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2002-12-10 Info Packet of 12/5
CITY COUNCIL INFORMATION PACKET CiTY OF IOWA CITY December 5, 2002 www.icgov.org DECEMBER 9 SPECIAL WORK SESSION ITEMS IP1 Memorandum from Community and Economic Development Coordinator: Housing Criteria for CDBG and/or HOME Funded Projects IP2 Letter from Lauren Reece (lC Community School District) to City Manager: Request for Bond Referendum Support MISCELLANEOUS ITEMS IP3 Memorandum from Mayor Pro Tem Vanderhoef: Iowa League of Cities - City Federal Action Network (City FAN) IP4 Memorandum from Kim Johnson to City Manager: Agenda Items IP5 Memorandum from Assistant City Manager: Municipal Electric Utility Joint Feasibility Study - Update IP6 Memorandum from City Attorney: Videotape of Traffic Stop IP7 Memorandum from City Clerk: Computer Laptop Scheduling IP8 Email to City Clerk from Mike Sullivan (JC Board of Supervisors): Agenda Items for January 22 Joint Meeting IP9 Memorandum from Community and Economic Development Coordinator: FY04 Applications for CDBG and HOME Funds IP10 Letter from Mark Anderson (lC Airport Commission): Strategic Business Plan IPll Letter from Pat Harney to City Manager: Sewer Line for Proposed Iowa National Guard Readiness Center and JC Administrative Campus IP12 Letter from Susan Judkins (Iowa League of Cities): City Showcase IP13 Memorandum from Senior Planner: District Planning Schedule IP14 Letter from Jay Honohan (Chair, Senior Center Commission) to Ray Heffner: Senior Center Budget IP15 Building Permit Information - November 2002 IPI6 Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES) Report - October 2002 IP17 Iowa City Police Department Use of Force Report - October 2002 December 5, 2002 Information Packet /continued/ 2 IP18 Iowa City Police Department P.A.U.L.A. Report - October 2002 IP'I9 Memorandum from City Clerk: ECICOG Information IP20 Email from Council Member Wilburn: ECICOG Express IP21 Email from Council Member Pfab: Housing the Homeless, Near-Homeless, Get to the Heart of the Problem IP22 National League of Cities Policy Informer - November 2002 [Vanderhoef] IP23 Invitation: December 10 Retirement Reception for Arlys Hannam IP24 Minutes: City Council Economic Development Committee: August 30 IP25 Minutes: PATV Board of Directors Meeting: September 19 Invitation: Holiday Open House, December 13 I PRELIMINARY/DRAFT MINUTES I IP26 Housing and Community Development Commission: November 21 Recommendations to Council: 1) Agree that each housing project, except minor home repairs, funded with CDBG and/or HOME funds must appraise to value by an independent third party appraiser; 2) Agree to modify the HCDC ranking sheet to give more emphasis to private funds IP27 Iowa City Airport Commission: November 14 IP28 Iowa City Board of Adjustment: November 13 IP29 Iowa City Board of Appeals: November 4 IP30 Iowa City Telecommunications Commission: November 25 Recommendations to Council: Accept the settlement agreement with Mediacom as written. IP31 Parks and Recreation Commission: November 13 December 5, 2002 Information Packet (continued/ 2 IP18 Iowa Cit~olice Department P.A,U,L.A. Report - IP19 Memorandun~rom City Clerk: ECICOG Information IP20 Email from Coun~ I Member Wilburn: ECICOG Expre,, IP21 Email from Pfab: Housing the toeless, Near-Homeless, Get to the Heart of Problem IP22 National League of Policy Informer- N~ 2002 [Vanderhoet-J IP23 Invitation: December 10 rement Rece for Arlys Hannam IP24 Minutes: City Council Ecom Committee: August 30 IP25 Minutes: PATV Board of Directo September 19 PRELIMI IP26 Housing and Community ~ment November 21 Recommendations to Coun( Agree that ~ housing project, except minor home repairs, funded with unds must appraise to value by an independent third party ) Agree to m( ry the HCDC ranking sheet to give more emphasis to funds IP27 Iowa Cib November 14 IP28 Iowa City Board Adjustment: November 13 IP29 Iowa City Boal )fAppeals: November 4 IP30 Iowa Cit~ Commission: Recomme[ ~tions to Council: Accept the settlement agreer 3t with Mediacom as written. IP31 Parks ~ Recreation Commission: November 13 City of Iowa City MEMORANDUM DATE: December 3, 2002 TO: City Council and City Manager FROM: Steven Nasby, Community and Economic Development Coordinator~ .~ RE: Housing Criteria for CDBG and/or HONE Funded Projects At the September 9 work session, Council requested that the Housing and Community Development Commission (HCDC) discuss and make recommendations on several issues related to the evaluation of housing projects requesting Community Development Block Grant (CDBG) and HOME funding. These housing criteria are as follows: · cost per unit or cost per bedroom standards · proportion of professional and other fees · ratio of public to private funds · requirement for a minimum investment by the applicant At their November 21 meeting, HCDC discussed these four criteria and made the following recommendations. 1. Each housing project, except minor home repairs, funded with CDBG and/or HOME funds must appraise for value by an independent third party appraiser. If the project costs exceed the appraised value; the applicant/owner must repay the City the difference between the appraised value and the total project cost, up to 100% of the City's contribution. 2. Hodify the ranking sheet to give more emphasis to private funds: 0 to 25% of project cost in private funds, 0-2 points 26 to 50% of project cost in private funds, 3-4 points 51 to 75% of project cost in private funds, 5-6 points 76 to 100% of project cost in private funds, 7-8 points The Commission felt that recommendation #1 addresses the cost per unit or cost per bedroom standards and the proportion of professional and other fees criteria, as the appraisal is an independent measure of the local housing market. Projects that are too costly (as compared to the Iowa City market) would not appraise for value. Tn projects that exceed the appraised value, the applicant/owner could adjust the costs to meet the appraised value by reducing professional fees or profit there by lessening the cost pr unit or bedroom. Any adjustment of costs that changed the project (e.g. fewer units) would require a reevaluation of the project by the appraiser, HCDC and the Council before proceeding. HCDC cited the need for flexibility in working with affordable housing projects and the need to encourage scattered site housing. HCDC also wanted to use an objective measurement that December 4, 2002 Page 2 could be applied to all types of projects and wanted a standard that is easy to understand and administer. The appraisal approach meets these objectives Recommendation #2 addressed the ratio of private funds. HCDC's recommendation is consistent with the Council's direction to place more of an emphasis on private funding when evaluating applications for CDBG and HONE funding. HCDC also discussed the issue of applicant/owner equity investment and requiring a minimum investment by the applicant. ~[n reviewing last year's applications there was a wide range for applicant/owner contributions. Tf the minimum level of applicant/owner contribution was too Iow it could lessen the commitment by some applicants; however, if the level was too high HCDC felt it could create a barrier for some applicants. Therefore, HCDC's preference was not to establish a required amount of owner equity, but to encourage the use of private funds through the application ranking system, which is consistent with recommendation #2 above. Enclosed please find a copy of the research put together by Community and Economic Development Division staff on the housing criteria, activities and financing techniques used by six other ]~owa entitlement communities and four State Housing Finance Agencies. HCDC asked that this information be forwarded to the Council along with their recommendations. At the December 9 work session Karin Franklin and Steve Long will present these recommendations and be available to answer questions. Staff is requesting Council direction regarding the implementation of these housing criteria. Should Council decide not to implement these changes, staff will use the same criteria employed in FY03. ]~f you have any questions or need additional information, please contact Steve Long or Tracy Hightshoe at 356-5230. Cc: Housing and Community Development Commission Karin Franklin, Director of Planning and Community Development Stephen Long, Associate Planner Tracy Hightshoe, Associate Planner attachment Housing Criteria, Activities, and Financing Used by Local Communities and/or Agencies November 12, 2002 Iowa HOME Entitlement Communities City of Cedar Rapids (Jayne Benning) HOME funds are used for downpayment assistance (non-forgivable liens up to$6,000), security and utility deposits in conjunction with Section 8, and grants to area CHD©s to develop affordable housing (includes transitional housing). They have not received LIHTC applications, but would review on a case-by-case basis. HOME funds have been used for rental rehabs, but the City may phase out this type of assistance due to the limit on rents and lack of landlord interest. City of Council Bluffs (Brenda Kurtz) No rehab with HOME funds, CDBG only. Use HOME funds for downpayment assistance (up to $15,000) and multi-family rental units. Offer 1% deferred 20-year financing (balloon payment provided at the end of 20 years) for multi-family projects. Review each project on a case by case basis. Reviewed for reasonable costs. City of Davenport (Bruce Berget) Use a portion of HOME funds for owner-occupied rehab. Avg. cost per unit $17,500 (single family units). Use HOME funds for new construction rental only. Applicant must document a gap in financing. Reviewed on a project by project basis. $200,000 cap on each project. Will provide grants or loans or a combination of both. City of Des Moines (Jay Leipzig) HOME funds are used for new construction (rental & single family) and owner occupied and rental rehabs. For new construction the city reviews each applicant's proforma and completes a gap analysis. Assistance is limited to $25,000 per unit, with usual awards ranging from $10,000-$15,000 per unit. Des Moines does not have set standards for per unit costs. The City use to require an owner equity investment of at least 25%, however they have modified their policy recently. The city now looks at each project individually. The City found with the set guideline for owner equity, the city was over subsidizing larger projects, while under subsidizing smaller projects. The city also found they have more control over each project when reviewing each case by case. Staff has the capacity to review proformas and complete a gap analysis. Ifa project is too large or exceeds staff capacity, the City will hire a consultant to provide the necessary review. Nonprofits are usually provided with deferred liens (conditional occupancy loans). Private developers will usually receive financing that consists of a ½ deferred lien and a ½ mortgage at 0% interest for a period of 10-20 years depending on the assistance. City of Sioux City (Ross Kock) HOME funds were allocated to support a tenant based rental program ($138,000), security deposit ($60,000), and downpayment assistance ($112,000, up to 7,000 per household). Use remainder of funds to support multi-family rental, which are usually LIHTC projects. Common financing is 1-percent loan, amortized over 50 years with a 20-year balloon payment. City will often defer principal and/or interest payments for 2-4 years to allow the project to establish cash flow. They generally cap assistance to $5,000 per unit. The City is meant to be a gap financier and only a small player in terms of financing. They look at each project on a case by case basis. City of Waterloo/Cedar Falls (Nancy Gulick) HOME funds are used for downpayment assistance (up to $5,000, 5-year forgivable loan), owner-occupied rehab, through a CHDO, tenant based rental assistance, and owner-occupied, new construction, in targeted neighborhoods (administered internally - homeowner eligible for downpayment assistance and an additional $6,000 if within the targeted neighborhood up to a limit of $ I 0,000). One LIHTC project was awarded funding two years ago. Financing terms - 1-% loan, 20-year amortization with a 15-year balloon payment. Interest payments only until cash flow is sufficient to pay principal and interest. Each LIHTC application is reviewed project by project. The City has not funded any rental projects within approximately the last five years besides this one LIHTC project. The project consisted of 52 units with a 20-year affordability period. Regional State Finance Authorities Administering the Low-Income Housing Tax Credit Program (LIHTC) Iowa Finance Authority - LIHTC Purpose of the program is to provide an incentive to developers to construct/acquire or substantially rehabilitate qualified residential property. Eligible individuals or families must have an income that is at 60% or below the area median gross income (AMGI). Amount of Tax Credit is based on the cost of the Project and number of qualified Low- Income units. The LIHTC is a competitive program. Applications must be submitted in accordance with the current Qualified Allocation Plan (QAP). Each application undergoes significant underwriting. Some of the requirements are listed below: · Applicant must demonstrate the Project is financially feasible and viable using the least amount of Tax Credit. · All funding sources identified that are relevant to the economic feasibility of the Project. · Project must create an operating reserve equal to 6 months of projected operating expenses plus debt service payments, and must be maintained for one full year after reaching stabilized occupancy. · Projects are required to establish and make monthly deposits for a replacement reserve equal to $200/unit per annum for new construction, $300/unit per annum for rehabilitation. (Compliance issue) · Limits on Developer and Builder Fees -- New Construction, first 24 units not to exceed 15%, units 25 and greater not to exceed 12%. Builder and general contractor fees limited to 14% of the Hard Construction Costs. · Debt Service Coverage Ratio (DSCR) - Sponsors must present a Project that can service its debt. Pro forma cash flow will calculate the Debt Service Coverage Ratio for each year of the Project included in the pro forma. DSCR for years one, two, three, and four should fall within 1.10 to 1.30. · Project site must be identified and meet several site suitability factors. · Application requires Sponsor to document a Local Contributing Effort by a public or private agency with a value of 1% of the Hard Construction Costs. · Each complete application will undergo a scoring process based on several factors. One factor is financial leverage. Leverage may consist of Sponsor's Equity, local funding, state funding, federal funding, or conventional funding (can't include the value of the Tax Credit) 1 point for each full 1% of total Project cost multiplied by the applicable fraction. NOTE: In Iowa, developers often apply for state HOME funds for the same projects they are applying for tax credits. State HOME funds are administered through the Iowa Department of Economic Development. The state allocates HOME money to the following four types of projects: tenant based rental assistance (TBRA), downpayment assistance, owner-occupied rehabilitation, and rental projects. New rental construction has a cap of $800,000 with a per unit cap of $50,000. The state does not have set financing terms or cost per unit restrictions to allow flexibility. They review reasonable costs and determine the least amount of assistance to make the projects viable. Each applicant applies for what they need, and then must justify that amount in the application. Downpayment assistance and owner-occupied rehab, projects are allocated as grants to the local entities administering the programs. At the local level, the administering entity determines if the assistance will be in the form of a grant or a loan. TBRA is a grant. State of Illinois Finance Authority - LIHTC The State of Illinois Qualified Action Plan (QAP) places a per unit cap on each unit receiving tax credits. The draft 2003 per unit cost limitations is attached. Per unit cost limitations vary depending on the connty. Illinois also provides additional points in their scoring criteria for development in certain census tracts that have been difficult for development. State of Nebraska Finance Authority (NIFA)- LIHTC N1FA will scrutinize total project costs to ensure that they are reasonable in light of the low-income housing objectives. In determining whether or to what extent a project qualifies for an allocation of credits, NIFA may compare such factors as projected cost per bedroom, LIHTCs per bedroom or other meaningful measures against standards or averages deemed reasonable (such as industry cost standards and/or average costs from competing projects). State of Missouri Housing & Development Commission (MHDC) - LIHTC The amount of tax credit a project receives is determined by what MHDC determines is necessary for the financial feasibility of the development and its viability as a qualified low-income housing development throughout the credit period. Part of their underwriting process includes reviewing the per unit cost. The per unit replacement cost of tax credit developments shall not exceed HUD Section 221(d)(3) limits, adjusted to reflect increased construction costs since their adoption, and further adjusted by HUD's high cost factor to reflect differences in geographic areas. IOWA CITY COMMUNITY I 1~9 ! SCHOOL DISTRICT Lane Plugge, Ph.D. 509 S. Dubuque Street Superintendent Iowa City, IA 52240 (319) 688-1000 Board of Directors (319) 339-6890 FAX President Lauren Reece Vice President Don Jackson ~t~~ '~/q Members Toni Cilek ~. ~'~ ~ David Franker ~ Matt Goodlaxson Jan Left Pete Wallace November 25, 2002 Steve Atkins, City Manager City of Iowa City 410 E Washington Street Iowa City, IA 52240 Dear Steve, As you know, the ICCSD Board of Education is planning a bond referendum to build new schools and remodel older ones in our school district. The scheduled date for the election is February I 1, 2003. Because we believe successful passage of