks covered thereby. The
Developer will deposit annually with the City copies of policies evidencing all such
insurance, or a certificate or certificates or binders of the respective insurers stating that
such insurance is in force and effect. Unless otherwise provided in this Article V, each
policy shall contain a provision that the insurer shall not cancel or modify it without
giving written notice to the Developer and the City at least thirty (30) days before the
cancellation or modification becomes effective. Not less than fifteen (15) days prior to
the expiration of any policy, the Developer shall furnish the City evidence satisfactory to
the City that the policy has been renewed or replaced by another policy conforming to the
provisions of this Article V, or that there is no necessity therefore under the terms hereof.
In lieu of separate policies, the Developer may maintain a single policy, or blanket or
umbrella policies, or a combination thereof, which provide the total coverage required
herein, in which event the Developer shall deposit with the City a certificate or
certificates of the respective insurers as to the amount of coverage in force upon the
Minimum Improvements.
(c) The Developer agrees to notify the City immediately in the case of damage
exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance
shall be paid directly to the Developer, and the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an
improved condition or value as they existed prior to the event causing such damage and,
to the extent necessary to accomplish such repair, reconstruction and restoration, the
Developer will apply the Net Proceeds of any insurance relating to such damage received
by the Developer to the payment or reimbursement of the costs thereof.
(d) The Developer shall complete the repair, reconstruction and restoration of the
Minimum Improvements, whether or not the Net Proceeds of insurance received by the
Developer for such purposes are sufficient.
ARTICLE VI. COVENANTS OF THE DEVELOPER
Section 6.1. Maintenance of Properties. The Developer will maintain, preserve
and keep its properties (whether owned in fee or a leasehold interest), including but not
limited to the Minimum Improvements, in good repair and working order, ordinary wear
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and tear accepted, and from time to time will make all necessary repairs, replacements,
renewals and additions.
Section 6.2. Maintenance of Records. The Developer will keep at all times proper
books of record and account in which full, true and correct entries will be made of all
dealings and transactions of or in relation to the business and affairs of the Developer in
accordance with generally accepted accounting principles, consistently applied
throughout the period involved, and the Developer will provide reasonable protection
against loss or damage to such books of record and account.
Section 6.3. Compliance with Laws. The Developer will comply with alllaws,
rules and regulations relating to the Minimum Improvements, other than laws, rules and
regulations the failure to comply with which or the sanctions and penalties resulting
therefrom, would not have a material adverse effect on the business, property, operations,
or condition, financial or otherwise, of the Developer.
Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the
Developer shall not discriminate against any applicant, employee or tenant because of
race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital
status or gender identity. The Developer shall ensure that applicants, employees and
tenants are considered and are treated without regard to their race, creed, color, religion,
sex, national origin, sexual orientation, age, disability, marital status or gender identity.
Section 6.5. Available Information. The Developer shall upon request provide the
City with a letter of an independent public accountant selected by the Developer to the
effect that a Certified Public Accountant has reviewed the financial statements of the
Developer which have been prepared in conformity with the federal income tax fair
market basis, that the examination of such financial statements by such accountant has
been undertaken in accordance with generally accepted auditing standards, and that the
Developer is financially capable of fulfilling its obligations under this Agreement.
Section 6.6. Continued Operation. Commencing upon the signing of the
Agreement, the Developer agrees that it will operate a mixed use building occupied by
commercial and residential users at the Development Property and will continue operation
ofthis building until at least the Termination Date set forth in Section 12.8 hereof.
Section 6.7. Annual Certification. To assist the City in monitoring the performance
of the Developer hereunder, a duly authorized officer of the Developer shall annually
provide to the City: (a) a written statement from the County Auditor showing the amount
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of Tax Increments (as defined in Section 1.1 of this Agreement) in respect ofthe
Minimum Improvements (excluding increases in assessed or actual value due to market
factors) for the following fiscal year; (b) proof that all ad valorem taxes on the
Development Property have been paid for the prior fiscal year; and (c) certification that
such officer has re-examined the terms and provisions of this Agreement and that at the
date of such certificate, and during the preceding twelve (12) months, the Developer is
not, or was not, in default in the fulfillment of any of the terms and conditions of this
Agreement and that no Event of Default (or event which, with the lapse of time or the
giving of notice, or both, would become an Event of Default) is occurring or has occurred
as of the date of such certificate or during such period, or if the signer is aware of any
such default, event or Event of Default, said officer shall disclose in such statement the
nature thereof, its period of existence and what action, if any, has been taken or is
proposed to be taken with respect thereto. Such statement, proof and certificate shall be
provided not later than November I of each year, commencing no later than November I,
2011, and ending on November I, 2022 both dates inclusive. Upon the first December I
certification, the City will use the January I assessment on the Development Property to
call I' fr hflll' hdl
cu ate an annua Increment om t e 0 OWInl! sc e u e:
for NovemberlDecember Certifications in Citv uses January Assessment from
2010 2007
2011 2008
Prior to the November 1 in the year of the first certification, the Developer shall
submit the lease plan for the Development Property, with the gross leasable floor space
calculation to the City.
ARTICLE VII. ASSIGNMENT AND TRANSFER
Section 7.1. Status of the Develooer; Transfer of Substantiallv All Assets. With the
exception of parcels subject to a residential horizontal property regime, as security for the
obligations of the Developer under this Agreement, the Developer represents and agrees
that, prior to the issuance of the Certificate of Completion and prior to the Termination
Date, the Developer will not dispose of all or substantially all of its assets or assign its
interest in this Agreement to any other party unless (i) the transferee partnership,
corporation, limited liability company or individual assumes in writing all of the
obligations of the Developer under this Agreement and (ii) the City consents thereto in
writing in advance thereof. Notwithstanding the foregoing, however, or any other
provisions of this Agreement, the Developer may pledge any and/or all of its assets as
security for any financing of the Minimum Improvements, and the City agrees that
Developer may assign its interest under this Agreement for such purpose.
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ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS
Section 8.1. Economic Development Grants. (a) For and in consideration of the
obligations being assumed by the Developer hereunder, and in furtherance of the goals
and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal
Act, the City agrees, subject to the Developer having received a Certificate of Completion
and being and remaining in compliance with the terms of this Agreement and to the terms
of this Article VIII, to assume an obligation to make up to thirteen (13) consecutive
annual payments to the Developer commencing no later than June 1,2013 and ending on
June 1,2024, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to
one hundred percent (100%) per fiscal year of the Tax Increments collected by the City
with respect to the Minimum Improvements on the Development Property under the terms
of the Ordinance (without regard to any averaging that may otherwise be utilized under
Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to
the Developer) during the preceding twelve-month period in respect of the Development
Property and the Minimum Improvements, but subject to adjustment and conditions
precedent as provided in this Article (such payments being referred to collectively as the
"Economic Development Grants").
(b) The obligation of the City to make an Economic Development Grant to the
Developer in any year as specified above shall be subject to and conditioned upon the
timely filing by the Developer of all previous annual statements, proofs and certifications
required under Section 6.7 hereof and the City Manager's approval thereof. Beginning
with the first November 1 certification, if the Developer's annual statement, proof and
certification is timely filed and contains the information required under Section 6.7 and
the City Manager approves of the same, the City shall certifY to the County prior to
December 1 of that year its request for the available Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected by the
City as taxes and paid during the following fiscal year, shall thereafter be disbursed to the
Developer on June 1 of the following fiscal year. (For example, if the Developer and the
City each so certifY on November and December of2010, respectively, the first Economic
Development Grant would be paid to the Developer on June 1,2012).
(c) In the event that the annual statement, proof or certificate required to be
delivered by the Developer under Section 6.7 is not delivered to the City by November 1
of any year, the Developer recognizes and agrees that the City may have insufficient time
to review and approve the same and certifY its request for Tax Increments to the County
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and that, as a result, no Economic Development Grant may be made to the Developer in
respect thereof.
(d) The total, aggregate amount of all Economic Development Grants under this
Agreement shall not exceed $16,374,800, which reflects a net present value of$9,162,253
at the end of the term of this agreement calculated on a discount rate of 6.25%. Each
Economic Development Grant shall be equal to the sum of one hundred percent (100%)
of all Tax Increments collected per fiscal year in respect of the assessments imposed on
the Minimum Improvements as of January 1, after the first certification, and on January 1
of each of the following years, until 2024 or when the total, aggregate of all such
Economic Development Grants equals no more than the sum of$16,374,800. If a final
grant based upon one hundred percent of Tax Increments would result in total, aggregate
Economic Development Grants in an amount exceeding $16,374,800, the final Economic
Development Grant shall be reduced accordingly. Such Economic Development Grants
shall at all times be subject to termination in accordance with the terms of this Article
VIII. Thereafter the taxes levied on the Minimum Improvements shall be divided and
applied in accordance with the Urban Renewal Act and the Ordinance.
(e) In the event that any certificate filed by the Developer under Section 6.7 or
other information available to the City discloses the existence or prior occurrence of an
Event of Default that was not cured or cannot reasonably be cured under the provisions of
Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would
become an Event of Default that cannot reasonably be cured under the provisions of
Section 10.2), the City shall have no obligation thereafter to make any further payments to
the Developer in respect of the Economic Development Grants and may proceed to take
one or more of the actions described in Section 10.2 hereof.
Section 8.2. Source of Grant Funds Limited. ( a) The Economic Development
Grants shall be payable from and secured solely and only by amounts deposited and held
in the Hieronymus Square - City-University Proiect I TIF Account of the City. The City
hereby covenants and agrees to maintain the Ordinance in force during the term hereof
and to apply the incremental taxes collected in respect of the Minimum Improvements
and allocated to the Hieronymus Square - City-University Proiect I TIF Account to pay
the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof.
The Economic Development Grants shall not be payable in any manner by other tax
increment revenues or by general taxation or from any other City funds.
(b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no
obligation to make an Economic Development Grant to the Developer if at any time
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during the term hereof the City receives an opinion of its legal counsel to the effect that
the use of Tax Increments resulting from the Minimum Improvements to fund an
Economic Development Grant to the Developer, as contemplated under said Section 8.1,
is not authorized or otherwise an appropriate project activity permitted to be undertaken
by the City under the Urban Renewal Act or other applicable provisions of the Code, as
then constituted, or under a controlling decision of an Iowa court having jurisdiction over
the subject matter hereof. Upon receipt of such an opinion, the City shall promptly
forward a copy of the same to the Developer. If the circumstances or legal constraints
giving rise to the opinion continue for a period during which two (2) Economic
Development Grants would otherwise have been paid to the Developer under the terms of
Section 8.1, the City may terminate this Agreement, without penalty or other liability to
the Developer, by written notice to the Developer.
(c) The City makes no representation with respect to the amounts that may finally
be paid to the Developer as the Economic Development Grants, and under no
circumstances shall the City in any manner be liable to the Developer so long as the City
timely applies the Tax Increments actually collected and held in the Hieronymus Square-=
City-University Proiect I TIF Account (regardless of the amounts thereof) to the payment
of the Economic Development Grants to the Developer, as and to the extent described in
this Article.
Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City
shall be free to use any and all Tax Increments collected in respect of increases in
valuation on the Development Property unrelated to construction of the Minimum
Improvements (i.e. increases in assessed or actual value due to market factors), or on any
other properties within the Project Area, or any available Tax Increments resulting from
the suspension or termination of the Economic Development Grants under Section 8.1
hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to
the provisions of the Urban Renewal Act, and the City shall have no obligations to the
Developer with respect to the use thereof.
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ARTICLE IX. INDEMNIFICATION
Section 9.1. Release and Indemnification Covenants.
