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HomeMy WebLinkAbout2006-12-07 Info Packet I;:; 1 --= -~- ~~4ii~~ -.;;;:.... ~""m~ ....,.... ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET December 7,2006 DECEMBER 11 SPECIAL WORK SESSION ITEMS IP1 City Council Meetings and Work Session Agendas IP2 Memorandum from the Director of Parking & Transit and the Transit Manager to the City Manager: Proposed Route Changes MISCELLANEOUS IP3 Letter from Mayor Wilburn to James Prosser, City Manager Cedar Rapids: Cedar Rapids Police helicopter services IP4 Letter from Patricia McCauley to the City Manager: Consolidated End-of-Year Review, Program Year 2005 IPS Memorandum from the City Clerk: Agenda Items for Joint Meeting IP6 Memorandum from the City Clerk: Setting public hearings IP7 Letter from the JCCOG Traffic Engineering Planner to Residents of the 300 block of Fourth Avenue: Results evaluating traffic calming project on the 300 block of Fourth Avenue IPS Memorandum from the JCCOG Human Services Coordinator: FY07 First Quarter Performance Review of Health and Human Services Agencies that receive Aid-to- Agencies Funding from the City of Iowa City IP9 Memorandum from the Recycling Coordinator: Household hazardous waste mobile collection event planned IP10 Memorandum from Public Works Project Coordinator to the City Manager: Agenda Items IP11 Building Permit Information - November 2006 IP12 City Cares 2006 - City employee holiday donation drive December 11-22. IP13 Research Brief on America's Cities-October 2006 [submitted by Council Member Vanderhoef] IP14 Event: Legislative Open House December 12, 2006 IP15 Agenda Packet: Economic Development Committee: December 12, 2006 December 7, 2006 Information Packet (continued) 2 Letter from Ed Pardini, Mediacom to Mayor Wilburn: KGAN Update [Distributed at 12/11 Work Session] PRELIMINARY/DRAFT MINUTES IP16 Parks and Recreation Commission: November 8,2006 IP17 Public Art Advisory Committee: November 2, 2006 IP18 Human Rights Commission: November 28,2006 IP19 Senior Center Commission: November 21,2006 IP20 Planning and Zoning Commission: November 16, 2006 IP21 Housing and Community Development Commission: November 16, 2006 IP22 Board of Adjustment: November 16, 2006 IP23 Board of Adjustment: November 27,2006 December 7, 2006 Information Packet (continued) 2 IP16 n Commission: November 8,2006 IP17 Public Art Advisory CO IP18 Human Rights Commission: IP19 Senior Center Commission: Nove ber 21,2006 IP20 IP21 Housing and Community Developmen IP22 IP23 Board of Adjustment: N vember 27, 2006 PRELlMINARYIDRAFT MINUTES ,;:; ! -...= -oi:l'... ~~~!:~ ~~ _..,~~ --- - CITY OF IOWA CITY City Council Meeting Schedule and Work Session Agendas IJE:J December 7, 2006 www.icgov.org . MONDAY, DECEMBER 11 6:30p Special Council Work Session . Planning and Zoning Items . Council Appointments . Proposed Route Changes . Transfer of Hwy 1 (Agenda item #9) . Agenda Items . Council Time . Schedule of Pending Discussion Items . Future Meeting Schedule Emma J. Harvat Hall . TUESDAY,DECEMBER12 7:00p Special Formal Council Meeting Emma J. Harvat Hall TENTATIVE FUTURE MEETINGS AND AGENDAS I . MONDAY, DECEMBER 25 Christmas Day - Offices Closed Emma J. Harvat Hall . TUESDAY, DECEMBER 26 Christmas Holiday - Offices Closed Emma J. Harvat Hall . MONDAY, JANUARY 1 New Year's Day - Offices Closed Emma J. Harvat Hall . TUESDAY, JANUARY 2 Meeting Cancelled Emma J. Harvat Hall . THURSDAY, JANUARY 4 8:00a-12:00p Special Budget Work Session Emma J. Harvat Hall . MONDAY, JANUARY 8 6:30p Special Council Work Session Emma J. Harvat Hall . TUESDAY, JANUARY 9 7:00p Special Formal Council Meeting Emma J. Harvat Hall . WEDNESDAY, JANUARY 10 TBD Joint Meeting TBD . MONDAY, JANUARY 15 Martin Luther King Day - Offices Closed Emma J. Harvat Hall . TUESDAY, JANUARY 16 8:00a-5:00p Special CIP Budget Work Session Emma J. Harvat Hall I ~ J --= -~ ~~w~'t:t ~... ~""" ..... .. CITY OF IOWA CITyrnJ MEMORANDUM December 4, 2006 To: Steve Atkins, City manager From: Joe Fowler, Director Parking & Transit ~r<- Ron Logsden, Transit Manager ~\... Reference: Proposed Route Changes In August of this year Iowa City Transit began service on two new routes to serve the City's newer far eastern and western developments. The west side route is unique in that it does not continue to the transit interchange but uses the University of Iowa Hospital Ramp II as its final destination. We believe the fact that this bus does not continue to downtown has resulted in lower than expected ridership. In addition we have received some request from the public to extend this route to the north hospital and downtown. As a result we are proposing the following changes: /lIlAAAJI/ " u.Y VII yvO ~'{v ~ The current west side hospital bus will continue from University Hospital Ramp II to the downtown transit interchange. The bus will no longer pull into the hospital ramp. This change will allow sufficient time for bus to continue to downtown. Currently no other Iowa City Transit buses pull into University Hospital. The current east side bus hospital loop route will be expanded to provide service to Chatham Oaks. There will be no reduction in the number of trips to Chatham Oaks. This change will allow residents to ride to downtown Iowa City without having to switch buses at University Hospital. The current east side express bus will no longer travel on Kenneth or Gustav Streets. We have received several request from residents to make this change and the time saved allows the extension of the hospital loop to Chatham Oaks. In addition to making these changes we are requesting increasing one three-quarter (3/4) time mass transit operator position to full time. Currently there are two three- quarter drivers driving seven hour shifts and not receiving a break. This change will allow us to increase one shift to eight hours and provide a break while reducing the other shift to six hours. If you approve of these changes we will make them effective January 15, 2007. The second semester run pick begins December 18th and we would like to make these shifts available at that time. _._-'.-_._-_.----_."-_.._"_._--_._---"--_.~-'--_._--_.-----".------....--.--.-----.------- I ~ I =:'5._~... !~w~'"t. -..;;;;:.... .....,~ ..... .. ~ CITY OF IOWA CITY ~ 410 East Washington Street Iowa City, Iowa 52240- J 826 (J 19) J56-5000 (J 19) J 56-5009 FAX www.icgov.org December 1, 2006 James Prosser, City Manager City of Cedar Rapids City Hall 50 Second Avenue Bridge Cedar Rapids, Iowa 52401 Dear Mr. Prosser: Re: Response to your letter questioning City of Iowa City financial participation in the Cedar Rapids Police helicopter services This matter was discussed by the city council and we, at this time, respectfully decline to participate. V4-vm Ross Wilburn Mayor Cc: City Council Steve Atkins, City Manager Sam Hargadine, Chief of Police Councilfltr/J .Prosser .doc rnJ "'<;tJlENTOI" ,s'r"?- ~ ~ -Yo ~ JIIOI~I~ * \ \ IlIll 0>.s 0" :<JNOE\JIO-V U.S. Department of Housing and Urban Development Nebraska State Office Executive Tower Centre 10909 Mill Valley Road Omaha, Nebraska 68154-3955 elV'( ~ tJA.1 November 30, 2006 Mr. Stephen J. Atkins City Manager Ci vie Center 410 East Washington Iowa City, lA 52240 Dear Mr. Atkins: RE: Consolidated End-of- Year Review, Program Year 2005 HUD's Office of Community Planning and Development has sought to establish partnerships with state and local governments, The focus of our partnership has been to work with communities to ensure that our joint efforts result in housing and community development programs and policies that benefit and serve low- and moderate-income persons. These efforts occur within the framework of the statutes we administer and the regulations and emerging policies that are designed to improve program performance. The provisions of the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require the annual submission of performance reports by grant recipients receiving federal assistance through programs covered under these Acts. Additionally, these Acts require that a determination be made by the Secretary, that the grant recipient is in compliance with the statutes and has the continuing capacity to implement and administer the programs for which assistance is received. TraditIOnally, these determinations were made through the review of annual reports submitted by grantees for each individual program receiving assistance. With the implementation of the Consolidated Planning Regulations of January 5, 1995, the Department is required to conduct a comprehensive performance review of your overall progress at least annually (24 CFR 91.525). The review consists of analyzing your consolidated planning process; reviewing management of funds; determining the compliance of funded activities with statutory and regulatory requirements; determining the accuracy of required performance reports; as well as evaluating your accomplishments in meeting key Departmental objectives. ACCOMPLISHMENTS We congratulate you on your many accomplishments during 2005 on achieving housing and community development objectives. Some examples are as follows: The city funded eight capital housing projects that provided new and/or improved permanent housing opportunities for low and moderate-income households. The city provided Tenant Based Rent Assistance through the Iowa City Housing Authority who provide rental subsidies to 29 elderly and person with disabilities. 2 Decent affordable housing was provided through the rehabilitation of existing owner-occupied homes and the creation of new housing opportunities. During the year 38 households were assisted in acquiring or remaining in decent housing with HOME funds and 46 households were assisted with CDBG funds. The Iowa City Housing Rehabilitation Program completed 36 projects using $331,251 in CDBG funds. The Rehabilitation Program offers six different programs to low-income homeowners. They include the Emergency Repair Assistance Program, Manufactured Home Repair Program, Exterior Repair Program, Residential Accessibility Program, Comprehensive Home Rehabilitation Program and an Energy Efficiency Program. The Housing Rehabilitation Program also worked with issues related to Lead Based Paint regulations. CDBG funds were provided to three local Human Service organizations; Elder Services Inc., United Action for Youth and MECCA, which assisted 4,927 frail elderly and persons with disabilities, youth and persons with substance abuse. The Iowa City Housing Authority administered approximately 1,213 Section 8 Vouchers in three counties and 85 units in Iowa City. Habitat for Humanity acquired three lots using $161, 027 in HOME funds to construct affordable owner occupied housing. The city provided $144,303 in HOME funds and Low-Income Tax Credits to Whispering Garden for construction of 12 units of affordable rental housing. The city certified that it would provide overall benefit to LMI persons for program year 2005 of at least 70 percent. The actual principal benefit for the year was 100 percent, which exceeds the regulatory standard. Iowa City continues to obligate and disburse its CDBG funds in a timely manner. The City had a balance of 1.15 years of funds unexpended 60 days prior to the end of its 2005 program year. This meets the regulatory standard for timeliness at 24 CFR 570.902. The standard for timeliness requires that no more than 1.5 years of funds remain unexpended 60 days prior the end of the program year. The City met their Commitment and Expenditure Deadlines established under the HOME Program. In conclusion, as a result of our analysis, we have determined that your overall progress in 2005 was satisfactory. This determination is based upon the information available to this office and does not reflect a comprehensive evaluation of specific activities. Should you or your staff have any questions, please contact Mrs. Kim Radice, Community Planning and Development Representative, at (402) 492-3190. Sincerely, ~~a:~ Director Community Planning and Development Division cc: Mr. Steve Long I ~ I -~= -stl ~~w;t:tt -..;;;::,... "'IIIII~ ..... .. CITY OF IOWA CITY MEMORANDU IP5 DATE: December 7, 2006 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk (VtKK RE: Agenda Items for Joint Meeting Johnson County 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 January 10 at 4:30. Please forward any agenda items to me no later than Tuesday, January 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. cc:jointmeetingrequestforitems.doc _._-----_.~--,~--------~._-_.__._--_._---_._~'--------<-..---------.---.----.... I ~ j -....= -~ ~~ai~'t ...-:::..... "'=1' ....... CITY OF IOWA CITY MEMORANDUM o:n DATE: November 30, 2006 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk ~~ RE: Setting public hearings As a result of Council work session discussion I wanted to clarify the procedure for distributing informational materials associated with public hearings. It has been City policy to encourage the distribution of materials in the packet at the time the hearing is held, and not at the time the hearing is set. The materials will be easily available to Council and the public at the time of the hearing rather than in a separate packet distributed previously. Council would have an opportunity to discuss the matter at the work session prior to the hearing and request more information from staff if necessary. Certainly hearings can be continued to another date if Council wishes more input and/or information. Please let me know if you have questions on this procedure. U:agendamaterials.doc November 29, 2006 r:;J I! 1 !~~~'t ~... ~IIII'm""" ..... .. ~ CiTY OF IOWA CiTY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Residents of the 300 block of Fourth Avenue Re: Results evaluating traffic calming project on the 300 block of Fourth Avenue Dear Resident: Last summer the City worked with your neighborhood to develop a traffic calming project in response to neighborhood concerns about traffic speeds in 300 block of Fourth Avenue. The approved project installed two speed humps on 4th Avenue in August 2005. As part of the City's Traffic Calming Program, a follow up survey is required to be completed one year after the installation of traffic calming devices to determine if the neighborhood wants them to remain in place or have them removed. A follow up survey has been completed. There were 7 survey postcards returned out of 15 that were sent. All 7 responses were in favor. One was returned stating no preference and therefore was not counted in the results. 7 postcards were not returned. This is a 100% majority in favor of the speed humps remaining in place. The City Council will be notified of our intention to leave the speed humps in place unless directed otherwise. Thank you for your participation in this process. If you have any comments or questions, please contact me at 356-5254 or anissa-wilfiams@iowa-city.org. Sincerely, Anissa Williams JCCOG Traffic Engineering Planner cc: f. - - City Manager Karin Franklin Jeff Davidson Rick Fosse Ron Knoche Marcia Klingaman Matt Johnson jccogtplltrs/3004Ihave-resurvey.doc ~ ~ ~JCCOG f~ m e m 0 (.... Date: November 27, 2006 To: Iowa City City Council Lind~~ Human Services Coordinator From: Re: FY07 First Quarter Performance Review of Health and Human Services Agencies that receive Aid-to-Agencies Funding from the City of Iowa City . Last year the JCCOG Urbanized Area Policy Board approved changes to the JCCOG program of services. A specific request was to have the Human Services Coordinator collect and review quarterly performance information reported by the agencies that receive funding from Coralville, Iowa City, and Johnson County. Each quarter JCCOG will issue a summary report assessing agency performance; this is the first report. The human service agencies received instructions on what information is to be submitted each quarter at a meeting held in June 2006. The quarterly reporting includes the mission statement of the agency; a brief description of services provided; and 2 - 3 measurable goals/objectives that the agency can be assessed on throughout the fiscal year. Also, agency board minutes and financial reports are submitted each quarter. The City of Iowa City provides financial support to local human services agencies through the Aid-to-Agencies allocation in the annual budget. For FY 07, the amount was $446,973.00. The sources of funding are the general fund ($305,923), Community Development Block Grant ($105,000), and Water & Wastewater Utility Bill Abatements ($36,050). Thirteen agencies, two specific programs, STAR (Shelter House) and Youthworks (UAY) and the Johnson County Juvenile Justice Youth Develgpment Collaborative received funding. The annual amount given to each agency ranges from $2,000 to $63,049. Also, included is a small contingency fund ($13,436) that is available for emergencies or unexpected expenses that may come up during the year with the approval of the City Manager. Attached you will find the first quarter FY07 assessment of each human service agency that receives funding from the City of Iowa City. If you have any questions or need additional information, please contact me at 356-5242 or Iinda-severson@iowa-cityorg. cc: Steve Atkins Jeff Davidson Karin Franklin jccoghsfmem/FY07.1 stqtagencyreview. doc Agency: Community Coordinated Childcare (4C's) FY07 Funding: Iowa City $2,000 Coralville $2,140 Mission: 4Cs promotes the well-being of children by assisting families, child care providers, employers and others with their child care needs. We address challenges to the community's child care systems and serve as a resource for the development of new programs. Goals and Progress: 1. 4Cs will increase availability and quality of child care environments through our child care provider support services. Progress: . 4Cs has 150 child development home providers listed. . 4Cs has trained 567 home and center-based child care providers this quarter. 2. 4Cs will increase resources, opportunities to learn, community collaborations through our family and community support services. Progress: . 4Cs has provided 285 child care referrals to families in Johnson County this quarter. . 4Cs has sent 265 new expanded parent packets to families looking for childcare this quarter. . 4Cs has been involved in 10 formal community collaborations this quarter. 3. 4Cs will increase the well-being of children, resources to parents, and family resiliency for children and families served by our 4Cs Home Ties Child Care Center. Progress: . 4Cs Home Ties Child Care Center has provided child care for 37 children . 4Cs Home Ties Child Care Center has assisted 26 families in setting their goals and offered referrals to community resources. Number of People Served: Iowa City: 1,956 Coralville: 260 (all programs) Agency: American Red Cross - Grant Wood Chapter FY07 Funding: Iowa City $5,340 Coralville $1,300 Mission: The mission of the American Red Cross is to assist victims of disasters and help people prevent, prepare for, and respond to emergencies. Goals and Progress: Emergency Services 1. Move households out of disaster crisis in a timely manner, and reduce the financial and emotional impact by providing disaster relief assistance. 2. Ensure adequate and consistent response to local response to local disasters. 3. Provide emergency communications, crisis support and information to Armed Forces personnel, veterans and their family members. Progress: . There were no disasters that Red Cross responded to this quarter. . Provided 23 Armed Forces Emergency Assistance Communications. . Trained 7 Emergency Services Volunteers. Health Services 1. Educate individuals living in Johnson County to prevent, prepare for, and respond to accidents and medical emergencies. 2. In partnership with the Blood Region, collect blood for human needs, increasing the units in Johnson County. Progress: . In the first quarter, 370 people were trained in Automated External Defibrillators (AED). Other life-saving training (Adult, Infant and Child CPR, First Aid, Baby-sitting's training, Life guarding and Water Safety) was taken by 1,072 people. . 64 units of blood were collected. Number of People Served: Iowa City: 622 Coralville: 412 (These figures are based on clients who received services that provide us with information, it doesn't include those for whom we do not solicit these statistics or those who chose not to provide this information). 2 Agency: The Arc of Johnson County FY 07 Funding: Iowa City $2,000 Coralville $2,150 Mission: The Arc of Johnson County's fundamental mission is to serve people with developmental disabilities. We assist people in their communities - helping them realize their full potential in how they live, learn, work and play. Goals and Progress: Summer camp for adolescents (12 served summer of 2006). 1. Provide a safe, stimulating, age-appropriate space for adolescents with special needs during the summer months. Progress: . The Arc, in collaboration with the Iowa City Parks and Recreation Department, provided an eight week camp during the summer. Staff to camper ratio was 1 :3. 2. To integrate adolescents with special needs into community settings - through service leaning projects and other activities with non-disabled peers. Progress: . Camp curricula was set up to include weekly service learning projects at Hy-Vee stores, the Crowded Closet and the Crisis Center Food Bank. . The camp also integrated with the IC Parks and Recreation camp on several days. . Field trips in the community were also offered. 3. To teach adolescents with special needs skills about healthy living-focusing on raising self-esteem, social relations with others, and physical fitness. Progress: . Swimming was integrated into the daily schedule along with outdoor games and activities. . Another focus was working together in teams, making friends, and supporting each other. Number of People Served: Iowa City: 157 Coralville: 28 (all programs) Remarks from the JCCOG Human Services Coordinator: This program helps to fill a gap in summer activities for teens that have disabilities - a group that is often too old for daycare but too young for vocational training programs but still need a significant amount of supervision. This was the second summer for offering this program. The Arc is researching resources for future stable funding. This will be the only report from the Arc since funding was used for summer programming. 3 Agency: Big Brothers Big Sisters of Johnson County FY 07 Funding: Iowa City $35,436 Coralville $4,760 Mission: The mission of Big Brothers Big Sisters of Johnson County is to advocate for a strong community through positive adult/youth relationships by providing opportunities for youth to develop a sense of self worth and responsibility. Goal and Progress: To match at-risk youth residing in Johnson County with adult volunteers in long- lasting professionally supported mentoring relationships. Progress: . One-to-one mentoring services were provided to all kids match in the Community Based and School Based programs. Staff checks in with each match on a monthly basis if the match is less that one year in length and on a quarterly basis for matches over one year. These check-ins provide staff with information about the match - successes, challenges, etc. The professional Match Support specialist will then take that information and work with volunteer, child and family to determine future match goals. . A Program Outcome Evaluation (POE) is conducted with all matches after one year. The POE is meant to provide staff with data to rate the success of the match and the improvement in a child's life. A recent tabulation of these results gave the following information: Kids matched in our mentoring programs for over one year: Mentorlng Outcomes: Improvements Demonstrated in the Following Categories Trust Given to Volunteer 97% 93% 83% Ab~ity to Avoid Substance Abuse Self-Confidence Relationships with Adults School Perforrrence 630/.. "57% 0% 20% 40% 60% 80% 100% Number of People Served: Iowa City: 305 Coralville: 46 Remarks from the JCCOG Human Services Coordinator: For the first time, BB BS has a waiting list of volunteers. With so many matches currently open, staff is stretched to properly supervise each match (which is key in maintaining a quality relationship) and can not make new matches without an additional staff. 4 Agency: Crisis Center of Johnson County FY 07 Funding: Iowa City $38,575 Coralville $6,955 Mission: The Crisis Center provides basic emotional and material support through trained volunteers and staff in an accessible, nonjudgmental and caring environment. The Crisis Center responds immediately, effectively, and compassionately as it has since its establishment in 1970. Goals: 1. 85% of clients communicate satisfaction or express appreciation for services (phone hotline). Progress: . 94% of clients satisfied with services. 2. Provide 7000 crisis intervention counseling contacts through the 24 hour hotline Service (1,750 per quarter). Progress: . Provided 2,399 crisis intervention counseling contacts on hotline. 3. Provide households with food assistance during 30,000 client contacts (7,500 per quarter). Progress: . Provided food assistance during 9,230 client contacts. 4. Evaluate the needs and concerns of 4,000 households and provide on-going support (1,000 per quarter). Progress: . Evaluated 1,096 household needs through Help at Hand case management. 5. 95% of households that identify food as a need indicate that they are better equipped to meet their food needs. Progress: Not evaluated this quarter. Number of People Served: Iowa City: 1,830 households Coralville: 418 households (These do not include the 2,300 contacts on the 24 hour telephone hotline.) 5 Agency: Domestic Violence Intervention Program (DVIP) FY 07 Funding: Iowa City $50,687 Coralville $3,968 Mission: Our mission is to end domestic violence in our communities through support, advocacy, shelter, and education. The DVIP was established in 1980 and was founded on the belief that everyone has the right to live free of fear and harm. Goals and Progress: 1. Adults and youth clients of DVIP will be able to identify a safety plan. Progress: . 99% of adult and 82% of youth participants completed a safety plan outcome measure form. 2. Adult and youth clients of DVIP will be able to identify three abusive tactics on power and control wheel. Progress: . 94% of adult and youth participants completed a power and control outcome measure form. 3. Adult clients will be able to identify two new resources they didn't know about before contacting DVIP. Progress: . 87% of adult clients were able to list at least two new resources that they learned about while at DVIP. Number of People Served: Iowa City: 311 Coralville: 57 6 Agency: Elder Services, Inc. FY 07 Funding: Iowa City $58,839 Coralville $3,704 Mission: Elder Services, Inc. (ESI) is a non-profit agency that assists person over 60 residing in eastern Iowa to live independently and be productive members of the community. Goals and Progress: 1. Ensure that all frail older adults and persons with disabilities served by the case management program are receiving appropriate services. and assistance to enable them to remain in their home. Objectives: . To adequately serve case management clients, ESI will maintain case Management staff of at least 3 FTEs. . ESI staff will complete a comprehensive assessment of needs within 5 days of receiving a referral. . Participants in the Case Management program will remain in their home at least an average of 18 months. Progress: . Maintained a case management staff at 3 FTEs. . Currently ESI is serving older adults within one day of receiving the referral. . Participants were in the program for an average of 28 months. 2. Elder Services shall increase the number of older adults, children, and persons with disabilities they serve in programming. Objectives: . ESI shall provide services to a minimum of 1300 people in FY 07. . ESI shall create and implement an informational campaign to inform people which services are available to older adults. Progress: . First quarter, served 1,208 people in Johnson County. . An Information and Marketing Committee has been formed to develop plans on how to inform people of ESI services. Number of People Served: Iowa City: 902 Coralville: 116 7 Agency: ICARE FY 07 Funding: Iowa City $8,953 Coralville $1,210 Mission: ICARE's mission is to enrich the quality of life for persons living with and affected by HIV/AIDS. Through the distribution of information and services, we aim to foster the self-empowerment necessary to live productively and positively in the face of HIV/AIDS. Goals & Progress: 1. Improved quality of life for individuals living with HIV/AIDS Objective: . Provide case management services to secure needed resources for individuals living with HIV/AIDS Progress: . Provided case management services to 24 Johnson County clients. . Now using a standardized assessment developed by a committee of case managers from AIDS service organizations across Iowa. This tool will allow ICARE to assess client strengths and needs in nine major areas and will assist in creating client-centered care plans and provide for greater referral opportunities. Objective: . Provide support services to people impacted by HIV/AIDS Progress: . Offer a monthly activity group with the goal of building a community for emotional and social support for person infected with HIV/AIDS. . Coordinating a group with Rapids AIDS Project (Cedar Rapids) to provide support specifically to women living with HIV/AIDS. . The 24-hour phone line for information, counseling and referrals continues. 2. Reduce transmission of HIV/AIDS Objective: . Provide information regarding HIV/AIDS to 500 community members in FY 07 through education and prevention activities. Progress: . Reached 94 people through our education and prevention activities such as health fairs and conferences. Number of People Served: Johnson County: 24 for case management 8 Agency: Iowa City Free Medical Clinic FY 07 Funding: Iowa City $ 6,400 Coralville $2,076 Mission: The Iowa City Free Medical Clinic is a private nonprofit corporation, providing quality health care to the underserved of Johnson County. Goals & Progress: 1. Free Medical Clinic (FMC) will provide Case Management Services for the Chronic Care patients. Objective: . Assist 200 clients (minimum) with ongoing support services such as ensuring client has the appropriate medication, equipment, education and follow-up appointments with the primary physician and any necessary specialist. Case Manager will screen and enroll new clients in the case management program. Progress: . 233 patients were served by the case management program this quarter. Objective: . 90% of diabetic patients will receive a glucometer and testing supplies. Progress: . 39 glucometers and/or diabetic test strips were given to patients. 2. FMC will provide access to a Tobacco Cessation Program to all patients. Objective: . 100% of FMC patients who use tobacco will be advised of the merits of tobacco cessation, and offered enrollment in the FMC Tobacco Cessation Program (TCP). 25 patients will be enrolled in TCP. Progress: . All patients seen were informed about merits of tobacco cessation and 4 patients are currently enrolled in the TCP program. 3. FMC will provide specialized, limited health and ancillary services to eligible patients. Objective: . 70% of eligible women will be referred for free annual mammograms through the Visiting Nurses Association. . To provide vouchers for medication, eyeglasses, hearing aids and cancer prevention for 300+ FMC clients. Progress: . 18 mammograms were provided. 9 . 127 vouchers were written for medication, eyeglasses or hearing aid assistance this quarter. Number of People Served: Iowa City: 371 Coralville: 98 Remarks from the JCCOG Human Services Coordinator: Patients and volunteers have expressed how nice the new facility (Towncrest Dr.) is. 10 Agency: Mayor's Youth Empowerment Program (MYEP) FY 07 Funding: Iowa City $20,600 Coralville $3,045 Mission: Provide support and advocacy to youth and their families who face barriers to independence. Goals & Progress: 1. To increase the level of employability for at-risk youth in Coralville, Iowa City, and Johnson County through the MYEP Youth Employment Services (YES) program. Objectives: . Provide job readiness services to 85 at-risk youth in the county. . Present 6 job readiness workshops for at-risk youth. . Assist 55 at-risk youth to secure and maintain employment for 3 months or longer. Progress: . MYEP served 23 at-risk individuals in Coralville, IC and Johnson County through the Youth Employment Services program. All individuals were served on a one-to-one basis. No workshops were held during this quarter as it is more difficult to encourage youth to attend during the summer. These will be offered during the school year. 2. To increase the level of vocational independence for at-risk youth through the Youth Employment Services (YES) by expanding the business collaborations utilized as job sites. Objectives: . Presentations to 2 new employers per month regarding YES. . Develop 10 new worksites for subsidized and non-subsidized employment for at-risk youth. Progress: . 10 at-risk youth maintained employment for three months. MYEP presented to 4 new business entities. . A successful competitive placement was made with one of the new business entities (1 out of 10 new worksites for the year). Number of People Served: Iowa City: 18 Coralville: 3 Remarks from the JCCOG Human Services Coordinator:: MYEP is not quite meeting objectives in terms of numbers in several of their goals/objectives. An example is the presentations to new employers. Will monitor this. 11 Agency: Mid-Eastern Council on Chemical Abuse (MECCA) FY 07 Funding: Iowa City $28,879 Coralville $2,371 Mission: To enhance the health of individuals and communities through community-based substance abuse, mental health and other health services. Goals & Progress: 1. A minimum of 70% of clients will be discharged having successfully completed services (discharge reason 21 or 22 from SARS reporting). Progress: . For the first quarter, 72% of clients were discharged having successfully completing services. 2. Less than 15 % of residential clients will leave residential treatment services against MECCA's advice. Progress: . The Against Clinical Advice (ACA) discharge rate was 18% for the first quarter. Number of People Served: Iowa City: 314 Coralville: 103 12 Agency: Neighborhood Centers of Johnson County FY 07 Funding: Iowa City $60,000 Mission: Neighborhood Centers of Johnson County is dedicated to building a better future for people in neighborhoods through programs that educate, strengthen families and create a sense of community. Goals & Progress: 1. Children will develop social, emotional, aesthetic and artistic, physical and intellectual skills along a developmental continuum designed to strengthen and improve their chances of achieving success in school and life. Progress: . 12 pre-school age children were enrolled in the PREP program (a summer enrichment program for children entering kindergarten in the fall who have been identified as not having skills needed for school success). Using the Kindergarten Skills Assessment (evaluating readiness and basic skill mastery) prior to enrollment, the students had undeveloped skills in classroom rules, work skills and social behavior skills. At the end of the summer program, there was an average of 76% increase in these skills sets. There was an 82% gain in understanding and use of classroom rules - an area of particular concern to kindergarten classroom teachers. 6 PREP children were referred for additional services or screenings. . For K-12th grade children, Neighborhood Centers assisted 122 youth from Broadway and Pheasant Ridge centers to register, secure scholarships and transportation for summer school. All 122 completed summer school coursework. . A full-day summer camp was offered to over 100 elementary-aged youth. Programming included breakfast, summer school, lunch and afternoon activities such as swimming, Group Activity Program (GAP) curriculum, and park programming. 2. Adults will strengthen their networks of support, work toward developing life skills necessary for achieving their personal goals and meeting their diverse needs. Progress: . A group of nursing students is focusing on diabetes in the Sudanese community and doing home visits to share information and assistance. Members of the Sudanese community are taking the lead on this project, including accompanying students on home visits. . Began a Support Group for Latino Families for parents and children birth- 5 in Forest View and Regency Trailer Parks. A literacy program is offered at Forest View. The family support 13 worker translated the school handbook and led a visit to the elementary school. 12 adults are involved in English as a Second Language (ESL) classes. Number of People Served: 1221 in Johnson County 14 Agency: Rape Victim Advocacy Program (RVAP) FY 07 Funding: Iowa City $11,232 Coralville $3,084 Mission: The Rape Victim Advocacy Program (RVAP) provides confidential and accessible advocacy, support and information to victim/survivors of sexual abuse and their loved ones. We present sexual abuse prevention and educational programming, and work to create safe communities by promoting social change. Goals & Progress: 1. Maintain current direct services to victims and their loved ones. Objectives: . Identify new resources for victim/survivors and their significant others. . Include new material on the RVAP website. . Provide counseling to victim/survivors. . Provide counseling and resources to victims' families and friends. Progress: . Served 81 Johnson County sexual assault victims and 34 new clients receiving counseling. . On website, added: . A privacy feature - an "escape" button which allows the reader to quickly disguise the website should they not want someone to know they were on a site about sexual assault. . Updated pages and resources for male sexual assault survivors. . A comprehensive section on sexual harassment. . Several new books added to the lending library. A student is working with rural county libraries to establish an inter-library loan program so that books from the RVAP library can be made available to rural residents through their local library. 