this referendum will serve to increase the vitality and well-being oftbe City oflowa City, we are asking '&e-you, on behalf of the City Council of Iowa City, to draft a resolution in support of this bond referendum. It would be our hope that the Council would take action on such a resolution at its meeting on December 10, 2002. I am attaching the School District brochure which outlines the scope of the project as well as some of the rationale behind it. Please note that the referendum has received endorsements from the IC Chamber of Commerce, ICAD and the lC Federation of Labor. If you or any of the council members would like more information, please do not hesitate to call me. I can be reached at 337-7653. Thank you for your consideration, and I look forward to hearing back from you. cerely. Lauren Reece President ICCSI) Board of Education ¢ t.y Commumty School District / Building The Future 1 1 Maintaining Quality Facilities I This winter voters will be asked to approve a $39 million bond referendum. What projects are included in the referendum? The referendum will provide space for increasing enrollment and expanding programs. · A 15 classroom addition and media center expansion at City High School Why do we need more space? · Accessibility improvements at City High School THE DISTRICT ENROLLMENT IS GROWING · A new 465 student K-6 elementary school / · A new 600 student 7-8 junior high school · A 13 classroom addition and media center expansion at West High School ,, A new building to serve an expanded alternative high school program with a capacity of 250 students · Multipurpose room additions at Lucas, Coralville Central and Wood Elementary Schools · A multipurpose room and 2 classroom addition at Kirkwood Elementary School 1996-97 1997-08 199~-99 1999-00 2000-01 2001-02 · A kindergarten room, media center, music room and storage addition at · During the past 5 years K-12 district enrel~ment has increased by 343 Horn E~ementary School students · Program changes like all-day kindergarten and reduced class size in grades K-2 have required the use of 57 elementary classrooms · City High School is currently 105 students over capacity and uses 7 temporary classrooms How much will it cost? · West High School reached capacity during the previous school year and increasing enrollment caused the addition of 4 new temporary If your house is assessed at $100,000 it will cost you: classrooms · Northwest Junior High School is over capacity and 4 new temporary Net Increase classrooms were added this summer Annual Monthly Daily · The five elementary schools serving the north corridor are over capacity 837..56 $2.63 $ .09 and are projected to be 325 students over capacity by the fall of 2006 Why now? For each $100,000 of assessed taxable commercial property: · Projections forecast increasing student enrollment Net Increase Annual Monthly ~ · District Schools are at capacity $63.00 85.25 $. 18 · Existing indebtedness expires in June 2003 City of Iowa City MEMORANDUM Date: December 3, 2002 To: City Council From: Dee Vanderhoef, Mayor Pro tem Re: Iowa League of Cities - City Federal Action Network (City FAN) I was recently asked by the iowa League of Cities to serve as a representative for the League in the new City Federal Action Network (City FAN). This is a network of individuals throughout Iowa that are asked to comment on Federal issues that might be of concern to Iowa's cities. Periodically "action alerts" and other information concerning federal legislation would be directed to my attention. Several years ago the City staff through the City Manager's office was asked to participate in a somewhat similar program in that we were asked to comment on the financial impact of federal legislation. This City FAN is not substantially different in that I would be asked to comment on federal issues and how they would affect the policies, programs and other financial issues associated with municipalities in Iowa. It would be my intent to accept this appointment, As matters come before the Federal Action Network and are deserving of City Council attention, it would be my intent to provide the Council with not only a periodic update of any activities but also ask for specific commentary and/or possibly even a policy position as it relates to federal legislation. This appears to be a real opportunity for us to get first hand information concerning federal legislation. If you have any questions please feel to call. cc: City Manager Mgr\memos\cityfan.doc City of Iowa City MEMORANDUM Date: December 3, 2002 To: City Council From: Dee Vanderhoef Re: Legislative Reception On Tuesday afternoon, November 26, I attended a legislative reception sponsored by the Iowa League of Cities, the Iowa Association of Counties, and the East Central Iowa Council of Governments. The purpose of the meeting, held at the Coralville City Hall, was to serve as a legislative open house in anticipation of the upcoming session. Five area legislators attended as well as city and county representatives from throughout the area. Attached is a list of the various issues that were presented to the legislators by the staff of the ILC and ISAC. These items will be packaged in a fashion to be presented to the Iowa State legislature. If you have any questions, please feel free to give me a call. Attachments cc: City Manager m~drnem/legislative doc Iowa Leagues of Cities 2003 Legislative Priorities Local Government Revenues Priority: Call for a review of Iowa's state and local tax structure and pursue legislation ~quitably distributing property tax burdens and sales tax revenues. A. Call for a comprehensive review of Iowa's state and local tax structure and freeze the residential rollback at no lower than 50% during the study. ' B. Ensure full funding of state property tax exemptions. C. Update the sales tax distribution formula. Economic Development Tools for Cities Priority: Support economic development initiatives that provide necessary tools for cities to serve as economic engines for the State of Iowa. A. Protect tax increment financing (TIF) as an economic development tool. B. Support continued or renewed funding of state development incentives including the Brownfield Redevelopment fund, Resource Enhancement and Protection fund (REAP), historic preservation tax credits, Vision Iowa and, the CAT program, and others. Road Use and Transportation Funding Priority: Pursue legislation that provides for a more equitable distribution of the road use tax fund and other transportation funding. Public Bid Threshold Priority: Support legislation to increase the public improvement bid threshold to a figure that reasonably reflects current project costs. Impact Fees Priority: Support legislation authorizing the use of impact fees for improvements related to developments. Cooperative Planning and Land Management Priority: Support legislation enabling cooperative planning and effective land management practices. A. Support incentives for cooperative planning between governments, including planning for effective land management practices. B. Support legislation enabling cities to plan for and develop open spaces including parks and trails. C. Support local input on siting of animal confinement facilities. Homeland Security Priority: Pursue legislation enabling funding of fire and emergency medical services and other homeland security protections. A. Support reasonable allocation of state and federal funding for homeland security. B. Support expansion of training opportunities related to homeland security. rngr/legisJativepnonties2OO3.doc ISAC'S TOP PRIC RITIE All 99 counties of Iowa are dedicated to the best service at the lowest possible cost for the citizens and taxpayers they serve. The counties, through ISAC, support the concept of representative government and encourage the preservation of flexibility for elected officials to best represent the people who elect them. In keeping with these principles, Iowa county officials are proud to present their "Top Legislative Priorities" for 2003. With the prime interest of the citizens and taxpayers in mind, we respectfully request that the following seven legislative proposals be considered and approved by the 80'~ General Assembly of Iowa and approved by Governor Vilsack. E-Commerce Fee Recognizing the need for legislation to facilitate electronic transactions, both Congress and the Iowa Legislature have passed the Uniform Electronic Transactions Act (UETA), and Congress has passed the federal e-sign bill. As the public demands the ability to conduct transactions with the government over the Intemet, counties will be urged to expand the nature of services being offered while recognizing the confidential nature of certain county records. ISAC supports counties working together to provide these services in a fiscally responsible manner while realiz- ing that technological advances will better enable counties to serve the public. ISAC supports the funding of those costs associated with e-government by implementing an e-commerce fee to be collected at the time of recording real estate documents. The electronic commerce legislation (HF 2205) that passed the General Assembly in 2000 contained a fiscal note stating that implementation of electronic recording statewide, would cost $50,000 to $100,000 per county. In order to implement electronic recording statewide, without imposing the cost to the property taxpayer, we request legislation allowing a $5.00 technology fee to be collected with each recorded document. Bio-terrorism and Public Health Infrastructure The infrastructure of the public health system enables state and local public health officials to prepare and respond to emerging threats to health. For years, many public health professionals have voiced their worry about whether the existing public health framework is still able to deal with exotic new health threats, much less with lingering diseases. With the increasing populations and the obvious threat of biological and chemical terrorism, these worries are amplified. Whether the problems have to do with lack of access to complex data and information systems, disease surveillance systems which are no longer adequate, the shrinking of a skilled medical and public health workforce, or inadequate research, our public health resources must be revitalized, not simply maintained. Revitalization should come, even in the midst of tight budgets, from a new commitment from the state of Iowa. But the inadequacies of our public health system must also be resolved through the use of funding which has already been made through the award to iowa of $11.5 million from the U.S. Centers for Disease Control. A minimum of 45 percent of this federal funding should go to local public health departments for upgrading pre- paredness. Mental Health and Developmental Disabilities Redesign In an effort to ensure redesign of the Iowa mental health and developmental disabilities system ISAC supports: A state/county partnership where the state restores cuts in allowable growth and takes into account inflation, and the counties maintain effort by returning to their base year levy while not exceeding a 25 percent fund balance; The adoption of the Mental Health Restructuring Task Force Report in its entirety including such features as a defined set of core services, standardized eligibility criteria, adequately state funded risk pool, and replacing legal settlement with an equitable service access system based on ! 1 2003 ISAC Policy Statements I AC'S TDP PRIORITIE residency; Removal of targeted case management for persons with chronic mental illness from the state's contract with MBC of Iowa and thereby returning funding to the fee for service portion of Medic- aid that funds case management services for the mentally retarded and developmentally dis- abled; Adequate funding to meet the needs of Iowa's children. In addition, ISAC supports removal of the current cap on residential treatment programs, and full state funding of foster care; and The addition of day habilitation, pre-vocational and transportation services added to the HCBS- MR waiver to enhance the availability of all current and future community services to individuals with disabilities. County Home Rule Authority and Livestock Confinements Livestock production is important to our state and local economies. The kind of livestock production which emerged through the 1990s - concentrated animal feeding operations - have become, by 2003, predominate in Iowa. Their efficiencies of scale have been offset by the threats which they pose to air and water quality, to public health, and to the well-being of rural residents. The 4egislation which was approved in 2002, SF 2293, made significant strides toward the protection of air and water quality. It also established new procedures for local government input to decisions about the issuance of state permits. However, it did not restore the county authority which was taken away in 1998. County officials should have, under county home rule powers, siting authority over livestock confinement facilities. State Reimbursement for State PHsonere Property taxpayers in Iowa spend more than $50 million annually holding inmates in county jails. Public safety is the fastest growing area of county budgets statewide. There are many reasons why operating a jail has become so expensive, including the increase in the number of jail inmates and the high cost of complying with the state jail standards. One excellent way to fight increasing jail costs would be to guarantee the necessary funding so that the state of Iowa can fulfill its current statutory duty to reimburse the counties for holding state prisonem in county jails. The state of Iowa is required under Iowa Code §906.17 to reimburse counties for the cost of holding parole violators in county jails. The state of Iowa is also required by statute to reimburse counties for work release violators and some OVVI violators. The DOC is cooperating with the counties to see that these bills get paid in a timely fashion. In the FY03 omnibus budget bill, the county confinement line item was cut a little more than three percent ($24,000). The Governor had recommended cutting it $'100,000 (14 pement). Key legislators were able to restore nearly $75,000 of that to keep the line item at $674,000. This is down from the $700,000 attained last year. Lawmakers understand that this line item continues to be underfunded by at least $500,000. The current reimbursement rate is a fiat $50 per day, rather than a county-by-county rate based on the regional differences in the cost of staff, utilities, etc. The county confinement line item is going in the wrong direction - from $900,000 (FY01), to $700,000 (FY02), and to $674,000 (FY03). Certainly $674,000 is far short of the estimated $1.2 to $1.5 million required for full reimbursement of these costs. The Legislature should fund the full amount necessary to reimburse counties, so that the state of Iowa can live up to its legal obligations. By picking up state costs now paid by the counties, this would also provide needed property tax relief. Local Government Fiscal Reform Act In order to obtain true tax reform, all elements of the system must be considered. Such effort must include an examination of state and local income, sales, and property taxes and a comprehensive look at the services funded by each revenue source. ISAC proposes that an Iowa Commission on State and Local Taxation be created for these purposes. Commission membership should include representatives appointed by leadership 2003 ISAC Policy Statements 12 T( P PRIC)RITII;S from both houses of the Iowa General Assembly, Governor Vilsack, ISAC, the Iowa League of Cities, the Iowa Association of School Boards, and other interested groups as deemed appropriate. To achieve best results, the Commission should be adequately funded and staffed by the state. A time frame should include a preliminary report 12 months from the time of enactment and a final report by 18 months. The Commission should be retained for a few years to facilitate recommended legislative changes and implementation of the results. Similar commissions have been set into place in Colorado and Virginia. In addition to the Commission, counties offer the following set of immediate reforms in good faith: Financial Management Plans to use in budget preparation with forms to be approved by the County Finance Committee in consultation with the Iowa State Association of County Supervi~ sots and Iowa State Association of County Auditors. This budget tool (similar to mental health County Management Plans) would be used to assist counties in identifi/ing budget goals, ser- vice and program plans, revenue targets that are self-limiting, and capital projects; 25% unreserved-undesignated fund balance allowance in general and rural funds beginning in FY04 with a levy reduction formula to offset excess balances in FY05 and thereafter if needed; Strong unfunded mandates protections (contained in amendment H 1897 from 2001 legisla- tive session); and General obligation bond flexibility to allow counties to use debt levy for G.O. Bonding in areas less than county wide for specified projects. A 50% floor on the residential rollback should be established during the review of the tax system. Road Use Tax Income And Distribution Current studies show that all road entities (DOT, cities and counties) lack sufficient resources to maintain their existing road and street systems. ISAC supports the current distribution formula of Road Use Tax Fund (RUTF) dolrars to the DOT, cities and counties. Neither the DOT, cities nor counties should be allocated less than their current share of revenue sources making up the RUTF. Additional dollars are needed by all to make needed safety improvements and to respond to economic opportunities. ISAC opposes any diversion of current dedi- cated RUTF income to other uses and away from any or all of the entities. Any changes in jurisdiction and/or control of roadways should only be done with an appropriate change in the distribution of RUTF dollars. 