(a) The Developer releases the City and the governing body members, officers,
agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the
"indemnified parties") from, covenants and agrees that the indemnified parties shall not
be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties
against, any loss or damage to property or any injury to or death of any person occurring
at or about or resulting from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct
or any unlawful act of the indemnified parties, the Developer agrees to protect and defend
the indemnified parties, now or forever, and further agrees to hold the indemnified parties
harmless, from any claim, demand, suit, action or other proceedings whatsoever by any
person or entity whatsoever arising or purportedly arising from (i) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action, demand
or other proceeding brought by the Developer against the City to enforce its rights under
this Agreement), (ii) the acquisition and condition of the Development Property and the
construction, installation, ownership, and operation of the Minimum Improvements or
(iii) any hazardous substance or environmental contamination located in or on the
Development Property.
(c) The indemnified parties shall not be liable for any damage or injury to the
persons or property of the Developer or its officers, agents, servants or employees or any
other person who may be about the Minimum Improvements due to any act of negligence
of any person, other than any act of negligence on the part of any such indemnified party
or its officers, agents, servants or employees.
(d) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements
and obligations of the City, and not of any governing body member, officer, agent,
servant or employee of the City in the individual capacity thereof.
(e) The provisions of this Article IX shall survive the termination of this
Agreement.
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ARTICLE X. DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is
used in this Agreement, anyone or more of the following events:
(a) Failure by the Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions and
limitations of Article III of this Agreement; or
(b) Transfer of any interest in this Agreement or the assets of the Developer in
violation of the provisions of Article VlI of this Agreement; or
(c) Failure by the Developer to substantially observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement; or
(d) The holder of any Mortgage on the Development Property, or any
improvements thereon, or any portion thereof, commences foreclosure proceedings as a
result of any default under the applicable Mortgage documents; or
(e) If the Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become
due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer as a bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be filed in
any court and such petition or answer shaH not be discharged or denied within ninety (90)
days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the
Minimum Improvements, or part thereof, shall be appointed in any proceedings brought
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against the Developer, and shall not be discharged within ninety (90) days after such
appointment, or if the Developer shall consent to or acquiesce in such appointment; or
(f) Any representation or warranty made by the Developer in this Agreement, or
made by the Developer in any written statement or certificate furnished by the Developer
pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading
in any material respect on or as of the date of the issuance or making thereof.
Section 10.2. Remedies on Default. Whenever any Event of Default referred to in
Section 10.1 of this Agreement occurs and is continuing, the City, as specified below,
may take anyone or more of the following actions after (except in the case of an Event of
Default under subsections (e) or (f) of said Section 10.1 in which case action may be
taken immediately) the giving ofthirty (30) days' written notice by the City to the
Developer and the holder of the First Mortgage (but only to the extent the City has been
informed in writing of the existence of a First Mortgage and been provided with the
address of the holder thereof) of the Event of Default, but only if the Event of Default has
not been cured within said thirty (30) days, or if the Event of Default cannot reasonably
be cured within thirty (30) days and the Developer does not provide assurances
reasonably satisfactory to the City that the Event of Default will be cured as soon as
reasonably possible:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement;
(b) The City may terminate this Agreement;
( c) The City may withhold the Certificate of Completion;
(d) The City may take any action, including legal, equitable or
administrative action, which may appear necessary or desirable to enforce performance
and observance of any obligation, agreement, or covenant of the Developer, as the case
may be, under this Agreement; or
(e) The City shall be entitled to recover from the Developer, and the
Developer shall re-pay to the City, an amount equal to the most recent Economic
Development Grant previously made to the Developer under Article VIII hereof, and the
City may take any action, including any legal action it deems necessary, to recover such
amount from the Developer.
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Section 10.3. No Remedv Exclusive. No remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other available remedy or remedies, but each
and every remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient.
Section lOA. No Implied Waiver. In the event any term or covenant contained in
this Agreement should be breached by any party and thereafter waived by any other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 10.5. Agreement to Pav Attornevs' Fees and Expenses. Whenever any
Event of Default occurs and the party who is not in default shall employ attorneys or incur
other expenses for the collection of payments due or to become due or for the
enforcement or performance or observance of any obligation or agreement on the part of
the party in default herein contained, the party in default agrees that it shall, on demand
therefore, pay to the party not in default the reasonable fees of such attorneys and such
other expenses as may be reasonably and appropriately incurred by the party not in default
in connection therewith.
ARTICLE XI. OPTION TO TERMINATE AGREEMENT
Section 11.1. Option to Terminate. This Agreement may be terminated by the
Developer if(i) the Developer is in compliance with all material terms of this Agreement
and no Event of Default has occurred which has not been cured in accordance with the
provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term
of this Agreement, and, after written notice by the Developer of such failure, the City has
failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if
such noncompliance cannot reasonably be cured by the City within ninety (90) days of
receipt of such notice, the City has not provided assurances reasonably satisfactory to the
Developer that such noncompliance will be cured as soon as reasonably possible.
Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to
this Article XI, this Agreement shall be from such date forward null and void and of no
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further effect; provided, however, that the City's rights to indemnification under Article
IX hereof shall in all events survive and provided further that the termination of this
Agreement shall not affect the rights of any party to institute any action, claim or demand
for damages suffered as a result of breach or default of the terms of this Agreement by
another party, or to recover amounts which had accrued and become due and payable as
of the date of such termination. In any such action, the prevailing party shall be entitled
to recover its reasonable attorneys fees and related expenses incurred in connection
therewith (but only, in the case ofthe City, to the extent permitted by applicable law).
Upon termination of this Agreement pursuant to this Article XI, the Developer shall be
free to proceed with the construction and operation of the Minimum Improvements at its
own expense and without regard to the provisions of this Agreement.
ARTICLE XII. MISCELLANEOUS
Section l2.!. Conflict ofInterest. The Developer represents and warrants that, to
its best knowledge and belief after due inquiry, no officer or employee of the City, or its
designees or agents, nor any consultant or member of the governing body of the City, and
no other public official of the City who exercises or has exercised any functions or
responsibilities with respect to the Project during his or her tenure, or who is in a position
to participate in a decision-making process or gain insider information with regard to the
Project, has had or shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work or services to be performed in connection
with the Project, or in any activity, or benefit therefrom, which is part ofthe Project at any
time during or after such person's tenure.
Section 12.2. Notices and Demands. A notice, demand or other communication
under this Agreement by any party to the other shall be sufficiently given or delivered if it
is dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(a) In the case of the Developer, is addressed or delivered personally to
the Developer at 152 E. Court Street, Iowa City, Iowa 52240.
(b) In the case of the City, is addressed to or delivered personally to the
City at City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City
Manager; or to such other designated individual or to such other address as any
party shall have furnished to the other in writing in accordance herewith.
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Section 12.3. Titles of Articles and Sections. Any titles of the several parts,
Articles, and Sections of this Agreement are inserted for convenience of reference only
and shall be disregarded in construing or interpreting any of its provisions.
Section 12.4. Countemarts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 12.5. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the
entire agreement between the parties regarding the subject matter hereof, and supersedes
and replaces all prior agreements, negotiations or discussions, whether oral or written.
This Agreement may not be amended except by a subsequent writing signed by all parties
hereto.
Section 12.7. Successors and Assigns. This Agreement is intended to and shall
inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns. However, all economic development grants shall be payable only
to the Developer.
Section 12.8. Termination Date. This Agreement shall terminate and be of no
further force or effect on and after June 1,2024.
Section 12.9 Recording. This Agreement shall be recorded at the Johnson County
Recorder's Office, Iowa City, within 30 days of execution at the expense of the
Developer.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested
by its City Clerk, the Developer has caused this Agreement to be duly executed in its
name and behalf by John Hieronymus and Michael Hodge, principals of Hieronymus
Square Associates.
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(SEAL)
CITY OF IOWA CITY, IOWA
By:
Mayor
ATTEST:
By:
City Clerk
Hieronymus Square Associates
By:
Developer\Owner
Developer\Owner
ATTEST:
By: .
(title)
STATE OF IOWA )
) SS
COUNTY OF )
On this day of , 2006, before me a Notary Public in and
for said County, personally appeared Ross Wilburn and Marian Karr to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City ofIowa City, Iowa, a Municipal Corporation, created and existing
under the laws ofthe State ofIowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
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Notary Public in and for Johnson County, Iowa
- 23 -
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COUNTY OF
)
) SS
)
STATE OF
On this day of , 2006, before me the undersigned, a
Notary Public in and for said County, in said State, personally appeared John Hieronymus
and Michael Hodge, principals of Hieronymus Square Associates, to me personally
known, who, being by me duly sworn, did say that the execution of said instrument to be
the voluntary act and deed, by each of them voluntarily executed.
Notary Public in and for
County,
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EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property is described as consisting of all that certain parcel or parcels of
land located in the City ofIowa City, County of Johnson, State ofIowa, more particularly
described as follows:
Need Legal
With the street address of
C -I
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EXHIBIT B
MINIMUM IMPROVEMENTS
The Minimum Improvements shall consist of the construction a 12-story mixed-use
building and related site and streetscape improvements within the Development Property as
defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site plan
dated DATE, and attached hereto, are subject to applicable permits and approvals. These
improvements shall include, but not be limited to, retail, office, and high-end residential
condominium uses at a minimum investment of $40 million. The building will include a
minimum of two floors of commercial retail and office development, a main floor lobby, and
residential units with no more than 3 bedrooms per unit and no more than 30% of the units
with 3 bedrooms. The site will include a landscaped courtyard framed by the building, which
can be used as a drop-off area as well as a landscaped amenity for the development, and
streetscape improvements including trees, lights, street furniture, and sidewalk finishes, all as
approved by the City.
C - 2
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EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City ofIowa City, Iowa (the "City") and Hieronymus Square
Associates, having an office for the transaction of business at 152 E. Court Street, Iowa
City, Iowa (the "Developer"), did on or about the day of ,2009,
make, execute and deliver, each to the other, an Agreement for Private Redevelopment
(the "Agreement"), wherein and whereby the Developer agreed, in accordance with the
terms ofthe Agreement, to develop and maintain certain real property located within the
City and as more particularly described as follows:
Need Legal
With the street address of
WHEREAS, the Agreement incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Developer to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Developer has to the present date performed said covenants and
conditions insofar as they relate to the construction of said Minimum Improvements in a
manner deemed by the City to be in conformance with the approved building plans to
permit the execution and recording of this certification.
NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify
that all covenants and conditions of the Agreement with respect to the obligations of the
Developer, and its successors and assigns, to construct the Minimum Improvements on
the Development Property have been completed and performed by the Developer and are
hereby released absolutely and forever terminated insofar as they apply to the land
described herein. The County Recorder of Johnson County is hereby authorized to accept
for recording and to record the filing of this instrument, to be a conclusive determination
of the satisfactory termination of the covenants and conditions of said Agreement with
respect to the construction of the Minimum Improvements on the Development Property.
All other provisions of the Agreement shall otherwise remain in full force and effect
until termination as provided therein.
C - 3
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(SEAL)
ATTEST:
By:
City Clerk
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
CITY OF IOWA CITY, IOWA
By:
Mayor
C -4
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On this day of , 2006, before me a Notary Public in and for
said County, personally appeared Ross Wilburn and Marian Karr, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City ofIowa City, Iowa, a Municipal Corporation, created and existing
under the laws of the State ofIowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Johnson County, Iowa
C - 5
From Council Member Vanderhoef
Johnson County Paratransit Advisory Board
Minutes
June 30, 2006
1410 South First Ave., Iowa City
rnJ
Present:
Members: Lynne Stamus, Dee Vanderhoef, Terrence Neuzil, Sally Stutsman, Valerie
Scher, Chris Reynolds
Ex-Officio: Nancy Snider Overstreet, Marc Rahe, William Gorman
Others: Tom Brase, SEATS Director, Shelby Francis, Bionic Bus, Vicky Robrock for
Coralville
Absent:
Members: Tom Gill, Mike O'Donnell, Brian Buelow
Ex-Officio: Dave Purdy
1. Call to Order: The meeting was called to order at 11 :05 A.M. by Vice-Chair,
Lynne Stamus
The director introduced Shelby Francis from Bionic Bus. Those present introduced
themselves to Shelby Francis.