2. Improve services to people with disabilities (Phase One [development phase] has been completed). Objectives: . Cross train RV AP staff and area agencies serving people with disabilities. . Identify curricula and conduct risk reduction skill groups. 15 . Conduct an evaluation of agency accessibility for people with disabilities. Progress: . A rehab counseling student is researching how sexual assault impacts people with disabilities. . Working with Task Force members to identify a population that would benefit form a psycho-educational support group. (start date is Jan. 07). . Consulted with a local agency that was responding to a client who was sexually assaulted in a residential facility. . Provided hospital advocacy to three sexual assault victims that had cognitive disabilities. 3. Implement the outreach program to Spanish-speaking populations. Objectives: · Hire a bilingual staff member. . Network with Spanish-speaking organizations and communities. . Develop Spanish web content. . Recruit, screen, and train Spanish-speaking volunteers for the Rape Crisis Line. . Provide additional cultural competency training to RV AP staff. Progress: . A bilingual staff person was hired in August. She is a native Spanish speaker who is an excellent speaker and translator, both oral and written. . Provided RVAP staff with training on culture and issues specific to Latina/o communities and how that relates to providing services to those communities. . Translated the Iowa Sexual Abuse Hotline brochure, volunteer recruitment brochure and flier, and service pamphlet into Spanish. . Translated information under "Recursos en Espanol" on website. . Established contact with several groups that serve the Latina/o population - the Amigos del Immigrante group and owners of several businesses that are frequented by the Latina/o community. . Completed a survey of current RVAP volunteers to determine interest, skill, and ability to assist in providing services in Spanish. 16 Number of People Served: Iowa City: 1.295 Coralville: 425 Remarks from the JCCOG Human Services Coordinator: Reaching out to different underserved populations to provide services. 17 Agency: Shelter House and the Star Program FY 07 Funding: Iowa City Shelter House $16,899/STAR $6,147 Coralville $2,006 Mission: Shelter House provides shelter, basic and transitional resources, while encouraging self-sufficiency, to any person in our community experiencing homelessness. Goals & Progress: 1. Increase Residential Stability Progress: . 60% of clients participating and completing the In-House Counseling Program (required of anyone staying beyond a short term time) exited to more permanent housing placements. In the STAR program, over 80% of all clients secured more permanent housing at the point of exit. 2. Increased Skills and/or Income Progress: . 53% of adults increased income upon exit from the In-House Counseling Program. 11 % of the STAR clients are getting their GED and 10% have received professional certifications such as Certified Nursing Assistant and participant income has increased by 150%. 100% of all STAR participants exited the program with an income. 3. Increased Participation in Mainstream Resources (e.g. food stamps, rental assistance) Progress: . For clients participating in the In-House Counseling program, the number of individuals engaged and receiving mainstream resources increased by 40%. Two veterans who entered the program were not receiving any VA benefits and upon exit, both were receiving full veteran's benefits. Some clients who have received mainstream benefits have had reduction due to employment which increases their earned income. 4. Increased Participation in the Workforce. Progress: . In-House Counseling clients have had a 70 % increase in the number of individuals participating in the workforce. In the STAR program 80% are participating in the workforce. Number of People Served: Iowa City: 248 Coralville: 41 18 Agency: United Action for Youth (UAY) and Youthworks FY 07 Funding: Iowa City UAY $63,049fYouthworks $16,000 Coralville $3,640 Mission: The mission of UAY is to assist youth and families in helping themselves to a healthy future. We do this by offering youth development, counseling and prevention programs that make use of young people's talents, creativity and energies. Goals & Progress: Runaway Youth Programs: 1. Reunite youth with their families and encourage the resolution of intrafamily problems through counseling and other services. Provide Individual counseling to youth; provide family counseling and mediation to youth and families; provide group counseling. Progress: . 48 youth enrolled in the programs for runaway youth. . 91 crisis contacts . 83 family counseling contacts . 60 individual counseling sessions . 28 placements in alternative safe living arrangements Youthworks 1. Identify and enroll 25 eligible youth annually. Progress: . 8 youths were recruited for the summer session (which laps 2 fiscal years) and 9 were recruited for the October class. 2. 70 % of youth will complete classroom work and practice work Progress: . 62% of the summer class completed classroom work and 50 % completed practice work. 3. 80 % of youth who completed the classroom portion will demonstrate improved knowledge of job search skills, workplace conduct, work problem solving as demonstrated by pre & post test scores. Progress: . 100% of the youth who completed classroom demonstrated significant improvement in knowledge of employment skills. 19 4. 50% of youth who enroll will complete an internship. Progress: . 30% of enrolled youth completed an internship this quarter. 5. 75% of youth who complete an internship will secure employment within 6 months. Progress: . One youth who completed his internship is now employed at the site. Number of People Served: Iowa City: 473 Coralville: 67 20 Agency: Johnson County Juvenile Justice Youth Development Collaboration FY 07 Funding: Iowa City $2500 Mission: To enhance communication, increase awareness of services and facilitate early intervention efforts among law enforcement, the juvenile justice system, schools, and agencies in Johnson County. Goals and Progress: 1. Increase accessibility of community resources to low-income youth and their families. Progress: . The Collaboration purchased Iowa City summer youth bus passes and swim passes (at reduced rates). The bus passes assisted youth in traveling around the community and the swim passes encouraged positive participation and exercise at Iowa City's swimming pools. Remarks from the JCCOG Human Services Coordinator: Since the funding was utilized for summer activities, this will be the only report from the collaboration. 21 General Remarks from the JCCOG Human Services Coordinator: All the agencies that receive funding from Iowa City and Coralville have made progress on their stated goals and objectives. There are a few concerns regarding numbers (either individuals served or programs offered) which will be reviewed closely in the second quarterly performance reports and agencies will be contacted to discuss concerns. A number of agencies are reaching out and offering services to different groups (Latina/o, Sudanese, and persons with disabilities). Several groups (DECAT, youth services providers, JC Juvenile Court Services) have identified a gap in youth pre-employment and employment resources. A meeting was held in June and information was shared about different resources and eligibility. The Aid-to-Agencies committee is scheduled to meet on December 15th to start discussion and recommendations for FY 08 allocations. At that time we will be meeting with Amy Correia, the JC Social Services Coordinator to discuss youth employment issues, options, and resources. jccoghsfFY071stqlagencyreview part2.doc 22 I ~ 1 ---= -e:t !~~!:8lt ,,--... ,.1III.' ......... CITY OF IOWA CITY~ MEMORANDUM Date: Tuesday, December 5, 2006 Re: City Council Jennifer Jordan, Recycling Coordinator Household hazardous waste mobile collection event planned To: From: The Landfill and Recycling Center, in conjunction with the Ty N Cae Neighborhood Association, has scheduled a household hazardous waste (HHW) mobile collection event for Saturday, December 9, 2006. The event, directed at the citizens of the Ty N Cae Neighborhood Association and several adjacent housing developments, will be held in the parking lot of the All Nations Baptist Church located at 1715 Mormon Trek Boulevard. Landfill staff has worked with the Neighborhood Services Coordinator and the neighborhood association contact person to advertise the event and take appointments from Ty N Cae residents. Landfill staff has the capability to take materials from approximately 40 residents using the HHW truck and trailer obtained in 2005 through a Department of Natural Resources grant. Based on previous collection events, staff expects between 75 and 95 pounds of household hazardous waste per appointment. Spring household hazardous waste mobile collection events are currently being planned for the Washington Hills and Creekside Neighborhood Associations. Other interested neighborhoods may contact me to initiate planning an event. I would be happy to provide a summary after the collection event. In the meantime, please let me know if you have any questions. I can be reached in my office at 887-6160, on my mobile at 321-6539, or via email at iennifer-iordan@iowa-citv.orq. City of Iowa City MEMORANDUM I][] Date: December 6, 2006 'J.; To: Steve Atkins / ~f\'c} ~1;1-~ From: Kim sandbero/ ~ Re: Agenda Items The following are costs associated with the Ca~itallmprovement Projects being presented for acceptance at the December 1i Council meeting: 1) Dubuque Street / Foster Road Intersection Improvements Contractor: Metro Pavers, Inc. .:. Project Estimated Cost: $ 2,250,000.00 .:. Project Bid Received: $ 1,941,285.45 .:. Project Actual Cost: $ 1,950,418.32 Outside Funding: .:. STP Funds $ 1,545,828.26 2) IA Hwy 1/ US 218 Ramp Signalization & IA Hwy 1/ Kitty Lee Rd. Right Turn Lane Contractor: Streb Construction Co. .:. Project Estimated Cost: $ 403,000.00 .:. Project Bid Received: $ 419,361.65 .:. Project Actual Cost: $ 411,972.72 Outside Funding: .:. USTEP Funds $ 226,585.00 ~ ~ 02,.04' s\\~ ~~ ~ .' -. .... ... .' BUILDING PERMIT INFORMATION November 2006 KEY FOR ABBREVIATIONS . Type of Improvement: ADD - Addition ALT - Alteration REP - Repair FND - Foundation Only NEW - New OTH - Other type of construction Type of Use: RSF - Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAe - Residential Accessory Building MIX - Mixed NON - Non-residential OTH - Other Page: 2' City ofIowa City Date : 12/1 /2006 Extraction of Building Permit Data for To: 11/112006 Census Bureau Report From; 1]/30/2006 ill..;; ill..;; Penn it Number Name Address Imof Use Stories Units Valuation BLD06-00812 IOWA CITY COMMUNITY S( 290 I MELROSE AVE ADD NON 2 $4,049,800 MUSIC ROOMS ADDITION FOR HIGH SCHOOL BLD06-00779 PLUMBER'S SUPPLY 76 COMMERCIAL DR ADD NON 2 $2,300,000 W AREHOUSE/OFF]CES ADDlT]ON BLD06-00784 ND REAL ESTATE LLC 2790 N DODGE ST ADD NON 2 $7,443 EXTEND GAS ISLAND CANOPY Total ADD/NON permits: 3 Total Valuation: $6,357,243 BLD06-00893 DEAN A COULTAS 1917 CALIFORNIA AVE ADD RAC $800 STORAGE ADDITION FOR ATTACHED GARAGE Total AD D/RA C permits: 1 Total Valuation: $800 BLD06-00880 STEVE SCHOMBERG 85 ARBOR HILL CIR ADD RDF $3,900 DECK ADDlT]ON FOR RDF UN]T OPDH-8 ZONE BLD06-00845 JOHN'S GROCERY ] ]06 HOTZ AVE ADD RDF 2 $700 DECK ADDITION FOR RDF Total ADD/RDF permits: 2 Total Valuation: $4,600 BLD06-00888 EASTSIDE INVESTORS LLC 39 MONTGOMERY PL ADD RMF 2 $46,960 BASEMENT FINISH AND 4 SEASON PORCH FOR RMF UNIT OPD-5 ZONE BLD06-00904 EASTSIDE INVESTORS LLC 3] MONTGOMERY PL ADD RMF 0 0 $37,509 BASEMENT FINISH AND SCREEN PORCH FOR RMF UNIT OPD-5 ZONE BLD06-00903 EASTSIDE INVESTORS LLC 35 MONTGOMERY PL ADD RMF 0 0 $29,394 BASEMENT FIN]SH AND SCREEN PORCH FOR RMF UNIT OPD-5 ZONE BLD06-00737 JIM BUXTON 946 IOWA AVE ADD RMF 3 9 $2,000 FRONT & WEST DECK FOR RMF Total ADDIRMF permits: 4 Total Valuation: $115,863 BLD06-00866 SARAH R]CHARDSON 5]9 S SUMM]T ST ADD RSF $160,000 ADDITION FOR SFD BLD06-00882 B]LL BERNAU ]0 OAKRlDGE AVE ADD RSF 2 $] 48,000 GARAGE ADDITION FOR SFD BLD06-00878 ROMY BOLTON & JULIE Me 302 W PARK RD ADD RSF $120,000 ADDITION FOR SFD BLD06-00799 HARRY ALDERMAN 2105 CALIFORNIA AVE ADD RSF 2 $46,644 ADDlT]ON FOR SFD BLD06-0089 I ALBERT & JANE KLlTZKA 2305 HOLLYWOOD BLVD ADD RSF $36,] 74 ADDlT]ON FOR SFD BLD06-00846 STEVE V AN DER WOUDE 834 N JOHNSON ST ADD RSF $30.000 COVERED PORCH ADDlT]ONS FOR SFD Page: Date : To: From: 3 12/1/2006 11/1/2006 11/30/2006 City ofIowa City Extraction of Building Permit Data for Census Bureau Report Permit Number Address Name BLD06-00834 ROBERT CHAMETZKY 736 WHEATON RD 3 SEASON PORCH ADDITION FOR SFD BLD06-00872 RAY FAGENBAUM 103 BOWLING GREEN PL I CAR A TTACHED GARAGE ADDITION FOR SFD BLD06-00800 JANICE BAUMBACK 705 DIANA CT CARPORT ADDITION FOR SFD BLD06-00858 CRAIG FOBIAN 938 COTTONWOOD AVE GARAGE ADDITION AND EGRESS WINDOW- GARAGE DENIED-PERMIT FOR WINDOW ONLY & ELECTRICAL SERVICE BLD06-00847 KITTY LAKE 911 SOUTHLA WN DR DECK ADDITION FOR SFD BLD06-00833 GEORGE WAGNER 918 N DODGE ST DECK ADDITION FOR SFD Total AD D/RS F permits: 12 ~ ~ ImDr Use Stories Units Valuation ADD RSF $20,720 ADD RSF $17,700 ADD RSF 2 $15,750 ADD RSF $2,250 ADD RSF $2,000 ADD RSF $700 Total Valuation: $599,938 ALT NON $200,000 ALT NON $50,000 ALT NON 9 $5,500 ALT NON $4,000 ALT NON $3,000 ALT NON $2,500 ALT NON $1,500 Total Valuation: $266,500 BLD06-00859 S & M EAST LC 1550 S 1ST AVE REMODEL & CHANGE OF USE TO SALON TEACHING SCHOOL BLD06-00848 PROCTER & GAMBLE 2200 LOWER MUSCA TINE RELOCATE TRAILER FOR FACTORY BLD06-00654 MICKEY'S IRJSH PUB II S DUBUQUE ST Construct a second exit BLD06-00828 IOWA VALLEY HABITAT FC 2401 SSCOTTBLVD CLOSE OVERHEAD DOORS WITH WINDOWS BLD06-00822 CARLOS & CARMEN LASEPI 1937 KEOKUK ST RESTAURANT IN EXISTING COMMERCIAL BUILDING BLD06-00841 ROY L CHOPEK AMERJCAN 3016 MUSCATINE AVE ADD EXTERJOR EXIT DOOR BLD06-00850 RAYMOND JAMES FINANCI 310 E BURLINGTON ST JOIN TWO LEASE SPACES TOGETHER BY ADDING DOORS Total AL T/NON permils: 7 BLD06-00869 JIM BUXTON CHANGE FLA T ROOF TO PITCHED ROOF 946 IOWA AVE ALT RMF $1,200 Total AL T/RMF permits: 1 $1,200 Total Valuation: BLD06-00854 SOUTHGATE DEVELOPMEN 91 CHARLES DR ALT RSF 2 BASEMENT FINISH FOR SFD BLD06-00825 JIM BUXTON 1708 E COLLEGE ST AL T RSF BASEMENT FINISH FOR SFD BLD06-00860 SOPHIE JOL Y 619 RONALDS ST AL T RSF I I ADD WALL TO SEPARATE LAUNDRY FROM REMAINDER OF BASEMENT, WATERPROOF AND DRYWALL EXTERIOR WALLS. BLD06-00875 JERRY BUSH 789 KESWICK DR ALT RSF REMOVE BEARING WALL AND REMODEL KITCHEN $17,800 $15,000 $12,600 $10,350 page: Date : To: From: 4 12/1 /2006 11/1/2006 11/30/2006 City ofIowa City Extraction of Building Permit Data for Census Bureau Report Permit Number Name BLD06-00734 JASON CLARK BASEMENT FINISH FOR SFD OPD-8 ZONE BLD06-00767 JAMES & MARY PRATT EGRESS WINDOW IN BASEMENT BLD06-00853 LIPS IUS, DARCY J WOOD-BURNING FIREPLACE INSERT BLD06-00824 LONG, ANDREW BASEMENT FINISH FOR SFD BLD03-01026 WESTWINDS REAL ESTATE Enclose carport BLD06-00832 RICK STEPHENSON FINISH BASEMENT ROOM HOMEOWNER ELECTRICAL Address 2247 CAE DR 2525 POTOMAC DR 1029 E MARKET ST 703 KIMBALL AVE 333 DOUGLASS ST 853 ST ANNES DR ~ Imor ALT ~ Use RSF Stories 3 Units 9 Valuation $7,500 ALT RSF 3 $7,000 9 ALT RSF $4,875 2 ALT RSF $3,500 ALT RSF o $800 ALT RSF $400 Total AL T/RSF permits: 10 Total Valuatioo : $79,825 NEW RAC 2 $17,000 NEW RAC 9 $12,000 NEW RAC 9 $12,000 Total Valuation: $41,000 NEW RDF 2 $350,295 BLD06-00804 STACY V AN ZANTE 1168 HOTZ AVE DETACHED GARAGE FOR SFD BLD06-00651 KELLER, MILDRED 721 E COLLEGE ST REPLACE DETACHED GARAGE FOR RMF DAMAGED BY STORM BLD06-00675 JOSEPH A CODR 805 E WASHINGTON ST REPLACE DETACHED GARAGE DAMAGED IN STORM Total NEW/RAC permils: 3 BLD06-00907 FRANTZ CONSTRUCTION C< 1441 BUCKINGHAM DUPLEX WITH ATTACHED 2 CAR GARAGES OPD-5 ZONE 1441-1445 BUCKINGHAM PLACE Total NEW/RDF permits: I $350,295 Total Valuation: BLD06-00648 JOHNSON CO. PERMANENT 4435 MELROSE AVE NEW RMF 9 PLEX APARTMENT BUILDING WITH COMMUNITY/COUNSELING COMMON AREA BLD06-00649 JOHNSON CO. PERMANENT 4455 MELROSE AVE NEW RMF 9 PLEX APARTMENT BUILDING WITH COUNSELING/COMMON AREA 9 $565,000 9 $565,000 Total NEW/RMF permits: 2 Total Valuation: $1,130,000 BLD06-00838 GARY FRAKES 92 WHITE OAK PL SFD WITH ATTACHED 2 CAR GARAGE OPD-5 ZONE BLD06-00857 GARY FRAKES 657 KENNEDY PKWY SFD WITH ATTACHED 2 CAR GARAGE OPD-5 ZONE BLD06-00868 REMPEL CUSTOM CABINET 1046 ROBIN RD SFD WITH ATTACHED 3 CAR GARAGE OPD-5 ZONE NEW RSF $425,000 NEW RSF $420,000 NEW RSF $375,000 Page: 5 City ofIowa City Date: 12/1 /2006 Extraction of Building Permit Data for To: 11/1/2006 Census Bureau Report From: 1 1/30/2006 ~ ~ Permit Number Name Address Imor Use Stories Units Valuation BLD06-00818 JEFF MILLER CONSTRUCTI( 3443 IRELAND DR NEW RSF $200,000 SFD WITH ATTACHED 2 CAR GARAGE BLD06-00855 WALTON BUILDERS fNC 1217 LAKESHORE DR NEW RSF 2 $195,522 SFD WITH A TT ACHED 2 CAR GARAGE BLD06-00856 W ALTON BUILDERS INC 1132 LAKESHORE DR NEW RSF $182,393 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00830 SOUTHGATE DEVELOPMEN 4020 RUTH ST NEW RSF 2 $175,600 SFD WITH ATTACHED 2 CAR GARAGE AND SCREEN PORCH OPD-5 ZONE BLD06-00776 STEVE KOHLI 1675 TERRAPIN DR NEW RSF 2 $169,000 SFD WITH A TT ACHED 2 CAR GARAGE BLD06-00816 STEVE KOHLI CONSTRUCT! 1677 VEST! LN NEW RSF 2 $168,839 SFD WITH ATTACHED 2 CAR GARAGE BLD06-00817 STEVE KOHLI CONSTRUCTI 1662 TERRAPIN DR NEW RSF 2 $168,839 SFD WITH A TT ACHED 2 CAR GARAGE OPD-5 ZONE BLD06-0086 I SOUTHGATE 853 MCCOLLISTER CT NEW RSF $165,000 SFD WITH A TT ACHED 2 CAR GARAGE OPD-5 ZONE BLD06-00642 B & H BUILDERS 1823 RICHMOND LN NEW RSF 2 $150,000 ZERO-LOT LINE SFD WITH ATTACHED 2 CAR GARAGE BLD06-00644 B & H BUILDERS 1819 RICHMOND LN NEW RSF 2 $150,000 ZERO-LOT LINE SFD WITH A TT ACHED 2 CAR GARAGE BLD06-00645 B & H BUILDERS 1831 RICHMOND LN NEW RSF $130,000 ZERO-LOT LfNE SFD WITH ATTACHED 2 CAR GARAGE BLD06-00646 B & H BUILDERS 1827 RICHMOND LN NEW RSF $130,000 ZERO-LOT LINE SFD WITH A TT ACHED 2 CAR GARAGE Total NEW/RSF permits: 15 Total Valuation : $3,205,193 BLD06-00876 BEAVER, HILLARY ALEXA} 205 BLACK SPRINGS CIR OTH RSF $22,500 RETAINING WALL TOWARD REAR OF PROPERTY 80 FEET LENGTH TotalOTH/RSF permits: I Total Valuation: $22,500 BLD06-00898 RAYCAL IOWA LTD 100 HAWK RIDGE DR REP NON 2 $8,000 REPAIR TRUCK DAMAGED AWNING B LD06-00679 KENNEDY CONSTRUCTION 931 MAIDEN LANE REP NON 9 $300 RESIDING COMMERCIAL BUILDING Total REP/NON permits: 2 Total Valuation: $8,300 BLD06-00724 BOB NAUMAN 1141 E COLLEGE ST REP RDF 3 9 $7,000 REPAIR EXTERIOR STAIRS TO SECOND FLOOR APT. UNIT REPLACE PORCH FLOOR SYSTEM Total REPIRDF permits: I Total Valuation: $7,000 Page: Date : To: From: (y 12/1/2006 11/1/2006 11/30/2006 City ofIowa City Extraction of Building Permit Data for Census Bureau Report Permit Number Name Address 1= Imor 1= Use BLD06-00892 DICK MORRISSEY RESIDE RMF BUILDING BLD06-00902 SUE NEUMAN DECK REPLACEMENT FOR RMF BLD06-00697 THOMAS KAUT WINDOWS AND SIDING FOR RMF BLD06-00900 KEYSTONE PROPERTY REROOF RMF BUILDING 403 E JEFFERSON ST REP RMF 27 -29 V ALLEY AVE REP RMF 625 E DA VENPOR T ST REP RMF 514 S JOHNSON ST REP RMF Stories Units Valuation 3 $14,000 o o $8,000 9 $5,000 o o $5,000 Total REPIRMF permits: 4 $32,000 Total Valuation: BLD06-00881 GREATER IOWA CITY HOU~ 1153 HOTZ AVE REP RSF RECONSTRUCTION OF HOUSE ADDITIONS, REROOF, RESIDE BLD06-00852 FRANK RIEHL 630 E WASHINGTON ST REP RSF REPAIR TORNADO DAMAGE INCLUDING RAFTER REPAIR, CHIMNEY, SOME ROOFING BLD06-0085I TIM KRAMER 112 CLAPP ST REP RSF REROOF, RESHEA TH, WINDOWS, SUPPORT POST FOR SFD BLD06-00862 MARY HANNA 126 AMHURST ST REP RSF FIRE REPAIR FOR SFD BLD06-00867 RUS & ROXANNE SCHOMEF 3 I 7 SHRADER RD REP RSF RES HEATH AND REROOF SFD BLD06-00806 COSTA, HELEN JEAN 319 COURT STREET PL REP RSF REPLACE STRUCTURAL FLOOR FOR GARAGE BLD06-0087I CHRISTOPHER HAlMA 2304 HOLLYWOOD BLVD REP RSF EGRESS WINDOWS FOR BEDROOMS BLD06-00870 HAENDEL, RICHARD S JO II HUDSON AVE REP RSF EGRESS WINDOW FOR BEDROOM 2 $ I 42,000 2 $102,400 $9,000 $8,095 $7,000 2 $5,000 $450 $250 Total REPIRSF permits: 8 Total Valuation: $274,195 GRAND TOTALS : PERMITS: 77 V ALUA nON: $12,496,452 I1m1 City Cares 2006 City employee holiday donation drive - December 11-22, 2006 Make the season bri~hter. and life Just a bit more comfortable, for local children in need So why is Santa pictured in his boxers? No child probably wishes for underwear for a present, but the nurses at the School Children's Aid pro~ram (Iowa City School District) tell us a~aln this year that they are In terribly short supply of children's and youth underwear to disburse on an emergency basis. This year's clothln~ drive Is seekln~: UNDERWEAR - children's and youn~ adult sizes, boys' and ~Irls' briefs. Money will also be gladly accepted to purchase other necessary Items and eye exams. Also of lesser need but stili ~ratefully accepted: warm new/~ently used outerwear, winter wel~ht ~Ioves/hats, and snowpants. Last year we set (and met) a ~oal of 650 donated articles (about 1 item per employee). $400 in cash contributions were also received. Let's see if we can match or exceed that this year. We also have not for~tten the Iowa City Animal Care and Adoption Center . Suggestions: Cool cat and dog toys: ceramic food bowls: canned doll/kitten food (not dry). See www.lcanlmalcenter.orflnews/hwth.htmlfor a detailed lilting. Monetary donations: Checks can also be made out to "School Children's Aid" or "Iowa City Animal Care & Adoption Center" and delivered to the Planning Department, Attn: Linda Severson. These monetary donations will be used for miscellaneous expenses. Collection box locations: City Hall Lobby, IC Public Library Break Room, Transit Conf, Room Questions or for pickup of donated items: contact Linda Severson, Human Services Planner, 356-5242. . ~~~~~V~~~~~ . _,_____"...,___.,_......_.,___._.____.__.,,_._.~__.____.__..,.._______m____.'____.. From Council Member Vanderhoef ...................................................... . October 2006 America's municipal housing directors say that cities are struggling to meet the housing needs of low-income working families and that federal and state governments arc not doing enough to support local crforts to ensure hous- ing opportunities in their community.' In the National League of Cities' State of America's Cities Survey on Municipal Housing, nearly seven in ten (68%) local housing directors say that lower-income working families have the most critical housing needs in their community. Although most report that federal (8/%) and state (63%) assis- tance is very important to their city's ability to provide housing for these and other residents. about 75% say that the federal and state governments are not doing enough to support local ellorts. FlGLlRE J Rating of federal and state support of local housing policies Don t Know 8% Federal State Among other important findings, municipal housing directors say that . Providing housing is a big priority (37%) or somewhat of a priority (48%) for their city; . City activities prioritized above housing include infrastructure mainte- nance and improvements (68%), improving local economic conditions (66%), improving local fiscal conditions (57%). and stimulating the vitality of downtown (52%). Issue 2006-4 State of America's Cities Survey on Municipal Housing Critical Housing Needs Christiana K. McFarland Christopher W. Hoene I I Christiana K. McFarland is a Senior Research Associa!e and Christopher W. Hoene is the Research J\1J[];]ger in the Center for Research and MuniCipJI Programs at the National League or Cities 2 In this hrid. all respondenb arc referred to as -municipal hOllsing directors: Some cities may nol have a housing direc- lor. in which case the survey was completed by other city staff with housint; responsibililies such as the cit)' manager. com- munity development director. or in some cases. the mavor Additionally. in this hrid we use "city"' and '.municip;1Iily.' in"ter- (hangeab~y to rein to local jurisdictions inciudillg Cities. towns. and villages ........................................................................................ Contact NLCs Center for Research and Municipal Programs at (202) 626-3030 for more inlormation about the surVt;y. A copy 01 this Research Brief can be downloaded on the Internet at www.nlc.org. National league of Cities . &e:u~a;4............................................................................................................. j)ff~f FigURE 2 Percent listing the group as one of three groups in their city with most critical housing needs. . Housing is connected to these other priorities, including community development and/or redevelopmcnt (47%), economic dcvelopment (43%), fiscal conditions (33%1, and infrastructure challenges (26%1; . Federal (55%1 and state (55%) govcrnments arc doing only a fair or poor job of supporting local housing policies; . Other than city, state, and federal funding for housing programs, funding is also provided by nongovernmental sourccs, such as banks (48%) and foundations and non profits (43%); and . In terms of ground-level eflOrts to provide housing opportunities, cities are most likely to collaborate with nonprofit organizations (85%), banks and other Icnding institutions (59%), churches and other faith based insti- tutions (51%), and other community based organizations (52%). 42% 33% 33% 29% 27% HOU~[1bi:ost C.ballenges The precipitous increase in housing priccs in many cities over the first half of the decade has placed great strain on municipalities to ensure that hous- ing nceds of residents in their community are met. At lest four in five municipal housing directors say that the value of homes (91%) and rental costs (80%) have increased (either some or a lot) in the past few years; one in two (56%) say that the value of homes has increased a lot. When it comes to rising home values, municipal housing directors say that their biggest concerns arc that it places a financial strain on residents (82%), provides fewer opportunities tor home ownership for lower-income working families (76%), and prevents younger generations from buying homes 163%). A large majority of municipal housing directors says that providing housing to meet the needs of residents is somewhat of a challenge (48%) or a big 2 ........... .................... ................................. ................... ...................... ...../r:e-i!f4ft:'f j)n~f challenge (34%1. Providing "affordable housing:' in particular, is seen as a big problem (37%) or somewhat of a problem (46%). The communities that cities are having the most difficulty providing adeQ!Jate housing for arc lower-income working families, transitional residents (such as abuse victims and ex-offenders), disabled/dependent adults, and immigrant families. Lo_cal Stratcgifs Cities use an array of strategies to provide housing opportunities. Among these, the strategies that municipal housing directors say that their cities are actively using and that they feel are the most effective include, . Offering grants and low interest loans for rehabilitation (40%1 . Providing city controlled funds for down payment assistance (36%) . Providing homeownership and mortgage education and counseling (31%) . Building partnerships among governmental agencies (27%) . Building local government capacity and responsibilities (staff and techni- cal resources) (26%) . Providing city owned land for production (25%) Connectlons t~Other I~sues Municipal housing directors see their cities' planning for meeting housing needs as connected to a number of other issues, including community devel- opment/redevelopment (47%), economic development (43%), population growth (39%), fiscal conditions (33%), the increasing aging population (30%), and infrastructure challenges (26%). Proving city owned land for production not at all 4% FIGURE3 How much of a problem is the availability of QlJality, affordable housing in your city? FIGURE 4 Percent of local housing directors listing activity as one of the five primary municipal roles in providing and/ supporting housing and housing services in the future. 3 . &e:ffllfr.~ik.......... .................................................................................................. j)riel About the N~!lonal League ofCitics The National League of Cities is Ihe nations oldest and I:Jrgcst org:mizatioll devoted to stn:ngthcning and promoting, cities as centers of opportunif)', leadership 3(/(1 governance. NLC is a resource Jnd advocate far morc than 1.600 member cities and the 49 sUit' municipal leagues, representing more than 218 million Americans. Through its Center for Research and Municipal Programs. NLC provides an applied think lank capacity by developing. conducting and reporting research all programs and issues affecting cilies and towns. Copyright iD lOQG National LC;Jguc of Cities Washington. D-C. 20004 ~ National League of Cities 1301l'ennsylvania Avenue, NW Washington, DC 20004 www.nlc.org Ab01lLthe Survey This research brief is the first in a series reporting on the results from NLC's State of Americas Cities Survey on Municipal Housing. A random sample of 1.167 municipal officials was drawn for the purpose of this survey. The survey was mailed to all of the officials in the sample in luly 2006. A total of 432 valid responses were received and tabulated, resulting in a 37 percent response rate. With this response rate it can be expected with a 9S percent degree of confi- dence (i.e. in 9S out of 100 random sample surveys) that the answers to the sur- vey Q!!cstions from another random sample of municipal officials would be with- in four and a half percentage points (+/- 4.5%) of the results of this survey. The survey was conducted by the. NLC's Center JOrResearchand. Municipal Programs. . NLC developed theQ!!cstionnaire~ drew the. sample, mailed the sur- vey instrument, coded, cleaned, and tabulated the data, and prepared the report. TheNational League of Cities' State of America's Cilies Survey series has been conducted for the past 20 years. The surveys offer a framework for under- standing how local officials view issue~ and problems they face in governing the nation's cities and towns. . 4 IJlliJ Marian Karr From: Doug Elliott [doug.elliott@ecicog.org] Sent: Monday, December 04,20064:18 PM To: ECICOG Express Subscribers Subject: Legislative Open Houser Reminder Attachments: open house reminder.pdf Just a reminder to plan to attend the Legislative Open House on Tuesday, December 12, 2006, beginning at 4:00 p.m., at Coralville City Hall. Additional information is attached. Douglas D. Elliott Executive Director East Central Iowa Council of Governments 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 52402 319365.9941 319.365.9981 (fax) www.ecicog.org 12/4/2006 Event Reminder 2005 Legislative Open House Time to meet with legislators informally and enjoy refreshments is provided from 4:00 to 4:30. A formal program follows, which allows legislators the opportunity to give their views on the upcoming session and includes time for questions and answers. City and county officials and members of the general public are encouraged to attend. Please feel free to forward this invitation to others. This event is cosponsored by ECICOG, the Iowa League of Cities, the Iowa State Association of Counties, and the City of Coralville. IP15 AGENDA City of Iowa City City Council Economic Development Committee Tuesday, December 12,2006 9:00 a.m. City Hall Lobby Conference Room 410 East Washington Street 1. Call to Order 2. Approval of Minutes of November 13,2006 Economic Development Committee meeting 3. Activity Report 4. Request for Proposal document for Downtown Market Analysis 5. Community Development Fund Application (State funds) for BIOWA 6. Committee Time 7. Adjournment NEXT REGULAR MEETING DATE: January 23, 2006 (to be confirmed) MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 13, 2006 LOBBY CONFERENCE ROOM PRELIMINARY Members Present: Regenia Bailey, Connie Champion, Bob Elliot (arrived late) Members Absent: NONE Staff Present: Karin Franklin, Wendy Ford, Tracy Hightshoe Others Present: NONE RECOMMENDATIONS TO CITY COUNCIL: NONE CALL MEETING TO ORDER Chairperson Bailey called the meeting to order at 8:06 AM. APPROVAL OF MINUTES - OCT. 31. 