13 2003 ISAC Policy Statements City of Iowa City M MORANDUM Date: December 2, 2002 To: Steve Atkins From: Kim Johnsor)~¢~ Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the December 10thCouncil meeting: 1) Highway 6 Landscape Improvements Contractor: Iowa City Landscaping 4° Project Estimated Cost: $ 69,100.00 4° Project Bid Received: $ 57,884.40 4° Project Actual Cost: $ 57,615.00 2) Contract 3 - South Plant Improvements, Wastewater Treatment and Collection Facility Improvement Contractor: Story Construction 4° Project Estimated Cost: $24,900,000.00 4° Project Bid Received: $26,574,000.00 4° Project Actual Cost: $26,457,779.06 3) Court Hill Sanitary Sewer Improvement Contractor: Van Hauen & Associates 4° Project Estimated Cost: $1,000,000.00 4° Project Bid Received: $1,071,000.00 · :o Project Actual Cost: $1,084,651.15 City of Iowa City MEMORANDUM Date: December 2, 2002 From: Dale E. Helling, Assistant City Manager Re: Municipal Electric Utility Joint Feasibility Study - Update Ten proposals for conducting a joint feasibility study were received by the Iowa Association of Municipal Utilities (IAMU). These proposals have been reviewed by the participating cities, and each has provided input to IAMU staff. It appears that at least two of the responding firms will be interviewed initially and, fudher, that these interviews will be conducted in early January. If from these initial interviews a consultant is selected to conduct the preliminary study, I anticipate completion by April or May, 2003. Once a consultant has been selected, each potential participating city will be asked to commit to the study and to assume its share of the cost. Individual cities' shares could change if one or more of the cities should opt not to participate. However, we will have a final figure before making a firm commitment. cc: Chuck Schmadeke Rick Fosse Kevin O'Malley Andy Matthews mgdasst/mem/iamu doc City of Iowa City MEMORANDUM Date: December 2, 2002 To: City Council From: Eleanor M. Dilkes, City Attorney~ Re: Videotape of traffic stop Attached you will find a copy of Robert Brooks' petition for temporary and permanent injunction against the City of Iowa City. In this action, Mr. Brooks seeks a court order enjoining the City from releasing the videotape of his arrest on October 11, 2002 to the public. At the City Council's formal meeting on November 19, a Council majority indicated it wished to discuss the videotape that is the subject of this action, as suggested by Council Member Kanner in his memo of November 13, 2002. Given the action fired by Mr. Brooks, the tape cannot be viewed publicly. Therefore, after consultation with the Mayor it it was determined that the item will not be on your December 9 agenda. Mr. Kanner's memo indicated he was interested in a discussion of Police policy, but did not identify a particular policy. If the Council wishes to discuss a particurar policy, you should identify the policy and schedule it for discussion and/or refer it to the PCRB cc: PCRB City Manager Assistant City Manager City Clerk Sarah Holecek, First Assistant City Attorney elea nor/mem/videodiscussion doc IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ROBERT BROOKS, NO. PETITION FOR TEMPORARY PLAINTIFF, AND PERMANENT INJUNCTION VS. CITY OF IOWA CITY DEFENDANT PREAMBLE 1. Plaintiff Robert Brooks (Brooks) is an individual residing in Johnson County, Iowa. 2. Defendant City of Iowa City is an Iowa Municipality located in Johnson County, Iowa. 3. On or about October 11,2002, Brooks was arrested by the Iowa City Police. 4. Brooks has learned that the video equipment in the car operated by the Iowa City Police was operational at the time, and that there is a videotape of the interaction between Brooks and the police. 5. Criminal charges are pending against Mr. Brooks. In addition, Mr. Brooks is contemplating civil action against the City of Iowa City. 6. Brooks believes that the release of the videotape of the events of October 11, 2002, may have an impact on either or both actions and make it difficult to obtain a jury unaffected by the release of the video. Further, the videotape shows matters which are personal to Mr. Brooks. Further, this videotape is part of an investigative officer's report and is therefore not subject to disclosure pursuant to Iowa Code Section 22.7(5). 7. The release of the video would substantially and irreparably injure Mr. Brooks. DIVISION I TEMPORARY INJUNCTION COMES NOW Plaintiff, through his attorney, and states the following cause of action against the Defendant: 1. Plaintiff repleads paragraphs 1 through 7 of the Preamble as if set out in full herein. 2. The release of the video would substantially and irreparably injure the Plaintiff. Therefore, pursuant to Iowa Code Section 22.8(1), Plaintiff requests that the Court grant an injunction restraining the examination, including copying, of a specific public record, that being the videotape or any records containing a description of the contents of the videotape. 3. This petition has not been presented to or refused by any judge or justice. WHEREFORE, Plaintiff prays that a temporary injunction issue restraining Defendant from allowing the examination, including copying, of a specific public record as identified above, and for such other relief as may be equitable, and that he have judgment against Defendant for costs and that the court immediately fix a time and place for hearing upon a temporary injunction and prescribed the notice therefor, and upon such hearing enjoin disclosure of the videotape or related record until after final hearing of this cause. 2 DIVISION II PERMANENT INJUNCTION COME NOW Plaintiff, through his attorney, and states the following cause of action against the Defendant: 1. Plaintiff repleads paragraphs 'l through 7 of the Preamble and paragraphs 1 through 3 of Division I as if set out in full herein. WHEREFORE, Plaintiff prays for a permanent injunction restraining Defendant from allowing the examination, including copying, of a specific public record as identified above, and for such other relief as may be equitable, and that he have judgment against Defendant for costs. 3 FOSTER LAW OFFICE Davis L. Foster 000001608 703 South Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 Phone: (319) 339-7727 Fax: (319) 339-7712 Attorney for Plaintiff STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, Robert Brooks, being first duly sworn, do upon oath depose and state that I am the Plaintiff in the above-entitled action, that I have read the foregoing Petition for Temporary and Permanent Injunction, and know the contents thereof and that the statements contained therein are true as I verily believe. Robert Brooks' Subscribed and sworn to before me by Robert Brooks, this~'/~ day of November, 2002. i- 2,: .... : ~A~ ~. ~T-ER .... i ~L-~¢_---¢ ]'~ Commission No.l~4a ~ Notaw Public in and for the State of Iowa 0:17a3453.doc 4 City of Iowa City IP? MEMORANDUM Date: December 5, 2002 To: Council Members From: Marian K. Karr, City Clerk Re: Computer laptop scheduling We are scheduling the re-programming of laptops for December 23 and 24. I need ALL laptops by 9 a.m. on December 23 to do the necessary work. Laptops can be picked up on Friday, December 27; or with your next agenda packet on January 2, 2003. You will be unable to load the January 2 CD without the reprogramming. Please call with any questions. Thank you. Cc: Colin Hennessy agenda items for January 22, 2003 joint cities school board meeting ~ 1 Marian Karr From: Mike Sullivan [msulliva@co.johnson.ia.us] Sent: Wednesday, December 04, 2002 4:32 PM To: marian-karr@iowa-city.org; mmitchell@ci.north-liberty.ia.us; seagren.kay@iccsd.k12.ia.us Subject: agenda items for January 22, 2003 joint cities school board meeting VVhile I am working on agendas I wanted to contact each of you to request any agenda items your organizations may have for the next Joint Cities/School District meeting that is scheduled for January 22, 2003 at 4:00 p.m. If I can have items back to me by January 10th I would really appreciate it. Mike Mike Sullivan, Executive Assistant Johnson County Board of Supervisors Johnson County Administration Building ,~~ 913 South Dubuque Street, Suite 201 Iowa City, Iowa 52240-4207 Phone 319/356-6000 Fax 319/356-6036 msulliva@co.johnson.ia.us www.joh nson-cou nty.com 12/4/02 City of Iowa City MEMORANDUM DATE: December 4, 2002 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinato~ RE: FY04 Applications for CDBG and HOME Funds Enclosed are the application forms and applicant guide for the FY04 round of Community Development Block Grant (CDBG) and HOME Investment Partnership program monies. HCDC reviewed these materials at their November 21 meeting. No substantial changes were made to the application forms. The Applicant Guide was changed to include the City Council's direction on the establishment of interest rates for housing projects. On December 9, Council will be discussing some additional housing criteria. Should the Council decide to implement the recommendations made by the Housing and Community Development Commission, the additional criteria will be added to the Applicant Guide. We are scheduled to begin the FY04 CDBG\HOME funding cycle on December 12 with the announcement of funds available and distribution of application materials. If you have questions or need additional information please contact Steve Long or Tracy Hightshoe at 356-5230. Cc: Karin Franklin, Director of Planning and Community Development Steve Long, Associate Planner Tracy Hightshoe, Associate Planner Attachments DRAFT FY04 Non-Housing Application Guidelines · The application may not be longer than 13 pages. · All materials must be typed - 10 point font or larger. · Please have application form and supporting documentation copied single-sided. · Submit only one copy of the application package to the City of Iowa City. · Only one project proposal may be submitted on each application form. Please use separate application forms for each project proposal. · The application packet may also be found at www.icgov.org/grants.htm Due January 24, 2003 by 12:00 noon - No Exceptions CITY OF I0 WA CITY Planning and Community Development 410 East Washington Street (319) 356-5230 stephen-long@iowa-city, org tracy-hightshoe@iowa-city, org steven-nasby@iowa-city, org City of Iowa City FY04 Funding Request for Non-Housing Projects 1. Name of Project: 2. a. Total Amount of CDBG Funds Requested: $ b. Loan:$ 3. Name and address of applicantJorganization: 4. Contact Person: Phone Number: Fax Number: Email Address: 5. Location of proposed project: 6. Check CITY STEPS Objective (check only one): Homeless Needs Public Facility Needs Public Service Needs Economic Development Needs 7. Brief summary of the proposed project (please limit response to a paragraph). Section 1 - Need/Priority 8. Describe how the proposed project addresses the priorities, strategies and goals cited in the CiTY STEPS plan and the Maxfield Housing Market Analysis. (Please specify the one most applicable priority need and priority need level, as shown on pages 91-92 and 98-99 in CITY STEPS). Priority Need Priority Need Level (High, Medium or Low) FY03 Non-Housing Application t ppdcdbgJnon-housing appJicatJon with blanks.doc 9. Tell us why this project is needed (include information from studies~research or other supporting documentation) and how it fills a gap in the City's continuum of care as outlined in CITY STEPS. Section 2 - Leveraging Resources 10. Is the project requesting a grant or a loan? if a loan is requested, please indicate the applicable loan terms (circle applicable line). Please note that all loan terms are subject to negotiation and/or modification by the HCDC or City staff. Type of Loan: Amount: Years: Economic Development - For-profit (3% amortized loan) Economic Development- Non-profit (1% amortized loan) Public Facilities Project - Non-profit (conditional occupancy loan) Public Service Project (grant) 11. List the amount of CDBG funds requested for various categories appropriate to your project. Use general categories such as salaries, office expense and other administrative expenses for operational funding. Use categories such as property acquisition, architectural expenses, construction costs, material and administrative costs, etc. for construction/rehab projects. Please include the cost of an audit for any organization that expects to receive over $300,000 from all federal sources. Also, budget for the other items listed under Budget Considerations in the Subracipient Guide. If other funds are used to implement the project, please list the sources, state if the funds are in-kind or cash, and check if the funds are anticipated or committed. Document Costs Whenever Possible PLEASE NOTE: The Housing and Community Development Commission may request a copy of your overall agency budget. Budget Breakdown Expense Category Type Status (e.g. salaries, acquisition, rehab) List Source of If possible, please CDBG In- ~rioritize the bud~[et Funds_ Other Funds Other Funds Kind Cash Antic. Comm. Please place an "X" in box that applies: $ $ $ $ $ FY03 Non-Housing Application 2 ppdcdbg/non-housing application with blanks doc Budget Breakdown Expense Category Type Status (e.g. sa/aries, acquisition, rehab) List Source of If possible, please CDBG In- prioritize the budget Funds Other .............. Funds Other Funds Kind Cash Antic. Comm. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Amount of private\agency~other funds $ (a) Amount of CDBG funds $ (b) Total Project Funding $ (c) (a + b) Number of persons assisted (d) (see question 18) Total cost per person (e) (c + d) Total CDBG Cost Per Person $ (f) (b + d) 12. If volunteers are used please describe how these volunteers are utilized for the proposed activity and estimate the amount of volunteer time and value dedicated to the identified tasks. Unskilled labor hours x $10 per hour = $ Skilledlabor ( ) hours x $ per hour = $ Skilledlabor ( ) hours x $ per hour -- $ Skilledlabor ( ) hours x $ per hour = $ Skilledlabor (~ ) hours x $ per hour = $ Total F¥03 Non-Housing Appfication 3 ppdcdbg/non-housing application with blanks doc 13. List other groups or organizations that were asked to contribute to or fund this project and the status of those funds (include anticipated dates of funding awards or decisions). 14. Does the proposed project pay property taxes? Yes__ No__ If property taxes are not paid, does the proposed project pay a Payment In Lieu of Taxes? Yes__ No__ If"yes", what is the percent of full taxes paid?__% and amount paid Section 3 - Feasibility 15. If funds are awarded, will the project/program continue after the CDBG funds end? Yes No Please explain. 16. Briefly outline the proposed timetable for the commitment and expenditure of the funding being requested (include other project factors such as rezoning, construction schedule, or application(s) for other funding). Please Note: lf funded, this schedule will be used for any project agreement for the use of CDBG funding. Date: Description of Activity: July 1, 2003 Beginning of City Fiscal Year and Project Start Date FY03 Non-Housing Application 4 ppdcdbg/nen-housing application with blanks.doc Section 4 - Impact\Benefit to the Community 17. The strategies and objectives of the CiTY STEPS Plan is to promote a continuum of care within the community that includes jobs and services for Iow-moderate income persons. Please describe how the proposed project ties into this concept and partners with existing services or fills a gap within the community. 18. List goal(s) of this project. In addition, please indicate the population to be served by the proposed project according to the income categories shown in the Applicant Guide. (Please Note: If this application is funded, the information in this table will be used as income targeting for the CDBG Agreement), Number between 0 - 30% median income persons (a) Number between 31 - 50% median income persons (b) Number between 51 - 80% median income persons (c) Number between 80 - 100% median income persons (d) Number over 100% median income persons (e) Total persons (f) Percent LMI (a + b + c) + f) 19. As accurately as possible please describe how outcome data indicates that the project objectives can be met. First, describe the outcome data or key elements the project is working towards (e.g. employment). FY03 Non-Housing Application 5 ppdcdbg/non-housing application with blanks doc 20. Please discuss how these outcome data will be met by the proposed project. 21. On the attached map please indicate the location of the proposed public facility or the site where public services or job training will be offered. Section 5 - Capacity\History of the Applicant 22. Prease list amount of CDBG and/or HOME funds received within the last three City fiscal years and the status of the project(s) undertaken. (City fiscal year July 1 to June 30) Amount Expended Fiscal Year Funds Recv'd Budgeted Amount (as of 12/31/02) FY01 (Jury 2000 - June 2001) FY02 (July 2001 - June 2002) FY03 (July 2002 - June 2003) 23. Is the appricant (including partners, co-applicants, etc.) currently in compliance with all federal, state and local laws, rules and regulations including any CDBG and/or HOME funded projects? Yes No __. if "No" or the matter is currently in litigation please give the name of the case and explain the basis of the case. 24. Please provide evidence of your organization's capacity and experience to undertake and complete the proposed project within the established timetable and budget. Due January 24, 2003 by 12:00 noon - No Exceptions Planning and Community Development 410 East Washington Street - (319) 356-5230 stephen-long@iowa-city, org steven-nasby@iowa-city, org tracy-hightshoe@iowa-city, org FY03 Non-Housing Application 6 ppdcdbg/non-hou$ing application with blanks doc DRAFT FY04 Housing Application Guidelines · Application packet may not be longer than a total of 13 pages (17 pages including 20-year Proforma using the provided excel format). · All materials must be typed - 10 point font or larger, · Rental housing projects must complete and submit the attached Proforma form. · Please have application form and supporting documentation copied single-sided. · Submit only one copy of the application package to the City of Iowa City. · Only one project proposal may be submitted on each application form. Please use separate application forms for each project proposal. · The application packet may also be found at www.icgov.org/grants.htm Due January 24, 2003 by 12:00 noon - No Exceptions CITY OF I0 WA CITY Planning and Community Development 410 East Washington Street (319) 356-5230 stephen-long@iowa-city, erg tracy-hightshoe@iowa-city, org stevenmasby@iowa-city, org City of Iowa City FY04 Funding Request for Housing Projects Project Name: Type of Project: General Information 1. Lead Applicant Name: Signature: Applicant Address: Contact Person: Title: Phone Number: Fax Number: E-mail Address: Federal Tax Identification Number: 2. Secondary Applicant (if applicable): Signature: Applicant Address: Contact Person: Title: Phone Number: Fax Number: E-mail Address: 3. Type of Applicant (check one): Community Housing Development Organization Private non-profit organization Private for-profit, individual or partnership applicant Public Organization 4. Amount of Funds Requested HOME: $ CDBG: $ Total Loan Requested: $. FY04 Housing Application 1 ppdcdbg/housing application with blanks doc 5. Provide a brief description of the proposed project (please limit response to space below). Section 1 - Need/Priority 6. Tell us why this project is needed (include information from market studies or other supporting documentation that identifies the need for this type of housing for Iowa City's need) and how it will fill a gap in the City's housing market. 