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Home My WebLink About2006-09-28 Info Packet I = 1 -....= -~... !~~~"? "-, -"".~i.- ......- ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET September 28, 2006 OCTOBER 2 WORK SESSION ITEMS IP1 City Council Meetings and Work Session Agendas IP2 Memorandum from the City Clerk: Meeting with area legislators IP3 Memorandum from the City Manager: City Council Discussion Items MISCELLANEOUS IP4 Memorandum from the City Clerk: Agenda Items for Joint Meeting IP5 Memorandum from the City Clerk: Congress of Cities & Exposition IP6 Memorandum from the Fire Chief: Badge Pinning Ceremony IP7 Letter from the Assistant Transportation Planner to First Avenue Businesses: Efforts to reconstruct the First Avenue/Iowa Interstate Railroad crossing IPS Memorandum from the Traffic Engineering Planner: 2006 durable pavement parking project IP9 Letter from Karen Kubby to Mayor Wilburn: Payment in lieu of taxes from the Emma Goldman Clinic [Mayor's response included] IP10 Letter from Paula Mohr to Mayor Wilburn: 2007 Certified Local Government Grant Application IP11 Letter from residents of the Governor's Square area to the Historic Preservation Commission: 923 Iowa Avenue IP12 Letter from Sharon Moroney to Mayor Wilburn, Gregory Geoffroy, and Gary Fethke: Pleasant experience in Iowa City IP13 Police Department Monthly Liquor License (off premise sales) Report: August 2006 IP14 Email from the Database Administrator to the Code Enforcement Assistant: Peninsula Permits IP15 Fiscal Year 2006 Annual Report of Boards, Commissions, and Committees IP16 Agenda Packet: Economic Development Committee September 19, 2006 Agenda: 10/5 Joint Meeting at School Board Office I = I -,..,= -4... f~W;!:~ -..;;::., _""m-~ ---.- ~ CiTY OF IOWA CiTY www.icgov.org CITY COUNCIL INFORMATION PACKET September 28. 2006 IP1 OCTOBER 2 WORK SESSION ITEMS eetings and Work Session Agendas IP2 Memorandum fr the City Clerk: Meeting with area IP3 Memorandum from e City Manager: City Council iscussion Items IPS Memorandum from the Traffic Engin project Planner: 2006 durable pavement parking IP4 Memorandum from the City IP5 IP6 Memorandum from the Fire Chief: IP7 Letter from the Assistant Transportat n lanner to First Avenue Businesses: Efforts to reconstruct the First Avenue/Iowa Int tate Railroad crossing IP9 Letter from Karen Kubby to Mayor i1burn: ayment in lieu of taxes from the Emma Goldman Clinic [Mayor's response neluded] IP10 Letter from Paula 200 Certified Local Government Grant Application IP11 Letter from residents of the G ernor's Square area to th Historic Preservation Commission: 923 Iowa Avenue IP12 Letter from Sharon Moron to Mayor Wilburn, Gregory Geoffr ,and Gary Fethke: Pleasant experience in Iowa City IP13 Police Department M thly Liquor License (off premise sales) eport: August 2006 IP14 Email from the D abase Administrator to the Code Enforcemen Assistant: Peninsula Permits IP15 Annual Report of Boards, Commissions, and Committees IP16 Agenda Pac t: Econdmic Development Committee September 19, 2006 September 28, 2006 Information Packet (continued) 2 PRELIMINARY/DRAFT MINUTES IPH Public Art Advisory Committee: September 7, 2006 IP18 Planning and Zoning Commission: September 7,2006 IP19 Senior Center Commission: August 15, 2006 IP20 Telecommunications Commission: August 28, 2006 IP21 Police Citizens Review Board: September 12,2006 IP22 Airport Commission: September 14, 2006 IP23 Airport Commission: September 18, 2006 IP24 Board of Adjustment: September 13, 2006 ..;; 1 :=:.~=-~... :t~Wi!=" -.;;::..~ "!!!.t~ --- CITY OF IOWA CITY City Council Meeting Schedule and Work Session Agendas I n~~8t J September 28, 2006 www,icgov.org . MONDAY, OCTOBER 2 Emma J. Harvat Hall 6:30p Council Work Session . Planning and Zoning Items Council Appointments . Energy/Environmentallnitiatives . Human Service Funding Procedures [reference agenda item 12] . Legislative Priorities Budget Priorities Agenda Items Council Time Schedule of Pending Discussion Items . Future Meeting Schedule \, . TUESDAY, OCTOBER 3 7:00p Formal Council Meeting Emma J. Harvat Hall TENTATIVE FUTURE MEETINGS AND AGENDAS I . WEDNESDAY, OCTOBER 4 Ie School District 4:30p Joint Meeting (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 Emma J. Harvat Hall '. TUESDAY, NOVEMBER 7 Election Day - No Meeting . MONDAY, NOVEMBER 13 5:00p Legislative Meeting 6:30p Special Council Work Session Emma J. Harvat Hall . TUESDAY,NOVEMBER14 7:00p Special Formal Council Meeting Emma J. Harvat Hall . THURSDAY, NOVEMBER 23 Thanksgiving Holiday - Offices closed Emma J. Harvat Hall . FRIDAY, NOVEMBER 24 Thanksgiving Holiday - Offices closed Emma J. Harvat Hall I ~ I --= -14' ~~~~'t -.;;;:.....~IIDI, ....... C I T Y 0 F IOWA C I T Y~ MEMORANDUM DATE: September 27, 2006 TO: Mayor and City Council Marian K. Karr, City clerkfYlJ/....:K FROM: RE: Meeting with area legislators Area legislators have agreed to a joint meeting on Monday, November 13, prior to your work session. The meeting has been scheduled for 5:00 PM to 6:30 PM in Harvat Hall. Time has been set aside on the October 15t work session to discuss possible agenda items for that upcoming meeting. I have attached a copy of last year's joint agenda, and a draft copy of the Iowa League of Cities Policy Language. Attachments Iowa League of Cities - Draft 2007 Policy Language League members will be asked to approve four legislative priorities for the 2007 session on September 29,2006, during the League's Annual Conference and Exhibit in Coralville. Members will be approving the priority information in bold face. Backgrollnd information provides explanation of the priority and is subject to change. Priority One: Property Tax Reform Support a property tax reform initiative that includes elimination of inequities caused by the rollback formula. Background: Legislators will consider property tax refoml legislation again in 2007. Property taxes are an important revenue source for cities and other local govemments. Since] 978, Iowa's property tax system has functioned under a "rollback formula" that has shifted burdens among classes of property, while the general fund levy limit has gradually impeded the ability of cities to provide needed local govemment services. The League believes that reform of the current system is needed to improve accountability, equity and stability. The effect of any property tax system changes on municipal financing tools, such as tax increment financing (TIF), must be considered and bond ratings must not be adversely impacted. Priority Two: Local Government Finance Enable and enhance revenue alternatives, and reduce costly mandates, to allow cities to efficiently manage vital services including public safety, transportation, utilities and other quality of life amenities. Background: Local govemment efficiency depends not only on reform of the property tax system, but on enabling appropriate revenue sources and reducing mandated practices that are costly and yield little benefit. Revenues that should be addressed include but are not limited to fire service levies and fees, utility franchise fees, water quality funding, road improvement funding, and funding for amenities such as parks and trails. State incentives to encourage local govemment sharing should be provided, including resources for joint planning efforts. Publication requirements for cities and 28E entities should be revised to reduce costs while ensuring access to public information. Priority Three: Economic Development and Growth Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state. Backgrollnd: Changes are needed to eminent domain law to ensure that blighted areas can be improved and public projects can proceed, Tax increment financing (TIF) should be supported as an important tool used by cities to promote economic development. Local goverrunent financing tools need to be diversified, such as enabling the option of a sales tax TIF for certain developments. Successful quality of life programs need continued funding, such as Vision Iowa, Iowa Great Places, Main Street, and tax credits for historic preservation. Priority Four: Controlling Pension Costs Support initiatives to control all public pension costs and, in addition, increase state funding of the Municipal Fire and Police Retirement System of Iowa (MFPRSI). Background: Although legislators traditionally focus on pension issues in even-numbered years (which are also general election years), the League will advocate for increased state contributions to the Municipal Fire and Police Retirement System in 2007. City contribution rates to the program are uncapped and have risen without relief in recent years, even topping 30%. Employee contributions are capped at 9.35% of earnable compensation. The state currently contributes approximately $2.7 million each year to the MFPRSI system, which is less than 1 % of funds needed each year to maintain the soundness of the system. Any new benefits or expansion of existing benefits will be opposed. Other improvements that would allow public pension systems to operate more equitably could include clarifying subrogation provisions, and adopting more long terrn actuarial smoothing assumptions and up-to-date mortality tables. 2 t: ({j IPt JOINT MEETING CITY COUNCIL OF IOWA CITY AREA LEGISLATORS Monday, November 28, 2005 4:30-6:30 p.m. Emma Harvat Hall AGENDA 1. Updates . Values Fund, REAP, CAT Grants, Vision Iowa . Maintain TIF . Change the Road Use Tax Formula . Hotel/Motel tax . Uninsured Seeking Health Care . Manufactured Housing . Rental Units . Real Estate Transfer Tax . Public Improvements Bid Threshold . Preserve Home Rule . Property Tax Credits 2. New Legislation 3. Other Business S:legagenda05.doc 1 ~ =:::,~-~... (~Wlrl'"!. ~~ ~..m-~ .... ... CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I! 1 :t~~~ar .....-;;:......"Sr~IIII.~ .....~ CITY OF IOWA CITY~ MEMORANDUM Date: September 26, 2006 To: City Council From: City Manager Re: City Council Discussion Items Attached is an updated list of Council discussion items. ;}u~. September 26, 2006 CITY COUNCIL DISCUSSION ITEMS Housing policy - inclusionary zoning Budget priorities Farmer's Market to Parks and Recreation Commission Peninsula update Review of City Council goals from January 2006 Dubuque Street - middle of street parking (Chamber of Commerce) Joint Meetings Airport Commission Aviation Commerce Park South Parks and Recreation Sand Lake Energy/Environmental Initiatives Revenue Alternatives Mid American franchise negotiations Joint Communication Center - update CDBG set asides for 2008 Aid to Agency funding Street naming I! 1 --= -~ ~~W~'t "-~ ~aa.' .........~ C I T Y 0 F lOW A C I T Y~ MEMORANDUM DATE: September 27, 2006 FROM: Mayor and City Council Marian K. Karr, City Clerk fX'-~.?- TO: RE: Agenda Items for Joint Meeting The School District will be hosting the next joint meeting of the City Councils ofIowa City, Coralville, and North Liberty; the Iowa City Community School Board, and the Johnson County Board of Supervisors. The meeting date is scheduled for October 4 at 4:00. Please forward any agenda items to me no later than Monday evening, October 2. The meeting is scheduled to last about two hours. Because of time constraints items will be reviewed by the Mayor prior to submission. A complete agenda and meeting date confirmation will be distributed to you on Tuesday evening. cc:jointmeetingrequestforitems.doc I! 1 -=~-__IIt... !~W;!:~ -...::.....~IIII.~ ....... .. CITY OF IOWA CITY~ MEMORANDUM DATE: TO: September 21, 2006 FROM: Mayor and City Council Marian K. Karr, City Clerk mile/( Congress of Cities & Exposition RE: The Congress of Cities and Exposition serves as NLC's (National League of Cities) "annual convention", and runs December 5-9 in Reno, Nevada. Attached is information from the website. A brochure was sent to you individually some time ago. Please contact me if you are interesting in attending and I will assist you in making hotel and conference registrations. -,----~--,._"-"--_._--~----~----_.,---'---------_.._.-,_._---,,----_._-----_._-----~-"-------~._--"--"-~----._----_._._---.._.._-~--- Congress of Cities Preliminary Schedule of Events Reno, Nevada December 5-9, 2006 Tuesday. December 5. 2006 Leadership Training Institute Seminars Constituency and Special Group Seminars Wednesday. December 6. 2006 Leadership Training Institute Seminars Mobile Workshops Governance Meetings Policy Meetings: 9:00 a.m. -12:00 O.m. Energy, Environment and Natural Resources (EENR) Human Development (HD) Public Safety and Crime Prevention (PSCP) Transportation Infrastructure and Services (TIS) 1:00 O.m. - 4:00 om. Community and Economic Development (CED) Finance, Administration and Intergovernmental Relations (FAIR) Information Technology and Communications (lTC) Constituency and Special Group Meetings and Events Thursday. December 7. 2006 Opening General Session Exposition Workshops Mobile Workshops Governance and Policy Meetings . Resolutions Committee Meeting . NLC Nominating Committee Hearing Constituency and Special Group Meetings and Events Friday. December 8. 2006 General Session Exposition Workshops Mobile Workshops City Futures Panel Meetings Constituency and Special Group Meetings and Events Saturday. December 9. 2006 General Session Delegates Luncheon Workshops Annual Business Meeting Host City Closing Event L II Seminars at CoC 2006 Page I of7 Leadership Training Institute Seminars Congress of Cities Conference December 5-6, 2006 Reno, Nevada )) Download LTl Semin:!f Descriptions PDF )) Download LTl Seminar Scholarship ApplicatiQn PDF Full-Day Seminars Tuesday, Deeember 5,2006 1,.01: Life Coaching Skills for Effeetive Leadership: Balancing Your Personal and Professional Life 9:00 am - 5:00 pm Registration Fee: $165 Competency: Cornerstone Learn to capitalize on your strengths as you explore what is needed to lead effectively, balance your life while decreasing stress and increasing productivity, and establishing that balance in others. Learn how the same principles used in life coaching to help people get what they want out of life, can also be used to help make effective and dynamic leaders of a community. By the end of the day you will have the skills needed to be an innovative leader who will be able to motivate and inspire individuals to excel and work together to achieve common goals. Establish a balance in your life by not trying to do it all, but rather focusing on a balance that provides intellectual stimulation, physical activity, understanding your work/life purpose, and putting passion into your work. Instructor: Marlene A. Pontrelli, City Attorney, Tempe, AZ 1,.02 - Building Inclusive Communities through Democratic Governance 9:00 am - 5:00 pm Registration Fee: $165 Competency: Collaborator Learn how successful communities have high levels of citizen involvement by providing meaningful outlets for citizen participation. Examine how citizen participation in political, community, and neighborhood affairs is critical to the creation and maintenance of a strong, vibrant community. The strategies and principles of democratic governance go hand-in-hand with inclusive communities. Learn how these ideas support one another and learn valuable tools and structures you can use in your own community. See how citizen participation in successful communities is characterized by tl1e involvement of all the diverse sectors and interests of the community. Participate in a dialogue on cultural difference, extract lessons from various democratic governance projects, and hear from other elected officials about the lessons they have learned. Cosponsored by the NLC Democratic Governance Panel and Equity and Opportunity Panel Instructors: Matt Leighninger, Director, Democracy Workshop, Hamilton, Ontario, Canada Bev Perry, City Clerk, Brea, CA; Chair, NLC Democratic Governance Panel 1,.03 - How to Stay Motivated in a Changing World 9:00 am - 5:00 pm Registration Fee: $165 Competency: Catalyst As the saying goes, "times are a-changing," especially for our cities and their leaders. Your city's future is determined by how you confront the realities of today. As policies and procedures constantly change in local communities, officials have to do more with less and continually find ways to lead by example in order to handle the unexpected. Learn team-building techniques, how to build rapport, and address the needs of others. Learn ways to empower and influence others to work more effectively as a team, build empathetic communication skills and identify competencies that are essential in helping people handle constant change while reducing stress levels. Learn to identify people's behavioral styles, how they need to be treated, motivated and addressed in a professional environment. Learn to let go of what can't be controlled in order to work with change and communicate needs clearly. Instructor: Jennifer Webb, Chief Training Officer, Magic Communication, Reno, NV http://www.nlc.org/conferences_events/leadership_training_seminars/10833.cfin ?TYPE... 9/18/2006 L TI Seminars at CoC 2006 Page 2 of7 Website: www.magiccomm.com Morning Seminars Tuesday, December 5,2006 L04 - Conflict Management 9:00 am - 12:00 Noon Registration Fee: $105 Competency: Collaborator Recognize the essential role that conflict plays in life and learn to respect and actively manage conflict related to personal hot buttons. Utilize a self-assessment tool to identify areas that are ripe for personal and interpersonal contlict. Learn critical skills for resolving conflict with others, understand the principle of flexible response to conflict situations; learn to understand and use a proven method for analysis of conflict and a more productive response. Learn how to build the most effective techniques for addressing conflict within group dynamics and in your role as a member of city council. Instructor: Steven B. Montague, Director, n Enterprises, Inc., Springtown, TX Website: WWW.9gs.org L05 - Community Vision 9:00 am - 12:00 Noon Registration Fee: $105 Competency: Catalyst Examine where your community is headed and the process that will be used to get there. Define the meaning of vision along with the issues and goals for your community as you identify the key stakeholders and resources involved. Engage in a pre-seminar review of your community as you solicit ideas and identify key elements for moving your community into action and the direction you know is crucial for its future. Work in small groups as you examine a consensus-building process that can range from simple and short to morc complex, longer-term designs and plan for your home community. Instructor: Sam Westbrook, Director, 9g Enterprises, Inc., Springtown, TX Website: WWW.ggs.org Lo6 - Strategies for Strengthening the Availability of Housing Affordable to Working Families Registration Fee: $105 9:00 am - 12:00 Noon Competency: Competent Practitioner With rising land costs outpacing wage growth in many parts of the country, a growing number of communities are finding it difficult to maintain an adequate supply of housing that is affordable to working families including teachers, nurses, fire fighters, and other essential workers. This has raised the profile of affordable housing as both a necessary public service and a prerequisite for continued economic growth. Examine promising strategies for expanding the availability of housing that is affordable to working families in your community, with an emphasis on strengthening the ladder for sustainable homeownership, leveraging federal rental housing resources, and local land use policies that facilitate private market construction of affordable housing. Build your understanding, skills and abilities to address the housing challenges that face your community. Instructor: Jeffrey M. Lubell, Exec. Director, Center for Housing Policy, Washington, DC Website: www.nhc.org Afternoon Seminars Tuesday, December 5, 2006 L07 - Building Public Trust through Performance Leadership 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Cornerstone Leaders who want to win back public trust must do so by achie\~ng performance results that matter to citizens and stakeholders. Evaluate your own performance by asking yourself key questions: What are we doing? How are we http://www.nlc.org/conferences_events/leadership_ traininL seminars/l 0833 .cfm?TYPE... 9/18/2006 L TI Seminars at CoC 2006 Page 3 of7 doing? How do we lead change? Examine those key leadership attributes of vision, participation, collaboration and inspiration in an effort to build public trust in your performance leadership. Learn vital tools and practices for local government leaders to put performance management onto the streets and into action in your community. Instructor: Kevin Baum, Founder and Principal, InCentergy, Austin, TX Website: WWW.illeelltergy.eOm LoS - Just Do It! Building Coalitious aud Connecting Cultures with Youth 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Competent Practitioner While youth account for 13% of the U.S. population, they account for 100% of America's future. Learn to reconnect with youth by learning about a community with two very unique government youth leadership programs. Know the reasons for disconnect between youth and adults; understand the financial, social and societal implications for this disconnect, and learn about the benefits of a governmental youth leadership program. America's aging population will increasingly depend on the ability of adolescents and the quality oflife for older adults will greatly depend on the responsibility and generosity of our next generation of young workers. Cosponsored by the Institutefor Youth Education and Families (IYEF) Instructor: Van Johnson II, Vice Chairman, City Council, Savannah, GA Website: WWW.valljQ!lllsQIl.net L09 - Managing Communication Style Differences 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Communicator Individuals have different predispositions and preferences in communication styles, particularly in stressful conditions. Instead of causing conflict and avoidance, these differences can be utilized as a positive force. Assess your own preferred communication style by examining different styles under both 'calm' and 'storm' conditions. Identify different communication styles, appreciate their unique contributions and challenges, and become more adept in working with them to manage interactions with others in a constructive manner. Learn about the precipitators of your own preferred style and the impact on others as different situations occurs. Instructor: Dr. Neil Katz, Director of Organizational Training and Development, Executive Education, Maxwell School of Citizenship and Public Affairs, Syracuse University, Syracuse, NY Website: www.maxwell.svr.edu/exed Full-Day Seminars Wednesday, December 6,2006 Lto - Building a Better Relationship with Management and Staff to Create a Stronger Community 9:00 am - 5:00 pm Registration Fee: $165 Competency: Competent Practitioner Learn to establish and maintain an effective working relationship between the city council, the city manager and staff; understand how it is key to achieving your objectives and goals as you carry out your role as a city official. Examine the current relationship between policy and administration; understand the roles of all of the stakeholders involved as you develop new strategies for building the relationship and creating a stronger community. As leaders in the community, elected and appointed officials must be able to work together. Learn to become more effective in managing the relationship as you assess its strengths and challenges. Instructors: Marty Vanacour, Principal, Dynamic Relations LLC, Glendale, AZ and Kathie Novak, Director, Rocky Mountain Program, Center for the Improvement of Public Management, Graduate School of Public Affairs, University of Colorado-Denver, Denver, CO Website: WWW.rmp.el1<lellver.edJ1 Lll - Building Bridges: Leading Beyond Political Polarization 9:00 am - 5:00 pm Registration Fee: $165 http://www.nlc.org/conferences _events/leadership _ traininL seminars/1 0833 .cfm?TYPE... 9/18/2006 ..---_.~-------------_._-------'------,.._------------.--.---. ._~._-----_._-- .._.~,..,---_.'- L TI Seminars at CoC 2006 Page 4 of7 Competency: Collaborator Learn how public leaders can successfully move beyond political polarization to leverage diverse viewpoints into bigger and bolder initiatives. Discover how to generate ways to transform the deadlock of political polarization into empowerment to create successful outcomes. Assess your own 'leadership point of view' and gain insights into your public leadership philosophy, as you challenge your assumptions about strongly held beliefs or points of view that can lead to polarization. Develop authentic community politics that focus on service and contribution as you learn and implement the three levels of listening. Learn how to cultivate hope and vision for long term in the midst of existing political breakdown. Instructor: Donna Zajonc, Former member of the Oregon Legislature and Co-Founder, Bainbridge Leadership Center, Bainbridge Island, W A Website: """",.politicsofhope.cOIn L12 - Do You Have the Will to Lead? Keys to Leadership Success 9:00 am - 5:00 pm Registration Fee: $165 Competency: Cornerstone In today's climate of flattening global citizenship, community leaders must undergo a dramatic transformation to deal with emerging themes and changes. City leaders face major challenges from budget limitations and increasing demands for resources. Broaden your understanding of leadership success for both elected and appointed city officials. Learn innovative leadership principles to help you work through such issues with greater success. Join renowned philosopher, author, and leadership scholar Peter Koestenhaum as he discusses the keys to leadership success. Examine a practical model of leadership for local government leaders as you learn his leadership diamond; one of the most comprehensive, thought-provoking, and tough-yet-human approaches to leadership. Learn how to create a city governance change plan, complete a personal leadership growth assessment and gain tools to translate thought into action. As local leaders address increased demands, learn how to address the tensions and manage personal stress as a result of serving your citizens and community as a strong and innovative leader. Examine key leadership principles as you uncover your own modelofleadership that was hidden or untapped. Today's challenging and often chaotic times require profound conceptual frameworks that call for a passion and the will to lead. Instructors: Peter Koestenbaum, Principal, Philosophy in Business, Carmel-by-the-Sea, CA and Roland Sullivan, Leadership Excelsior, MN Website: www.oib,!let L13 - Negotiation Skills and Strategies 9:00 am - 5:00 pm Registration Fee: $165 Competency: Collaborator A popular slogan proclaims, "You do not always get what you deserve. You get what you negotiate." It is particularly critical for local elected officials to negotiate successfully with critical stakeholders and constituents to accomplish goals and objectives. It is true that high quality negotiation skills are a key factor in meeting needs, particularly in an environment of scarce resources and increased competition. Examine the strengths and limitations of your current negotiation style, explore the advantages of negotiation preparation, and develop competence in utilizing an interest-based process for negotiations to achieve substantive, procedural and relationship outcomes. Instructor: Dr. Neil Katz, Director of Organizational Training and Development, Executive Education, Maxwell School of Citizenship and Public Affairs, Syracuse University, Syracuse, NY Website: """",.maxwell.syr.edu/exed Morning Seminars Wednesday, December 6, 2006 L14 - Guarding the Public Checkbook 9:00 am - 12:00 Noon Registration Fee: $130 Competency: Competent Practitioner Learn strategies and techniques to increase your proficiency and comfort in dealing with financial oversight http://www.nlc.orglconferences_events/leadership _ training_seminarsll 0833 .cfm?TYPE... 9/1812006 "_"_.________"___"_________._.__+__~.__~.,~_._...,._ .".___._______.u____.~__._'_____'m"___.__ ______________~..__.___'" L II Seminars at CoC 2006 Page 5 of7 responsibilities. Gain knowledge of budget management, financial crisis warning signs, the perils of micro- management and establishing an adequate fund balance. Learn strategies and techniques to increase your proficiency and comfort in dealing with your financial oversight role and responsibilities as a local elected city official. Participants will also receive the book "Local Government Dollars & Sense: 225 Financial Tips for Guarding the Public Checkbook." Instructor: Len Wood, President, The Training Shoppe, Rancho Palos Verdes, CA Website: wwwoJrainingshoPpe.com Li5 - Building Public-Private Partnerships 9:00 am - 12:00 Noon Registration Fee: $105 Competency: Catalyst One of the most common questions that a city has when launching a new campaign is "Who's going to pay for it?" Look at a broad outline of various funding models including examples of cities that have successfully used them for their own new initiatives. Learn the specifics of a Corporate Partnership model including who to include in the partnership, how to approach corporate partners, essential organizations, the division of power, troubleshooting and management of the partnership. Explore examples of successful various corporate partnerships. Learn ways in which a unified campaign can help all of the stakeholders save money down the road. Engage in small groups, charged with the task of selecting the funding model most suitable for your city's situation and identifying vital partners with whom to work. Instructor: Don McEachern, CEO, North Star Destination Strategies, Nashville, TN Website: www.northstarideas.com L16 - Making the Case for Affordable Housing: Elements of a Media Relations Campaign 9:00 am - 12:00 Noon Registration Fee: $105 Competency: Communicator Affordable housing is a critical need in our communities. Yet efforts to create and secure this important segment of our housing stock are often limited or delayed by how the media, the general public, and even public officials perceive-or often misperceive-the issues involved. Learn how to build effective coalitions to support favorable housing policies and proposals, analyze studies useful in framing messages to constituents and stakeholders, and discover proven methods for engaging the media in the affordable housing discussion. Affordable housing is not only good for communities, but in fact is critical to its well-being and success. While conducting a media relations campaign might seem a daunting task, you can learn essential guidelines and information needed to create a campaign that will get results. Learn step-by-step directions that will enable you to plan a campaign tailored to both your needs and resources. Discover strategies and essential information that you can use in your media efforts, no matter the size of your city, your staff, your timeframe, or your budget. Instructors: Julie Bornstein, President, The Campaign for Affordable Housing, Los Angeles, CA Bobbie Christensen, Director of Communication Strategies, The Campaign for Affordable Housing, Los Angeles, CA Website: www.tc~h.Qfg Afternoon Seminars VVednesday,Decernber6,2006 L17 - Community Branding: Whose Job Is It? 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Catalyst Learn how to help guide your community to its preferred future through a community branding initiative that marshals the resources of your community to their best use. Understand brand marketing, what it is, and its value and unique application to communities. Learn the skills and steps necessary to make your community unique. Learn from case-studies and explore the development of strategic branding applications for your community. An effective community brand requires a leader who can balance the need to build collaborative partnerships with the need for a strategic message. Instructor: http://www.nlc.org/conferences_events/leadership _ training_seminars/1 0833 .cfm?TYPE... 9/18/2006 L TI Seminars at CoC 2006 Page 60f7 Don McEachern, CEO, North Star Destination Strategies, Nashville, TN -- Website: www.northstarideas.colll LIS - Working with the Media 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Communicator Learn practical tips, tools and strategies for working with the media in a political environment. Strengthen your ability to work with the media and disseminate vital information and policy accurately and effectively. Discover specific methods for improving your interaction with the media while better reaching the public as you study the ten media commandments. Engage in a variety of mock interviews including 'stand-up,' 'ambush,' and 'round table' format. Instructor: Brian Sobel, Principal, Sobel Communications, Petaluma, California Website: www.sQbekommunicatiops.com LI9 - Leading a Great Meeting with Effective Parliamentary Procedure 1:30 pm - 5:00 pm Registration Fee: $105 Competency: Cornerstone Understand the elements ofleading a great meeting! Learn how to handle the basic and essential parliamentary processes to handling motions, amendments, taking votes and handling debate. Engage in the opportunity to exercise judgment in posed difficult situations to craft solutions based on the principles that have governed the democratic process. Discover the tools to be more confident in your ability to engage, as well as lead a great meeting. Learn how to use the tools necessary to create a fair and balanced atmosphere in meetings where members can respectfully disagree, yet function in the best interest ofthe community at large. Instructor: Colette Collier Trohan, CPP-T, PRP, Parliamentarian and Trainer, Silver Spring, MD Website: www.cctrohan.com Leadership Luncheon Wednesday, December 6, 2006 L20 - Leadership Luncheon 12:00 noon - 1:30 pm Registration Fee: $40 Platinum, Gold, Silver and Bronze Certificate level recipients will be recognized. A time to network with colleagues and an opportunity to support your fellow seminar participants' training activities and leadership work. Facilitator: Leslie Burl McLemore, Chair, Leadership Training Council, Councilmember, Jackson, MS Certificate of Achievement in Leadership program... allows local elected officials to organize their professional development around critical skills necessary for effective leadership. The program is built around five core leadership competencies for local elected officials, with each Leadership Training Institute Seminar addressing one of the following competency areas... (1) Cornerstone; (2) Competent Practitioner; (3) Communicator; (4) Collaborator; (5) Catalyst. To obtain more information or enroll in the Certificate of Achievement in Leadership program, contact the Leadership Training Institute hotline at (202) 626-3170 or go to the LTI Certificate of Achievement in Leadership program webpage. . http://www.nlc.org/conferences_eventslleadership_ training_seminars/I 083 3 .cfm?TYPE... 9/18/2006 L TI Seminars at CoC 2006 Page 7 00 National League of Cities 1301 Pennsylvania Avenue NW Suite 550 . Washington, DC 20004 Phone:(202) 626-3000 . Fax:(202) 626-3043 info@nlc.org . www.nlc.org l'rivacy PoliQ)' http://www.nlc.org/conferences_events/leadership_ traininL seminars!1 0833 .cfm?TYPE... 9/18/2006 Iowa City Fire Department "Serving with Pride and Professionalism Since 1872" DATE: September 20, 2006 TO: Stephen J. Atkins, City Manager i Andrew J. Rocca, Fire Chief ~ Badge Pinning Ceremony FROM: RE: ~ Please join us as we recognize the appointment of Firefighter Ben Stammeyer. A badge pinning and oath ceremony will be held on Friday, September 29,2006, at II :00 AM, in Emma J. Harvat Hall. AJRlbdm cc: City Council Marian Karr, City Clerk Sylvia Mejia, Personnel Administrator John Grier, Battalion Chief Larry Kahler, Captain Brian Greer, Lieutenant Ben Stammeyer, Firefighter Stations 1, 2, and 3 FIRE DEPARTMENT. 