2006 ECONOMIC DEVELOPMENT COMMITTEE MEETING MOTION: Champion moved to approve the October 31, 2006 minutes as submitted. Bailey seconded the motion. The motion passed 2:0. CDBG APPLICATION MATERIALS AND POLICIES - TRACY HIGHTSHOE Hightshoe distributed a spreadsheet showing the online and downloadable CDBG economic development fund materials. Citing privacy concerns, she noted that social security numbers, tax payer identification, consumer credit score, and the employer's contribution and payroll report are considered proprietary. Hightshoe will be able to separate all protected information in applications before providing the Economic Development Committee access to documents it needs to make funding decisions. Champion and Bailey thought the application was much clearer. Bailey noted under the process portion, numbers 3 and 4, should be changed to say "3) City Council Economic Development Committee for review and recommendation" and then moves to the Council for action. Bailey thought there should be clarification that there is the opportunity for the application to stop at either of the levels. Bailey also wondered if the City asks for a startup profit and loss pro forma. She said that Oasis Falafel had submitted a pro forma that showed exactly how they planned to make their numbers and that they included details such as the exact number of items that they were planning to sell. Hightshoe clarified that the applicants are required to submit a pro forma balance sheet. The pro forma balance sheets do not give projected profits and loss. The group agreed to require a profiVloss statement 3 year historical if it is an existing business and 3 year projected if it is a new business. Franklin mentioned that this is more an exercise is viewing their thought process. Hightshoe said that the next step is to determine the best way to market the program to commercial lenders. She will be sending applications and the applicant guide to commercial lenders. She said that the complete application will be downloadable on the internet. Ford had an idea to create a pamphlet brochure to market the program and to show guidelines. Hightshoe was not sure about creating a brochure because there are so many federal regulations that go with the grant money and she was not sure what is allowed. Franklin said that the group needs to think about more ways to market the program. Bailey wondered if the program could be pitched in the Fast Track Class at the University's Entrepreneurial Center and Hightshoe said she would look into it and ask Paul Heath, Director. Bailey suggested marketing to nonprofit organizations that have contact with low- to moderate-income people on a regular basis. Franklin suggested Hlghtshoe talk to ISED in Des Moines to get some ideas about how they market their training programs. Ford said that Joannie Thorton might be a good contact as she is Economic Development Committee Minutes November 13, 2006 Page 2 working with entrepreneurial women in Cedar Rapids. Franklin mentioned the Bell Center and Bailey mentioned SEED at the Chamber of Commerce and possibly creating an informational advertisement for public access television. DISCUSSION OF ECONOMIC DEVELOPMENT STRATEGIES. POLICIES Ford described the purpose for a simple memorandum cover for the final strategic planing document, SWOT analysis, and the strategies and policies that are designed to achieve measurable results in each area of focus. Objective 1 Bailey thought that having '0 business losses' in the goal section is too ambitious because sometimes business loss can be out of the Committee and City's control. Ford said that if the committee is going to have a goal to "foster the retention and expansion of existing businesses," they should have a measurable goal for it. Elliot mentioned the idea of exit interviews to determine the reason for loss of businesses. Elliot thinks that it is important to keep retention as a measurable. Bailey said that the group needs a better snapshot of the economy in Iowa City. In discussion about tracking the number of empioyees in small businesses, Ford said that ICAD may has the most up-to-date listing of the businesses and their number of employees. The listed results in the community profile are those that have over 125 employees. Franklin said that the group needed to pull the information from the Community Profile, ICAD, and the Chamber and see what they have to work with. Ford said that ICAD may well be tracking all of the businesses, not just those that are reported on in the Community Profile. Elliot reiterated that retention should not be taken out of the strategic plan. A discussion about how much the City can control retention and expansion ensued. Champion said that as far as the strategic plan goes, she likes the objectives as a whole. It is the measurables that need to be discussed. Ford said that other measurables such as numbers of business inquiries to the City. Bailey thought that the Economic Development Committee should also do something to welcome new businesses. Bailey mentioned that she is interested in discussing the possibility of helping the Airport Commission develop a business plan for the land. She wondered if the idea is feasible. Earth-tech is doing a study that will come back to the council. Franklin said that if the study calls for hangars and aviation uses, they will need the Airport Commission to give guidance. She clarified that the Earth-tech study will look at future aviation needs, such as runways. The study will look at how many based aircrafls there are currently and how many are projected to be needed. David Hughes will take the projections to FAA, and then determine whether the land is needed for aviation needs. Franklin said it is likely that the land will not be needed. Objective 2 Wendy discussed objective 2. Champion wanted to remove the word 'recapture' because it was negative. Bailey wondered if they are waiting until the next budget year to facilitate a market niche analysis for downtown. Ford said that the Chamber would like to take the iead in the project. Franklin said that it will go into this year's budget. This will go on the December meeting agenda. Ford said that these studies average between $20,000 and $40,000. She mentioned that the University of Wisconsin Extension Service said that they would be very interested in working with the City of Iowa City, having spoken with them at a downtown conference in October. Ford also has three other consultants from whom to submit requests for proposal including PUMA and two that the Chamber recommended. Franklin mentioned that if the cost is less than $20,000 it does not need to be approved by the Council. Bailey said that strategy b. (the formation of a SSMID) will be a very political item and maybe should come from someone else outside of the Economic Development Committee. There was group agreement that b. should be removed from the strategies. Economic Development Committee Minutes November 13, 2006 Page 3 Ford explained the idea of strategy d. to develop a business incubator. The group had talked about a business incubator at previous meetings. Bailey mentioned that an artist incubator could fall under the City's CDBG funds Objective 3 Bailey said that she would be surprised if the City could get 10 qualifying businesses with CDBG funds. Franklin said that the City has $300,000 to devote to micro enterprise startups, so they better start working to get 10 qualifying businesses. Ford said that b. is a typo and should be removed. Objective 4 Ford said she struggled with this objective Champion mentioned that the committee forgot to include Kirkwood College, which provides workforce development. Bailey said that the group needs to get an idea of what the environment for workforce development is currently like. Franklin mentioned that the Iowa Workforce Development would have a lot of data on this topic. She said that their role is finding holes in employment and encouraging the development of workers to fill the needed jobs. Elliot mentioned that he thinks it is unfortunate that the present discussion is taking place without Kirkwood and the Chamber of Commerce. Bailey said that Wendy will meet with them to discuss the plan. Bailey recommended that the SWOT analysis at the beginning should be a narrative instead of a chart. The Economic Development Committee will review the strategic plan again before sending it to the City Council. ADJOURNMENT The meeting adjourned at 9:00 A.M. NEXT MEETING DATE: December 12, 2006 at 9:00 A.M. Minutes submitted by Abby Attoun. sJpcd/minutesJecdev/2006/11-13-06.doc Council Economic Development Committee Attendance Record 2006 Term Name Expires 1/18 2/16 3/10 3/15 3/30 4/4 6/27 7/18 8/22 9/5 9/11 9/19 10/31 11113 Regenia Bailey 01/02/08 X X X X X X X X X X X X X X i Bob Elliott 01/02/08 X X X X X X X X X X X X X X I , Connie Champion 01/02/08 OlE X X X X X X X X X X X X X , i I , i I I Key: X = Present I 0 = Absent I I OlE = AbsentlExcused I I I I I I I ! I , I , i I i I I Economic Development Coordinator Activities October 10- December 6 Outreach & Contacts Meetings & Events Local Govt Affairs (Chamber) 10/12, 11/9 Obermann Center, meeting to brainstorm grad student involvement in community, 11/1 January event 1/9/07 Nancy Quellhorst re: downtown market niche analysis, 11/1 Get to know the IDED program, Des Moines, 11/29/06 Annual CVB luncheon, 11/9 DTA meeting, 11/9 Chamber's "Toast" event, 11/9 Housing Summit, 11/14 Lead off with Leadership Breakfast, ACT with Dick Ferguson, 11/17 Everyone's an Entrepreneur lunch, CR, 11/17 Creative Economy work session, 12/1 Public Relations Iowa City Roundtable, Carlos O'Kelly's 10/17, 11/21, 12/5 Gave TIF presentation at Iowa City Roundtable meeting on 12/5 MDA fundraiser Inquiries from media: Dl re current ED issues, Corridor Business Journal, KGAN News Contacts Tim Ghoulson, Wells Fargo re: downtown and DT A Joe Raso, 10/25, 12/4 Susan Weinshenk, DT A president Denny Lindell, contact of New Market Tax credits and other private financial assistance programs In House TIF Debt Certification process, completed Nov.30 (for 12/1 deadline) Letter to all TIF project developers requesting documentation Monitored compliance with developer agreements Respond to questions from developers re: required materials Met with County Auditor, Mark Kistler twice Met with Tracy H. re past year's certifications Attended TIF Debt Certification seminar, 11/14 Met with Kevin O'Malley twice to reconcile TIF account budget figures Updated TIF project status sheets Updated TIF slide presentation Met with City Attorney to determine privacy limitations for financial applications Continued gathering information for Community Profile Attended Department Budget presentation meeting Strategic Planning Document in process, final draft to be presented to committee in January Economic Development inquiries various inquiries, including high tech/internet business, how to start in the restaurant business, kitchen store or deli, anonymous big box retailer site location questions, TIF for Hwy 6 pole building improvements, courier delivery service financial assistance inquiry, ethanol and biodeisel by-products non-profit, etc.. I ~ 1 -~= -u:, ~~~!:'t ~"ST~IIIII' ....~ CITY OF IOWA CITY MEMORANDUM Date: To: From: Re: December 6, 2006 Economic Development Committee Wendy Ford Downtown Market Analysis RFP The following 7-page document is the draft of a Request for Proposals to be submitted on behalf of a partnership made up of the City, the Iowa City Area Chamber of Commerce and the Downtown Association. A cover letter inviting submission of proposals will go out on Chamber letterhead signed by Chamber, DTA and City staff. Consultants on the list to receive the proposals: . University of Wisconsin Extension Service . Progressive Urban Management Associates . Hyett Palma . ROMA Design Group * * . It It i' .' 'I' . . · DATE: December 12, 2006 REQUST FOR PROPOSAL: Consultant Services for a Downtown Market Niche Analysis Downtown Iowa City, Iowa PLEASE TAKE NOTE: THIS DOCUMENT CONSTITUTES A REQUEST FOR PROPOSALS, AND IS THUS A SOLICITATION FOR RESPONSES. CONVERSELY, THIS REQUEST FOR PROPOSAL IS NOT A BID AND IS NOT BOVERNED BY STATE OR FEDERAL BIDDING REQUREMENTS. MOREOVER, ANY ACCEPTANCE OF A PROPOSAL SHALL NOT RESULT IN A BINDING CONTRACT BETWEEN THE CITY AND THE PROPOSER, BUT INSTEAD WILL SIMPLY ENABLE NEGOTIATIONS TO TAKE PLACE WHICH MAY EVENTUALLY RESULT IN A MORE DETAILED AND REFINED CONSULTANT AGREEMENT OR CONTRACT BETWEEN THE PROPOSER AND THE CITY. NOTICE TO PROPOSER: Sealed proposals will be received at the Office of the City Clerk, 410 E. Washington Street, Iowa City, Iowa until the time and date specified before for: Consultant Services for a Market Niche Analysis for downtown Iowa City, Iowa. Proposals must be made to the City as to how the Proposer Intends to provide consultant services more specifically defined herein. The City retains the right to reject proposals as non-responsive, to ask for clarification, to enter into negotiation to discuss cost, scope of work, procedures, and final work product, all prior to the execution of a formal consultant agreement. PROPOSALS DUE: 5:00 pm, Wednesday, January 31, 2007 ADDRESS PROPOSALS TO: Attention of the Economic Development Coordinator, Office ofthe City Clerk, 410 East Washington Street, Iowa City, IA 52240, on or before the time and date specified above, Proposals shall be sealed and clearly marked on the front with reference to the specific project. FAX and email proposals will not be accepted. QUESTIONS: Questions regarding the Request for Proposal should be directed to: Wendy Ford Economic Development Coordinator Department of Planning and Community Development 410 East Washington Street Iowa City, IA 52240 PH: 319-356-5248 FAX: 319-356-5217 EMAIL: wendv-ford@iowa-citV.orq The City is not responsible for any information or clarification given by other representatives. * * 'i< It II ;\ .' 'I' . · . INDEX Section I................. ........................................... Background Information Section II .................................................. ..............................Objectives Section III ...... ...................................................................Scope of Work Section IV.................................................................................. Schedule Section V ....................................................................Proposal Contents Section VI.................... ............................ ............ Proposal Requirements Section VII........................ ............................................ Selection Criteria 2 * >I< '" It H . \ I,' 'I' * * * Request for Proposal Consultant Services for a Downtown Market Niche Analysis Downtown Iowa City Section I Background Information The metropolitan area of Iowa City includes a population of approximately 85,000 people. Iowa City is the oldest and largest city within the metropolitan area and its downtown was the original center of commerce for the county, if not east central Iowa for the first 150 years of its existence. It was founded in 1839 and had a reported population of 63, 207 in the 2000 census. Iowa City has always enjoyed the additional infusion of a young population, now 30,000 strong, of students who attend University of Iowa. In the 1960s and 70s, the city underwent an extensive urban renewal process to alleviate deteriorating buildings and to spur new investment downtown. Among the key outcomes of urban renewal was the development of a pedestrian mall with a water feature, performance area and children's play area created by the closing of three blocks to vehicular traffic. New buildings included the enclosed 60-store Old Capitol Mall thatlbok the place of two full blocks of deteriorating buildings, a five-story office building called Plaza Center One at the heart of the pedestrian mall, and a 236-room hotel (now the Sheraton) also on the pedestrian mall. Throughout the 1980s and 90s downtown business prospered and the health of the area existed in a relatively steady state. In 1998, Coral Ridge Mall opened about 6 miles to the west on Interstate 80, beginning a change in the face of downtown retail. Over the course of the following six years, the two anchor department stores, each with anchor locations in Coral Ridge Mall, moved out of Old Capitol Mall. An entertainment business attempted to fill one of the large retail locations, but failed after less than two years. Other retail tenants in Old Capitol Mall and in store fronts in downtown buildings followed suit. By 2004, the mall had only a handful of tenants remaining in the original 60 retail locations and there were beginning to be empty store fronts in older downtown buildings. In early 2000s, a new wave downtown development began. Vogel House, an ultra modem 9 story residential building with retail on the first floor replaced an old brick residence which had fallen into disrepair. The Whiteway Building, several floors of apartments over a first floor restaurant was built to replace a century-old building that had burned and Plaza Towers, a multi-story residential, hotel, and retail building was erected on the last remaining parcel of downtown urban renewal land. interestingly, each of these projects was spearheaded by the same individual, Marc Moen, and each has made a significant impact on the aesthetics of and residential mix of the downtown. In 2006, Iowa City committed to another private project with a significant commitment of public investment in a $40 million, 12 story building known as Hieronymus Square with commercial, hotel and residential space. This project will be significant because it is the first large scale development to go forward south of Burlington Street, the former southern edge of the Central Business District. Given the significant retail and residential changes of the past decade, the Iowa City Area Chamber of Commerce and the Downtown Association in partnership with the City, desire to examine the changes affecting the downtown in order to affect strate9Y and policy decisions for its future. Each organization recognizes that the health of downtown plays a significant role in the community's ability to foster a good environment in which to do business, to work, live and play. 3 * It II .\ f' 'I' , . . Section II Objective To undertake a market analysis to determine a feasible mix of retail, office, and entertainment uses in downtown Iowa City that supports the vision of Downtown Iowa City as a "unique and lively mix of commerce, culture, education, entertainment, government and recreation for residents and visitors," To accomplish this, we desire: . A greater understanding the trade area's customers and competition . A thorough examination of downtown's most pressing issues (business mix, vacancies, etc.) . Data to demonstrate the economic importance of downtown to community at large . The identification of niche markets for retail . The identification of optimal mixed uses for downtown . The identification ofpotentiaJ design improvements Section III Scope of Work The consultant shall work with the Chamber and its partners to develop a concise, useable Downtown Analysis that will benefit the metropolitan area in developing strategies, policies and practices to be used by the Chamber of Commerce, the City of Iowa City and the Downtown Association in decision-making regarding the expenditure of funds for economic development and marketing. Tasks for the consultant will include the following: Understanding Market Conditions . Creating a Building and Business Inventory (some infonmation exists) . Survey Business Operators (hours, issues) . Analyze Existing Business Mix . Analyze Trade Area . Analyze Local Economics . Analyze Customer Demographics and Lifestyles . Conduct Focus Groups . Conduct Consumer Surveys Identifying Market Opportunities by Sector . Evaluate Retail Opportunities . Evaluate Service Business Opportunities . Evaluate Restaurant Opportunities . Evaluate Theater Opportunities . Evaiuate Residential Opportunities . Evaluate Office Market Opportunities . Evaluate Lodging Opportunities Conclusions and Recommendations . Business Retention and Expansion . Niche Recommendations . Space Utilization and design consideration . Marketing Plan . Business Recruitment Recommendations 4 * >I: ~' It II _ \ I: T * . * Section IV Schedule Completion of the Downtown Market Analysis and submission of the report should be complete within 180 days of execution of a formal Consultant Agreement After final review of the report by the City, Chamber and DT A partners, and completion of any necessary revisions, the presentation of the findings in a public discussion forum would occur within 60 days of submission of the initial report. The foilowing is an anticipated schedule for consultant selection and conducting the work. The City, Chamber and DT A partners reserve the right to modify any part of this schedule. Each proposal shail remain open for a period of gO days from the date of receipt Solicitation issued.......................... .........................................December 18, 2006 Proposals due .............................................................................January 31,2007 Contract awarded ...................................................................... February 12, 2007 Contract period........ ........................... ................. February 12 - August 12, 2007 Section V Proposal Contents General Instructions . Each firm is requested to submit ten (10) copies of its proposal in typewritten form and sealed in an envelope addressed to: Economic Development Coordinator, Office of the City Clerk, 410 East Washington Street, Iowa City, IA 52240. . Modifications to a firm's proposal shail be enclosed in sealed envelopes and addressed to the office noted above. Modifications must meet the same deadline as the original proposal. . FAX or electronic based offers wiil not be considered in response to this RFP. . Proposals should be limited to a maximum of 20 pages. The proposai package shail contain, at a minimum, the items listed below. Proposers are urged to be as thorough and complete as possible, while not exceeding the 20-page maximum for proposals. 1. Identification of Proposer. Identify the Proposer, Proposer's mailing address, telephone number, fax, email address and contact person who can answer questions concerning the proposal. 2. Previous Firm and Proiect Team Experience. The Project Team for this Project should be identified. The Proposer should describe in as much detail as possible recent experience in completing similar Downtown Anaiyses by the firm and by the individuals who would be assigned to this project Include a list with the client's name, the name and telephone number of a person associated with the project who may be contacted for a reference, the year the project was compieted and the individuai from the Proposer's team who was responsible for the project 3. Sub consultants. If your proposal includes the use of sub consultants or is a joint-venture proposal, piease identify ail consultants and their responsibility and qualifications as ouijjned in 1 and 2 above. 4. Work plan. A work plan showing how your firm would complete the Downtown Analysis with task and timeframes accomplishing the Scope of Work requested in this RFP. 5 , , . It II .\ I: T . . . 5. Budoet. Provide a detailed estimate of costs and fees for services to complete the work requested and a proposed payment schedule if other than payment in full upon conclusion of work. 6. Miscellaneous information. Any additional information regarding your firm's experience and capabilities that you feel would be important to the success of this project. Section VI Proposal Requirements 1. Each proposer shall examine the Request for Proposal document and determine the adequacy of all statements. Any inquiries, suggestions or requests conceming interpretation, clarification, or need for additional information pertaining to the RFP shall be made through the Economic Development Coordinator for the City of Iowa City as noted on the cover page of this RFP. The city shall not be responsible for oral interpretations given by any other City employees, representatives or others. Prior to acceptance of a Proposal by the City, the issuance of a written addendum is the only official method whereby interpretation, clarification or additional information may be given. If addenda are issued to this Request for Proposal, the City will attempt to notify all prospective proposers who have secured same. However, it shall be the responsibility of each proposer, prior to submitting a proposal, to contact the City to determine if addenda were issued. Once a Proposal is accepted by the City and its partners, the City is free to enter into negotiations conceming the broad outlines of this Proposal, in order to try and reach an agreement on what more precisely, the Proposer and the City intend to accomplish by way of the consulting services. 2. Ten (10) copies of the proposal shall be submitted. 3. The proposal shall include a proposed time schedule for the activity. 4. The proposal shall include a cost estimate separated into individual budget elements. 5. All expenses for making proposals are to be borne by the proposer. 6. Any proposal may be withdrawn up until the date and time set for receiving proposals. Any proposal not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of 90 (ninety) calendar cays to provide the City of Iowa City the services set forth. 7. Proposer understands that the City's acceptance of a Proposal only enables the City and the Proposer to negotiate a formal Consultant Agreement satisfactory to both parties. Section VII Selection Criteria The City and its partners will evaluate each firm in accordance with the following criteria to determine the firm that it feels is best suited to meet the needs of the project. Response to this RFP should include information deemed pertinent to each and all of said criteria. During the evaluation process, the City and its partners reserve the right to request additional written information to assist in the evaluation of proposals. 1. Qualifications. . The firm's previous work experience with and success in projects of similar scope and purpose. . The qualifications of key personnel who will be assigned to the project. 6 * It II " \ I" 'I' . . . 2. Timelv completion of the proiect. o The consultant's current workload and its ability to complete the project in a timely manner according to the anticipated schedule specified. 3. Proiect overview and work plan. o The firm's overall approach to how it would complete this project in an efficient and effective manner. o The firm's understanding of the project including identification of major issues or problems which it may perceive at this time concerning the project. 4. Cost of service. o The reasonableness of the budget proposed by the firm. 5. Quality and thorouqhness of proposal. o Completeness of the submitted proposal. o Andy additional information formally requested by the City and its partners will be included in this criterion. 6. Unique services of qualifications. o Any special capabilities a firm has which would significantly contribute to the success of this project. 7 I ~ j --= -j(f ~~~~8lt -.;;:.... "'11II" ....... .. CITY OF IOWA CITY MEMORANDUM Date: To: From: Re: December 6, 2006 Economic Development Committee Wendy Ford BIOWA's Community Development Fund Application BIOWA seeks the committee's recommendation to the council to support this application for $49,000 in state grant funds. The City would serve as the pass-through organization for the funds. Mike Otter, the Executive Director of BIOWA, based in Iowa City, is seeking the city's support in this application to the state for a $49,000 grant. Similar to an application to the state for CEBA funds, applicants must seek the support of and apply through a city, county, council of governments or resource conservation group. Mike was scheduled to be in Minneapolis during the Dec. 12 Economic Development Committee meeting and is not able to present or answer questions in person. The following 5 pages are the overview and pre-application forms for an application to the Iowa Department of Economic Development for grant funds. BIOWA, a trade association for bio-based products, based in Iowa, is developing a data base designed to match up "waste streams" or unwanted by-products with businesses that need those waste products, adding value for companies that have finished with raw materials and created by-products from them and for companies that need the by-product as a raw material for their own business. An example of the type of use the database could enhance was given by Mike Otter during a visit to my office. The egg producer Sparbo, cracking billions of eggs for McDonald's restaurants had no need for their empty egg shells and were carting them off to the landfill by the truckloads. Empty egg shells are a raw material for the production of collagen and when the match for end product and raw materials need was made, Sparbo saved money on shipping raw materials to the dump, the dump was saved tons of egg shells, and another company had an economical source of raw materials, adding value for both companies and the environment. Community Development Fund Community Development in a Regional Economy Iowa communities must prepare for new economic opportunities in a regional economy. Community leaders need to identify partners and become involved in regional efforts that build on Iowa's core strengths. The Community Development Fund (CDF) provides financial and technical assistance to Iowa communities developing creative and innovative projects that meet "deliverable" standards. Projects and activities which relate to the "Iowa 2010 Plan," completed by the Governor's Strategic Planning Council in 2000 (wwwiowa2010.com), will be the best "fit" for CDF grants. Funding Available Up to $50,000 is available for groups willing to design and implement replicable models. Local cash match is 25% of grant amount requested. In-kind match of 10% is also required. Higher cash matches are encouraged. Application Process Step One: Contact Cali Beals, Development Specialist, at IDEO. Step Two: Submit pre-application on-line. Pre-application forms may be downioaded from www.stateia.us/ided/crd/downloads.html (in Microsoft Word and pdf format) Step Three: If the pre-application is approved, the project organization will be invited to submit a full application. Rating Projects will be rated on six deliverable standards: . Goals: Are they attainable within one year? . Economic Impact: Is it measurable? . Return on Investment: How will the Community Development Fund dollars be used to leverage other resources? . Regional Partners: Is there a larger impact for the region? . Industry Clusters: Does the project advance industry retention and expansion of Information Solutions, Advanced Manufacturing, or Life Sciences? . Models for Success. Can the project be replicated in other parts of the state to address 2010 issues? Eligible Applicants Any Iowa county, city, council of government (COG) or Resource Conservation and Development organization (RC&D) is eligible to apply on behalf of a local development organization. Multi- community/regional partnerships are strongly encouraged. Pre-Application Process The pre-application process for the Community Development Fund is designed to assist communities with the development of the proposal. The pre-application requires a brief overview of the project, preparedness/capacity information about the community/region and a general budget. Eligible projects for the Community Development Fund should address these targeted 2010 issues: Business Development . Enhancing target industry clusters: information solutions, advanced manufacturing, and life sciences . Entrepreneurship . International trade . E-commerce . Capital development Technology . Education and training on enhanced telecommunication services . Strategic development for access and use of advanced telecommunications Growth Management . Promote orderly growth and rational land use Housing . Strategies to address specific housing needs, particularly in upper story and in-fill lots Community Services . Delivery of multi-community or regional government services . Workforce development . Innovative approaches to workforce shortages, skill development, and employee retention . Diversity of population, capitalizing on immigration to sustain and revitalize communities Education and Training . Leadership strategies . Regional workshops related to any of the targeted 2010 issues Commercial Development Communities may apply for up to $5,000 per year on a dollar-for-dollar match. Projects may include: . One-on-one business assistance . Market analysis training . Upper story re-use technical assistance . Fundraising strategies . Building design assistance Submit the pre-application electronically to: Cali Beals Development Specialist Iowa Department of Economic Development 515.242.4723 ca Ii. bea Is(!i)ided .state. ia. us Pre-Application - Community Development Fund IDED use only Project Identification: (Category/Descriptive Title) Project Information 1. Eligible Applicant (Fiscal Agent): City of Iowa City (Must be a city, county, Council of Governments or Resource ConseNation and Development) Please Include Your area code! Contact person: WendY Ford Mailing address: 410 E. Washinoton 51. City, state, zip: Iowa City. IA 52240 Phone: (319) 356-5248 Fax: (319) 356-5217 Email: Wendy-ford@iowa-citY.oro 2. Project Organization: BIOWA Contact person: Michael Ott Mailing address:325 E. Washinoton 5t City, state, zip: Iowa City. IA 52240 Phone: 319621 8580 Fax: 309 279 0000 Email: otterm@omail.com Please include your area code! 3. List partners and identify participation in the project (such as, financial, administrative, etc): Partner Identify participation in project City of Iowa City Eligible Agent Davis County Savings Software Provider Bank BIOWA Members Data Providers Pre-Application - Community Development Fund, continued 4, Grant requested (maximum allowed is $50,000): ($5,000 for Commercial Development Projects) Local cash (minimum 25%): (100% match for Commercial Services) In-kind match (minimum 10%): TOTAL PROJECT: $49.000 $49.000 $ $75.000 $173.000 5. Preliminary Budget: Indicate the sources and estimated amounts of local matching funds. SOURCES of Funding: Amount Source A: $49,000 BIOWA Salarv Source B: $55,000 Davis Software County (Matching) Savings Bank Source C: $20,000 BIOWA Data Members Collection (Matching) Source D: $ Source E: State Funding $49,000 TOTAL: $173,000 6. Population of area involved in the project: 2.926.3242000 Census change (+ or-j 2 768 302 1990 Census 5.4% Percentage of 7. Capacity/Readiness: (Check all that apply) (List all qualifying communilies involved in the project) ~ Local Economic Development Organization:_ ~Full-time paid staff:_ D Volunteer group: _ D Comprehensive Plan(s):_ Date(s)_ Where Available DOther: Pre-Application - Community Development Fund, continued 8. List other grants for which you have applied or received for this project. (past 12 months only) None 9. What studies or plans have been conducted that support the need for this project? (do not attach to this pre-application) BIOWA membership development survey established the need 10. Check the 2010 Issue Categories which best describe your project: [8J Business Development [8J Technology [8J Growth Management o Housing [8J Community Services [8J Workforce Development o Education and Training [8J Commercial Development o One-on-One Business Assistance o Market Analysis Training o Upper Story Re-Use Technical Assistance o Fundraising Technical Assistance o Image Campaigns o Building Design Assistance 11. Provide a brief overview of the project addressing the appropriate deliverable standards listed in the instructions. (Limit the writing to this space using no less than a number 10 font.) This project will create a dynamic input-output database that will match waste streams with input streams. This database has a level of specificity and manageability which goes far beyond any other current project. The initial target market is companies focused on biobased products, with a planned expansion to advanced manufacturing and other industries. As a trade association for biobased products, BIOWA has a captive audience with a need for this product and a drive to see this project succeed. BIOWA members are willing to share information previously held confidential because of the opportunities which will be created. Members will donate their time to assist in data gathering. BIOWA's membership spans both large and small companies, from Penford to West Central Co-op to Century Farm Harvest Heat. Data collected will be organized by both quantity and quality and can be updated instantaneously. This makes a database that becomes exponentially more valuable as the data pool grows. The database has codified inputs based on internationally recognized standards. Uniformity of information is critical, and this problem is solved by organizing information in a manner which leads to successful matching. This forward thinking approach will make this project successful for BIOWA, its members and the state of Iowa. Mediacom) December 6, 2006 Ed Pardini Senior Vice President North Central Division Honorable Ross Wilburn City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Dear Mayor Wilburn: Thank you for your letter dated November 28, 2006 regarding carriage of KGAN on Mediacom's Iowa City cable system. Mediacom is pleased to have achieved an extension of our agreement with Sinclair Broadcasting Group, parent company of KGAN, to continue carriage of KGAN and other Sinclair owned broadcasters through January 5, 2007. We are hopeful that a long term carriage agreement can be reached during the extension that will be reasonable and fair for our customers. Mediacom has taken steps to continue CBS network coverage and other programming of local interest in Iowa City. Mediacom will be adding WHBF from Rock Island, II., to the local channel line-up, in addition to our carriage of KGAN. Further, Iowa Hawkeye sports events including men's basketball will be replayed thirty minutes following the game on Mediacom Connections located on channel 74. As you may know, KGAN's carriage of Iowa Hawkeye games expires this year, and the University's television rights move to the newly announced Big 10 Network. We are anxious to conclude an agreement with Big 10 Network that will allow us to carry Hawkeye games upon the launch of the network. We appreciate and agree with the importance of reaching an agreement that does not significantly increase the cost of cable service to customers. Our consistent position throughout the dispute has been the cost implications both regarding Sinclair owned broadcasters as well as other broadcasters in future retransmission consent considerations. In closing, I want to express our gratitude to the City of Iowa City and its staff for their patience and support in the interests of our customers throughout this dispute. We value a positive relationship with the City. Our team has stayed in close contact with Drew Shaffer and plans to continue our positive dialogue with the City staff as developments occur. Sincerely, &~ ~ ......'\ \,.-;.::: Ed Pardini Senior Vice President North Central Division ~i.