7. Describe how the proposed project addresses the priorities, strategies and goals cited in the CITY STEPS Plan, the Maxfield Housing Market Analysis and/or "Assessing Iowa's Housing Needs" (August 2000) by Professor Heather McDonald. (Please specify the one most applicable priority need and priority need level, as shown on pages 91-97 in CITY STEPS) Priority Need Priority Need Level (High, Medium or Low) FY04 Housing Application 2 ppdcdbg/housing application with blanks doc Section 2 - Leveraging Resources 8. Indicate the applicable loan terms*: Rate: Years: Principal and interest (amortized loan) * See Applicant Guide. Loan terms are subject to negotiation or modification by the City Council. 9. In the space below, please provide the proposed sources and uses of funds for the project. include all funding requested for the proposed project to be completed (e.g., infrastructure improvements). Where possible please provide third party documentation for project costs. FY04 Housing App/ication 3 ppdcdbg/housing application with blanks.doc 10. a. Please complete the table below showing the types and amounts of funding being requested for the proposed project. Funding Source and Type of Funds: Amount of Funding Requested: Iowa City CDBG or HOME Funding (public) $ State of Iowa HOME or CDBG (public) $ Iowa Finance Authority (IFA)- non-LIHTCs (public) $ City of Iowa City - Tax Increment Financing (public) $ City of Iowa City - Tax Abatement er Exemption (public) $ IFA -- Low Income Housing Tax Credits (public) Other Public Resources (public) (please list): $ Applicant Contribution of Equity (private) $ Private Lender Financing (private) $ Private Foundation(s) (private) $ Volunteer Labor and/or In-kind Donations (private) $ Other Private Resources (private) (please list): $ Amount of Private Funds: $ (a) Amount of Public Funds $ (b) Total Project Funding $ (c) (a + b) Number of bedrooms (d) Number of publicly-assisted bedrooms (e) Persons assisted (# of bedrooms x 1.5) (f) Requested public subsidy per bedroom (g) b + d Total cost per bedroom (h) c + d Total Public Cost Per Person (i) b + f Total cost per person (./~ c + f FY04 Housing Application 4 ppdcdbg/housing application with blanks doc 10. b. If volunteers are used please describe how these volunteers are utilized for the proposed activity and estimate the amount of volunteer time and value dedicated to the identified tasks. Unskilled labor hours x $10 per hour = $ Skilled labor ( ) hours x $ per hour = $ Skilled labor ( ) hours x $ per hour = $ Skilled labor ( ) hours x $ per hour = $ Skilled labor ( ) hours x $ per hour = $ Total $ 11. Does the proposed project pay full property taxes? Yes No__ If full property taxes are not fully paid, does the proposed project make a Payment In Lieu Of Taxes? No__ Yes . If"yes", what is the percent of full taxes paid? % and amount paid $ 12. If partial funds are awarded, will the project/program continue? Yes No If yes, at what level? 13. Program regulations require a 25% match for HOME funding only. Describe how your organization or the proposed project will help the City of Iowa City meet this match requirement for local HOME funds. If the proposed project is requesting HOME funds from the State of lewa please describe how the project will meet this matching requirement without the use of City funds. If State HOME match is being waived or reduced please include a letter from the Iowa Department of Economic Development. Local HOME funds requested: $ x .25 = $ Local Match Local HOME funds requested: $ x .20 = $ State Match FY04 Housing Application 5 ppdcdbg/housing 8pplioation with ~la~ks doc Section 3 - Feasibility 14. Briefly outline the proposed timetable for the commitment and expenditure of the funding being requested (include other project factors such as rezoning, construction schedule, or application(s) for other funding). Please Note: If funded, this schedule will be used for any project agreement for the use of CDBG\HOME funding. Date Description of Activity July 1, 2003 Beginning of City Fiscal Year and Project Start Date 15. Briefly describe the project goals for providing or assisting in the preservation or expansion of affordable housing in Iowa City, and how the project will benefit the targeted income group (e.g. goal of providing rental housing to lower income persons without use of Section 8 rental assistance or level of subsidized rent compared to market rates). FY04 Housing Application 6 ppdcdbg/housing application with blanks doc 16. To help promote the efficient use of federal, state and local funding please describe how the project will maintain long-term (in excess of CDBG\HOME program requirements) or permanent affordability; and, show how the project will provide for affordable housing at rental rates lower than those in the existing rental market. 17. Are all funding sources needed to complete the project secured (subject to written verification)? If not, please describe below the time frames for other funding awards. Note to HCDC: Review attached Proforma as part of the Feasibility Section. FY04 Housing Application 7 ppdcdbg/housing application witi~ blanks.doc Section 4 - Impact/Benefit to the Community 18. In the space provided, describe in detail the type of project {new construction, acquisition, rehab, tenant based rent assistance or down payment assistance), total number of units and number of units assisted with public funds. 19. An objective of the City of Iowa City Comprehensive Plan is to promote a diversity of housing types and mix of all income levels. Please describe the target population this project is to serve, the current level of Iow-moderate income households in the Census Tract\Block Group and how the project will promote diversity within the neighborhood. 20. On the map provided, please show the location of the proposed project. 21. Also, please indicate the number of persons or households that will be served by the proposed project by income category. (Please Note: If this application is funded, the information in this table will be used as income targeting for the CDBG\HOME Agreement). Number between 0 - 30% median income households (a) Number between 31 - 50% median income households (b) Number between 51 - 80% median income households (c) Number between 80- 100% median income households (d) Number over 100% median income households (e) Total households (f) Percent LMI (a + b + c) + f) FY04 Housing Application 8 ppdcdbg/housing application with blanks doc 22. As accurately as possible please describe how outcome data indicates that the project objectives can be met. First, describe the outcome data or key elements the project is working towards (e.g. units to be rehabilitated). 23. Please discuss how these outcome data will be met by the proposed project. F¥04 Housing Application 9 ppdcdbg/hou$ing application w~th blanks.doc Section 5 - Capacity/History of the Applicant 24. Please list amount of CDBG and/or HOME funds received within the last three City fiscal years and the status of the project(s) undertaken. (City fiscal year July 1 to June 30) Amount Expended Fiscal Year Funds Recv'd Budgeted Amount (as of 12/31/02) FY01 (July 2000 - June 2001) $ $_ FY02 (July 2001 - June 2002) $ $~ FY03 (July 2002- June 2003) $ $_ 25. Is the applicant (including partners, co-applicants, etc.) currently in compliance with all federal, state and local laws, rules and regulations including any CDBG and/or HOME funded projects? Yes __ No . If "NO" or a matter is currently in litigation please give the name of the case and explain the basis for the case. 26. Please provide evidence of your organization's capacity and/or experience to undertake and complete the proposed project within the established timetable and budget. Due January 24, 2003 by 12:00 noon - No Exceptions CITY OF I0 W/I CITY Planning and Community Development 410 East Washington Street (319) 356-5230 stephen-long@iowa-city, org tracy-hightshoe@iowa-city, org steven-nasby@iowa-city, org FY04 Housing Application 10 ppdcdbg/housing application with blanks doc PROFORMA SPREAD SHEET Instructions for Completing This Attachment The FY04 Housing Application, as in the past, requires the developers o£rental housing projects to complete and submit a proforma for the project being proposed. The purpose of this proforma is to help the Housing and Community Development Commission (HCDC) and staffto make informed decisions on the allocation of local HOME Investment Partnership and~or Community Development Block Grant funding. For FY04 we are requiring all applicants to complete the attached proforma. This form will provide HCDC with the needed information in a format that is uniform among all applicants. The following are instructions for completing this form and some basic "rules of thumb" for your consideration. This form allows for up to 20 years o£ information. If you have any questions about the form or need technical assistance please call Steve Nasby or Steve Long at _;56- 5230. ***Fields shown in "grey" are for number entry when using the excel spreadsheet*** Revcnnes (After YR. 1 a rent escalator of 2% is calculated in the spreadsheet which is consistent with the Fair Market Rent (FMR) increases for Iowa City] Line 1 Gross Rent: Is the total amount of rent generated from the housing units, based on proposed rent levels (proposed rents may be less than FMRs but cannot exceed FMRs). Line 2 Other Income: Include laundry income, application or pet fees, and interest income. Line 3 Tenant Contributions: Include other payments such as rent for parking or storage space. Line 4 Gross Income: Is the sum of Lines I through 3. Line 5 Vacancy Loss: Line 1 multiplied by 5%. Line 6 Effective Gross Income: Line 4 minus Line 5. Ooeratine Expenses [An inflation escalator of 3% is calculated in the spreadsheet] Line 7 Operating Expenses: Estimated insurance expense (esthnate from an agent). Line 8 Operating Expenses: Repairs and Replacements ($230 - $390 per unit depending on building age). Line 9 Operating Expenses: Management Fee (usually 5 - 7% of Gross Rent). Line 10 Operating Expenses: Property Taxes (estimate may be obtained from the City Assessor's Office). Line 11 Operating Expenses: Miscellaneous Expenses (legal, accounting, advertising, water\sewer, etc.). Line 12 Operating Expenses: Reserves (generally no more than 2-3% of gross rent). Line 13 Total Operating Expenses: Is the sum of Lines 7 through 12. Net Operating Income Line 1~- Net Operating Income: Is Line 6 minus Line 13. Debt Service [list mortaage payments for principal and interest nnl¥] Line 15 Debt Service for Ist Mortgage. Line 16 Debt Service for 2nd Mortgage(s) (include the total payments for all junior mortgages on this line). Line 17 Total Debt Service: Is the sum of Lines 15 and 16 (should not be less than 87% of Line 14). Cash Flow Available for Distribution Line 18 Cash Flow: Equals Line 14 minus Line 17. Equity Investment Line 18B is the amount of funds being invested in the project by the project developer~sponsor. This does not include the equity raised tba'ough the sale of Low Income Housing Tax Credits as they are accounted for on Line 33. Cash on Cash Return on Investment ]shows return to developer or investors on their equity contribution before taxes or tax credits are included] Line 19 Cash on Cash ROI: Equals Line 18 divided by equity investment as shown on the application. PAGE 2 PROFORMA INSTRUCTIONS CONTINUED Determining Taxes Line 20 Cash Flow: Carry over the figure from Line 18. Line 21 Depreciation Expenses: Annual depreciation of property (27.5 year straight-line schedule). Line 22 Amortization of Fees: Annual amortization of project fees (15-year straight-line schedule). Line 23 Principal Payments: Calculate the amount of principal paid on all loans for each year. Line 24 Reserves: Carry over the figure from Line 12. Earnings (Loss} Before Taxes Line 25 Earnings Before Tax: Equals (Line 20 minus Lines 21 and 22) plus Lines 23 and 24. Taxes Line 26 Tax Rate: Use a 35% tax rate on for-profit organizations and non-profits use 0%. Line 27 Taxes Incurred (Saved): Equals Line 25 multiplied by Line 26. Cash Flow After-Tax Line 28 Cash Flow: Carry over figure from Line 20. Line 29 Taxes Incurred (Saved): Carry over figure from Line 27. Line 30 Cash Flow After-tax: Equals Line 28 minus Line 29. Total Benefit Analysis Line 31 Cash Flow After-tax: Carry over figure from Line 30. Line 32 Rehabilitation Tax Credits: Calculate full value ofrehab tax credits. Line 33 Low Income Housing Tax Credits: Calculate full value of LIHTC annually for each of the 1st l0 years. Line 34 Net Sale Proceeds: In year 20, calculate the estimated future market value of the property by taking the total cost of the project as presented in this application and compound it by 2% for each year. Place this amount on line 34. Line 35 Net Cash Flow After-tax: Equals the sum of Lines 31 through 34. Line 36 Return on Investment: Equals the Net Cash Flow After Tax divided by the Equity Investment. Proforma Spread Sheet ~ FY04 CDBG and HOME Rental Housing Projects Revenues 13 Total Operatin~ Expenses OPR~ ..... $ Net Operating Income =NOI Linde YR1 yR2 YR3 yR4 YR5 YR6 YR7 YRg YR9 YRI0 Determininq Taxes +RESERVES Cash Flow After Tax 29 T~ Incurred Cax Saved) - T~ (+SAV}' $ $ $ $ $ $ $ $ $ $ ~2 Rehabil,ation Tax Credit +RTC ::~¢::~i~ $ ; $ $ $ $ $ $ $ 33 LOW Income Housing T~ Credit +LIHTC ~5 Total Benefits After T~ (NCFA~ =NCFATx $ $ ~ YR11 YR'I2 ' YR13 YR14 YR15 YRI$ YR17 ~KR18 YR19 YR20 Line Description s~ $ Is I$_ $ $ $ $ - s ~- $ I Gross Rental Income ,~ $ - $ -~$ , , $ ~ $ s ,$ ~4 Gross Revenues I $ $ $ $ $ $ $ ' I $ $ $ 6 ' OperatinoEffectiVeEx=ensesGr°ss Income $ - $ ' $ $ $ $ I $ - $ - $ - I $ 13 Totar Operatin,q Expenses t$ - 14 Net OperatinEi Income $ - IS. - $ - Is - $ ~ $ - ~ - ~ - $ -. ~ $ $ $ $ s $ $ $ 17 Total Debt Service YRll _YR12 YR13 YR14 YR15 YR16 YR17 , YRI8 YR19 YR20 Line Description Determinin Tag~ $ ' $ ~-- ~ $ - $ - I $ - $ $ - ~ 20 Cash Flow ~ ........... ;....!.~. ............ .:,.....? ............ :.....l~ ................... ;..,., ~ ............. ;.....~. ............... :.......~..[ .................. ;...}.~ ............ : ..[,[ ................... [...~ ........... : ..... 22 Amo~ization of Fees 23 P~ments o~ ~ o~ o~ o~ o~ m~,~ o~ ~/~ ~/~ 26 xTax Rate (35% or 0%) $ - $ - $ - $ ~ - s - $ - $ - $ - $ 27 Tax Incurred (Saved) Cash Flew After Tax ~ ~ ~ ~ ~ ~ '$ ~$ - $ - $ ~ ~; ~ ~$ ~ s - 29' Taxlncurred(T~Saved) $ $ $ $ $ $ $ s $ $ 30 Cash Flow After T~ I I Lin~ Total Benefit Analysis S $ ~ $ ~~ $ $ $ : ~* - 31 Cash FlowAfferr~ $ $~ $ $ $ $ $ 32 Rehabilitation Tax Credit $ s ~ - s $ $ $ 33 Low Income Housing T~ Credit s $ $ $ $ $ $ ~?~ 34 Net Sale Proceeds $ $ $_ $ $ $ ~ ~ s 35 T~at Benefits A~er T~ (N~FA~ December 4,2002 DRAFT APPLICANT GUIDE TO THE CITY OF IOWA CITY CDBG AND HOME PROGRAMS This guide outlines requirements for individuals/organizations (applicants) applying for and receiving Community Development Block Grant (CDBG) and/or HOME Investment Partnership (HOME) program funds through the City of Iowa City. In FY04 the Housing and Community Development Commission (HCDC) is encouraging applications that address activities that have been identified as underserved (see Appendix A). The applications for FY04 funding (housing and non-housing) include a number of narratives, statistical and financial questions so please contact staff if you have questions or need technical assistance. Also, each application has a cover sheet that outlines several general guidelines. Financial Terms for CDBG\HOME Applicants The U.S. Department of Housing and Urban Development (HUD) is encouraging both grantees (cities, counties and states) and applicants (subrecipients such as yourselves) to maximize private investment. HUD has set a national goal of leveraging three private dollars for each public dollar invested in a project. Although this is not a program requirement we are asking you, as applicants, to leverage private funding, volunteers and in-kind contributions whenever possible and to include this information on your application. Both volunteers and in-kind donations are very important. These contributions are worth points in the ranking sheets and are included in HCDC's evaluation of your application. A revised section detailing the amount and value of volunteer labor is included in the FY04 application forms. Applicants can apply for grants and/or loans from the CDBG and HOME programs. All applications will be evaluated and ranked by HCDC. A copy of the ranking sheet has been included in this document. HCDC has recommended the following financial assistance format for CDBG and HOME applications. · Housing activities by a for-profit organization will be eligible for an amortized loan for the period of HOME affordability up to 30 years. The interest rate will be prime rate (as of January 1, 2003) minus two points. · Housing activities by a non-profit organization will be eligible for a 1% amortized loan for the period of HOME affordability up to 30 years. · Public Facilities activities undertaken by non-profit organizations will be eligible for a Conditional Occupancy Loan (no interest or repayments for as long as the applicant operates the facility for the use specified in the CDBG Agreement). Upon termination of the Agreement or change in use, 100% of the original CDBG award will be repaid. · Public Service activities will be funded as grants. CDBG\HOME Funding Process The following is a proposed timeline for the FY04 CDBG\HOME funding process. This process is slightly changed from prior years; however, the basics remain the same. 1. Applications Due 12 noon -- January 24, 2003 2. HCDC Meeting - Question~Answer with Applicants February 20, 2003 (Feb. 19, if needed) 3. HCDC Meeting - Review Grouping and Consensus March 13, 2003 4. HCDC Meeting - Funding Recommendations March 20, 2003 Introduction to .643plicant Guide Part I of this guide describes the amount of funding available for allocation in FY04. Part II clarifies requirements for those considering applying for funds. Part III specifies provisions contained in the Agreement between the City of Iowa City and the Applicant. 