2. Chairperson's Report:
a. United We Ride (North Liberty conference) is part of the SAFETEA-LU law
that says that a coordinating council is needed at the state level to bring in all federal
and non-profit agencies who provide transportation for their clients. The law says
we must coordinate with the rural, small communities (under 5,000 population) and
see how we can assist each other as in using federal dollars for existing transit
agencies and contracting with them for service in rural areas. It would save small
communities from having to purchase their own vehicles and in coordinating rides
and routes. There will be a state report coming out to give an overview of the state
and what the biggest barriers are: such as cost, distance, and time of day or days of
the week that are available. From the North Liberty group she was disappointed
that only transit providers, a few elected officials and human service providers were
present. 'The Chairperson, Vanderhoef, is uncertain whether the information gets
filtered out to all the other agencies that SEATS supports and she would like to get
the word out to those funding areas. The director added that United We Ride is
encouraging coordination with existing transit services. They would provide federal
funding for transit and vehicles and recommend that human services and other
agencies contract with them for transportation. The main goal of this group is to get
more coordination oftransportation. The mOT will be a big factor in administering
this project. Their funding will be coming from FT A. There are five regional
ambassadors that will help coordinate it. The ambassador for this area came to the
Iowa Public Transit Association meeting and she is to help us work with people and
----~_._-~-_..._-'
move this along. Vanderhoef added that there are more requests for service crossing
county lines primarily between the Iowa City and Cedar Rapids metropolitan areas.
Vanderhoef talked about other transportation needs such as going to Riverside for
Casino employees and other needs. These projects, ifput in place, would save traffic
onHwy2l8.
Discussion on transportation to Riverside and further development:
Brase would like feedback on political issues about transporting to Riverside and
back. JARC funding is very limited and up to IDOT to distribute. But if the project
were funded, Brase feels that the Casino would match it. He has not been contacted
by Casino representatives but thought that Washington Mini-Bus was contacted
about it. Vanderhoef added that if SEATS makes a contract with the casino for
transportation, in order to avoid charter problems, it would have to be opened up to
anyone, which may be a problem as in transporting inebriated people. However, if
one went with JARC funds, it would be private, and would not have a conflict with
charter service.
The Chair also reported that she was at a Transportation Meeting in Kodiak, Alaska
last week. The meeting agenda was to find a way to make the ADA requirement
there using helicopters and ships. The chair talked about the ADA compliant
problems with access to transportation. Federal transit dollars are being used to fund
the marine highway. This was a new look at transportation issues and ADA
compliance.
3. Director's Report:
a. New Scheduling software: The IDOT is helping to finance and to have a
consistent plan for installing the new scheduling software and hardware. The new
hardware is suppose to increase SEATS' service efficiency. Current hardware
installed in 1998 is showing much wear and needs replacing. The new hardware
will have mapping, a type of "On Star"system, and a touch screen instead of
buttons as in the current system. It is Mentor Systems, head of the industry
equipment. RouteMatch software is up-and-coming, and we would not pay
maintenance services for hardware or software for the next three years which
would save SEATS $35,000. SEATS costs would be minimal, maybe $15,000-
$16,000 for all the equipment.
b. Rider's Guide revision: The main revision is the No-Show policy. A sub-
committee worked to put together the new policy. This would help with the new
software because now, with the current procedure, there are many steps to follow.
The new policy there is simplified: with three missed rides the educational process
starts, after five there is a one week suspension, then if the problem continues the
educational process continues and further suspensions until the problem is
resolved.
Overstreet inteJjected that Chris Campbell for Systems and herself for Goodwill
have been able to figure out where the complications are for their agencies and to
target the locations where the problems have been. This has had a great impact in
lowering the missed rides for these agencies. Gorman pointed out that it is a staff
issue and in targeting the locations of most missed ride incidents the focus is on
the individuals responsible for canceling rides.
The director had e-mailed out the revision of the Rider's Guide and asked for final
input and received none. Ifthere are no negative or issues come up, he will present
it to the Board of Supervisors for approval. There were no obj ections.
2
c. Recognition of those reappointed to the Paratransit Advisory Board: (Brian
Buelow, Valerie Scher and Mike O'Donnell's appointments will expire in 2007.)
As ofJuly, 2006, Tom Gill of Coralville, Chris Reynolds, Lynne Stamus, Dee
Vanderhoef, William Gorman, Dave Purdy, Mark Rahe, Nancy Overstreet,
Terrence Neuzil, and Sally Stutsman are reappointed to serve until June 30, 2008.
The director expressed appreciation for these individuals willing to serve on the
committee again.
d. SAFETEA-LU update: There will be 4% increase on funding. Different area
start ups have'more possibility for funding. It has not been established what is
necessary for Grants but the FT A has to set up regulations on how to do the grant
process. The request will be to go beyond current service standards such as door-
to-door: to go beyond the door, to do same day rides. Vanderhoef added that a
new Freedoms Funding has come in and that has been allocated to ECICOG. The
allocation to Johnson County is for all of the transit systems so it will be a matter
of whether to split it into small portions or to find a collective project in the
county to use the funding. She is sure that the Transit Directors will be putting
their heads together to see what might be out there. Iowa City has moved forward
with a couple of new routes and changes in routes. One ofthe biggest requests is
for late night and in particular of providing service for the 3:00 to 11:00 shift.
Job Access Reverse Commute Funds (JARC) is to help benefit those that do not
have access to transit. It pays 50% percent of the cost and, with a matching fund
from another source, could pay 100% of the cost for the project. Vanderhoef
explained current uses of JARC funds in Des Moines and Cedar Rapids and how
these funds can be modified to suit the cities' needs.
4. Old Business:
a. Approval of last meeting's minutes: Stutsman moved to approve the minutes
and Stamus s.econded the motion. The minutes were approved unanimously.
5. New Business: Brase recognized George Norenberg, a SEATS driver, who got the
Professional Driver Recognition award from Iowa Public Transit Association.
6. Open Discussion:
Member, Chris Campbell, asked for clarification on ride scheduling from Frytown
to Iowa City which was explained by Brase.
Thanks were expressed to Stamus for bringing in cake for the board members
Vanderhoef asked if she should be getting a committee together for reorganization
and selection of new officers. Brase cited By-laws that said terms begin on January
1 and end on December 31 so the reorganization can be delayed.
7. Ne~t meeting date: August 25,10:30 -11:30 at the Goodwill Industries Plant
Conference Room. (Please note change from original date)
8. The meeting was adjourned at 12:05
3
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MINUTES
East Central Iowa Council of Governments
Board Meeting 1:00 p.m. - June 29, 2006
700 16th Street NE, Suite 301, Cedar Rapids, 1A
MEMBERS PRESENT
David Vermedahl-Benton County Supervisor
Alice DeRycke-Iowa County Supervisor
Charles Montross-Iowa County Supervisor
James Houser-Linn County Supervisor
Pat Harney.Johnson County Supervisor
Larry Wilson.Johnson County Citizen
Dee Vanderhoef-Iowa City City Council
Leo Cook.Jones County Supervisor
Bill Daily-Benton County CItizen
Linda Langston-Linn County Supervisor
Ann Hearn-Linn County Citizen
Dennis Hansen.Jones County Citizen
MEMBERS ABSENT
Don Gray-Mayor of Central City
Jennifer Fischer.Jones County Citizen
Justin Shields-Cedar Rapids City Council
Henry Herwig-Coralville City Council
Randy Payne-Washington County Supervisor
Don Magdefrau-Benton County Citizen
Gary Edwards-Iowa County Citizen
Richard Clcalo-Mayor of Washington
Ed Raber-Washington County Citizen
ALTERNATES PRESENT-None
OTHER'S PRESENT - None
STAFF PRESENT
Doug Elliott-executive Director
Gina Peters-Administrative Assistant
Jenniftr Ryan-Planner
Robyn Jacobson-Planner
Chad Sands-Planner
Lisa-MIlrle Garlich-Planner
Eric Freese-Housing Specialist
Lisa Treharne-Planner
1.0 CALL TO ORDER
The meeting was called to order by Chairperson, David Vennedahl at 1:04 p.m.
.1 Recognition of Alternates - None
.2 Public Discussion - None
.3 Approval of Agenda
M/S/C (MontrosslLangston) to approve the agenda. All ayes.
2.0 ROUTINE MATTERS
.1 Approval of Minutes (May 25, 2006)
M1S/C (Hearn/Harney) to approve the minutes as written. All ayes.
.2 Budget ReJMIrts/Balance Sheets
Elliott gave an overview of the May financial statements.
M1S/C (Langston/DeRycke) to receive and file the May fmancial statements for audit. All ayes.
3.0 AGENCY REPORTS
.1 Director's ReJMIrt
Elliott told the board he was meeting with city councils in the region and invited local board members to attend
He will be in Newhall on July 10, Prairieburg on July 11 and Morely on August 7.
Elliott announced he was recently appointed to a 6-year term of the Cedar Rapids Library Trustees.
He told the board about Housing Trust Fund of Linn County informational meetings to be held July 12 at 2pm
and 7pm at KTOS. Cities and county service providers have been invited to the meeting.
Elliott sent letters of appreciation to Senators Harkin and Boswell for their help with ECICOG's EDA
designation.
.2 Community Development Report
Sands handed out a copy of his June board report.
Vanderhoef asked how many cities in the region had comprehensive plans. Sands stated in 2001 a study was
done and at that time 47 out of 67 cities had the plans. He will include updated information in the next board
packet. Vanderhoef asked him to include comparative information with the rest of the state.
Houser stated the City of Fairfax has contracted with Linn County for bnilding inspection.
.3 Housing Report
Elliott told the board the Jones County FHLB program has five openings to be filled and encouraged board
members to let eligible homeowners know about the program.
(Langston left the meeting at this time.)
.4 Transportation Report
A sample purchase of service contract was included in the board packet. Contracts for each of the service
providers require board approval.
M1S/C (Cook/Houser) to authorize the chair to sign the FY07 Purchase of Service Contracts for each of the
transit providers. All ayes.
Jacobson reviewed the summary of requests for additional transit services. Discussion followed
M1S/C (Vanderhoef/Wilson) to approve the summary of requests for additional transit services. All ayes.
Montross asked when Mary Rump would be back to work? Jacobson said she and the baby are doing well and
she will return from leave next Wednesday.
Jacobson stated she needed board approval to place the Yellow Page ads for the transit system.
M1S/C (Wilson/Hearn) to authorize Jacobson to place Yellow Page ads. All ayes.
Jacobson told the board the transit managers in their county may be asking to attend RouteMatch training. She
encouraged the counties to let the transit managers attend the free training. Discussion followed.
.5 Solid Waste Report
Ryan told the board display boards for each of the landfills have been made to use at upcoming fairs and events.
Simon is out presenting the summer reading program.
Ryan said Landfill Site # 1 in Linn County will close on July 30 and then everything will go to Site #2.
4.0 COMMITTEE REPORTS
.1 Solid Waste Technical Advisory Committee
Minutes from the last meeting were included in the board packet.
.2 Transit Operators' Group
Minutes from the last meeting were included in the board packet.
Elliott told the board a transit planning task force was formed from the IOOT/MAP Workshop. ECICOG,
JCCOG and Linn County Regional Planning Commission will create a task force to address unmet needs
determined during the MAP workshop.
.3 Transit Services Review Committee - None
5.0 OLD BUSINESS
.1 Approval of Expenditures
M/S/C (HarneyNanderhoef) to approve payment of expenditures. AIl ayes.
6.0 NEW BUSINESS
.1 Local Issues Discussion
Vermedahl told the board Don Martin, Vinton's City Coordinator is retiring July 1.
Vanderhoef reported on a transportation conference she attended in Alaska.