410 E. Washington Street. Iowa City, fA 52240 Phone: (319) 356-5260 FAX: (3/9) 356-5263 www.icjd.org Office oj the Fire Chief Fire Administration (319) 356-5256 Office of the Fire Marshal Fire Prevention Bureau (319) 356-5257 Battalion Chiefs Station 1 (319) 356-5262 Fire Training Station J (319) 356-5258 HazMaJ Station 2 (319) 356-5266 Public Education Station 3 (319) 356-5265 ~ WM~ 5 te.vc Ifrti,h) I!l.~ -~5.-11t~ ~~II~it:'"I. ~~"IID'l\f___ -._ 1 ~ CiTY OF IOWA CITY ~M' 410 LIst Washington Street low<J City. Iowa 52240.182(, (J 191 J56-5000 IJ 19) J56-5009 FAX I,\lww.icgov.org September 12, 2006 Dear First Avenue Business: You may have heard of Iowa City's efforts to reconstruct the First Avenue/Iowa Interstate Railroad crossing to a grade-separated crossing. This project would elevate the railroad corridor to create a railroad bridge over First Avenue. This project would eliminate congestion when trains block First Avenue, and would allow motorists to use First Avenue without the fear of being blocked by a train. A computer-generated simulation of what the project would look like is attached. The total cost of this project is estimated to be in the range of $6.2 million, and it is likely the project will depend on grant funding from the Iowa Department of Transportation (DOT). The City is working on a grant application to Iowa DOT for this project. We are asking you to consider writing a short letter of support for the project. If you are willing to write a letter of support, please send it to me at the address on this letterhead or by FAX at 356-5217 under my attention, by September 28. This letter is being sent to all businesses on First Avenue between the Iowa Interstate Railroad tracks and Lower Muscatine Road. If you know of anyone interested in this project who may not have received this letter, feel free to share this information. If you have any questions, please contact me at 356-5247 or john-yapp@iowa-city.org_ Sincerely, 1J.(1ty'- John Yapp Assistant Transportation Planner Enclosure Cc: City Manager 'l'l'lil"'81J@l'ItltiOINillanner. jccogtpfllrs/fi rstave-businesses. doc ----..---.------.-----..---...., -~._-------~.~--~_._--"_..__._..,-_.__.,-----~"----_.--.---..-------..----------....-----.--------..- ---. ,'. ~ '...... - .!~"" . -~- ~ !,">' ;.. ._...:z-;:--'.. ~O.J ~~JCC ~~ m e ,...... m o Date: September 27,2006 To: City Council From: Anissa Williams, Traffic Engineering Planner 2006 durable pavement parking project (j)Jf Re: We have completed the 2006 durable pavement marking project. In past years this annual $60,000 project has consisted of two or three arterial street corridors where a private contractor applied durable pavement markings. The durable pavement marking project allows arterial street corridors to receive pavement markings which will last 3-5 years before needing to be replaced. The regular pavement markings placed by City crews last one year or less. When the budget was prepared last winter, you directed us to include all marked crosswalks in Iowa City in the durable pavement marking program. We have prepared a program where one-third of the marked crosswalks are painted each year, ensuring that all marked crosswalks are painted with durable material on a three year rotation. This year's project completed 17 intersections with standard parallel crosswalk markings, and 37 intersections with continental crosswalk markings. This year we completed crossings in the downtown area and near schools because we felt they were the highest priority. Although the annual expense of the program has increased to $185,000, we feel the durable crosswalk markings are a significant safety enhancement for pedestrians and school children in the community. For your information, arterial street corridors which were completed this year with durable pavement markings were Dubuque Street between Park Road and Butler Bridge, and Muscatine Avenue between SCott Boulevard and Wade Street. You will have a resolution on an upcoming City Council meeting agenda to formally accept the 2006 durable pavement marking project. cc: Steve Atkins Jeff Davidson Rick Fosse Ron Knoche Jccogtpfmemoslaw-durablemkg.doc r:n ~ EMMA GOLDMAN CLINIC Women's Health Project 227 N. Dubuque Street Iowa City, Iowa 52245 (319) 337-2112 FAX (319) 337-2754 emmagoldman@avalon.net Mayor Ross Wilburn 410 E. Washington St. Iowa City, IA 52240 September 15,2006 Dear Mayor Wilburn, Please fmd enclosed a payment in lieu of taxes from the Emma Goldman Clinic. Knowing that a significant percentage of the property in Iowa City is tax exempt and the consequences to the General Fund that can come from this circumstance, we enclose a check for $1,595.17. This amount is the actual tax asking for our portion of the City of Iowa City's Fire and Police Departments that would be paid if we were paying property taxes in September of this year. These departments have been especially helpful to Emma Goldman Clinic over this past year as we have had continuing security and safety concerns. Some communities do not enforce laws or provide prompt services at facilities that provide abortion care. The Iowa City Fire and Police Department have been fair and responsive to our calls for professional emergency and law enforcement assistance. Although it is tough times for non-profits, we continue to feel it is our ethical duty to participate in this minimal obligation for our quality city services. In peace, /~~ Karen Kubby Executive Director o S~Q ~ ~ V) r,"', \) ~ co ~ -.!;... .'2] - ::1.S: Cc: Andy Rocca, Fire Chief Sam Hargadine, Police Chief , II, 5'15 /1 ~. d; ;t?t:~l';~ ",_ /1-' 6;;c s,'\ ~ ~ '. (il '-J ~ co _____~.~~..__.__.__~__.._._...__'___________.__n_'.____"__~",,,,_'___'_~"_'______' 1 ~ 1 -_:: -~ ~~W~'t ~~'ST~IIII'~ .........~ ~ City of ~ ~ C~ September 19, 2006 Karen Kubby Emma Goldman Clinic 227 N. Dubuque St. Iowa City, IA 52245 Dear Karen: Thank you for your $1,595.17 payment in lieu of taxes. As you are well aware, cities throughout Iowa are experiencing certain financial distress. When organizations such as yours choose to make payments to us for the services provided, it is helpful to our addressing community financial concern and thereby very much appreciated. On behalf of the City Council and City employees, thank you. Sincerely, Ross Wilburn Mayor cc: City Council 410 EAST WASHINGTON STREET. IOWA CITY, IOWA 52240-1826 . (319) 356_5000 . FAX (319) 356_5009 -,,,-,,".._-~.~~-~~----,------~.__.._-_..-_._--_._.,,.__..--..---.-....-- STATE HISTORICAL ISOCIETY of OWA ~ 'f"' Flit-,J 70^Uf. SFP I 8 :ill II: 49 c. '.I ~- '-' A Division Of The Department of Cultural Affairs (-'1-:'\,''- ~iL.,.' vI! I ',. 100Wt\ "l:::I: _',11\ !CJ\NA September 12, 2006 Honorable Ross Wilburn, Mayor City ofIowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor Wilburn: TIlls is to acknowledge receipt ofIowa City's Certified Local Government Program 2007 Grant Application for the following historic preservation project: Reconnaissance Survey of the South Side Area and an Intensive Survey for the Manville Heights Neighborhood. We are pleased that Iowa City decided to participate in the 2007 Certified Local Government Grant round. The State Nontination Review Comntittee (SNRC) will conduct their review of the 2007 CLG grants during their Friday, October 13, 2006 meeting at the State Historical Building, 600 East Locust Street, in Des Moines in classrooms A&B, 3"' floor West. Theirreview of the 2007 Grant applications will begin at 1:00 pm in the afternoon. The public and 2007 CLG Grant applicants are welcome to attend the meeting. If you need directions, information about parking and a map, please contact me. The SNRC funding recommendations will be sent to the State Historical Society Board of Trustees for their consideration and recommendation during their November 2006 meeting. Ms. Anita Walker, Director of the Department of Cultural Affairs and State Historic Preservation Officer, then considers the funding recommendations and makes the final decisions regarding the award of 2007 CLG grants. I will notify you in the beginning of December whether or not you have been awarded a 2007 CLG grant. On behalf of the State Historic Preservation staff, I want to extend special thanks to Iowa City for its efforts to identify and preserve Iowa's historic properties. Tfyon have questions, need more information, or I can be offurther assistance to your Historic Preservation Commission, please do not hesitate to contact me by mail at the address below, by phone at (515) 281-6826 or by email at paula.mohr@iowa.gov. Sincerely, ~OL~ Paula A. Mohr Interim Local Governments Coordinator Cc: Mr. Sunil Terdalkar, City ofIowa City Ms. Anita Walker, Director Department of Cultural Affairs and State Historic Preservation Officer Mr. Gordon Hendrickson, Executive Director, State Historical Society, Trust Mr. Lowell Soike, Deputy State Historic Preservation Officer 600 EAsT LOCUST STREET DES MOINES) IA 50319-0290 P: (515) 281.-6826, EMAlL: paula.mohr@iowa.gov rnn Iowa City Historic Preservation Commission Attn: Sunil Terdalkar City Hall, 410 East Washington Street Iowa City, IA 52240 September 20, 2006 Re: 923 Iowa Avenue Dear Commissioners: As residents of the "Governor's Square" area, we are writing to express our concern about the structure proposed to replace the demolished apartment building at 923 Iowa A venue. Several of us attended your meeting last Thursday night and our concerns were expressed by one property owner (P. Lutgendorf), but others were unable to attend because of other 'commitments. We would like our views to be taken into account by the Commission when it next meets to consider this proposal. We are seriously concerned about the scale and mass of the proposed apartment building, which considerably exceeds that of the structure it is to replace. This increased size is to enable the property owner to double the number oftenants, and although this last point is not within your purview, we trust that you will understand our further concern about this. The 900 block of Iowa A venue has become dominated by student renters, and the few remaining single family home owners feel increasingly embattled and isolated. We understand the aesthetic and architectural guidelines of Historic Preservation and Conservation to ultimately be in the service of quality of life, and also intended to help stabilize neighborhoods that contain mixed owner-occupied homes and rental properties. We consider the massive building proposed for 923 Iowa to violate the spirit of these principles, and we hope that you will seriously consider the intent of Section 8 of the Guidelines. We urge you not to approve the current proposal, and instead to request a revised design that does not exceed the size of the demolished structure. Thank you for your attention. Sincerely, {'~ /.-vr~ JrJ.~A~K ~ ~ Ph;/'f J.- $"/.<,.." L"'"tJe""J:~-- . 0 / q/l J:ow~ Ave. ~~ '/C;05 #USc41~ ~~ f(,o,&rd CrClOJ::S ''}Wv.. 6.-..~ Cf'j'g E. (.JJe,,/...''',:/1vr:..!{ . o t = [Vl.I<.e- Cu~o ~ J> :::1 ;;.; ~; _<' -Cl -.!__I -__ 1'0_ ---I c.n;-- " 1l1~ q.~ /I1Dj"ne <JoYle~ ~.._< . ity Councilo~ ~~.. ~~~ 14 S. G,owt)orS+-. v 5 s z~ .J> ~ -~ -'i.',- :TI :--, \.~) ill en w J][J September 19, 2006 Mr. Ross Wilburn, Mayor City of Iowa City 410 E. Washington Iowa City, IA 52240 Gary C. Fethke, Interim President University of Iowa 101 Jessup Hall Iowa City, IA 52242-1316 Mr. Gregory L. Geoffroy, Pres. Iowa State University 1750 Beardshear Hall Ames,IA 50013 Gentlemen: I wish to let you know what a pleasant day my sister in law and I had at Joe's Place in Iowa City on Saturday. Our husbands went to the football game. Cindy had to pick up some previously ordered items at a store downtown so we decided we pick them up and find a place to watch the game. Since I had worked at Joe's many years ago, we decided to stop in there. Our entire experience was great. We had a cab driver that was enjoying the excitement of the day and having fun with it in spite of having to wait in traffic. Our servers were polite and kept up with the demands of their many customers. The customers/fans were amazing. The Iowa fans outnumbered the Iowa State fans about ten to one but there was never any sign of poor sportsmanship on anyone's part. The fans at Joe's were, of course, mostly younger people and they were having a great time and even made the two of us feel welcomed. My sister in law and I enjoyed visiting with them and learning about their various majors (metallurgy, music, social work, literature). We had a great afternoon in Iowa City and wanted to let you know what a great bunch of young people we met. You all can be proud of them. Sincerely, o ~o );..-, ,..~" -< '-. ~. -L(....' --, '-. .' .-<,- --. [': r'-...,T-, '-)~ -s;: $: r--o = = "'"' if) ,.,-; -0 N N 11 1- ~r1 r-"1 '_..1 ~\~ ~'i Sharon Moroney f' 655 W. Madison Winthrop, IA 50682 -0 -' .".. W \D ~-_._-_.-._.-._-_.~-_.~._--~_._._,..,-,---------~.._.-._--,..--,.._--- ~""~CnJ Year to Date Totals A B o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Iowa City Police Department Monthly liquor license (OFF PREMISE SALES) Report Au ust2006 Monthly Total A B Year 2006 Business Name AAJAXXX LIQUOR STORE ALDIINC. BIG KAMART-HOLLYWOOD BLVD. CUB FOODS DAN'S SHORT STOP CORP DELlMART-E. BENTON DELI MART-MORMON TREK DELlMART-HWY 1 DELlMART-LWR MUSCATINE DRUGTOWN EL PASO MEXICAN STORE FAREWAY STORES Commerce FAREWAY STORES Westwinds GASBY'S- S. GILBERT GAS BY'S EAST-2303 MUSCAT. GOOSETOWN HANDIMART-DUBUQUE ST. HANDIMART-N. DODGE HANDIMART -W ILLOWCREEK HARTIG DRUG-MORMON TREK HAWKEYE CON ST-COMMERCE HAWKEY CON ST-KIRKWOOD HY-VEE-N. DODGE HY-VEE-S. 1ST AVE HY-VEE GAS HY-VEE-WATERFRONT JOHN'S GROCERY INC KUM & GO-GILBERT/BURL!. KUM & GO-MORMON TREK KUM & GO- S. RIVERSIDE KUM & GO- W. BURLINGTON L&M MIGHTY SHOP INC L1QUOUR HOUSE MINI MART NEW PIONEER COOP NORTH DODGE ESPRESS ON THE GO CONY. STORE INC OS CO DRUG Parth MINI MART- 2153 ACT CR PETRO-N-PROVISIONS SUBURBAN AMOCO SUBURBAN AMOCO-KEOKUK T&M MINI MART TOBACCO OUTLET PLUS-So RIV. Wal reens TOTAL 8 1 2 1 3 2 1 1 1 9 6 2 1 ArresWisit YTD o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Column A is the number of times a license holder is visited specifically checking for underage sales. Solumn B is the number of people charged with possession under the legal age. Note, this is not the total number of chargess. Jann Ream /l7TN.- SJEYC From: Kent Bliven Sent: Tuesday, September 26, 2006 3:27 PM To: Jann Ream Subject: Peninsula Permits I Case Num I BLD02-00764, $ BLD02-00766 : $ BLD02-00769 $ BLD02-00796 $ BLD02-00798 $ BLD02-00829 $ BLD02-00837: $ BLD03-00006 , BLD03-00067 $ BLD03-00069 $ BLD03-00070 , ' $ BLD03-00071 $ BLD03-00072: $ BLD03-00184 $ BLD03-00257 $ BLD03-00344 $ BLD03.00414: $ BLD03-00428: $ BLD03-00546 $ BLD04-00140 $ BLD04-00143 $ BLD04-00145: $ BLD04-00146: $ BLD04-00147, $ BLD04-00148 $ BLD04-00461 $ BLD04-00683' $ BLD05-00087 $ BLD05-00088: $ BLD05-00089' $ BLD06-00192 $ BLD06-00201 $ BLD06-00203 $ TOTAL 9/26/2006 Permit Val I 222,031 ,2011,432, 174,229 199,632 " 150,436 172,110 149,121 195,635 42,180 42,180 42,180 42,180 468,323 165,578 ^^^"""""""HW.."j., 110,000 160,000 185,000 244,000 135,000 135,000 , 135,000 135,000 135,000 782,352 449,159 2,001,362 158,131 158,131 158,131 140,249, 134,111 156,346 $ 7,786,219 Proiect Val I Project Name $222,031 :PENINSULA 9 ~2011}432:F'~t:lINSOL.A,20_ _ $204,229 PENINSULA 19 $199,632 PENINSULA 10 $150,436:PENINSULA 11 $202,110 PENINSULA 21 I' ," $179,121:PENINSULA 12 PENINSULA 10 $246,935,PENINSULA 13 $58,480:PENINSULA 21 $58,480IPENINSULA 20 "",..""",.""_"_,~",,+,n',,,,,w,""'_"""'~'""""",','","'.'" $58,480:PENINSULA 19 $58,480 PENINSULA 10 $588,323 PENINSULA 17 $250,578:PENINSULA 16A " 'W""""""U""""""""'T^"""",.M..,....."""""'UM'''''''''', $195,000:PENINSULA 14 $245,000!PENINSULA 16 $209,000[PENINSULA 17A $344,000 PENINSULA 4 $145,000 PENINSULA 22 , $145,000:PENINSULA 27 . "r'" , $145,000:PENINSULA 23 $145,000:PENINSULA 24 u..,....................."..........,.,., $145,000,PENINSULA26 $976,000 PENINSULA 15 $529, 159'PENINSULA 25 $2, 781 ,362lpENIN~ULA 8 $158,131 PENINSULA 30 $158,131 PENINSULA 29 $158, 131 PENINSULA 28 $163,362:PENINSULA 62 $153,991 ,PENINSULA 60 $183,073:PENINSULA 65 ^",...,1 $9,665,087 rnn ~,uP ~~l~{ rnJ Fiscal Year 2006 Annual Report of Boards, Commissions, and Committees ! ~ 1 -~= -lilt... ~~~~~ ~-';'~~IIII.lIa'i~ .......~ CITY OF IOWA CITY City Manager's Office 356-5010 www.icgov.org TABLE OF CONTENTS STAFF CONTACTS................................................................................................... 3 ADJUSTMENT, BOARD OF.......................................................................................4 AI RPORT COMM ISSION ...........................................................................................6 AIRPORT ZONING BOARD OF ADJUSTMENT ........................................................7 AIRPORT ZONING COMMISSION ............................................................................8 ANIMAL CARE AND ADOPTION CENTER ADVISORY BOARD ..............................9 APPEALS, BOARD OF ............................................................................................10 CIVIL SERVICE COMMISSION ...............................................................................11 HISTORIC PRESERVATION COMMISSION ...........................................................12 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION............................. 14 HUMAN RIGHTS COMMISSION .............................................................................16 LIBRARY TRUSTEES, BOARD OF .........................................................................18 PARKS AND RECREATION COMMISSION............................................................20 PLANNING AND ZONING COMMISSION ...............................................................22 POLICE CITIZENS REVIEW BOARD ......................................................................26 PUBLIC ART ADVISORY COMMITTEE ..................................................................29 REVI EW, BOARD OF.............................................................................................. .30 SENIOR CENTER COMMiSSiON......................................................................... ...31 TELECOMMUNICATIONS COMMiSSiON............................................................... 34 STAFF CONTACTS Adjustment, Board of ......................................................................... Bob Miklo ............................... 356-5240 Airport Commission ........................................................................... Randy Hartwig .......................356-5045 Airport Zoning Board of Adjustment ................................................ Randy Hartwig ....................... 356-5045 Airport Zoning Commission .............................................................. Randy Hartwig ....................... 356-5045 Animal Control Advisory Board ........................................................ Misha Goodman..................... 356-5295 Appeals, Board of ............................................................................... Tim Hennes............................ 356-5122 Civil Service Commission .................................................................. Sylvia Mejia ............................356-5026 Historic Preservation Commission ................................................... Bob Miklo ............................... 356-5240 Housing and Community Development Commission.....................Steve Long............................. 356-5250 Human Rights Commission............................................................... Stefanie Bowers..................... 356-5022 Library Trustees, Board of.................................................................Susan Craig ........................... 356-5200 Parks and Recreation Commission .................................................. Terry Trueblood .....................356-5110 Planning and Zoning Commission ................................................... Bob Miklo ............................... 356-5240 Police Citizens Review Board ........................................................... Kellie Tullle ............................ 356-5043 Public Art Advisory Committee......................................................... Karin Franklin ......................... 356-5232 Review, Board of................................................................................. Dennis Baldridge.................... 356-6066 Senior Center Commission ............................................................... Linda Kopping ........................ 356-5225 Telecommunications Commission ................................................... Drew Shaffer .......................... 356-5046 3 ADJUSTMENT, BOARD OF GENERAL RESPONSIBILITIES The Board of Adjustment is empowered through Chapter 414 of the Code of Iowa and Section 14-4B of the Iowa City Code to grant special exceptions as provided in the Zoning Chapter and to hear appeals to decisions made in the enforcement of the Zoning Chapter. The Board has the authority to allow variances to the Zoning Chapter for individual properties where provisions of the Chapter impose a unique and unnecessary hardship on the property owner and where the granting of a variance is not contrary to the intent of the Zoning Chapter or to the public interest. The Board may also submit recommendations to the Planning and Zoning Commission and the City Council regarding amendments to the Zoning Chapter. The Board is a quasi-judicial body whose decisions may be appealed directiy to District Court. ACCOMPLISHMENTS IN FISCAL YEAR 2006 The Board of Adjustment met 11 times during the FY2006 and made the following decisions: Special Exceptions: 14 approved, 4 denied (1 was later approved under reconsideration); Variances: 1 denied; Appeals: 1 denied. The Board's decisions in FY2006 resulted in: . Allowing a rear yard reduction for an addition to an existing single-family house in the RS-8 zone at 1012 Hudson Avenue. . Allowing the reduction of a front yard to accommodate front yard parking within 50 feet of a residential zone for property iocated in the CC-2 zone at 850 Orchard Street. . Approval of an expansion to an existing cement plant use with the addition of a covered structure at 1854 South Riverside Drive in the 1-1 zone. . Approvai of an expansion of an auto-and-truck-oriented use and reduction of a front yard to allow parking spaces to be located within 50 feet of a residential zone for property located in the CC-2 zone at 1010 Orchard Street. . Approval of a school of generalized instruction and a reduction of the rear setback from 50 feet to 38 feet for property located RS-12 zone at 950 Dover Street. . Allowing expansion of a general education facility and the reconfiguration of the parking lot and play area and for property located in the RS-12 zone at 950 Dover Street, and denial of an additional rear setback reduction. . Approval of a salvage yard for Ace Auto Recyclers on property located in the 12 zone east of South Riverside Drive. . Approval of an expansion of a religious facility to permit installation of a columbarium for property located in the RS-5 zone at 2701 Rochester Avenue. (This special exception was initially denied on a 2- 2 vote but, upon a request for reconsideration before the full Board, approved unanimously by the full Board.) . Allowing a side yard reduction for a second floor addition located within one foot of the property line for property located in the RS-8 zone at 920 E. Davenport St. . Allowing the re-establishment of a vehicle repair use and reduction of a street side setback or property located in CC-2 zone at 708 S. Riverside Drive. . Allowing up to 12,400 square feet of light manufacturing for property located in the CI-1 zone at 2650 Mormon Trek Blvd. . Denial of a special exception to allow off-street parking on a separate lot, which would have permitted additional roomers in the RNC-20 zone at 320-322 S. Johnson St. . Denial of reduction of a front yard from 20 feet to 0 to allow paving of more than 50% of the front yard 601 Walnut/920 Webster. . Denial of an appeal of a decision made by the Building Official determining the requirement for a second front yard on a corner lot in the RS-8 zone for property at 601 Walnut/920 Webster. . Denial of a variance to allow up to 30 roomers for property in the RNC-12 zone at 932 College Street. 4 PLANS FOR FISCAL YEAR 2007 The Board will continue to consider appeals, special exceptions and variances to the Zoning Chapter as they are requested and to make recommendations to the Planning and Zoning Commission and the City Council regarding the Zoning Chapter. BOARD MEMBERS Karen Leigh Carol Alexander Ned Wood Michael Wright Vincent Maruer (term ended December 31,2005) Michelle Shelangouski (term began January 1, 2006) 5 AIRPORT COMMISSION GENERAL RESPONSIBILITIES The Iowa City Municipal Airport Commission is a five-member commission responsible for formulating policy and directing administration of the Iowa City Municipal Airport as a public facility in accordance with local, Iowa Department of Transportation and Federal Aviation Administration regulations. The Commission was established by public referendum under Iowa Code in 1941. The Commissioners are appointed by the Mayor and approved by the City Council, with a six (6) year term of office. The Airport Commission meets monthly, with additional meetings as necessary. ACTIONS AND ACCOMPLISHMENTS IN 2006 . Continued progress on Runway 7/25 project . Continued Implementation of Strategic Plan . Hired Operations Specialist to assist with daily management duties and oversight of operations . Increased coordination with City Departments . Hosted Sertoma Flight breakfast and Eastern Iowa Big Kids Toy Show events . Installed Concrete Floors in Hangar Buildings B & C . Relocated Automated Surface Observation System (ASOS) weather equipm.ent . Closed Runway 18/36 . Hosted National, State, and Local legislatures on visits to the Airport Facilities . Increased Local Businesses operating on the airport with agreement with Hertz Corporation to provide on site car rental facilities GOALS FOR FISCAL YEAR 2007 . Continue implementation of the Strategic Plan; . Continue progress on Runway 7/25 project . Install concrete floors and new entrance doors in Hangar A . Rehab taxiways on North Hangar area . Rehab west ramp surface . Phase 1 of South Corporate Taxilane rehabilitation . Update security fencing to include Airport Viewing Area . Continue marketing of Aviation Commerce Park . Identify future Airport needs and land uses for Aviation Commerce Park South . Continue positive relationship with City Council and City departments 6 AIRPORT ZONING BOARD OF ADJUSTMENT GENERAL RESPONSIBILITIES In accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co-established the Johnson County-Iowa City Airport Zoning Board of Adjustment. It is the duty of this Board to hear and decide appeals where it is alleged that there has been an error in any administrative action in the enforcement of the ordinance, and to hear and decide on special exceptions that are specifically provided for in the ordinance and to authorize variances from the terms of the ordinance on appeal in specific cases. ACTIONS AND ACCOMPLISHMENTS IN 2006 The Board did not receive any appeals requests for exceptions or requests for variances during the past year. GOALS FOR 2007 The Board will respond to appeals and other requests as it receives them and will make recommendations regarding the Zoning Ordinance. 7 AIRPORT ZONING COMMISSION GENERAL RESPONSIBILITIES In accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co-established the Johnson County-Iowa City Airport Zoning Commission. It is the duty of the Commission to advise and make recommendations to the Board of Supervisors and the City Council as to the appropriate zoning requirements and other matters pertaining to the physical development of areas of the county and the city surrounding the Iowa City Municipal Airport, so as to maximize compatibility between airport uses and the uses of the adjacent land. ACTIONS AND ACCOMPLISHMENTS IN 2006 The Commission did not meet in the past year. GOALS FOR 2007 The Commission will review zoning requests that may impact the Iowa City Municipal Airport. 8 ANIMAL CARE AND ADOPTION CENTER ADVISORY BOARD Iowa City was contacted by the City of Coralville in late 2005 with a request to renegotiate the 28E agreement between the two cities with relation to the Animal Center and services provided by Iowa City to Coralville for animal care. In January of 2006 negotiations began between the two cities and at that time the last Advisory Board meeting was held. Members were informed of the negotiations and as of February 2006 the Advisory Board was disbanded. A new contract with Coralville was signed and initiated on July 1, 2006. The new contract calls for an Animal Care Task Force committee instead of an advisory board. Applications are being prepared at this time and openings will be listed this month. 9 APPEALS, BOARD OF GENERAL RESPONSIBILITIES The responsibility of the Board of Appeals as set by City ordinance is to review the Building Code, the Fire Code, the Plumbing Code, the Mechanical Code, and the National Electrical Code and recommend amendments for these regulatory codes; to assist the building official in making interpretations; to hear appeals for any person that is aggrieved by a decision of the building official and pass judgment on that appeal; and to consider alternate materials and methods of construction. The Board consists of seven citizens who live within the corporate limits of the City of Iowa City. ACCOMPLISHMENTS IN FISCAL YEAR 2006 . The Board heard one appeal of the building inspector's interpretation of the Building Code; the building inspector's interpretation was upheld. . The Board held a meeting to address the concerns of code update classes required for license plumbers at each new code cycle. PLANS FOR FISCAL YEAR 2007 . Continue to work with the Home Builders Association to clarify code issues. . Continue to hear appeals, requests for variances and modification, requests for alternate materiais and methods of construction and requests for code amendments. . Review and prepare for adoption of the iatest editiOn of the building, plumbing, eiectrical, mechanical and fire codes. . Work with the Home Builders Association to review the need for licensing of HVAC contractors. 10 CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Code of Iowa and Section 2-111, Code of Ordinances, establish and govern the Civil Service Commission. Three citizens who are eligible electors and residents of the city are appointed by the City Council to serve four-year terms. The Commission establishes and publishes ruies reiating to examinations for civil service positions, establishes guideiines for conducting such examinations, and certifies lists of persons eligible for appointment to positions. The Commission has jurisdiction to hear appeals and determine all matters involving the rights of employees under civil service law and may affirm, modify or reverse any administrative action on its merits. The Commission meets when necessary. ACCOMPLISHMENTS IN FISCAL YEAR 2006 + In maintaining full compliance with Code of Iowa Chapter 400, development and use of Civil Services selection procedures continued for all covered and promotion positions on a City-wide basis. 57 positions were filled from a totai of 1,676 applicants for non-Poiice and non-Fire Civil Service covered positions. + A certified iist of 14 names was approved by the Civil Service Commission for the position of Police Officer. 562 applications were mailed to individuals who expressed interest in the position prior to the beginning of the recruitment period. In addition, applications were mailed to all individuals who called requesting an application following newspaper advertising and appiications were provided to all appiicants who came to the Personnel office. 122 applications were submitted to Personnel. 70 appiicants participated in the written test, 53 applicants participated in the physical agility test and 38 applicants were interviewed. + The recruitment process for the position of Poiice Chief began in FY05 and continued into FY06. The Civil Service Commission approved the certified list for the position of Police Chief on July 26, 2006. The Chief was appointed effective August 29, 2006. PLANS FOR FISCAL YEAR 2007 During FY07 the Civil Service Commission will oversee an entry level test for the position of Firefighter. In addition, Commissioners will oversee the promotional process for Fire Lieutenant, Fire Captain, Fire Battalion Chief and Deputy Fire Chief. If new lists are needed, Commissioners will oversee the promotional process for one or more of the following positions: Police Captain, Police Lieutenant and Police Sergeant and the entry test for Police Officer. mgr/reports/csc.doc 11 HISTORIC PRESERVATION COMMISSION GENERAL RESPONSIBILITIES The ten-member Iowa City Historic Preservation Commission is authorized to conduct studies for the identification and designation of local historic districts, conservation districts and historic landmarks. The Commission either proceeds on its own initiative or upon receipt of a petition from any person, group or association. The Commission furthers the efforts of historic preservation in the City by making recommendations to the City Council and City commissions and boards on preservation issues by encouraging the protection and enhancement of structures, objects, or sites with historical, architecturai or cultural value; and by encouraging persons and organizations to become involved in preservation activities. The Commission reviews applications for housing rehabilitation and rentai rehabilitation assistance through the Community Development Block Grant Program to evaluate the effects of the proposed projects on properties over 50 years in age. Modifications of activities are recommended in instances where the proposed alterations would have a negative impact upon the historic or architectural qualities of structures that are determined to be eligible for the National Register of Historic Places. The Iowa City Historic Preservation Commission is committed to working with other preservation organizations to implement a strong educational program designed to increase Iowa City residents' awareness and sensitivity to the cultural, architectural, and historical value of local structures, neighborhoods and districts. ACCOMPLISHMENTS IN FISCAL YEAR 2006 ~ Heid 11 regular and 9 special meetings. o The Design Review Subcommittee met on seven occasions to review the applications and provide recommendations to the Commission ~ Tornado Recovery Efforts o Organized a workshop to inform property owners about the recovery process o Conducted special meetings as needed to provide expedited review of applications o Applied and received grant from the National Trust for Historic Preservation with a match from the Friends of Historic Preservation to assist repair of damaged historic properties o Commission members participated in the efforts to establish a $250,000 HRDP Emergency Grant to assist repair of damaged historic properties ~ Historic Preservation Plan The Commission is in the process of updating the 1992 Historic Preservation Plan. The Commission received HRDP/REAP Grant from the State Historical Society of Iowa for this project and hired two historic preservation planning consultants-Svendsen Tyler, Inc. and Clarion Associates. Work began in February 2006 and the consultants are now working to prepare a draft Plan for the Commission. The Commission organized four neighborhood meetings to gather public input and helped the consultants to organize several individual interviews with the property owners, area business owners, representatives of various area organizations, and members of the general public. ~ Pursuant to the Historic Preservation Ordinance, the Commission reviewed 109 applications for projects on historic landmarks and properties located in a conservation or historic district. 