2 PART I. FEDERAL FUNDING EXPECTED TO BE AVAILABLE FOR FY04 In FY04 the City of Iowa City will receive approximately $1,499,000 in federal funds from the U.S. Department of Housing and Urban Development (HUD). Of this figure, Community Development Block Grant (CDBG) funds account for about $826,000. The CDBG program may be used to fund a wide range of activities from housing projects to the provision of human services. The HOME Investment Partnership program accounts for about $673,000. The focus of the HOME program is for affordable housing activities homeownership opportunities, rehabilitation, or new construction for rental or owner-occupied units and tenant based rent assistance). The City of Iowa City has adopted the 2001-2006 Consolidated Plan (a.k.a. CITY STEPS), as the overall guide for allocating CDBG and HOME funds. CITY STEPS has five-year priorities, strategies and goals designed to address the needs of Iow-income persons for housing, jobs and services in Iowa City. Priorities outlined in CITY STEPS are attached or they may be found on pages 91-92 and 98-99. Since this is the fourth year of the 2001-2006 CITY STEPS Plan, the HCDC will also be considering whether or not the needs outlined in CITY STEPS have been addressed in previous year(s) and if additional funding or programs are needed to adequately meet an identified need or priority. The table in Appendix A show the allocation of funds for the last two fiscal years. As always, the City Council will also be reviewing the FY04 CDBG and HOME program budget and holding a public hearing prior to the FY04 Annual Action Plan being submitted to HUD. CITY STEPS contains a one-year action plan that is submitted annually to show the current year's allocation of funds. Because CITY STEPS is a multi-year plan it is important to structure each annual action plan so that the overall strategies and goals are being met. These goals, and the City's efforts to meet these goals, will be the method HUD will use to measure the City's performance and compliance with the CITY STEPS Plan. In order to direct CDBG and HOME funds to activities meeting these multi-year goals, funds will be allocated to six categories. The categories and the approximate amount of funds available in each are as follows: Housing Activities $749,500 Public Services $123,900 Economic Development Activities $135,000 Public Facilities and Infrastructure $253,300 Program Administration and Planning $237,300 TOTAL $1,499,000 A requirement of the HOME program states that not less than 15% of the HOME allocation be reserved for Community Housing Development Organizations (CHDOs). In FY04 this set-aside is to be a minimum of $100,950. This amount is contained in the Housing Activities category as shown above. Please note that the dollar amounts assigned to each category are somewhat flexible. Also, it is the City Council's policy to allocate $105,000 of the Public Services funds to annual operating expenses of Human Service Agencies, as part of the City's Aid to Agencies budget. This leaves only approximately $18,900 for distribution to other public service activities. In addition, there are set-asides for the Iowa City Housing Rehabilitation program of $200,000 and $135,000 for the Council's CDBG Economic Development Fund. When the Housing Rehabilitation Program set-aside is subtracted from the Housing Activities category there is approximately $549,500 left for distribution to housing applications including CHDOs. 3 PART I1. APPLICATION REQUIREMENTS AND CONSIDERATIONS Ap¢cants for these federal funds should evaluate the following HUD guidelines as well as City policies contained in CITY STEPS when considering the types of proposals, funding estimates, and time schedules for achieving their program\project goals. National Objective ALL Proposals must address a Low-Moderate Income Benefit a. CDBG Funds The National Objective of the CDBG Program is the "development of viable urban communities by providing decent housing and suitable living environments, and expanding economic opportunities, principally for persons of Iow and moderate income." At least 51% of the program beneficiaries (persons or households) must have incomes at or below 80% of the local median income category. (Where assistance is provided directly to individual households (e.g. housing rehab), all of the households must have incomes below 80% of the median household income). b. HOME Funds The national objective of the HOME program is the provision of safe and decent affordable housing. All activities undertaken with HOME funds must benefit persons or households below 80% of median family income. An additional income restriction is added for rental housing projects funded by HOME. For these rental projects, 90% of the HOME assisted units must be targeted to persons and/or households below 60% of the median family income. Following are the median income limits established for Iowa City effective January 31, 2002. Persons per household 30% 60% 80% 1 )erson $13,600 $27,200 $36,300 2 ~ersons $15,550 $31,100 $41,450 3 )ersons $17,500 $35,000 $46,650 4 )ersons $19 450 $38,900 $51,850 5 ~ersons $21 000 $42,000 $56,000 6 )ersons $22 550 $45,100 $60,150 7 )ersons $24 100 $48,200 $64,300 8 )ersons $25 650 $51,300 $68,450 The CDBG statute pertaining to the Iow-moderate income national objective specifies criteria for determining Iow- and moderate-income benefit. 1. The activity must be carried out in an area or neighborhood consisting predominantly of Iow- moderate income persons, or the activity must involve facilities or services designed for use predomi- nantly by Iow-moderate income persons. Demographic information is available at the Planning Department. In some instances, applicants may need to conduct a survey of the potential beneficiaries to determine income eligibility. 2. Housing that is being improved, as part of a project must be occupied predominantly by Iow- moderate income persons. 4 3. Job creation or retention as an activity must involve employment of predominantly Iow and moderate- income persons. ELIGIBLE ACTIVITIES a. Activities that can be carried out with CDBG funds include, but are not limited to, the following: · Acquiring real properly, demolishing structures and clearing property, and relocation assistance for residents of properly being demolished. · Rehabilitation or preservation of residential and nonresidential structures, including weatherization, painting, accessibility improvements, emergency repairs and comprehensive rehabilitation. · Construction of public facilities and improvements, such as water and sewer facilities, infrastructure repairs and installation of curb ramps, construction of neighborhood centers and installation of accessible playground equipment. The provision of public services within the limit of 15% of the community's CDBG allocation, including education, training, employment, health, drug abuse, fair housing, crime prevention, child care, recreation, and energy conservation programs. The City of Iowa City currently allocates $105,000 to the Human Services agencies in conjunction with its "Aid to Agencies" budget. b. Activities that can be carried out with HOME funds include the following: · Acquisition of real property (including Home Ownership Assistance), payment of "soft" costs associated with a project, demolition and clearing property, site and infrastructure improvements, and relocation assistance for persons being displaced by a HOME activity. · Rehabilitation or preservation of residential structures (comprehensive rehabilitation only). · Tenant Based Rental Assistance (TBRA) for a period of up to 24 months. · New construction of affordable housing units (rental or owner-occupied). · Operational expenses and Capacity Building for Community Housing Development Organizations (CHDOs) within the limit of 5% of Iowa City's HOME allocation. INELIGIBLE ACTIVITIES The following types of activities that are ineligible include, but are not limited to, the following: · Buildings for general conduct of government and expenses required to conduct the regular responsibilities of local government, e.g. street maintenance, public buildings for government. · Political, religious and lobbying activities, income payments, such as rent assistance and mort- gage payments. · CDBG ONLY: New housing construction, except for residential facilities providing shelter for persons with special needs (homeless shelters, convalescent homes, halfway houses, and group homes). · Purchase of construction equipment, office equipment, fixtures, motor vehicles, furnishings or other personal property not an integral structural fixture such as computers, typewriters and other office equipment. 5 (Please see City staff if you have questions on specific activities) PERFORMANCE SCHEDULE AND PA YMENT Performance schedules will be outlined with the qoal of completinq the proiect within the City's fiscal year (July 1-June 30). After the contract has been formalized, disbursements can be made upon receipt of 1) invoices for labor, materials and services rendered, and 2) signed lien waivers (as appropriate) covering all amounts to be paid. In some instances, pre-agreement costs may be reimbursed to applicants; however, Community and Economic Development staff must be contacted prior to making any pre- agreement disbursements. In case of minor cost overruns or requests for additional funding the City Manager and staff may approve a contract amendment that is non-substantiaL In the case of substantial changes (as defined in the 2001-2006 Consolidated Plan a.k.a. CITY STEPS) the Housing and Community Development Commission and City Council must approve the change and an amended agreement is required. BUDGET CONSlDERATIONS In estimating the amount of the proposal or the project budget, applicants should try to obtain documentation for the costs and consider the following expenses: · Appraisals, legal fees, title opinions and surveying costs for property acquisition projects. · Building permits, engineering or surveying costs, zoning application fees, professional fees, advertising and bidding costs for rehabilitation and building projects. Other project costs such as compliance with HUD regulations (audits, labor standards, fair housing, etc.) which are listed in Part III of this guide should also be included. Applicants should become familiar with that section of the Guide prior to submitting an application. NOTE: Rental housing projects, regardless of funding sources, will be required to complete and submit the proforma attached to the FY04 application form. HOME PROJECTS ONLY: HOME funds are required to be matched at the rate of one match doJlar for each four HOME dollars or 25% of the HOME funds being requested. The City has made a commitment to match local HOME dollars, however, we also expect applicants for local HOME funds to contribute to meeting this matching contribution {see HOME regulations for eligibJe forms of match), Applicants requesting State HOME funds must describe how the project will meet this additional match requirement without the use of City funds or resources. If the State's portion of the match requirement is being waived or is lower than the required 25%, a letter from the Iowa Department of Economic Development must be obtained by the applicant at the time of this application for Focal HOME funds. ** Applicants may wish to meet with staff before filling out the application to discuss the project budget, potential costs and the estimates for project expenses. PART III, COMPLIANCE WITH FEDERAL REGULATORY REQUIREMENTS All CDBG\HOME contracts include requirements imposed by various Federal-sponsoring agencies. These 6 include procurement standards for labor, materials, supplies and services not only related to the project but also to the applicant's operation. 1. Procurement standards and subcontracting requirements are set forth in OMB Circular A-110. This circular is provided to the applicant at the time of signing the Agreement with the City. However, the following list briefly describes the main points in contracting for services and purchasing supplies and materials, 2. Affirmative efforts shall be made to utilize small and minority-owned businesses or sources of supplies and services. Conflict of Interest rules will also apply. 3. Construction contracts in excess of $2,000 shall comply with the Fair Labor Standards Acts. Specifically, 1) The Davis-Bacon Act which requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor, 2) Copeland Anti-Kick Elack Act which prohibits employers from inducing employees to give up any part of the compensation to which they are otherwise entitled, and 3) The Contract Work Hours and Safety Standards Act which requires contractors to compute wages on the basis of a standard work week of 40 hours. Work in excess of the standard workweek shall be permissible if the worker is compensated at a rate of 1¼ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. No worker shall be required to work in unsanitary, dangerous or hazardous surroundings. 4. Contracts over $10,000 shall contain requirements relating to Equal Employment Opportunity. 5. Provisions for termination shall also be included in all contracts. 6. Records should be kept for all procurements. Contracts/procurements for more $25,000 shall include the basis for selection, justification for lack of competitive bids when necessary, and basis for award, cost or price. 7. Contracts in excess of $25,000 shall contain provisions and conditions that allow for administrative, contractual or legal remedies in instances in which contractors violate or breach contract terms. 8. Contracts in excess of $100,000 shall meet bonding and Section 3 requirements. 9. Provisions regarding federal regulations on Non-discrimination, Equal Employment, Affirmative Marketing and Fair Housing. 10. Acquisition, Displacement and Relocation are also contained in the Agreement. 11. Lead based Paint regulations regarding interim controls and abatement may also apply. PARTIV. FINANCIAL MANAGEMENT Standards for financial management and record keeping are provided in OMB Cimulars A-110 and A-122. Local accountants and agency directors experienced with federal requirements may be helpful resources. · A separate ledger for the CDBG and/or HOME account is strongly recommended. · Appropriate time distribution records must be kept for employees paid with CDBG funds in addition to other funds. 7 · All project-related expenditures must be supported by third party documentation (invoices, contracts, and purchase orders). Lien waivers are required from all contractors and subcontractors. · To ensure the leveraging of public funds, disbursements made to projects will be based on the total cost or the activities or item(s) being funded through CDBG and/or HOME. For example, if a project is 25% funded with CDBG and/or HOME funds and 75% with other funds the payment of a $1,000 invoice should be $250 from CDBG and/or HOME and $750 other funds. · Reductions in project costs or increases in the commitment of other funding, if any, shall be brought to the immediate attention of staff. The impacts of these changes must be discussed with staff and appropriate reductions in CDBG and/or HOME funds may be made on a pro-rated, case-by-case basis. PART V. REPORTING AND MONITORING Community and Economic Development staff will monitor all aspects of the project beginning with pre- agreement activities, goal setting to project closeout. Any project changes must be approved by the City. All notices and reports should be directed to: Community and Economic Development Division 410 East Washington Street Iowa City, iowa 52240. Periodically, Community and Economic Development staff and HCDC members will conduct monitoring visits to review project progress, financial management, construction contracts, time records related to the project as well as client statistics. Staff will attempt to give reasonable notice prior to the site visit. In most cases, a financial audit of the project expenditures will be required. Qualified individuals who are sufficiently independent of the agency and can produce unbiased opinions and conclusions should conduct these audits. Audit reports should be submitted within six months of project completion and final disbursement of funds. For organizations that expect to receive more than $300,000 in federal assistance from all sources are required to have an audit covering the financial activities of the organization as well as the project disbursements will be required as set forth in OMB Circular A-133. All records relating to the project should be kept for at least five (5) years following the completion of the projecVactivity or five years past the end of any compliance period stated within the CDBG Agreement. For HOME projects this means keeping records for five (5) years past the end of the affordability period as noted in the HOME Agreement between the recipient and the City of Iowa City. The City of Iowa City requires quarterly reports and has a standardized reporting form. This reporting requirement will be within the agreement. The compliance period will vary depending upon the regulatory requirements of the CDBG and/or HOME program and the information contained within the CDBG\HOME application. During the compliance period, Community and Economic Development staff will annually request records relating to the stated purpose of the project to see if goals have been carried out, to review the Iow and moderate income benefit requirements as established by HUD, and to monitor the financial status of the organization. 