Houser asked Vanderhoef about the Iowa City tornado cleanup. She said Iowa City has been denied twice by
FEMA for assistance.
Houser reported on his trip to Mississippi to assist with Hurricane Katrina cleanup.
Hearn said the CABS program was invited to send a representative to Orlando as one of three rural programs
recognized by Project Action.
7.0 NEXT MEETING: August3!, 2006
The meeting adjourned at 2:04 pm.
Gary Edwards, Secretary /Treasurer
AUl!Ust 31. 2006
MINUTES
lOW A CITY HUMAN RIGHTS COMMISSION
TUESDAY, August 22, 2006
LOBBY CONFERENCE ROOM, CITY HALL
PRELIMINARY
U[]
Members Present:
Lisa Beckmann, Beverly Witwer, Sara Baird, Kate Karacay, Paul Retish, Scott King,
Sehee Foss, GeoffWilming.
Members Absent:
Martha Lubaroff.
Staff Present:
Stefanie Bowers, Theresa Seeberger.
Call to Order
Beckmann called the meeting to order at 7:03 p.m.
Consideration of the Minutes of the Julv 25. 2006 Meeting
MOTION: Retish moved to accept the minutes as submitted, and King seconded. The motion passed on a vote of 8-0.
Recommendations to Council
There was no discussion.
Introduction of new Human Riehts Investieator Theresa Seebereer
Bowers introduced Commissioners to Seeberger.
Annual Renort
Commissioners approved the Annual Report for fiscal year 2006.
Inclusive Communities
Commissioners were excited about the prospect oflowa City joining the National League of Cities in the parnership for working
towards inclusive communities. Commissioners would like more information concerning the partnership and also a list of areas where
Iowa City is doing well and areas Iowa City could improve on.
One Community-One Book
Bowers updated Commissioners on upcoming dates for community events involving Tortilla Curtain. Dates include Iowa Memorial
Union Thursday, September 21 at 7:30 p.m. and Friday, September 22 from 10-11 a.m. at the Java House.
Friend of Civil Riehts
Baird explained her desire for the Commission to co-sponsor this forum. The forum is being organized to learn about the gubernatorial
candidates' views on a range of diversity issues. The forum will not be endorsing any candidate. Beckmann moved to co-sponsor the
forum and Baird seconded. The motion passed on a vote of 8-0.
United Nations
The Commission by a vote of7-0 decided not to contribute to the Funding the Future Campaign 2006 Fundraiser of the Iowa United
Nations Association. Karacay did not participate or vote in this discussion due to a conflict of in teres!.
Y oune Leadershin Summit on Western-Muslims World Relations.
King and Foss agreed to forward to Retish names of University oflowa students who would be great candidates to attend this
conference being held in mid- September.
Human Riehts Breakfast
Beckmann, Lubaroff, Wilming and Karacay will meet Friday, September I" to choose winners for the 23,d Annual Breakfast and
forward the winners names to Bowers. Commissioners asked Bowers to arrange for one of them to appear on the Dottie Ray Show.
Baird will do an interview for KCJJ to advertise the Breakfas!. In addition, Bowers will advertise for upcoming Commission events on
the back of the Breakfast program.
Handouts for International Non-Native Sneakers
King will make needed corrections to the current handout and forward the corrected copy to Bowers to send along with a letter to Dr.
Lane Plugge and Marian Coleman seeking their approval before the handouts are translated. The Commission also decided to get the
handouts translated in Spanish, Korean, Arabic, Chinese, French and Russian.
Maenets/Calendars
Bowers said the magnets are on order and will be sent out upon arrival.
Relational Ae:e:ression
Witwer will contact Blair Wagner and Jane Balvanz concerning how they want to advertise this event and also to get an overview of
the presentation. Witwer will contact Bowers after she has spoken to Wagner and Balvanz.
Read Cases
Commissioners read two cases.
Reports of Commissioners
Witwer reported on the success of the Broadway Neighborhood Center Block Party earlier in the month. Karacay reminded
Commissioners to support Eat Out to Wipe out Hunger. King discussed a two day racism training workshop he will be attending as
part of his Church and said his appearance on KCRG-9 discussing Gay Marriage went extremely well.
Status of Cases
Bowers updated Conunissioners on the status of cases.
Adiournment
There being no further business before the Commission, Retish moved to adjourn. Baird seconded and the meeting was adjourned at
8:01 p.m.
2
Board or Commission: Human Rights
ATTENDANCE RECORD
YEAR 2006
{Meetin Date
TERM
NAME EXP. 1/24 2/28 3/28 4/25 5/23 6/27 7/25 8/22 9/26 10/24 11/28 12/26 12/27
Lisa Beckmann 1/1/07 X X X X NMN X X X
Q
Paul Retlsh 1/1/07 OlE X X OlE NMN X X X
Q
GeoffWilming 1/1/07 X X X X NMN OlE OlE X
Q
Sara Baird 1/1/08 X X X X NMN X X X
Q
Bev Witwer 1/1/08 X X X X NMN X X X
Q
Scott King 1/1/08 X X X X NMN OlE X X
Q
Martha 1/1109 X X X X NMN OlE OlE OlE
Lubaroff Q
Sehee Foss 1/1/09 X X X OlE NMN OlE OlE X
Q
Kate Karacay 1/1/09 X X X OlE NMN X X X
Q
KEY:
x = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
NMNQ - No meeting, no quorum
3
I][J
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
AUGUST 9, 2006
EMMA J, HARVAT HALL-IOWA CITY, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood,
MEMBERS ABSENT: Michael Wright
STAFF PRESENT: Robert Miklo, Sarah Holecek, Drew Westberg (planning intern)
OTHERS PRESENT: Mark Danielson, Tracy McWane, Lorena Lovetinsky
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:02.
CONSIDERATION OF THE JULY 12. 2006 BOARD MINUTES
MOTION: Alexander moved to accept the July 12, 2006minutes as submitted. Wood seconded the
motion. Motion passed 4:0.
SPECIAL EXCEPTIONS:
EXC06-00018 Discussion of an application submitted by Tracy and Scott McWane for a special exception
to allow a non-conforming roof-top sign to be reinstalled on property located in the Community
Commercial (CC2) zone at 526 S. Riverside Drive.
Westberg said the non-conforming roof-top sign for the Dairy Queen store located at 526 South Riverside
Drive was destroyed by the April 13 tornado. The sign was non-conforming in that the Zoning Code does
not permit roof-top signs because they are considered to be less safe.
Westberg stated that the owners, Tracy and Scott McWane, have rebuilt the Dairy Queen store and wish
to re-install a replica of the original sign on the building. City staff worked with the McWanes to try to find
a way to aliow a reproduction of the sign to be installed on the property in compliance with current sign
regulations. However, a solution could not be found that would allow the iarge Dairy Queen sign and its
two freestanding neon cone signs originally located on the property.
Westberg said the CC-2 zone freestanding signs on lots with 160-300 feet of frontage to 2 signs. The
Dairy Queen property is approximately 185 feet and therefore subject to the constraint. There are also
provisions in the Zoning Code that allow aiterations to existing nonconforming signs if they are located on
properties designated as Historic Landmarks, properties registered on the National Register of Historic
Places, or on properties located in a Historic or Conservation District. In this case the Dairy Queen sign
was completely destroyed, and neither the building nor its location fall into any of the historic categories.
Westberg said City Staff has proposed an amendment to the Zoning Code to provide for a special
exception to permit the repair or reconstruction of non-conforming signs that have been damaged or
destroyed by fire, explosion, act of God or by a pubiic enemy if those signs are determined to be of
significant artistic, cultural, or nostalgic value to the community. Because this amendment is still under
review by the City Council, the granting of a special exception wouid be subject to the amendment's
adoption by City Council.
Westberg said the original sign was created for McWane's Dairy Queen sometime in the1950s at a
different location. When the business relocated to its current site in 1961, the McWane's brought the sign
from the previous building with them. The sign was designed specifically for the McWane store, and no
other Dairy Queen has ever displayed one like it. Because the franchise store is locally owned, the Dairy
Queen Corporation has allowed the McWane's to continue to display their unique sign.
Iowa City Board of Adjustment
August9,2006
Page 2 of7
Westberg noted that while the original sign was never recovered after the storm, the applicants are
working with a sign manufacturer in Waterloo to fabricate a replica of the original sign based on historic
photographs of the store. Though it will be built of contemporary materials, the reconstructed sign is
intended to be otherwise identical in appearance to the original sign. He said the sign will be
reconstructed in a manner that will not be hazardous. The applicant has proposed mounting the sign on
the roof and affixing it to reinforced beams. Staff recommends that the sign be displayed over the canopy
roof, as it was before the tornado, subject to the approval of the Building Official to assure that the sign is
not hazardous. If the roof mounting is determined to be insufficient, from a safety standard, the Building
Official may require that the sign be affixed to external poles.
Westberg noted that because the building is set back nearly 60 feet from Riverside Drive there are no
issues with the Intersection Visibility Standards.
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Westberg said that requiring the sign to be affixed in a manner approved by
the Building Official should make it safer. The sign will be on top of the store building, which is set back
approximately 60 feet from the street, so there will be no glare, and it will not violate the Intersection
Visibility Standards in the code.
The specific proposed exception will not be injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. Westberg said the previous sign was displayed atop the building for more than 45 years
without complaint from area businesses or residences.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located. Westberg said the adjacent properties are zoned CC-2, which allows
for similar commercial uses.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Westberg said the property is accessed directly from Riverside Drive. All the required utilities
and services are provided.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. Westberg said there are two existing curb cuts serving
the Dairy Queen property. .
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. Westberg said the applicants were not required to
make any updates to their parking lot as part of the building permit process for restoring the store
structure because they were not expanding the use or structure. However, the applicants have recently
repaved the entire parking area, including the southern third of the lot, which was previously gravel. The
Code states that "any portion of a nonconforming parking area that is reconstructed or expanded, must be
brought into conformance with all applicable construction, design, location, and screening and
landscaping requirements." While the applicants will be required by the Building Official to bring their
parking area into compliance with the current standards in the code regardless of the approval of this
special exception, Staff recommends that this special exception be subject to the applicants providing the
Building Official with a site plan for the parking area demonstrating all required elements for parking and
screening in compliance with the Code.
The proposed use will be consistent with the Comprehensive Plan, as amended. The
Comprehensive Plan encourages the preservation of Iowa City's cultural heritage. Replacement of the
Dairy Queen sign will help to preserve a property that is seen by many in the community as an icon of
recent history.
Staff recommends that EXC06-00018, a special exception to permit the reconstruction of a non-
conforming sign, be approved subject to the Building Official's determination of a safe and secure
mounting and subject to the submission to the Building Official of a site plan showing all required
Iowa City Board of Adjustment
August9,2006
Page 3 of 7
elements for bringing the parking area into conformance with the design and landscape screening
requirements in the Code.
Public HearinQ ODened
Mark Danielson, Leff Law Firm, Iowa City, said they are thankful for the staff's efforts in helping them find
a solution for the reconstruction of the sign. He added he would be available to answer any questions
from the Board. No questions were asked.
Tracv McWane, 60 Regal Lane, said their sign was unique in the world. She noted the sign was custom
made. She said they found out from the University of Iowa, library that the store with its sign was on the
front cover of American Photo magazine. She said the sign means a lot to her and everyone else. She
said she works at the store and sees many parents coming with their kids, now students at the same
university as their parents, sharing how they used to eat ice-cream under the neon sign. She said the sign
was very special and many people in the community feel the same way.
Public Hearinq Closed
MOTION: Alexander moved that EXC06-000iS, a special exception to permit the reconstruction of
a non- conforming sign, be approved subject to the Building Official's determination of a safe and
secure mounting and subject to the submission to the Building Official of a site plan showing all
required elements for bring the parking area into conformance with the design and landscape
screening requirements in the Code. Wood seconded the motion.