24 applications for additions were approved. 52 applications for alterations were approved. 12 4 applications for demolitions were approved. 3 applications were denied. 26 applications for repair/restoration projects that did not significantly change the exterior appearance of the structure were approved 1 application for a local historic landmark designation was approved PLANS FOR FISCAL YEAR 2007: Due to the tornado, many of the objectives for the next fiscal year remain. Work has already begun on several of these items. ~ Continue work on the Preservation Plan Update o Adopt the plan and begin work on the achieving the goals and objectives of the plan ~ Pursue the establishment of local financial incentives for historic preservation. o Establish local tax abatement program for the improvement and rehabilitation of historic properties. o Establish a revolving loan fund for historic preservation. o Promote use of existing funding programs such as TARP and State of Iowa Historical Property Tax Exemption Program. o Partner with private organizations, such as Friends of Historic Preservation and local banks, to establish a grant program. o Establish conservation easement program to reduce property taxes for historic buildings. ~ Participate in the Central District planning process. ~ Work with the City and downtown property owners to encourage fayade improvements through the use of the Central Business District Urban Revitalization Plan. ~ Publication of historic neighborhood brochures. ~ Create a more comprehensive and user-friendly historic preservation website. ~ Continue to advise City Council, and other boards and commissions regarding matters of historic preservation policy. ~ Continue liaison and cooperation with the Iowa City City Council, Johnson County Board of Supervisors, Iowa City/Coralville Convention and Visitors Bureau, John County Historical, Society, Johnson County Historic Preservation Commission, State Historical Society of Iowa, and Friends of Historic Preservation. 13 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION GENERAL RESPONSIBILITIES The Housing and Community Development Commission (HCDC) consists of nine Iowa City residents appointed by the City Council. They represent, as nearly as possible, a cross-section of the Iowa City population in background, ideas, geographic location, age and socioeconomic status. Committee members serve for three years. The purpose of HCDC is to advise the Council on community needs in general and on the use of Community Development Block Grant (CDBG) and HOME Investment Partnership program (HOME) funds from a citizen viewpoint. To accomplish this HCDC provides systematic communication between citizens and policymakers with regard to community development projects. The Commission's work has been primarily directed at developing, coordinating, and reviewing the City's activities carried out in conjunction with the City's Consolidated Plan (CITY STEPS). In addition, the Commission reviews the Community Development Division and Iowa City Housing Authority policies and periodically makes recommendations to the Council regarding these policies. ACCOMPLISHMENTS IN FISCAL YEAR 2006 . In FY06 the City of Iowa City and its subrecipients expended $1,183,491 in CDBG funds and $855,111 in HOME funds to assist low-moderate income persons. To ensure that community needs are met, HCDC members monitored projects throughout the year. HCDC members also organized the annual Iowa City Community Development Celebration that featured an awards ceremony honoring outstanding CDBG and HOME recipients and volunteer contributions. The 2006 Celebration was held at Grant Wood Elementary. The FY06 project accomplishments are as follows: . Economic Development Fund - Loparex Inc. (underway) . Micro-Enterprise Property Acquisition - Extend the Dream Foundation (17 persons) . Operational Support - Aid to Human Service Agencies (5,835 people) . Emergency Assistance - Shelter House (10 households) . Facility Rehabilitation - Goodwill Industries, Inc. (94 people) . Facility Accessibiiity - Emma Goldman Ciinic (5,230) . Facility Rehabilitation/Historic Preservation - Old Brick . Safety Improvements - Wesley Foundation for the Free Lunch Program (525 people) . Facility Rehabilitation - Wesley Foundation for the Free Lunch Program (525 people) . Facility Rehabilitation - Domestic Violence Intervention Program (1,713 persons) . Facility Rehabilitation - Neighborhood Centers of Johnson County (1 ,778 persons) . Accessibility Improvements - Hillel Student Center (underway) . Facility Rehabilitation - Planned Parenthood (underway) . Facility Rehabilitation - FY05 United Action for Youth (underway) . New Construction - FY05 Wood Family Resource Center (completed) . Housing Rehabilitation - City of Iowa City (38 households) . Affordable Home Ownership - Habitat for Humanity purchased two lots . Affordable Home Ownership - The Housing Fellowship purchased one lot . Transitional Housing - Hawkeye Area Community Action Program purchased three units . Affordable Rental Units - Extend the Dream Foundation purchased three units . Tenant Based Rent Assistance - Iowa City Housing Authority (29 elderly/disabled households) . Affordable Rental Units - River City Housing Collective (Applicant Withdrew) . Administration - CDBG & HOME 14 PLANS FOR FISCAL YEAR 2007 A total of $1,488,062 was allocated to 16 projects, plus program administration for FY07. The following is a list of the FY07 projects: . Economic Development Fund - City of Iowa City . Facility Rehabilitation - Arc of Johnson County . Facility Rehabilitation - Community Mental Health Center . Facility Rehabilitation - Domestic Violence Intervention Program . New Construction - Four Oaks . Piayground Improvements - Grant Wood Elementary . Facility Rehabilitation - MECCA . Case Management - Iowa City Free Medical Clinic . Outreach Coordinator - Shelter House . Operational Funding - Compeer . Operational Funding - Extend the Dream Foundation . Operational Funding - Visiting Nurse Association . Aid to Human Service Agencies - MECCA, UAY, ESI . Affordable Homeownership -Habitat for Humanity . Tenant Based Rent Assistance - Iowa City Housing Authority . Housing Rehabilitation - City of Iowa City . Program Administration & Planning The monitoring of all ongoing projects as well as FY07 projects will continue. The commission will continue to assess Iowa City's community development needs for housing, jobs, and services for low and moderate income residents, and to promote public and private efforts to meet such needs. COMMISSION MEMBERS Jerry Anthony, Chair Brian Richman, Vice Chair Steve Crane Marcy DeFrance Holly Jane Hart Matt Hayek Kelly Mellecker Tom Niblock Michael Shaw 15 HUMAN RIGHTS COMMISSION GENERAL RESPONSIBILITIES The Iowa City Human Rights Commission (HRC) was created in August 1963 as the Iowa City Human Relations Commission. The HRC is made up of nine residents of Iowa City appointed by the City Council. The Commissioners, all committed to civil rights, reflect a broad cross section of the community, thus ensuring diversity of ideas and interests. In the appointment process consideration is given to men and women of various raciai, religious, cultural, social and economic groups within the City. Commissioners serve for a three year term. ACTIVITES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2006 Meetings The Commission holds monthly meetings in the Lobby Conference Room at City Hall on the fourth Tuesday of the month at 7:00 p.m. Speciai meetings are held as needed. SPONSORSHIP, CO-SPONSORSHIP & PARTICIPATION in COMMUNITY EVENTS Making Our Schools Safe for GLBT Students held at the Cedar Rapids Public Library Race, Privilege and Cultural Competence Conference One Book, One Community-Johnson County Reads-When the Emperor was Devine (2005). Hate Action Rapid Response Team Community Outreach at Iowa Memorial Union Screening of Lost Boys of Sudan 2005 Diversity Conference held in Ames, Iowa 2005 Building Blocks to Employment University of Iowa Cultural Diversity Festival Harassment Training One Book, One Community-Johnson County Reads-The Tortilla Curtain (2006) Iowa Law: Project Katrina 2006 Building Blocks to Employment Voices of Women in Agriculture Rev. Rosalyn Satchel, Choice Dinner 2006 Careers for Change Series at the University of Iowa Center for Human Rights Governor's Conference on LGBT Youth at Drake University Julian Bond, Civil Rights, Voting Rights: Now and Then A Fundraiser for Internationai Women's Month Iowa City Pride Celebration at College Green Park Phillip G. Hubbard Law School Preparation Program and Welcome Lunch National Black HIV/AIDS Awareness Day Work Session: Focusing on Diversity in the Corridor at the African-American Museum and Cultural Center COMPLAINT ACTIVITY During the period of July 1, 2005 to June 30, 2006, forty-four cases were handled by the human rights staff. Charge 0111 0206 0404 0322 0405 0409 0415 Area/Basis Employment/Housing/Sex Employment/Sex Employment/Sex Employment/Race Employment/Sex Employment/Race/Color Public Accommodation/Race Status No Probable Cause No Probable Cause Right to Sue Probable Cause No probable Case Administrative Ciosure No Probable Cause 16 0417 0418 0421 0427 0429 0503 0504 0508 0514 0515 0516 0517 0518 0519 0520 0521 0522 0523 0523A 0524 0525 0526 0527 0528 0529 0530 0531 0532 0533 0534 0601 0602 0603 0604 0605 0606 0608 Employment/Race Public Accommodation/Race Employment/Race/National Origin Employment/Race/Sex Employment/Sexual Orientation Employment/Sex Employment/Age/Sex Public Accommodation/Race Housing/Public Source of Income Housing/Public Source of Income Housing/Public Source of Income Employment/Race Employment/Race Employment/Race/Sexual Orientation Housing/Public Source of Income/Disability Employment/Age/Disability Employment/Sex Employment/Retaliation Employment/Retaliation Employment/Sex Employment/Race/Sex/Retaliation Public Accommodation/Gender Identity Em ployment/Sex/Retal iation/D isabil ity Employment/Disability Employment/Age Public Accommodation/Race Employment/Marital Status/Sex/Retaliation/ Sexual Orientation Employment/Disability Employment/Race Public Accommodation/Race/Color/National Origin Employment/Religion Public Accommodation/Sexual Orientation Public Accommodation/Sexuai Orientation Education/D isability/Retaliation Employment/Race Employment/Marital Status/Sex Employment/Sexual Orientation/Disability No Probable Cause No Probable Cause No Probable Cause No Probable Cause No Probable Cause Right to Sue No Probable Cause Under Review Mediated No Probable Cause No Probable Cause Administrative Closure No Probable Cause No Probable Cause Mediated Mediated No Probable Cause Under Investigation Under Investigation Under Investigation Under Investigation Complainant Withdrew Mediated Under Investigation No Probable Cause Investigation Completed Under Investigation Under Investigation Under Investigation No Probable Cause Pending Administrative Closure Administrative Closure Transferred to State Under Investigation Mediating Under Investigation COMMISSIONERS Lisa Beckmann, Chairperson Bev Witwer, Vice Chairperson Sara Baird Sehee Foss Kate Karacay Scott King Martha Lubaroff Paul Retish Geoff Wilming Iowa City Human Rights Commission Annuai Report FY 2006 (Approved August 22, 2006) 17 LIBRARY TRUSTEES, BOARD OF GENERAL RESPONSIBILITIES The Board of Trustees of the Public Library is a semi-autonomous body of nine persons empowered by state law and city ordinance to act as the governing body of the library. The Board's specific list of legal responsibilities includes: . determining the goals and objectives of the Library in order to plan and carry out library services . determining and adopting written policies to govern all aspects of the operation of the Library . preparing an annual budget and having exclusive controi of all monies appropriated by the City Council and the Johnson County Board of Supervisors or given to the library through gifts, bequests, contracts, grants or awards . employing a competent staff to administer its policies and carry out its programs The Board is also an arm of City Government with members appointed by the City Council and its principal operating funds approved by the City Council. The Board therefore seeks at ail times to work in harmony with City policies in all areas that do not conflict with its statutory powers. ACCOMPLISHMENTS IN FISCAL YEAR 2006 1. Signed a contract to provide library service to Hills, and jointly with Coralville Public Library, to serve University Heights. 2. Leased commercial space. 3. Increased funding for park 'n read, ride 'n read reimbursement. Improved local ordinance that reguiates parking in front of the library. 4. Submitted a FY07 budget based on initiatives of the new strategic plan. Council approved expansion of hours to begin in May. 5. Worked with City to extend wireless internet access to City Plaza. Wireless access use grew 262% to 36,697. 6. Welcomed and oriented three new Board members. 7. Showed 100% Board support for Foundation Annual Fund. 8. Supported the Library Director as President of the Iowa Library Association. 9. Established a committee to develop a public relations plan. 10. Reviewed the foilowing policies: 102 Policy Making and Policy Review 103 Membership in Professional Organizations 505 Volunteers 701 Public Relations 704 Use of Cardholder File 801 Circulation 802 Confidentiality of Library Records 803 Bulletin Boards 804 Public Pamphlet Distribution 805 Displays 810 Discussion Rooms 18 812 Hours of Service GOALS FOR FISCAL YEAR 2007 1. Complete lease of commercial space. 2. Support initiatives of the strategic plan. 3. Adopt a public relations plan. 4. Evaluate hours expansion. 5. Continue to support partnerships in programming such as those with Summer of the Arts, Irving Weber Days, and Hancher Auditorium. 6. Monitor parking situation and make improvements if possible. 7. Improve opportunities for Board and staff interaction. 8. Work with Friends Foundation to revise Articles of Incorporation and Bylaws, improve attendance at Friends Foundation events, and show 100% Board support of the Annual Fund. 9. Improve attendance by Board at Friends and other Library events. 10. Support the Library Director as she completes her term as President of the Iowa Library Association. 11. Review library polices as needed. BOARD MEMBERS David VanDusseldorp, President Thomas Dean William Korf Thomas Martin Linzee McCray Meredith Rich-Chappell Pat Schnack Leon Spies Tom Suter 19 _^_______,...___.._.,___.~__"...._.._._,__.__~.__"~______.,__.__,_,_~__.....__._~_._._________'_'_.______~.~_~.___.___n.____..'_ PARKS AND RECREATION COMMISSION GENERAL RESPONSIBILITIES The Parks and Recreation Commission recommends and reviews policies, rules, regulations, ordinances and budgets reiating to parks, playgrounds, recreation centers and cultural functions of the City, and makes such reports to the City Council as the Commission deems in the public interest. The Commission also exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. ACCOMPLISHMENTS IN FISCAL YEAR 2006 Received copies of regular monthly reports from the Parks, Forestry, CBD, Recreation and Cemetery Divisions, providing the Commission with valuable insight into the daily operation of each division. Received monthly reports from the Director on the progress of all-ongoing projects, construction, etc. Conducted annual tour of parks and facilities. Recommended to City Council approval of Recreation Division Fees and Charges proposed for FY07 and tentative proposais for FY08-00. Reviewed and prioritized the department's proposed Capitai Improvement Projects for FY2007-2010. Reviewed the department's proposed FY07 operating budget requests. Continued efforts to acquire additional personnel to maintain and develop parkland, traiis and open spaces. Dealt with a number of open space issues as follows: accepted fees in iieu of land from the Cardinal Ridge subdivision; encouraged the developer for the Windsor West Subdivision to set aside a PUblic corridor that connects to Scott Park or pay fees in lieu of land: accepted developers offer of additional lots to be contiguous with Outlot A for park use in the Country Ciub Estates subdivision; accepted land adjacent to City-owned land reserved for a water tank for the Country Club Estates subdivision; accepted land in lieu of fees in the Country Club Estates subdivision; accepted land in lieu of fees in Lacy's Run subdivision, accepted land in iieu of fees in the Elk Run subdivision, accepted fees in lieu of land in the Schnoebelen subdivision; accepted a combination of Outlot A and fees in lieu of land for the remaining 2,367 square feet of the Hollywood Manor Part 9 subdivision. Projects completed in FY06 include: The Angei of Hope Statue was placed in Lower City Park; completed rebuilding of the City Park clUbhouse/press box; completed the Thornberry Off-Leash Dog Park; completed Phase I of the "Missing Link Trail'; in cooperation with the Iowa City School District compieted the construction of the gymnasium at Grant Wood School; installed new playground equipment in Happy Hollow and Oak Grove Parks; completed the Brookland Park master pian; completed a management plan for the Sand Hill prairie area. At the suggestion of the City Attorney, developed a Memorial Donation Policy. 20 Supported several PIN Grant proposals: Oak Grove park upgrade; Washington Hills playground equipment phase II; College Green movie night; Brookland Park renovation celebration; Grant Wood Playground. Supported the suggestion of the Weeber-Harlocke Neighborhood Association to name the parcel located adjacent to Harlocke Street and south of Benton Street the "Harlocke Hill Park." Proceeded with the preliminary design and began construction of a disc golf course in the Peninsula Park. Accepted the Dane family's proposal to dedicate 17 acres of their land as parkland with deep appreciation on behalf of the Parks and Recreation Commission to the Dane family for their generosity. Accepted the JCDogPAC Board of Directors recommendation to name the Iowa City dog park site the "Thornberry Off-Leash Dog Park." Also accepted the recommendation of DogPAC's fee structure with 90% of the fees collected, at least for the first year of operation, going to DogPAC. Accepted the proposed names of the sections of the Thornberry Off-Leash Dog Park as follows: Lucky Pawz Playground for the large section and Emma's Run Agility and Training Area for the agility and training section. Approved the concept of further expioration to cooperate with the University of Iowa to establish a boathouse on Iowa City parkland, most likely Terrell Mill Park. Supported the Sand Lake Recreation Area Concept 2 - a recreation based development. PLANS FOR FISCAL YEAR 2007 Continue construction/completion of the Peninsula Park disc golf course. Continue efforts to complete master plan for Parks and Recreation. Expand trail system and build a fishing pier at Waterworks Prairie Park. Continue to pursue acquisition of S&G Materials property south of Napoleon Park. Complete phases one and two of upgrades to the Mercer Park baseball and softball diamonds. Construct new restrooms and a lighted sidewalk to accommodate the Riverside Festival Stage. Initiate components of the plan for the Sand Hill prairie area. Continue interaction with City Council. Continue efforts to increase full-time staff in the Parks, Forestry and CBD Division. Continue efforts to improve the Commission's contact with the public. Continue and enhance activities of the Parks and Recreation Foundation. Continue commitment to and development of trail systems. Determine improvements that can be made to parks with small amounts of money. Continue efforts to strengthen relationships with the School District and Neighborhood Associations. Continue working relationship with Friends of Hickory Hill Park and other groups to improve park facilities. COMMISSION MEMBERS Craig Gustaveson, Chairperson Margaret Loomer, Vice-Chairperson Judith Klink Ryan O'Leary Matt Pacha Jerry Raaz Philip Reisetter John Watson John Westefeld 21 PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES Act as the Zoning Commission of the City. Direct surveys and studies to be conducted and maps, plans, or plats to be made compliant with the City's Comprehensive Plan and zoning reguiations. Recommend amendments and supplements to the City Council for the Comprehensive Pian, Zoning Chapter and Subdivision Regulations. Make recommendations to the City Council on development proposals, such as planned developments, subdivisions, street vacations and annexations. ACCOMPLISHMENTS IN FISCAL YEAR 2006 During FY05 the Pianning and Zoning Commission held 20 formal meetings and voted to adopt the new Zoning Code. During the period of July 1, 2005, to June 30, 2006, the Commission made the following recommendations to the City Council: Rezonings: 26 Recommendations for Approval and 1 Recommendation for Denial Case Number Date REZ03-00019 07/04/05 REZ05-00003 07/04/05 REZ05-00005 04/20/06 REZ05-00008 07/04/05 REZ05-00009 07/04/05 REZ05-00010 08/18/05 REZ05-00011 08/18/05 REZ05-00012 10/20/05 Case Summary rezoning an approximateiy 92-acre, 93-lot residential subdivision located west of Kennedy Parkway from ID-RS to SAO-5 rezoning property located between N Dodge Street and Dodge Street Court from CI- 1 and RS-8 to CC-2 rezoning 11 .36-acres located east of S Riverside Drive from 1-1 to 1-2 Recycling) (Ace Auto rezoning a 29-lot, 10.41-acre residential subdivision located on Galway Drive from ID-R5 to RS-5 rezoning property located west of Heinz Road from RFBH to PDH-12 rezoning property located on Longfellow Place from RS-8 to OPDH-8 rezoning property located on Dodge Street Court from RS-8 to RS-12 rezoning submitted by City of Iowa City to rezone properties on Catskill Court from RS-8 to OPDH-8 REZ05-000 13 08/18/05 rezoning property located south and east of Whispering Meadows Drive from RS-8 to RS-12 REZ05-00014 08/18/05 rezoning property south of Jefferson Street and east of Gilbert Street from CB-2 to CB-5, MU, RM-44, and P REZ05-00015 09/01/05 rezoning property south of Davenport Street and north of Jefferson Street from CB-2 to CB-5, CN-1, and MU REZ05-00016 08/18/05 rezoning property south of Burlington Street and west of Linn Street from CB-2to CB-5, and PRM 22 REZ05-00017 08/18/05 rezoning property located at 1705 Prairie Du Chien Road, Saddlebrook, Bon-Aire, Hilltop, Baculis, Forrest View, and Thatcher Mobile Home Parks from RFBH to OPDH-12 REZ05-00020 11/17/05 rezoning a 24-lot, 1 0.41-acre residential subdivision on Galway Drive from RS-5 to OSAlRS-5 REZ05-00022 06/01/06 rezoning 10.28 acres of property located along S Gilbert Street south of Highway 6, from CI-1 to CC-2 REZ05-00023 01/19/06 rezoning 9.72 acres of property located west of Foster Road from ID-RS to OPD-5 REZ05-00024 01/05/06 rezoning 1.02 acres of property located at 3405 Rochester Avenue from RS-5 to CC- 2 REZ06-00002 02/16/06 amendment to a CZA for property located at 809-817 Highway 1 W removing certain requirements for parking and display REZ06-00003 03/02/06 rezoning 1.51 acres or property located on Kountry Lane SE from ID-RM to RM-12 REZ06-00004 03/02/06 rezoning 1 acre iocated at Dubuque Road and N Dodge Street from RS-5 to OPD-5 REZ06-00005 03/02/06 rezoning 1.8 acres iocated at 1803.1835 Boyrum Street from CI-1 to CC-2 REZ06-00008 04/20/06 rezoning of publicly owned properties to P-1, the Iowa National Guard Armory and University owned properties to P-2, and Old Capital Mall to P-2/CB-10 REZ06-00012 05/18/06 denial of a rezoning for 6,750 square feet of property located at 619 Kirkwood Avenue from RS-5 to CO-1 REZ06-00013 06/01/06 rezoning 20.78 acres of property located on Lower West Branch Road, west of Taft Avenue from ID-RS to RS-5 REZ06-00014 06/15/06 rezoning 1.39 acres of property located at 1820 Boyrum Street from CI-1 to CC-2 Subdivisions: 7 Recommendations for Preliminary Plat Approval SUB05-00011 07/21/05 Resubdivision of North Airport Development, a 40.79-acre, 11-lot commercial subdivision located north of the Iowa City Airport along Rupert Rd SUB05-00019 03/02/06 Silvercrest Part 3, development of 116 multi-family units on 12.17 acres located at American Legion Road and Scott Boulevard SUB05-00020 12/15/05 Lacy's Run Addition, 2-lot, 17.94-acre residential subdivision on Conklin Lane SUB05-00028 11/17/05 Windsor West, a 96-lot, 51.90-acre residential subdivision located at 4670 American Legion Road SE SUB05-00031 12/15/05 Kennedy's Waterfront Addition Part Four, a 4.91-acre, 5-lot commercial subdivision on Southgate Avenue SUB06-00004 04/06/06 Hoyle's 1" Addition, a 4-lot, 2.61-acre residential subdivision located east of Hummingbird Lane SUB06-00005 05/18/06 Hollywood Manor Part 9, a 12-lot, 4.84-acre residential subdivision west of Russel Drive and south of Burns Avenue Subdivisions: 13 Recommendations for Final Plat Approval 23 SUB05-00006 10/06/05 Windsor Ridge Part 21, a 2-lot, 10.66 residential subdivision located at E Court Street and Taft Avenue SUB05-00009 07/04/05 MWD Davis Addition, a 14-lot, 50.04-acre commercial subdivision located north of Highway 1, west of Highway 218 SUB05-00016 07/21/05 Olde Town Village, a 49-lot, 33.3-acre residential subdivision located south of Rochester Avenue and east of Scott Boulevard SUB05-00017 08/04/05 Brookwood Pointe First Addition, a 23-lot, 29.26-acre located on S Sycamore Street SUB05-00018 09/15/05 Cardinal Ridge Part One, a 50-lot, 35.42-acre residential subdivision on Kennedy Parkway SUB05-00021 06/01/06 Aviation Commerce Park North Part II, an 11-lot, 57.13-acre commercial subdivision located north of the Iowa City Airport along Rupert Road SUB05-00022 09/15/05 Cardinal Ridge Part Two, a 23-lot, 29.56-acre residential subdivision and Cardinal Ridge Part Three, a 19-1ot, 27.89-acre residential subdivision on Kennedy Parkway extended . SUB05-00024 10/06/05 Village Green Part XXIII, a 38-lot, 19.32-acre residential subdivision on Wintergreen SUB05-00025 10/06/05 Village Green Part XXIV, a 38-lot, 6.36-acre residential subdivision on Sterling Drive SUB05-00027 01/05/06 JJR Davis Fourth Addition, a 4-lot, 6.68-acre commercial subdivision SUB05-00032 02/02/06 Galway Hills Subdivision Part IV, a 24-lot, 10.41-acre residential subdivision south of Melrose Avenue and east of Highway 218 SUB06-00001 02/02/06 Parrott Estate Addition, a 2-lot, 17.94-acre residential subdivision located on Conklin Lane SUB06-00002 03/02/06 Windsor West Subdivision Part One, a 37-lot, 26.04-acre residential subdivision located on American Legion Road Vacations: 5 Recommendations for Approval VAC05-00006 07/21/05 Vacation of alleys in Peninsula Neighborhood First Addition VAC05-00007 09/15/05 Vacation of Madison Street, south of Prentiss Street, and Des Moines Street VAC06-00001 04/06/06 Vacation of Alley of Block 27, north of Benton Street between Clinton and Dubuque Streets VAC06-00002 06/01/06 Vacation of Dane Road south of Highway 1 VAC06-00003 06/01/06 Vacation of the southern 33 feet of the former West Benton Street ROW Annexations: 2 Recommendations for Approval. ANN05-00002 09/01/05 annexation of approximately 51.9-acres of land, located on American Legion Road (Fairview Golf Course) ANN06-00001 01/19/06 annexation of 0.35 acres of property located on Camp Cardinal Road Fringe Area Rezonings: 1 Recommendation for Approval and 1 Recommendation for Denial 24 CZ05-00001 12/01/05 denial of a rezoning of 4.96 acres from County A to County R located on north side of Lower West Branch Road SE and east of Taft Avenue CZ06-00001 05/18/06 rezoning 4.34-acres south of Linder Road from County R to County A Code Amendments: 1 Recommendation for Approval 06/01/06 Amendments to clarify and correct elements of the new zoning code, Title 14 City of Iowa City Zoning Code Miscellaneous: Approval. 08/18/05 Voted to approve the new Zoning Code PCD/P&ZlAnnual Reports/2006 P&Z Annual Report 25 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to assure that investigations into claims of police misconduct are conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City Manager, and the City Council in evaiuating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and/or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2006 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY06 the Board held 9 meetings. Three meetings were cancelled due to lack of Board business. ICPO Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members Roger Williams' term ended in September and Michael Larson was appointed for a four-year term. In October officers were nominated with Greg Roth as Chair and Candy Barnhill as Vice Chair. COMPLAINTS Number and Type of Allegations Four complaints (05-03, 05-04, 06-01, 06-02) were filed during the fiscal year July 1, 2005 - June 30, 2006. Four public reports were completed during this fiscal period (05-02, 05-03, 05-04, 06-01). The four completed public reports involved 6 allegations. Allegations Complaint #05-02 1. Aggressiveness and Improper Language. Complaint #05-03 1. Improper Conduct. 2. Differential Treatment. Complaint #05-04 1. Failure to properly investigate a complaint. 2. Using a condescending tone when speaking to complainant. Complaint #06-01 26 1. Violation of 4'h Amendment Right. level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: level a On the record with no additional investigation 4 levefb Interview or meet with complainant 0 level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation level e Board performs its own additional investigation 0 level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 6 allegations listed in the four complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in two of the reports: Comolaint #05-03 The Police Citizens Review Board considered ICPD General Order Number 00-05, "Off-Duty Conduct: Powers of Arrest"; ICPD General Order Number 99-07, "Traffic"; and ICPD General Order 01-01, "Racial Profiling" in coming to its conclusions. Comolaint #06-01 . On Wednesday, February 1, 2006, Officer A charged the complainant with "Vehicle for Hire - Liability Insurance." The PCRB complaint against Officer A was time stamped on Friday, February 3, 2006. In his ciosing statement to investigators, the complainant stated he would make his complaint go away if the charge against him was dropped. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been heid. During this fiscal period, the Board did not schedule any name-clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. Ail parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against four officers in the four complaints covered by the FY06 annual report. 27 ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the four complaints that were filed in this fiscal year. Because complainants provide this voluntarily, the demographic Information is Incomplete. Category/Number of Complainants AQe: Over 21 Unknown 3 1 National OriQin: US Unknown 1 3 Color: African American Unknown 1 3 Sexual Orientation: Heterosexual 1 Unknown 3 Gender Identitv: Male Unknown 2 2 Sex: Male Unknown 1 3 Marital Status: Single 0 Married 1 Unknown 3 ReliQion: Unknown 4 Mental Disabilitv: Unknown 4 Phvsical Disabilitv: Unknown 4 BOARD MEMBERS Greg Roth, Chair Candy Barnhill, Vice Chair Loren Horton Beth Engel Roger Williams/Michael Larson clerk/Annual Report OS-Oe.doc 28 PUBLIC ART ADVISORY COMMITTEE GENERAL RESPONSIBILITIES The Public Art Advisory Committee was formed in 1997 after the City Council established the Iowa City Public Art program initiated by the Arts/Business Partnership of the Iowa City Area Chamber of Commerce. The first meeting of the Committee was in 1998. The Committee is comprised of seven members who represent art professionals, the general community and City departments engaged In projects in which public art may be incorporated. The Committee was charged with developing the Iowa City Public Art Program, including by-laws for the Committee and procedures for the commissioning, procurement, maintenance, and deaccessioning of public art. ACCOMPLISHMENTS IN FISCAL YEAR 2006 o Expanded and completed the Poetry in Public program for another year. o Continued installation of Houses of the Northside on area street markers. o Installed the arch In Benton Hill Park. o Completed public art component (fence and way finding tiles) in the Court Street Transportation Center. o Installed Love is Strange in Willowcreek Park as part of the Iowa Sculptor Showcase. o Installed The Muse by Gene Anderson at the Pedestrian Mall Iowa Sculptors Showcase. o Solicited student artists from the University of Iowa art program for placement of a sculpture on the Peninsula Park rotating display pad at the eastern terminus of the Iowa River Power Dam Bridge and recommended Mark NeuCollins sculpture "Stem and Blade" for installation in September, 2006 o Completed Glimpse, the map of Public Art Program sponsored public art pieces, for the Iowa Arts Fest.. o Instituted Art in Private Spaces Recognition program. o Commissioned artists for Art in the Parks at the South Sycamore Greenway and the Iowa City Kickers Park, o Installed Just for Kicks in Kickers Soccer Park o Commissioned artist for Wetherby Neighborhood Art project o Continued working with Melrose Neighborhood Association on their Neighborhood Art project. PLANS FOR FISCAL YEAR 2007 o Evaluate and explore electronic and other sources of surveying community opinion regarding Public Art. o Publish and distribute Glimpse, the map of current inventory of public art, in collaboration with others, such as the Chamber of Commerce, the Cultural Alliance and the CVB. o Evaluate and solicit various alternative funding sources to increase program revenue o Update the existing artist database. o Complete the Melrose and Wetherby NA art projects. o Complete installation of Northside houses on street markers. o Select an artist and plan for the Grand Avenue roundabout public art project o Continue the Iowa Sculptors Showcase at the Pedestrian Mall and in Peninsula Park o Continue the Poetry in Public program o Coordinate with the Summer of the Arts staff to host an art project to commemorate the 20.h Anniversary of Artsfest. 