8 HUD Table IV.1 LISTING OF PRIORITY NEEDS Priority Need Level 1990 1990 ESTIMATED PRIORITY HOUSING NEEDS High, Medium, Low, ESTIMATED DOLLARS (households) No Such Need UNITS NEEDED TO ADDRESS 0-30% 31-50% 51 - 80% Cost Burden > H H M 1,088 20,200,000 Renter Small 30% Cost Burden > H H M 507 9,400,000 5O% Physical Defects L L L 185 1,850,000 Overcrowded** H M L 69 4,140,000 Cost Burden > H H M 112 2,080,000 Large 30% Cost Burden > H H M 9 170,000 50% Physical Defects L L L 35 350,000 Overcrowded** H M L 7 420,000 Cost Burden > M M M 304 5,650,000 Elderly 30% Cost Burden > M M M 121 2,250,000 5O% Physical Defects L L L 10 100,000 Overcrowded** M M L 19 1,140,000 Cost Burden > H M M 955 8,600,000 Owner 30% Cost Burden > H M M 263 4,730,000 50% Physical Defects H H M 2337 23,370,000 Overcrowded** L L L 75 1,400,000 ** NOTE: New Construction of multi-family units 9 Priority Need Level ESTIMATED PRIORITY HOMELESS NEEDS High, Medium, Low, No Such Need DOLLARS NEEDED TO ADDRESS Outreach Assessment Families Individuals w/Special Needs 600,000 M M M Emergency Sherters Families Individuals w/Special Needs 1,250,000 H H M Transitional Shelters Families Individuals w/Special Needs 3,250,000 H H H Permanent Supportive Housing Families Individuals w/Special Needs 1,250,000 N N H Permanent Housing Families Individuals w/Special Needs 6,510,000 H H N Information on this table is based upon statistics from the 1990 U.S. Census Table IV.2 CITY OF IOWA CITY FY2001-FY2006 ESTIMATED FEDERAL ASSISTANCE (CDBG AND HOME FUNDING) Tenant Based Rental Assistance 50 Households Assisted $ 180,000 Rental Housing - New Construction 125 Units $1,500,000 Rental Housing - Acq./Rehabilitation 50 Units $ 750,000 HomebuyerAssistance 55 HousehoJds $ 165,000 Owner-Occupied Housing Rehab 300 Units $1,620,000 Homeless Shelters --- $ 335,000 Public Facilities --- $1,200,000 Public Services -- $ 725,000 Economic Development* ~-- $ 375,000* Other Activities --- $ 250,000 Administration and Planning CDBG and HOME $1,000,000 TOTAL EXPENDITURES (est.) $8,100,000 *Council Resolution 01-367 increased funding for Economic Development for FY03-05. 10 IV E. NON-HOUSING COMMUNITY DEVELOPMENT PLAN TABLE IV. 3 Non-Housing Community Development Priorities PRIORITY COMMUNITY DEVELOPMENT Priority Need Level ESTIMATED 1999 NEEDS High, Medium, Low, DOLLARS NEEDED No Such Need TO ADDRESS PUBLIC FACILITY NEEDS Senior Centers L $1,000,000 Youth Centers H $1,200,000 Neighborhood Facilities M $1,200,000 Child Care Centers H $1,500,000 Trails, Art, Parks, Recreational Facilities L $6,878,151 Health Facilities L $100,000 Parking Facilities N $14,48,000 Other Public Facilities, Airport, Civic Center L $9,317,696 INFRASTRUCTURE IMPROVEMENTS Solid Waste Disposal Improvements L $4,520,000 Flood Drain Improvements L $6,954,000 Water Improvements L $49,064,000 Street Improvements L $27,621,000 Sidewalk Improvements L $2,934,000 Sewer Improvements L $33,360,000 Asbestos Removal L unknown Other Infrastructure Improvements Needs L $354,000 Cemetery PUBLIC SERVICE NEEDS Senior Services M $3,566,730 Handicapped Services M $5,601,580 Youth Services H $28,094,930 Transportation Services H unknown Substance Abuse Services H $16,695,185 Employment Training H $46,840,970 Crime Awareness L $2,943,655 Fair Housing Activities M $790,000 Tenant/Landlord Counseling H $1,824,965 Child Care Services H $16,439,480 Health Services H $50,301,205 11 PRIORITY COMMUNITY DEVELOPMENT Priority Need Level ESTIMATED 1999 NEEDS High, Medium, Low, DOLLARS NEEDED No Such Need TO ADDRESS Other Public Service Needs H $20,979,605 ACCESSIBILITY NEEDS Accessibility Needs H $5,000,000 HISTORIC PRESERVATION NEEDS Residential Historic Preservation Needs L $7,000,000 Non-Residential Historic Preservation L $7,500,000 Needs ECONOMIC DEVELOPMENT NEEDS Commercial-Industrial Rehabilitation L $2,200,000 Commercia~-Ind ustrial Infrastructure L $5,250,000 Other Commercial Industrial Improvements L unknown Micro-Businesses H $500,000 Other-Businesses M unknown Technical Assistance H $150,000 Other Economic Development Needs H $6,802,000 (i.e. Downtown/Streetscape) OTHER COMMUNITY DEVELOPMENT Energy Efficiency Improvements M unknown Lead-Based Paint Hazards M $32,400,000 2160 units x 15,000/per Code Enforcement U $3,408000 PLANNING Planning M $450,000 12 RANKING CRITERIA FOR CDBG\HOME PROJECTS This ranking sheet will be used as a guide to assist the Housing and Community Development Commission (HCDC) in the FY04 allocation process. HCDC members will rank each project according to the questions\criteria shown below. Each question or criteria will then be assigned a point value. The five categories below are given a total number of points and have been weighted according to their importance. Mark the number of point(s) for each question[criteria and total the points in each section. I. Need\Priority (maximum 20 total Doints~ 1. Meets a CITY STEPS priority? (High=10, Medium=6, Low=3 points) __ 2. Has the applicant documented a need for this project? (0-5 points) __ 3. Project meets the goals or objectives in CITY STEPS? (0-5 points) __ SUB-TOTAL I1. Levereqincj Resource~ ~maximum 25 oointsl 1. Does the project allow for the re-use of CDBG\HOME funds? (0-7 points) __ A. Housing and ED Projects -- Principal & interest [30 year or less Amortization] max. 7 points B. Public Facility Projects -- Conditional Occupancy Loan (future repayment) 1 point C. Public Service Projects -- Grant (no repayment) 0 points 2. Project leverages human resources [volunteers, etc.] (0-8 points) __ 3. Project pays property taxes or a payment in lieu of taxes (0-2 points) __ 4. Project leverages private financial resources? [Including in-kind] (0-8 points) __ 0 to 25% Private Funds (0-2 points) 26 to 50% Private Funds (3-4 points) 51% to 75% Private Funds (5-6points) 76% to 100% Private Funds (7-8 points) SUB-TOTAL Ill. Feasibility (maximum 20 points) 1. The project will be completed within the required time period? (0-6 points) __ 2. Project budget is justified? [Costs are documented\reasonable] (0-6 points) 3. The level of public subsidy is needed? [Private funds not available?] (0-4 points) 4. Has applicant documented efforts to secure other funding? (0-4 points) SUB-TOTAL IV. Impact\Benefit (maximum 25 points) 1. Primarily targets Iow-income persons (0-30%=10, 31-50%=6, 51-80%=4 points) 2. Project produces adequate benefits to the community related to cost? (0-5 points) 3. Does the project help persons gain self-sufficiency? (0-5 points) 4. Outcome data indicates program objectives can be met? (0-5 points) SUB-TOTAL V. Caoacitv\Historv ~maximum 10 Points) 1. Applicant has the capacity to undertake the proposed project? (0-4 points) 2. If previously funded, has applicant completed prior project(s) and maintained regulatory compliance? (0-6 points) 3. If new, applicant can maintain regulatory compliance? (0-6 points) SUB-TOTAL GRAND TOTAL: PROJECTNAME: PROPOSED ALLOCATION: $. (Projects under 60 points receive $0) Appendix A Activity CITY STEPS 3-YearActual Percent Description Percent Goal Allocations Completed Amount Over or (Under) CITY STEPS Goals** Tenant Based Rent 2.2% $129,513 $ 0 0% ($'129,513) Assistance New Construction - 18.5% $1,089,083 $1,774,667 163% $685,584 Rental Housing Acquisition\Rehab - 9.3% $547,485 $474,850 87% ($72,635) Rental Housing Homeownership 2.0% $119,919 $222,531 185% $102,612 Ass stance Owner-Occupied 19.0% $1,118,471 $591,623 62% ($426,848) Housing Rehab Homeless Shelters - 4.1% $243,473 $7,835 3% ($235,638) Facilities Public Facilities 14.8% $872,139 $1,059,842 122% $187,703 Public Services 9.0% $526,917 $460,775* 87% ($66,142) Economic 8.7% $507,246 $282,900 56% ($224,346) Development Other Activities .1% $5,995 $5,000 83% ($995) Administration 12.3% $726,782 $717,600 99% ($9,182) TOTAL 100% $5,887,023 $5,597,623 97% ($189,400) * Public Service allocations are determined by CDBG statute and the receipt of program income. We typically allocate the maximum amount for this activity in each year. ** Underserved CITY STEPS activities shown in BOLD. IP10 IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 3546-5045 November 25, 2002 Honorable Mayor Ernie Lehman Iowa City Civic Center 410 East Washington Iowa City, Iowa 52240 Dear Mayor Lehman: We are writing today to the Iowa City Council on a matter of mutual interest and importance. At our last joint meeting, we received favorable support for the development of a strategic business plan. We were asked for a time schedule as to when it would be completed and it was our goal to have a draft of the plan ready by February 2003. To this end, the Iowa City Airport Commission is requesting additional current fiscal year funding to retain a consultant to develop, with other community members, our strategic plan. The Airport Commission, Airport Management and the Fixed Base Operator are committed to providing Iowa City with a prudently operated and fiscally viable airport on behalf of the citizens of Iowa City. Over the last few months the Airport Commission, in partnership with the Iowa City Council have made considerable progress in improving the day to day management and operations of the Airport. In the last five years, investments such as $ 5.1 million in FAA grants for land acquisition and relocation to protect the runway safety areas, $1.3 million for the infrastructure for the Aviation Commerce Park, renovation of the Terminal Building and replacing the 60 year old underground fuel tanks have added significant value to what has been described as Iowa City's Aviation Front Door. As noted, this type of investment, as well as current expenditures, demonstrate to the citizens of Iowa City our combined commitment to the Airport. It is clear that both the Iowa City Council and the Airport Commission recognize that the Iowa City Airport is a regional asset; available to serve the resource needs of general aviation, public safety, and homeland security. Recognizing the Iowa City Airpod's role in our region has moved both the City Council to request, and the Airport Commission to pursue the creation and adoption of a strategic master/business plan. To deliver on our commitment to the City Council, we have established within the Airport Commission, a sub-committee to develop a set of objectives that we seek to address via a strategic plan. We have appointed Airport Commissioners Michelle Robnett and Baron Thrower to the Strategic Planning Sub-Committee and have tasked them each to focus on four key elements of the Airport's role in eastern Iowa; 1. Assess current Airport capabilities in the areas of general aviation, public safety and homeland security; 2. Assess the current level of integrated planning/service delivery between local, state and federal agencies; 3. Assess the current regional role in economic development; 4. Determine the process, scope and direction towards improving the airport's overall economic value to the citizens of Iowa City. Their initial assessment of our current processes, our role in the region and airport capabilities have confirmed our belief that we need to retain the services of a professional strategic planning consultant to assist and expedite our effort. The Sub-committee, upon the completion of a market scan of potential general aviation subject matter experts, has generated an excellent recommendation. The sub-committee has submitted to me for review and approval a "statement of work" and cost quotation to provide the necessary strategic planning services. You will find attached to this letter a proposal from Airport Business Solutions, Inc., the firm in which we seek funding authorization to engage and assist in our strategic planning initiative. The Airport Commission is requesting the Iowa City Council to approve a current fiscal year budget amendment, specifically to accommodate the $15,000 base fee, plus another 20% to cover any authorized travel, meals, administrative fees, etc,, associated with this engagement. An effectively operated airport that is a part of a regional plan for services to our community is a shared goal of both the Iowa City Council and Iowa City Airport Commission. Together we will bring this effort to an appropriate outcome. Iowa City Airport Commission Cc: City Council Airport Commission Steve Atkins, City Manager Ron O'Neil, Airport Manager Sue Dulek, Assistant City Attorney AirportBusinessSolutions "Valuation and Consulting Services to the Aviation Industry" OCT ~ 8 2§~2 365 Arroyo Drive · Roswell, Geo~ia 30075-1258 Phone; (678) 461-4300. Fax: (678) 461-4301 UU~U U ~ October 23, 2002 Mr. Ron O'neil Airport Manager Iowa City Airport 1801 S. Riverside Drive Iowa City, Iowa 52246 RE: Proposal for Airport Strategic Business Plan Iowa City Municipal Airport Dear Mr. Oneil: Pursuant to my conversations with Commissioner Ellis, ,lirport Business Solutions (.tBS) is pleased to submit the following proposal for the development and delivery of a comprehensive Akport Strategic Business Plan for the Iowa City Municipal Airport. It is our belief that ,lBS is the most qualified and experienced firm to perform this task for the City, based pr'unarily upon having recently completed several successful Business Plans for airports, to include Montgomery Field and Brown Field for the City of San Diego, California. Moreover, within the last year we also completed a detailed bus'mess management plan for 31 airports owned and managed by the State of Oregon. In addition to the foregoing, ,lBS has also completed marketing plans, financial analyses, rates and charges studies, and financial self-sufficiency analyses for numerous an'ports and aviation businesses around the country. In addition to our headquarters office in Atlanta, ,lBS has offices in Ft. Myers, Boston, and Denver, which will take the lead on this project. The StaffofABS has over 100 years of combined expertise in airport management, operations, business plans, lease development, minimum standards, market studies, real estate valuation, facility development, environmental studies, and fixed base operation management. We look forward to working with you on this important project. If you have any questions, please do not hesitate to contact me at 303-627-4776 Respectfully submitted, Randy D. Bisgard Senior Vice President Satellite Fort Myers Denver Boston Offices: 17040 Pleasure Road 15231 E. Radcliff Drive 8A Porter Road Cape Coral, Florida 33909 Aurora, Colorado 80015 Boxford, MA 01021 (941) 573-9647 (303) 627-4776 (978) 352-5086 "Solutions as Unique as the Problems..." Proposal for Strategic Business Plan Page 2 of I0 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 Proposed Scope of Work Strategic Business Plan Development Iowa City Municipal Airport lowa City, Iowa [ 1. Project Overview l I I As directed by Iowa City Municipal Airport, Airport Business Solutions (ABS) will prepare a comprehensive strategic business plan encompassing prospective developmental and financial details for the Iowa City MunlcipalAirport (Airport). The final plan will address the historical and future aspects of the Airport operation in a detailed and comprehensive document report. Research In the course of the development of the Strategic Business Plan, ABS will meet with various individuals and entities, as appropriate and necessary including; County administrative staff, an-port management and administrative personnel, economic development groups, pertinent airport tenants, and local community/business representatives. These meetings are an essential part of our base research, as it has been our experience that as the level of local input increases, the final plan's acceptance and ability to be effectively implemented also increases. A critical component of our research will include discussions with, and input from, national aviation support organizations to include, but not be limited to: National Association of State Aviation Officials (NASAO), National Air Transportation Association (NATA), National Business Aviation Association (NBAA), Aircraft Owners and Pilots Association (AOPA), General Aviation Manufacturers Association (GAMA), and the American Association of Airport Executives (AAAE). These organizations enhance our research with information they monitor within the industry from their memberships. Proposal for Strategic Business Plan Page 3 of 10 Iowa City Municipal Au'port - Iowa City, Iowa October 23, 2002 In addition to the foregoing, information to be reviewed would include, but not be limited to, the following. Historical Based and Itinerant Aircraft Information Historical Fuel Sales Detail 5 to 10 Years of Flight Operations Reports Facility Inventory Property Inventory Airport Equipment Airport Assets Property Leasing Trends Comparison to Regional and National Statistics Review of Airport Operational History Evaluation of the Current Rent Structure Analysis of all Existing Leases Ten-Year Economic Analysis (Revenues and Expenses) Examination of Current Master Plan Statistical Analysis Relative to a statistical analysis pertinent to the Plan's development, ABS will provide the Airport with reasonable activity projections based upon a review of the aforementioned data. This will include research on national, local, and statewide aeronautical trends, and an analysis to determine effective ways to interest aircraft owners in relocating to or using the Airport. Such projections will be essential to the development of future operational and potential revenue projections, and will include a review of: _Airport Solutions Proposal for Strategic Business Plan Page 4 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 4- General Aviation Flight Activity New Pilot License Issued 9- Aircraft Registrations 9- Local Demographics 9- Financial Modeling O- Community Profiling 9- Industrial Development Trends and Activities Plan Goa~ ABSwill determine the most advantageous and practical set of goals within the Strategic Business Plan. The pr'u-nary goals will provide a foundation from which the Airport can successfully move forward and may include personneltmining, establishing staffing requirements, temporary staffing, utilization o fother community agencies, mailings, identification of low or no-cost marketing opportunities, community awareness programs, and the use of volunteers, students, and airport interns. Goals will be designed to accomplish both immediate and long-term priorities. Financial Services In~astructure Federal Grants Training Community Involvement Increased Flight Activity Commercial Development Economic Development Solutions Proposal for Strategic Business Plan Page 5 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 Implementation Plan In the development of this Airport Strategic Business Plan, it is imperative that it contain clearly identifiable milestones, as well as options and/or alternative activities. As such, ABS will prepare a well-defined implementation plan as an integral part of the five-year plan. In addition, we will assist in focusing on reasonable and achievable development ideas and strategies. As part of the implementation strategy, ABS will demonstrate the importance of continued interaction with industry organizations in the implementation phase of the plan and for the continued success of the airport. Issues may include: Implementation Schedule Milestones/Benchmarks Flexibility Scheduled Review Workshops Community Involvement Options/Alternatives Commercial Development Economic Development ..