--. ,"-'f'l ., "Tl c: Drew Shaffer Jon Koebrick Lee Grassley ;..;;; >--: :2 ~1 I J ,---1 ",,-' j;: a N Mediacom Communications Corporation 3737 Westown Parkway. Suite A . West Des Moines, IA 50266 . Phone: 515-246-2201 . Fax: 515-246-1655 I ~~1-~6 I MINUTES PARKS AND RECREATION COMMISSION NOVEMBER 8, 2006 DRAFT MEMBERS PRESENT: Craig Gustaveson, Judith Klink, Margaret Loomer, Ryan O'Leary, Matt Pacha, Jerry Raaz, Phil Reisetter, John Watson MEMBERS ABSENT: John Westefeld STAFF PRESENT: Terry Trueblood, Terry Robinson GUESTS PRESENT: Hugh Barry, Ray Beemer, Del Holland, Jane Meyer, Kevin Monson, Tim Schroeder RECOMMENDATIONS TO COUNCIL: Moved bv Pacha to endorse the plan and the process wherebv the University and Neumann Monson Architects will present their preliminary plans to construct a boathouse in Terrell Mill Park to the City Council. Reisetter amended the motion to endorse the boathouse proiect subiect to the consideration of community use; accepted bv Pacha. Unanimous. Moved by Reisetter, seconded by Raaz to pursue the expansion of the Iowa City Farmers Market on Saturdays into the available parkin!! spaces on the !!round level ofthe Chauncey Swan Ramp; also recommend no expansion to the Wednesdav market. Unanimous. Move by Reisetter, seconded by Raaz, to approve the capital improvement priorities submitted bv staff, and forward to the CIP Committee and City Council. Unanimous. OTHER FORMAL ACTION TAKEN Moved by Klink, seconded by Pacha, to approve the September 13, 2006 minutes as written. Unanimous. Moved bv Pacha, seconded bv Reisetter for staff to move forward with ne!!otiations/research re!!ardin!! desi!!n details and compensation with Verizon without committin!! to the proiect at this time. Passed 7-1 (Watson votin!! no). PUBLIC DISCUSSION: No public discussion. Parks and Recreation Commission November 9, 2005 Page 2 of 7 PRESENTATION OF PRELIMINARY DESIGN ELEMENTS FOR PROPOSED BOATHOUSE IN TERRELL MILL PARK: Hugh Barry, Ray Beemer and Jane Meyer, representatives from the University of Iowa were present, as well as Tim Schroeder and Kevin Monson from Neumann Monson Architects, to discuss preliminary design plans for this project. Tim Schroeder showed a power point presentation to the Commission. Monson noted that their hope for this meeting is to get input from the Commission as well as an endorsement to move ahead with planning. There was discussion regarding the possibility of building this as a multi-use facility with a special room that could be reserved by the general public for receptions/parties etc. Meyer noted that some of the sites they visited did, in fact, have space for special events. However, at this time, not knowing the square footage etc. of the building, she could not ensure that such use would be a possibility for this facility. Monson stated that he does not know if the budget is sufficient for such an addition. O'Leary believes that with this location and its high visibility, the public would naturally desire use of the facility for special events. Other community use possibilities include the construction of restrooms to accommodate park patrons, including the skate park, and providing storage for the Fire Department rescue boats and equipment Raaz asked what would be included in the building. Meyer stated that the facility will include locker rooms, restrooms, boat storage and exercise/training areas. Gustaveson asked how much input the City will have on this project before the final design is approved. Meyer said there will certainly be more opportunity for input, but she can't quantify it at this time. These are questions that can be answered once the decision is made whether to pursue or not. Pacha asked what the plan is for the current boat storage facility (the Laser Center). Monson stated that this is currently used for lab space and is full. Moved bv Pacha to endorse the plan and the process whereby the University and Neumann Monson Architects will present their preliminary plans to construct a boathouse in Terrell Mill Park to the City Council. Reisetter amended the motion to endorse the boathouse proiect subiect to the consideration of community use; accepted bv Pacha. Unanimous Parks and Recreation Commission November 9, 2005 Page 3 of 7 CONSIDER PROPOSAL TO LOCATE CELL PHONE TOWER IN UPPER CITY PARK: This is the third time a request has been presented to the Commission to place a cell tower in City Park. Each previous time the Commission has voted them down. Trueblood noted that the cell phone companies have come a long way in making these towers. Verizon Wireless is proposing an antenna site in the area of upper City Park across from Hancher Auditorium (just south of the swimming pool). They are interested in constructing a new 70' flag pole with the antennas hidden inside the pole. They would also need to construct a small equipment building which could be designed to have a similar appearance to existing buildings. Pacha asked Jane Meyer with the University of Iowa (present at this meeting for another item on the agenda) if she knew of any cell towers currently on university property. She stated that there is one at Kinnick Stadium. Trueblood noted that the City does not currently have a cell phone tower policy. These requests have been handled on a case-by-case basis. He also mentioned that he has met with Steve Atkins, City Manager, and discussed if the compensation would have to go into the general fund, or if it could be placed in a special fund for park purposes. Atkins stated that it may be possible to set aside a special park fund for this revenue. Trueblood also indicated that final approval for placement of the tower and designation of the funds would be a decision for the City Council. There was much discussion among Commission members as to the aesthetics of such a tower. Klink strongly feels that City Park is not a good location Watson asked if there is a concern about the use of city property for profit, suggesting perhaps that they look at private property. Trueblood stated that he does not believe there is any such policy or ordinance which would prohibit such use. Loomer voiced her concern about "nibbling" away at City Park, detracting from public use. Robinson noted that it may be more aesthetically pleasing if the cell tower/flag pole was placed at the entrance to the pool bathhouse, rather than south of the pool, feeling this would be a more "natural" placement for a flag. Moved bv Pacha, seconded bv Reisetter for staff to move forward with ne!!:otiations/research re!!:ardin!!: desi!!:n details and compensation with Verizon without committin!!: to the proiect at this time. Passed 7-1 (Watson votin!!: no). Parks and Recreation Commission November 9, 2005 Page 4 of 7 FARMERS MARKET: REPORT ON NOVEMBER 6TH MEETING WITH CITY COUNCIL AND DISCUSS POSSIBLE CHANGES TO PROGRAM: Trueblood reported that he and Tammy Neumann met with City Council on Monday, November 6 to discuss this program. A number of items were brought up and questions addressed. The one thing that was a clear consensus was that the Council would like to see the Saturday market increased in size again. It was deemed not feasible to increase the size of the Wednesday market due to significant parking issues. Some of the thoughts expressed by individual Council members included expanding the Saturday market onto Washington Street, moving it downtown on occasion (in cooperation with the Downtown Association), expanding to the second floor of the Chauncey Swan Ramp and/or onto College Street, try a different configuration of vendors to reduce customer congestion, and investigate how we might attract more produce vendors if the market is expanded. Trueblood and Neumann feel that the best option is to increase the number of vendors on Saturdays by using more of the parking spaces available on the ground level of the Chauncey Ramp, rather than moving onto an adjacent street or a different level of the ramp. If the market continues to grow, these other options may be considered at a future time. Also, they plan to contact the Downtown Association to see if they have any interest in sponsoring an occasional downtown market. Trueblood reported that the Council seemed pleased with staffs efforts in revising the registration/compliance/indemnification form and registration procedures, and with the efforts to expand the Saturday market for the 2006 season. Moved by Reisetter. seconded by Raaz to pursue the expansion of the Iowa City Farmers Market on Saturdays into the available parkin!! spaces on the !!round level of the Chauncey Swan Ramp; also recommend no expansion to the Wednesday market. Unanimous. DISCUSSION OF PROPOSED CAPITAL IMPROVEMENT PROJECTS; CONSIDER PRIORITIES: Trueblood presented Commission with updates on the capital improvement projects that were approved last year by the Commission. Before presenting the staff recommendation for CIP priorities, Trueblood reported on the following projects: Recreation Center Exterior Renovation: behind schedule, but coming along. Sand Lake Recreation Area: purchase completed. Sand Prairie Enhancement and Preservation: phase I being done in-house. Brookland Park Re-Development: near completion. Skate Park Restrooms: to be done in conjunction with boathouse, if approved. City Park Waterline: complete Festival Stage Improvements: designed - will go out to bit soon. Butler Bridge Pedestrian Trail: grants did not come through - project on hold. Court Hill Trail: being designed, out to bid this winter. Mercer Park Ball Diamond Upgrades: most to be designed and bid this winter. Park Shelter Replacements: plans & priorities to be done this winter. Riverbank Stabilization: City Park: still seeking federal funds. Waterworks Prairie Park Development: fishing pier design nearly complete. Parks and Recreation Commission November 9, 2005 Page 5 of 7 Del Holland who was present at this meeting noted that most of the people who attended the Creekside and Friendship Neighborhood meeting were in support of the Court Hill Trail project. The consensus was that they want to keep the trail as close to the creek as possible. Staff priorities proposed for the FY08 - FYll capital improvement program were presented as follows: 1. Iowa River Trail Bridge - Peninsula to Rocky Shore ($1,100,000) 2. Mercer Pool Roof Repairs ($425,000) 3. Mercer Park Ball Diamond Upgrades - Phase 3 ($100,000) 4. Sand Lake Recreation Area Development ($5,000,000 +) 5. Willow Creek Trail West ($1,400,000) 6. Napoleon Park Restroom I Concession Building ($225,000) 7. Soccer Park Improvements ($250,000) 8. Peninsula Park Development ($250,000) 9. Sand Prairie Enhancement and Preservation ($225,000) 10. City Park Sidewalk Replacement and Trail Lighting ($260,000) Moved bv Reisetter. seconded bv Raaz. to approve the capital improvement priorities submitted bv staff. and forward to the CIP Committee and City Council. Unanimous. COMMISSION TIME Watson asked if Iowa City has any indoor soccer facilities. Trueblood stated that we do not, however, many indoor soccer activities are held in the Recreation Center, Scanlon and Grant Wood Gymnasiums. Watson also noted that he feels the new university tennis courts turf floors were a great idea. Pacha congratulated Michael Moran on his being elected as the APRS President. Raaz asked about the Master Plan. Trueblood stated that he is moving on this, and has recently received some new information that should prove to be helpful. Raaz indicated that Columbia Missouri was able to secure a $16 million dollar grant to be applied towards projects identified their master plan. Klink reported that her next meeting will be her last. She has served eight years on the Commission, and indicated she will have some prepared comments at the next Parks & Recreation Commission meeting. O'Leary stated that Mike Moran was also recognized at their Johnson County Convention and Visitors Bureau Meeting this week. He also complimented the new windows in place in the Recreation Center. Loomer thanked Tammy Neumann for all her work on the Farmers Market. Parks and Recreation Commission November 9, 2005 Page 6 of 7 CHAIR'S REPORT Gustaveson announced that there are three open pOSItions on the Parks and Recreation Commission. John Watson has reapplied, so there are two openings available. He asked members to keep recruiting. DIRECTOR'S REPORT Trueblood noted that Iowa City has completed their initial phase in the comprehensive classification study of City positions. Directors are in the process of reviewing and revising new position descriptions. He announced that a donor has indicated a willingness to contribute $20,000 towards the dog park if the pond and entryway are completed by December I. Pond is already completed, and DogP AC has found a contractor to donate service for constructing the entryway. The disc golf course is "unofficially" open. Jeff Harper reports many good comments. An official opening will be scheduled sometime next spring. Brookland Park is near completion. Bidding process for the Riverside Festival Stage improvements will begin soon. ADJOURNMENT Moved bv Reisetter, seconded bv Raaz to adiourn the meetinl!: at 7:30 p.m. Unanimous. Parks and Recreation Commission November 9, 2005 Page 7 of 7 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2005 TERM NAME EXPIRES 1/11 2/8 3/8 4/12 5/10 6/7 7/19 8/9 9/13 10/11 11/8 12/13 Craig Gustaveson 1/1/07 X X X X X OlE OlE X X NM X Judith Klink 1/1/07 OlE X X OlE X X X X X NM X : Margaret I Loomer 1/1/08 X X X X X X X OlE X NM X Ryan O'Learv 1/1/10 X X X X X X X X X NM X Matt Pacha 1/1/09 X X X OlE OlE X X OlE X NM X Jerry Raaz 1/1/08 X X X X X X X X X NM X Phil Reisetter 1/1/09 OlE X OlE X X X OlE X X NM X John 1/1/07 Watson X OlE X X X X X X X NM X John Westefeld 1/ 1/ 10 X X X X X X OlE OlE OlE NM OlE KEY: X= 0= OlE = NM= LQ= Present Absent AbsentlExcused No meetiug No meeting due to lack of quorum Not a Member I][] MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, NOVEMBER 2,2006 LOBBY CONFERENCE ROOM, CITY HALL Preliminary Members Present: Mark Seabold, Chuck Felling, Terry Trueblood, DeLayne Williamson, Emily Martin, Emily Carter-Walsh, Rick Fosse Members Absent: none Staff Present: Karin Franklin, Brian Boelk Others Present: Jean Walker, Howard Collison, Rod Lehnertz, , Pam Trimpe CALL TO ORDER Seabold called the meeting to order at 3:33 PM. RECOMMENDATIONS TO CITY COUNCIL None PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Walker mentioned that she thought the statue of Irving Weber on Iowa Avenue looked diminished. CONSIDERATION OF THE MINUTES OF THE OCTOBER 5. 2006 MEETING MOTION: Fosse moved to approve the minutes as submitted. Carter-Walsh seconded the motion. Motion passed 7:0. REVIEW OF SUBMITTALS FOR THE GRAND AVENUE ROUNDABOUT PROJECT Franklin said that the committee has gone through a preliminary screening of the artists' submittals. The committee sent the remaining proposals on to the University officials and the Melrose Neighborhood Assoication after this meeting's review; the next step is to select one to three artists as finalists for consideration. Gene Anderson Seabold said that the art is pretty organic. The second submitted proposal is more typical of Anderson's work. Walker said that the stone proposal was Melrose neighborhood's third favorite choice. The neighborhood was concerned that cars would not be able to see pedestrians walking around. Franklin mentioned that the committee could work with the artist to incorporate changes to the artwork if there were particular things the committee disliked. John Anderson-Bricker Seabold said that the committee all liked this piece. The perimeter may need to be modified to ward off leaves and garbage getting trapped in the art. Franklin said that the inner circle is 8 feet tall and the outer circle is 5 feet tall. The middle portion is 12 feet tall. Walker said that Melrose neighborhood thought that this piece of art is too busy. Iowa City Public Art Advisory Committee Minutes August3,2006 Page 2 David Black Seabold said that this piece is totally different from other submissions. He really likes that it has a lot of movement. Everyone seemed to agree that this piece would really stand out on the hill. Seabold mentioned that there is always an opportunity for a berm or a limestone wall around the art. Lehnertz brought up that the way the artwork is landscaped can help to keep people off and downplay the maintenance required. Pam Trimpe came in late and asked if the public art committee is set upon having artwork in the roundabout. Trimpe mentioned that the area is already a very busy place with a lot to look out for. Walker mentioned that Melrose neighborhood also had that concern. Franklin said that the group needs to keep in mind that the purpose for the roundabout is to organize traffic and pedestrians that are currently passing through the area. The pedestrian crossings will be pushed back and they will be clearly marked. The roundabout will better organize the traffic. Walker mentioned that artwork with landscape qualities may not be as distracting. Ed Carpenter Franklin said that Carpenter's pieces do not move. He does use light in most of his work. Franklin said that if the committee is interested in this artist, the City would be looking at something that is very much scaled down from his proposals of past work. Presumably, the costs will be scaled down as well. Robert Ellison Walker said that Melrose was concerned that people would be drawn to the artwork and want to climb on it. Carter-Walsh said that the colors make the piece look dated. Collison said that the upkeep on this piece would be very difficult and it would not look good once it got dirty. David Hale Franklin said that David Hale is a University student. Walker said that this piece was the neighborhood's first choice, but they were concerned about whether he had the experience to pull it off. Walker said that the neighborhood felt that this piece fit the sight well, the color would blend in, but not disappear, and they liked the feeling of motion caused by the clouds on top. Seabold said that the piece is predominantly granite with steel bars in between. Trimpe thought that people would climb on it as if it were a jungle gym. Carter-Walsh said the piece is attractive. Seabold said that it is more inviting than Gene's piece. Lehnertz wondered whether the group is looking for something that will be a beacon drawing the driver up the hill. Seabold said that the site is probably one of the most prominent sites in the city. Lehnertz said that something very large and prominent would be very hard to take in as a driver is moving past the site. Jon Barlow-Hudson Walker said the neighborhood thought the first proposal was too tall for the width. Trimpe said the shapes in this proposal were great. Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 3 Howard Kalish Walker said that this proposal was not a favorite of the neighborhood. She thought it would be referred to as pick up sticks. Martin said that it is not very substantial as far as blocking the site. Williamson said that she liked it, but not for this site. Lehnertz said that from a distance the colors would disappear. Fosse clarified that in roundabouts, it is a design technique to include artwork that you cannot see through so that you do not see oncoming traffic. Mark LaMair Seabold mentioned that LaMair just did a sculpture for the Sycamore Greenways Trail. He said that it looks inviting. Lehnertz mentioned that it looks like a bench to sit on. Fosse wished that all of the artists would have included the surrounding buildings in their proposals. Tuck Langland Franklin said that this piece is three dancers that are all pointing in the direction of the streets. Walker said that the neighborhood did not think that the location was good for a figurative piece. It would attract too much attention. Mark Leichliter Williamson said that duet is 12 feet tall. She pointed out that the sculptures show an 'I' and a 'C' for Iowa City. Walker said that the neighborhood thought it was too thin. Don Mitchell Seabold mentioned that Mitchell recently created the sculpture at the Kicker's Soccer Park. Fosse said that the purpose of the roundabout is to bring order, and this sculpture is not calming. Walker said that the neighborhood felt that the second proposal looked like a ferris wheel. Steven Woodward Walker said that the neighborhood thought that this piece would be the most polarizing. People would either love it for being whimsical or hate it for being too obvious. Carter- Walsh said that the piece is 6'9" feet tall. Fosse said that the piece would be a great place to sit and would attract too many people to it. Seabold suggested that the group make a short list of the proposals they like. Fosse wanted to hear from the University. Lehnertz said that he wants the piece to stay practical. The major concerns for the University are the idea of traffic order and calming. He thinks that no matter what is done at the intersection, it will still be a challenging intersection. Almost all of the traffic is coming from one direction, so people on the other sides are not used to people coming from other directions. Lehnertz said the piece should be centered in landscaping and less-visually impressive. He mentioned creating a prairie, or something similar, to landscape the roundabout. He mentioned that Gene Anderson's pieces would fit the site without distracting drivers. Collison said that he likes Gene's second proposal. He thought that the group should ask the artist for a couple of other proposals. He likes the idea of some interesting artificial boulders. Lehnertz said that the artist could work with the University's landscaper. Trimpe said that her first preference would be only landscaping. Her second Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 4 preference would be to go with Gene Anderson. She said that she does not want the piece to look as random as Gene's first proposal and suggested bringing in the artist to voice likes and dislikes. Trimpe left the meetina at 4:22 PM to teach a class. Boelk likes Gene's proposal as well. He wondered if blackening or engraving the art could be a possibility to provide direction to drivers. Lehnertz said that the University wants a 20 foot tall directional sign. He said that if people do not have enough guidance there will be accidents. Walker said that she understands the practicality, but this is meant to be a work of art. Lehnertz said that preparatory signs could get the signs off the island. He said the University's biggest concern is people coming from Melrose. Fosse said he likes the idea of working with Gene and asking him to come back with additional options. Lehnertz said that he would encourage Gene to think about the island from a landscape perspective. He said that Bob Brooks would be happy to work with him. If he wants a landscape consultant, Brian Clark is usually the University's first choice. Seabold asked if the group wants to work with anyone else, or if they would like to select Gene Anderson. The group seemed to agree that everyone would be happy with Gene Anderson. Fosse said ornamental grass would be more effect.ive than prairie grass. Lehnertz said that if the group wants to go with Bob Brooks, since this project is not too intensive, that he would be happy to meet with the committee to discuss landscaping options. ADJOURNMENT The meeting was adjourned at 4:35 P.M. Minutes submitted by Abby Attoun. I I I Public Art Advisory Committee , , Attendance Record I 2006 I Term Name Expires 1/05 2/2 3/2 4/6 6/1 7/6 8/3 9/7 10/5 11/2 Emilv Carter Walsh 01/01/08 OlE X OlE X X OlE X X X X Charles Felling 01/01/09 X X X X X X X X X X DaLavne Williamson 01/01/09 X X X X X X X X OlE X Emily Martin 01/01/08 X OlE X X OlE X X X X X Mark Seabold 01/01/07 X X X X X X X X X X Rick Fosse X X OlE X X X X OlE X X Terrv Trueblood X X X X X OlE X X OlE X I Key: i X = Present , i I 0 = Absent i I OlE = AbsentnExcused I i ! ! \ i i I I , I , MINUTES IOWA CITY HUMAN RIGHTS COMMISSION TUESDA Y, November 2S, 2006 LOBBY CONFERENCE ROOM, CITY HALL PRELIMINARY I][J Members Present: Bev Witwer, Sara Baird, Paul Retish, Scott King, Martha Lubaroff, Kate Karacay, Geoff Wilming, Sehee Foss. Members Absent: Lisa Beckmann Staff Present: Stefanie Bowers. Others Present: Andy Albert, Paul Welsh, Jack Jessop. Call to Order Witwer called the meeting to order at 7:02 p.m. Consideration of the Minutes of the September 26, 2006 meeting MOTION: King moved to accept the minutes as submitted, and Retish seconded. The motion passed on a vote ofS-O. Recommendations to Council There was no discussion. Andv Albert Andy Albert representing the Oakcrest Neighborhood Association discussed issues some of the residents are having concerning stereotypes, transportation and general well-being. Attendance Bowers reviewed the attendance policy contained in the bylaws for the Human Rights Commission. December Meeting Date The Commission will hold their meeting for the month of December on the 19th at 7 p.m. in the Lobby Conference Room. Cultural Diversity Dav Commissioners will participate in Cultural Diversity Day on February 25 from 12-5 p.m. at the University of Iowa Field House. Lubaroff, Baird, King and Foss agreed to volunteer for this event. Youth Human Rights A wards The Commission would like to hold this event in April 2007 at the Englert Theater, Bowers will look into possible dates. Human Rights Breakfast and Possible Speaker The Commission will hold the Annual Breakfast in mid to late October. Bowers will look into possible dates. Handouts for International Non-Native Speakers King presented a final draft of the handout and the next step is to get the handout translated into several different languages. The handout will be available at City Hall, on the City Website and at the Iowa City Public Library as well as various cultural centers. Film Series Commissioners developed a list of films they would like to show in the upcoming year. Bowers will check on availability. Read Cases Commissioners read one case in which no probable cause was found. Relational Ae:gression Commissioners will discuss at the next meeting whether this is an event they will sponsor in the future. ReDarts of Commissioners Lubaroff would like to invite Dorothy Simpson-Taylor to present at the next Human Rights Meeting in hopes of working on a joint project with the Office of Equal Opportunity. Retish reported on the success of Building Blocks. Status of Cases Bowers updated Commissioners on the status of cases. Adiournment There being no further business before the Commission, Retish moved to adjourn. King seconded and the meeting was adjourned at 8:29 p.m. 2 Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2006 (Meetin Date TERM NAME EXP. 1124 2128 3/28 4/25 5/23 6127 7/25 8122 9126 10/24 11128 12119 Lisa Beckmann 111107 X X X X NMN X X X X NM OlE Q Paul Retish 1/1/07 OlE X X OlE NMN X X X X NM X Q Geoff Wilming 111/07 X X X X NMN OlE OlE X OlE NM X Q Sara Baird 1/1108 X X X X NMN X X X X NM X Q Bev Witwer 1/1/08 X X X X NMN X X X X NM X Q Scott King 1/1/08 X X X X NMN OlE X X X NM X Q Martha 111/09 X X X X NMN OlE OlE OlE X NM X Lubaroff Q Sehee Foss 1/1109 X X X OlE NMN OlE OlE X OlE NM X Q Kate Karacay 1/1/09 X X X OlE NMN X X X OlE NM X Q KEY: x = Present o = Absent OlE = AbsentlExcused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum 3 ~ DRAFT~ NOVEMBER 2006 MINUTES SENIOR CENTER COMMISSION NOVEMBER 21, 2006 G08/09 SENIOR CENTER Meeting called to order at 3:30 PM Robert Engel, Dave Gould, Jay Honohan, Betty Kelly, Nancy Wombacher Jo Hensch, Sarah Maiers Linda Kopping Lynn Campbell Call to Order: Members Present: Members Absent: Staff Present: Others Present: RECOMMENDA nONS TO COUNCIL None APPROVAL OF MINUTES Motion: To approve the October minutes with the following corrections: Under Commission Assignments correct the spelling of Bob Engel's name. Engel/Kelly- Motion carried on a vote of 5-0. PUBLIC DISCUSSION None COMMISSION ASSIGNMENTS Wombacher has agreed to write the summary of to day's meeting for posting on the website. Honohan volunteered to report on this meeting to the Board of Supervisors and the City Council. Engel has agreed to write the web article for the December meeting and to report on that meeting to both the City Council and Board of Supervisors. Gould has agreed to write the web article for the January 2007 meeting and to report on that meeting to the City Council and Board of Supervisors. ADJOURN TO A MEETING OF IOWA CITY SENIOR CENTER FUND, INC. Motion: To adjourn to a meeting ofIowa City Senior Center Fund, Inc. at 3:34 PM. Kelly/Gould-Motion carried on a vote of 5-0. SENIOR CENTER COMMISSION MEETING RECONVENED AT 3:40 PM UPDATES AND DISCUSSION OF THE PENDING PARTNERSHIP AGREEMENT WITH THE UNIVERSITY OF IOWA CENTER ON AGING--Honohan The original grant proposal and budget were distributed and reviewed along with correspondence from the Bernard Osher Foundation that was provided by Julie Bobitt I DRAFT NOVEMBER 2006 and distributed in the meeting packet. Several aspects of the grant and pending partnership were discussed, including: I. The allocation of the $100,000 grant. The original proposal, asking for $100,000 to establish an Osher Lifelong Learning Institute at the University ofIowa, included approximately $25,000 to establish a new community based fitness program and several class series that were to be organized and implemented by the Center. The proposed fitness program was not approved by Osher and the funding allocated for this (approximately $16,000) was absorbed by the Center on Aging for other aspects of the Osher programming. Kopping's request to have the funding reallocated to cover salary expenses for Center staff working on Osher program development were reviewed and denied by the Center on Aging. At this point, any revenue gained by the Center as a result of this agreement will come from a possible increase in Center memberships and 50% of all participant fees for the eight class series that are to be organized and implemented by the Center for the Osher program. Moreover, because the eight class series are essentially the same type of programming currently offered at the Center, there will be no enhancement to current programming offered at the Center. Commissioners expressed concerns related to the allocation ofthe $100,000 grant, the operational expenses the Center will need to absorb when developing Osher programming and the minimal financial and programming return for this investment. At this time there appears to be little or no benefit to the Center's participation in the Osher program. 2. A lack of a long-term commitment on the part of the Center on Aging to the Center's partnership in the Osher program is unsettling. It is conceivable that the Center could help establish a successful program that will ultimately duplicate and then compete with Senior Center offerings. 3. Despite being identified as a partner, the Center is not represented on the Osher Steering Committee or any other planning committee associated with the program. The Senior Center has not been informed of any ofthe discussions that have taken place or decisions that have been made. 4. Restrictions the Center on Aging wants to impose on the Center's program planning appear to disregard the Center's success over the past 25 years in program planning and development. 5. The start date for the Center's role in the Osher program was November 1,2006. The Center on Aging has had a draft partnership agreement developed by the Center for two months and no further action has been taken. A response to this situation that would be in the best interest of the Center was discussed. Motion: To send a letter to Julie Bobitt, Lori Benz and Dr. Wallace at the University of Iowa Center on Aging indicating that unless a satisfactory agreement is developed and approved by both the Senior Center and the Center on Aging by December 15, 2006, the Senior Center will withdraw from the Osher partnership and forward notice of our withdrawal to the Bernard Osher Foundation. WombacherlEngel- Motion carried on a vote of 5-0. 2 DRAFT NOVEMBER 2006 STATNDING COMMITTEE STATUS REPORT Promotion Committee-Wombacher The first welcome event for newcomers took place in early November and was well received by everyone who attended. Committee members felt the program was a great icebreaker and a good mechanism for introducing people to the Center. They plan to continue hosting these events and have another meeting scheduled for Tuesday, December 4. Gould gave a brief overview of a project he is working on that will involve University of Iowa students and senior citizens. He has discussed a partnership with the Features Editor of the Iowa City Press Citizen and envisions the Center's participation in the planning, implementation and hosting of the project and event. Community Relations and Outreach Committee-Wombacher A second planning meeting for the Speakers Bureau is scheduled for Thursday, Nov 30. Committee members plan to have a planning meeting on Monday, November 27th at 1:30 p.m. Finance Committee-Engel The Finance Committee has not met since the last meeting. OPERATIONAL REVIEW-Kopping Staff reports were reviewed and questions answered. COMMISSION DISCUSSION-Honohan Engel, Wombacher and Hensch were appointed to the nominating committee for 2007 Commission officers. Due to a time conflict with the Voices of Experience holiday program, the next meeting will begin at 3 :45 p.m. Motion: To adjourn. Kelly/Gould-Motion carried on a vote of 5-0. 3 DRAFT NOVEMBER 2006 Senior Center Commission Attendance Record Year 2006 Name Term 1/24 2/21 3/21 4/18 5/23 6/20 8/15 9/19 10/17 11/20 Expires Bob Enael 12/31/08 X X X X X OlE OlE OlE X X David Gouid 12/31/08 X X X X X X X OlE X X Jo Hensch 12/31/06 X X X X X X X X X OlE Jav Honohan 12/31/07 X X X X X X X X X X Bettv Kellv 12/31/07 X OlE X X X X OlE OlE X X Sarah Maier 12/31/06 X X X X X OlE X X X OlE Nancy Wombacher 12/31/06 OlE OlE X X X X X X X X Key: X= 0= O/E= NM = Present Absent Absent/Excused No meeting Not a member 4 J][J Preliminary MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 16, 2006 - 7:30 P.M. RECREATION CENTER - MEETING ROOM B CALL TO ORDER: Brooks called the meeting to order at 7:32pm. MEMBERS PRESENT:Wally Plahutnik, Beth Koppes, Charlie Eastham, Bob Brooks, Ann Freerks,Terry Smith MEMBERS ABSENT: Dean Shannon STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Matthew Schulz (67 Goldfinch Circle), Sarah Swartzendruber (One South Gilbert Street), Ben Longstand, Bryan Alexander (60 Goldfinch Circle), Diedre Fleener (72 Goldfinch Circle), Dave Fleener (72 Goldfinch Circle), Michelle Jones (88 Heron Circle), Brad McCuska (94 Heron Circle), David Gosse (57 Goldfinch Circle), Dave Larsen (Kalona), Dan Tiedt (526 Wood ridge Ave 11) RECOMMENDATIONS TO COUNCIL (become effective onlv after separate Council action): Recommended approval, by a vote of 6-0 (Shannon absent) an amendment to the Zoning Code to allow a minor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: Discussion of a site plan for Lots 40 and 41 Olde Town Village and Auditor's Parcel No. 2006030, a 5-building commercial development located at the southeast corner of Scott Boulevard and Rochester Avenue. Miklo pointed out the documents before the commission: . Revised site plan from the applicants - the plan had arrived at 4;30 and staff has not had the chance to review it yet. . The Commission had requested meeting minutes from the previous meetings at which this property had been discussed. The minutes indicate that in 2000, there was a request to annex the property into the city and zone the property CC-2. The Commission recommended approval contingent on zoning the property interim development until the applicant could bring a concept plan showing how the property would fit in with the comprehensive plan. The applicant came forward a year later with another rezoning request for CC-2, accompanying by the concept plan shown on the overhead. The Commission was of the opinion that the plan fit the general concept of the Comprehensive Plan even though it did ton follow the Northeast District Plan exactly. . An enlarged, more detailed concept plan ----~._._~._._._-,.~.<-----_."