29 REVIEW, BOARD OF GENERAL RESPONSIBILITIES The Board of Review is established and governed by the Code of Iowa, Chapters 441.31 to 441.44, for the purpose of equalizing assessments by raising or lowering individual assessments as established by the Assessor. The Board also makes the final rulings each year on exempt properties. The Iowa Department of Revenue & Finance issues to the Board of Review a manual to guide them in their work, along with forms for the original meeting, daily meetings, and the final meeting. The Board must also file a report on their session with the State Director of Revenue & Finance within 15 days of adjournment. The Board's meetings are subject to the open meetings law. The Board also must include in their written notice to the petitioner the specific reasons for their actions. ACCOMPLISHMENTS IN FISCAL YEAR 2006 The following is a report on the activities of the Iowa City Board of Review since adjournment on May 31, 2005. The Iowa City Board of Review met on 5 days during the period of May 1 to May 31,2006. The Board received a total of 70 petitions. These have been broken down into classification along with their outcome and are listed below. 46 Residential 24 Commercial 20 Upheld 8 Upheld 26 Denied 16 Denied 70 Total 28 Upheld 42 Denied By the filing deadiine of June 20, 2006, two commercial property owners filed appeals in District Court. Of the fifteen court cases from 2005, four have been dropped, two were settled and the remaining nine are pending. PLANS FOR FISCAL YEAR 2007 Since the Board of Review hears only protests brought to them by others, there is no way to predict the amount of work for next year. But, because next year is a reassessment year, the workload is expected to be much heavier than the session just finished. 30 SENIOR CENTER COMMISSION GENERAL RESPONSIBILITIES The Senior Center Commission is composed of seven members with renewable three-year terms. Six Commission members are appointed by the City Council. The seventh at-large member must be a Johnson County resident who lives outside of Iowa City. This person is appointed by a majority vote of the six Councii appointees. Duties and powers of the Commission include serving in an advisory role to the City Council with regard to the needs of the Senior Center. Commission members make recommendations with regard to policies and programs and join staff and other interested persons in seeking adequate financial resources for the operation of the Center. They encourage full participation of senior citizens in Center programs and activities and work to ensure that the Center is well integrated into the community. Commissioners encourage partnering with other organizations to meet the needs of senior citizens, serve in an advocacy role with regard to the needs of senior citizens; and assist the City Manager in the evaluation of personnel. ACCOMPLISHMENTS IN FISCAL YEAR 2006 . Continued to monitor the success of the participant cost sharing membership program. Whiie most Senior Center programming is open to the public, Senior Center memberships provide people with expanded access to the facility and programming. During Fiscal Year 2006 memberships totaled 925. Approximately 13% of all members received low-income discounts with total membership saies generating $22,288 in operational revenue.. . Accepted the transfer of $5,406 in annual earnings from the Senior Center Endowment to fund the FY06 operational budget. . Encouraged and received $9,656 in designated donations from participants and community members to support Fiscal Year 2006 operational expenses. These donations were deposited directly in to the Center's operational budget. . Received a bequest of $274,222.72 from the estate of Eleanor Hughes and determined how to allocate this generous donation in a way that would recognize Eleanor Hughes and provide for the long-term financial support of the Center. $200,000 from the bequest was placed in the Senior Center Endowment and the balance of the donation was deposited in the Charitable Giving Account managed by the Iowa City Senior Center Fund, Inc. $50,000 of the funds transferred to the Charitable Giving Account were earmarked for the purchase of new furnishings for the multipurpose Assembly Room and the remainder left undesignated. . Acted as the Board of the private non-profit group, Iowa City Senior Center Fund, Inc., to manage assets in the Iowa City Senior Center Endowment and Iowa City Senior Center Charitable Giving Accounts held in the Community Foundation of Johnson County. At year's end the Iowa City Senior Center Endowment and the Charitable Giving Account held $381,125 and $107,944 respectively. . Approved an FY07 operational budget request that included capital projects funded by the Charitable Giving Account. Specifically, they approved funding for $9,800 in SCTV equipment upgrades and purchases and $6,000 for exercise equipment. . Endorsed a request included with the FY07 operational budget proposal to add a permanent half-time program specialist to the staff. The additional staff person would enable the expansion of both the hours of operation and services. 31 . Encouraged donations to the Scholarship Fund. This fund supports membership and class fees for low-income individuals. . Encouraged and expressed appreciation for longstanding fund raising efforts like the annual quilt raffle, the Senior Center Quilting volunteers and the Dollar-a-Month Club. . Continued to encourage members of the Johnson County Board of Supervisors to consider re-entering a 28E Agreement related to the funding and operation of the Center with the City of Iowa City. . Provided regular updates to the members of the Iowa City Council and Johnson County Board of Supervisors on Senior Center issues, activities, and programs and wrote a monthly column reporting on Commission activities for posting on the Center's webpage. . Approved modifications in the Commission's operating procedure to increase meeting effectiveness and productivity. Included in this plan was the creation of three new standing committees for the Commission: Finance, Promotion, and Community Relations and Outreach. . Sponsored the 2006 Volunteer Recognition Breakfast honoring the volunteers who supported the operation of the Center during calendar year 2005. . Established a special committee to plan the opening event for the Center's 25th Anniversary celebration pianned for September of 2006. . Supported the successful effort to bring Dr. Gene Cohen to Iowa City as a keynote speaker during Older Americans Month. Cohen is the Director of the Center on Aging, Health and Humanities at George Washington University and an internationally known scholar in the field of aging. He focuses on the positive potential and continued growth associated with aging. . Analyzed infonmation collected through membership surveys and focus groups to examine participant and community satisfaction. . Supported promotional efforts to increase membership and educate the community about Center programs and services. This included such things as newspaper and radio advertisements, mailings, community presentations and widely publicized programs that are open to the public. . Recognized staff efforts in coordinating 474 volunteers who worked a total of 27,993 hours to support Center programming between January 1,2005 and December 31,2005. . Commended the work of Senior Center Television volunteers and staff, who in partnership with the University of Iowa Intermedia Area of the School of Art and Art History, launched ICSC TV Online! This is a streaming video project that promotes the opportunity for seniors to participate and express themselves socially, politically and creatively online, and in the process expands the reach of senior voices. . Approved and commended staff efforts to develop innovative programming and to participate in community activities and collaborative programming. . Endorsed the Center's three-year partnership in the University of Iowa School of Social Work's Practicum Partnership Program. The Center will serve as a practicum location for Master in Social Work students studying the continuum of services available to older adults. The Center will benefit from the presence of practicum students for approximately 900 hours each year. . Supported staff efforts to provide meaningful learning experiences for University of Iowa students who pursued opportunities at the Center as a part of their academic training. These 32 students represented diverse academic areas including Aging Studies, Social Work, Nursing, Multi-media and Music Education. . Continued to evaluate current building uses and explore options for expanding access to the facility and the hours of operation without compromising visitor safety or building security. . Participated in professionally facilitated strategic planning and implementation sessions. PLANS FOR FISCAL YEAR 2007 . Continue with efforts to increase Commission efficiency and effectiveness. Implement changes, evaluate results and make changes as necessary. . Continue attempts to facilitate budgeting by reviving discussions with the Johnson County Board of Supervisors and City of Iowa City City Council in order to create a 28E Agreement that is agreeable to all parties. The 28E Agreement should identify, among other things, a level of annual operational funding the County will provide the Center over a several year period. . Monitor the effectiveness of all fund raising activities. Modify existing activities as necessary and implement new activities as needed in order to reach fundraising goals. Identify and cultivate potential supporters and contributors. . Actively solicit donations to the Senior Center Endowment and Scholarship Fund. . Maintain fiscal responsibility in the management of donations to the Senior Center. Operating in conjunction with the Iowa City Senior Center Fund, Inc. continue to support programming with funds from the Senior Center's Charitable Giving Account and allocate annual interest earnings from the Senior Center Endowment to the operational budget. . Promote a positive awareness of the Senior Center throughout the community. . Review and update the Operational Handbook. Revise, develop and approve new policies as needed. . Continue to support community partnerships to enrich programming as well as participation in community activities that promote recognition of the Center as a valuable downtown resource for seniors and other members of Johnson County. . Continue to promote efficient building usage through analysis and reallocation of available building space. . Further strengthen mechanisms for meaningful participant and community involvement in the operation of the Senior Center. COMMISSION MEMBERS Jay Honohan, Chair Betty Kelly, Vice-Chair Jo Hensch, Secretary Robert Engel David Gould Sarah Maiers' Nancy Wombacher . Appointed by Senior Center Commission All other members appointed by the Iowa City City Council 33 lELECOMMUNICA liONS COMMISSION GENERAL RESPONSIBILITIES The Iowa City Telecommunications Commission (ICTC) is a city commission comprised of five Iowa City residents and is mandated to facilitate and to regulate the smooth and effective development and operation of the City's Broadband Telecommunications Network (BTN), the City's cable television system, as well as advise on teiecommunications related matters. The Commission makes its recommendations to City Council in matters pertaining to the BTN, resolves disputes about the operation of the BTN, conducts periodic evaluations of the BTN operation, and in general facilitates BTN use by the citizens of Iowa City, which includes the promotion and facilitation of the access channels and community programming. ACCOMPLISHMENTS IN FISCAL YEAR 2006 Participated in the completion of the refranchising agreement with Mediacom Oversaw and participated in the contract renewal with PATV Reviewed the rate increase in basic cable by Mediacom Worked with access channeis to identify goals and visions Facilitated the production of a history of access and current legislation video Worked with schools to improve technical quality of Education channel Explored wi-Ii and webcam applications for City and community Reviewed subscriber complaints reported by Cable TV Administrator Reviewed Cable TV related funds, including the cable TV pass through and PATV funds Oversaw the cable TV budgeting process Oversaw the distribution of pass through funds to the Community Television Group (CTG) Received monthly program and progress reports from the Cable TV Administrator, City Channel 4, InfoVision Channel 5, Library Channel 10, PATV Access Channel 18, Educational Channel 21, Senior Citizen Television (SCTV), and the U. of I. Channel 17 Monitored and reviewed legislative and legal developments pertaining to Iowa City's BTN 347 new local programs were locally produced or obtained by the Media Unit. Approximately 80% of Media Unit programming was local. The CTS produced 126 programs for almost 70 nonprofit organizations in the Iowa City area. 3,400 staff hours went into producing local programming. The number of different nonprofits served by CTS grew by 30%. City Channel 4 played back aimost 7,000 hours of programming during FY2006. The Media Unit also provided a range of services including tape dubbing (276 over the year), technical support for the City and other channels, equipment troubleshooting and audio/visual services InfoVision added the ability to select radio stations on Channel 5, expanded its Video on Demand capabilities and developed picture in picture capabilities on sequencer screens. There were 3,468 34 calls to InfoVision, with 23,645 pages viewed and 344 videos viewed. There were 53,590 hits on the Cable Division's web site The Avatar Project produced a bi-weekly series totaling 34 local programs ranging from women's organizations, seniors and arts in Iowa City The Cable Division worked with several other entities to stop or revise proposed state and Congressional legislation that would greatly impair the City's ability to regulate phone companies entry into video as well as negatively effect public access funding. The Cable Division also worked with consuitants and the ICTC to finalize the franchise agreement with Mediacom The Library Channel 10 produced over 160 programs during FY06, including Children's storytimes, simulcasts with WSUI, International Writing programs, Irving Weber days and others. Special programs produced include the Community Spelling Bee, Special events with Puiitzer Prize winning author Marilynne Robinson and best selling author Christopher Paolini. The number of messages played back was 592 and the number of programs hours cablecast was 6949. Community co-sponsored events included Project GREEN, the Johnson County Historical Social and the U. of I.'s International Writing Program The University of Iowa's channel 17 produced over 300 local programs in the last year - half of which were produced by UITV staff and the rest by UJ departments and students. There has been a steady increase of local programming produced for UITV. Programs range from those about UI football and basketball, lectures, talk shows and special events. Their programming is distributed to 36 communities statewide Senior Center Television (SCTV) produced 111 new programs, 61 total hours of new programming. SCTV obtained 2268 hours of air time in Iowa City. 15 volunteers gave 5,970 hours, the equivalent of 2.87 full time employees estimated value at $104,773.50. SCTV's programming is now distributed to North Liberty and Hills in addition to IC PATV produced 1,220 hours of new local programming. There are currently 150 active producers. Editing equipment was used 630 times for 1,890 hours. Camcorders were checked out 745 times and the studio was booked 533 times for 1,599 hours. 89 new producers were trained in the last year and 30 classes were held, 35 09-:l~-U6 IP16 AGENDA City of Iowa City City Council Economic Development Committee Tuesday, September 19,2006 9:00 a.m. City Hall Lobby Conference Room 410 East Washington Street l. Call to Order 2. Discussion of application for CEBA funds - National Genecu!ar Institute 3. Committee time 4. Adjournment NEXT REGULAR MEETING DATE: Oct. 3, 2006 I ~ I !~~~-.: -..;:;..... ..all.' ......~ ~ CITY OF IOWA CITY MEMORANDUM Date: September 14, 2006 From: Economic Development Committee Wendy Ford Lit-? Economic Develof>ment Coordinator To: Re: National Genecular Institute, Inc. (NGI) for support of CEBA application and an Economic Development Grant National Genecular Institute, Inc. (NGI) has been working with ICAD to prepare an application for Community Economic Betterment Account (CEBA) funds for a collaborative project between the company, the City of Coralville and the City of Iowa City. The company specializes in pharmaceuticals and skin care for the anti aging markets, and has an automatic outlet for its primary product through its parent company, Dermacia. They seek joint support from the City of Iowa City and the City of Coralville for the project's application for CEBA funds to be submitted to the State at the Iowa Department of Economic Development's Board meeting on Sept. 21, 2006. They also seek an economic development grant for the local match from Iowa City. The grant would be in the form of TIF rebates over 7 years, not to exceed $1.2 million (a present value of $820,000) on the improvements at the Iowa City based Biobank building in the Northgate Corporate Park. Coralville's City Council voted to support a request for a local match of $800,000 in TIF funding for the project at their Sept. 11 Council Meeting. The CEBA application includes the intention of the City of Iowa City to provide a local match. through a Tax Increment Financing rebate. NGI will operate two locate facilities: 1) temporarily in the TIC center until new space is ready in 30,000 square feet of a new building in the Oakdale Research Park in Coralville, which they will lease; and 2), a second 20,000 square foot facility to be located in Iowa City's Northgate Park which they will own. The Iowa City portion of the project is to be a $5.5 - $6 million dollar Biobank. The 20,000 square foot facility will be an integral part of the business and be the core of what will become the expansion site for the business in the future. To ensure physical space is there to expand in the future, NGI is also securing an option on a 35-acre piece of property to the north of the Biobank building. The company will ultimately generate 178 high quality jobs, 36 of which will be located at the Iowa City facility by the end of year 3 of the project and provide paid medical/health, dental and vision as detailed in the accompanying CEBA application. The Council Economic Development Committee recommendation will be presented to the City Council during the consideration of this agenda item. enc.: CEBA Application and Draft TIF Agreement cc: City Manager _ _______..________.____._,____ ___._..____~.__._.__.__._._.,_.____._____.___.______..w'_ IOWA life I changing~ Mike Blouin, Director Iowa Department of Economic Development Application for Financial Assistance Section A - Applicant & Project Information Business Development Division Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 www.iowalifechanqln.g.com 3/17/2006 Instructions 1. All applicants shall complete Section A of the Application for Financial Assistance and attach only those section(s) for the program(s) to which the applicant is applying. Proaram Community Economic Bettermeant Account (CEBA) Enterprise Zone Program (EZ) High Quality Job Creation Program (HQJC) Entrepreneurial Ventures Assistance Program (EVA) Value Added Agricultural Products & Processes Financial Assistance Program (VAAPFAP) Section F Economic Development Set-Aside Program (EDSA) Section G 2. Please visit the IDED Web site, http://www.iowalifechanqinq.com/applications/busdev/index.htmlor contact IDED at (515) 242-4819 to see if this version olthe application is still current. 3. Before filling out this application form, please read all applicable sections of the 2005 Iowa Code and Iowa Administrative Code (rules). http://www4.leqis.state.ia.us/IAChtml/261.htm 4. Only typed or computer-qenerated applications will be accepted and reviewed. Any material change to the format, questions, or wording of questions presented in this application, will render the application invalid and it will not be accepted. 5, Complete the applicable sections of the application fully; if questions are left unanswered or required attachments are not submitted, an explanation must be included. 6. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 7. Any inaccurate information of a significant nature may disqualify the application from consideration, 8. Upon completion of the application, please submit the following to the Business Finance Team at IDED: . The original, signed application form and all required attachments . One copy of the application form and all required attachments from which additional copies can easily be made. If electronic copies of the application and required attachments are available, please e-mail these documents to businessfinance@iowalifechanainq.com in addition to submitting the original plus one copy. Business Finance Team Iowa Department of Economic Development 200 East Grand Avenue Des Moines IA 50309 Download and Complete Section B Section C Section D Section E Application Due Dates IDEO Board Meetino ADDlication Due Date Aori120,2006 March 27, 2006 Mav 18, 2006 Aoril 24, 2006 June 15, 2006 Mav 22, 2006 July 20, 2006 June 26, 2006 Auoust 17, 2006 Julv 24, 2006 Seotember 21, 2006 Auaust 28, 2006 October 19, 2006 Seotember 25, 2006 November 16, 2006 October 23, 2006 December 21, 2006 November 27, 2006 . EVA applications will be acted upon every other month starting in March. Section A - Applicant & Project Information 2 Public Records Policies Information Submitted to IDEO. The Iowa Department of Economic Development (IDEO) is subject to the Open Records law (Iowa Code, Chapter 22). Treatment of information submitted to IDEO in this application is governed by the provisions of the Open Records law. All public records are available for public inspection. Some public records are considered confidential and will not be disclosed to the public unless ordered by a court, the iawful custodian of the record, or by another person duly authorized to release the information. Confidential Records. IDEO automatically treats the following records as confidential and they are withheld from public disclosure: . Tax Records . Quarterly Iowa Employer's Contribution and Payroll Report prepared for the Iowa Workforce Development Department . Payroll Registers . Business Financial Statements and Projections . Personal Financial Statements Other information supplied to IDEO as part of this application may be treated as confidential under Iowa Code section 22.7. Following are the classifications of records which are recognized as confidential under Iowa law and which are most frequently applicable to business information submitted to IDEO: . Trade secrets [Iowa Code 322.7(3)] . Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. [Iowa Code 322.7(6)] . Information on an industnai prospect with which the IDEO is currently negotiating. [Iowa Code 322.7(8)] . Communications not required by law, rule or regulation made to IDEO by persons outside the government to the extent that IDEO could reasonably believe that those persons would be discouraged from making them to the Department if they were made available for general public examination. [Iowa Code 322.7(18)] Information supplied to IDEO as part of this application that is material to the application and/or the state program to which the applicant is applying including, but not limited to the number and type of jobs to be created, wages for those jobs, employee benefit information, and project budget, are considered open records and will not be treated as confidential. Additional Information Available. Copies of Iowa's Open Record law and IDEO's administrative rules relating to public records are available from the Department upon request or at http://www.iowalifechanaina.com/downloads/chap1690penrecords.doc. Section A - Applicant & Project Information 3 Applicant Information 1. Name of Business: National Genecular Institute Inc. Address: 660 Newport Center Drive #900 City, State & Zip Code: Newport Beach, CA 92660 Contact Person: Matt Nicosia Title: CEO Phone: 949-706-6400 Fax: 949-706-2241 Email: mnicosia@dermacia.com 2. 3. SIC or NAICS Code: 20-1759687 Federal 10 Number: Does the Business file a consolidated tax return under a different tax 10 number? 0 Yes If yes, please also provide that tax 10 number: X No 4. Is the contact person listed above authorized to obligate the Business? X Yes If no, please provide the name and title of a company officer authorized to obligate the Business: ONo 5. If the application was prepared by someone other than the contact person listed above, please complete the following: Name: Title: Organization: Address: City, State, & ZIP Code: Phone: Fax: Email: Sponsor Information Please review the following table to determine who needs to sponsor this application. Depending on the programs being applied for, more than one sponsor may be necessary. Pro ram CEBA EZ HQJC EVA VAAPFAP EDSA 1. Sponsor Organization: City of Coralville Official Contact (e.g. Mayor, Chairperson, etc.): Kelly Hayworth Title: City Administrator Address: 1512 7th Street City, State & ZIP Code: Coralville, Iowa 52241 Phone: 319-248-1700 Fax: 319-248-1894 E-mail: khavworth@cLcoralville.ia.us Sponsor II: Iowa City Official Contact Person: Wendy Ford Address: 410 East Washington Ave. City State & Zip: Iowa City, Iowa 52240 Phone (319) 356-5248 Fax: (319) 356-5217 Title: Economic Development Coordinator E-mail: Wendv-Ford@iowa-citv.orq 2. If IDEO needs to contact the sponsor organization with questions, should we contact the person listed above? X Yes 0 No, please contact the following person: Section A - Applicant & Project Information 4 Certification & Release of Information I hereby give permission to the Iowa Department of Economic Development (IDEO) to research the Business' history, make credit checks, contact the Business' financial institutions, insurance carriers, and perfomn other related activities necessary for reasonable evaluation of this application. I also hereby authorize the Iowa Department of Revenue to provide to IDEO state tax information pertinent to the Business' state income tax, sales and use tax, and state tax credits claimed. I understand that all infomnation submitted to IDEO related to this application is subject to Iowa's Open Record Law (Iowa Code, Chapter 22). I understand this application is subject to final approval by IDEO and the Project may not be initiated until final approval is secured. (High Quality Job Creation Program applications may be submitted up to 12 months following the completion of the project.) I understand that IDEO reserves the right to negotiate the financial assistance. Furthemnore, I am aware that financial assistance is not available until an agreement is executed within a reasonable time period following approval. I hereby certify that all representations, warranties, or statements made or furnished to IDEO in connection with this application are true and correct in all material respect. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or subdivision. For the Business: Signature Date Name and Title (typed or printed) For the Sponsor(s): Signature Date Name and Title (typed or printed) Please use the following if more than one sponsor is required. (For example, use this if a signature from the local Enterprise Zone Commission is required in addition to the signature from the Mayor of/he sponsoring city.) Signature Date Name and Title (typed or printed) IDEO will not provide assistance in situations where it is determined that any representation, warranty, or statement made in connection with this application is incorrect, false, misleading or erroneous in any material respect. if assistance has already been provided prior to discovery of the incorrect, false, or misleading representation, IDEO may initiate legal action to recover incentives and assistance awarded to the Business. Section A - Applicant & Project Information 5 Proiect Information 1. Provide a brief description and history of the Business. Include information about the Business' products or services and its markets and/or customers. The National Genecular Institute Inc. (NGI) was formed November 2004 as a Nevada limited liability company. NGI is a fully owned R&D subsidiary of Dermacia Inc., a Califomia C-Corp that specializes in pharmaceuticals and skin care for the anti aging markets. NGI was formed with the idea of extending the quality and length of life, one cell at a time. This has become NGl's overarching Mission Statement. NGI has been formed to advance biomedical genetic and anti-aging research by identifying and characterizing complex human genetic and environmental factors affecting aging and disease development and formulating products and therapies to target issues specific to the individual customer, both for prevention and treatment. In order to meet these goals, positive strategic alliances are critical. NGI has affiliated itself with the University of Iowa and is opening a research laboratory near the campus in furtherance of this collaboration. Our Chief Scientific officer, Dr. Tannin Fuja will direct our research efforts at the Iowa facility. In addition, his pOSition with the University will allow him to submit research grants to the National Institute of Health. These grants will not only dramatically raise the profile of our research, but the ability to fund our research with government grants has its own obvious advantages. Further, when innovation is realized, the company is ill equipped to bring that innovation to market. It has no means of commercializing its discovery. NGI has developed a cohesive scientific and business model which addresses these traditional weaknesses. It is the business design of NGI to focus, primarily, on those areas of research where there is both a scientific need and equally important marketable quality. This goal is achieved primarily through NGI's relationship with it's parent company Dermacia, Inc. Unlike the majority of research and development firms, NGI HAS a commercial outlet. Further because of Dermacia's strong influence in the areas of medical and pharmaceutical sales, the companies are poised for a long term synergistic relationship whereby NGI's advances and innovations find themseives brought to market far more efficiently than its competitors. NGI has been organized so that as research goals are developed and defined, they are presented not only to the scientific advisory board, but the business advisory board as well. This allows the company to continue to employ its unparalleled scientific models and standards, while still achieving the business goals necessary to continue to drive innovation. Most scientific R&D companies have significant problems in generating revenues. Typically, R&D companies are viewed as a hole in the ground in which you throw money and hope something grows. With NGI, that is not the case. Because of its affiliation with Dermacia, NGI can commercialize its innovations and products and has a mature distribution chain already in place. As a team, NGI, and its parent, Dermacia create products and science that are useful and demanded in the market: Dermacia will be the marketing arm of discoveries born in NGI. Because NGI is affiliated with Dermacia there is an existing commercialization outlet for the products and licensing opportunities not available to its competitors. In addition to its mass distribution channels, Dermacia has over 2000 doctors to which it sells current products to and will be the first line of commercialization to add credibility and validity to the NGI products. This validation is critical as these products are moved from the doctor's offices and onto the sheives of pharmacies and other mass distribution / retail outlets. The success of this dualistic approach to scientific innovation can be seen in the fact that NGI has already developed products and has been able to bring them to market and generate revenues. NGl's nano-silver and nano-zinc products are already in Dermacia products. Nano-silver is a strong anti-microbial and is a key ingredient in Dermacia's Acne Care line. Nano-zinc is a physical UV block. In the Dermacia MD line, the nano-zinc yields a 30 spf physical bloc, making that the strongest physical bloc available in a cosmetic. This is key because chemical blocs will irritate the skin and detract from the other healing aid properties of the product. Under the direction of Dr. Fuja, NGI has developed a novel wound repair system that utilizes molecular mechanisms of cellular regenerations and matrix remodeling. This product system is current being clinically tested for its demonstrable ability to promote heal and promote scar less healing utilizing stem cells. The product is about to begin clinical studies. NGl's business model has already thrust the company ahead of many of its competitors. Over time as new innovations and advancements are developed, NGI will have the ability to swiftly move products into the commercial stream and generate revenues more rapidly. Section A - Applicant & Project Information 6 2. Business Structure: o Cooperative o Partnership X Corporation OS-Corporation o Limited Liability Company o Sole Proprietorship o Not for Profit State of Incorporation: Nevada 3. Identify the Business' owners. Majority owner (88%) Dermacia, Inc. 660 Newport Center Drive, Suite 900 Newport Beach, CA 92660 Tel. (949) 706-6400 Fax (949) 706-2320 www.dermacia.net Does a woman, minority, or person with a disability own the Business? If yes, is the business certified as a Targeted Small Business? DYes DYes XNo o No 4. List the Business' Iowa Locations and the Current Number of Employees at each Location. This is a new business to Iowa 5. What is the Business' woridwide employment? (Please include employees of parent company, subsidiaries, and other affiliated entities in this figure.) NGI and Dermacia combine for over 50 employees domestically and internationally. Both companies are going through a major hiring phase. 