~.~_Airport ~"=- Business - Solutions Proposal for Strategic Business Plan Page 6 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 2. Outline of Required Task Elements I Pursuant to the directives established by Iowa City Municipal Airport, ABS has identified the planned approach for each of the required elements of the Airport Strategic Business Plan. I. Best Practices for Management of the Airport As an essential part of our analysis, ABS wilt conduct on-site interviews and surveys to determine the strengths and weaknesses of existing Airport operations. Identification of an Airport's strengths and weaknesses provides the impetus to develop realistic best practice options, as well as to assess potential growth opportunities. In other words, you must understand an airport's strengths and weaknesses in order to develop appropriate techniques to maximize the strengths and minimize the weaknesses. In addition, ABS will review the capital improvement plan for the Airport, to include but not be limited to: 4- Policy Documents 4- Leases and/or Operating/Use Agreements 4- Capital Improvement Plans 4- Operating Procedures 4- Lessons Learned 4- Staffing History 4- Operational Activity Trends 4- 5 to 10 Year Budget Analysis 4- Legal Issues 4- Staff Proposal for Strategic Business Plan Page 7 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 ABS will review any and all existing documents currently utilized by the Airport, and identify areas of concern. Subsequently, we will offer recommendations relative to those steps which should be taken to improve management documents and best practices. In addition, ABS will identify the various types of management documents that may need to be developed or updated for efficient Airport operations. Documents may include property leases, hangar leases, tie-down contracts/agreements, Minimum Standards, Leasing Policy, Rates and Charges Policy, Rules and Regulations, etc. ABS will also provide assistance in developing or updating selected operating documents. In addition, our analysis will help to identify any deficiencies in the following areas. "}- Leasing Policy ~ Standard Lease Language ~ Rates and Charges Policy ~ Minimum Standards q~ Rules and Regulations '}' Communications Policy '-)- Media Response Policy '-)- Request for Proposal Language IL Financial Analysis Upon completion of the Market Analysis, ABS will provide a matrix o f financial projections for a five- year planning period. These projections will assist in assessing prospective financial growth opportunities, as well as providing appropriate benchmarks to measure actual performance against projected financial milestones. These projections will contain important assumptions, key financial indicators, a break-even analysis, projected profit and loss, cost recovery detail, cost/benefit analysis and projected annual cash flows. These projections will further assist in the preparation of successful grant applications. . Airport Solutions Proposal for Strategic Business Plan Page 8 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 III. Marketing Plan In the developmem of the Airports Business Plan, ABS wffi complete a market analysis to profile the most probable users for the Airport. Once identified, we will provide a series of marketing strategies to assist in maximizing utilization of~ and revenues derived from, airport facilities. Included in the strategy will be pricing structures, promotional actions, marketing programs, and sales forecasts, as well as assisting with the development of a defensible rate structure policy. Marketing recommendations may include: Airport Open Houses Media Plan Host Charitable Events Fly-Ins Community Relations Young Eagle Program EAA Events Static Air Shows School (Student) Tours "' _ Airport ~-- Business Solutions Proposal for Strategic Business Plan Page 9 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 3. Project Schedule Within approximately 90 days from the Notice to Proceed, ABS will present a draf~ Airport Strategic Business Plan for City review and solicit public comment. Additional time to finalize Plan will be dependent upon the level and extent of City input. As part of our research and analysis, ABS intends to travel to the airport for one initial on-site review to with selected Staff, Commissioners, and City Administration. This Team will be responsible for participating in this advance advisory workshop to ensure that ABS is progressing in a manner that is consistent with the Airports' goals, as well as assuring that the City understands and accepts the preliminary direction of the Airports Strategic Business Plan. Proposal for Strategic Business Plan Page 10 of 10 Iowa City Municipal Airport - Iowa City, Iowa October 23, 2002 4. Project Cost Based upon the Scope of Work defined herein, to include initial on-site meeting and due diligence set forth, it is Airport Business Solutions' projection that the estimated cost to complete the Airports Strategic Business Plan is estimated at $15,000, exclusive of all travel and project-related expenses. Prior to proceeding, we would respectfully request a formal "Notice to Proceed" from the City, as well as submission ora retainer fee of $5,000 to cover all front end travel and incidental expenses. Progress billings would be done on a monthly basis, at our standard hourly billing rates, based upon the hours expended on the project. Standard rates for ABS principals are $195.00 per hour for Michael A. Hodges, MAI, (President/CEO), $145.00 per hour for Bobbi Thompson, Executive Vice President, and $145.00 per hour for Randy Bisgard, Vice President. In addition, project-related expenses incurred during the previous month would be invoiced at cost without mark up. Project-related expenses would include, but may not be limited to, phone, fax, shipping/postage, travel/meaLs, meeting facilities and/or materials, and docment preparation~ If a formal on-site meeting is required to present the final Strategic Business Plan, this presentation would be at additional cost to the City. ~._ Airport Business Solutions Carol Thompson, Chairperson Pat Harney Terrence Neuzil Sally Stutsman Mike Lehman November 21, 2002 Mr. Steve Atkins City Manager City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Mr. Atkins: The Johnson County Board of Supervisors respectfully request the City of Iowa City consider extending a sewer line to the south property line of the 15-acre parcel just north of Chatham Oaks for a proposed Iowa National Guard Readiness Center and Johnson County Administrative Campus. Johnson County officials have been meeting with Iowa National Guard officials to develop an agreement for the development of an Iowa City Readiness Center and Johnson County Administration Campus at the Melrose location. Parts of those discussions have included the extension of sanitary sewer and storm sewer services to the property line at that location. Neither the Federal Government nor the State of Iowa will provide the Iowa National Guard funds for extending a sewer line to the proposed site. The County does not have the funds budgeted to extend the sewer to the proposed location. Representatives from the Johnson County Board of Supervisors are offering to meet with Iowa City officials to discuss this request in more detail. As you may know, the Iowa National Guard Readiness Center is a projected $6.7 million dollar project that when completed will employ over 400 people. In 2000, government jobs in Johnson County provided $1,189, 409 in earnings, which accounted for 45.1% of all earnings 913 SOUTH DUBUQUE STREET, SUITE 201 * IOWA CITY, IOWA 52240-4207 * PHONE: (319) 356-6000 * FAX: (319) 356-6036 in the county. In addition, it is our understanding in recent discussions with representatives of the Iowa National Guard that the community can develop a vision based on community/area needs and wants to propose that the Readiness Center become a joint-use facility. This is an excellent opportunity to enhance inter-governmental cooperation between Iowa City, Johnson County and The Iowa National Guard. The Johnson County Council of Governments recently proposed the development of county property at the County Farm, which if completed would create an additional tax base. Attaching services such as sewer and water should increase city services to the proposed armory project and the proposed development plan. We appreciate your consideration of our request. If you have any questions please call me. IOWA LEAGUE ,", _of CITIES December 2, 2002 ;LJv ! ~ ,' ,, Emie Lehman Mayor Iowa City 410 E Washington Street Iowa City, IA 52240-1826 Dear Mayor Lehman: This letter confirms a phone conversation with your city extending an invitation to participate in the "City Showcase" being held in conjunction with the League's annual Legislative Day on February 12, 2003. The League's 2003 legislative priority theme, "Building Communities for Iowa's Future," will be the central focus of the showcase. We will feature between 35 and 40 cities on 8-foot tables throughout the rotunda of the Iowa capitol, showing services being provided, innovative sharing arrangements, economic development projects, good use of state programs, etc. We want to convey to legislators that cities are working proactively to make the state a better place - and that the state plays a critical role in enabling our success in that initiative. Set-up will occur in the early morning. City officials may then go to the Savery Hotel for the League's Legislative Day presentations starting at 10 a.m. After lunch, they will head to the capitol to staff the booths from approximately 1-3:30 p.m. A dessert will be served from 2-3 p.m. and the event will end by 3:30 p.m. At this time, we do not anticipate a cost to the city with the exception of Legislative Day registration fees and your display material expenses. Your local chamber or development group might offer ideas or help in assembling the display, and could suggest businesses that would provide inexpensive give- away items for your table. You also might contact your legislators for input on local initiatives that should be featured - a great way to let them know about this event and encourage their participation. Please contact me at (515) 244-7282 or susanjudkins@iowaleague.org by December 16 regarding reJ T~d .... your interest in participating. It will be helpful if you can give me an idea of the initiatives you plan to feature. Let me know if you have any questions. Thank you! Sincerely, ~,~o~o, ~olk C~t~ Susan Judkins Coat,c-ii Member, Director of Governmental Affairs o~ Moine~ SJ:mm Dovid k Aldridge City of Iowa City IP13 -MEMORANDUM Date: November 27, 2002 To: City Council From: Robert Miklo, Senior Planner Re: District Planning Schedule Now that the Southwest District Plan has been completed, staff will soon begin work on another district plan. Of the 10 districts of the City, plans have been completed for five, including the South, South-Central, Southwest, North, and Northeast Districts. A Downtown Strategy Plan was also completed in 1997. Staff does not anticipate preparing a separate District Plan for the downtown. Therefore, the remaining districts that require a District Plan are Central, Southeast, Northwest, and the North Corridor. The attached map shows the location of each district. Staff and the Planning and Zoning Commission recommend the following priority for the remainder of the District Plans: 1. Central District. The Central District contains many older residential districts as well as an extensive area of commercial development in the vicinity of the Iowa River, South Gilbert Street and Highway 6. These areas have several issues regarding traffic and conflicts between multifamily and lower-density single family neighborhoods. The district also contains areas, such as the blocks around the Johnson County Administration Building, where the City may wish to encourage redevelopment for higher-intensity uses. There may be other areas that a district plan will identify for redevelopment to balance neighborhoods that have been identified for conservation. 2. Southeast District. Although much of the Southeast District is already developed, the area east of Scott Boulevard, which is currently in the County, but within the City's growth area, may be suitable for further industrial, commercial, and residential development. 3. Northwest District. The Northwest District contains land under the control of the University of Iowa and the area that has already been the focus of the Planning Study for Camp Cardinal Road. Other than Walnut Ridge, the only area of extensive existing development that is not controlled by the University, is Manville Heights, which appears to be a stable neighborhood. 4. North Corridor. The last district we would recommend for a district plan is the North Corridor, which is located generally north of Interstate 80 and is primarily in unincorporated Johnson County. Development of this area will require an extensive investment in sanitary sewer extensions, and therefore will be unlikely to develop in the near future. I would like to note that because staff is focusing on completion of a Development Plan, we do not anticipate beginning the next District Plan until late winter or spring of 2003. Unless the Council would like staff to begin work on a plan for one of the other districts, we will begin work on the Central District Plan as the Code rewrite nears completion. ppdad m/mem/r m-centraldist plan doc NORTH CORRIDOR NORTH COMPLETED NORTHEAST CENTRAL COMPI,ETED NORTHWEST Melrose Avenue TOWN co~t SOUTHWEST SOUTHEAST COMP[ ,ETED SOUTH CENTRAL COMPI,ETED -- SOUTH COMPLETED IOWA CITY PLANNING DISTRICTS Jay H. Honohan, Chair Iowa City/Johnson County Senior Center 28 S. Linn Iowa City, Iowa 52240 November 22, 2002 Ray L. Heffner 523 Templin Road Iowa City, Iowa 52246 re: Copywrite question Dear Ray: I have researched the copywrite question that you raised at the Senior Center meeting regarding the budget. You were concerned that the charging of membership fees would make the use of educational video's in classes at the Center a violation of the copywrite laws. After researching the matter, I am of the opinion that the use of video's as you described them to me would not be a violation of the copywrite laws. Under the Federal copywrite law, there is a "Pair Use Doctrine". Essentially what this provides is the "fair use" of a work is not an infringement of copywrite where it is for purposes such as criticism, comment, news reporting, teaching, scholarships, or research.~ In other words if it contributes to the public welfare, it is allowed. To determine what is "fair use", the Courts normally consider four factors: 1) the purpose and character of the use, including whether or not the use is commercial or nonprofit educational use. 2) the nature of the copywrited work. 3) the amount of the copywrited work used. 4) the effect on the potential market for or value of the copywrited work. Additionally governmental units, educational institutions, and non-profit organizations are allowed under certain circumstances use of copywrited material without violation of the copywrite laws. Pinally, in the case of video's, the copywrite law essentially grants to the copywrite's owner exclusive rights to distribute the video's and prohibits individuals from copying the video's ~ 18 Am Jur 2d, Copywrite and Literary Property, §80, pg 424. 2 and distributing them or showing them for a profit.~ Based upon the above, It is my opinion that if the Center adopts a membership fee this would not make your use of the video's a violation of the copywrite laws. My reasoning is as follows: 1) the use is clearly for educational purposes and is not a commercial use. Although that alone will not necessarily qualify as a "fair use". 2) there is no direct charge for the use. The membership fee is similar to college tuition. Seniors do not pay a direct charge to view the copywrited material itself. 3) there is no impact on the potential market because of the use. Sales of the copywrited video's are not reduced in any major way by the use. 4) I assume the video's are intended for educational use and therefore are being used as intended. 5) You are not reproducing the video's and selling them and they are for the use of the Seniors attending your classes only. I would like to thank you for bringing this to my attention. I would not have wanted to be surprised by the issue after whatever action is taken by the City in regards to membership fees. I also appreciate your suggestion regarding pledges. At this time, the Commission has under consideration a several joint approaches including memberships, pledges, donations, and a foundation. Very~ _ Ja~ .