Alexander would vote in favor. She said she loves these types of signs which add interest to the city's
landscape. She said that it is perfectly clear that the sign is part of the property's historic identity; it is
unique, designed specifically for the store. She noted that the replacement would use only safe materials
and with the provision that the building official is going to insure the sign will be safely mounted it should
not be a hazardous structure. She said the sign should not be detrimental to or endanger the public
health, safety, comfort or general welfare. Alexander said the sign does not violate intersection visibility
standards. II should not be injurious to the use and enjoyment of other property in the immediate vicinity
and will not substantially diminish or impair property values in the neighborhood. The sign would not
impede the normal and orderly development in the area. She noted that utilities and services are already
in place, the ingress and egress have been addressed, and it will conform to all applicable standards and
regulations of the zone in which is located.
Wood would vote in favor for the reasons already stated. He added that he really appreciates the service
brought to the city by the Dairy Queen.
Shelangouski would vote in favor for the reasons already stated.
Leigh would vote in favor for the reasons already stated.
The motion passed 3:0-(Wright Absent)
EXC06-00016 Discussion of an application submitted by Lorena Lovetinsky for a special exception to
reduce the required front yard adjacent to Village Road to allow a six foot high fence for property located
in the Low Density Single-Family Residential (RS-5) zone at 1208 Tyler Court.
Shelangouski refused herself because she iives in the neighborhood of the property.
Westberg said the subject property is a double fronting lot with two street frontages, one on Tyler Court
and one on Village Road. The Village Road frontage contains a fence that exceeds the 4-foot height
limitation for fences located in the front setback area. The existence of this illegal fence came to the
attention of the building official in January 2006, when a nearby property, a triple fronting lot that also
fronts Village Road, was cited for establishing an illegal fence (a fence higher than 4 feet) in the front
setback. The owner of that fence, inquired as to why a similar fence was allowed on another lot along
Village Road. Upon further investigation, the building official discovered the illegal fence at 1208 Tyler
Court and a citation was issued.
Iowa City Board of Adjustment
August 9, 2006
Page 4 of 7
Westberg stated that the applicant's fence is located approximately 4-5 feet from the public right-of-way
and the applicant is requesting a reduction of the front setback area along Village Road from 15 feet to 4
feet to allow the established fence to remain.
Westberg said that a speciai exception may be granted to reduce the setback if the applicant
demonstrates that the general approval criteria and the following specific approval criteria have been
satisfied:
1 . The situation is peculiar to the property in question;
2. There is practical difficulty in complying with the setback requirements;
3. Granting the special exception will not be contrary to the purpose of the setback regulations; and
4. Any potential negative effects resulting from the setback exception are mitigated to the extent
practical.
5. The subject building will be located no closer than 3 feet to a side or rear property line, unless the
side or rear property line abuts the public right of way or permanent open space.
However, Westberg noted the applicant has failed to demonstrate the above criteria.
He said the situation is not peculiar to the property. Double fronting lots, while somewhat unusual in much
of Iowa City, are common to the Village Green subdivision in which this property is located. Most of the
lots fronting onto Village Road are double-fronting or corner lots with the Village Road frontage being the
secondary frontage.
In staffs view, there is no practical difficulty complying with the setback requirement. All other fences
along Village Road are in compliance with these standards, including a fence on a triple fronting lot on the
opposite side of Village Road from the applicant's property.
In staffs view the location of the 6-foot fence within the front setback is contrary to at least one aspect of
the setback regulation. The location of the fence does not reflect the general building scale and
piacement of structures in Iowa City's neighborhoods nor in its immediate neighborhood. As previously
stated, other fences along Village Road are in compliance with the height and location standards in the
Code.
Westberg said the Code restricts the height of fences aiong street frontages for both aesthetic and safety
purposes. While the applicant's fence is attractive and partially screened from view by vegetation, this
addresses only the aesthetic aspects of the fence reguiation. The second purpose, public safety, is
intended to preserve the safety of public streets by creating a relationship between residential properties
and the street to allow some degree of sight that is not possible when a street is walled off by privacy
fences. The permitted 4-foot fence allows a degree of privacy as weli as safety for the private property
owner without compromising the safety for pedestrians and others who use the public right-of-way.
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. In Staffs view, the proposed exception is detrimental to the public safety
and comfort and general welfare. While a single fence may not undermine the public safety, permitting an
exception for a 6-foot fence within the front setback in a subdivision where double fronting lots, like the
applicant's, are the norm, establishes an example for other property owners to foliow. As stated earlier, at
least one property owner has already followed that example and was later required to reduce the height
of their fence to 4 feet.
The specific proposed exception will not be Injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. In staffs view, the proposed exception is primarily injurious to the public right-of-way.
While this may not be immediately injurious to private property value, it does diminish the appearance of
the larger neighborhood and the public value for a safe and aestheticaliy appealing streetscape for the
reasons stated above.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located. Establishment of the specific proposed exception wili set an example
Iowa City Board of Adjustment
August9,2006
Page 5 of 7
for the surrounding double and triple fronting lots, which may lead other property owners to believe that
such a fence is legal.
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. The subject property is in compliance with all other
setback regulations of the zone.
The proposed use will be consistent with the Comprehensive Plan, as amended. Double-fronting
lots are discouraged during the platting process for new subdivisions, and, when double-fronting lots are
the only option, they are required to have landscape screening in lieu of fences.
Staff recommends that EXC06-00016, an application to reduce the required front setback from 15 feet to
4 feet in order to maintain a 6-foot high fence be denied.
Public Hearina Ooened
Lorena Lovetinskv. 1208 Tyler Court, said there has been a 6-foot fence on the property for 23 years. She
said she has just replaced the existing 6 foot fence, not built a new one. She added that there have been
no complains from the neighbors in regard to the fence.
Lovetinsky said the fence is not located in the front yard, but in her back yard. She added that her front
yard is wide open for anyone to look at it if wanted, but she wishes privacy in her backyard. She said that
she should be afforded the privacy of her backyard.
Liegh asked if the property owner could use landscaping in combination with a shorter fence to provide a
degree of privacy in the backyard.
She noted that she does not understand how the 6 foot fence represents a safety issue to pedestrians.
Miklo said the tall fence provides a hiding place for people who could possibly accost someone on the
street. In addition, he said that several police departments country wide recommend against privacy
fences because they block views into a property and make it easier for someone to break into a house.
He clarified that it is a visibility issue in terms of pedestrians' safety. Lovetinsky replied that if privacy
fences present visibility issues she should be required to take her lilac shrubs too. Miklo clarified that the
Code allows shrubs because they allow a degree of visibility that the fence does not allow.
Lovetinsky said she just wants privacy in her backyard. She noted the 6 foot fence was already installed
when they moved in.
Answering a question posted by Alexander,Holececk said that if the previous fence was legally non-
conforming it could be maintained, but not be replaced with a non-conforming fence. Lovetinsky said she
would not have replaced the fence if she knew that it would not be grandfathered in.
Public Hearina Closed
MOTION: Wood moved that EXC06-00016, an application to reduce the required front setback from
15 feet to 4 feet in order to maintain a 6-foot high fence be approved. Alexander seconded the
motion.
Wood said that he went through a similar situation with his property. He said, the regulations are in place
for a purpose even when they don't seem to appiy directly and I don't see enough here to feel that they
can be ignored or overturned. He said the fence Is immediately visible when turning onto Village Road
and that safety was a concern.
Alexander said, the situation is not peculiar and does not place a practical difficulty. There are other lots
like this that are complying with the Code and we run a real problem when exceptions are made on things
like this because then its very difficult to tell other people they can't do the same thing. She said doing
that would put the City in that difficult position. She said the specific standards are not met. The notion
behind this is that it can be injurious to the use and enjoyment of the property and it could impair property
values because of the difference in appearance as this particular property isn't going to be the same as
Iowa City Board of Adjustment
August9,2006
Page 6 of 7
the others around it. She said that it also does set an example for surrounding double and triple fronting
lots which could lead other owners to venture into the same problem and end up in the same situation.
She said, for those reasons she was going to have to vote against this.
Leigh said, this isn't peculiar only to the Village Green area. She said the area between Bloomington
Street and Rochester Street, between Davenport Street and Burlington Street have this same situation.
People in this area would love to be able to fence their backyards but they can't and to make this
exception for you is unfair in not making an exception for other people.
Motion denied 0:3.
OTHER
Alexander asked for an update in the case of the columbarium. Holececk said there was no appeal to the
Board's approval of the columbarium. Holececk stated that the prior case is pending but could be
considered mute since the Board had granted the special exception under the new zoning ordinance.
Holececk said that the Shelter House appeal was fully briefed and is pending before the Iowa Supreme
Court. She noted she believes the case was screened by the court but yet not assigned.
ADJOURNMENT
The meeting adjourned at 5:55 P.M.
sJpcd/minuteslboa/08-09-06. doc
Board of Adjustment
Attendance Record
2006
Term
Name Expires 01/11 02/08 03/08 04/13 05/10 06/14 07/12 08/09
, Karen Leil!h 01/01/07 X X OlE X X X X X
I
Carol Alexander 01/01/08 X X X X X X X X
Michael Wril!ht 01/01/09 X X X X X X X OlE
Ned Wood 01/01/10 X X X X X X OlE X
M. Shelanl!ouski 01/01/11 X X X X X OlE X X
Key:
X = Present
o = Absent
OlE = Absent/Excused
NM = No Meeting
I
I
rnJ
MINUTES
HISTORIC PRESERVATION COMMISSION
AUGUST 10, 2006
EMMA HARVAT HALL
PRELIMINARY
MEMBERS PRESENT: Esther Baker, Michael Gunn, Pam Michaud, Jim Ponto, Ginalie Swaim, Tim
Toomey, Tim Weitzel
MEMBERS ABSENT: Michael Brennan, Richard Carlson
STAFF PRESENT: Sunil Terdalkar
OTHERS PRESENT: Helen Burford, Kevin Fritz, Sandra Randall, John Rummelhart, Hilary Sale,
Heather Shank, Ned Wood
CALL TO ORDER: Chairperson Weitzel called the meeting to order at 6:01 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Rummelhart said that he owns the house at 1112 East Court Street and is doing a rehabilitation of the
porch at that address. He said there was some discussion about the length and the width of the eaves.
Rummelhart said that what was drawn is back to what is there existing. He asked if he needs to reapply, if
he wants to come out another foot to get a little more overhang on the existing soffits.
Weitzel said that would need to be a separate application. He said the Commission would need to see
drawings of it to consider what it does to the building and what the originals were, etc.
ITEMS FOR CONSIDERATION:
Certificate of Approoriateness.
714 East Collece Street. Terdalkar said that this item was discussed at the Commission's last meeting,
but some Commission members expressed the need to examine the building. He said the application was
therefore tabled at that meeting. The applicant is requesting replacement of existing wood siding with
fiber cement board siding.
MOTION: Ponto moved to take consideration of the application for 714 East College Street up from
the table. Gunn seconded the motion. The motion carried on a vote of 6-0.
Weitzel said the primary issue here is using wood versus cement board. Gunn stated that he looked at
the building, and it obviously needs more than just a paint job. He said there is quite a bit of work to be
done, with lots of gaps, holes, and broken pieces.
Gunn said he also looked at a ten-year-old application of fiber cement board. He said it looks a.lmost as
good as when it was first painted. Gunn stated that the house at 725 South Summit is also sided with
fiber cement board, and that house makes fiber cement board look better and better. He said that it is
currentiy difficult to find decent wood to purchase.
Weitzel pointed out that this house had received a preservation award. Gunn said that if the exposure is
not more than the 4 to 4 1/2-inch exposure, the fiber cement board looks pretty good. Weitzel said that
one big issue would be how to get the boards back to where they are right now - how to make sure
they're marked.