6. Briefly describe the proposed project for which assistance is being sought. (Include project timeline with dates, facility size, infrastructure improvements, proposed products/services, any new markets, etc.) The project in Iowa consists of the development and building of a 55,000 sq. ft. state of the art research facility in the Oakdale Research Park (ORP), which is part of the Oakdale Campus of the University of Iowa. And, in a second location in Iowa City in the Northgate commercial and research park, a 20,000 sq. ft. facility. The second site will house NGI's biotech storage facility and related sciences. The site selected by NGI for the first building is in the ORP at the entrance of the ORP and will be across the street from the new University of Iowa Hygienic Laboratory. The vision of NGl's project is to develop, in partnership with the University, a facility which not only meets our needs now and well into the future (10+ years), but can be used in partnership with the University. What has been agreed to between NGI and the University is to select a private developer who will be the builder and coordinate with the designer for the construction of this facility. The developer will be the owner of the property with the two primary tenants, University of Iowa who will occupy roughly 25,000 sq. ft.with an option on an additional 10,000 sq. ft. and NGI, who will build out 30,000 square feet. NGl's occupancy will begin at approximately 18,000 sq. ft. upon completion of the building and will occupy the full 30,000 before the end of the first year of occupancy. The facility becomes the anchor of the ORP and will be used to attract additional private research companies into the park, as well as be used to incubate University spin-off research companies as they grow from academia to the private sector. The University of Iowa is already recognized as one of the premiere scientific research universities in the nation. The development of the research park, which NGI is only a part of (aibeit a large part) is only going to enhance that reputation. NGI is benefited from attracting other biotech research companies there as the collaboration between companies enhances synergy. The synergistic approach to research is a centerpiece of our short and long term strategic and scientific goals. The second facility will be built on land owned exclusively by NGI. Because of the storage requirements and the fact the biotechnology cannot be moved after being established, this second facility is critical to the project. The early information and estimates we have received for the costs of building the facility are as follows: Location I: Lot 1 in the ORP. (Map attached to Appendix A) This location will be directly across the street from the new Hygienic Laboratory. The location of the second facility is being finalized now. It will be located within a 10 mile radius of the ORP site. Section A - Applicant & Project Information 7 Size: NGI's occupancy at the ORP facility will be roughly 30,000 sq ft. and consist of 70% wet lab space and 30% office / clean room space. The space will be outfitted with necessary infrastructure to meet all city, state and federal codes for a biotechnology laboratory including: ventilation, safety eye wash stations, smoke detectors, fire alarms/sprinklers, restricted laboratory space that is not accessible to the public or to neighboring entities, etc. All office space should be wired for high-speed internet and telephone. High-speed internet access and telephone should also be available in the laboratory at regular spacing (about every 200-500 feet). This space should contain plumbed water and drainage for functional laboratory work-bays. It should be plumbed with RO or distilled water. It should have plumbing for a laboratory ice-maker. The leased space should have multiple120 volt and 240V 60Hz outlets. The space should contain or at ieast have access to: conferencennstruction rooms, clean space work stations sufficient to house 175 employees, break room, restroom facilities (best if with showers), and at least 17 management offices. The space should have a distinct reception area immediately accessible to the public upon entering the building that is entirely separate from the laboratory. It should be allowed that this receiving space be designed as a formal reception area exclusively for NGI. It would be preferable if this space were outfitted with autoclave sterilizers, laboratory air and vacuum, and at least one fume hood. It would aiso be preferable if the leased space had at least one separated laboratory portion wherein to perform all blood or tissue culture work. Cost: The ORP facility will be rented under a minimum of a 10 year lease. The annual rent for the space will be determined in the next 2-3 weeks, fOllowing the selection of a developer by the University and Dermacia officials. The use of funds to cover long-term lease costs will be finalized prior to IDEO Board approval. In building the second facility, weather plays a significant role in this process. Assuming we are able to move expeditiously and we are able to capture some savings more fully discussed below, the estimated cost of the building is $275.00 and $300.00 a square foot, or between $5.5 million and $6 million. Location II: Northgate Commercial & Research Park, Iowa City, IA. The Research park is in a designated Tax Incremental Financing (TIF) Area. We are working with Iowa City in applying for and negotiating this incentive. Size: The lot to be purchased is 3.68 acres. It is part of a larger 30 acre parcel which we are seeking an option to purchase. Because the development and maintenance of the Biobank requires we own the land and the structure it is housed in, it is to our advantage to reserve the contiguous available land for further development in the future. The Biobank and the supporting lab space is the first structure to be built in the research park. The structure will be approximately 20,000 sq. feet. With 10,000 feet of the space below ground where the materials are store (subterranean development is necessary as protection from tornadoes) and 10,000 feet above ground of lab and office space. Much like the ORP Facility the space will be outfitted with necessary infrastructure to meet all city, state and federal codes for a biotechnology laboratory including: ventilation, safety eye wash stations, smoke detectors, fire alarms/sprinklers, restricted laboratory space that is not accessible to the public or to neighboring entities, etc. All office space should be wired for high-speed internet and telephone. High-speed internet access and telephone should also be available in the laboratory at regular spacing (about every 200-500 feet). This space should contain plumbed water and drainage for functional laboratory work-bays. It should be plumbed with RO or distilled water. It should have plumbing for a laboratory ice-maker. The space should have multiple120 volt and 240V 60Hz outlets. The space should contain or at least have access to: conference/instruction rooms, clean space work stations sufficient to house 25-30 employees, break room, restroom facilities (best if with showers), and at least 5 management offices. The space should have a distinct reception area immediately accessible to the public upon entering the building that is entirely separate from the laboratory. It should be allowed that this receiving space be designed as a formal reception area exclusively for NGI. It would be preferable if this space were outfitted with autoclave sterilizers, laboratory air and vacuum, and at least one fume hood. It would also be preferable if the leased space had at least one separated laboratory portion wherein to perform all blood or tissue culture work. Cost: The Northgate facility will be built and owned by NGI. Assuming we are able to move expeditiously and we are able to capture some discounts from the builder, the estimated cost of the building is $225.00 and $240.00 a square foot, or between $5.5 million and $6 million. Section A - Applicant & Project Information 8 The initial three-year timeline for NGI business phasing is as follows: Jul/Aug 2006 Identify suitable temporary wet laboratory location for duration of building of penmanent facility Late Fall 2006 Break Ground on Research Lab Fall/Winter 2006 Phase I (Sample collection/Bio-banking & Optics Division begin work) Fall 2007 Open Research Facility. Spring 2008 Phase II (Large population sampling and marker validation) Spring 2008 Phase III (Initial product offering and refined marker identification) Jan 2009 Adapt customized manufacturing for high-demand product volume (Potential Relocation of Manufacturing Processes) 7. Project Address (Street Address, City, and County): The project in Iowa consists of the development and building of a 55,000 sq. ft. state of the art research facility in the Oakdale Research Park (ORP), which is part of the Oakdale Campus of the University of Iowa, and in a second location a 20,000 sq. ft. facility. The second site will house NGI's bio storage facility and related sciences. The site selected by NGI for this development in the ORP is at the entrance of the ORP and will be across the street from the new University of iowa Hygienic Laboratory. The second site will house NGI's bio storage facility and related sciences and is located in Iowa City in the Northgate Commercial park. The site selected by NGI for this development in the ORP is at the entrance of the ORP and will be across the street from the new University of Iowa Hygienic Laboratory. 8. Type of Business Project: D Startup D Expansion of Iowa Company X New Location in iowa D Relocation from another State 9. Please identify the management at the project location and his/her/their experience. Tannin J. Fuja, Ph.D., directs all scientific research for National Genecular Institute, Inc. Prior to joining NGI, Dr. Fuja headed the Molecular and Cell Biology Research Group at the National Center for Voice and Speech with an Adjunct professorship in the Department of Speech Pathology & Audiology where he oversaw the building, development and execution of the first Molecular Voice research laboratory in the world. As a well-published scientific investigator, Dr. Fuja has a broad experience in the application of molecular methodologies relating to complex human diseases and development including a wide spectrum of specialties from human cancer biology to stem cell research. Dr. Fuja is a member of the Holden Comprehensive Cancer Center, and the UI Center on Aging. He has studied the role of candidate tumor suppressor genes in breast cancer and is cunrently studying their role in laryngeal carcinogenesis. He is a member of the International Society for Stem Cell Research and has also collaborated with the National Human Neural Stem Cell Resource in studying an asymmetric pattern of cell division in human neural stem cells. In addition, Dr. Fuja has also developed a novel patent-pending technology that is cheaper and faster than widely used expression microarrays. This technology comparatively analyzes changes in gene expression using microsphere beads and flow cytometry. Dr. Fuja received his Bachelors of Science degree from Brigham Young University, a certificate in Human Subject Research Ethics from the University of Washington (Seattle) and his Doctorate in Biological Sciences in the Department of Developmental and Cell Biology from the University of California Irvine. Todd Smith is NGI's Vice President of Business Development. Mr. Smith received his Bachelor of Arts degree from Westmont College in Santa Barbara, California in 1990. Thereafter he graduated from Whittier Law School in 1993. Mr. Smith practiced law in the fields of Securities and Corporate law, as well as litigation from 1993 through 2004. Although no longer practicing, Mr. Smith brings those years of valuable experience to the table as NGI's Vice President of Business Development. Mr. Smith has sat on the board of directors for several corporations including Telecommunications companies and software developers. He has negotiated Mergers and Acquisition agreement for publicly and privately held corporations. He has significant experience In the areas of strategic planning and capitalization for emerging growth companies. 10. Has any part of the project started? If yes, please explain. DYes XNo Section A - Applicant & Project Information 9 11 Project Budget: . Use of Funds Cost Source A Source B Source C Source D Source E Land Acquisition $ 610,000.00 $ $ $ 50,000.00 $ 560,000.00 $ Site Preparation $ 100,000.00 $ $ $ $ $ 100,000.00 Building Acquisition $ - .... $ $ $ $ $ Building Construction' $ 6,500,000.00 $655,000 $ $ 1,500,000.00 $ $ 4,345,000.00 Building Remodeling $ - $ $ $ $ $ Mfg. Machinery & Equip. $ 1,800,000.00 $ $ $ 200,000.00 $ 600,000.00 $ 1,000,000.00 Other Machinery & Equip. $ 300,000.00 $ $ $ 250,000.00 $ $ 50,000.00 Racking, Sheiving, etc' $ 350,000.00 $ $ $ $ $ 350,000.00 Computer Hardware $ 150,000.00 . $ $ $ $ $ 150,000.00 Computer Software $ 220,000,00 $ $ $ $ $ 220,000.00 Fumiture & Fixtures $ 75,000.00 $ $ $ $ $ 75,000.00 Working Capital $ 2,SM,000.00 $ $ $ $ 490,000.00 $ 2,344,000.00 Research & Development and $. 8,000;000.00 $ $ $ 1,350,000.00 $ 6,650,000.00 Equipment Job Training $ 1,166,000.00 $ $1,166,000 $ $ $ Estimated Lease Expense $ 3,924,2W1lO $ $ $ $ $ 3,924,219.oo $ ........ $ $ $ $ $ TOTAL ..... $lS.02$i219.00 $655,000 $1,166,000 $ 2.0l)O;QOO.OO $ 3,000,000;00 $ 19,208,219.00 ;, As the budget actually relates to two separate properties and ownership interests, the following breakdown is intended to differentiate between the two projects: Land Acquisftion: The entire $610,000.00 ($560,000 purchase price plus the cost of 2 years additional options) relates to the property in the Northgate Commercial Park located in Iowa City. NGI is seeking TIF commitments from Iowa City as a prelude to purchasing the property. The balance of the acquisition cost is coming from NGI (Dermacia is funding NGI via its subsidiary Loan Agreement). Sffe Preparation: This entry is an expense solely related to the Iowa City property. Building Construction: $1.5 million of the construction costs are for cost and tenant improvements to be contributed by NGI to the project in the ORP. Although NGI is not the owner of the building, this commitment of funds is a pre-condition to completing the project. The remaining $5,000,000.00 estimated cost is directly related to the Northgate Commercial Park located in Iowa City. NGI is seeking $2,645,000.00 in the form of grants, loans and tax credits from the State of Iowa to defray the construction costs (In addition to $655,000 under CEBA). NGI is also seeking TIF commitments from Iowa City as a prelude to purchasing the property. The balance of the construction cost is coming from NGI (Demnacia is funding NGI via its subsidiary Loan Agreement). Estimated Lease Expense is based upon an average monthly lease rate of $55,351 for 69 months, and rent of $7,000 a month for the first 15 months for the temporary space. All remaining categories, and the amounts of assistance sought from each municipality, as well as the contributions sought from the state and the amounts to be contributed by NGI and Demnacia are laid out in Attachment "A" to this application. 1 Racking, Shelving and Conveyor Equipment will be employed primarily in the Biobank and the biomaterials storage function. The storage requirements for the Biobank require a relatively sophisticated shelving system. Section A - Applicant & Project Information 10 Does the Business plan to lease the facility? X Yes D No If yes, please provide the Annual Base Rent Payment (lease payment minus property taxes, insurance, and operating/maintenance expenses) and the length of the lease agreement. The lease agreement is expected to be at least 10 years. An estimate on annual lease costs should be provided within two weeks PROPOSED FINANCING Source of Funds Amount Form of Funds Rate Temn Conditions / Addttionallnformation (Loan, Grant, In-Kind Donation, etc.) Include when funds will be disbursed;.if loan, whether payments are a level term, balloon, etc. Source A: IDED $655,000 Hybrid of Grants, forgivable loans and TBD See attached description tax incentives Source B: Other State (e.g. $1,166,000 260E Job T rainin9 funds via Kirkwood TBD See attached description Communi Colle e, DOT, etc. CC Source C: Local Government $2,000,000 Tax Increment Financin TBD See attached descri tion Source 0: Business - Dennacia $3,000,000 Investment I Loan N/A Funds available immediatel Source E: Other Private Sources $19,208,219 Equity N/A N/A Common Stock REG D 506 - Available as equity is transferred Source F: Source G: $ i Source H: $ I TOTAL $26,029,219.00 I I Please list below any tax benefits (e.g. Investment Tax Credit, Sales Tax Refund, R&D Tax Credit, New Jobs Tax Credit, Property Tax ExemptionfAbatement, etc.) that the Business expects i to receive and included the estimated value of each tax benefit: See Attachment "A" i i i I I I I Employee Benefits I Provided by the , Business i i i i The employee will be able to choose their , Medical/Health own plan from Blue Cross. Both PPO's and I Insurance HMO's are offered. The employer pays the I first $2,500 and the employee will pay the I remainder I 600 1000 480 800 Dental Insurance I I 300 900 240 720 Vision Insurance I Section A - Applicant & Project Information 11 ! 200 Life Insurance Short Term Disability (STD) Long Term Disability (LTD) I I I . If the business's plan is self-insured, please use the amount paid by the business for costs associated with employee and family coverage during the past three years and then, detemnine the business' average annual contribution per employee for that three year period. Does the Business offer a pension plan, 401{k) plan, and/or retirement plan? X Yes D No If yes, please indicate the amount contributed on a per employee basis by the Business to the plan. For 401{k) plans, please provide infomnation on the company match and indicate the average annual match per employee (show average as a percentage of salary). The Company matches 50% of the employee's contribution. The average annual match as a pencentage of salary is 7.5% Does the Business offer a profit-sharing plan? D Yes X No If yes, please indicate the total amount paid out each year for the past three year and then, determine the average annual bonus or contribution per employee for that three year period. Does the Business offer child care services? X Yes D No Child care services include child care services on-site at the facility in which the project will occur or off-site child care subsidized by the business at the rate of 50% or more of the costs incunred by an employee. The company will pay 50% customary cost incurred by an employee for childcare. 13. Identify the Business' competitors. If any of these competitors have Iowa locations, please explain the nature of the competition (e.g. competitive business segment, estimated marKet share, etc.) and explain what impact the proposed project may have on the Iowa competitor. No business competitors are located in Iowa. Other competitors for the business include: DNAVISION (www.dnavision.bel Celera (www.celera.coml Applied Biosystems (www.appliedbiosvstems.coml Section A - Applicant & Project Information 12 GeneLink, Inc The competition for products that relate to skin care and aging are as follows: Obagi Medical Products based in Califomia- 60 million in sales Skin Medica Based in Califomia- 25 million in sales Loreal- 32 Billion in sales Estee Lauder- 7 Billion in sales 14. Will any of the current Iowa employees lose their jobs if this project does not proceed in Iowa? D Yes D No If yes, please explain why and identify those jobs as "retained jobs" in the following question. Not applicable 14. List the jobs that will be retained and/or created as the result of this project. (A retained job is an existing job that would be eliminated or moved to another state if the project does not proceed in Iowa.) For retained jobs, include the current hourly wage rate. For jobs to be created, including the startinq hourly wage rate. Total Number of Retained Jobs: Job Title Skills, Education, or Experience Number of Number of Jobs Retained Starting or Required Jobs Iowa City [R] or Current Wage Coratville Created C Rate Year 1 of the Project Chief Scientific Officer PhD 1 0 C 250K Optics Division Head PhD or equivalent industry experience 1 0 C 125K Nanotechnology Division Head PhD or equivalent industry experience 1 0 C 125K Formulary Chemist PhD or equivalent industry experience 1 0 C 95K Lab Manager MS or equivalent industry experience 1 0 C 60K Cell Biologists MS or equivalent industry experience 2 0 C 55K Research Associates MS or equivalent industry experience 12 0 C 50K Engineers (Mechanical, Electrical) BS or equivalent industry experience 2 0 C 80K IT SpecialisVProgrammers BS or equivalent industry experience 1 0 C 85K Front Office Manager BS or equivalent industry experience 1 0 C 45K Lab Technician BS or equivalent industry experience 7 0 C 40K Administrative I Office Support Staff BS or equivalent industry experience 5 0 C 31K Year 1 Subtotal 35 0 -"'-'-' -~"""",,,.-- "':.~ ~~...hL:.2 ~~-: Year 2 of the Project Proteomic Division Head PhD or equivalent industry experience 1 0 C 125K Stem Celi Division Head PhD or equivalent industry experience 1 0 C 145K Section A - Applicant & Project Information 13 Animal Model Division Head PhD or equivalent industry experience 1 0 C 125K Research Associates MS or equivalent industry experience 6 2 C 50K Lab Technicians BS or equivalent industry experience 10 4 C 40K Cell Biologists MS or equivalent industry experience 2 1 C 55K Accounting Manager BS or equivalent industry experience 1 0 C 40K Manufacturing Manager BS or equivalent industry experience 1 0 C 48K Manufacturing Technicians BS or equivalent industry experience 5 0 C 35K IT SpecialistlProgrammers BS or equivalent industry experience 1 0 C 85K Engineers (Mechanical, Eiectrical, BS or equivalent industry experience 4 0 C 80K Nano BiolMedicinal Chemists PhD or equivalent industry experience 3 0 C 85K Clinical Trials Officer MS or equivalent industry experience 1 0 C 55K Molecular Geneticist PhD or equivalent industry experience 2 0 C 85K Administrative / Office Support Staff BS or equivalent industry experience 7 3 C 31K Shipping and Receiving Clerks BS or equivalent industry experience 5 0 C 30K Year 2 Subtotal 51 (86 Total) 10 (10 Total) . ~~~"I'~~':;I.. . ~~J"~w "",' Year 3 o!the Project Nucleotide Division Head PhD or equivalent industry experience 1 0 C 125K Natural Therapies Division Head PhD or equivalent industry experience 1 0 C 125K Lab Manager MS or equivalent industry experience 3 1 C 60K Research Associates MS or equivalent industry experience 13 8 C 50K Cell Biologists MS or equivalent industry experience 3 2 C 55K Animal Research Veterinarians MS or equivalent industry experience 0 3 C 85K Lab Technicians BS or equivalent industry experience 12 5 C 41K IT SpeclalisUProgrammers BS or equivalent industry experience 1 0 C 85K Engineers (Mechanical, Electrical, BS or equivalent industry experience 4 0 C 80K Nano BiolMedicinal Chemists PhD or equivalent industry experience 6 0 C 85K Molecular Geneticist PhD or equivalent industry experience 2 2 C 85K Administrative I Office Support Staff BS or equivalent industry experience 3 2 C 31K Manufacturing Technicians BS or equivalent industry experience 5 0 C 38K Shipping and Receiving Clerks BS or equivalent industry experience 2 3 C 31K Year 3 Subtotal 56 26' - .....,:,,-T,,'YSt,-" ~ --~ - - -'1 (142 Total) (36 Total) - -~~-- Section A - Applicant & Project Information 14 Total Number of Created Jobs: 178 16. Discuss each of the following items with respect to the proposed project: a) the current employment conditions in the community, include any business closures, unemployment rates, etc. and if applicable, the community's need for assistance in attracting the Business. In the past six months, the Iowa City and Coralville area has had MCI and General Mills close their operations, displacing approximately 200 people. Announced this spring is the closing of the Applied Systems operation in Coralville, displacing 96 individuals by December 2006. Pearson also announced the reduction of its staffing at its facility on the Oakdale Research Park due to the loss of federal Medicare and Medicaid contracts. Moore Wallace announced, in May 2006, the loss of 35 positions due to the parent company moving those positions overseas The wet-lab / office space on the Oakdale Research Park has also sat unoccupied for nearly two years following the moving of Albany Molecular to Chicago and CBS Market Watch to Minneapolis. Further, there is a dearth of wet lab space now available in the area. This leaves the University of Iowa without practical solutions for locating incubator companies in the area. This forces promising research projects to look outside of the area to house their businesses. b) impact of the proposed project on the community and the state, include projections that reflect the impact on local and state tax revenue and any additional costs the community will incur as the result of the proposed project; There are several positive impacts on the community and region. First, this project will continue to grow the biotech presence in the area and state, helping to attract and retain additional biotech companies. Second, the company is expecting to temporarily use an existing facility that has been vacant for some time, and will build two additional biotech facilities for themselves, and part of one to attract more biotech companies to the state. Third, there is potential to have this project grow from just R&D to both R&D and manufacturing, generating additional employment and diversifying the economy. Fourth, estimating an average of a 6% personal state income tax, NGI would generate approximately $820,000 in individual income taxes over the first thnee years of their project. Though it is difficult to estimate personal employee properly taxes and sales and use taxes, it is clear that there will be a substantial increase in these tax revenues due to the high disposable incomes of these employees. . Finally, the Cities of Coralville and Iowa City are making commitments to help with the build out of these facilities to not only spur the development of this project, but also in hopes of having marketing space for other biotech companies. c) impact the proposed project will have on current employees, including the potential for increased skills and wages; and; There are currently no Iowa employees of NGI. As has been stated, it is the expectation of the company to hire 178 people over the next three years. The company envisions a small contingent of employees and executives moving from Califomia to Iowa, with the remaining employees coming from Iowa, and likely from graduates of the University of Iowa. As noted in the sources and uses of fund tables, NGI believes strongly in investing in their employees and will work with Kirkwood Community College and others to establish the necessary training programs for staff, allowing for upward employment opportunities for employees. d) impact the investment will have on the ability of the business to expand, upgrade, or modemize its capabilities. This investment is critical to allowing NGI to start up operations in Iowa. In addition, the location of the R&D facility is ideal for collaboration with the university and other biotech companies, such as Integrated DNA Technologies. This location is also ideal for establishing a future manufacturing facility in close proximity. Further, this project is critical to the growth of the University's ability to expand its research efforts, for the community to attract other high profile businesses and build a reputation as the leading area for bio-tech research in the Midwest. As medicine moves closer and closer to customized treatments, and NGI's critical role in that growth. The ability to attract businesses in this field will be essential to the region's continued growth. 17. Is the Business actively considering locations outside of Iowa? X Yes o No If yes, where and what assistance is being offered? The company is considering locations in Utah and Arizona. Locations in these states have available and fully equipped wet lab spaces, and/or the company has received commitments from these states that suitable wet lab facilities will be provided as an inducement to locating in these states. In addition, both competing states are closer to the corporation headquarters in Califomia. Section A - Applicant & Project Information 15 18. There are three general justifiable reasons for assistance. Check the box next to the reason why assistance is needed to complete this project X Financing Gap - The Business can only raise a portion of the debt and equity necessary to complete the project. A gap between sources and uses exists and state and/or federal funds are needed to fill the gap. 0 Rate of Return Gap - The Business can raise sufficient debt and equity to complete the project, but the retums are inadequate to motivate an 'economic person" to proceed with the project. Project risks outweigh the rewards. X Locational Disadvantage (Incentive) - The Business is deciding between a site in Iowa (site A) and a site in another state (site B) for its project. The Business argues that the project will cost less at site B and will require a subsidy to equalize costs in order to locate at site A. The objective here is to quantify the cost differential between site A and site B. The Business is deciding between a site in Iowa (site A) and a site in another state (site B) for its project. The Business argues that the project will cost less at site B and will require a subsidy to equalize costs in order to locate at site A. The objective here is to quantify the cost differential between site A and site B. What measures were analyzed to determine the amount and form of assistance needed? The project and the financing sought have been evaluated based upon the need for this project in Iowa: the value of the ability to attract and retain the skilled employees needed for this operation; the general venture capital risk associated with operating a biotech company in Iowa (Midwest) rather than closer to the parent company's headquarters in Califomia: and the long term economic impact this project would be on the community and region. 19. What amount of state assistance is requested based on the above-identified need? NGI is seeking $655,000.00 in CEBA assistance and an additional $2,645,000.00 in HQJC Assistance. What typelform of assistance is preferred (e.g. loans, forgivable loans, tax incentives, etc.)? Prefer forgivable loans and refundable tax and research and development tax credits 20. Please indicate what program(s) the Business is applying to and download and submit those applicable sections: X CEBA (Complete Section B) 0 EZ (Complete Section C) X HQJC (Complete Section 0) 0 EVA (Complete Section E) 0 0 VAAPFAP (Complete Section F) 0 EOSA (Complete Section G) The Department reselVes the right to review this application and determine, based on the proposed project and available program funds, which financial assistance program(s) is best suited for the Business' project. The actual program(s) utilized may val}' from the programs indicated above. 21. Retum on Investment Information - Business Taxes Section A - Applicant & Project Information 16 IDEO is required to calculate the retum on state and local govemment investments in this project. Data from other parts of the application will be combined with the estimates requested below to calculate the required retum on investment information. Instructions for Question 21 IDEO is asking for a best estimate on the increase in taxes associated with this project. Estimates should only include the expected increase in tax liability resulting from this project. At minimum, IDEO needs estimates lor the first three years of the project. Show data as if no tax abatements or tax credits awanded for this project were taken. For partnership forms of ownership (e.g. limited partnerships, s-corporations, LLC, etc.), please estimate the partners' increase in Iowa tax liability due to this project. Sales and use taxes refer to the taxes paid on materials, etc. that the Business purchases, not taxes you collect from sales to your customers. Applicants will not be held to these numbers with respect to any awand from or contract with IDEO. This page of the application will automatically be treated as confidential. Increase in Tax Collections Associated with this Project State Business Taxes Year 1 Year 2 Year 3 Year 4 Year 5 State Corporate Income Tax* $0.00 $ $ $ $ State Business Sales and Use Tax $316875 $ $ $ $ * Insurance Companies: Provide State Insurance Premium Tax Tax on building two new facilities Local Business Taxes Year 1 Year 2 Year 3 Year 4 Year 5 Local Real Estate Properly Tax $411684 $411684 $411684 $411684 $411684 Local Option Sales Tax $ $ $ $ $ Currently, there is no local option sales tax in Johnson County Attachments Please attach the following documents: Al Business Plan At a minimum, include: Section A - Applicant & Project Information 17 . marketing study, . feasibility study, . projected profit and loss statements lor three years into the future, . project budget, . production operations, . management structure, . personnel needs, . descriptions of product or process, . status of product/process development, and . patent status (if applicable). (Any infonmation ouijined above not included in the business plan should be submitted as supplemental infonmation via a separate attachment.) A2 Copies of the Business' Quarterly Iowa Employer's Contribution and Payroll Report Summary Page {Page 1} for the past year and a copy of the most recent payroll report for one pay period. A3 Affidavit that states the Business has not, within the last five years, violated state or federal statutes, rules, and regulations, including environmental and worker safety regulations, or, if such violations have occunred, that there were mitigating circumstances or such violations did not seriously affect public health or safety or I the environment. I ! 