_._----_._------_._---- Planning and Zoning Commission November 16, 2006 Page 2 . A site plan for Lot 48 which is in the NE corner of the property (this plan was approved). Even though the concept plan showed a convenience store on this lot, staff had approved retail/office buildings in this location because the building designs and locations met the principies outlined in the Conditional Zoning Agreement (CZA) including builds adjacent to the sidewalk and parking being located behind. Miklo reviewed the reason why this site plan is before the Commission. The site plan must be reviewed by the Planning and Zoning Commission if owners of more than 20% of the property within 200 feet of the property included in the site plan, sign a petition. There were a number of deficiencies in the site plan but many of them may have been corrected in the plan that was submitted at 4:30 this afternoon. To give the Commission and staff time to review the revised plan, Miklo recommended that a meeting be called next week to discuss further. In addition to the technical requirements The Commission must also determine whether the site plan meets the concept plan that was included in the CZA Brooks asked if there were any questions for staff. There were no questions for the staff. Brooks opened the floor for comments from the applicant. Sarah Swartzendruber, attorney for the applicant, expressed the excitement of many of the residents in the area about the development and the businesses and restaurant that it will bring to the area. She said many of them wanted to come to support the project but she advised them not to because Commission should stay focused on the site plan and not some of the issues like traffic that some of the other neighbors might bring up. Swartzendruber stated that the site plan is very technical and is usually handled administratively. The site plan is required to be approved if it complies with the underlying zoning classifications (the conditional zoning agreement). The numerous technical difficulties that were present have dwindled to minor landscaping revisions, approval of ATM special exception considerations, and a lighting plan. Swartzendruber stressed that the site plan is not required to mirror the concept plan exactly. She requested that the Commission approve the plan subject to the three minor deficiencies being corrected. Plahutnik refereed to CZA #2, subsection 3, subsection 2 and asked which side of the buildings was the front and which was the back. Swartzendruber answered that the buildings can be accessed from both sides, it has two fronts, making it pedestrian-friendly. Eastham said that since the CZA has a concept plan attached, it is important to make sure that the site plan matches the concept plan. Eastham thinks there is more variance than is usually seen between a concept plan and a site plan. Also, the concept plan shows that linear space of the parking adjacent to Scott Boulevard is approximately 1/3 of the space between Middlebury and the corner of Scott. Eastham feels that this does not correspond with the concept plan in this regard. Swartzendruber said the concept plan was there to give guidance to those who are reviewing the site plans. When the Zaijicek site was rezoned and incorporated into this development, there were discussions that they did not want to submit a concept plan because it is difficult to know what you will do with a site until you have a user. When the bank made the application, they thought it would be a good way to bring the two properties together (Lots 40 and 41 and the Auditor's Parcel-Zaijcek). Eastham said his concern is the linear nature of the parking and the lack of landscaping as opposed to the original concept plan. Planning and Zoning Commission November 16, 2006 Page 3 Swartzendruber said that if the original linear nature was followed as proposed, you would have a sea of parking along Scott Boulevard so they amended their plans to take this into account as well as comply with the CZA and zoning requirements. Ben Longstand with Build to Suit stated that his company originally came forward with a plan to only develop lots 40 and 41. They then decided to submit the plan for all 5 buildings as requested by staff. The parking has changed because in order to get enough spots for commercial use you would have ended up with a sea of parking between the bank and Rochester. The concept is that there are two front doors to the buildings and it is very pedestrian friendly. The developer is talking to several local businesses who are interested in moving or expanding to the east side. Public Discussion was opened. Matthew Schulz (67 Goldfinch Circle) said he went around to various houses last night and got signatures from 20 households as compared to only 7 households that signed the required petition. Schulz is not trying to inhibit the plan but has concerns about the circled site which is zoned neighborhood commercial in the Comprehensive Plan. The site only succeeded in being rezoned to CC-2 when it was attached to a CZA which referenced back to the district and Comprehensive Plan. He thinks there is much more to consider than technical questions. Schulz pointed out CZAs that were of concern to him as much more than technical questions. This is why Schulz would like P&Z to review this application instead of staff. Schulz is also concerned that the site plan differs substantially from the Comprehensive Plan and conditional zoning arrangements for the site. Schulz stated that many of the people who signed his petition do not have homes facing Scott Blvd but are concerned by the difference between the concept plan and the site plan. Schulz discussed the difference between the number of parking spaces in the concept plan and site plan. Schulz also brought forward concerns from the residential neighbors that they will be exposed to additional light and noise due to increased traffic. Requested that some if not many of the parking spaces on Scott be replaced with landscaping. Bryan Alexander (60 Goldfinch Circle) said his major concern is noise, especially early in the morning. He claims that only two people have come in to support the project but they have multiple signatures that do not support. He is also concerned with the size of the signs and the aesthetics of the buildings. He wishes that they would look more like houses with pitched roofs such as the Iowa State Bank on 1 'I Avenue. He is also concerned about the odors that may come from restaurants and thinks it unfair that the developers don't have to live in the area that they develop and that the residents will not profit from the new businesses. Diedre Fleener (72 Goldfinch Circle) passed out a site plan that she had prepared that showed the parking on the interior of the buildings instead of the exterior. She is concerned because she feels that the developer has not been forthright enough about the process and she wishes that they would not have gone to some of the petitioners to try and change their minds. She stated that the original plan called for a City Center Square in Coralville type of set-up where the parking was on the interior but then when the plan came out, the parking was on the exterior. Dave Fleener (72 Goldfinch Circle) was excited about the concept plan when it was approved a few years ago as part of the conditional zoning agreement, but doesn't feel that the site plan corresponds with the original concept plan. Planning and Zoning Commission November 16, 2006 Page 4 Michelle Jones (88 Heron Circle) feels that Diedre Fleener's new plan would be much more practical and aesthetically appealing. She hopes that the developers can go back to the original concept plan. Brad McCuska (94 Heron Circle) reiterates Jones' comments and voices his concern about the noise level. He is also in favor of going back to the original plan. Swartzendruber restated that the concerns brought forward today are zoning concerns (sound, signs, lights, etc.) that have already been decided. She reminded the Commission that tonight's discussion is not about zoning but about site plan approval. Public Discussion was closed. Behr mentioned that the governing law for us is the CZA and general conformance with the concept plan. Brooks opened for discussion among the Commission as to whether to approve, approve with conditions, deny, or defer until another date. Brooks reiterated that a decision must be made by November 27 unless all parties agree to push the date back. Smith posed the questions 1) does this comply with the CZA? 2) does it comply with the technical considerations of the ordinance? Smith has heard that they want contained parking, minimal or no set-back, upper floor residential, and pedestrian friendly walkways. Smith sees variances between what is proposed and what is before us now (driven mostly by the new lot that has been included in this new site plan). Smith believes that it does comply with the concept plan and complies with most of the technical deficiencies at first glance. Assuming that the technical concerns can be fixed, he approves. Freerks does not believe the site plan is in general conformance with the concept plan. She thinks there is too much of a difference in the way that pedestrians are taken into consideration and that it will set a bad precedent to approve this plan. She does not think it complies enough with the CZA to merit her approval but she thinks that it would be possible to get to the point where it does. She is supportive of the project with changes. Eastham agrees with Smith's comments that the wording of the CZA and the site plan seem to be compatible. However, he has a problem, looking at the concept plan and the visual site plan, with the linear parking along Scott Blvd. He thinks that the proportion of parking and landscaping on Scott to the other areas is very different between the concept and site plans. He thinks the northern half of the development is okay (more open space). Plahutnik said he is anti-development and doesn't like sprawl. This site was approved as having the main streeUtown center concept. He hears from the residents that if they turned the buildings around to have a blank face toward Scott Blvd that they would be happy. Half the group is saying that Scott is the main street and half are saying that Middlebury is the main street (which is supported by the driveways and curb brakes). The proposed roof lines are much like the ones downtown on Clinton, Dubuque, and Washington. They fit in with the classic building concept. The buildings fit the requirements even though they don't match the concept plan exactly. He suggested that the developers get rid of some parking spaces and replace them with trees. Koppes sees the concept plan extended by the CZAs to the Zaijicek prorty. She feels that the concept plan is in general conformance if there are more trees added. Planning and Zoning Commission November 16, 2006 Page 5 Brooks said he differs from the feeling that this complies with the concept plan. He doesn't see the open spaces, the pedestrian walkways, etc. that he saw in the concept plan. According to his calculations, the amount of green space has been significantly diminished (from 29% to 14%). He doesn't feel that it conforms for that reason. He feels that the Commission sets a tone with what they approve. Brooks feels that this sets a tone for the remainder of aide Towne Village and other development on the east side of Iowa City and this needs to be at a higher level of conformance to the concept plan before he will approve. He is a little disappointed in the architecture and thinks the developer could have done more with the "aide Towne" or historic theme, but that was insignificant in his decision. His main concern is the lack green space and landscaping. Miklo said that it appears that there would be one or two Commissioners who would vote to approve the site plan subject to conformance with technical requirements, one or two who would approve it with the addition of more trees in lieu of parking and 3 who find that the site plan does not comply with the CZA concept plan and that more work is needed. He said at best there may be a 3-3 vote, a tie vote will fail the site plan altogether so he recommends having another meeting before November 27. This would give the parties involved time to work toward meeting the concerns regarding additional landscaping. Brooks feels that the commission should not rush the process and should see if they can come to an agreement to move the decision to December but Smith feels that the commission is in a position to make difficult decisions and that they need to make those decisions according to their obligations. Motion: Smith moved to approve lots 40 and 41 on the condition that it corrects all technical deficiencies. Motion died without a second. Koppes moved to defer until a November 27 meeting. Plahutnick seconded. Motion carried unanimously. REZ06-00021: Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Miklo said the Comprehensive plan supports either CI-1 or CC-2 so staff feels it might be appropriate to rezone either some or all to commercial office or leave some CI-1, especially the area to the east away from Mormon Trek Boulevard. There is some question as to whether PIP Printing would be a conforming use with the CO-1 zone. There was a staff meeting earlier today to determine this and there was not consensus among staff. The question may be reviewed by the Zoning Code Interpretation Panel. The property owner would consent to CO-1 zoning if it is determined that PIP is a quick printer or copy service and thus allowed in the zone. If it is determined to be a printing plant and therefore a nonconforming use in the proposed CO- 1 zone, it was his understanding that the property owner would object to his property being rezoned. He reiterated staff's recommendation to not approve the original request to rezone this area to CC-2 or putting medical offices back in the Ct-1 zones. Staff recommendation is to defer this to the December 7 meeting as the applicant chooses which lots he would like to request be zoned CO-1 and which lots if any he would like to remain CI-1. Brooks said the application before the commission is requesting a rezone to CC-2, but the Commission is hearing that this might be changed to a different type of zoning. Would the original application have to be denied? Miklo said the application could be amended. A whole new application would not be necessary. Planning and Zoning Commission November 16, 2006 Page 6 Brooks asked if consent would be required of the other property owners in the area? Miklo said the applicant has indicated that he has their consent, we can get it in writing before the next meeting. Floor opened for applicant's comments. Dave Larsen said all the parties involved have been contacted and he requests the commission's input on what is likely to result from the zoning consideration. Along Highway 1 (lot 2, lot 1 - office) (lot 3, 4 - office) (lot 2, 4, 3 of plat 4 - remain CI-1 along with Sneblen Farm). Could we stairstep into the office rezoning and change more lots to office in 6-12 months? Koppes asked does Sneblen Farms want to go to CC-2 or stay at CI-1? Larsen said Sneblen has agreed to do what's best for the whole. They said to try to keep the CI-1 but if necessary to change to CC-2 they would be agreeable to that as well. Everything west of Mormon Trek is zoned CH. Smith's concern is with PIP printing. He wants to avoid spot zoning and wants to make the rezoning comprehensive - rezoning the 1, 2, 1, 3, 4 strip is substantial enough not to be considered spot zoning. Smith would support limit rezoning portion at this time. Brooks opens the floor for public discussion. Dan Tiedt with PIP Printing said he would like a change to CO-1 if his business is determined to be quick printing and therefore a permitted use in the CO-1 zone. Medical was allowed when they bought the property and he would prefer to allow medical back in. Tiedt gave Miklo a letter from the PIP franchise that says that they are a quick printer which is acceptable for CO-1. He would like the Zoning Code Interpretation Panel to determine if his business qualifies as a quick printer. Tiedt would not support pocket zoning leaving him as the only CI-1 property or rezoning his property so that his business has a non-conforming status. Brooks closed public discussion. Brooks wants to settle what the zoning is going to be for planning purposes. Planning projects the future and determines what best suits an area and not what best suits the short term market. Brooks supports CO-1 because it will enhance visitors' view of the city. Eastham supports more flexibility and thinks rezoning presents a challenge to the zoning code as it is written now. Eastham would like to reserve some options for the future, but doesn't know that he'll be on the Commission to exercise those options in the future. Brooks supports rezoning to CO-1. There was discussion among the Commission about the visual appeal of CO-1 as opposed to CI-1. Brooks confirmed Larsen's intentions that lots 1, 2, of part one and 1, 3, 4 of part two to CO-1; lots 2, 4, 3 and Sneblen stay CI-1, or move to CO-1. Miklo suggested that the same zoning be on opposite sides of the street. Brooks and Smith indicated that although they see that point, they felt that it is important that the lots that are visible from Highway 1 be zoned CO-1. Planning and Zoning Commission November 16, 2006 Page 7 Dave Larsen wants 1, 2, 1 to stay the same and 2, 4, 3 to be office. Will try to decide by the Dec 7 which lots they want to be zoned which way. Miklo: regarding the classification of Tiedt's business, the Zoning Code Interpretation Panel, consisting of Building Official (Director of Housing Inspection Services), Director of Planning, City Attorney's Office representative) will meet next week. The City Manager will decide if there is not a unanimous decision. Srnith motioned to defer to December 7. Plahutnik second. Development Code Item Discussion of an amendment to the Zoning Code to allow a rninor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. Miklo said this amendment is being brought forward to accommodate an existing building that someone is trying to renovate to include parking stalls under the building. The current language would prevent this as it was written for new construction and did not contemplate a situation where an existing building would be modified. The staff recommends approval of this as a minor modification. Brooks asked for questions for the staff. There were none. Brooks opened and closed public discussion. Motion: Freerks made a motion to approve. Smith seconded. Carried unanimous. Consideration of 10/5 and 10/19 minutes Motion: Smith made a motion to approve. Eastham seconded. ADJOURNMENT: Motion: Smith made a motion to adjourn. Plahutnik seconded. Motion carried on a vote of 6-0 (Shannon absent). The meeting was adjourned at 9:28pm. Minutes submitted by Megan Weiler s/pcd/mjns/2006/11-16~06.doc ~-_._-----_.__.__.-~----_..._-_._-_.. Iowa City Planning & Zoning Commission Attendance Record 2006 I FORMAL MEETING I Term Name Expires 115 1119 212 2116 312 416 4120 5118 611 6115 716 7120 813 8117 9/7 9121 1015 10119 11/16 B. Brooks 05/10 X X X X X X X X X OlE X X X X X X X X X C. Eastham 05/11 ---- ---- ---- -- -- ---- ---- -- -- X X X X X X X X X X X X A. F reerks 05/08 X X X X X OlE X X X OlE X X X X X X X X X E. Koppes 05/07 OlE X X X X X X X X X OlE X X X X X X X X W Plahutnik 05110 X OlE X X X X X X X X OlE OlE X X X X X X X D.Shannon 05/08 X X X OlE X X OlE X X X X X X OlE 0 X X X OlE T. Smith 05/06 X X OlE X X X X X X OlE OlE X X X X OlE X OlE X INFORMAL MEETING Term Name Excires 2113 2127 4117 5115 7117 7131 8114 9118 1012 11113 B. Brooks 05110 X X X X X X X X X X C. Eastham 05/11 ---- ---- -- -- X X X X X X X A. Freerks 05/08 X X X X X X X X X X E. Koppes 05/07 X X X X X X X X X X W Plahutnik 05110 X X X X OlE OlE OlE X X X D.Shannon 05108 OlE 0 OlE X X X OlE X X X I T. Smith 05/06 X X X OlE X X X OlE X X I Key: I X = Present , , 0 = Absent i I OlE = AbsenVExcused I , I i ! , I r:n PRELIMINARY MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, NOVEMBER 16, 2006, 6:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Call to Order: Meeting called to order at 6:40 P.M. Members Present: Jerry Anthony, Steve Crane, Marcy DeFrance, Holly Hart, Matthew Hayek, Thomas Niblock, Brian Richman, Michael Shaw Members Absent: None Staff Present: Tracy Hightshoe Others Present: Blake Mosher RECOMMENDATIONS TO COUNCIL /become effective onlv after separate Council action); None Approval ofthe October 19. 2006 Meetina Minutes Hayek moved to approve the minutes as submitted. Hart seconded, and the motion carried on a vote of 8-0. Public Comment of Items Not on the Aaenda Anthony said there was a regional Housing Summit on November 14, organized primarily by the Housing Trust Fund of Johnson County, but also with involvement from other groups. There were approximately 100 people in attendance. The keynote speaker was the CEO of the Silicon Valley Leadership Council, which helped raise funds for affordable housing in that area. Anthony said this is also the National Hunger and Homelessness Awareness Week. The Local Homeless Coordinating Board is sponsoring several activities for this the week. There was a hunger panel organized on the 15th and there is a Sleep Out on the 18th on the corner of Southgate and Waterfront. This is being coordinated by the Johnson County Local Homeless Coordinating Board. They had planned to do a Homeless Simulation on the 18th, but that has been cancelled. Crane asked how the summit went. Anthony said it went very well. The speaker had a lot of ideas and stated that for him the pursuit of affordable housing was a matter of enlightened self interest as well as for many partners in his community. His company was competing with College Station, TX, for new IT graduates out of college. College Station has very low housing costs compared to their region making first time homeownership very expensive and difficult. To compete with competitors outside the region, it became necessary to begin providing affordable housing in the Silicon Valley area to be able to recruit and retain their workforce. Hightshoe said the average housing price in Silicon Valley was over $800K per unit. Anthony said College Station's average was $180K. Housing and Community Development Commission Minutes November 16, 2006 Page 2 Hightshoe said Council appointed Andy Douglas to HCDC on the 15th. He will likely attend the next meeting. New Business Discuss and Review FY08 CDBG/HOME Funding Process Timeline Hightshoe noted that the meetings for the upcoming year do not always fall on the third Thursday of the month during the allocation period. In March the schedule was modified to avoid the University's spring break. Hightshoe said there are two meetings in March; the meetings will be on the 8 and 22nd Also, the February meeting is on the 22nd due to scheduling difficulties with meeting rooms. Thus the meetings in February and March will not fall on the third Thursday. She asked the commission members to double-check their calendars and make adjustments as needed. Shaw asked whether any of the meeting dates were on Wednesdays. Hightshoe stated no, there were no HCDC meetings scheduled on Wednesdays. In the schedule, there may be some due dates for rankings forms and other matters on days other than Thursdays, but not HCDC meetings. Crane asked if two meetings in March are typical. Hightshoe said yes, those are the meetings when final decisions on funding allocations are made. The first meeting is a review of all the requests and available funds, while decisions are made at the second meeting. The recommendation made at the second meeting is then forwarded to council. Niblock asked how likely it is that the April 30 meeting will happen. Hightshoe said it has not been needed in the past few years. There have been times that commission members have attended council meetings to give additional information as to the rationale of what was funded or not funded. A separate meeting with council is not common. Crane asked if the two applicant workshops have only four commission members in attendance. Hightshoe said those meetings are for the applicants and staff; however they are open to commission members. HCDC members do not need to attend unless interested. She said the schedule includes the entire process, not just the HCDC meetings. HCDC members can attend council meetings or the applicant workshops, but it is not required. The timeline gives HCDC members knowledge of the entire process and what needs to happen at what time. Some of the deadlines, such as for the justification memo, are usually dealt with in a subcommittee. Anthony asked if a vote is needed on the timeline. Hightshoe said no, the commission only needs to review it. Hightshoe stated that the application forms stayed the same from last year except for the addition of a question regarding identity of interest issues. Joint financial interests are legal, but must be disclosed. Shaw asked what happens if this information is not disclosed. Hightshoe said it might raise questions or complicate other issues, even though it is legal, if it is not disclosed before the funding is granted. An example would be that the owner or general partner is also the construction company. If a problem develops it would look bad to the public that the arrangement was not disclosed. It also helps when monitoring/evaluating the project to ensure each relationship is an arms length transaction and that poor performance will lead to sanctions or contract termination. Approve FY08 CDBG/HOME Application Materials Hightshoe said there is more money available this year for allocation as there was more program income than expected as well as the $89,000 in HOME funds that was not allocated last year. The council discussed the Economic Development Fund at a recent work session. There is currently $245K in the fund with a potential of an additional $75K added as a previous CDBG recipient may decline the award. If this happens, there will be approximately $320K in the fund. Council decided not to put a set-aside into economic development for FY08. The Housing and Community Development Commission Minutes November 16, 2006 Page 3 Council is looking to amend CITY STEPS by approving a resolution that states 15% of the CDBG entitlement be reserved for economic development activities unless the fund's balance is $250K or over. If the fund's balance is over this amount, no additional funds will be allocated that fiscal year. Staff anticipates that there will be no economic development set-aside in FY08. Hightshoe said staff will initiate a 30-day public comment period for this change. She said she would be giving the commission an update regarding when the comment period begins, but that it should be resolved before the allocation meetings in March. Anthony asked when council made this decision. Hightshoe said council discussed it at a work session and directed staff to proceed. They will offiCially review it at a Council meeting after the 30-day comment period. CITY STEPS requires a 30 day public comment period and Council action for any substantial amendment to the plan. Anthony asked if the 15 percent would be calculated from both CDBG and HOME funds. Hightshoe said the 15 percent will be calculated from CDBG only. Anthony confirmed that is an additional change from previous practice. Hightshoe said yes. She stated that for the years when no additional funds are allocated to the Economic Development Fund, the question is where to allocate those funds. Only two areas remain that are not limited by federal caps: housing and public facilities. Hightshoe said in the applicant guide the ED funds were distributed to the housing and public facility categories by the pro-rated percentages that are in the existing plan. Richman asked if the total includes the money that was not allocated last year. Hightshoe said yes. Crane asked if there were many requests for economic development funding last year. Hightshoe said there were two applications. One was denied and the other was referred to landfill reserves. Crane questioned if the issue is getting the word out about the availability of funds. Hightshoe said yes, that is one of the reasons. Hightshoe said the council Economic Development Committee recently revised the application form, so it looks like more like a small business administration (SBA) application form. The council approved the new application and staff will begin to market the fund to area lenders and the public. They hope to get some qualified applicants soon. Richman asked if there is a place on the housing application that speCifically requests a pro forma. Hightshoe said yes, it's on the housing application. It states for rental housing applications a pro forma must be submitted with the application. Hightshoe said there is more money to allocate for Public Facilities and Housing, but not for Public Services. Anthony said it is a little more than last year. He asked what counCil deCided to do with the Public Services allocation. Council had asked for HCDC input on the issue. Hightshoe said status quo for now. That was the commission's recommendation. Hayek asked if the balance could be put into Aid to Agencies. Hightshoe said that was discussed at the HCDC meeting, but the recommendation was to leave things as they were. The commission wanted to be able to fund new projects coming in, which is more difficult to do through the council process. Hayek said some of the most interesting applications come in for that category; it's just a very small amount to divide up. Hightshoe suggested having a resolution to approve the timeline and application materials unless there is more discussion. Housing and Community Development Commission Minutes November 16, 2006 Page 4 MOTION: Shaw moved to approve the FY08 CDBG/HOME Funding Process Timeline and application materials (including the proforma for rental housing applications). Richman seconded, and the motion carried on a vote of 8-0. Old Business Discussion of the FY06 Downpayment Assistance Project Hightshoe said these funds were allocated in fiscal year 2006 for downpayment assistance. They have not been used to date. The commission discussed various options at the last meeting and needs to decide what to do with the money. The options include a recommendation to council to continue the program, change it, or recapture the funds for reallocation for FY08. Hightshoe said there have been no applications, which is likely attributed to a number of reasons. As discussed at the last meetings, possible reasons include: assistance can't be used for housing built before 1978 due to lead based paint, aggressive lenders that offer 100% financing, interest only loans, no downpayment, etc, the availability of first-time homeowner programs, the maximum amount allowed in the program is only $5K, and it is a loan rather than a grant. Shaw asked if there was any chance some of those issues might change in the future, such as lenders being less likely to finance 100%. Crane said it is unlikely, since it is very easy now to get total financing from various places. Anthony asked how much was awarded to the program. Hightshoe said $30K. Anthony asked if the maximum amount was increased if the program might work. Hightshoe said it may help, but not change other barriers such as the home must be built on or after 1978. A lot of affordable homes were built before 1978. Anthony confirmed that the money could be used for any type of housing, not just single-family. Hightshoe said yes. Hayek said it seems like being able to get $10K for a $100K condo would make a difference. Richman asked what other concerns people have expressed with this program. Hightshoe said people do not like that they have to pay it back when they resell the home, or within 20 years. DeFrance asked about the interest rate. Anthony said zero. Crane said if the amount awarded was higher it might make more sense to take the program funding for a zero percent loan on a condo, as Hayek was suggesting, however the bank would most likely finance 100% of the loan. There is not a lot of incentive to refer clients to this program from a lender's standpoint if they are able to provide full financing. Hightshoe stated Hills Bank currently administers the program. Many lenders may not want to refer their clients to a different bank for incentives or assistance. Richman said the program makes sense from the standpoint of borrowing $6K at zero percent versus $6K at the current percentage rate. Crane said yes, from an economic perspective, this program would save people money, but the bank makes it so easy to go through them. Shaw said first-time home buyers are going to go with the simplest process possible. Crane said it is likely a matter of public education about the availability of the funds. Hightshoe said when the first down payment assistance program was offered, which was a conditional grant, it took six years to allocate all the funds. DeFrance asked if the city has a lien on the property with this program. Hightshoe said yes, the city places a mortgage on the property. When it is sold, the loan is repaid. DeFrance asked if there is a lien on the property already would the owners be able to get a second mortgage, or would the lien show up and prevent it. Crane said the lien would be already in a second mortgage behind the bank. DeFrance confirmed that the lien would have second position on the home. Any additional mortgages would be in third or fourth position. Housing and Community Development Commission Minutes November 16, 2006 Page 5 Crane said yes. DeFrance asked if the bank would frown on something like that. Crane said yes, most banks would prefer the borrowers to repay the debt in position before their loan even if that meant the borrower repays a 0% loan in exchange for a loan with a much higher interest rate. DeFrance said having a lien on a home does not make sense long term if the homeowner would want to make improvements and need an additional loan in the future. Crane said the purpose of this program is to get people into homes, while improvements are another issue. He said the program is a good idea if the amount is high enough and people know about it. DeFrance asked how the program has been marketed. Hightshoe said a few press releases went out, letters to area lenders sent and Hills Bank, the project administrator planned on doing some marketing. Hightshoe stated the bank may have done some marketing of the fund, but she wasn't aware of the publicity done by the bank. Hightshoe stated although Hills administers the program, they have not referred anyone to the program yet. Crane said if the amount was higher and resulted in a lower bank loan, the interest rate will be better. Hightshoe said it is feasible to increase the amount. Hightshoe said when the program was started, letters were sent to local banks and they did get some calls from lenders. Banks do have turn over so it is possible that several current lenders do not know about the program. Hayek asked if there is a CRA benefit to the bank to do this. Hightshoe said yes. It could have been a possible reason. Crane said if the house is located in a low-income area, there would be a CRA benefit. Hightshoe said in terms of consumer education, they have rehab loans that have conditional occupancy requirements that put a lien on the property but does not require repayment until the house gets resold. Despite the lenient terms, some homeowners will get a home equity or other loan and repay the zero percent loan with an interest loan. The city can't refuse to allow people to payoff their loans, despite the financial savings of the 0% loan and no payments until the house is sold. Richman asked for confirmation that if the money is recaptured it goes into the allocation for this year. Hightshoe said yes. Richman asked if she had any indication from developers or others about who might be planning to apply. Hightshoe said she received calls regarding two possible HOME eligible projects. Both were for transitional housing. One was looking for rental acquisition of 3-5 units and the other for a building that would allow single room occupancy (SRO) housing. There are not many places in the city that are zoned for SRO housing. SRO for transitional housing is allowed only in RS-12 or greater density zones. It may only be allowed in some commercial zones by special exception. Hightshoe said the city might come in with a HOME application as well. Staff will be informing area housing providers about the proposed changes to the investment policies that will allow more flexible terms. Anthony asked if that has been approved. Hightshoe said it formally goes before council after a 30 day public comment period, but the council reviewed it favorably at their work session. Anthony asked if the amount could be increased this year after the applications are received but before the final allocations are made. For example, if the commission does not decide to recapture funds from the down payment assistance program, but decide to do so in February, could it be added to the available funds. Hightshoe said yes, as long as it is done by January, but the recommendation to recapture does have to go before council. Richman said the commission has discussed this program two or three times already and the program is apparently not being marketed. Anthony said maybe it could be increased and given __,_.___~_~_~____"""__'_"_"___'__"______'_~__"".n_"_' Housing and Community Development Commission Minutes November 16, 2006 Page 6 a few months, and see if that generates any more activity. Hightshoe said the Housing Authority (HA) wanted to talk about some sort of home ownership program, though she does not have any details. Richman said doing something through a different venue would give the program more exposure. Hayek asked if the program is currently being done through the HA. Anthony said no. Hightshoe said it is only through the bank. Crane said if the banks do a first mortgage, they usually will go to a personal banker for the second loan. It is another incentive to keep the whole thing with the bank, which would be another reason not to use the banks for this sort of program later on. Anthony said going through the HA makes a lot of sense, since they operate the Family Self- Sufficiency Program, and try to transition people from rental status to home ownership. Hightshoe said the HA already has a tenant-to-homeowner program. She added that she knows only that the HA wanted to discuss potential applications, she did not know project specifics. Hightshoe said the commission could hold off on deciding until January, and she would talk with the HA to find out what they had in mind, and whether the program could roll over to be administered through them. She stated staff would have to review if this would constitute a substantial change and require a public comment period and council action. Anthony asked if the HA is a separate entity from the city. Hightshoe said yes in the fact that the federal government provides their funding. She thought that the funds received are routed through the city, but she is not sure. Hayek asked staff to check into shifting the program over to the HA, whether it is possible and they are willing. Monitoring Reports Iowa City Free Medical Clinic - Case Management Richman said he spoke to Sandy Pickup. The clinic is drawing down in equal monthly installments. They will have all funds drawn by June. The clinic had 470 clients in case management in FY06 and reported no reduction of patients since moving to the new facility. The only change to the program is tweaking some of the drug access programs they have with pharmaceutical companies. Everything else is going as planned. Shelter House - Outreach Coordinator Hayek said this was a $5K allocation to help fund a paid position at the facility. They have paid the amount internally but have not withdrawn it from the city. They have been busy with the Hunger and Homelessness Week activities that they have had trouble coordinating withdrawing the money. They offered to send more data on the number of beds. Hayek told them to just include it with their next application. No changes; this is a position that the commission funds almost every year, so no new information. Hightshoe added that Shelter House moved their administrative offices from Sycamore Mall over to Prentiss Street. ICHA - Tenant Based Rental Assistance Hart said she left messages with the contact, but has not heard back. Hightshoe said she does not think they have spent any funds for this program yet. The last conversation she had with the ICHA, they stated they have to utilize their vouchers before using TBRA, but she can find out more. Anthony asked for confirmation that they entered into the agreement by September. Hightshoe said it was not her project, but she was under the impression that they had. Wood Elementary - Playground Improvements Shaw stated the equipment is purchased and installed, but he does not know whether they have drawn any money yet. They are fund raising for additional pieces of equipment. Hightshoe asked if the flooring was out there yet. Shaw said no. Housing and Community Development Commission Minutes November 16, 2006 Page 7 Crane asked if a project does not use its funds, whether the money goes back into the fund for next year. Hightshoe said yes, it gets reallocated. Hayek said typically groups get a series of reminders and they end up using it eventually. Anthony asked how long they have to spend money. Hightshoe said the city gets measured on their timeliness with CDSG funds, so they usually pressure groups who receive those funds to spend them quickly. HOME funds must be utilized within 5 years. Hillel Student Center - FY06 Accessibility Hayek said he thinks the project is done, but was not able to talk with the contact person. The Housing Fellowship - FY05 Affordable Homeownership Anthony said he has details about several projects that have been funded. The Longfellow Manor Affordable Rental Project, for which they received $220K of city HOME funds, has been spent. The total construction budget was $931 K. They are constructing three duplexes, which are schedUled to be completed by November. The Housing Fellowship is currently advertising the units. Hightshoe said they are very nice units. United Action for Youth - FY05 Facility Rehabilitation Niblock said he was not able to talk to the contact person. He asked what the project was. Hightshoe said she believed it was to add an entrance, make the building accessible, replace windows, and add a childcare area. She said she thinks it is done, and suggested Niblock try contacting Theresa Ulin. Adjournment MOTION: DeFrance moved to adjourn. Hayek seconded, and the motion carried on a vote of 8-0. Housing & Community Development Commission Attendance Record 2006 Term Name Expires 01119 02/16 03/09 03/23 03/29 04/20 07/20 08/15 09/21 10/19 11/16 Brian Richman 09/01107 X X X X X X X X X X X Hollv Jane Hart 09/01107 -- -- -- -- -- -- -- -- -- -- ---- X X X X X I Jerrv Anthonv 09/01108 X X X X X X X X X X X Kelly Mellecker 09/01108 OlE X X X X X X -- -- -- -- -- -- -- -- i Lori Bears 09/01/07 X OlE X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- : i Marcv De France 09/01109 -- -- -- -- -- -- -- -- -- -- -- -- X X OlE X X Matthew Havek 09/01107 OlE X X X OlE X X X OlE X X I I Michael Shaw 09/01106 X X X X X X X X X X X i Thomas Niblock 09/01/08 X X X OlE OlE X OlE OlE OlE X X I William Greazel 09/01106 OlE X X X X X X OlE X X X Yolanda Soears 09/01106 -- -- X -- -- -- -- -- -- -- -- ---- -- -- -- -- -- -- -- -- I Key: I X = Present I 0 = Absent I OlE = Absent/Excused I NM = No Meeting -- -- = Not a Member I I ! I][] MINUTES IOWA CITY BOARD OF ADJUSTMENT NOVEMBER 16, 2006 - 5:00 P.M. EMMA J HARVAT HALL -IOWA CITY/CITY HALL Preliminary CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 pm MEMBERS PRESENT: Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright, Carol Alexander MEMBERS ABSENT: none STAFF PRESENT: Sarah Walz, Sarah Holecek, Karen Howard OTHERS PRESENT: Jeff Raines, Tim Lynch, Glen Siders, Bill Franz, John Beasley, Jim Menloe, John Esten, Ann Esten, Tobu Wilson, Mike Cervantes, Susan Lutgendorf, Phillip Lutgendorf, Nancy Carlson, Tim Weitzel, John Hudson, Sandra Hudson, Mike Pug he, Michael Zimmer, Lisa Ann Johnson, Meg Barron, Tom Bender, Susan Bender, Esther Baker, David Lyndon, Todd Lyndon, Greg Downs, Daniel Peoples, Rob Phipps RECOMMENDATION TO COUNCIL (become effective onlv after seDarate Council action): None CONSIDERATION OF THE OCTOBER 4. 