Rummelhart said that there is some variation with the outside corners on the wood siding. He said there
are some good-sized corner boards, but no one worried about lining up the front to the side where they
come together. Rummelhart said that if fiber cement board is approved, he wondered if it should be put
back with the variations of what is there. He said that between each lap, the exposed board, there is
probably one-quarter to one-half inch on each course.
Weitzel said the Commission needs to determine if this should be preserved as it is or if it will allow for the
substitute material and needs to specify what level of detail to be replicated if the wood is not retained.
Michaud asked if the Commission discussed the vertical board in the center that connects the small
window and then comes down to the bottom of the sill on the first floor. Terdalkar explained with the help
of the photograph of the house that after the fire in late 1890s, the original steep roof-effectively a third
story was remodeled. He said that the vertical wide trim matched the original midpoints and centers of the
original fa<;:ades and peaks.
Michaud asked if it would be required to put in that vertical trim. Weitzel said that it could be up for
discussion. Michaud said that when it meets the lower level, it becomes obvious that iI's asymmetric.
Weitzel said the question then arises as to whether the Commission is looking for a neat appearance or
looking to preserve an element that was original to the house, even though it no longer matches up with
what was the original peak of the roof.
Rummelhart said that if he is allowed to use the fiber cement board, he has no strong feelings regarding
the vertical line [wide historic trim]. He said he would be trying to go back In with all the window sills on
both the first and second floors. Rummelhart said that all the way around the house that has to come out,
and he needs to get those pieces recreated. He said that there is a level there that continues out the
same distance as the window sills, but they were all snapped off when the siding was Installed.
Weitzel said that they were probably the same as the window sills. He said that the Commission could
specify matching the window sills are they are now.
Rummelhart said that if he is required to leave the existing siding on the house, he will still take off a
number of strips around the house to open it up to install insulation. He said that he would use some as
salvage material for where he has to patch in. Weitzel added that the Commission will therefore need to
consider the insulation aspect of this. He said the applicant is asking to remove old boards to apply
insulation from the outside.
Rummelhart said that he would prefer to use the siding board. He said he would make everything there
as it is there go right back, including the banding.
MOTION: Gunn moved to approve a certificate of appropriateness for 714 East College Street for
the installation of fiber cement board siding and trim as needed, but the details of the house must
remain the same. Swaim seconded the motion.
Toomey said he did not know that he would require the details to remain the same. He said that because
an addition has been put on this house, it gives an opportunity. Toomey said that where the band is lost,
one could salvage those boards and use them as repair somewhere else. He said he would not require
this to be built back exactly as it is.
Toomey asked if the little window is at all functional. Rummelhart confirmed that it is functional. Toomey
said that where the off-centered banding is, he wouldn't have a problem with losing some of it and having
it filled in straight across. He said this is a chance to improve on some of the things that are actually a
little bit sloppy here.
AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the main motion so that the details
are required to be consistent with the historic building. Swaim seconded the amendment to the
main motion.
Michaud said that on the east side where that addition is, one could maybe connect the paired windows
to the solo windows to the left of the door. Weitzel said that it might almost be preferable to draw a
vertical band where the addition starts.
Toomey said that the trim around the windows drops to a smaller size too. He said that he would try to
make that addition more consistent with the original building. Weitzel said he was not certain one would
want to make the addition look like the rest of the house. Terdalkar said that it may be a good idea to
separate it now that it is known to be an addition. Ponto said that one can tell from the roofline where the
addition is located.
Ponto said that he wouid vote in favor of this motion. He stated that he normally likes to see repair, but
repair requires like materials, and they are not available in this case. Michaud agreed and said there is a
lot of deteriorated wood on this house.
The motion carried on a vote of 7-0.
726 Iowa Avenue. Terdalkar said that the applicant is out of town and has requested a deferral of this
application. The consensus of the Commission was to defer this item.
636 South Governor. Terdalkar stated that this is a non-contributing structure in the Lucas-Governor
Street Conservation District. He said that this project was already in progress when a stop work order was
issued. Terdaikar said the application is to replace the siding on the house. He added that there were two
or three types of siding on the house, and there was some damage on the back of the house, so the
applicant started to replace that siding.
Terdalkar stated that about two months ago, approximately 17 windows were also replaced without a
review or a permit. He said that for a non-contributing structure in a conservation district, vinyl siding is
allowed under an exception provided the conditions listed the guidelines are satisfied. Terdalkar said that
in this case, the Commission will need some assurance from the applicant that the guidelines were
followed and that all of the required things were done. Regarding the windows, Terdalkar stated that the
guidelines do not allow vinyl windows.
Fritz introduced himself as the contractor for this project. Weitzel said that this application essentially
involves approving vinyl windows and vinyl siding on a non-contributing structure. He said the
Commission would have to make an exception and state the reason for it if it approves the windows.
Weitzel said that the siding could be approved if the conditions in the guidelines are met, which include:
that all sources of moisture have been taken care of, that historic features have not been removed, and
that trim boards are to match the original.
Terdalkar showed photographs from when the work was stopped. He said that there was already
synthetic siding; asbestos, masonite, and T111; in the back. Terdalkar showed the decorative frieze
board as the only original part of the building remaining and also showed one of the original windows,
which has simple details, that is still in place.
Toomey asked why this house was determined to be non-contributing. Terdalkar said that the original
roofline was altered significantly and a front porch was removed. He said that there were different types of
siding on the building, and as the applicant suggests the windows were also replaced.
Fritz s1ated that this house used to have a flat roof in the back. Weitzel said it appears there was an
addition with a low-pitched roof to the back of the house.
Toomey asked what is underneath the asbestos. Fritz responded that there are just regular siding boards
_ just the original frame of the house. Terdalkar said that as far as he knows the original siding was
removed before the masonite and asbestos siding was installed.
Randall, the owner of the house, said that her parents bought this house in the early 1940s. She said that
the house needed a lot of work, but there is really not a single side of the house that is original.
Gunn asked if there are some oid windows still on the house. Fritz said that there are no original windows
left. He said that there is still a little bit of work to be done yet on the house.
Toomey asked Fritz if he just sided over the asbestos. Fritz confirmed that he sided over it with vinyl
siding. He said that the masonite siding and the T111 were taken off and removed. Fritz added that the
moisture problems have been addressed.
Weitzel pointed out that all the existing decking was not approved by the Commission, but it is not part of
this application.
MOTION: Gunn moved to approve a certificate of appropriateness for the application for 636
South Governor, as submitted. Michaud seconded the motion.
Terdalkar pointed out that the application includes vinyl windows. He said that the windows were repiaced
without prior permit two to three months ago.
Weitzel said that the Commission normally allows replacement windows but prefers wood or metai clad;
vinyl windows are disallowed. Terdalkar said that the Commission should state why it is allowing the vinyl
windows, because it could be precedent-selting since they are specifically disallowed.
Fritz read from the guidelines where it states that vinyl windows may be granted as an exception for non-
historic properties. Terdalkar pointed out that the guidelines refer to non-historic properties, and this is a
non-contributing property.
Weitzel said that the term non-historic refers to buildings built in the modern era. Ponto added that it
would be a building less than 50 years old. Weitzel said that the term is defined on page 69 of the
guidelines, and Ponto said there is also a reference to it on page four.
Michaud said that because of the progression of the work over time, the vinyl windows were aiready
added. Weitzel said that work was completed before the stop work order was issued. Fritz said that he
has no problem doing things the right way. He said he didn't know about this and was surprised by the
stop work order.
Weitzel said that the Commission needs to word the rationale for the exception so that it is clear that vinyl
windows are not allowable from this point on. Gunn said it is an exception because the project is aiready
done, this is a non-contributing property, and this is probably a serious improvement over what was there
before.
Weitzel asked if the windows that were replaced were historic. Fritz said that they were regular double
hung wood windows. Weitzel asked if they were original to the house. Fritz did not know. Randall said
that some of them might have been, but the ones in the back were definitely replacements. Fritz stated
that the windows were different throughout the house. He said there was nothing symmetrical about the
windows, the trims, or the siding.
Weitzel pointed out that this house had a low level of historic integrity, and a high percentage of the
windows probably were not original. Gunn said that probabiy on the whole, this house is closer to non-
historic than non-contributing. Weitzel agreed that this house is on the low end of non-contributing.
Gunn stated that this is not the first time the Commission has allowed things that shouldn't have been,
because they are already done. He said he does not necessarily assume that approval would be
precedent selting. Gunn said this doesn't happen very often. He added that the conservation district has
done a world of good for that section of Governor Street.
Weitzel said he thought that, in total, the changes to this house are an improvement to its appearance
and the neighborhood. He said that the Commission has given three or four reasons to allow this
exception.
Regarding the approval of replacement of siding with vinyl siding, Terdalkar said the Commission needs
to state whether it is satisfied that the guidelines were followed or state the reason it was okay to not
follow one or more of the conditions. Weitzel said that rot was an issue here, and the trim was missing
from most if not all of the windows. He said it did not sound like there was any original trim there.
Weitzel said that the trim boards on the windows, as completed, do seem to extend beyond the siding,
which is the main thing the Commission is concerned with on item four. Regarding item three, he said that
if the Commission is allowing vinyl, it's allowing vinyl, and at that point, it either looks like wood or it
doesn't. Baker added that there is no original wood left to compare it to.
The motion carried on a vote of 7-0.
1016 East Colleee Street. Terdalkar said that this is a key-contributing property in the College Green
Historic District. He said the proposal is to add a garage door at the back of the existing carriage house
by removing three double-hung windows. Terdalkar stated that this will be an alley-loaded garage, if
approved.
Terdalkar pointed out that the 1995 site inventory survey form for this property states that the garage
could have been built at the same time the house was built or shortly thereafter. He said that even though
the assessor's database shows it to be built in the 1930s, the structure appears to have been built much
before that. Terdalkar said the house was built in 1900, and there are similarities with the roof pitch, the
dormers around it, the type and placement windows, and the trim---<letails that typically would not have
been found on a 1930s structure.
Terdalkar said that the house was built for and by an architect who was responsible for building the
Summit Street Apartments and some other significant structures in the City. Terdalkar said the question is
whether the proposed alterations significantly change the fabric of this unique structure. He said that for
the most part, the structure is intact and has been maintained. Terdalkar said that installing the door
would make the building functional and would ensure that the building is used and not neglected. He said
that perhaps a balance needs to be found and a determination of what is better for the long term.
Sale said that she and her husband, Ned Wood, own the house. She thanked Terdalkar for working with
them and said that he is very committed to historic preservation. Sale said that she and her husband are
committed to historic preservation and have won two historic preservation awards for the work they have
done on the house.
Regarding the carriage house in the back, Sale said that the previous owners removed the barn doors
and replaced them with a garage door. Sale said that she and her husband don't really use the garage,
partly because the driveway is quite narrow. Wood said that the access from College Street is a long way
back to the garage. He said that they are also hesitant to cut down the vegetation on the left hand side,
because that is a barrier between their house and the apartment building next door.
Sale said that part of the goal is to replace what essentially was a buffer between her property and the
neighboring property. She said that she would also like to make the garage useful on a daily basis to
protect their cars, as they had extensive tornado damage to their cars in April.
Sale stated that they are committed to the neighborhood and have done significant renovations to the
house. She said they want to continue to do so and to do it in a consistent and as historic as possible
manner while still gelling functionality. Sale said the proposal is to renovate the back side by putting a
garage door on the back side. She said it has to be the side where the three windows are, because there
is a stairwell on the other side right inside the wall. Sale said the proposal is to take the windows out and
install a double garage door; two single doors would not fit.
Sale said that they propose to take off the garage door on the front side and, preferably, essentially put a
wall there, take two of the windows from the back and put them on the front side, and put a door in to get
out of the garage. She said that they would put a metal garage door on the back, but it would be the kind
that looks like wood so that it wouid be consistent with the other garage doors on the back side. Sale said
that what would be seen from the street would have a much nicer appearance. She said that the back
side is in an alley and isn't highly visible from the street.