1 A4 Financiallnfonmation (Existing Businesses Only) ! i . Profit and loss statements and balance sheets for past three year-€nds; i I . Cunrent YTD profit and loss statement and balance sheet; ! Schedule of aged accounts receivable; , . i I . Schedule of aged accounts payable; and I i Schedule of other debts. I . Application Checklist i I , i I i i I I ! I I ! I I I I I Section A - Applicant & Project Information 18 i ! I I ! IOWA Application Checklist , ' , I changing' ; {(I For each section the Business is required to submit, please indicate with a 'v''' that items needed for that section are included when submitting the application to IDED. If an item listed is not included, please indicate in the corresponding box the date on which IDED can expect to receive it or expiain in the space provided below why it has not been included: Section A Section B Section C Section 0 Section E Section F Section G CEBA EZ HCJC EVA VAAPFAP EDSA Or.iginal plus 1 Copy Signed by the Business N/A N/A N/A N/A NJA N/A Signed by the Sponsor(s) N/A N/A N/A N/A N/A N/A " Business Plan wi 3-year Projections N/A N/A N/A N/A N/A N/A , Quarterly Employer's Contribution and Payroll Reports New to Iowa N/A N/A " N/A ' N/A N/A " N/A L Current Payroll Report New 10 Iowa N/A N/A N/A N/A N/A N/A Affidavit re: Violations , N/A N/A N/A N/A N/A N/A P/L statements & Balance Sheets (3 years) N/A N/A N/A N/A N/A N/A Currenl YTD Financials N/A N/A N/A N/A N/A N/A Aged Accounts Receivables N/A N/A N/A N/A NJA N/A " ~ed Accounts Payable N/A N/A N/A N/A ,,', N/A N/A Schedule of Other Debts N/A N/A NJA N/A ' N/A N/A " Resolution from Sponsor N/A Sept 19 Sept 19 N/A N/A N/A Legal Description of Project Sile N/A N/A N/A N/A N/A . Map N/A N/A N/A N/A Meelinq I Public Hearing Notice N/A N/A N/A N/A N/A' Meeting Minutes N/A N/A N/A N/A N/A Technical Assistance Budgel N/A N/A N/A N/A N/A N/A Bids, Quotes, & Estimates N/A N/A N/A N/A N/A N/A Employer Certification Form N/A N/A N/A N/A N/A N/A Commitmenl Letters N/A N/A N/A N/A N/A NJA Comm. Development & Housinq Needs Assessmenl N/A N/A N/A N/A N/A N/A Assurances Paqe N/A ", N/A N/A N/A N/A N/A ApplicanURecipient Disclosure/Updale form N/A N/A N/A N/A N/A N/A Explanation for Items Not Included: Application Checklist 1 Attachment "A" BudQet Distribution Between Sites/Cities AMOUNT BUDGETED Use of Funds Cost Coralville Iowa City Site (ORP Site) Land Acquisition $ 610,000.00 $ $ 610,000.00 Site Preparation $ 100,000.00 $ $ 100,000.00 Building Acquisition . $ - $ - $ - Building Construction $ 6,500,000.00 $ 1,500,000.00 $ 5,000,000.00 Building Remodeling $ - $ - $ - Mfg. Machinery & Equip. $ 1,800,000.00 $ 1,000,000.00 $ 800,00000 Other Machinery & $ 300,000.00 $ 200,00000 $ 100,000.00 Equip. Racking, Shelving, etc." $ 350,000.00 $ 200,000.00 $ 150,000.00 Computer Hardware $ 150,000.00 $ 100,000.00 $ 50,000.00 Computer Software $ 220,000.00 $ 110,000.00 $ 110,000.00 Furniture & Fixtures $ 75,000.00 $ 50,000.00 $ 25,000.00 Working Capital $ 2,834,000.00 $ 1,884,000.00 $ 950,000.00 Research & $ 8,000,000.00 $ 5,000,000.00 $ 3,000,000.00 Development and Equipment Job Training $ 1,166,000.00 $ 983,000.00 $ 183,000.00 Estimated Lease Exp $ 3,924,219.00 $ 3,924,219.00 $ $ $ $ TOTAL $26,029,219.00 $14,951,219.00 $ 11,078,000.00 Application Checklist 2 Local Government Combined (Source C) AMOUNT BUDGETED Use of Funds Cost Source A Source B Source C Source 0 Source E Source Source Source G H F Land Acquisition $ 610,000.00 $ $ $ 50,00000 $ 560,000.00 $ $ $ $ - Site Preparation $ 100,000.00 $ $ $ $ $ 100,000.00 $ $ Building Acquisition $ - $ $ $ $ $ $ $ Buildin9 Construction $ 6,500,000.00 $ 655,000.00 $ $ 1,500,00000 $ $ 4,695,000.00 $ $ Buildin9 Remodeling $ - $ $ $ $ $ $ $ Mfg. Machinery & Equip. $ 1,800,000.00 $ $ $ 200,000.00 $ 600,000.00 $ 1,000,000.00 $ $ Other Machinery & $ 300,000.00 $ $ $ 250,000.00 $ $ 50,000.00 $ $ Equip. Racking, Shelving, etc" $ 350,000.00 $ $ $ $ $ 350,000.00 $ $ Computer Hardware $ 150,000.00 $ $ $ $ $ 150,000.00 $ $ Computer Software $ 220,000.00 $ $ $ $ $ 220,000.00 $ $ Furniture & Fixtures $ 75,000.00 $ $ $ $ $ 75,000.00 $ S Workin9 Capital $ 2,834,000.00 $ $ $ $ 490,000.00 $ 2,344,000.00 $ $ Research & $ 8,000,000.00 $ $ $ $ 1,350,000.00 $ 6,650,000.00 $ $ Development and Equipment Job Training $ 1,166,000.00 $ $ 1,166,000 $ $ $ $ S Estimated Lease $ 3,924,219.00 $ $ $ $ 3,924,219.00 $ $ Expense $ $ $ $ $ $ $ $ TOTAL 26,029,219.00 $ 655,000.00 $1,166,000 $2,000,000.00 $3,000,000.00 $19,208,219.00 $ $ $ . Local Government Divided (Source C is Coralville; Source F is Iowa City) Application Checklist 3 AMOUNT BUDGETED I Use of Funds Cost Source A Source B Source C Source 0 Source E Source F Land Acquisition $ 610,000.00 $ $ $ $ 560,000.00 $ $ 50,000.00 Site Preparation $ 100,000.00 $ $ $ $ $ 100,000.00 Building Acquisition $ - $ $ $ $ $ Building Construction $ 6,500,000.00 $ 655,00000 $ $ 800,000,00 $ $ 4,695,000.00 $ 350,000.00 Buildin9 Remodeling $ - $ $ $ $ $ Mfg. Machinery & Equip. $ 1,800,000.00 $ $ $ $ 600,000.00 $ 1,000,000.00 $ 200,000.00 Other Machinery & $ 300,000.00 $ $ $ $ $ 50,000.00 $ 250,000.00 Equip. Racking, Shelving, etc: $ 350,000.00 $ $ $ $ $ 350,000.00 Computer Hardware $ 150,000.00 $ $ $ $ $ 150,000.00 Computer Software $ 220,000.00 $ $ $ $ $ 220,000.00 Furniture & Fixtures $ 75,000.00 $ $ $ $ $ 75,000.00 Working Capital $ 2,834,000.00 $ $ $ $ 490,000.00 $ 2,344,000.00 Research & $ 8,000,000.00 $ $ $ $ 1,350,000.00 $ 6,350,000.00 Development and Equipment Job Training $ 1,166,000.00 $ $1,166,000 $ $ $ Estimated Lease $ 3,924,219.00 $ $ $ $ 3,924,219.00 Expense $ $ $ $ $ $ TOTAL 26,029,219.00 $ 655,000.00 $1,166,000.00 $ 800,000.00 $3,000,000.00 $19,208,219.00 $ 1,200,000.00 Application Checklist 4 draft - draft - draft - draft - draft AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND NATIONAL GENECULAR INSTITUTE, INC. 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 of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 200 I, as amended (hereinafter called "Urban Renewal Act") and National Genecular Institute. Inc, having an office for the transaction of business at 600 Newport Center Drive, #900, Newport Beach, California 92660 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation 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 Northgate Corporate Park Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 99-111 adopted April 6, 1999; 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 acquire certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will acquire the Development Property and cause a biobank building with related laboratory and offices to be constructed on the Development Property in accordance with this Agreement; and WHEREAS, the City believes that the development and of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests ofthe City and in accord with the public purposes and - 1 - draft - draft - draft - draft - draft provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. 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 1. 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 ofthis 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 and the other properties upon which the Public 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 National Genecular Institute, Inc., a corporation. Development Property means that portion of the Northgate Corporate Park Urban Renewal Plan Area of the City described in Exhibit A hereto. 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. Minimum Improvements shall mean the construction of improvements to the existing structure and the construction of a new commercial building, together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. 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. NATIONAL GENECULAR INSTITUTE. INC. - TIF Account means a separate account within the Heinz Road Urban Renewal Tax Increment Revenue Fund ofthe City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements. 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. Northgate Corporate Park Urban Renewal Area Tax Increment Revenue 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. - 3 - draft - draft - draft - draft - draft Ordinance mean Ordinance No. 99-3879 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Northgate Corporate Park Urban Renewal Area 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. 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 Heinz Road Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination 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 ofthe Heinz Road Urban Renewal Area, described in the preambles hereof. -4- draft - draft - draft - draft - draft 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 ofthe 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 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. Covenants. Obligations. Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) Developer is a corporation duly organized and validly existing under the laws of the State of Cali fomi a and 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 its 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 the certificate of incorporation and bylaws of Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to - 5 - draft - draft - draft - draft - draft 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. Cd) 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 governmental 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) Developer has not received any notice form any local, State for federal official that the activities of Developer with respect to the Development Property mayor will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). 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 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. (f) Developer will fully cooperate with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) 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. (h) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances that may be necessary to construct the Minimum Improvements. (i) 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. - 6 - draft - draft - draft - draft - draft G) The construction of the Minimum Improvements required a total investment of not less than $5,000,000. ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of the construction of a 20,000 square foot building for its Biobank, supporting lab and office space on the Development Property, as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value on January 1, 2008. Section 3.2. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, or any discreet portion thereof, the City will furnish the Developer with a Certificate of Completion for such portion 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. ARTICLE IV. RESERVED ARTICLE V. INSURANCE - 7 - draft - draft - draft - draft - draft 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 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 against 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 of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. 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 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. (Hi) 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. (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 selected by the Developer which are authorized under the laws of the State to assume the - 8 - draft - draft - draft - draft - draft 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 therefor 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 $250,000 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 and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. - 9 - draft - draft - draft - draft - draft 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 all laws, 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. Continued Operation and Emplovment. Commencing upon the signing of the Agreement, the Developer agrees that it will operate a Biobank, supporting office and laboratory space, employing 36 full time equivalent employees by the end of the third year of operation, and will continue operation of this building until at least the Termination Date set forth in Section 12.8 thereof. Section 6.6. Annual Certification. To assist the City in monitoring and performance ofthe 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 of Tax Increments (as defined in Section 1.1 ofthis 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 - 10- --~~,--_._------"-----~,---_..."_...-_._._'"--~.__.,--- draft - draft - draft - draft - draft 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 1 of each year, commencing November 1, 2008, and ending on November 1,2014 both dates inclusive. Upon certification by the Developer on or before November 1,2008, the City will certify to establish a base value as of January 1, 2007. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer: Transfer of Substantiallv All Assets. 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 maintain existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all substantially all of the Development Property and Minimum Improvements, 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 ofthe 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, (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by under common control with or controls, Developer or to any entity that acquires all or substantially all of the assets of the Developer or to any corporate successor to Developer by consolidation, merger, or otherwise, and (b) the Developer may (1) pledge and any/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer ofits obligations hereunder, and the City agrees that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer .may transfer its ownership interest to a third-party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. 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 - 11 - draft - draft - draft - draft - draft Act, the City agrees to provide up to seven annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. The annual grants shall commence on June 1,2010 and end on June 1,2016, or when the total of all grants equal $1,200,000. All annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal Act 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 6.6 hereof and the City Manager's approval thereof. Beginning with the November 1,2008 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.6 and the City Manager approves ofthe 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 are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, ifthe Developer and the City each so certify on November and December 2008, respectively, the first Economic Development Grant would be paid to the Developer on June 1,2010). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.6 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 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 $1,200,000. Each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2008, and on January 1 of each of the following six (6) years, - 12 - draft - draft - draft - draft - draft until the total, aggregate of all such Economic Development Grants equals no more than the sum of$I,200,000. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $1,200,000. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set fourth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.6 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 NATIONAL GENECULAR INSTITUTE. INC. - TlF 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 NATIONAL GENECULAR INSTITUTE. INC. - 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 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 - 13 - draft - draft - draft - draft - draft 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 NATIONAL GENECULAR INSTITUTE. INC. - TIF Account (regardless of the amounts thereot) 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) 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. 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 ofthis 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. - 14- draft - draft - draft - draft - draft (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 agree 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 his 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 relating to conditions caused by Developer after the effective date of this Agreement. (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 ofthe City, and not of any governing body member, officer, agent, servant or employee ofthe City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. 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; - 15- draft - draft - draft - draft - draft (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; (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; (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; (e) 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 shall 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 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 ofthe 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 - 16- draft - draft - draft - draft - draft Default under subsections (d) or (e) of said Section 10.1 in which case action may be taken immediately) the giving of thirty (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. 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. - 17- draft - draft - draft - draft - draft Section IDA. No Implied Waiver. In the event any agreement 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. Ag:reement 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 therefor, pay to the part 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 ofthis 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. Ifthis Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no 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 ofthis 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 of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be - 18 - ---_._-------"-----~.._-------_.--_._----------""..._'_._._~._~---------_.._,-_._-----~~"'--"--_._.._--_.._---.-------."'..'.-..- draft - draft - draft - draft - draft 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 12.1. 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 of the 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 660 Newport Center Drive, #900, Newport Beach, CA 92660. (b) In the case of the City, is addressed to or delivered personally to the City at Civic Center, 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. 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. - 19- draft - draft - draft - draft - draft Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State ofIowa. 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. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2015. 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 Alpla ofIowa, Inc. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk - 20- draft - draft - draft - draft - draft ALPLA OF lOW A. INC. By: ATTEST: By: (title) STATE OF IOWA ) ) SS COUNTY OF ) On this day of , 2003, 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 - 21 - draft - draft - draft - draft - draft 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 and , to me personally known, who, being by me duly sworn, did say that they are the and of National Genecular Institute, Inc., and that said instrument was signed on behalf of said corporation; and that the said and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for County and State - 22- draft - draft - draft - draft - draft EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels ofIand located in the City ofIowa City, County of Johnson, State ofIowa, more particularly described as follows: LEGAL DESCRIPTION Need legal description... A-I draft - draft - draft - draft - draft EXHIBIT B MINIMUM IMPROVEMENTS The Developer agrees to complete Minimum Improvements generally consisting of the construction of a 20,000 square foot building for its Biobank, supporting lab and office space on the Development Property, as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value on January 1, 2008. A- 2 _.~______~_________,___'_'____~_"__'___'__'_"__"'__'._____.,___.,.________.________._.__.___M_."__~_'____"_ draft - draft - draft - draft - draft EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City ofIowa City, Iowa (the "City") and NATIONAL GENECULAR INSTITUTE, INC. having an office for the transaction of business at 660 Newport Center Drive, #900, Newport Beach, CA 92660 (the "Developer"), did on or about the day of , 2006, 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 of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: LEGAL DESCRIPTION Need legal description 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. C -1 draft - draft - draft - draft - draft All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, lOW A By: Mayor ATTEST: By: City Clerk C - 2 -~,--,-_.-,---_._----~-------_.,---~-_.._...,-_.._- --..-------.----.-------..----...-------.--..--..---- -. draft - draft - draft - draft - draft STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 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 - 3 IOWA CITY COMMUNITY SCHOOL DISTRICT 509 S. Dubuque Street Iowa City, IA 52240 (319) 688-1000 (319) 688-1009 FAX Lane P1ugge, Ph.D. Superintendent JOINT MEETING JOHNSON COUNTY BOARD OF SUPERVISORS CITY COUNCILS OF IOWA CITY/CORALVILLEINORTH LIBERTY IOWA CITY COMMUNITY SCHOOL DISTRICT SCHOOL BOARD Wednesday, October 4, 2006 School Administrative Offices 509 S. Dubuque St 4:30 PM AGENDA 1. SILO Tax (Coralville City Council/Iowa City Community School District) 2. Joint Communication Center (J olrnson County Board of Supervisors) .~---_.__.._---------_.,-------_.__._-_.__.-'-'-'--'-'--,--~------'-'------_._-'-~-'-- I][J MINUTES IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, SEPTEMBER 7, 2006 LOBBY CONFERENCE ROOM, CITY HALL PRELIMINARY Members Present: Emily Carter-Walsh, Charles Felling, Emily Martin, Mark Seabold, Terry Trueblood, DaLayne Williamson, Members Absent: Rick Fosse Staff Present: Karin Franklin, Marcia Klingaman Others Present: Regenia Bailey, Ron Knoche CALL TO ORDER Seabold called the meeting to order at 3:33. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA NONE CONSIDERATION OF THE MINUTES OF THE AUGUST 3, 2006 MEETING MOTION: Martin moved to approve the minutes as submitted. Trueblood seconded the motion. The motion passed 6:0. DISCUSSION OF DEDICATION FOR JUST FOR KICKS, AND THE WETHERBY SHELTER. Klingaman said the Wetherby shelter was completed but still needs some finishing painting. She noted the Wetherby neighborhood has scheduled their diversity celebration for October 14 and the dedication ofthe shelter should coincide with that event. Seabold said the best time for Just for Kicks dedication would be during the soccer season. He noted soccer games will start at 9,10, 11, and 12 every Saturday. Klingaman asked ifthere is any time when the soccer players could actually participate in the dedication. The committee decided on two alternative dates for the dedication: October 21 at lOam or September 23 at lOAM depending on the availability of the artist. 4:00 PM DEDICATION OF BIRDS IN FLIGHT. The group proceeded to sculpture site in Sycamore Greenway. Seabold said the artist Mark La Mair is a native Iowan, and remembered and got inspired by his childhood in Iowa, the natural environment, woodlands, gently rolling fields, open spaces, fresh air and space to move around. -~~--~-~,----_._----_.._----"----.~----_._----------_.-~--------- 2 Regenia Bailey said she appreciates the work of the Public Art Advisory Committee. She said that at lunch she heard about the fairly short history of the Public Art Advisory Committee and was impressed to see the high number of projects undertaken. Bailey stated that public art meets you where you are and therefore is a great way to engage people to experience art. She added that her parents regularly walk the trails and that's how she found out when the sculpture was set up. Seabold said he appreciates the work of Council members and their support for the Public Art pro gram. ADJOURNMENT The meeting adjourned at 4:20 PM. --~-------_.__._----------~.,."--~-~---_._------"._--~----,---,....,.-..__.~_.,._----".-,~._---_..._. I Public Art Advisory Committee Attendance Record 2006 Term Name Expires 1/05 2/2 3/2 4/6 6/1 7/6 8/3 9/7 Emily Carter Walsh 01/01/08 OlE X OlE X X OlE X X Charles Fellin!! 01/01/09 X X X X X X X X ; DaLavne Williamson 01/01/09 X X X X X X X X , I Emilv Martin i 01/01/08 X OlE X X OlE X X X , I Mark Seabold 01/01/07 X X X X X X X X I Rick Fosse X X OlE X X X X OlE I Terry Trueblood X X X X X OlE X X Key: , X = Present I 0 = Absent I OlE = Absent/Excused , I I I , I I I ~ MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL SEPTEMBER 7, 2006 PRELIMINARY MEMBERS PRESENT: Wally Plahutnik, Beth Koppes, Charlie Eastham, Bob Brooks, Ann Freerks, Terry Smith MEMBERS ABSENT: Dean Shannon STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Karen Howard, Mitch Behr OTHERS PRESENT: Craig Willis, Ron , Mike Spear, Robert Hegeman, Sarah Jewell, Nancy Hitchon, Chester Schulte, Mark Sandler RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 6-0 (Shannon absent), SUB06-00014, a final plat for Windsor Ridge Part Twenty B, a 2-lot residential planned development on approximately 2.7-acres of land located south of Lower West Branch Road and north of York Place, subject to Staff approval of legal papers and construction drawings prior to consideration by City Council. CALL TO ORDER: Brooks called the meeting to order at 7:33 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZOINNG/DEVELOPMENT ITEM: REZ05-00019/SUB05-00029, discussion of an application submitted by S&J Development LLP for a rezoning from Rural Residential (RR-1), Interim Development Single-Family Residential (ID-RS) zone and Low Density Single-Family Residential (RS-5) zone to Planned Development Overlay/Low Density Single-Family Residen- tial (OPD5) and a preliminary plat of Country Club Estates, Parts 3-8, a 154-lot, 82.30-acre residential subdivision located north of Rohret Road and west of Phoenix Drive. Terdalkar said the applicant was requesting 44.29-acres currently zoned RR-1 and 18.58-acres currently zoned ID-RS be rezoned to Low Density Single-Family Residential zone (RS-5); approval for a 154-lot, 82.3- acre residential subdivision with four out-lots and that the entire subdivision be rezoned to Planned Development Overlay/Low Density Single-Famiiy Residential (OPD-5) zone to allow modification of the wetlands and the required buffers. When reviewing this application, Staff had considered the goals of the Comprehensive Plan and of the Southwest District Plan, compatibility with the surrounding neighborhoods and land uses, compliance with the Zoning and Subdivision regulations, traffic implications, street design, infrastructure improvements and access to/from the subdivision. The site contained sensitive areas including a drainage way, wetlands associated with the drainage way and regulated slopes. The Sensitive Areas Ordinance (SAO) allows reasonable development of the property provided measures are taken to protect the natural resources from destruction, provision of an ecologically sound transition between the development and the protected sensitive areas, and urban design that would preserve the open spaces and minimize the disturbance of sensitive areas. The SAO encouraged avoiding wetlands, minimizing the impact on the wetlands and considering alternative design for development activity. The SAO required a 1 DO-foot natural buffer between any development activity and a regulated wetland. The appiicant had requested modifications of SAO reguiated wetlands including wetland buffer averaging; elimination of the wetlands within the proposed Lakeshore Drive right-of-way and in lots 30-32, and the narrowing of the 1 DO-foot wetland buffer to 25-feet located to the east of lots 3-8. Planning and Zoning Commission September 7, 2006 Page 2 of9 Staff felt the applicant's request for the elimination of wetlands in order to install essential infrastructure and the wetlands along the south-east boundary would be reasonable and permitted provided that all the other requirements listed in the SAO were fulfilled. Staff did not feel that the applicant's request for buffer averaging met Code requirements. The Code provided for buffer averaging where it was deemed that an increased buffer would provide additional protection to the wetlands or other sensitive areas of high value or high diversity by reducing the buffer for an area where a reduced buffer may be sufficient. Staff felt that the applicant's proposal did not demonstrate why there was an additional need for any portion of the wetland to be Increased/reduced or the buffer averaged. It appeared that in the areas In Outlot D, the areas proposed for increased buffer depths was excess land that was not otherwise developable. Staff had consulted with Liz Maas, a wetland specialist who concurred with Staff's assessment that there were no sensitive features on the western portion of Outlot D which needed additional protection, that the added buffer areas in Outlot D would not have been developable anyway due to difficult topography and that all portions of the wetlands within and adjacent to the drainage way needed equal protection to ensure the health of the wetland. Additional deficiencies included not providing a buffer around newly created wetlands, no information had been provided regarding the degree of disturbance to the regulated slopes located on the site and construction limit lines had not been delineated on the drawings submitted to Staff. Concerns had been raised by adjoining property owners on the east regarding providing a transition between the existing lower density residential development and the proposed RS-5 density development. Maintaining the full wetland buffer would help provide such a transition and fulfill the Southwest District Pian goal of providing a transition. In addition .the district plan proposed large RS-5 lots on the eastern boundary of the proposed subdivision. Terdalkar said additional issues discussed at length in the Staff report included dedication of open space, infrastructure improvements including right-of-way dedication for the improvement of Rohret Road and Slothower Road, the restriction of any further development until those improvements had been made or planned for, the cost-sharing of said improvements, and stormwater management. T erdalkar said it was Staffs recommendation that the application be deferred to allOW the applicant time to revise the design of the subdivision and to resolve the deficiencies/discrepancies. In the event that a revised plat which complied with the Sensitive Areas Ordinance was not submitted, Staff recommended that the application be denied. Eastham asked Staff to further discuss their suggestions/concerns regarding the transitioning from the existing larger sized residential lots to the proposed RS-5 density development . Terdalkar said Staff felt that if the subdivision were to be redesigned, the possibility existed of relocating Lakeshore Drive to facilitate proper connections with Rohret Road and minimizing the impact to the wetlands. There was a distinction between two of the smaller wetlands versus the larger wetland; the larger wetland was associated with the stream corridor or drainage way. The SAO provided stricter requirements for such a wetland and did not allow for consideration of reducing the buffer which was being proposed by the applicant, or the removal and mitigation of the wetlands which was being proposed for certain areas. The SAO would allow for the consideration of mitigation in other areas provided that certain criteria were considered and/or met. Staff felt the applicant's request for mitigation in certain areas did meet the intent of the SAO and that it could be considered for those particular areas. . Staff didn't feel that it was absolutely necessary to move Lakeshore Drive, it was in a good position to line up with the existing road. Miklo said Staff was not suggesting that that area had to be radically redesigned. . Transition between existing and proposed developments. Miklo said Staff had had an in-depth discussion regarding that issue. When that area had been platted, it had been the City's policy that that area of the city would be very low density, the lots would be one-acre in size or greater. There had also been some sewer constraints which had resulted in the large lots. A later policy shift by City Council had provided for the possibility of sanitary sewer in that area and the possibility of more typical RS-5 development. The District plan specifically stated that there should be a transition and that the lots should be fairly large RS-5 lots. Staff felt that maintaining the entire buffer for the corridor and portion of the development would be the best way to provide some open space and transition for the lots to the east. Staff felt that some of the lots could be larger in size to help with the transition. Eastham asked if there would be any disadvantage if this development were to depend upon a lift station located within the development to serve the smaller area as opposed to a larger lift station that could serve more houses and possibly be more economical. Miklo said the concern about having a larger lift station was Planning and Zoning Commission September 7,2006 Page 3 of 9 to minimize the number of lift stations. The more lift stations, the increased possibility of having a problem with them and the more maintenance required by the City. The City encouraged larger and fewer lift stations. It was a fairly unique situation that this did not flow into a water shed normally served by the sewer plants. Eastham said he didn't see any connections for neighborhood trails nor plans for including a local traii access to the wetland area for the local neighborhood. Terdalkar said the adjacent land was currently owned by the County Poor Farm which would continue to be an open space. A dedication of approximately 4.5-acres of open space would connect to the existing open space and eventually connect to the sidewalk network in the neighborhood; there was no proposal to connect to the Hunter's Run trail nor to the existing developments to the east. An 8-foot sidewalk on the north side of the Rohret Road would be extended. Eastham asked if it was Staffs position that improvement of Rohret Road all the way down to the terminus would be enough arterial street to support the proposed subdivision. Terdalkar said two portions of the property would be developed at a later date. The new section of Lakeshore Drive would connect to the existing Lakeshore Drive, the lots along Lakeshore Drive would be developed. If the proposed development were to be approved by the Commission, Staff would recommend that a condition of a CZA require that the applicant improve the portion of Rohret Road that is adjacent to the proposed lots in the first phase of the development. Development of lots 78 to 154 should not occur until the improvement of the remainder of Rohret Road was in the Capital Improvement Plan. Staff would also recommend that the southern portion of Slothower Road be vacated to address the eleven double fronting lots along Prescott Lane. Public discussion was opened. CraiG Willis, said the project team, which included himself; Mike Spear, Principle of S&J Development; Larry Schnittjer and Ron Amalon, MMS Consultants, disagreed with Staffs determination that buffer averaging was not appropriate in this particular situation. The development had originally been proposed and put forth approximately one year ago. Since that time there had been six iterations of the plan and two mitigations plans developed - the point being that they were willing to work with staff get it right. "To get it right not only for us, but for their neighbors, buyers and anyone else in the area." Willis said to the east of the proposed development were larger sized RR-1 lots, to the west was the County, to the north was the County Home Farm and Parts I and II of their development along with the semi-public recreation area. Willis said it was important what they called the "wetland", he would call it a swale. There was some debate as to what it [the wetland] really was and to the strict application of how the ordinances and federal regulations should apply to this area. Willis said the term, wetland, covered a large variety of things such as an open stream, a swamp with standing water or a number of things. This particular area was between plowed ground and farmland, it was covered over with dirt and did not display running water very much at all. It was covered with reed canary grass, a monoculture non-native invasive species. Willis distributed a package of documentation to the Commissioners. He said a lot of the regulation rising out of the ordinance was triggered by definition. Willis quoted from Exhibit One, Item XIV, 5-1-2b, "something is a river, stream or drainage way shown in blue in the most recent CGA quadrangle maps". He said the area in question was shown as a blue line on the most recent maps, but that was wrong in the applicant's team's contention. It was possible for the federal government to be wrong in assessing the area. Willis said Exhibit Two was a reaction by the Corps of Engineers to this area being treated as a blue line. He said the area was not a blue line, it did not have the characteristics. Willis quoted from the first page of the "Constance E-Mail" which he said suggested a case-by-case look at blue lines on a topographical map. Wiilis read the second paragraph of a message from Conroy of the US-CGS, but stated that he did not agree with the over-broadness of that message. In his memorandum, Conroy said "his problem was with the laws, not with the maps. If the people who passed the laws understood the limitations of maps and different revision procedures, perhaps they would not write laws that were so restrictive. It was time sensitive and might be not reflective of what it was." Willis read a portion of a message from Gene Walsh of the USGS, 'While one