2006 MINUTES Wright said that on page 4, 3" paragraph, there was a missing word between "association" and the phrase "to change". He said that the omission was insignificant but he just wanted to point that out. Wright said that on page 5, last paragraph, the word "Mollen" should be "Mullin". Wright said that on page 6, 1" paragraph, there is a misspelling of "Manville Association". Wright said that on page 7, 1" paragraph, the surname of a speaker was incorrectly written as "Summerville" instead of "Summerwill". Wright said that on page 8, 3" paragraph, there were "random letters" after the word "accessory". Wright said these are all small things that do not change the context of the October 4'h, 2006 minutes, but he just wanted to point them out. MOTION: Leigh moved to approve the October 4'h, 2006 minutes as submitted. Wright seconded the motion. The motion passed 5:0. SPECIAL EXCEPTIONS EXC06-00022 Discussion of an application submitted by First American Bank requesting a special exception for a proposed bank drive-through for property located in the Community Commercial (CC-2) zone at Hawk Ridge and Highway 1. Walz said that the board discussed this at its October meeting and requested additional information with regard to queuing in the access drive where Hawkridge goes into Highway 1. Walz referred to a memo to the board from Anissa Williams, a City traffic engineer, saying that there has been a traffic study conducted and traffic engineers say they do not anticipate a problem, and if there is a problem they have the ability to change a traffic signal. Walz said that while some queuing could take place on the drive, this would only slow traffic on the private drive and not Highway 1 or Hawk Ridge. Angie Solberg, representing the applicant, wrote that they anticipated 25-50 transactions a day. She doesn't anticipate it will significantly increase above that. Jeff Raines of Simonson and Associates said that he could answer any questions. There were no questions from the board. Public Hearinq Closed MOTION: Wright moved that EXC06-00022, an application submitted by First American Bank requesting a special exception for a proposed bank drive-through for property located in the Iowa City Board of Adjustment November 16, 2006 Page 2 of 23 Community Commercial (CC-2) zone at Hawk Ridge and Highway 1, be approved subject to substantial compliance with site plan. Alexander seconded the motion. Wright said board largely discussed this last month. This has to meet specific criteria for special exception and it does. Wright said it appears there will be enough stacking space. There's undeveloped property to west and north and that S3 landscaping should mitigate effects on residential area. Pedestrian area has been accounted for in the site plan. Wright said that transportation facilities can support proposed use. Drive-through lanes will be set back more than 10 feet and landscaped to the S3 standard. Rest of facility screened to S2 level is sufficient. Lighting must comply with standards in the code, which will minimize glare. The exception will not be detrimental to public welfare. It should not be injurious to other property and property values. The underground storm water system should protect properties to east. Surrounding uses are compatible with this proposal. This will not impede normal development. Adequate utilities and drainage will be in place. Wright said that this proposal meets the regulations and standards applicable to the special exception. Wood said the letter from the City regarding traffic satisfies his concerns. He is voting in favor as well. Shelangouski says she is still concerned about traffic but she said that a drive-thru isn't really the .probiem with what she would perceive as a traffic issue. Alexander has read the minutes and despite her absence last month, she feels comfortable in also voting in favor of the application. Leigh has nothing to add to the discussion. Motion was approved: 5:0 EXC06-00023 Discussion of an application submitted by USCOC of Greater Iowa for a special exception to allow the construction and operation of a communications transmission facility in the Neighborhood Commercial (CN-1) zone at 755 Mormon Trek Boulevard. Walz said she received an email from Lawrence and Julie Lynch of 711 Eiliot Court and submitted the letter to the board. Walz said the applicant, USCOC of Greater Iowa, is requesting a special exception to iocate a cell phone tower in the CN-1 zone at 755 Mormon Trek Boulevard. The applicant, Walz said, proposed to house the cell phone tower within a structural addition to one of the commercial buildings. The proposed addition would be a clock tower, which would surround an existing lift for disabled persons. The property surrounding Walden square is zoned residential-both single and multi-family. Walz said that the tower meets the criteria that do apply. Walz then read the criteria: The proposed tower must serve an area that cannot be served by an existing tower. Walz referred to the color-coded coverage map provided by the applicant. The yellow, Walz said, showed the area of adequate reception if in a car. The green showed the improvement of reception with the new tower. Walz noted that the area is in a valley. Walz said the tower would need to be 56 feet high and none of the commercial structures are tall enough to house the structure. A Lutheran Church, which is nearby, is not located in the valley, so the applicant did not propose to house the structure on that church. Walz read that the proposed tower must be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Walz referred to the map showing the Fareway store (on-screen) as well as the Mr. Movies building. The artist's rendering illustrated what the clock tower would look like. It will be on the side of Mr. Movies. A functional clock face will be on the side facing the shopping center. Walz pointed to an archway that ran through the bottom of the structure for passage. Walz mentioned that staff had some concerns. Walz said that there are safety issues with the one-entry way archway and that it should be an open walkway so to provide safety at night. Walz said the other issue is that the 56 foot tower is higher than the 35 foot building to which it will be attached. Staff suggested that the tower's design should attempt to minimize the height difference and a provided a sketch showing the elements that would help minimize the height and complement the sUrrounding commercial architecture. She noted the roof line, variation in building materials and details that match the existing building, and breaking the clock tower into distinct sections to reduce the height. Walz said that the design should also address blank sides of the tower where there isn't a clock. Walz suggested that applicant break up the blank sides with windows or louvers. Iowa City Board of Adjustment November 16, 2006 Page 3 of 23 Walz read that the proposed tower must be no taller than is necessary to provide the service intended. Walz said that the applicant considered other designs but they weren't satisfactory, an'd the clock tower was the solution preferred by the property owner. The cell phone engineer, Walz said, lists 60 feet as the desired height but the applicant scaled it back to 56 feet to better match the surrounding building heights. Antennae will be mounted at 50 feet within the tower. Walz read that the proposed tower will be setback at least a distance equal to the height of the tower from a Residential Zone, ID-RS Zone and ID-RM Zone. Walz read that any equipment associated with the tower facility must be enclosed in equipment shed or building, which must adequately be screened from view and any adjacent residential or commercial property. Walz pointed to row of existing garages behind commercial building. Walz said that applicant proposed to add an identical garage, which would house the equipment. Walz read that the proposed tower would not need a back-up generator as a principal power source. Walz said the back-up generator is only for emergencies and there would be no strobe lighting. Walz read that the proposed tower should be designed and constructed to accommodate up to two additional users, provided this additional capacity does not prevent the applicant from adequately camouflaging the use. The proposed tower has adequate space to house another use, but due to frequency conflicts and the limited height of the tower, the capacity for another user is limited. Walz read that if the tower is discontinued, all communications equipment must be removed by the owner of the tower or the owner of the property within one year of discontinuance of use. She said that the applicant would remove all equipment from the inside. Staff requests that the applicant must make arrangements for the maintenance of the tower if the should discontinue use. Walz said that the staff recommended approval of the application subject to the following conditions: 1.) Maintaining continuous pedestrian sidewalk access to Walden Square from the west and ramp access to the handicap lift. 2.) The applicant must provide a contractual agreement to insure maintenance of the clock and tower including a provision for such maintenance if the applicant discontinues the use. 3.) Staff approval of the tower design in general compliance with the design submitted by staff. 4.) The applicant must agree to remove all equipment form the tower and garage if the applicant's use of the site is discontinued. Walz asked for any questions. Alexander asked if the tower design would include the open passage way that Walz had mentioned. Walz said yes. Wright asked about the distance between Fareway and the other building. Walz doesn't have exact measurement but estimates 20 feet. Walz said that the tower would be within the required setback. Shelangouski asked if the storm or drainage sewer is on Fareway's property. Walz said applicant would address such setback issues in the building permit process but for now, Walz said they can build right up to the property line because the setback is O. Leigh asked for those speaking in favor of application. Public Hearina Opened. Tim Lvnch. U.S. Cellular said that he is present with his engineers. Lynch expounded upon a few items. Co-location, Lynch said yes, there's room for other users to use the tower. However, he said, there is a necessary separation between antennae that may impede co-locators because of the small area that they have to work with. Said the towers are capable of co-location but the small area may cause issues. Lutheran Church, Lynch said it is outside the valley so it doesn't work very well from a coverage standpoint. Said that because cellular is line of sight technology, the structure is not tall enough to see over the houses by the Lutheran Church. Plus, it's against residential district code, which limits to two antennae. U.S. Cellular uses 3 antennas. Traffic issue, Lynch said a technician will visit the structure a couple times a month, but no regular traffic. He is willing to comply with all recommendation of staff, including a design that will satisfy concerns. Leigh asked how close to the property line the tower will be built. Lynch said that the sidewalk will remain the same, 20 feet between buildings, 15 feet from edge of sidewalk to Fareway. Lynch referred to correspondence from another Lynch, joked that there's no relation. Wright wanted a sense of how wide ._~..,_._--_._---,.~.._-~_._.~._.._-,.._-,,",._._._..,_.- "-"--~,-,,,,,---,---'--'"-"-"------'-'-'-- Iowa City Board of Adjustment November 16, 2006 Page 4 of 23 the structure will be. Lynch asks Kevin, his engineer. Lynch said that because of the city's request, they are going to have to put on some sort of "skin" to achieve different colors, but he can't tell you the exact size of it. It is going to come out over the sidewalk. Leigh asked about the reason why the antenna is not being built to the desired height of 60 feet. Lynch said that if it was brought down to a lower height, it would look better aesthetically. Lynch said he's going to lose some coverage area, but it still allows coverage. It's not optimum, but it's better than what they have today. Walz said that if the tower gets too high, the camouflage is lost. Glen Siders. Southaate Development Services, owner of the propertv in auestion. He wanted to clear up any questions. Siders said Fareway Foods is right on the property line but the drainage will be altered very little. Said he worked with the "tower people" for months and went through several scenarios of design, including a "sign structure". When they decided on the clock tower, they went through many potential issues and the cellular company was very considerate with each one. Siders said that he would appreciate approval so he could have better cell phone reception. Leigh asked if anyone wished to speak against the application. Public Hearina Closed. MOTION: Alexander moved that EXC06-00023, discussion of an application submitted by USCOC of Greater Iowa, requesting a special exception to locate a cell phone tower in the CN-1 zone at 755 Mormon Trek Boulevard, be approved subject to the following conditions: . Maintaining continuous pedestrian sidewalk access to Walden Square from the west and ramp access to the handicap lift. . The applicant must provide a contractual agreement to insure maintenance of the clock and tower including a provision for such maintenance if the applicant discontinues the use. . Staff approval of the tower design in general compliance with the design submitted by staff. . The applicant must agree to remove all equipment form the tower and garage if the applicant's use of the site is discontinued. Wright seconded the motion. Alexander said she accepts cell phone needs and has one herself. She's Impressed with the design, considerations, architectural changes, and walk through changes of the application. She would vote in favor because there was been good evidence of the peculiar situation of the valley. She commended the camouflage and the staff recommendations. Alexander said that the height restrictions are being met. Sure, she said, it's a bit shorter than their optimai hope but its better than what exists now. Alexander said that the setbacks are sufficient and appreciated that the equipment would be housed in a garage. Alexander was happy that there would be no strobe lighting. She was impressed with passageway and said the tower would not be detrimental to public health, nor would it be injurious to other properties. Alexander said the design should make it a perfectly fine addition. She reiterated that the phone and electrical additions will be provided by applicant and that because there would be no traffic congestion worries, they wouldn't have to deal with ingress and egress issues. Wright agreed with Alexander and would vote in favor. Shelangouski agreed and called the tower a "great way to hide a necessity." Wood agreed with Alexander and indicated he would vote in favor. Leigh expressed her appreciation for the amount of effort that went in to this by both the cellular company and Southgate. Leigh would also vote in favor. Motion was approved: 5:0 EXC06-DDD25 Discussion of an application submitted by Frantz Construction Co. for a special exception to allow a reduction in the required front yard setback from 13.5 feet to 0 feet in the high density, multi-family (RM-44) zone at 724 N. Dubuque Street. Iowa City Board of Adjustment November 16, 2006 Page 5 of 23 Karen Howard said the applicant had purchased the former Alpha Tau Omega fraternity house and intends to convert it into three condominium units. Howard said that the applicant would like to construct balconies that extend approximately 5 feet from the north side of the existing building along the Brown Street frontage. Howard said that the applicant would like to take off the existing fire egress structure, which is outdated, and replace it with balconies, Howard referred to an illustration of the proposed structure. Howard said it has to do with the setback requirement, which, according to the RM-44 Zone, is 20 feet. Howard said the zoning code allows for setback averaging since all of the buildings along this block of Brown Street are located closer to the street than the required front setback. Howard said the existing structure has been surveyed and the building already sits closer than 20 feet to the property line, similar to the other buildings. It is 5.77 feet from the property line. Because this is a corner lot, the setback is determined by averaging the existing setback of the dwelling on the abutting property to the east and required setback in the RM-44 Zone, which is 20 feet. Howard said the applicant is requesting not only a setback reduction for the balconies but an acknowledgement of the existing setback of this building so they can do some construction. Howard said that there are certain criteria that an applicant must meet: 1.) The situation is peculiar to the property in question. 2.) There is practical difficulty in complying with the setback requirements. 3.) Granting the exception will not be contrary to the purpose of the setback regulations. 4.) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. 5.) The subject building will be located no closer than 3 feet to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space. In regards to number 2 of the criteria, Howard said that the existing property lines contain very littie parking. Thus, the applicant is proposing to excavate the hillside along Brown Street and construct parking spaces within the basement of the existing building. Howard said that a balcony is also proposed for the third floor, replacing the existing fire egress structure. Howard said the setback requirements are intended to: 1.) Maintain light and air for the dwelling and provide separation and access for fire protection 2.) Provide opportunities for privacy between dwellings 3.) Reflect the general building scale and placement of the houses in the city's neighborhoods 4.) Promote a reasonabie physical relationship between residences 5.) Provide flexibility to site a building so that it is compatible with buildings in the vicinity Howard said reducing setbacks is typically not recommended. But in this case, it will not detract from any of the stated purposes of setback requirements. Howard said that staff would have a concern if the balconies were being constructed for a fraternity or sorority house. Balconies, Howard said, invite outdoor activity. If the building is converted into 3 muiti-family units, staff feels they won't be sharing living quarters with as many people as a fraternity. Howard said the staff also feels that adding balconies will not detract from privacy of the abutting property. Howard said staff also feels balconies will not detract privacy from buildings across the street because of the wide right-of-way. Howard said staff also wants board to consider that added balconies often become closed in over time. That couid mean building becomes larger. Staff requests that balconies do not become closed in over time. Howard said that the driveway will be expanded and the existing access will stay as is. There will be some new paving for cars to turn around. Howard said that applicant wanted an underground garage but it was impossible because electrical problems and underground drainage. Howard said the screening standard was similar to a three-car garage. Howard said garage level is not extending to the street. Howard said the garage is flush with the other two. Howard stated staff recommendation and said their have been revisions to the conditions listed in the original staff report: 1.) The setback reduction will only apply if the property is converted from a Group Living Use to a Multi- Family Use. To that end, this special exception will become effective upon issuance of a building permit to convert the building from a Group Living Use to a Multi-Family Use. 2.) The front setback along Brown Street is reduced from 13.5 feet to 0 feet for the first and second levels of the building expressly for the purpose of constructing balconies in general conformance with the design proposed by the applicant 3.) The front setback along Brown Street is reduced form 13.5 feet to 5 feet for the third level of the building and for the lower garage level of the building Iowa City Board of Adjustment November 16, 2006 Page 6 of 23 4.) The front setback reductions are approved only for the length of the building along the Brown street frontage as proposed by the applicant 5.) A convent is recorded with the property that the subject balconies may not be enclosed. Evidence of such recording must be submitted prior to issuance of a certificate of occupancy. Leigh asked if there is any additional parking. Howard said no, but converting form a fraternity, it'sa more limited parking demand. Howard said that within the RM44 zone, there can be up to five unrelated persons in each condominium dweliing. Howard said the applicant can address who their intending to rent the condominiums to. Public Hearina Open Bili Franz of Franz Construction, the applicant, said he can answer any questions. He said he wili have 3 condominium units for sale. He will be providing 3 single car garage units and 3 outdoor spaces. Franz said that the first and second floors are each 2,300 square feet. The third is 1,446 sq. feet. He said that they will be, in Alexander's words, upscale condominiums. Sarah Holecek said that the City doesn't have the ability to regulate whether the condos would be owner- occupied or not. The purchaser could use it as a rental property as long as they obtained a renters permit form the City. Public Hearina Closed MOTION: Shelangouski moved that EXC06-00025, submitted by Frantz Construction Co, for special exception to allow a reduction in the required front yard setback from 13.5 feet to 0 feet in the high density, multi-family RM-44 Zone at 724 N. Dubuque Street, be approved according to the staff conditions listed above. Wood seconded the motion. Wood said the standard is peculiar to the property in question and the right-of-way is unusualiy wide. He doesn't have concerns. Wood said there is practical difficulty in compliance with setback requirements and it wili provide some relief for parking. He said it wili remove fire escapes that are "somewhat of an eyesore". Wood said that it won't impact privacy of dwellings in that area. Wood is happy with the requirement to keep the balconies open. Wood said that the special exception will not be detrimental to public health, nor are other properties affected. Wood said that it will not impede normal and orderly development in surrounding property. Wood said it will not affect ingress or egress. He will vote in support. Alexander agreed with Wood and would vote in favor. Shelangouski agreed with both Wood and Alexander for reasons stated. She would vote in favor. Wright agreed with the Wood, Shelangouski and Alexander. He calied it an "attractive re-use of a building with potential". Leigh agreed with board. Motion was approved: 5:0 Wood excused himself because he had somewhere to be at 7 pm. He said he didn't want to have to leave in the middle of discussion of the next case. APL04-0004 Discussion of an application from John Roffman for an appeal of the decision made by the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS-20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue. Walz said this is somewhat of an unusual case for the board and appreciated everyone's preparation as the reading materials were lengthy. Walz said that at its September 28, 2006 meeting, the Historic Preservation Commission (HPC) denied a Certificate of Appropriateness for a proposed building at 923 Iowa Avenue. She said the original building was destroyed in the April 2006 tornado. Waiz said the appeliant, John Roffman, was proposing a new building to replace the original building on the site. -.-~-_.~._----,....._------------~._-_._. Iowa City Board of Adjustment November 16, 2006 Page 7 of 23 Walz said the HPC denied the Certificate of Appropriateness citing the mass and scale of the proposed structure. Walz said the applicant believed the denial was actually based on the density of the proposed building. Walz said that the new apartment building would include 6 three-bedroom unite apartments, different from the original, which had 9 one-bedroom units. Walz said that the HPC guidelines that apply to the proposal for 923 Iowa Avenue may be found in section 10.0 of the Iowa City Historic Preservation Handbook. Walz said that at an earlier meeting, the HPC had requested a clarification from the Zoning Interpretation Panel (ZIP). Walz said that the ZIP decision indicated that the specific limitations imposed under section 8.2 apply only to single family buildings and duplexes and not to the multi-family building under consideration. Walz said that the applicant revised his plans and provided final sketches of a slightly smaller building. Walz said the revisions meet all of the requirements of the Zoning Code. Walz said that the HPC has no authority to regulate density of the underlying zone. Density, Walz said, is regulated exclusively through the Zoning Code. Walz said that whatever people may wish for that sight in terms of density is done through the Zoning Code. The only criteria in question were scale and mass. All other aspects met with approval. Walz said the issue was, when the Historic Preservation Commission denied the Certificate, was their decision based on scale and mass or was it based on what we consider density. Walz referred to the original building (on screen) and said that the applicant's final proposal at the September 281h meeting showed a building that was 52 feet wide by 69 feet deep. Walz said she made a mistake on the memo. Instead of the roofline being just less than 28 feet, the new proposal's roofline was in fact less than 34.9 feet. Walz said that the original 3-story building being replaced had a footprint of 42 by 50 feet and a roofline of 38 feet and ten inches. The roofline, Walz said, of the new proposed building is about 4 feet shorter than the older building. Walz said that the authority of the HPC extends only to the overall compatibility of that design with the surrounding neighborhood and district as described in section 10.0 of the handbook. Walz said the issues of scale and mass require interpretation based on the facts specific to the application under consideration. Walz said that she wanted to mention a couple of things she failed to note earlier. There is a page in the appeal application showing other projects that have been approved by the HPC. The table focuses on the change in depth that came with addition to various applications to the HPC. Walz said that a change in depth is not necessarily a change in scale and mass. Walz said, for example a deep one story addition may not be perceived in the same way in terms of scale and mass as if you are extending the entire building. Mass and scale need to be applied in context. Walz pointed out an error in the percentage increases indicated in the applicants table-those percentages are inflated. Walz said she is confident that this was just a mistake. For example, one lists an increase of 239 percent. Walz said it's an increase of a factor of 2.3 but that's a 139 percent increase. Walz said that the board must decide based on the following: 1.) Were the criteria regarding scale and mass applied appropriately in this case? 2.) If you should decide that the Historic Preservation Commission acted in error, you may overturn the decision or, by acting in the role of the Historic Preservation Commission, you may render a new decision based on the facts presented in the attached documents or any additional testimony given at this meeting Walz said that the drawing before the board showed the front of the old building in bold line. The "ghosted out" gray lines are setback 20 feet out but the building does come out a bit wider. But the front fa9ade doesn't represent the width of the whole building. Walz proceeded to show the rest of the slides. Walz said that the illustrations showed the newly proposed building and the outlines of the buildings surrounding the property. Holecek said that in deciding this appeal, the board "steps into the shoes of the Historic Preservation Commission", examines their decision and decides whether there were any underlying issues of arbitrary or capricious pretext. Once you decide that initial inquiry, Holecek said, the second issue is how you are going to decide: you can affirm or modify the decision of the Historic Preservation Commission. Holecek suggests the board splits it into two votes, as listed above. Holecek said that a modification might mean the board says a dimension needs to be scaled back, for example. Iowa City Board of Adjustment November 16, 2006 Page 8 of 23 Alexander said she wanted clarification as to what kind of group the Historic Preservation Commission is. Holecek said the Historic Preservation Commission has two functions: studies and recommendations for the implementation of conservation districts within the city. Then they become quasi-judiciai to give out Certificates of Appropriateness. Holecek said that the Historic Preservation Commission is both legislative and quasi-judicial. Holecek said that this issue is in the realm of quasi-judicial. Holecek said that the board was provided with the minutes of the previous Historic Preservation Commission meeting. Holecek said that the Historic Preservation Commission is empowered to address historic issues that relate to design, architecture, and aesthetics. Walz said that there is no staff report interpreting the Historic Preservation Commission meeting because the evidence is in the minutes and transcripts. Public Hearino Ooen John Beaslev. attornev soeakino on behalf of John Roffman in support of his appeal. Beasley said that he brought some "school supplies", referring to his notebooks for the board. Beasley said that the photographs at the Historic Preservation Commission presentation were shown via computer projection and he felt these were not an accurate portrayal of "what was occurring out there". He felt his notebooks were beller. Beasley said his notebooks show 6 exhibits. The first is a representation of what Roffman hopes to construct. The second, Beasley said, shows the West elevation. He did not include the east because the Historic Preservation Commission concerns came from the west primarily. Beasley requested an easel for his visual aides. Beasley said that exhibit two shows that they took an outline of the proposed construction and took a dark line and superimposed what was there before the demolition. This was done for both north and west elevations. Leigh said that her understanding that on the sides, the proposed building goes out to the darker lines drawn on Beasley's Illustrations. Walz said that the lines represent the top roofiine of the bay but yes, the side of the building does come out to the darker lines. Walz urged Beasley to speak into the microphone because the recording was not picking him up. Beasley said that the third photograph shows a bird's eye view to show the relationship between the building footprints. Beasley said the last depiction showed an expanded view to include the property adjacent and the two properties to the west. The dark line, he said, would represent the previous footprint. The light blue line would represent the proposed structure. Beasley said the photographs purpose were to give the board another view of this mass-depth discussion. Beasley said that exhibit 5's aerial views show the relationship between property to the west and multi- family properties to the east. Beasley said he also included some photographs of some of the larger multi- family structures not only adjacent to the property but in the nearby area as well. Beasley said the last exhibit is a depiction of various other projects that increased the depth footprint in resulting mass of various projects that have been approved by the Historic Preservation Commission. Beasley said he attached the actual Certificate of Appropriateness that go along with the various projects. The point of the Certificates, Beasley said, is to demonstrate that the Historic Preservation Commission has approved similar requests in the past. Beasley pointed the board's attention to a staff report pertaining to Roffman's proposal before the first Historic Preservation Commission meeting, September 14, 2006. Beasley said this staff report discusses the appropriate guidelines in relation to Roffman's proposal, in particular 10.0. Beasley said lighting, parking, height, and building materials were all concerns of the staff. It indicates that this proposal satisfies minimum point requirements for approval. There is no mention of depth, mass concerns, Beasley said. Beasley said Roffman's architect sent a memo before September 14'h meeting that responds to concerns, also in board's packet. Beasley said that the concerns of the September 14'h meeting, according to minutes, are whether guideline 8.2 applies to a multi-family unit. Beasley said one reading only 8.2 applies to multi-family and duplexes. Beasley said the Historic Preservation Commission requested a deferment so Holecek's department can render a legal opinion. Beasley there was not discussion about depth of west elevation. Beasley said that 8.2 doesn't apply, which was discussed at September 28'h meeting. Beasley said that the primary concerns is that the new building is going to have 6 units with 3 bedrooms a piece, which will result in a different clientele. Beasley said that the depth and mass only become an issue at the September 28'h meeting. Beasley's position was that zoning, not - - -_.-_.__.._._....-..~..__._-----,._~--_.._---~---_._--_.~..__._-~._--------------'_._-_...