Weitzel asked if there is any room for a door on the south side of the garage but on the east half. Sale
said that there is a wall down the middle of the carriage house that separates the two sides.
Weitzel said that in the past, the Commission has allowed single garage doors when the applicant has
voluntarily agreed to do a more eiaborate door. He asked Sale if she would be willing to consider that.
Sale said that they don't have the width there for two single doors, but they have not committed to any
particular door. Weitzel recalled that at 900 N Johnson Street garage, the commission reasoned that
using a door that was more elaborate mitigated the fact that it was one large garage door, and the look of
it was almost better than having two plain metal doors.
Weitzel said he thinks that one can find a door that has a barn door appearance without windows.
Michaud suggested that one would want to avoid windows on the back anyway for security concerns.
Weitzel added that the Commission has made exceptions for fenestration based on locations in alleys
and dark, unprotected areas.
Michaud said that this sounds like an appropriate modification. She said she lives on College Green and
realizes that people continually have broken windows on the alley side. Michaud said it is great that the
owners want to maintain the side that faces the house and said she agrees that security is a primary
issue on the back side.
Gunn said that he does not have a problem with moving a large door from one side to the other and
moving windows to fill in. He said this seems like a reasonabie project.
Ponto said that he is much in favor of a structure being changed somewhat and being maintained versus
having it become worthless and rundown. Weitzel pointed out that there also seems to be a world of
exceptions here with the large apartment buiiding next door and the considerations for having to park
underneath those balconies.
MOTION: Swaim moved to approve a certificate of appropriateness for the project at 1016 East
College Street as presented at this night's meeting, with the two windows and one door in the
back moved to the front and a double garage door with a barn door appearance placed in the
back. Ponto seconded the motion. The motion carried on a vote of 7-0.
728 Grant Street. Terdalkar stated that this is a contributing structure in the Longfellow Historic District.
He said that this application is to replace four awning-style windows on the house with aluminum clad
casement style windows. Terdalkar said that because of the unusual sizes, the applicant had to find
custom windows and could not find any awning-style windows of this size. He said the applicant therefore
would like to use casement windows, and the contractor has submitted a brochure from the window
company that gives some descriptive text.
Weitzel said the contractor has sent a letter stating that the owner has a medical condition that prevents
her from cleaning the awning-style windows as well as casements can be cleaned. Weitzel said he is not
convinced that the awning windows are original to the house anyway. He added that there are casement
windows on other houses on this same block.
Gunn asked if the shutters are original. Terdalkar said he did not think so, because the siding was
changed and he would guess the shutters were installed at that time.
MOTION: Gunn moved to approve a certificate of appropriateness for, an application for the
replacement of windows at 728 Grant Street. Baker seconded the motion. The motion carried on a
vote of 7-0.
919 East Washinqton Street. Terdaikar said that this is a contributing structure in the College Hill
Conservation District. He said the application is for the replacement of a metal roof with asphalt shingles.
Terdalkar said that this is one of the twin houses, the other of which at 923 East Washington was
reviewed a few weeks ago.
Gunn asked if the metal roof is original to the house. Terdalkar did not know. Gunn said that most of the
standing seam metal roofs are not original, but he thought this one couid be original. He cited the internal
gutters that are halfway up the roof and said they are a difficult detail to deal with.
Weitzel asked if the owner is saying the shingles are worn out, or does he just want to replace them.
Terdalkar said the photographs in the packet are from after the storm, but he did not see any evidence of
damage to the roof. He said the owner informed him that he knew there was damage, because he is a
contractor. Terdalkar said the application is to remove the old, steel shingles; re-sheath; and install new
fiberglass shingles.
Swaim asked if this type of roof needs to be periodically painted. Weitzel said that originally, it was
probably stamped steel, so that a thin coating of zinc or tin would be applied to it. He said that after a
while that wears off so that the owner has to consider how to maintain the steel without it rusting.
Michaud said she has a sample of the metal roof that used to be on her house. She said that it is 116
years old and is very thin, perhaps one-sixteenth of an inch, if that; she said she would be very
apprehensive if it was on her roof, because it is very malleable and it would be vulnerable to hail. Michaud
said she thinks this is a reasonable request.
Toomey asked if it is certain that the roof is steel. He said that it could be copper. Gunn said he is pretty
sure it isn't copper, because around the gutters, there is quite a bit of deterioration. Weitzel said that the
discoloration is a steel discoloration, not copper.
Gunn said the gutter is in bad shape, and the soffit is rotted out. He said there is a little damage and
some corrosion. Gunn said it is not unreasonable to want a new roof here.
Michaud mentioned the curl on the roof. Weitzel said this roof probably is original, because that detail is
usually thrown away when the house is re-roofed. He said that he would hate to lose that detail.
Swaim said that if the metal roof is as malleable as Michaud's sample, it would be difficult to paint and
maintain. Michaud agreed.
Toomey said that if Commission exists to preserve things, there has to be a reason why the Commission
would vote against preserving this. Weitzel said the owner must be contemplating redoing sheathing, or
this would not be under Commission review. Terdalkar confirmed this; he said that typically a metal roof
would have skip sheathing, and the sheathing would have to be redone if the metal roof is removed.
Weitzel said that he agreed with Toomey. He said that staff comments point out that there is not adequate
evidence of damage. Toomey said that this is not a standard metal seam roof but is pretty rare.
Ponto said it appears that the damage was to the small porch in the back, which is not the original roof.
Michaud asked, if the owner says there is heat loss or the boards are rotten under the metal, then would
the Commission reconsider this. Weitzel said that the owner can reapply if this is denied but would have
to show evidence of whatever damage is there. Swaim suggested tabling consideration of the application
to give the owner time to present evidence.
MOTION: Gunn moved to table consideration of a certificate of appropriateness for an application
for replacement of a metal roof with asphalt shingles until there is more input from the applicant.
Ponto seconded the motion. The motion carried on a vote of 7-0.
Gunn suggested that anyone who hasn't seen the property take a look at it.
Michaud asked if the owner can add gutters without a permit. Gunn confirmed this but said that it would
be difficult to continue that. He said that one might find new shingles to go over where the existing gutters
out but probably could not. Gunn said they would then have to be soldered in. He said this is a difficult
roof to maintain, more so than the standing seam roof.
Terdalkar pointed out that there is a deferred maintenance Issue here. He said the reason this is in this
condition is that there has not been maintenance. Terdalkar agreed that it is difficult and expensive to
redo the roof, but it would not have reached this condition if it had been maintained properly. Weitzel
asked Terdalkar to contact the applicant to help him provide more information regarding the roof.
Minutes for Julv 13. 2006 and Julv 27,2006 Meetinqs.
Julv 13. 2006. Ponto stated that on page four, in the ninth full paragraph, the last sentence should read,
"...and trim appropriate for historic masonry." Weitzel said that on page nine, in the eighth paragraph,
"CME" should be changed to "CNME." Swaim said that on page 13, in the sixth paragraph, "Historic
Preservation Society" should be changed to "State Historical Society."
MOTION: Ponto moved to approve the minutes for the July 13, 2006 meeting, as amended. Gunn
seconded the motion. The motion carried on a vote of 7-0.
Julv 27. 2006. Swaim suggested that on page 8, in the sixth full paragraph, in the third sentence,
"property" should be changed to "project." She added that it should be noted on page 12 that she left the
meeting between the first and second paragraphs. accounting for the change in the vote counts after that
point.
MOTION: Gunn moved to approve the minutes for the July 27. 2006 meeting. as amended. Swaim
seconded the motion. The motion carried on a vote of 7-0.
OTHER:
Terdalkar said the Commission should come up with some criteria for the distribution of the grant award
received from the National Trust. He said there is a very low response to previous call for application and
application deadline has not bee set as of yet. Terdalkar said that a contract was signed when the City
accepted the grant from the trust that says that the City's guidelines will be followed, as well as the
National Trust guidelines - the Secretary of the Interior Recommendations.
Terdalkar said that it is necessary to outline a process and explain certain thing such as who will review
and approve the projects, who can use the funds, when will be review completed, when will the applicants
receive the money. how the funds will be managed. and if there will simply be approval or also oversight
on the actual work. He said that those things are not clear in the application for the grant nor were they
clear when the contract was signed with the Trust. Terdalkar said that an expenditure account is being
set-up with the Urban Planning Division. He said that an audit will be provided through the National Trust
when all the money is spent.
Weitzel recommended forming a subcommittee consisting of members of both the Friends of Historic
Preservation and the Historic Preservation Commission. He said the subcommittee would vote on issues,
and the report would come to the full Commission for approval. Weitzel said that the subcommittee could
only make recommendations; issues would still need the approvai of the whole Commission.
Ponto said there needs to be assurance that things are in compliance with the guidelines. Gunn asked if a
project would be before the full Commission anyway but said that it would not if the property is not in a
district. Weitzel said that it might not be work in a district and it might be work that does not require a
permit. Gunn said that if the work requires a certificate of appropriateness. then the project wili be before
the Commission anyway. He said that if it does not require a certificate. it probably lets the Commission
out of the full review thing. Terdaikar suggested the end of August as a deadline for applications.
Weitzel said the SHSI Office has just announced second round for the remaining $65.000 of the $250,000
from the HRDP Emergency Grant fund. Burford said that one problem that keeps coming up is the
contracts from the State. She said she has referred people with questions to the State Historical Society
and to Jack Porter for technical advice. Burford said that her main concern about this other grant is that
she does not think it is reasonable to say that it is for work not compieted or work that has not been
initiated at this point.
Weitzel said that it is not specified here. Burford agreed but said that she does not think it should be a
consideration. Weitzel said that for the State. that is just their standard procedure, because they want to
review the work before it starts. He said that the State HRDP grant requires that the work be evaluated
before it is started, and the owner cannot get paid for any1hing he does before the States evaluates it.
Weitzel said that if the owner completes something before it is evaluated. he cannot get money for it.
Burford said that people are confused between the two grants, the National Trust grant and the State
grants. She said that she thought the end of September was a more reasonable deadline for the grant
applications. Weitzel said that date is still within six months of the damage.
Gunn asked how many applications have been submitted. Burford responded that there have been four,
but two of them were for trees. Terdalkar said that there have been at least three other inquiries where
the project involves rebuilding the damaged houses, but he did not know the scope of the projects.
Gunn said he did not know that the Commission should be extending the deadline so far out that there
are ten applications that are not going to get funded. Terdalkar said that will also delay projects that
applied before. He said that it should not appear that this is an effort to reach only certain people.
Terdalkar said that this is supposed to be a public process, so everyone should have an equal chance.
Weitzel suggested that Terdalkar also contact Kathy Gourley about the HRDP Emergency Grant.
Burford asked if anyone had heard anything about what Larry Meyers plans to do with his property on
Iowa Avenue. Weitzel said no.
Burford said that at the last Planning and Zoning Commission meeting, the Planning and Zoning
Commission discussed changing the zoning for the new proposed Hieronymus Square Building. She said
that the Planning and Zoning Commission felt that so many changes would be required that it would open
up the redevelopment plan [Near Southside Redevelopment Plan] and reconsider the initial concept of
how the area was zoned. Burford said that initially the Near South Side was supposed to be step-down
zoning, but this building would be several stories high.
Burford said that if the Planning and Zoning Commission is going to reopen [consider amending] the plan,
there are things, in terms of historic preservation of certain buildings on the Near South Side, that have
been left undone. She said that certain things were identified but were not carried through. Burford said
this might be an opportunity to raise that issue so that everyone has a clear idea of what is' going to
happen down the road.
Weitzel said that he is all for letting people build as big as they want to build, as long as they preserve any
historic buildings that are significant in that area. He said the Near Southside Plan says that should be
taken into account, although that is not being followed.