drainage way was defined as a blue line stream on the topography map, it lacks the typical physical features of a stream channel, defined bed and bank, ordinary high water mark, shelving, sediment transport, etc to be classified as an intermittent stream. However the Corp will regulate as an emergent wetland." Willis said a similar opinion had been articulated by Professor Lon Drake who had made the same conclusion - what ever the USGS said about it, it was not really a stream. Willis said if it was not a stream, then was it a drainage way? Drainage way was not a defined term in the Zoning Ordinance. Willis said in his opinion, it was not; but Staff said that it was. He felt that in this situation Planning and Zoning Commission September 7,2006 Page 4 of 9 neither party should to try to define the undefined terms but look to what the purpose of the regulation was. Willis referred to Exhibit 4, an except from the Zoning Ordinance which listed what the goals of the regulations were. Improving water quality was one. Willis said he felt that the idea of the blue line and the enumeration in the Ordinance of river, stream or drainage way was to get at those areas which had open water. It was a very different water quality problem when there was open water for a significant amount of time. Drainage way would be interpreted as an area that ran water intermittently, which would be analogous to how the originally contrived biue line system of the federal government was - permanent and intermittent stream. Willis said his point and the argument was that clearly some of 'this' didn't squarely apply however they didn't want to make that argument or stand legally on that principle. The applicant contended that when looking at the equitable posture of the parties invoived and at what was trying to be done, that should be taken into consideration. Willis said the buffer reduction as proposed made some sense. He referred to Exhibit 5, two important rules regarding the 100-foot buffer and buffer averaging. Item E-I was the 100-foot rule which referenced regulated wetland. Willis said they were not arguing that there was regulated wetland. The applicant was going to treat them as if they were regulated wetlands. Item #2, "Buffer Averaging may be permitted or required where an increased buffer is deemed necessary or desirable to provide additional protection to one area of the wetland for aesthetic or environmental reasons." Willis said Staff had made the argument that the mitigation plan did not contain an argument. Willis said he wanted to make the argument why it was an important and considerable environmental interest to allow buffer averaging. The proposed area to the west would sometimes include open water. It currently did not now. Willis said the applicant's proposed improvement of a low grade wetland into a high grade wetland was environmental reason enough to allow the averaging. That was the justification. When the developed had completed the quality of wetland that they wanted to, it made sense to buffer it and to put the Impact areas on that end of it. Willis said the Staff Report had said that Lot 29 did not display the minimum required 50-feet. There was an exhibit in the packet that showed that it did. If the issue needed to be addressed with reference to the new wetland they would address it. Ron Amalon, MMS Consultants, distributed a photo of the current wetland site with reed canary grass, a photo of an exiting mitigation site that they'd created in North Liberty which would be similar to what the applicant was proposing, and a colored drawing of the proposed mitigation plan. Amalon said the goal of the wetland mitigation plan was to improve the water quality and to provide a diverse wetland plant community. The existing plant community was reed canary grass, a non-native invasive species which The Corps of Engineers required to be removed from mitigation sites. The proposed plan had a plant community of over 20 species which was also expected to increase the wildlife use of the area. To achieve the goal of improving the water quality there would be sediment traps and fiiter socks at the head of the storm sewers. Two rock check dams would be installed at the upstream end of the mitigation site to help slow the run off into the site and improve the water quaiity. A berm wouid be placed upstream of the main wetland area to maximize the retention time of the water as it flowed from one cell to another which would maximize the quality of the water which would enter the main mitigation cell. Amalon said the applicant felt buffer averaging was appropriate for this site; it wouid be consistent with the idea of providing a staged mitigation site to maximize the water quality entering the main cell. Buffer average- ing would allow for an increased buffer around the main cell while trying to achieve the highest water quality. Eastham asked if the applicant had actually considered a development design which would comply with Staffs recommendations. Amalon said they had looked at how many lots would be impacted to maintain a 100-foot wide corridor and felt that it was a significant impact so they'd tried to come up with a plan that met the requirements of the SAO which included the request for 50-foot buffer reduction in certain areas for buffer averaging. They felt that it suited the site because it would allow for a wider buffer around the higher quality portion of the wetland. Eastham asked what the applicant's proposed goal was. He said looking at the Staff's map(s), he counted a maximum of 12 lots that would be in the 100-foot buffer range, only Y, of the lot areas were in the range so why didn't the applicant take the buffer ranges proposed by the Staff and reconfigure the design to see how many lots they actually came up with. Amalon said they'd looked at a concept drawing and thought that they'd lose close to 12-lots which was a significant loss so they preferred to propose buffer averaging instead. Planning and Zoning Commission September 7, 2006 Page 5 of 9 Miklo said the Staff Report had suggested the possibility of clustering smaller lots or using attached units so that the required buffer could be maintained. Eastham said that was what he was suggesting, had the developer considered that option. Amalon deferred to Spear. Mike Soear, S&J Development, said the blue line had been discovered late in the process. Originally they'd had a concept plan which had shown basically what they currently were proposing. They had redesigned and lost some lots already to come up with the 50-foot buffer. Spear said he had a problem with a Zoning Ordinance which relied on maps where the field work had not been done in six decades; what was shown on the map as a stream corridor was not there. From the photograph it could be seen there was no stream corridor there. Spear invited the Commission to go to the property to see that there was no stream corridor there. Spear said a stream corridor was what required the additional buffer. The response received from the USGS indicated that they did not feel that it was appropriate that their maps be tied to a zoning ordinance. The maps were done from aerial photographs, there was no field work done. Spear said a representative from the Corps of Engineers had visited the site and had said there was no stream corridor there. Spear said he felt that what they were proposing even with the mitigation plan was 100% larger than what they should have to do. Buffer averaging was nothing new or unprecedented, it had recently been done for the new Mennards site. Miklo said with respect to the question of stream corridor and its relationship to wetlands - they were starting from the Ordinance's requirement of a 100-foot buffer for wetlands, it is a requirement. Whether there was a stream corridor present or not the 1 DO-foot buffer was required. Because there was a stream corridor present, the City was not abie to consider buffer reduction. The City was able to consider buffer reduction for the two fingers to the south which were not associated with the stream corridor. Staff acknowledged that it had not been a running stream in recent years, but it was clearly a drainage way which provided drainage for several acres. The Sensitive Areas Ordinance and the Wetlands Regulations reguiated wetlands associated with a stream corridor inciuding a drainage way, whether or not there was running water. There was a higher level of scrutiny given to a wetland associated with a stream corridor even if it was just a drainage way and there was not a running stream present. Mikio said the correspondence was from one person at the USGS, in whose opinion some localities over regulated based on the map. That was only one person's opinion at the USGS. Because the applicant would be using the wetland area for stormwater management, the wetland improvements being spoken of would have to occur regardless of whether or not the buffer was reduced. The City's consultant felt that if there was going to be a successful wetland on that site, the greater the buffer the better. Staffs recommendation was a deferral. The City's consultant would be able to attend the informal meeting to discuss the wetland issues. Brooks asked how a developer would know about the blue line. Miklo said it was shown on the USGS map. In the late 1990's when Staff had first received a concept plan for this property, it had been from a different consultant. Staff had advised them in writing that there was a blue line shown on the property and they would need to consult the Sensitive Areas Ordinance. In the interim, Spear had hired at least one other consultant; when he'd hired MMS Consultants they were the ones who'd discovered that there was not only a stream corridor but also a wetland. Mikio said there were also some neighborhood design issues that warranted the 1 DO-foot buffer which included the fact that the proposed development was directly to the west of some fairly large lols and that those neighbors had purchased their lots with an anticipation of an open space corridor separating the lots. Spear said he'd misspoken, the wetland had been discovered late in the process, not the blue line. Spear said he lived in the area and was trying to make everyone happy. From the meetings that he'd had with the neighbors they did not want clustered development or a medium density townhouse development. Eastham said that type of development was allowed by the Comprehensive Plan. Spear said Staff had suggested that he try to get the USGS to change the map however the USGS wouldn't do that, they only reviewed the maps approximately every 10 years. He'd submitted a request but the USGS said that they didn't have the funding to do the field work so the likelihood of it changing was little. Spear Planning and Zoning Commission September 7, 2006 Page 6 of 9 distributed photographs of a housing development including recreation area that he'd built giving a brief history of the developed neighborhood that he'd grown up in Davenport. Willis said if the applicant was turned down on their buffering they would become interested in the circumstances under which averaging had been aliowed and the principles that went with it. He said that the Sensitive Areas Ordinance had no part in it that allowed consideration for either density buffers with adjacent areas or clustering options. It was an environmental reguiation. Robert Heaeman, said he lived upstream in the water shed area. A waterway was determined primarily by topography and annual rainfall, those didn't change over decades. The biue line determination could be calculated by knowing elevations and average annual rainfall, the drainage areas could be calculated that went through a system. Only average annual rainfall changed. Therefore, he didn't feel that consideration should be given to changing the blue line. Hegeman said he had two relevant issues which he wished to bring to the Commission's attention, both of which had been caused by S&J's predecessor and interest, Frank Eicher, who'd owned the whole property. Eicher had built a dam upstream which held approximately 0/. an acre of water and held several acre-feet of water which drained through an 8-inch pipe into a cistern. The cistern went down to another 8-inch pipe which ran the entire traverse of S&J's iand and dumped west of Slothower Road. Accordingly, looking at the surface it could be said there was no stream there, but underneath there was 8 inches of water moving through a pipe. Hegeman said all that was required for that to become surface water instead of sub terrain water was to put a plastic sheet over the cistern. It was a wetland area, so he would suggest adhering to the USGS map. Hegeman said the dam upstream was important. It was a fairly large wetland area, it had an established habitat as it had been there since the late 1970's. It was about 3-acre feet of water. Twice in the past 13- years it had overflowed through a causeway where the outflow was no longer controlled. The dam acted as a buffer, if there was a lot of rainfall the water in the pond rose and fell but at some point the capacity of the dam to buffer the lower system was exceeded. In 1993 it had virtually been a river. S&J's predecessor had built the dam, profited by the sale of it and now wanted to restrict the area downstream that was endangered by an earthen dam. It was a safety issue, much more than a wetland issue. An earthen dam was holding back at least 3-acre feet of water, which was approximately 8,000 cubic yards or 6,800 tons of water. Should it be breached by muskrats or some other creature, it would be a huge volume of water moving down through an area barely 100-feet wide. Hegeman encouraged the Commission not to decrease the wetland buffer for safety purposes. Sarah Jewell, 53 Tuscon Place, said she and her husband had visited with the property owners in the neighborhood to get a general feeling from their neighbors. They had submitted a letter now signed by 23 property owners who were within 200 feet of the property. No one agreed with the proposed development. Their big concerns included the waterway, the layout of the streets, if Lakeshore Drive was developed before Slothower Road was developed Lakeshore would become a throughway in the neighborhood connecting to Melrose Avenue. Increased traffic would come from vehicles going to the landfill, West High School traffic, cut-through traffic to Coralville and farmers bringing their equipment through the middle of a residential development with small children. Jewell said a neighborhood should be a destination point and not just a cut through to get from one place to another. Jewell said she'd lived in her house for 5-years and there had been running water on their property in years past. She was concerned about the proposed buffering. At times they were unable to even get a mower through the rear of her property near the gulley. If additional houses were built, it would raise the water table and there would be more water which ran through the area. Jewell said the developer may have had conversations with particular neighbors in the neighborhood but in general the homeowners were not in favor of the proposed development, they didn't know what the proposed plan was, they hadn't been consulted nor their opinion solicited. All the neighbors would very much appreciate the opportunity to be included as it was their homes. The neighbors would also like to see the park moved to a more central location so that everyone could enjoy it and not just the northern homes. Nancv Hitchon, Lot #8, said she lived on over a one-acre lot. Her expectation was that when she did have neighbors it was not going to be very high density. She would like to have it be more like RR-1, a lower density. Spears, was a neighbor of larger lots, not the high density that was being proposed. The Country --~---------~~ ~-------- ---~------~------ Planning and Zoning Commission September 7, 2006 Page 7 of9 Club Estates development was not something that all persons in the neighborhood who were affected were members of or participated in. Chester Schulte, 1812 Rohret Court SW, said he opposed the rezoning of Country Club Estates having lived in his home for over 23 years. The rezoning would impact the tranquil neighborhood, safety, traffic, wildlife, aesthetics and the continuation of the present environment. Land valuations, crime, vandalism were all arguable concerns. The developer would reap economic gain from the rezoning, maximize his profits, impact lives and then leave. Schulte said he would be left to live with the change starting with the view outside of his kitchen window. The development of the land seemed inevitable; the small lot size and density of homes was what he most strongly objected to. When the subdivision was built, the headlights of all the vehicles exiting the development would fiash across his picture window. He'd prefer to see fewer houses built for less impact. Eastham said the previous speaker had mentioned the possibility of increased vandalism and crime for the area. As a Planning and Zoning Commission member, it was his perspective and he assumed that everyone who would move into a new development would be as good a citizen as he was, no matter what the development was. Everyone in the audience had the right to express their opinions but some of the opinions would have less value to him than others. Mark Sandler, 41 Tucson Place, said he and his wife were both opposed to the rezoning for reasons that had already been mentioned. He said the applicant had invited the Commissioner's to go out and take a look at the property, but he would encourage them to wait until it rained to do so. He'd lived there almost 15 years, he could remember times when the neighborhood kids had tubed down the area and had actually been able to swim at the bottom of the hill on a couple of occasions. Sarah Jewell, said the existing County Club Estates subdivision were beautiful homes, many of them with 3- car garages. She'd envisioned that type of development would potentially continue with connecting trail ways, tennis courts, etc. What was actually being proposed were lot sizes so small that it was not consistent with what had originally been proposed or what was there now. That was also a concern to the existing home- owners. She was in favor of clustering to try to make it consistent with the rest of the neighborhood and to not make it look like cookie cutter club crackers. Public discussion was closed. Motion: Plahutnick made a motion to defer REZ05-00019/SUB05-00029, an application for a rezoning from Rural Residential (RR-1), Interim Development Single-Family Residential (ID-RS) zone and Low Density Single-Family Residential (RS-5) zone to Planned Development Overlay/Low Density Single-Family Residen- tial (OPD5) and a preliminary plat of Country Club Estates, Parts 3-8, a 154-lot, 82.30-acre residential subdivision located north of Rohret Road and west of Phoenix Drive. Smith seconded. Eastham requested Staff to provide information and their opinion regarding 1) how this area was similar or not similar to other streams that were dry part of the time and 2) the criteria used to determine when buffer averaging would be allowed. Brooks requested input from Public Engineering/City Engineer regarding the issues that had been raised about the dam, what the implications were to the area with a private dam of that size upstream, what control and mechanisms were there to ensure that the structure was and remained safe for any development that took place downstream. Plahutnik asked for information regarding the disposition of the 8-inch pipe full of running water at the wetlands and surface water. Freerks said there was a notation regarding long term maintenance of the stormwater basin which needed to be addressed, now was a good time to further discuss those issues. Freerks requested that the applicant provide their information to Staff for distribution to the Commission in a more timely manner rather than bombard them with it during the meeting. Planning and Zoning Commission September 7, 2006 Page 8 of 9 Smith requested that the applicant's development team provide a clarification via correspondence regarding the issue of stream corridor. The applicant's lawyer had argued that it was not a stream area by definition, yet the drawings provided by the applicant's engineer designated the area as "inside the stream corridor and outside the stream corridor". The motion to defer passed on a vote of 6-0 (Shannon absent). Develooment Item: SUB06-00014, discussion of an application submitted by Arlington Development Inc. for a final plat for Windsor Ridge Part Twenty B, a 2-lot residential planned development on approximately 2.7-acres of land located south of Lower West Branch Road and north of York Place. Terdalkar said the final plat was in compliance. Staff recommended approval of SUB06-00014 sUbject to Staff approval of construction drawings and legal papers prior to consideration by City Council. Public discussion was opened. There was none. Public discussion was closed. Motion: Eastham made a motion to approve SUB06-00014 subject to Staff approval of construction drawings and legal papers prior to consideration by Council. Smith seconded. The motion passed on a vote of 6-0. DISCUSSION OF AMENDMENTS TO TITLE 14. ZONING CODE: Brooks said the Commission was in agreement regarding deferring this item because there had been no informal work session in which to discuss the proposed revisions. Dan Smith, the only member of the public present, agreed. Brooks request a deferral of the item to allow discussion of proposed amendments at the next informal meeting. Motion to defer by Smith. Eastham seconded. The motion passed on a vote of 6-0 (Shannon absent.) CONSIDERATION OF 8/17/06 MEETING MINUTES: Motion: Smith made a motion to approve the minutes as typed and corrected. Eastham seconded. Motion passed on a vote of 6-0 (Shannon absent). OTHER: Miklo said in follow up to the Stonebridge Estates item which had been voted on by the Commission at the previous meeting, some lots had not met the required 60-foot lot width. Staff and the developer had agreed to borrow area from some of the larger corner lots and 8-feet from the open space to make up the deficit. The plat that would be sent to City Council for their consideration would be slightly different that the plat previously approved by the Commission. ADJOURNMENT: Motion: Smith made a motion to adjourn. Koppes seconded. Motion carried on a vote of 6-0 (Shannon absent). The meeting was adjourned at 9:15 pm. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Term Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 6/15 7/6 7/20 8/3 8/17 9n B. Brooks 05/10 X X X X X X X X X OlE X X X X X C. Eastham 05/11 ---- ---- _.-- -- -- ---- ---- ---- X X X X X X X X A. Freerks 05/08 X X X X X OlE X X X OlE X X X X X E. Koppes 05/07 OlE X X X X X X X X X OlE X X X X W Plahutnik 05/10 X OlE X X X X X X X X OlE OlE X X X D.Shannon 05/08 X X X OlE X X OlE X X X X X X OlE 0 T. Smith 05/06 X X OlE X X X X X X OlE OlE X X X X INFORMAL MEETING Term Name Exoires 2/13 2/27 4/17 5/15 7/17 7/31 8/14 B. Brooks 05/10 X X X X X X X C. Eastham 05/11 ---- ---- ---- X X X X A. Freerks 05/08 X X X X X X X E.Koppes 05/07 X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE D.Shannon 05/08 OlE 0 OlE X X X OlE T. Smith 05/06 X X X OlE X X X I Key: X = Present 0 = Absent OlE = Absent/Excused I I MINUTES SENIOR CENTER COMMISSION AUGUST 15, 2006 GOB/9- SENIOR CENTER DRAFT~ AUGUST 2006 - IP19 Members Absent: Staff Present: Others Present: Meeting called to order at 3:00 PM David Gould, Jay Honohan, Jo Hensch, Sarah Maiers, and Nancy Wombacher Betty Kelly and Bob Engel Michelle Buhman and Linda Kopping Lynn Campbell Call to Order: Members Present: RECOMMENDATIONS TO COUNCIL None. APPROVAL OF MINUTES Motion: To approve the June minutes with the following correction: Under COMMISSION ASSIGNMENTS the second paragraph should read, Honohan volunteered to write the web article and report to the Board of Supervisors and City Council following the July Commission meeting. Motion carried on a vote of 5-0. Maiers/Wombacher. PUBLIC DISCUSSION Campbell expressed appreciation for the canvas bag that was given to those who attended the volunteer recognition event. She noted that many people have made positive comments about this year's gift. COMMISSION ASSIGNMENTS Honohan volunteered to write the web article and attend the City Council and Board of Supervisors meetings to report on this meeting. Maiers agreed to write the web article for the September meeting. DISCUSSION OF PARTNERSHIP AGREEMENT WITH UNIVERSITY OF IOWA CENTER ON AGING TO ESTABLISH AN OSHER LIFELONG LEARNING INSTITUTE AT THE UNIVERSITY OF IOWA - Kopping Commissioners discussed the proposed agreement with the University of Iowa's Center on Aging to establish an Osher Lifelong Learning Institute at the University of Iowa. Copies of the proposed agreement, which was prepared by the Center on Aging, was distributed in the Commission packet for this meeting. Commissioners felt the proposed agreement was lacking in the following areas: ~ The intent of the agreement is not clearly stated; DRAFT AUGUST 2006 ~ The responsibilities of each party are not identified; ~ The agreement lacks a budget; and ~ The responsibilities and composition of the steering committee and board need to be spelled out. Commissioners agreed that the proposed agreement needs to be revised. Minimally, it should include a representative from the Senior Center on the Steering Committee, offer a clear presentation of the responsibilities and obligations of each partner, and indicate that the Senior Center will continue to be a partner as long as there is an Osher Lifelong Learning Institute. Honohan and Kopping will work together with the Center on Aging to revise the agreement. STANDING COMMITTEE REPORT Promotion Committee - Hensch The Promotion Committee has not met since the last Commission meeting. Nonetheless, plans from the previous meeting, which involved the creation a Center drill team to march in area parades, are being pursued. Hensch reported that she had an application for a group to be in the homecoming parade and Wombacher and Kopping are pulling together a group of volunteers to perform. Community Re/ations and Outreach Meeting - Wombacher The Committee and a group of approximately ten Senior Center volunteers met on August 14, 2006. The focus of the meeting was to create a Senior Center Speaker's Bureau. The group brainstormed on who would be speakers, the kind of programs the group would offer, and how speakers would be trained. OPERATIONAL REVIEW-Kopping Staff reports were reviewed and discussed. Kopping is working on the Senior Center Commission's Annual Report. A draft of the report will be distributed in the September Commission packet. The Commission reviewed the programs scheduled to celebration the Senior Center's 25th Anniversary in September. Amy Correia, Coordinator of Social Services of Johnson County, requested that Kopping to prepare quarterly reports for the Johnson County Board of Supervisors identifying how the $75,000 grant is a benefit the Senior Center and its programming. Specifically how it benefits seniors in the county. The reports are due at the end of October, end of January, end of April and the end of July. COMMISSION DISCUSSION Gould reported that he visited the Board of Supervisors and City Council. Motion: To adjourn. Motion carried on a vote of 5-0. Maiers/Hensch. 2 DRAFT AUGUST 2006 Senior Center Commission Attendance Record Year 2006 Name Term 1/24 2/21 3/21 4/18 5/23 6/20 8/15 Exoires Bob Enoel 12/31/08 X X X X X OlE OlE David Gould 12/31/08 X X X X X X X Jo Hensch 12/31/06 X X X X X X X Jav Honohan 12/31/07 X X X X X X X Bettv Kelly 12/31/07 X OlE X X X X OlE Sarah Maier 12/31/06 X X X X X OlE X Nancv Wombacher 12/31/06 OlE OlE X X X X X Key: X= 0= O/E= NM= Present Absent Absent/Excused No meeting Not a member 3 r:: IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT MONDAY, AUGUST 28, 2006--5:30 P.M. CITY CABLE TV OFFICE, IO S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Gary Hagen, Saul Mekies, Nicholas Parker MEMBERS ABSENT: John Weatherson STAFF PRESENT: Drew Shaffer, Mike Brau, Dale Helling, Bob Hardy OTHERS PRESENT: Lee Grassely, Beth Fisher, Kevin Hoyland, Josh Goding, Susan Rogusky, Andy Kromphardt RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hagen said he read an article in the Iowa City Press Citizen that the city has $1 million more in the general fund than last year and suggested that this would be a good time to request that the $100,000 taken from franchise fees by the City to supplement the general fund be returned to the Cable TV Division. Mekies said that the city indicated that taking franchise fees to supplement the general fund would not be indefinite. Hoyland is submitting a request to the administration that if the proposed one cent sales tax passes that some of those funds be allocated to the school channel. Hoyland said that Perry Ross has been exploring the possibility of getting the video production students in the high schools to produce some programs for the channel. Shaffer referred to the complaint report in the meeting packet and said there were a higher number of complaints than normal. A number of the complaints had to do with response times to phone calls. Grassley said that Mediacom has been making some changes in their call centers that they are in the process of implementing. Grassley said the combination of factors has led to poor response time, but expects improvement over the next 60 days. Grassley reported Mediacom will increase residential Internet download speed from 5 megabits to 8 megabits and double upload speeds to 512 kilobits in September and October. The cost will remain the same. Grassley said that Qwest will likely be introducing legislation again this coming session in the Iowa General Assembly. This legislation could affect the cable TV industry. Grassley said he had an opportunity to discuss the comprehensive telecommunications bill in the U.S. Senate with Majority Leader Frist. Frist informed him that the bill will probably not be voted on before the November election and if and when it does pass it will face problems in the conference committee with the House. A vote in the Senate would be unlikely until the middle to late next year. There is a possibility that it could be attached to an omnibus spending bill. Shaffer said the City is beginning to explore municipal WiFi systems. Hagen said it is important for the Commission to look into this issue. Parker said Iowa City is well situated for a WiFi system due to a centralized business district that attracts a lot of people. The City might best foster the growth of WiFi by facilitating an umbrella network that would provide a seamless connection amongst various providers. APPROVAL OF MINUTES Hagen moved and Parker seconded a motion to approve the amended July 24, 2006 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hagen said he read an article in the Iowa City Press Citizen that the city has $1 million more in the general fund than last year and suggested that this would be a good time to request that the $100,000 taken from franchise fees to supplement the general fund be returned to the Cable TV Division. The $100,000 was taken for a couple of years during a period of financial hardship. Shaffer said that the city's budget process will start shortly. Mekies said that the city said that taking franchise fees to supplement the general fund would not be indefinite. Hagen said it is important that the Commission keep this issue in front of the city administration. Mekies said the Commission could send the City Council a letter to remind them ofthis issue. Helling said the budget preparation cycle starts in September and the City Council finishes their review in January. Federal legislation could be passed in that time period which would impact the cable TV budget. Shaffer said that there has been discussion in the past about trying to get a portion of the lost franchise fees back incrementally. Parker said that there ought to be a provision that if at the end of the fiscal year there are funds remaining that the general fund reimburse the franchise fees that were taken to supplement the general fund. SHORT PUBLIC ANNOUNCEMENTS Parker said he liked the idea of the webcam discussed at previous meetings and suggested that the City Channel look into the idea. IOWA CITY COMMUNITY SCHOOL DISTRICT Hoyland reported that the Central Administration Building has been experiencing some power outages that resulted in the school channel being offthe air. Some backup power supplies are being ordered for the channel. Hoyland is submitting a request to the administration that ifthe proposed one cent sales tax passes that some of those funds be allocated to the school channel. Hoyland said that Perry Ross has been exploring the possibility of getting the video production students in the high schools to produce some programs for the channel. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and said there were a higher number of complaints than normal. A number of the complaints had to do with response times to phone calls. Grassley said that Mediacom has been making some changes in their call centers that they are in the process of implementing. The virtual call centers that were based on all customer service staff regardless of where they were located, would be informed of any problems such as outages and the representatives would know how to respond. In this way a call could be taken by the next available representative regardless of their physical location. This did not work as planned, as representative in remote sites often did not have the information they needed. Mediacom is now moving toward large regional call centers with a call being taken as near as it originated as possible. There have been some growing pains in implementing the new system. In addition, there has been a number of customer service representatives leaving employment. This left Mediacom short-staffed until new people could be hired and trained. Grassley said the combination of these factors has lead to poor response time, but expects improvement over the next 60 days. Shaffer said Mediacom has always been very responsive to complaints he receives and relays to them. MEDIACOM REPORT Grassley reported Mediacom will increase residential Internet download speed from 5 megabits to 8 megabits and double upload speeds to 512 kilobits in September and October. The cost will remain the same. A promotional program for new subscribers to phone, television, and Internet service will provide Internet service of 10 megabits download and 1 megabit upload for $29.95. Grassley said that Qwest will likely be introducing deregulatory legislation again this corning session in the Iowa General Assembly. This legislation could affect the cable TV industry. Grassley said he had an opportunity to discuss the comprehensive telecommunications bill in the U.S. Senate with Majority Leader Frist. Frist informed him that the bill will probably not be voted on before the November election and if and when it does pass it will face problems in the conference committee with the House. A vote in the Senate would be unlikely until the middle to late next year. There is a possibility that it could be attached to an omnibus spending bill. Hagen said that there appears to be an increase in religious programming on the channels on the basic tier and it is important to maintain a balance of programming on the basic tier. It is important that the basic tier channels contain a diversity of programming and not become dominated by religious broadcasters or shopping channels. Grassley said Mediacom is bound by FCC rules to carry certain channels on the basic tier. He restated that Mediacom is not a content provider. After Mediacom goes to all digital transmission in 2009 there may be a reconfiguration of programming tiers. Parker commended Mediacom for increasing Internet bandwidth without increasing charges. UNIVERSITY OF IOWA REPORT Kromphardt reported that productions are picking up with the start of the fall semester. Among the programs that will be upcoming during the semester are the interview programs with the football and basketball coaches, lectures, Live From the Java House, and Live From Prairie Lights. PATV REPORT Goding reported PATV will be conducting a studio production class Wed. Oct. 30. The Guidelines workshop will be held Sept. 3 from 12-3 p.m. PATV will be holding an open house Sept. 7 from 5-7 p.m. The board will meet Sept. 21 from 7-9 p.m. Hagen asked ifthere have been any problems with participants in the Open Channel program. Goding said no one has used profanity or otherwise cause problems. SENIOR CENTER REPORT Rogusky reported that a part-time student was hired to share the 19 hour a week position. Interviews with users of the Senior Center have been taped for a program on the 25th anniversary of the Senior Center in September. A reporter from KCRG television has contacted Rogusky and wishes to do an in-depth piece on the Senior Center. LffiRARY REPORT Fisher reported that program production will increase in September. The International Writer's Program will be starting. The first event is a symposium with four Russian writers. The University's International Programs Department holds an event every Monday. The Intellectual Freedom Festival will be held at the end of September. An episode ofWSUI's Big Brain will also be held in the library. In all there are 20 shoots scheduled in September. It is hoped that program transmission will be digital by the end of the month. KIRKWOOD COMMUNITY COLLEGE Shaffer reported that O'Brien emailedhim and could not attend the meeting. O'Brien reported Kirkwood students will begin cablecasting a new show soon. About 10% of Kirkwood's programming has been digitized and is on their video server. Weekend programming will begin n Sept. 9. Mekies said he appreciated O'Brien sending an email report when he was unable to attend. CITY MEDIA UNIT REPORT Hardy said that many of the candidate forums during the election cycle will be cablecast. The American Association of Retired People and the Johnson county Task Force on Aging will each be holding forums that will be taped. The Community Television Service will also be taping the United Way Campaign Kickoff, System Unlimited's Annual Awards, and the Run for the Schools. There have been some problems with the digital on-air program schedule. Testing will continue with the new digital playback system. The current system is functioning well and will serve as a backup to the digital system once it is deployed. The school board election results will be covered on election night. The Video Voter Project, which gives candidates an opportunity to directly address voters for up to eight minutes, will begin taping candidate statements for playback in the weeks before the election. CABLE ADMINISTRATOR REPORT Shaffer reported that the programs on the history of cable television in Iowa City and the activities in the state and federal legislatures and the Federal Communications Commission are being played on the City Channel. In addition, a program provided by the National Association of Telecommunications Officers and Advisors on the federal legislation has been playing. Shaffer noted the brochure included in the meeting packet targets new students and said it will be re-designed slightly for the general public. Parker said the brochure was a good idea and a good resource for the community. TELECOMMUICATIONS COMMMISSION ANNUAL REPORT Shaffer noted the annual report in the meeting packet. Hagen moved and Parker seconded a motion to approve the annual report. The motion passed unanimously. LEGISLATIVE UPDATE Shaffer noted the memo in the meeting packet outlining the provisions I the latest version of the federal legislation. TAPING MEETINGS Shaffer said that for the ease of taking the minutes Brau suggested video taping the meetings. Hagen said a video camera may inhibit the free-flow of discussion as people often behave differently in front of a camera. Mekies said that it would be helpful if speakers at meetings would state their name before speaking. COMMISSION RETREAT Shaffer distributed a list of possible topics for the retreat. It was agreed to wait until there were five members before scheduling a time. Mekies said Commissioners should review the list and prioritize topics and consider deletions and additions. WIFI AND WEBCAM Mekies said he has not heard back from the James Gang regarding attending a Commission meeting to discuss WiFi systems. Mekies said he is investigating the prevalence of municipal webcams and his findings may be included in a letter to the City with a set of recommendations. Shaffer said the City is beginning to explore municipal WiFi systems. Hagen said it is important for the Commission to look into this issue. Parker said Iowa City is well situated for a WiFi system due to a centralized business district that attracts a lot of people. The City might best foster the growth of WiFi by facilitating an umbrella network that would provide seamless connection amongst various providers. ADJOURNMENT Hagen moved and Parker seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:47 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Date Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek Thrower 6/2/03 X X X X X 7/28/03 X X X X X 8/25/03 X X X X ole 9/22/03 X X X X ole 10/27/03 X x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 112/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 4/ 26/04 x x x x O/C 5/24/04 x x O/C x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did.not meet Did not meet Did not meet Did not meet Did not meet X X X X X 12/20104 1124105 X X X X X 2/28/05 X X X X Garv Hagen 3/8105 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vacancy X James X x Bebe x Ehrmann Balantvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1123106 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x xlo 0 X 6/26/06 0 X Vacant 0 X Nick Parker 7/24/06 x x x X x I 8/24/06 x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) ole Ix POLICE CITIZENS REVIEW BOARD MINUTES - September 12, 2006 DRAFT C[: CALL TO ORDER: Chair Greg Roth called the meeting to order at 5:34 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seconded by Larson to adopt the consent calendar. . Minutes of the meeting on 08/08/06 . ICPD SOG #01-23 (Recruitment/Selection) . ICPD Department Memo 06-29 (March-June Use of Force Review) . ICPD Use of Force Report - July 2006 . Correspondence from Howard and Madonna White Motion carried, 5/0. Barnhill commented on the Use of Force Report for July. The terminology "Mental subject" which was used for one of the incidents might not look in a positive way and thought that it could be worded differently. Widmer stated that he would think about it and take the suggestions into consideration. OLD BUSINESS Citv Code Section 8-8-6(E) / Policv & Procedure for extension reauests - The Board agreed after discussion to ask Captain Widmer to speak to Chief Hargadine regarding extension requests and the effects it has on the Board when those requests are received after the report due date. Widmer said he would speak with the Chief and report back to the Board at the next meeting. At that time the Board will discuss whether to recommend possible changes or to leave the wording as is. NEW BUSINESS Select Nominating Committee - Roth selected Larson and himself to serve on the nominating committee. PCRB September 12, 2006 Page 2 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. MEETING SCHEDULE . October 10, 2006,5:30 P.M., Lobby Conference Room - CANCELLED . November 14, 2006, 5:30 P.M., Lobby Conference Room . December 12, 2006, 5:30 P.M., Lobby Conference Room . January 9,2007,5:30 P.M., Lobby Conference Room Motion by Larson and seconded by Barnhill to cancel the October meeting due to lack of Board business. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Horton and seconded by Engel. Motion carried, 5/0. Meeting adjourned at 6:04 P.M. MINUTES Iowa City Airport Commission September 14, 2006 Iowa City Airport Terminal - 5:45 PM DRAFT rn: Members Present: Randy Hartwig, Chair; John Staley; Janelle Rettig; Howard Horan, Greg Farris Members Absent: Staff Present: Sue Dulek, Michael Tharp Others Present: John Yeomans; Jay Honeck; Philip Wolford, Harrel Timmons, David Hughes DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:47 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM AUGUST 10, 2006: Motion to approve minutes by Reiling; Seconded by Farris, motion passed 5-0 Public Discussion - Items not on the agenda Jay Honeck addressed the commission regarding the moving of the United Hangar. Honeck urged the commission to consider a proposal to move the United Hangar to the south end of Hangar 18/36 as an alternative to demolition. Items for Discussion/Action: A. Farmers National Agreement - Commission discussed the management agreement with Farmer's National. The agreement provided for an opportunity to cancel the agreement. Staff recommended a continuation of the agreement. Staley moved to continue the agreement, Rettig seconded. and the motion passed 5-0. B. Ron Wade offer to purchase part of lot located on S. Gilbert - It was noted that Mr. Wade had passed away prior to the meeting. Hartwig noted he had spoken with family members regarding this offer and that they were still interested. David Hughes was asked questions regarding the position of the parcel. It was noted that this parcel is currently inside a protection zone, and now that the airport has control of the land the FAA would not release it for sale. It was noted that any lease options would have to be approved by the FAA. and they have acceptable uses in place. Hughes noted he would get copies of this information for the commission. Hughes also commented that after the runway extension is completed the protection zone may shift, removing this parcel from protection. At that time the airport could revisit offers. C. FAA/lOOT Projects - Earth Tech - David Hughes a. Runway 7/25 - Hughes noted that the project has been underway but has encountered a wetter than normal late summer/early fall. He noted that approximately 50% of the contract time has elapsed and 33% of the work has Airport Commission September 14, 2006 Page 2 of 4 been completed. He noted they are continuing to monitor the project, but there could be a possibility of the Grading work being pushed into 2007. b. Taxi-lane North Tee's and Parking Lot Rehab - Hughes noted work on this project began on August 29'h. Approximately 50% of the pavement and all the storm sewer work have been completed. He noted a temporary repair was done to the area near the fuel pump. He also noted that the SW corner of Hangar A was damaged during delivery of supplies, and they were working with the truck owner and insurance to get repairs made. c. Terminal Apron i. Update - Hughes commented that the design for this would be completed this fall so the project could be bid and started as soon as weather would allow in the spring. He noted that the Supplemental Agreement paperwork had not been completed as planned. Staff recommended deferring resolution until next meeting. ii. Supplemental Agreement No.7 1. Consider a Resolution approving Supplemental Agreement No.7 for services related to Terminal Apron Rehabilitation - Motion to defer until next regular meeting by Staley, seconded by Rettig. Motion Passed 5-0 D. South Aviation Development - Hughes noted they are continuing work drafting the forecast section of this report. Once the section was complete another meeting of the committee would be held to discuss the contents. E. Consultant Agreement with Snyder & Associates - Tharp noted that this agreement ended on Sept 8'h. Commission held discussions on renewing the agreement. It was decided against renewing. F. Jet Air Management Agreement - Commission discussed the current agreement. It was noted that this agreement was written to help provide for Airport Management when there was not an operations employee or when they are not if the office. It was recommended that this agreement be renegotiated with Jet Air. Timmons indicated that Jet Air was willing to begin discussions. G. Aviation Commerce Park - Hartwig noted that Harry Wolf was unable to attend the meeting. H. Parking Policy - Tharp noted he had been working on a parking policy and that with the construction work for the new parking lot, this would be a good time for the airport to adopt a policy. Discussion was held on how complex this policy needed to be, and who would be in charge of implementing it. Commission asked Tharp to prepare a policy regarding vehicles parking longer than 14 days at the airport. I. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport Management. Hartwig noted they had received Fiscal Year 2008 budget paperwork earlier in the day and that it was due back to the city on Sept 25. A Budget Meeting was set for Monday September 18, at 7am. Horan challenged each commission to have 10 project ideas to help set the projects for the year. Airport Commission September 14, 2006 Page 3 of 4 J. Subcommittees' Reports - Farris noted he and Tharp had a meeting with the city's web designer to update the Airport's information. He also commented they were continuing work on getting a service in place to provide electronic notifications to the public. Commission Members' Reports Staff Report - Tharp noted that October 3-4, the FAA Central Region conference was going to be held. He noted that after speaking with Hartwig, the decision was made to send him, and extended that offer to other commissioners. Hartwig noted that this is one of the annual conferences that the Airport regularly sends staff. Set next regular meeting for October 12,2006 at 5:45 p.m. Adjourn - Meeting Adjourned 7:50pm Airport Commission September 14, 2006 Page 4 of 4 Airport Commission ATTENDANCE RECORD YEAR 2006 IMeetina Date TERM 1/12 2/9 3/9 4/13 5/1 5/11 5/31 6/8 6/16 6/23 6/27 7/13 NAME EXP. 3/1/08 --- --- --- --- --- --- --- --- --- --- n_ --- I>aniel :Iay tandy Hartwig 3/1/09 X X X X X X X X X OlE X X .reg Farris 3/1/07 0 X X X X X X X X X OlE OlE lohn Staley 3/1/06 X X X X X X OlE X X OlE X X ioward Horan 3/1/08 X X X X X X X X X X X X lanelle Rettig 3/1/12 --- --- X X X X X X X X X X 7/27 8/10 9/14 ............ tandy Hartwig 3/1/09 X X X .reg Farris 3/1/07 OlE X X lohn Staley 3/1/10 X X X ioward Horan 3/1/08 X X X lanelle Rettig 3/1/12 OlE X X KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member IJ:: MINUTES Iowa City Airport Commission September 18, 2006 Iowa City Airport Terminal - 7:00 AM DRAFT Members Present: Randy Hartwig, Chair; John Staley; Janelle Rettig; Howard Horan, Greg Farris Members Absent: Staff Present: Michael Tharp Others Present: DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 7:00 A.M. RECOMMENDATIONS TO COUNCIL: None BUDGET - Discussion was held for items covered in the Fiscal Year 2008 Budget. Commissioners presented ideas and areas of interest. The projects that appeared on several lists became the focus. Rettig noted accounts that had one time expenses that had projected expenditure numbers based on those expenses. Those expense items could be returned to their regular levels. There was a consensus that the budget subcommittee would submit the budget request with requests for Fencing and Terminal Area projects. ADJOURN - Meeting Adjourned 8:45 A.M. Airport Commission ATTENDANCE RECORD YEAR 2006 (Meetina Datel TERM 1/12 2/9 3/9 4/13 5/1 5/11 5/31 6/8 6/16 6/23 6/27 7/13 NAME EXP. 3/1/08 --- m --- --- --- --- ... --- .-- --- --- --- Daniel Clay Randy Hartwig 3/1/09 X X X X X X X X X OlE X X Greg Farris 3/1/07 0 X X X X X X X X X OlE OlE John Staley 3/1/06 X X X X X X OlE X X OlE X X Howard Horan 3/1/08 X X X X X X X X X X X X Janelle Rettig 3/1/12 --- --- X X X X X X X X X X 7/27 8/10 9/14 9/18 ............. Randy Hartwig 3/1/09 X X X X Greg Farris 3/1/07 OlE X X X John Staley 3/1/10 X X X X Howard Horan 3/1/08 X X X X Janelle Rettig 3/1/12 OlE X X X KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 13, 2006 EMMA J. HARVAT HALL-IOWA CITY, CITY HALL PRELIMIN~ ~ MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Bob Downer, Gloria Marchman, Mary McGeorge CALL TO ORDER Chairperson Leigh called the meeting to order at 5:00 p.m. CONSIDERATION OF THE AUGUST 9. 2006 MEETING MINUTES Leigh noted that on the last page, Burlington Street should be changed to Bloomington Street. MOTION: Alexander moved to accept the minutes as amended. Shelangouski seconded, and the motion carried on a vote of 5-0. MOTION: Wright moved to consider the items out of order from the stated agenda, to consider first the memorandum from Manville Heights residents to defer their appeal. Wood seconded, and the motion carried on a vote of 5-0. APPEAL APL06-00003 Discussion of an application from J. Alberto Abreu for an appeai of the Building Official's decision pertaining to the regulation of accessory apartments. Walz reported the applicant has requested a deferment of the appeal until the next meeting, due to a miscommunication that prevented adequate notice of the September hearing date to be sent to the co- applicants. She will be getting those addresses from Mr. Abreu and will send out notice of the October meeting as soon as possible. MOTION: Wright moved to defer APL06-00003 to the October meeting. Alexander seconded, and the motion carried on a vote of 5-0. SPECIAL EXCEPTIONS EXC06-00019 Discussion of an application submitted by Oaknoll Christian Retirement Services for a special exception to allow off-site parking on a separate lot for property located in the High Density Multifamily (RM-44) zone at1116 Oakcrest Street. Walz reported the application is a request to allow offsite parking in an RM-44 zone. Oaknoll is proposing to remove the existing apartment building and construct a parking lot to accommodate 20-23 additional spaces intended for staff and resident secondary parking. Currently there are 19 spaces on the lot, but they are not to code. Walz noted in the staff report that Oaknoll was granted a variance in the early 1980's to reduce the amount of parking required for their facility. The additional parking is needed now because of a changing resident base at the facility and an increased demand for parking from residents. Though Oaknoll currently provides 188 spaces on-site, they estimate the actual need is for 221 spaces. Walz continued by saying that the Oaknoll facility and the proposed parking lot are on the edge of the same RM-44 zone. Zoning requirements for this area say that the lot must be within 300 feet of the entrance and in the same zone. This parking lot does comply with these requirements. The approval Board of Adjustment September 13, 2006 Page 2 requirements deal mostly with fitting the offsite parking into the surrounding context, in this case a residential neighborhood. Walz said staff has recommended changes to the original site plan that would reduce the projected number of spaces to 20 instead of the 23 proposed. The entrance will be in the same place and the 20- foot setback is required. Staff does not anticipate any pedestrian or vehicular safety issues. The applicant has indicated that the lot will be used strictly on a permit basis. They will post the lot and enforce this. Walz said the site plan appears to meet the basic standards in the code, but it will have to be checked by site plan review to ensure compliance. In this case there is no principie building structure to hide parking behind. This is unusual, but the City does have a history of granting these exceptions, for example in the case of Mercy Hospital's accessory parking. The new code has given more enforceable ways to ensure that parking areas like this are done in an aesthetically pieasing manner that fits into the neighborhood. Walz noted that if the special exception is granted, this lot is solely intended as accessory parking to the Oaknolll facility only. It therefore could not be sold to another party to be used as a parking lot. To prevent parking lots from detracting from the residential neighborhood character, the City requires a 10-foot buffer between the side lots and a screen to the 5-2 standard in the front. Staff has recommended an 5-2 option such as a masonry wall complementing the adjacent Oaknoll structured parking in addition to the vegetation, since there will not be a building to screen the street front. This would make a more visually pleasing street front and also provide a visual cue to tie the lot to Oaknoll. Walz said in general S-2 standards use distance and low-level screening to separate uses, which can be done with vegetation alone. However, something that ties the lot to the facility would be preferable. There is an established oak tree at the rear of the lot that staff wouid recommend to be saved. The applicant has indicated willingness to save the oak tree, and staff will have some recommendations on measures to take. The applicant has proposed that if the tree is saved, any vegetative screening should be placed outside of the drip line of the tree, and staff believes that is appropriate. Also, all lighting on the lot will need to be downcast, to shield neighbors from glare. Walz said this specific exception will not be a detriment to or endanger the public's health, safety, comfort, or general welfare because the lot will only increase the parking capacity by a small number of spaces. This will also not be injurious to the use and enjoyment of other properties in the immediate area, and will not substantially diminish or impair property values. The required setbacks and screening address these issues. However, a larger parking lot would likely begin to erode the residential neighborhood, and would be discouraged by staff. Establishment of this specific special exception will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the zone. All of the surrounding lots are fully developed, and since this lot is accessory, another business or other party could not purchase the lot for use as a parking facility. Walz said all necessary access roads and utilities are already in place to serve the facility. Adequate measures have been or will be taken to minimize traffic congestion on access streets. This special exception conforms to the applicable reguiations and standards of the zone in which it will be located, except in respect to the regulations and standards applicable to the exception. The preliminary site plan meets all these needs, and the site plan review will confirm that everything meets code requirements. As long as the parking lot is well landscaped and screened, it does not appear to conflict with the Comprehensive Plan, which encourages the preservation of existing neighborhoods and the provision of group living options for seniors. Walz said the screening and tree preservation are strongly recommended to help preserve the residential character of Oakcrest Street and the single-family neighborhood to the north. Staff added the note that a larger lot would be discouraged. She added that the applicant has received the staff recommendation and made some suggestions. Walz distributed and read the revised recommendations to the Board, which included slight modifications. Board of Adjustment September 13, 2006 Page 3 Alexander asked for confirmation of the current number of parking spaces. Walz said the lot currently has 19 parking spaces, but they are not to code. The site plan submitted by the applicant, which did not include preservation of the oak tree, indicated 23 spaces. Staff estimates that if the oak tree is preserved, the number would be reduced to 20. Oaknoll would be increasing the number of parking spaces by one in the lot, but would increase their overall total by 20. Public Hearinq Opened Robert Downer introduced himself as both the attorney for Oaknoll and the advisory director of the non- profit corporation that operates the facility. He said the circumstance that led to the need for increased parking arose because of the construction of the addition that will be completed in October. That addition and associated construction has met required parking needs for those areas, however a changing level of activity of the residents who reside there has led to an increase in the number of cars as the facility has expanded. Downer said the problem was identified approximately a year ago, and several soiutions were proposed. Oaknoll representatives have met with City staff to discuss alternatives such as street widening and other options in the area. Then they learned that the owners of the apartment building were willing to sell, so the best option appeared to be to purchase it, demolish it, and create an additional lot. He suggested that a parking lot would be an improvement in the view for the neighbors, since the building is in a dilapidated condition. The parking lot will look out on the north lawn of Oaknoll, which is a rolling site with mature trees. Downer said the additional conditions are perfectly acceptable to Oaknoll. They cannot guarantee the continued life of the oak tree but will make every reasonable effort to preserve it. They also wanted to make sure the lot is available to residents and visitors to Oaknoll as well as staff. It is not possible to put up parking gates or controlled access because of the shared access on the west side, but it will be posted as restricted parking and attempts will be made to enforce that. He noted that there are other representatives from Oaknoll and Shive-Hattery present as well, who are available for questions, if needed. Wright asked for confirmation of what need this parking will fulfill, whether for the new addition or other. Downer said it is to provide overflow parking for the entire compiex. This was not required for the addition or to fulfill any other parking requirements for the facilities. If this lot was not acquired, the required parking for the complex would still be met. However, more parking is needed because of the projected number of cars that will be brought in by new residents. They are taking steps to limit the number of cars that new residents will be bringing to the facility in the future. This had not been done before because the problem was not foreseen until contracts had already been signed. Alexander asked if there is anyon-street parking avaiiable. Downer said yes on George Street, though that has come up in severai neighborhood meetings that he has attended. He said that many of the neighborhood residents perceive the amount of street parking to be inadequate. Alexander noted that if additional parking is not provided, more strain would be put on the on-street parking. Downer said yes. Shelangouski asked how Oaknoll proposes to enforce permit parking for their visitors. Downer said in most cases, it will not be practical to enforce the permit parking. However, they do not want the lot to be off limits during events at Oaknoll, such as during evening board meetings. Marv McGeorqe introduced herself as a friend of a tenant currently living in the apartment building that Oaknoll is proposing to demolish. She said her concern is how Oaknoll will insure that only permitted people will park in the lot, since there is another building next door with its own parking needs. Also, she questioned the intention to demolish the apartment building when the additional parking will not completely fulfill the facility's needs. She said that though Oaknoll has offered to buy the current tenants out of their leases, the situation is causing stress to the tenants who have to make a decision about moving by September 30. She noted that new living arrangements are not easy to make after August leases have already begun. Board of Adjustment September 13, 2006 Page 4 Downer replied to McGeorge's question regarding the current tenants' status by saying there are currently two tenants living in the building, according to his most recent information. He stated that if other living arrangements are not made, the current leases of all the tenants would be honored. The tenants will not be ejected from the building, though they do have the option to terminate their leases early. However, the tenants do not have any way to extend their leases indefinitely. Shelangouski noted that the lot could still be used for parking even if the building is not demolished. Gloria Marchman introduced herself as a resident living behind the building that Oaknoll is proposing to demolish, speaking on behalf of two or three other neighbors. She said they have no issue with OaknolL Their primary concern in this matter was saving the historic oak tree during the construction. She noted that the tree had been protected until 1996, but the protection was not renewed. She also said she wanted to know whether at a later date a change could be made to the lot or a parking ramp be put in. Walz said no, If the tree dies the space could be used for additional parking. However, any other change or expansion to the site would require a special exception. Since they would need a building permit to build a ramp, for example, the need for a special exception would be noted at that time. Leigh closed public comments. Wright asked for clarification on the language included regarding the tree preservation. Holecek said since it is impossible to guarantee the continued life of a living thing, the changes clarify what efforts Oaknoll needs to do to preserve the tree. However, as it is now stated, they can absorb the additional space without need for another special exception if the tree dies. Shelangouski asked how much of the lot is currently paved. Walz displayed the site plan, indicating that there will not be much of a change in the total impermeable surface of the property, though the buffer will be new. Additionally, green space will be gained in the end caps. Shelangouski asked for confirmation that part of the permit requirements is prevention of runoff onto neighboring properties. Walz said yes. MOTION: Alexander moved to approve special exception EXC06-00019, subject to the revised conditions as outlined and distributed by Walz. Wright seconded. Wright said that the specific standards for off-street parking and zoning for this special exception seem to be met. It is within 300 feet of the entrance. Section F approval criteria seems also to be met in general, though he is a little concerned about off-site parking with no other use. He said he does not like setting that sort of precedent within a residential neighborhood. In the future Oaknoll needs to pay more attention to planning needs for parking. At the same time the general intent of the standard is being met, and the lot is currently not attractive. Between the landscaping and preservation of the tree, the parking lot will likely be an improvement. Wright said in terms of the general standards, this exception should not be a detriment or endanger the public's safety, health, or general welfare, and should in fact have little impact on those at all. It should not be injurious to enjoyment of other properties in the immediate vicinity. This should not impede the orderly development of the surrounding properties for uses permitted within the zone. Oaknoll cannot sell this property for use as a parking lot, nor lease it for commercial parking purposes. All utilities are in place. Adequate measures will be taken for ingress and egress according to the site plan. He said he believes it conforms to the applicable regulations of the zone in which it is located. The preliminary site plan appears to meet the basic requirements of the multi-family residential zone. He believes this is also largely consistent with the comprehensive plan, and that he would vote in favor of the exception. Alexander said this exception has is either no change or improvement. It will not affect traffic, and will be an aesthetic improvement to the neighborhood. Though this will not be seen as an improvement to the current tenants, she noted that the Board cannot force the current owner to continue the use of the building as an apartment. She said she would also vote in favor. Wood said he has no reservations about this exception in terms of the specific or general standards, and would vote in favor. Board of Adjustment September 13, 2006 Page 5 Shelangouski said she would vote in favor of the exception for the reasons already outlined. Leigh said she has been reassured that the lease terms for the current tenants will be honored if that is their choice. She will vote in favor. VOTE: The motion carried on a vote of 5-0. Leigh said that the decision may be appealed within 30 days after it is filed with the City Clerk's office. OTHER Walz asked for confirmation of Board members' availability for the October 11 meeting. Wood will not be able to attend, and Alexander is uncertain. Holecek said three is still a quorum, so a meeting could be held. Wright said he would not be able to attend that day, either. After discussing availability on various days, the Board members opted to decide on a new date via emall. Walz said she would email the group. Holecek noted that once a special meeting is called, the Chair has the authority to set the schedule. Walz said if the meeting is held a week earlier than planned, she would try to reschedule anything that is not urgent to the November meeting. She asked whether the appeal wouid be considered first. Holecek said it would be set in whatever order the Chair wishes. More lengthy discussions are typically put at the back of the agenda, so other people do not have to wait through that for their part of the meeting. Alexander said she would like to consider the weightier and lengthier items earlier in the meeting. Wright said he has heard some complaints about the meetings starting at 5:00, with people not being able to get to the meeting on time for example. Hoiecek said this has been discussed with a previous Board, but no changes were made. She noted that the meeting start time can be changed if the current Board wishes. Alexander said since some meetings can be long, having an earlier start time is better. Hoiecek added that those who cannot make the 5:00 meeting time can also submit written statements, which go into the evidentiary record and are considered as part of the discussion. ADJOURNMENT MOTION: There being no further business, Wright moved to adjourn. Alexander seconded. Motion carried on a vote of 5-D. The meeting adjourned at 6:00 p.m. s/pcd/minslboa/boa9-13-06. doc I I Board of Adjustment I I Attendance Record 2006 i I I I Term I Name Expires 01111 02/08 03108 04/13 05/10 06/14 07/12 08/09 09/13 I Karen Leil!h 01101107 X X OlE X X X X X X Carol Alexander 01101108 X X X X X X X X X I I Michael Wril'ht 01101109 X X X X X X X OlE X , Ned Wood 01101110 X X X X X X OlE X X M. Shelanl'ouski 01/01111 X X X X X OlE X X X Key: X = Present o = Absent OlE = AbsentlExcused NM = No Meeting