- Iowa City Board of Adjustment November 16, 2006 Page 9 of 23 Historic Preservation Commission, controls the density. The Historic Preservation Commission translated concerns about the inside of the building and used the argument of depth and mass as a pretext. Beasley said he looked at the guidelines and the one that was relied on by the Historic Preservation Commission was building heighUmass. Nothing else, he said, appeared to be an issue. Beasley said that the history of the Historic Preservation Commission shows that when depth and mass has been increased, they have not denied applications for Certificates of Appropriateness. Beasley read some of the transcripts of the September 28'h Historic Preservation Commission meeting. Beasley focused on Carlson's quote, "There is nothing in our purview that reflects building depth. We have no say over that whatsoever." Beasley said he doesn't believe the Historic Preservation Commission has the authority to deny a certificate based on depth, regarding guideline 10.0. Beasley said there have been design features put into West elevations to reduce visual mass. Beasley said that this project meets the minimum point requirements. Beasley said that his view is that you need to read 10.1 and 10.2 together. Beasley said that 10.1 offers subjective material but 10.2 is an effort to bring some objectivity to some of the criteria that are outlined in 10.1. Beasley said that staffs position is that minimum point requirements have been satisfied. Beasley said that the September 28'h meeting brou~ht new concerns to Roffman that were not staff concerns as presented in the previous September 14' meeting. Beasley said that the Historic Preservation Commission's decision was a result of neighbor complaints, and this is not a basis to deny a Certificate of Appropriateness. The Historic Preservation Commission made a decision outside of their purview, Beasley said. Beasley said that there is a timeline to follow when submitting a Certificate of Denial, which the Historic Preservation Commission did not follow. Beasley said these are grounds for the board to issue a Certificate of Appropriateness. Beasley asked the board if he could have "a couple minutes" to address any concerns that the public may raise. Jim Enloe, Colleoe Street. former Historic Preservation Commission board member. He asked for clarification on Beasley's illustrations. Enloe requested to see the slide that showed the front elevation. He said that the illustrations show a significant increase in the visual mass of the building. He said he wanted to clarify that. He said he didn't take part in any of the Historic Preservation Commission's deliberations on this issue. He said that the Historic Preservation Commission's function is to protect the historic nature of architecture in a conservation district to make compatible decisions. Enloe said that scale and mass are with the purview of the Historic Preservation Commission. Enloe said that the Historic Preservation Commission hasn't approved all applications, as Beasley said. Enloe said the Historic Preservation Commission has a considerable amount of expertise and this decision was not made to stymie a developmental project. He said it was egregious to say this decision was a pretext. Enloe said that the judgments of the Historic Preservation Commission should not be second-guessed by the BOA. Ann Estin. Colleoe Street. She wanted to say she supports the Historic Preservation Commission. It is important to her to preserve the historic values. She is concerned with the new evidence of the applicant. Esten said that it seems to her the issue is whether the Historic Preservation Commission acted in an arbitrary and capricious manner. Esten said that she attended the September 14'h meeting and she heard a lot of discussion of scale and maSs. Esten said she thinks it's unfair to assess the Historic Preservation Commission's findings based on Beasley's arguments that the neighbors' complaints influenced the Historic Preservation Commission. Phillip Lutoendorf, 911 Iowa Ave. Lutgendorf said that his house was also badly damaged in the tornado and reconstruction has been a meticulous process. Lutgendorf was at both of the past Historic Preservation Commission meetings-September 14'h and 28'h-and he said that scale and mass were indeed discussed at both meetings. Lutgendorf said he brought them up. Lutgendorf said that the way the overlays are put up now is more representative of a building that is 10 feet wider and 29 feet longer, which is a significant increase. Lutgendorf said this is supposed to be a neighborhood of mixed-owner occupied dwellings and in the last 20 years, the neighborhood has seen a transition to increased rental properties. Lutgendorf said that families are moving out of the block because of the rental buildings. Bu Wilson, Colleoe Street. Wilson agreed with previous speaker. His neighborhood is becoming an increasingly irresponsible form of rental properties. Wilson said that Iowa Avenue is a historic street because it was designed to have the Capitol on one end and the Governor's mansion on the other. He said that the building at 932 Iowa was always out of scale but it was there. But to replace it with --_.__._-~----~---_._-~_._------_._'~--~---_. Iowa City Board of Adjustment November 16, 2006 Page 100f23 something that was even more massive, Wilson said, is absurd. He said that the Historic Preservation Commission deserves to be given its purview. It is wishes to take a broad view of its mandate, take the broad view. He said history is not a matter of adding up points. Mike Cervantes. 918 E. Washinqton Street. Cervantes said that he knows it's a mixed neighborhood. He said he's 12 feet away from his neighbor on one side, to add 10 more feet would make it difficult. He said 12 feet would have a big impact on the neighborhood. He said he's not criticizing the design. He's concerned about the increase in mass. Susan Lutqendorf. 911 Iowa Ave. Lutgendorf read a letter from Wanda, a neighbor who had to leave the meeting. The letter asked the board to respect the decision of the Historic Preservation Commission. Lutgendorf said that the comments of Roffman's attorney, calling the Historic Preservation Commission's decision capricious, were not correct. Lutgendorf referred to the minutes of the September 14th Historic Preservation Commission meeting. She read a comment made by her husband, which brought up scale and mass. Lutgendorf said that the decision of the Historic Preservation Commission was well considered. Lutgendorf said that she is spending a huge amount of money to reconstruct her own house. The idea of a neighbor encroaching on the side and back, she said, changes the appearance and devalues her property. Nancv Carlson. 1002 E. Jefferson. Carlson referred to Beasley's comments that the Historic Preservation Commission had approved numerous other additions and so they should approve Roffman's design. Carlson said that she believed each case brought to the Historic Preservation Commission should be treated independent of any other site's case. Carlson said that the people who have spoken here have spoken because they have an investment in the neighborhood as neighbors. There is no monetary investment. They want to protect the area they live in, Carlson said, and they are grateful for the help from the City. Carlson said that in 2000 the city said they wanted mixed neighborhoods. Carlson said that if we cannot work out a way where owner-occupied people can feel safe in their neighborhoods, then why does the city continue to talk about mixed neighborhoods? Tim Weitzel. Chair of Historic Preservation Commission. Weitzel said he wanted to make some clarifications. Weitzel said that it was presented to the Historic Preservation Commission that the building was beyond repair. Weitzel said that as far as new construction, there is a building on Dodge Street that was allowed an increase in mass. However, he said, the building that replaced it stayed within compatibility of scale and mass. Weitzel read various Historic Preservation Commission guidelines in addition to 10.1. Weitzel read guideline 2.0 in its entirety. Weitzel read guideline 3.4 as his "fallback position". Weitzel referred to guideline 8.2 and said that the Historic Preservation Commission initially deferred the decision to seek legal advice in regards to their purview. Weitzel referred to guideline 9.0, item 9, and read it in its entirety. Weitzel said that Historic Preservation Commission discussed scale and mass in both meetings. He pointed out that both meetings should not be looked at as separate meetings. The second was a continuation of the first meeting. Weitzel said that the original dimensions of the building were 42x40x39 and the proposal would increase them to 46x69x36. Weitzel said that the footprint went from 1680 to 3174, the frontage went from 1646 to 1656, and the total mass went from 65,520 cubic feet to 111,090 cubic feet. Weitzel said the Historic Preservation Commission needs some latitude and it will not work if you make it a "flow chart process". Alexander asked Holecek about the BOA's responsibility in this matter. Holecek said all commissions have to apply the guidelines before them and it is the BOA's responsibility to decide whether the Historic Preservation Commission followed such guidelines. Holecek said that while additional evidence can be submitted to clarify things, all decision must come back to the guidelines. Holecek said that intent doesn't get you far, you have to look at the law. Holecek reiterated that intent doesn't get you to the standard you are applying. It sets out a goal, but not the law. Holecek said that it is the BOA's responsibility to look at the evidence as objectively as possible, and apply the relevant guideline, 10.1, and find whether that was appropriately applied by the Historic Preservation Commission in denying the Certificate of Appropriateness. John Beaslev. attornev soeakina on behalf of John Roffman. Beasley said that this is not a historic neighborhood, it's a conservation neighborhood. Beasley said that in exhibit 2, the difference of 10 feet from the street is irrelevant because in the guideline that deal with issues of mass calculations are inapplicable to multi-family. Beasley said that he's seen it all but he's never seen a person who is Iowa City Board of Adjustment November 16, 2006 Page 11 of23 supposed to be unbiased, impartial commission member come to an appeal and advocate on behalf on one side or another, referring to WeitzeL Jim Enloe, Colleqe Street. former Historic Preservation Commission board member, Menloe said the issue of mass is not defined by the surface area of the fa9ade, but instead by the volumetric calculation of width depths, and height, and it is in the purview of the Historic Preservation Commission. Alexander asked for Enloe's view on "visual mass" and Enloe said he won't speak for the Historic Preservation Commission but his view is that "visual mass" has to do with shape and size. Enloe said that, in this case, visual mass is a large increase. Enloe said that the Historic Preservation Commission has granted increases in depth, but they have also denied increases in depth. Mass and scale, Enloe said, have always played a part in any Historic Preservation Commission decision. Enloe said he does not believe the Historic Preservation Commission acted capriciously. Public Hearinq Closed MOTION: Wright moved that APL04-0004 , an application from John Roffman for an appeal of the decision made by the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS-20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue, be denied. Leigh seconded the motion. Wright said that the building in question will loom over the neighborhood even more than the original building. Wright said the Historic Preservation Commission has a very difficult decision before them. he issues that the Historic Preservation Commission had to take into account were multi-faceted. Wright said that the Historic Preservation Commission acted within their purview. Wright said that there were larger issues, such as the fact that the other residential properties are a good deal smaller than the proposed structure, which, according to Wright, is a mass argument that the Historic Preservation Commission had to take into account. Wright said it is a significant lot on Iowa Avenue. Wright said they did not act capriciously or arbitrarily in their decision. Alexander said that she is troubled with the findings. Alexander said that they need to base their decision on the record and not on new evidence. Holecek said that the district court will allow additional evidence in cases when a commission's decision is appealed. Alexander said she is sensitive to this topic because the BOA has been appealed before. Alexander said she's sensitive to stated findings. Alexander said if findings are not clearly stated, it puts the board in the position of "mind reading". Alexander said she's concerned about the lack of finding of fact in the records she was provided. Alexander said that she's not finding a lot of evidence in the record. Alexander said that there are things where one will talk about density and neighborhood concerns, but when she's referred to 10.1, she doesn't know how to take such new evidence into account. Alexander said that she doesn't know how to determine the intent of the Historic Preservation Commission. Wright said he is troubled as welL Wright said that guideline 10.1 is not a clear help. The transcripts are "mixed" and he said that the question that BOA is being asked to respond is quite limited. Holecek clarified that the board's job is to affirm whether the Historic Preservation Commission's decision was based on 10.1? Or, Holecek said, another way to look at it is whether someone exceed their jurisdiction? Alexander would like to send this back to commission and have them do it in a way to make it clearer. But she said that she knows that is not in the board's jurisdiction. Alexander said that she doesn't like meddling in the business of other commissions. Shelangouski said that she agrees with Aiexander's confusion. She said that she doesn't understand the intention based on the Historic Preservation Commission based on the evidence provided. Shelangouski voted against Wright's motion. She said that after reading through the material, it seemed to her that when people gave their reasons, they aiways went back to something they weren't supposed to consider. She said that she would vote against Wright's motion because of this. Alexander agreed with Shelangouski's reasoning. Alexander said that she hopes there are lessons learned in terms of how findings are stated by a commission. Alexander also voted against Wright's motion, -------------_._-_._------------_._.~-----,------_._---------< Iowa City Board 0\ Adjustment November 16, 2006 Page 12 of 23 Leigh voted in favor of Wright's motion. She agreed with his reasoning. The motion fails: 2:2 Beasley asked about the issue regarding the HPC's failure to meet the time constraints in submitting their denial of a Certificate of Appropriateness. Holecek said that it's the mere filing of the decision outside the five-day limitation and she doesn't find any prejudice and it's not contained in the guidelines or the ordinance to say that failure to meet the five-day time limit automatically results in a approval. Holecek said, "Especially since it's already been on record." Alexander asked if they should make a separate motion. Holecek said yes and Alexander requested Holecek to give them the appropriate language to do so. Holecek offered the correct wording: "The motion to deny the appeal based on the HPC's failure tofile their decision denying their Certificate of Appropriateness within 5 days of the meeting." MOTION: Shelangouski motioned that the appeal based on the Historic Preservation Commission's failure to file their decision denying their Certificate of Appropriateness within 5 days of the meeting be denied. Alexander seconded the motion. Leigh asked Holecek for clarification. Alexander said she will base her vote on Holecek's lack of damage to the appellant. Shelangouski said that since nothing "spells out" that such a failure results in automatic approval she will be voting for the denial. Leigh agreed. Wright also agreed with this. The motion is approved: 4:0 VAR06-00001 Discussion of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street. Walz noted that she had distributed correspondence to everyone. Some of which, she said, they had received the previous day. She said there were letters from Hillary Sale, Christine Walters, Michelle Campo, Matt Kressewick, and Pat Eckhardt. Walz said that Eckhardt's letter mentions she was on the Board of Adjustment when the original variance was granted. However, Walz said, Eckhardt's letter is on behalf of herself. Walz said that the applicants, John and Sandra Hudson, are requesting a variance to allow up to 20 roomers to occupy the building located at 932 E. College Street in the Neighborhood Conservation (RNC- 12) Zone. Walz said that in 1997 a variance was granted to allow a rooming house for up to 30 residents subject to three conditions: 1.) The variance being conferred specifically to Leighton House, L.C., which will provide resident management of the rooming house consistent with the principles outlines in the business plan for Leighton House, L.C. dated July 1997: the density variance is not applicable to any successor in title to the property. 2.) Any exterior change to the structure requiring a building permit requiring approval by the Historic Preservation Commission 3.) The removal of the concrete basketball court located in front of the residence, and the installation of landscaping instead. Walz said that because of the first condition, the rights of the variance may not be transferred with the sale of the property and therefore the current applicant is seeking a new variance. Walz noted that the variance would be transferable to a buyer who purchases the property with the Leighton House LC and operates the rooming house in accordance with the principles in the Leighton House business plan. Walz said that in 1997, a variance was granted against the staff recommendation. Walz said the building had fallen into a state of considerable disrepair, and the Board had cited a concern that the historic building would be demolished and that the professionally supervised private women's dorm would be preferable to the options that could potentially affect the property. Walz said that the business plan on which the Board of Adjustment based its 1997 decision relied on the then applicants' educational background, plans to provide twenty-four hour on-site management, Iowa City Board of Adjustment November 16, 2006 Page 13 of 23 academic support, professionally prepared meals, housekeeping, transportation, offsite parking, security and plans to renovate the building. Walz said that parking would be addressed through leased spaces In the Chauncey Swan public parking ramp and that transportation would be provided to and from that ramp. Walz said that in 2000, the property was rezoned from RNC-20 to RNC-12, which is intended to "stabilize existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods and preventing existing multi-family uses in these neighborhoods from becoming nonconforming (Ord. 94-3608, 2-1-1994)." Walz said that the RNC-12 zoning does not allow rooming houses or fraternity/sorority houses. Walz said that under the new code RNC-12 is renamed Neighborhood Stabilization (RNS-12) zone and has the same restriction on rooming houses. Walz said that a variance was again applied for in 2005 to allow 30 roomers in order to continue the Leighton House business plan under new ownership. The variance was denied. Walz said the Board cited that such an increase would be contrary to the intent of the RNC-12 zoning and Comprehensive Plan. Walz noted that the Board indicated that the applicants lacked the skills and experience necessary to run a private dormitory and has provided no evidence of economic hardship. Walz said that in the absence of a variance, the property is permitted as a rooming house with a maximum occupancy of 13 roomers. Walz said that the property may also be used for other uses in the RNC-12 zone, including a single-family home, a duplex or family care facility if 4 parking spaces could be provided. Walz said that through special exception process, the building could be converted from its present non-conforming use to another non-conforming use of equal or lesser intensity (section 14-4E-5B). Walz said this option is new under new Zoning Code. Walz said that the property has been non-conforming since 1983 and continues to be non-conforming today for these two reasons: 1.) rooming house are not an allowed use in the RNS-12 zone 2.) the property does not provide the required minimum parking. Walz said under zoning code regulations that were in effect at the time the building was a conforming rooming or fraternity /sorority house, the property was permitted 13 roomers. Walz said under current code, the maximum density in the RM-20 zone, which allows rooming houses, would allow 1 roomer per 550 square feet of lot area, that is 13 roomers. Walz said that the building at 932 College Street continues to operate as a rooming house--a legal, nonconforming use allowing up to 13 roomers. Walz said because the rooming house does not operate under the conditions of the 1997 variance, the rights of the variance do not exist at this time. Walz said that no variance to the strict application of any provision of the Zoning Chapter may be legally granted by the Board unless the applicant demonstrates that all of the following elements are present: 1.) Not contrary to the Public Interest a. the proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. Walz said that staff finds that the application does not meet this test. The property is unable to provide adequate parking and the applicants have not addressed how to deal with the additional demand for parking. In staffs opinion, the additional 7 roomers have the potential to create additional demands for parking. Walz said that the applicants have proposed the property as an intentional community but have not demonstrated that such a community functions any differently than a rooming house. In addition, she said, such a use was not enforceable. Walz said that in the 1997 variance the applicant had proposed to provide alternatives to on-street parking but had not fulfilled that obligation. b. The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. Walz said that staff finds that this application does not meet this test either. Walz said that the Comprehensive Plan and zoning map reflect the intention of the City to stabilize the surrounding single-family neighborhood. Although it would be appropriate to allow the building to continue to serve as a rooming house it would be contrary to the zoning to allow 7 additional roomers. 2.) Unnecessary Hardship. Walz noted that the test for this element consists of three prongs, each of which must be proven by the applicant for the Board to legally grant a variance: a. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located Walz said that staff finds that the application does not Iowa City Board of Adjustment November 16, 2006 Page 14 of23 meet this test. The applicants have submitted financial information that shows that a rooming house with 13 occupants cannot yield a reasonable rate of return based upon the current price of the property. Walz said that the financial information shows that at least 17-18 roomers are needed based on the current selling price. However, she said, the applicant must show more than a diminishment of value. Diminishment of value is not sufficient to satisfy the test of inability to yield a reasonable rate of return. b. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. Walz said that the staff finds that the application does not meet this test. Walz said there is nothing special about the physical characteristics of the property that warrant special privileges to this property that other rental properties in this neighborhood do not enjoy. Walz noted a comparison chart of several other historic and non-historic rooming houses in the neighborhood. c. The hardship is not of the landowner's or applicants own making or that of a predecessor in title. Walz said that staff finds that application does not meet this test. She said that although changes to zoning requirements were not caused by the property owner, the current owner's decision to invest in the property based on the business plan was of their own making. The owner was aware that the variance would not be transferable without the conditions of the business plan. Walz referred to the letter submitted by Pat Eckhardt, who raised these issues. Eckhardt, who was a member of the Board when the variance was granted, stated that the board members did not understand how their decision would impact this property if the business failed. Walz said it was important to be clear about the granting of the prior variance. She was providing some excerpts from the minutes from the 1997 meeting in which the variance was granted. Walz said that, according to the minutes of the public hearing, Hillary Sale, a member of the public, responded to a question raised by the applicant Phipps. Sale stated that it is not that no one else could ever own that property, it is just that the conditions have to go with the property. Sale also said that would mean that if the corporation changes hands, but the corporation operates consistent with this business plan, there would not be a problem with the variance, and there would only be a problem if the plan changed. Walz then directed everyone's attention to page 21 of the 1997 minutes. John Phipps said, as far as the conditions on the variance, Sales may be right. John Phipps said he is not opposed to some sort of a contingency like that. Phipps said he would not want to see the business destroyed if they decide to retire in 20 years and sell the business or perhaps one of their kids would want to take it over. Phipps said he would not want them to change the concept. Phipps said he had no problem with the variance staying with the business or the business concept. Phipps said if it needs to be reworded so that he is happier with it, that would be fine, but if the idea is that the successive owner of the business who continues to operate the business in the same manner keeps the variance then he has no problem with that. According to the minutes, Holecek said one could transfer the corporate entity that operates under the same structure and not lose the variance. Walz directed everyone's attention to page 26 of the 1997 minutes and quoted Pat Eckhardt. Eckhardt said a more serious issue would be what happens if the Leighton House fails. She asked if it should then be canceled or a time limit should be put on it. Brandt, a Board member, said it is the general idea that if this concept fails, the issue is back to square one. Bender, also a Board member, said she though that was really beyond the jurisdiction of the Board. She said if it does not succeed, it is the applicant's problem. Bender said the people who would then want to buy the property would have to come and get approval for what they would want to do. According to the minutes, Holecek said that was correct. She said one could buy the limited corporation, but would have to continue to operate under that concept plan. Walz said that the 1997 minutes make clear that it was discussed at the meeting that this very-detailed business plan was what that earlier variance was subject to. It was the supervision of the building-the Phipps plan to live in and run the building. Walz said that, as the Board had indicated at the time, we are back to square one. Walz said that because the application does not meet any of the tests necessary for the granting of a variance, the Board cannot legally approve this applicant for a variance. Therefore, Walz said, staff recommends that VAR06-00001, an application submitted by Sandra and John Hudson for a variance from the zoning ordinance to allow 20 roomers in a Neighborhood Conservation Residential (RNC-12) zone at 932 E. College St. be denied. Public Hearina Open Iowa City Board of Adjustment November 16, 2006 Page 15 of 23 Sandra Hudson. co-applicant of VAR06-0001 referred to Walz's report as a "very interesting history" but went on to clarify that it was based on someone else's application and not hers. She said she would appreciate if Board pays attention to her application and her points. She has read the past minutes and she will not repeat any of those points. She said that she wants to respond to the arguments that staff has made. Staff reports state that RNC-12 is intended to stabilize existing residential neighborhoods by preserving the predominantly single-family character and preventing multi-family uses from becoming non-conforming. Hudson submitted a document to the Board and referred to the color-coded map on the first page. The color pink is the subject property, 932 E. College St. The blue parcel indicates a condominium. Green dots indicate owner-occupied homes. Red dots are rental properties. Blue dots represent apartment buildings. The four shaded plots indicate rooming houses. Hudson said 33 of the 41 buildings were built prior to 1930. Hudson said that makes them historical. 18 of the 41 continue to serve the purpose. 16 are still single-family homes. 12 are owner occupied. 218 S. Summit St. still functions as an apartment building. 932 E. College still functions as student housing. Hudson said she was surprised at suggestions of alternative uses for this property. Hudson said this does not comply with standards with historic preservation. Hudson said less than one-fifth of one percent of the city's housing stock consists of buildings that have been designed to function as intentional communities. Hudson said in the coming decade more and more of these buildings will be lost to demolition or adaptive re-use. Hudson said more than one-quarter 01932 E. College is allocated to communai use. Hudson said that of the neighbors 41 properties, a little more than half of them are conversions and new construction, which have caused de- stabilization. 11 have become 35 dwelling units, housing 71 occupants. 3 historic single-family homes have been converted to rooming houses. 1 has been converted to a sorority house with 20 occupants. 7 have been demolished and replaced with 87 apartments, with 364 occupants. Hudson said this demonstrates this neighborhood is not predominantly single-family homes. Hudson said it also demonstrates the neighborhood has changed more than the 932 E. College St. property. Hudson said since the buildings construction in 1924, the building's dimensions and use have never changed. Hudson said the living area of 8752 sq. feet has always been greater than the lot size of 7,440 sq. feet. Hudson said this makes the building peculiar and unique. Hudson said since the first zoning legislation in the mid_20th century, the ratio between the lot size and building size has been a problem. Each down-zoning has placed the property more and more out of conformity. Hudson said she intends to show that staff reports formula of 1 roomer per 550 sq. feet is unreasonable. Hudson said the building was designed to house college students. Regardless of ownership, Hudson said, the function has been consistent. Hudson said the staff uses "arbitrary formuia" based upon lot size, which is rational for new construction but grossly unfair when calculating occupancy rates for existing buildings. Hudson said that 932 E. College St. provides more living space for each occupant, even with 20 tenants. Hudson said that property is never beiow 20 occupants, when it can go up to 41 Hudson said the property faces hardship. When you reduce the number of occupants, it is impossible for an owner to adjust since it's impossible for an owner to reduce the size of an existing structure. Hudson said the size of the structure carries an inherent cost of operation. Hudson used Gillette razors and Hewlett-Packard printers as analogies to her point that the real cost comes in the upkeep of something, whether it be a product or a property. Hudson said that she'd been Offered property in the past for a low price but after examining the financials, she did not buy because the cost of operation was more annually than the purchase price. Hudson said she wants to demonstrate the difference between purchase price and cost of operations, which do not adjust with occupancy rates. Hudson said when an existing building has fewer occupants than it was designed to serve, the owner will face difficult financial hardships. Hudson said this property is already beginning to show deferred maintenance. Hudson said this trend will affect the neighborhood. Hudson said that a property that suffers from deferred maintenance will attract less-responsible tenants and this will affect the neighborhood. Hudson said the property owner will not be responsive to neighborhood concerns. She said that this example was the reason for past problems that the neighborhood experienced with tenants of 932 E. College SI. Hudson said if an occupancy rate of 13 is implanted, the income will be reduced by 35 percent, which creates financiai hardship. Hudson said pre-renovation floor plans indicate this building was built with 22 bedrooms. Hudson said an occupancy rate of 20 is therefore lower than what the building was built to maintain. Hudson said that allowing pre- existing occupancy to continue will not alter the character of the neighborhood. Hudson said this property cannot yield a reasonable turn if zoning codes are applied retroactively. Hudson said this entire discussion demonstrates the unreasonableness of the zoning ordinance, specifically the formula used to calculate occupancy rates. Hudson said that staff reports say that the inequities that have resulted from this property are a result of zoning. They have nothing to do with any Iowa City Board of Adjustment November 16, 2006 Page 16 of23 action or inaction of private prior owners. Hudson said this supports her position. Hudson said the Board of 1997 also agreed. Hudson said the staff reports the applicant's property is in the part of a city that has limited parking and the applicants have made no provisions to address the additional parking demands created by additional roomers. Hudson said in 1997 the Board granted a variance on the condition a shuttle be provided. That service is provided by the city, Hudson said. Hudson said increased traffic is not the owner's doing-it's societal. Hudson reiterated that the building has maintained its original form and function since 1924. Therefore, Hudson said, it's far less a contributing factor to the parking problem than the majority of its neighbors. Hudson said this property pre-dated all zoning and preponderance of automobiles. Hudson said it is physically impossible to meet current zoning codes. Hudson listed two alternative ways to solve the parking problem: resident stickers and selected streets made one-way. Hudson said the nineteen members of the UI track team, who occupy the property, only have 6 cars. While she doesn't assume this number will stay the same, she does say that an intentional community will most likely share automobiles. Hudson said that intentional communal residences are no longer being built, making the 932 E. College property rare. Hudson said the current tenants are responsible young men. Hudson said 13 occupants will result in an under-funding for 932 E. College St., which will cause the neighborhood to fall into a downward spiral. Hudson said a variance will provide a healthy future for both the building and the neighborhood. Hudson asked Board to look at her application and no one else's. John Hudson, co-applicant of VAR06-00001. Hudson said he is going to read two letters, the first being from Patricia Eckhardt, former chair of Board. The letter stated that the variance for 932 E. College St. in 1997 was applied only to the Leighton House L.C. and did not run with the land. Eckhardt did not foresee that a variance applied to only one property owner might lead to problems in the future. Eckhardt wrote that a low density of 13 people cannot come near to providing the amount of income needed to justify the investment in a property assessed at $639,940 and maintain its structure and integrity. Eckhardt wrote that the College Hill House is a building constructed for group living. She wrote an attempt to remodel the building into apartments would not only be very expensive, but it would go against one of the Secretary of the Interior's Standards for Historic Preservation. Eckhardt wrote that a higher density would ironically benefit this building and this neighborhood. Hudson said he would like to read a second letter written by Mark Kresowik, President of University of Iowa Student Government. Kresowik wrote a primary issue is parking and denying the variance will increase the parking problem. As far as conduct, Kresowik argued that denying the variance will increase disorderly conduct. Kresowik wrote that the current tenants, members of the UI track team, are exemplary. Krespwik wrote that the tenants only own 6 vehicles and if the variance is denied, single tenants will come with more vehicles. As far as future occupants, Kresowik wrote that if the Board denies the variance, these responsible students will be forced to vacate and the Hudson's will no longer own the building. Another owner, forced to make tougher decisions about lower profits due to the lower occupancy, will not consider the occupants of the building as carefully. Kresowik wrote that he feels these younger members of our community are sometimes denied that fair hearing. Kresowik wrote that at a neighborhood gathering to discuss the variance application, to which a representative of the UI track team was given an invitation, they were asked to leave before the meeting and prevented from discussing the issues at stake. Kresowik wrote that some members of the community automatically discriminate against the youthful nature and reputation of students in general, without considering the real facts of the group and owners before you today. Kresowik wrote that the Hudsons will continue a tradition of responsible, intentional communities in this building, a tradition started by members of the UI track team. I hope you give them the variance, Kresowik wrote, and move this community forward together. Hudson said Sarah has both of these letters and he hopes they will become part of the record. Rob Phipps. one of the owners of 932 E. Colleqe St. Phipps said when he bought it in 1998, he bought it for $248,000. Phipps said he spent $400,000 on the building to turn it into a private woman's dormitory. After three years, Phipps said, it became evident that it wasn't working. Phipps said he tried alternative ways, which were not successful. Phipps said that last year, they tried to run the building as a 13-person rooming house and described it as "the worst year ever". It wasn't an intentional living situation, Phipps said, and there were all sorts of problems and he doesn't want the building to go through that again. Phipps reiterated S. Hudson's point that the Board should consider her application and not his. Phipps called the building a wonderful historic building for student housing since 1924. Daniel Peoples. UI Track Team member. 