Burford said this redevelopment plan was signed off on by City Council. She said that there is also a
design plan that was signed Off on by City Council. Burford said that if the Planning and Zoning
Commission is reconsidering the redevelopment plan to look at rezoning, it should also finish what it
started when it identified buildings that should be protected and areas to be protected.
Weitzel asked what the Historic Preservation Commission could do to request the Planning and Zoning
Commission give full consideration to inventory and evaluation of that area, if it is opened up for
consideration. Terdalkar suggested writing a letter to the Planning and Zoning Commission, or attend the
Planning and Zoning Commission to make a formal request at the Planning and Zoning Commission.
Gunn asked what geographical area this refers to. Terdalkar said it is the Near Souths ide area, which is
south of Burlington Street, east of Madison Street, west of Gilbert Street, and north of the railroad.
The consensus of the Commission was to make such a request of the Planning and Zoning Commission.
Weitzel said that he would send an e-mail regarding this matter and would also ask the Planning and
Zoning Commission to invite the Historic Preservation Commission to its meeting, if needed.
Weitzel asked Terdalkar if he had contacted HIS regarding the consideration of chimneys and
outbuildings. Terdalkar said he had done so, but he thought that HIS was still looking for a larger policy
from the Commission. He said that he could draft a petition from the Commission to HIS describing
concerns about the chimney and outbuildings policy.
Terdalkar said that the McCollister Corridor Design Charrette was held on Tuesday. He said the
representatives from various city departments, surrounding property owners, and commission members
met with the designer consultants hired to propose the design corridor. Terdaikar said the consensus was
to start with a design that borrows some of the features that were there, including the theme of the natural
settings, with the bridge over the Iowa River. He said the designers were trying to gauge what sort of
theme should be used for the bridge design. Terdaikar said there was a suggestion to use prairie school
architecture, with its formal lines, for the design of the bridge and suggestions to borrow features of the
area for the theme.
Weitzel suggested that the Commission schedule a formal election of its officers. Terdalkar said that he
will make arrangements for that.
Burford asked if the Commission is considering applying for the CLG grant. Weitzel said that he plans to
work on something over the weekend to at least send in a rough outline. Weitzel said that he may not be
abie to meet August 11 deadline for receiving SHSI Staff comments on the draft but he plans to send the
application later before the application deadline.
Weitzel said that the main thing that grant is for is Manville Heights. He said that waiting until January to
apply for the HRDP, which won't go into effect until next July is not ideal; the Commission should
probably try to go ahead and finish this up.
Weitzel said that the South Side won't wait either, really. He said the site CLG would be the South Side
Inventory and Melrose evaluation. Weitzel said the Commission would want to include the identification of
other at-risk buildings as well, such as the Tait Arms.
Terdalkar stated that the Iowa Chapter of the American Planners Association is organizing their annual
convention in Iowa City on November 2nd and 3'd and has asked for suggestions for topics and
presentations. He suggested that Marlys Svendsen could be asked to speak.
ADJOURNMENT: The meeting was adjourned at 8:06 p.m.
Minutes submitted by Anne Schulte.
PCD/minlHPC/08-10-06HPC.doc
Historic Preservation Commission
Attendance Record
2006
Term
Name Expires 01119 02/9 02/22 03/16 04/13 04/27 05/04 05/11 05/18 OS/25 06/08 06/22 07/13 07/27 08/10 00/00 00/00
E. Baker 3/29/09 -- -- -- -- -- -- -- -- ---- X X X X X X X X OlE X
M. Brennan 3/29/08 X X OlE OlE X X X X X X X X 0 X OlE
R. Carlson 3/29/07 X X X X X X X X X X X X X X OlE
J. Enloe 3/29/06 X X OlE OlE -- -- -- -- -- -- ---- ---- -- -- -- -- -- -- -- -- ---- -- --
I M. Gunn 3/29/07 X X X X X X X X X X X X X X X
M. Maharry 3/29/08 X X X X X X X OlE X OlE X -- -- -- -- -- -- -- --
M. McCallum 3/29/06 X X X X -- -- -- -- ---- -- -- -- -- -- -- ---- -- -- -- -- -- -- -- --
P. Michaud 3/29/09 -- -- -- -- -- -- -- -- -- -- -- -- ---- ---- -- -- X X X X X X
J. Pardekooper 3/29/07 X X X 0 -- -- -- -- -- -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- --
J. Ponto 3/29/07 X X X X X X X X OlE X X OlE X X X
M. Schatteman 3/29/09 -- -- -- -- -- -- ---- X -- -- -- -- ---- ---- ---- -- -- ---- -- -- ---- -- --
G. Swaim 3/29/09 ---- -- -- ---- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X
T. Toomey 3/29/09 -- -- -- -- ---- -- -- -- -- -- -- ---- -- -- -- -- -- -- ---- X X X X
J. Weissmiller 3/29/06 0 0 0 0 ---- -- -- ---- ---- -- -- -- -- ---- -- -- -- -- -- -- -- --
T. Weitzel 3/29/08 X X X X X X X X X OlE X X X X X
Key:
X ~ Present
o ~ Absent
OlE ~ AbsentlExcused
I NM = No Meeting
-- -- ~ Not a Member
I
I
~
MINUTES
Youth Advisory Commission
August 14,2006 - 6:30 pm
Harvat Hall, City Hall
DRAFT
Call to Order: Meeting called to order at 6:35 P.M.
Members Present: Kamps, Keranen, Nelson, Subramanian, Ziegenhorn
Members Absent: Bleam, Stubbers
Others Present: City Council Liaison Correia, City Clerk Karr
Recommendations to Council (effective onlv after separate Council action)
None.
Approve Minutes
Moved by Subramanian, seconded by Kamps, to approve the minutes from the meeting
of July 10. Motion carried unanimously, 5-0.
Election of Officers
Karr said that By-laws have been approved by the City Council and official positions
could be filled. Keranen stated that she would like to become chair; Subramanian moved
for the election of Keranen to this post and was seconded by Nelson. Motion was carried
unanimously, 5-0.
Subramanian moved to nominate herselfto the position of Vice-Chair, Keranen
seconded. Motion was carried unanimously, 5-0.
Karr briefly explained the duties of a Vice-Chair and Secretary. The Vice-Chair fills in
for the Chair in his/her absence and the Secretary would be in charge of the minutes.
Subramanian nominated Ziegenhorn to be Secretary, Keranen seconded, motion was
carried unanimously, 5-0.
Development of Lo!!o
Nametag and/or button, and t-shirt:
Karr stated that she had grouped the nametag and t-shirt possibilities together because
she was under the impression that the commission wanted a singular logo to represent
the group. Karr also said that she had included additional options. Keranen stated
that she felt including the city's logo was more professional and that she liked the
sixth option, but not the fourth. Subramanian disliked the fifth option because of its
childish look, yet Ziegenhorn felt partial to this logo because the 'Youth Advisory
Commission' was obviously separate from the 'City ofIowa City.' Keranen stated
that she liked option number one and Ziegenhorn agreed. The group as a whole
stated that they disliked the all capitals font because it felt too harsh. Keranen
Youth Advisory Commission
August 14,2006
Page 2
suggested getting rid of any logos that the group was sure they disliked. Subramanian
suggested option three. Four, five, and six were then eliminated. Subramanian and
Ziegenhorn said they disliked two. The remaining logos were then option two of the
first submission and option one of the second submission. Subramanian said she
would like to have a nametag and a shirt because the nametag could be worn at
formal events when a polo shirt could not. Kamps said she thought the second option
was more timeless and this was decided to be the logo. It was then decided that the
group would have mock-ups of a nametag presented at the next meeting showing
different ways that the first and last name could be presented on a nametag.
Following this it was decided that a light blue, short sleeved, three-button polo shirt
without names, but with the (navy) logo would be used.
Discussion of website
Karr said that a request form needed to filled out and submitted to the City Webmaster.
She suggested a subcommittee be formed to meet with Webmaster and communicate to
the commission. Nelson and Kamps both expressed interest in being members of the
subcommittee. The request form was then filled out. It was decided that the website was
a time sensitive issue and that the goal was to have the web site up and running (in some
form) by October 31. Keranen said she thought the website should showcase what Y AC
does and should have a place for the sharing of ideas among teens. Correia suggested
that it should be a place where local city, school, or youth events should be posted on a
community calendar. Keranen said she would like to see specialized pages on each event
that the group had worked on posted on the website. Nelson suggested that the mission
statement and the goals of the group should be expressed. Kamps also expressed wanting
a page containing biographical material about the commissioners. A question on the
expiration of current members terms lead to the decision that applications and openings
for the Commission should be posted ort the site. In further addressing the application, it
was decided that the site would benefit division operations (parks & rec, transit) and
citizens. Karr suggested that, after approval of the application, the subcommittee of
Nelson and Kamps get started working on the website with the web-master and report
back at the next meeting.
Public Discussion
None.
Announcements/ Invitations
Correia discussed what had happened at the last meeting with Katie Roche, who
organizes Summer of the Arts. Correia summarized the sponsorship of a Global Village
Tent at the Arts Fest and a youth panel of judges for a youth film fest. Keranen said that
Roche had also talked about the collection of youth videos for an extremely extensive
film library. Correia continued her discussion by mentioning the need of general
volunteers to help run Summer ofthe Arts, and suggested that the Summer of the Arts be
a topic on the next meetings agenda and that the commission should decide what level
they would be involved. Correia and Karr agreed that Roche should drop of
Youth Advisory Commission
August 14,2006
Page 3
informational packets on the required level of involvement for different Summer of the
Arts activities.
Karr brought up a letter that the Chamber of Commerce had sent, asking if they could
come and speak to the group. It was decided that Nancy Quellhorst would be invited to
the next meeting to speak with the commission.
Correia discussed the Iowa City Human Rights Commission and the Youth awards that
they give. She said that there was a possible connection between the two commissions
and that Youth Advisory could volunteer to work with Human Rights in exploring ways
to overlap the two groups. Correia also suggested that the Youth Advisory commission
could be involved with the Citizenship Award presented by the Mayor at formal Council
meetings.
Karr moved onto discussing the next meeting dates. She thought that it would be good to
have meetings on a regularly scheduled date, such as the first Thursday of every month.
Ziegenhorn and Keranen both spoke against Thursdays because of the obstacle ofthe
Cross Country season. Karr said that City Council meetings (regularly scheduled for
Tuesday) were also obstacles and until further notice, the commission decided that
meetings would be held on the first Wednesday of every month at 7:00 p.m. Ifthis time
becomes too difficult it can be moved back to 7:15 or 7:30. The next meeting was
declared to be on September 6th at 7:00 p.m.
Ziegenhorn brought up a possible volunteer opportunity for the group. She said she
would bring more information the next meeting but that event would be a charity
run/walk sponsored by City High Cross Country and would take place on November 11.
Commission scheduled discussion of the late night bus service to the agenda for the next
meeting and invited UISG Rep to the Council (Austin Baeth) to the next meeting.
Moved by Kamps to adjourn, seconded by Subramanian, motion passed unanimously, 5-
0, meeting adjourned at 7:45 p.m.
Minutes prepared and submitted by Ziegenhorn
ATTENDANCE RECORD
YEAR 2006
(Meetin!! Date)
TERM 3/23 3/30 4/13 4/20 5/25 6/14 7/10 8/14
NAME EXP.
Audrey 12/31/07 X X X X X X X X
Keranen
Sarah 12/31/07 X X X OlE OlE X X X
Zie!!enhorn
Subha 12/31/06 X X X X. X X OlE X
Subramanian
Elyse 12/31/06 OlE X X X X X OlE X
Abboud
Kamps
Maison 12/31/07 X X X OlE OlE OlE 0 OlE
Bleam
Jacqueline 12/31/07 X x X X X X X OlE
I
I Stubbers
I Michael 12/31/06 X X X X X X OlE X
I
I Nelson
I
I
I
i
I
I KEY: X = Present
o = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member