932 E. Colleqe Street. Peoples said he has a group of letters from the residents, similar to the letter he would like to read aloud. Peoples said as a house, they have tried to reach out to the neighborhood. They have received a negative response. Most are unwilling to talk Iowa City Board of Adjustment November 16, 2006 Page 170f23 to them. They held an open house and no one showed up. Peoples said he has heard many complaints from the neighborhood, calling the house "fraternity-like". Peoples said the house is far from that. Peoples said he does not have large parties. We are a group of responsible student athletes. Peoples said that the parking claim is false because he drives daily and never has trouble finding parking. Peoples said that there are 19 residents and only 6 vehicles. Peoples said that the Alpha Phi house has a parking lot but he always sees their cars on his street. Peoples said his housemates have caused no problems and the living situation has had a positive effect on their growth as at team. We are not normal college students. Their lives do not revolve around going to the bars and having house parties. Peoples said he feels that the neighbors have unfairly judged them. Peoples said they have not been given the chance to become part of the neighborhood. Greq Downs real estate aopraiser. Downs said he's been asked to quantify the effective value of the property for possible reduction in the maximum occupancy. He said he used 20 persons as his business model. His concern was the question, how does the property operate at 20 persons as opposed to 13. Downs said the current rental permit lists the property as an owner's apartment unit with a total occupancy of 30 persons. The property is currently leased under a master agreement with a group of the UI Track Team. The leases are annual leases and the average rate is $372 per month, per person. Downs said that the tenants also pay utilities. The landlord pays all of the repairs, inspections, and maintenance. Downs said he has appraised this property twice. In 1998, this full-service rooming facility was new to the community and attracting clients was difficult. Downs said that expenses proved to be to great for the limited demand. The owner reported that they had purchased the property for $240,000 and had invested $400,000 dollars. In his 2005 appraisal, Downs said that the property was listed for sale at $595,000. Downs said in his opinion double occupancy rooms is not probable. The most probable occupancy is 16-18 persons. His financial analysis estimates the gross income at $79,000 and expenses at $29,000. Downs said that taxes have increased about $5,000. Current monthly rent is $7,050 or $84,260 per year. We consider a discount for vacancy and credit loss at 5 percent, so the effective gross income, Downs said, is $80,370. Downs projected the following expenses: 1.) Taxes - $24,254 2.) Insurance - $3,300 3.) Management and Leasing - 6 percent, or $4,822 4.) Maintenance - $4,000 5.) Alarm and fire systems - $1,800 6.) Additional charge for replacing long term items - 2 percent, or $1,608 Downs said that the total expenses are therefore at $39,784 or a net operating income at $40,586. Capitalization rates are estimated at 18.5 percent and using the formula for income over rate for direct capitalization the indicated value at 8 percent is $507,325 dollars. Downs said if one estimated a value of the property to be $525,000 with a 75 percent loan at 7.25 percent for twenty years, the mortgage amount would be $393,750, the down payment at $131,250, and the monthly payment would be $3,112. The cash on cash return of the down payment is 2.7 percent annually. Down said if the occupancy was reduced to 13 roomers, expenses would not vary to a great extent. Assuming 13 persons are in occupancy, Downs said, paying $375 dollars a month each, the gross potential income is $58,500 per year. Effective gross income after vacancy and credit loss is $55,575. Downs said that the taxes would go down to $16,000. Insurance would not change, but he would reduce the maintenance charge. Downs said with such reductions, the operating expenses would remain at $25,294 dollars and the net operating income is at $30,281. Using 8 percent overall capitalization rate, the property value is estimated at $378,512. If one estimated the value at $380,000 and assumed a 75 percent loan to value ratio for 7.25 percent mortgage, the monthly payment would be $2,252.57 on a mortgage of $285,000. Downs said reducing the occupancies reduces the value from $507,300 to $378,000, based on occupancy of 13 persons. Downs said that rental properties are based on the net income produced. Downs said such a reduction is not financially feasible to convert this to a multi-family dwelling. Downs does not feel that occupancy of 30 persons is realistic but a reduction to 13 will materially affect the value of the property. Downs said occupancy of 20 is feasible from a financial and practical point of view. The property currently pays $24,254 in property taxes. Downs said that residential properties are one to two family dwellings and receive a rollback to approximately 46 percent. A home of $175,000 pays taxes of $3,059 per year. Downs said a property worth $200,000 pays taxes of $3,500 dollars and this property pays taxes equivalent to 7 or 8 single-family residences. Downs said that fraternities and sororities are treated as residential properties. Downs used the Sigma Nu fraternity as an example, which enjoys a residential Iowa City Board of Adjustment November 16, 2006 Page 18 of 23 rollback. Downs said in his opinions the owners investment of $650,000 exceeds the estimated value even if the property is capped at 20 persons. Downs said that if the occupancy was capped at 20, the property value would be estimated at $520-540,000, in his opinion. Downs said he is amazed at the wear and tear of the fraternities and sororities he has appraised, unlike the property at 932 E. College Street, which appears to him to be in very good shape. Mike Puqh, council for Leiqhton House L.C. Pugh said his purpose is to show that the applicants show unnecessary hardship in connection with the request for their variance. Pugh said that the Iowa Code provides BOA authority to grant variances as long as they are consistent with public interest. So that the spirit of the ordinance be observed and justice done, Pugh said that the city code requires the Board to find that the property in question cannot yield a reasonable return if required to comply with the requirements and standards specified in the zoning code, this is also known as the reasonable rate of return requirement. Pugh said the Iowa Supreme court stated that in claiming unnecessary hardship, the applicant must show each of the following: 1.) the land in question cannot yieid a reasonable return if used only for the purpose allowed in that zone 2.) the plight of the owner is due to unique circumstances and not conditions of the neighborhood 3.) the use will not alter the central character of the neighborhood Pugh said that Iowa courts have found that in order to justify a variance it must be proven that the strict application of the city law practically destroys the value of the property. Pugh said the Iowa Supreme court, in defining unnecessary hardship in a Deardorf case, cited the following definition: by way of guiding principai it may be said that a variance should be granted where the application of a regulation of a particular property greatly decreases or destroys its value for use. Pugh said the granting is appropriate even in situations where some value remains in the property. Pugh said that if you apply a very strict interpretation of the Supreme Courts definition in which a variance cannot be granted unless property value is destroyed, a Board of Adjustment would serve no practical purpose in approving or denying variances. Peot said this was not the intent of the legislator. Instead, Pugh said, the Board should focus their attention on the Supreme Court standard on whether or not the application is able to show a strict application of the zoning ordinance greatly decreases the value of the property. Pugh said that in 1997, the Board of Adjustment found that to restore the historic integrity of this structure will require some up front capital investment. Pugh said that capital investment has been made, in an amount exceeding $400,000. Pugh said previous testimonies have illustrated a reasonable return could not be realized with permitted use of 13 roomers. Pugh said that Downs said using the property as a single-family home, duplex, or family care facility would require a significant additional capital investment. This, Pugh said, is not practical. Pugh said that in the owner's original investment with Leighton House, even if Leighton House failed, the owner had the safety of falling back on a twenty-person occupancy building or as a fraternity or a sorority house. The downsizing, Pugh said, occurred in 2000 when the owner was still trying to make the property profitable. The granting of variances is necessary to diffuse certain situations that may give rise to constitutional challenges if zoning ordinances is strictly applied. Pugh said that the variance is a "legal safety valve." Pugh said that what is before the Board is a request to strike a balance between the property owner and the neighborhood. Pugh said that the property owner is coming to the Board with a suggestion that it would agree to a variance of 20 roomers, which would in actuality be 10 less than what is permitted by an original variance. Pugh said the property is not located in a single-family area. Pugh said there are only 12 out of 41 residences that are sing ie-family residences. Pugh said 13 roomers would be the lowest occupancy that this building has ever experienced. Pugh referenced the decision of the 1997 Board decision, which stated "there is no other viable economic use for the property other than as a student rooming house." Pugh said that they consider the application to be a compromise variance; it reduces the current variance from 30 to 20 roomers. Pugh said it is good for the property owner. Pugh said this variance is good for the city because it recognizes the significant investment this owner has made into a historic property. Pugh said that when the staff says they can't legally grant a variance, it's a loaded recommendation that the staff is not qualified to make. Pugh requested a copy of the letters and excerpts of minutes from the 1997 Board of Adjustment meeting. Davis Lvndon. current contractinq manaqer of the 932 E. Colleqe buildinq. Lyndon said he is 21 years old and a junior at the University of Iowa. Lyndon said that seven of the 19 tenants will be 21 by December of 2006 and everyone in the house is above the age 19. Lyndon said the cross country team has the highest grade point average among the athletic programs at the university. Lyndon said that they have an Iowa City Board of Adjustment November 16, 2006 Page 19 of 23 established house government. Lyndon said they have an advisory council to deal with this issue. Lyndon said he is extremely proud of his housemates. Lyndon said they have tried to reach out to the community with their open house and he is asking the Board to grant the variance so they may continue their tradition of excellence both on and off the field. Wright asked if his position as manager is a paid position. Lyndon said yes, he receives $500 a month. Susan Bender, former Board of Adiustment member. Bender said she served on the Board when the original variance was granted. Bender said she would like to make four points. Bender said she is the only person who toured the extremely run-down fraternity building. Bender said it was the filthiest house she'd ever seen. Bender said the inside was destroyed and the neighbors she had spoken to were relieved about the plan to restore the house by Phipps. Bender said she understands what a thankless job this can be. Bender said it was the city staff liaison, Melanie Rockwell, who left department after her five year term, who said it was the Board's job to provide a system of checks and balances. Bender said that there are exemplary people here, referring to the Hudsons, who are trying to make this a win-win situation for everyone. Bender said this is not contrary to the public's interest but is in fact keeping to the down zoning in 2000 where the primary justification was the preservation of the historic character of the neighborhood. Bender said it's also in keeping with the zoning ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. Bender said she hopes the Board is not confused by the assertion of the staff that the Hudsons are requesting additional 7 residents. Bender said the applicants are willing to accept 20 tenants, which is 10 less than the original variance. Bender alluded to the previous testimonies of Downs and Peot. Bender said that she concurs with Pat Eckhardt when she writes that the Board had no idea what a hardship this condition would place on the owners of this historic property. Bender said she never had city planning staff offer rebuttal as part of their report. She found this disturbing. Bender hoped that the Board will learn from her mistake. Bender said mistakes are to be expected because "we are community volunteers, we are not professionals". She believed that the 1997 Board made a mistake in tying the variance so specifically to a business plan. Bender said she found in interesting that a reduction in parking was grandfathered in for the other fraternity that the Board talked about tonight and she found this "curious". Tom Bender. husband of Susan Bender. Bender said he is here in support of the Hudson's variance request. Bender said that he has been involved in real estate and insurance, where he worked with small business people. Bender said that what he finds most disturbing is that they took a business plan and misused it by tying it to the property, which is a gross misuse of what a business plan is supposed to do. Bender said that he has never been associated with a business plan that didn't have to change. Bender said when they tied the variance to a business plan, they "hard wired" Leighton House to fail. Benders said that Phipps has to sell his property for an amount considerably less than what he spent. Bender said that right thing to happen is to cut Phipps "a little slack" and "stem the bleeding". Bender said that S. Hudson knows what she's doing and she will make this a success. Bender said he hopes something like this will never, ever happen again. Todd Lvndon, father of Davis Lvndon. Lyndon said that last year he looked for a bigger house to buy with the notion they would pull a group of guys that had an affinity for one another. Lyndon said that there are precious few facilities left in Iowa City and he was happy when they toured the 932 E. College building. He offered to buy the building and encountered a lot of concern about his intentions. Lyndon said that he is proud of the tenants and their goal is to create a tradition where the place would not be occupied by transients. Lyndon said the he is trying to establish an intentional community. Lyndon said he can't guarantee that the kinds of people that live in the building will always be exemplary. Lyndon said that the notion is how we need to work together with the neighborhood to create a model that could work. Lyndon said neighborhoods are optimal when they are diverse. Lyndon said that the building was designed for student housing and a team like the track team would create a sense of diversity. Lyndon said that the Board's decision might have the same effect as the tornado that came through the city in April. Lyndon said that a building occupancy of 13 is not financially feasible and it won't work. Lyndon asked the Board to endorse the variance and he said that he would love to work with the neighborhoods. Lyndon said that he empathizes with neighborhood concerns but they need to sit down and talk about what they need to do to make this a success. Jim Estin. Colleae Street. Esten said what happens to this facility deeply matters to neighbors. Estin said that some of the neighbors really need to look to the Board for some clarity as to what this is about. Estin said the Board should oppose this variance request. Estin bought a house about a year ago and put in a lot of money into converting it into a single-family house. Estin said that the stabilized zoning affected his Iowa City Board of Adjustment November 16, 2006 Page 20 of 23 decision to invest money into the house. Estin is relying on the city's down zoning the neighborhood and goal of stabilizing and preserving the character of the neighborhood. Estin said it is clear that the decision of the 1997 Board to tie it to a business plan was not made by the Board but they merely approved what was submitted by the owner. Estin said that this request is not to reduce the occupancy from 30 to 20 because the occupancy at the moment is 13. So the request does represent an increase. Estin said parking is a problem. Estin there are consistently illegally parked cars in the alley, which is some sign that parking is problematic. Estin said he has to call the police and this puts him in an uncomfortable situation. This is not a win-win situation. Estin said that to increase the occupancy in the neighborhood is to increase problems in parking. Estin said this proposal undermines the stabilization goals of the neighborhood. Estin said it's not just neighbors that have been misled, but the current tenants as well. Estin said the decision of the Board has very long lasting results that cannot be predicted. Estin said current zoning does not allow for fraternities and the Daily Iowan for today stated that the building "feels like a fraternity". Estin agreed with this statement. Meq Barron, lives in back of the Leiqhton House. Barron said she's lived there for thirty years and she's seen people come and go. Barron commended the tenants but said they will leave like the rest of them and the variance will stay, which might bring in tenants who are not so commendable. Bu Wilson, 1110 E. Colleqe St. Wilson said she will look at the financial issue from various aspects. Wilson commended the current tenants. Wilson said that she would like to start with the possibility that the tenants have been mislead. She referenced the Daily Iowan article on 9-20-06 that stated the building occupancy must be reduced from 20 to 13. Wilson quoted a letter addressed to Mr. Pugh that stated that the building's occupancy can only remain until December 31, 2006 but if the occupancy is not reduced to 13 after that, legal action will be taken. Wilson said she feels for these young men because they were mislead and now they're being evicted. Wilson said she would like to speak of the hardship in question. Wilson said she didn't know anything about the open house. Wilson said it was the current owner's decision to put all of his eggs in one basket. Wilson said it is unfortunate that he going to lose money on it, but it's the result of business decisions, not zoning. Wilson heard that the owner was present at the 2000 zoning hearings but did not speak to the issue. Wilson said 942 Iowa Ave has some similarities to the Leighton House. The building is an 8-rooming unit. They don't have a kitchen or dining room that can seat 30 and they don't have an exercise room. Wilson said the roomers don't have a large living room with a fire place. The residents of this building pay 380 dollars a month, which is less than some of the current tenants of Leighton House and they are living in smaller spaces. Wilson was bothered by the fact that variance would be tied to the property. As a property owner, this bothered Wilson. Wilson bought a house for more money because it was located in a historic district. Wilson said it was money well spent, as long as the zoning laws are strictly enforced. Wilson said the Leighton house was a result of unwise business decisions and her property values should not devalue because of them. Jim Enloe, Colleqe Street. Enloe said he was not aware of the open house. Enloe said he wanted to reiterate what Bu had said regarding business decisions to restore the Leighton House to much better condition. It was a business decision, Enloe said, that was not predicated upon having to have a specific zoning protection forever and ever because the money has already been spent. It may not have been a wise decision. Who knows what the future may bring, Enloe said, and they want to try to tie this to the property and hope that the building is always occupied by affinity groups but there's no guarantee. Enloe said he's tied to this community in a very long term way and the zoning is there to protect those who live in these neighborhoods. Enloe said the Board has a duty to protect the residents of Iowa City, and they don't know what the future is going to hold. Enloe said if they are currentiy in violation of a zoning ordinance that is a result of bad business decisions. We shouldn't have to pay for this. Enloe said the business plan that was originally for the first variance granted in 1997 was not to protect the owner; it was a condition to gain the variance. Enloe said the business plan was not very "long followed". Enloe cited the parking trouble and it's quite contentious at times, particular game weekends. Such problems would be exacerbated if the variance was granted. Esther Baker, 1022 E. Colleqe St. Baker said granting this variance gives these property owners a privilege that other business people are not allowed. Baker said she's concerned that this variance will set a precedent in which other businesses will come to the Board for similar requests and this will lead to destabilization. Baker commended the tenants but said they're graduating soon and who's to say the track team will carryon the tradition? Baker said there are no insurances that exemplary tenants will always occupy the Leighton House. Baker she likes the idea of such an "utopia" but in the long term, the tenants and the owners are temporary and the variance is permanent. Baker said she bought her house 4 Iowa City Board of Adjustment November 16, 2006 Page 21 of 23 years ago and down zoning was the reason she invested in the neighborhood. Baker said this variance would create a "slipper-slope" for other similar variances. John Morrison. 115 S. Summit. MorrisOn said that this variance lasts as long as they have It. The track team doesn't guarantee anything. Morrison feared another fraternity, with tenants who weren't even "house broken". Morrison said he's concerned what will happen if things don't work out. Lisa Ann Johnson. President of River Citv Housinq Cooperative. Johnson said the RCHC is placed in a difficult position of speaking to the matter, as they are an intentional committee with members who are predominantly students. Johnson said her group has also been held to unfair stereotypes, similar to the tenants of the Leighton House. Johnson said she has to speak to what her members decided at a recent Board meeting. Johnson said the RCHC has supported organizations and individuals who wish to establish an intentional community in Iowa City. Johnson said the RCHC has strong concerns about the variance being requested. Johnson said the Hudsons have not stated a clear plan for future oversight nor have they stated a plan for accountability. Within the past 3 months, Johnson's members have found that the current Leighton House tenants' "naked run" was not appreciated by come neighbors. Johnson said that noise in the late evenings coming from the tenants have been disruptive. Johnson wanted to note it's not about the current members, who are commendable. Johnson said there are creative solutions out there for running a housing system for 13 tenants. Johnson said members said granting this variance will change the dynamics of the neighborhood. Johnson said she's asking the Board to deny the variance. Alexander asked Johnson to define "intentional community". Johnson said there are various definitions. Johnson said there are "non-profit" collectives, in which the Hudsons do not fall under this category. Johnson said there are "work collective" communities and some can be as simple as saying "we're just a bunch of people who want to live together." So there isn't a clear definition, Johnson said. Michael Zimmer treasurer of the River Citv Housinq Cooperative. Zimmer said he is worried about their finances. Zimmer said the Hudsons are trying to establish hardship. Zimmer said he can only have 12 people in his house and they are able to make a profit because they demand a rate of return. Zimmer said he doesn't understand how the Hudsons can't make a return. Also, Zimmer said, the noise is also a problem. Zimmer mentioned parties at the Leighton House and he said the naked run concerns him because there are "young females who are impressionable". Ann Esten, College Street. Esten said she supports the comments that were made in favor of denying the application for variance. Esten said 20 is an extraordinary number of people. Susan Lutqendorf. 911 Iowa Ave. Lutgendorf said College St. is a street where people care about a single-family neighborhood. Lutgendorf appreciates the concerns of the Hudsons to keep up the neighborhood, she is concerned about the permanence of such a variance. Mike Puqh. council for Leiqhton House L.C. Pugh said he wanted to introduce the rental permit for the property into the record. It rebuts that the property is only allowed for 13 roomers. Pugh said the rental permit allows 30 roomers. Peot said the variance will be in existence as long as the business plan is followed. Pugh said they're asking for a reduction to 20. Pugh said complaints about properties are reported to the city and the properties report has a very clean record. Pugh said in his guess if you look at other rooming houses, the complaints will be very high. Alexander asked for clarification from the city regarding the conflicting testimony regarding the legal occupancy of the Leighton House. Pugh said that, with the down zoning, the property occupancy is for 13 roomers. But, Pugh said, with the variance, the occupancy is increased to 30, if you follow this business plan. Walz said that is correct. She said the difference is that the current situation is not in compliance with the business plan so the rights to the variance do not exist Pugh said the variance always exists. Pugh said he finds it curious that one letter, he can't remember, is dated November Bth and it's no finding of fact. Pugh said the Board has opportunity to strike a reasonable compromise with the owners and the neighborhoods. Pugh said the property cannot be used as a fraternity or sorority. Susan Hudson. co-applicant of VAR06-00001. Hudson said she was talking about the physical structure of the building and what it would take for anyone to operate the building. Hudson wanted to point out that Zimmer's comments about how he runs a house with 12 tenants is unrealistic to her property. HUdson said Zimmer's property is 2,593 sq. feet, 11.0 the size of the building they are talking about-B,752 sq. feet. Iowa City Board of Adjustment November 16, 2006 Page 22 of 23 Hudson said look at the physical structure of the building and what it costs to maintain it. It cannot be maintained, Hudson said, with 13 people. Hudson said this is why she needs the variance. Hudson said the building cannot be treated as a new construction. It cannot be made to size. An existing building, Hudson said, is there and you cannot simply cut off 1/3 of the building. Hudson said what she's been talking about is running and operating the Leighton House. Hudson said with 13 people, the building cannot survive. Public Hearina Closed MOTION: Alexander moved to defer judgment because she said there has been so much additional information rendered on this case that she doesn't feel like she can provide an intelligent opinion after 6 hours. Wright seconded the motion. Shelangouski and Leigh both agreed with the motion. The motion passed: 4:0 Sandra Hudson objected to the Board's deferment, stating that she's been sitting for 5 hours and she understands everyone is tired, but the next Board meeting, December 13'h, 2006, is not going to work for her. Alexander reiterated her point about the additional evidence and the fact that they have had no time to review such evidence. Hudson said this is already a delayed meeting. S. Hudson said there she is working under time constraints. Holecek asked Sandra Hudson to come to the microphone. Hudson said there is a situation where her financing will no longer be in place if she has to wait until the middle of January. Hudson said she needs a decision before the first week of December. Hoiecek asked if the Board would like to schedule a special meeting. Shelangouski asked if they did hold another meeting, would the applicants be able to hold an appeal during the same meeting, given the Hudsons' time constraints. John Hudson said, "Point of order" and then clarified that they did not say they were going to appeal. Shelangouski said she's not saying it's them or anyone else. John Hudson said all of his other contingencies for purchase-home inspection, appraisal by the bank- have been delayed so they can hear a decision, which has to occur before the closing. Hudson said he's in a bind and he would request a special meeting. Alexander said she's not trying to delay anything but she would like to make a wise decision. Walz mentioned Sandra Hudson's concerns that the Board was reviewing someone else's application and so she said it might be to their advantage if the Board has more time to read over the new evidence. Holecek reminded the Board that they should avoid communications with people for or against this application. Walz said that no one should contact the Board and if they do the Board should just refer them to her (Waiz) and submit their comments to her. Bu Wiison asked if she might be able to speak again at the next meeting in opposition of the variance. Holecek said it's up to the Board. Walz said that any substantive new evidence should be submitted ahead of time, for future reference. Alexander said hearing it read out loud is not the same as having time to review it. Other None Board of Adjustment Information None Adjournment The meeting adjourned at11 :35 pm Shared/pcd/minsJboa/2006/11-16-06.doc Board of Adjustment Attendance Record I 2006 i I I i I Term I Name Expires 01111 02/08 03/08 04/13 05/1 0 06/14 07/12 08/09 09/13 10104 11/16 I I Karen Leil!:h 01/01107 X X OlE X X X X X X X X I Carol Alexander 01101/08 X X X X X X X X X OlE X I Michael Wril!:ht 01101109 X X X X X X X OlE X X X ! Ned Wood 01101110 X X X X X X OlE X X X X I I M. Shelangouski 01101/11 X X X X X OlE X X X X X I i I I I Key: i i X = Present ! o = Absent I OlE = Absent/Excused i NM = No Meeting ! i I i ! i i I I I I ! i I I I I I I I I I rn:J MINUTES IOWA CITY BOARD OF ADJUSTMENT SPECIAL MEETING NOVEMBER 27,2006 MEETING ROOM A- IOWA CITY PUBLIC LIBRARY Preliminary CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 pm MEMBERS PRESENT: Karen Leigh, Michelle Shelangouski, Michael Wright, Carol Alexander MEMBERS ABSENT: Ned Wood was absent due to a "conflict of interest". STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: RECOMMENDATION TO COUNCIL (become effective on Iv after separate Council action): None VARIANCE VAR06-00001 Consideration of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street. MOTION: Carol Alexander moved that VAR06-00001, consideration of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street, be denied. Wright seconded the motion. Shelangouski said that she wasn't sure why the occupancy was established at 13 back during the 1997 variance. Walz said that this number was based on lot size and square footage. Shelangouski said that she didn't understand why the variance was tied to the business plan. Holecek said that the 1997 variance was granted to LLC because of the conditions that they had listed in their business plan. Because the conditions strictly belonged to LLC, Holecek said, and because the variance was granted based on the conditions, the variance was tied to the LLC business plan. Shelangouski said she has concerns. She said that she is concerned about the parking, or lack thereof. She said that hardship may be experienced by the present owner, but hardship may not necessarily carry over to the future owner. Alexander said that people on both sides of this issues were good people, however a variance must have high standards and if a variance is going to be granted, all of the conditions of a variance must be met- no exceptions. Alexander said that obtaining a variance is not supposed to be easy. Alexander stressed that if an applicant fails to meet even one condition, then the variance must be denied. Alexander said that the 1997 variance was a noble experiment and that simply didn't work. Alexander said that she is sure of the quality of the current tenants but the UI Track team is not buying the house. Alexander said that there are no guarantees that men like the current tenants will always occupy the house. The entire Board agreed with this statement. Iowa City Board of Adjustment November 27, 2006 Page 2 Wright said that the variance has high standards and he listed the conditions of the variance. 1.) Not contrary to the Public Interest The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. 2.) Unnecessary Hardship The property in question cannot yield a reasonable return if u.sed only for a purpose allowed in the zone where the property is located. The owner's situation is unique or peculiar to the property in question The hardship is not of the landowner's or applicants own making or that of a predecessor in title. Wright said that the applicants' request does not meet the first requirement. Wright said this is a large building on a small lot and cannot possibly accommodate more than the two off-street parking spaces it now has. He said that parking would be a serious issue if the variance was granted. Wright said that there an intentional community was no different from any other rooming use. Wright restated what Alexander had said about the tenants being exemplary but there are no guarantees that the tenants will always be like this. Wright also said that although the tenants have 6 cars right now, there are no guarantees that a potential 20 tenants will always only have 6 cars. Wright said that he believes the parking issue has not been adequately addressed. Wright said that the variance would be contrary to the Comprehensive Plan and the intent of the 2000 down-zoning. Wright then said that this variance will also go against the second requirement for granting a variance. Wright said that it is difficult to calculate but whether or not denying the variance will reduce the property value depends upon the business plan and "folks" involved. Reasonable return in this case was tied to the purchase price. Wright said he did not believe that limit on roomers removed all potential for the property. Wright said he doesn't believe the owners' situation is unique. Wright said that the hardships in question are a direct result of unwise choices made in the past. Wright said he will vote to deny the request. Alexander said that while there may be some financial hardship, she couldn't get passed the public interest concerns. Alexander agreed with Wright and said she has concerns about over-crowding, including parking. Alexander said granting a variance that creates a business advantage is very risky. Alexander said that down-zoning happened for a reason in the area and therefore she will also vote to deny the request. Shelangouski agreed with both Wright and Alexander. She would vote to deny the request. Leigh also agreed with the Board and also indicated that she would vote to deny the request. The motion is approved: 4:0 OTHER Wright "moved to congratulate" Leigh on a job well done and said that this is her last Board of Adjustment meeting as chairperson. Wright thanked Leigh for all of her time and expertise. Shelangouski and Alexander both seconded the motion. BOARD OF ADJUSTMENT INFORMATION None ADJOURNMENT The meeting Adjourned at 5:30 pm s/pcd/minutes/BOA/11-27-06.doc --"----------------~----~---_._._"----_._---_._----- Board of Adjustment Attendance Record I 2006 Term Name Expires 01/11 02/08 03/08 04/13 05/10 06/14 07/12 08/09 09/13 10/04 11/16 11/27 Karen Leil!h 01/01107 X X OlE X X X X X X X X X Carol Alexander 01/01/08 X X X X X X X X X OlE X X Michael Wril!ht 01/01109 X X X X X X X OlE X X X X , Ned Wood 01101110 X X X X X X OlE X X X OlE OlE I M. Shelanl!ouski 01/01/11 X X X X X OlE X X X X X X , Key: X = Present o = Absent I OlE = Absent/Excused I NM = No Meeting I I I I : I !