~H~nohan cc: Linda Kopping Susan Dulek Center Advisory Com~aittees Senior Center Commission 2 18 Am Jur 2d, Copyright and Literary Property, §97, §98, pg 449, 450. BUILDING PERMIT INFORMATION November 2002 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 RA C - Residential Accessory Building MIX- Mixed NON- Non-residential OTH- Other Page: 2 City of Iowa City Date: 12/3/2002 Extraction of Building Permit Data for To: I 1/1/2002 From: 11/30/2002 Census Bureau Report Type Type Permit Number Name Address Impr Use Stories Units Valuation BLD02-00659 CAROUSEL MOTORS, [NC 809 HIGHWAY 1 W ADD NON 1 0 $335,000 ADDITION TO CAR DEALERSHIP BLD02~00775 PROCTER & GAMBLE HAIR 2200 LOWER MUSCATINE ADD NON 1 0 $300,000 ROOF TOP UTILITY BRIDGE ADDITION FOR FACTORY BLD02-00721 CONGREGATION AGUDUS t 602 WASHINGTON ST ADD NON 1 1 $3,800 PERGOLA FOR SYNAGOGUE Total ADD/NON permits: 3 Total Valuation: $638,800 Il BLD02-00728 DUNLAP, DAVID O 1517 DUBUQUE RD ADD RSF 1 3 $300,000 MULTI-STORY ADDITION TO SFD BLD02-00616 ADRIAN DOBRIAN 613 N VAN BUREN ST ADD RSF 1 1 $80,000 ADDITION AND DETACHED GARAGE FOR SFD BLD02-00695 I REED & CINDY PARKER 55 N WESTMINSTER ST ADD RSF 2 0 $40,000 2 STORY ADDITION TO SFD BLD02-00675 JANE BODENSTEINER 1934 MEADOW RIDGE LN ADD RSF 1 I $38,000 3 SEASON PORCH, SCREEN PORCH AND DECK ADDITION TO SFD BLD02-00693 DAVID M FINLEY 881 PARK PL ADD RSF 1 1 $35,000 3 SEASON PORCH, DECK ADDITION TO SFD BLD02-00753 AARON BRENT CARTER & .t 346 FERSON AVE ADD RSF 1 1 $30,000 SUNROOM/DECK, SCREEN PORCH BLD02-00750 DAVID J OZOL[NS & CHERY 1131 E BURLINGTON ST ADD RSF 2 1 $25,000 13' X 28' TWO STORY ADDITION BLD02-00786 ELSA &NICOLE D'ANGELO 735 MANORDR ADD RSF 1 0 $8,500 GARAGE/DINING ROOM ADDITION BLD02-00758 TERI SPENCER 2306 FRIENDSHIP ST ADD RSF 1 1 $3,000 iff X 48' COVERED PORCH BLD02-00783 SUE MACCARILLO 2601 HIGHWAY #6 EAST ADD RSF 1 0 $2,100 CARPORT BLD02-00671 CHRIS WECKMAN 205 W BENTON ST ADD RSF 1 0 $2,000 PORCH ADDITION TO SFD BLD02-00744 HALL, JAMES C 712 2ND AVE ADD RSF 1 1 $1,800 HANDICAP RAMP BLD02-00713 TOM & SHARON HANSEN 78 AMHURST ST ADD RSF 1 0 $1,000 FRONT PORCH ADDITION TO SFD BLD02-00778 JAMES B & BECKY J BUXTC 1708 COLLEGE ST ADD RSF 1 0 $400 Y X 5' UNCOVERED DECK Total ADD/RSF permits: 14 Total Valuation: $566,800 II 1 BLD02-00776 SUBWAY 2302 1/2 MUSCATINE ALT NON I 1 $50,000 SANDWICH SHOP BLD02-00784 CITY OF IOWA CITY 410 WASHINGTON ST ALT NON 3 1 $30,000 REMODEL OF 2ND FLOOR PLANNING DEPARTMENT BLD02-00733 GAMERS 201 S CLINTON ST 130 ALT NON 1 1 $25,000 INTERIOR TENANT FINISH IN MALL Page: 3 City of Iowa City Date: 12/3/2002 Extraction of Building Permit Data for To: 11/1/2002 Census Bureau ,.p,tDe"o' From: 11/30/2002 Type Type Permit Number Name Address Impr U~ Stories Units Valuation BLD02-00791 BO JAMES RESTAURANT 118 WASHINGTON ST ALT NON 1 0 $20,500 NEW STORE FRONT BLD02-00765 IC AERIE NO 695 FATERNAI_ 225 HIGHWAY #1 WEST ALT NON 1 0 $10,000 RESTROOM REMODEL IN EAGLE'S LODGE BUILDING BLD02-00712 HOUSLEY-SWAFFORD PROt 620 S RIVERSIDE DR ALT NON 2 0 $1,000 CHANGE OF USE FROM REPAIR GARAGE TO AUTO DETAILING AND SALES BLD02-00788 CARE ADVANTAGE 1705 1ST AVE SUITE C ALT NON 1 0 $1,000 CONVERT RETAIL SPACE TO OFFICE I Total ALT/NON permits: 7 Total Valuation: $137,500 i BLD02-00749 TIMOTHY M & LYNN L SKO 68 ACORN CT ALT RSF 1 1 $60,000 BASEMENT REMODEL BLD02-00770 MARK & TAMI BARRETT 715 ARBOR DR ALT RSF 2 1 $20,000 KITCHEN REMODEL BLD02-00743 SCOTT A & KARl L BROGH3 3532 GALWAY CT ALT RSF 2 1 $16,000 BASEMENT FINISH BLD02-00759 DESIGN BUILDERS INC 4450 COUNTRY CLUB DR ALT RSF 1 1 $15,000 FINISH BASEMENT FOR REC ROOM AND BEDROOM BLD02-00747 ST JOHN, MARY ANNE 3618 ELGIN DR ALT RSF 2 1 $8,000 COMPLETE CONSTRUCTION OF SFD BLD02-00781 HERALD W & MARILYN M I~ 2 GOLDFINCH CIR ALT RSF 2 1 $3,174 INSTALL BATHROOM IN BASEMENT BLD02-00732 SIEFKE J & JANET S BERGM 1339 SANTA FE DR ALT RSF 1 0 $2,000 CONVERT SCREEN PORCH TO THREE SEASON PORCH BLD02-00790 REW, TERRY W 2519 PRINCETON RD ALT RSF ! 1 $1,200 INSTALL EGRESS WiNDOW iN BASEMENT I lotal ALT/RSF permits: 8 Total Valuation: $125,374 ~ BLD02-00799 TERRY L STAMPER HOLD1N 1089 POSTER RD FND RAC 2 0 $0 FOUNDATION PERMIT FOR GRANNY FLAT GARAGE I Total FND/RAC permits: 1 Total Valuation: $0I BLD02-00763 KNUTSON CONSTRUCTION 2780TRIPLE CROWN FND RMF 1 1 $48,000 FOUNDATION FOR 12 PLEX I Total FND/RMF permits: I Total Valuation: $48,000 I BLD02-00666 GERRY AMBROSE 1621 S 1ST AVE NEW NON 1 0 $157,826 4600 SQ FT RETAIL BUILDING SHELL BLD02-00735 SLAGER FAMILY PARTNER~ 425 HIGHWAY #1 WEST NEW NON 1 0 $70,000 3200 SQ FT STORAGE GARAGE BLD02-00801 CITY OF IOWA CITY 2501 S GILBERT ST NEW NON 2 1 $6,000 RETAINiNG WALL Page: 4 City of Iowa City Date: 12/3/2002 Extraction of Building Permit Data for To: 11/1/2002 From: 11/30/2002 Census Bureau Report Type Type Permit Number Name Address lmpr U~ Stories Units Valuation I Total NEW/NON permits: 3 Total Valuation: $233,826 I BLD02-00762 SMITH, STEPHEN K 431 N VAN BUREN ST NEW RAC 1 0 $5,000 FUTURE GARAGE FLOOR AND FOOTINGS BLD02-00768 DRISCOLL, JANET DANE 1409 SPRUCE ST NEW RAC 1 0 $5,000 24' X 28' DETACHED GARAGE WITH FROST FOOTINGS I Total NEW/RAC permits: 2 Total Valuation: $10,000 I BLD02~00707 BILL VORHIES 931 SCOTT PARK DR NEW RMF 2 4 $475,000 4 UNIT TOWNHOUSES 931-933-935-937 SCOTT PARK DRIVE BLD02-00708 BILL VORHIES 951 SCOTT PARK DR NEW RMF 2 4 $475,000 4 UNIT TOWNHOUSES 951-953-955-957 SCOTT PARK DRIVE BLD02-00729 FRANTZ CONSTRUCTION CI 1628 BALDWIN LN NEW RMF 1 3 $419,724 3 UNIT TOWNHOUSES WITH ATTACHED 2 CAR GARAGES 1628-1632-1636 BALDWIN LANE--FINISHED BASEMENT 1632 Total NEW/RMF permits: 3 Total Valuation: $1,369,724 [ BLD02-00746 JEFF MILLER CONST 610 KENNEDY PARKWAY NEW RSF 2 1 $326,000 SFD WITH ATTACHED 3 CAR GARAGE BLD02-00782 JEFF MILLER CONSTRUCTI( 25 SUMAC CT NEW RSF 1 i $290,000 S.F.D. WITH THREE CAR GARAGE BLD02-00774 REMPEL CON 18 CRABAPPLE CT NEW RSF 1 1 $270,000 S.F.D. WITH THREE CAR GARAGE BLD02-00764 TERRY L STAMPER HOLDIN 1090 FOSTER RD NEW RSF 2 1 $222,031 S.F.D. WITH TWO CAR ATTACHED GARAGE BLD02-00766 TERRY L STAMPER HOLD1N 1075 FOSTER RD NEW RSF 2 1 $208,432 S.F.D. WITH NO GARAGE "FITZGERALD B" BI~D02-00769 TERRY L STAMPER HOLDEX 1089 FOSTER RD NEW RSF 2 1 $204,229 SFD "BALDWIN" BLD02-00737 DAV-ED LIMITED 74 GALWAY CIR NEW RSF I 1 $198,000 SFD WITH ATTACHED 2 CAR GARAGE BLD02-00792 ARLINGTON DEVELOPMEN' 4540 YORK PL NEW RSF 2 1 $187,161 S.F.D. WITH TWO CAR GARAGE BLD02-00720 ELYSE FRANTZ 34 KEARNEY CT NEW RSF 2 1 $170,175 SFD WITH ATTACHED 2 CAR GARAGE BLD02-00771 SOUTHGATE DEVELOPMEN 3736 COURT ST NEW RSF 2 1 $165,389 S.F.D. W/TWO CAR GARAGE BLD02-00773 SOUTHGATE DEVELOPMEN 3718 COURT ST NEW RSF 2 1 $165,389 S.F.D. WITH TWO CAR GARAGE BLD02-00760 SOUTHGATE DEVELOPMEN 4 LINDEMANN DR NEW RSF 1 1 $128,000 S.F.D. WITH TWO CAR GARAGE Page: 5 City of Iowa City Date: 12/3/2002 Extraction of Building Permit Data for To: 1 I/1/2002 From: 11/30/2002 Census Bureau Report Type Type Permit Number Name Address Impr Use Stories Units Valuation BLD02-00703 CHRIS HAIMA 2043 HANNAH JO CT NEW RSF 1 1 $108,048 ZERO-LOT LINE SFD WITH ATTACHED 2 CAR GARAGE BLD02-00704 CHRIS HAIMA 2051 HANNAH JO CT NEW RSF 1 1 $108,048 ZERO-LOT LINE SFD WITH ATTACHED 2 CAR GARAGE BLD02-00714 NEW DIMENSION HOMES O 335 PALOMINO CT NEW RSF I 1 $92,000 SFD BLD02-00756 NEW DIMENSION HOMES O 222 HACKNEY NEW RSF 1 1 $90,000 MANUFACTURED HOME WITH TWO CAR GARAGE BLD02-00754 NEW DIMENSION HOMES O 240 MORGAN CT NEW RSF 1 1 $85,000 MANUFACTURED HOME WITH TWO CAR GARAGE BLD02-00717 NEW DIMENSION HOMES O 330 PALOMINO CT NEW RSF 1 1 $83,000 SFD WITH ATTACHED 2 CAR GARAGE BLD02-00755 NEW DIMENSION HOMES O 220 MORGAN CT NEW RSF 1 1 $80,000 MANUFACTURED HOME WITH SINGLE CAR GARAGE BLD02-00715 NEW DIMENSION HOMES O 325 PALOMINO CT NEW RSF 1 1 $78,000 SFD BLD02-00716 NEW DIMENSION HOMES O 320 PALOMINO CT NEW RSF 1 1 $78,000 SFD BLD02-00780 NEW DIMENSION HOMES O 250 MORGAN CT NEW RSF 1 1 $70,000 MANUFACTURED HOME WITH 14' X 24' WITH DECKS I Total NEW/RSF permits: 22 Total Valuation: $3,406,902 II ! BLD02-00681 MIP IOWA CITY LLC 210 S DUBUQUE ST REP NON 7 1 $23,826 POOL AND DECK REPAIR BLD02-00795 IOWA STATE BANK & TRUS 102 S CLINTON ST REP NON 3 0 $20,000 REROOF I Total REP/NON permits: 2 Total Valuation: $43,826 ]l 1 BLD02-00739 BUXTON, JAMES B 403 N LINN ST REP RMF 1 0 $2,000 REPLACE FRONT PORCH SAME SIZE AND LOCATION(THIS IS NOT AN EXPANSION JUST A REPAIR) Total REP/RMF permits: 1 Total Valuation: $2,000 II 1 BLD02-00700 IOWA STATE BANK 400 FOSTER RD REP RSF 1 1 $8,000 REROOF AND DECK REPLACEMENT OF SFD BLD02-00740 JAMES B & BECKY J BUXTC 1708 COLLEGE ST REP RSF 1 0 $1,500 REPLACE FRONT PORCH SAME SIZE AND LOCATION BLD02-00745 FRED W & ELLA J PARKS 940 DAVENPORT ST REP RSF 1 1 $1,000 REMOVAL FRONT PORCH NEW PORCH TO BE COMPLETED NEXT YEAR I Total REP/RSF permits: 3 Total Valuation: $10,500 GRAND TOTALS: PERMITS: 70 VALUATION: $6,593,252 Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES) Report October 2002 YEAR 2002 Monthly Total Year to Date Totals Arrest/Visit Business Name A _B _ _ A B YTD A&J MINI MART - 2153 ACT CIR. k 1 0 0.00 AAJAXXX LIQUOR STORE 3 0 0.00 BIG KMART-HOLLYVVOOD BLVD 0 0 0.00 CUB FOODS I 2 0 0.00 DAN'S SHORT STOP CORP 3 0 0.00 DELI-MART- MORMON TREK 1 2 0 0.00 DELIMART - E. BENTON 4 17 0 0.00 DELiMART-HWY 1 2 0 0.00 DELIMART-LWR MUSCATINE 5 13 0.00 DOC'S STANDARD 0 0 0.00 DRUGTOWN 0.00 EAGLE FOOD CENTER- N.DOD. 0.00 FAREWAY STORES INC 0.00 GASBY'S - S. GILBERT 1 6 0 0.00 GASBY'S EAST - 2303 MUSCAT. 1 4 0 0.00 HANDIMART - DUBUQUE ST. 2 14 0 0.00 HANDIMART - N.DODGE 7 0 0.00 HANDIMART- WILLOWCREEK 1 5 0.00 HARTIG DRUG - MORMON TREK 0 0.00 HAWKEYE CON ST-KIRKWOOD 3 0.00 HAWKEYE CON ST - Commerce I 2 0 0.00 HY-VEE- N. DODGE ST 1 0 0.00 HY-VEE- S. 1ST AVE 1 4 0 0.00 HY-VEE- WATERFRONT 1 2 0.00 JOHN'S GROCERY INC 2 0.00 KUM & GO- MORMON TREK 2 10 0.00 KUM & GO- GILBERT/BURL. 3 23 0.00 KUM & GO- S. RIVERSIDE 1 8 0 0.00 KUM & GO- W. BURLINGTON ST 3 [ '13 0.00 LINN STREET CAF¢: I ~000 0 0.00 MINI MART 0 0.00 NEW PIONEER COOP i 0 0 0.00 NORTH DODGE EXPRESS I 6 0.00 ON THE GO CONV. STORE INC. 3 0.00 OSCO DRUG 0 0.00 Column A is the number of times a license holder is visited specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the total number of charges. Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES) Report October 2002 YEAR 2002 Date Totals Arrest/Visit Business Name ; __B YTD PETRO-N-PROVISIONS , 0.00 PIZZA PALACE 0 0.00 RUSS' AMOCO SERVICE ; 0 0.00 SUBURBAN AMOCO 1 0.00 SUBURBAN AMOCO-KEOKUK ;; 6 0 0.00 T&M MINI MART 2 0 0.00 TOBACCO OUTLET PLUS- S. RIV~ 0 0.00 WALGREENS 1 0.00 TOTAL 361 I 480 0 0.00 Column A is the number of times a license holder is visited specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the total number of charges. IP17 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT October 2002 OFFICER DATE CASE # INCIDENT FORCE USED 18,55,58 10-01-02 2-9503 Fight in progress Subject was placed under arrest and became upset and uncooperative. Subject resisted and kicked at officers. Officers used hands on controls and also exposed subject to chemical agent. 14 10-02-02 2-9563 Foot pursuit Subject was driving a vehicle and fled from the car on foot when stopped by the officer. A second officer pursued the subject on foot and directed him to the ground. Officers used hands on controls to effect handcuffing. 32 10-2-0-2 2-9617 Juvenile problem Officers called to the shelter for a juvenile out of control and being restrained by staff. Officer placed the juvenile in handcuffs until she settled down. 19,58 10-5-02 2-9701 Arrest Officers were conducting a bar check and encountered a subject who was subsequently placed under arrest. Subject would not submit to handcuffing and was placed against a wall and hands on techniques were utilized to effect the arrest. 27,34 10-5-02 2-9755 Mental subject Subject was unable to stay at her home due to insect extermination and associated health dangers. Subject refused all other options and it was decided to initiate an involuntary committal to the hospital. Officers used hands on controls when she attempted to walk away. 55,17 10-6-02 2-9807 Mental subject Dispatch advised officers of an attempt to locate for a suicidal individual. Officers located the subject driving a vehicle and stopped the car to check his welfare. The individual refused to get out of the vehicle and prevented officers from unlocking the doors. Officers broke a window and exposed subject to chemical agent. The subject was then O-ansported to the hospital. 37 10-7-02 2-9824 Arrest Subject was placed under arrest and OFFICER DATE CASE # INCIDENT FORCE USED placed in the back of the patrol car. Subject began to kick and damage the interior of the vehicle. Officer exposed the subject to chemical agent. Subject's feet were then bound with a strap and he was transported to the hospital. 18 10-9--02 2-9871 Fight in progress Subject was taken into custody and resisted officer's attempts to handcuff. Officers used hands on controls and also exposed the subject to chemical agent. 17 10-11-02 2-9967 Traffic stop / Arrest The driver exited his car and became confrontational with the officer. Subject refused to get back into his vehicle. The subject was agitated and oppositional and was exposed to chemical agent. Subject continued to resist and was directed to the ground and officer used active counter measures to effect the arrest. 46 10-11-02 2-10008 Animal A deer was found injured in the roadway. Officer dispatched the deer with his service sidearm. 51 10-11-02 2-10012 Arrest Officer had prior knowledge that wanted suspects were dangerous and that they had made threats to harm law enforcement officers. Officer located suspects and confi'onted both with his sidearm drawn to effect the arrest. 15,25,48 10-12-02 2-10047 Vehicle pursuit Officers deployed "stop sticks" to stop the vehicle. 93,40 10-13-02 2-10093 Fight Officers were investigating a fight when one of the subjects began assauRing an officer. Officers used hands on techniques and exposed subject to chemical agent to gain control. 19 10-14-02 2-10121 Fight in progress Subject assaulted an officer. Officer used hands on techniques and also exposed the subject to chemical agent. 86 10-15-02 2-10178 Arrest Subject physically resisted and officer used bands on techniques to effect handcuffing. 58 10-20-02 2-10362 Fight in progress Subject was placed under arrest and OFFICER DATE CASE # INCIDENT FORCE USED resisted the officer's attempts to handcuff. Officer used hands on controls and also exposed subject to chemical agent. 25 10-21-02 2-10383 Animal Officer found an injured deer on the side of the roadway and dispatched it with his service sidearm. 14 10-25-02 2-10509 Fight The subject struck two otherpersons and was being detained by civilians. Subject refused to cooperate with the officer and resisted being placed under arrest. Officer directed subject to the ground to gain control and handcuff. 31,11 10-25-02 2-10514 Fight in progress Subjects attempted to flee from the scene and were directed to the ground by officers. 88 10-25-02 2-10548 An-est Subject was informed he was under arrest and refused to cooperate. Officer used hands on controls as well as chemical agent to gain compliance. 60 10-26-02 2-10578 Arrest Subject refused to comply when taken into custody. Officer had to carry subject to the police vehicle and then hold the subject up against the car. 47,57 10-26-02 2-10582 Arrest Officer observed a robbery suspect and drew his service sidearm and confronted the suspect. The suspect fled on foot and officers apprehended the suspect and then directed the subject to the ground to handcuff. 26,34 10-26-02 2-10586 Traffic Stop Officers stopped a vehicle during a kidnapping investigation. Officers approached the vehicle with their sidearms drawn. 19 10-27-02 2-10625 Arrest Subject was placed under arrest for a public offense and resisted. Officer directed subject to the ground to gain control. 48 10-31-02 2-10759 Animal A deer was found injured in the roadway. Officer dispatched the deer with his service sidearm. 60,19 10-31-02 2-10763 Arrest Officers were called to investigate a disturbance. Subjects observed OFFICER DATE CASE # INCIDENT FORCE USED damaging property and were placed under arrest. Both subjects resisted and began fighting with officers. Officers used hands on controls and both subjects were directed to the ground to gain control and handcuff. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library Iowa City Police Department P.A.U.L.A. Report-- October 2002 (PA ULA = Possession of A/coho/Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit Business Name visits arrests visits J arrests (year-to-date) Adagio Airliner 5 48 26 0.542 Alley Cat 6 1 30 7 0.233 American Legion Aoeshe Restaurant Atlas World Grill 1 15 1 0.067 Baldy's Wraps Bob's Your Uncle Bo-James 14 14 101 117 1.158 Brewery Brothers Bar & Grill 5 119 28 0.235 Brown Bottle Buffalo Wild Wings Grill & Bar 10 0.000 Carlos O'Kelly's College St Billiards Club 12 6 86 12 0.140 Colonial Bowling Lanes 1 17 0.000 Cottage Bakery & Cafb Dave's Fox Head Tavern Deadwood Tavern 9 Devotay Diamond Dave's (Old Capitol) 6 I 0.167 Diamond Dave's (Sycamore) Dublin Underground 5 0.000 Duds 'N Suds Eagle's Lodge , Elks Country Club El Ranchero 1 2 2.000 Et Cetera 23 23 119 73 0.613 Fieldhouse Restaurant & Bar 13 11 98 102 1.041 First Avenue Club 6 0.000 Fitzpatrick's 3 8 I 0.125 Gabe's 1 9 3 0.333 George's Buffet Givanni's Godfather's Pizza Green Room 4 1 0.250 Gringos Mexican Bar & Grill 1 0.000 Grizzly's South Side 6 0.000 Ground Round Restaurant Hanrahan's Happy Joe's Pizza Highlander Hilltop Tavern 4 0.000 India Caf6 Joe's Place J j 11 1 0.091 Kitty Hawk - -- 1-- I -- 4 -- 0~000 La Casa Lark Restaurant , Linn Street Cafb il Malone's ~ 11~~ 37 143 225 1.573 Martinis 144 19 0.132 Masala Mclnnemerys 4 1 1 0,000 Memories 1 0,000 Micky's 1 18 1 0.056 Mike's Tap _ _ __ 2 0,000 Mill Restaurant 1 0,000 MooseM°nd°'SLodge(D°wnt°wn) I 6~ 10 0.000 Morgans Ba~&-Or si~eraton) -- - 94 8 0:085 Mumm's Saloon & Eatery 3 I 46 0.000 Okoboj ~r ..... One-Eyed Jake's / 11 i 15 95 121 1.274 One~ Twenty Six~ Outer Limits ' 1 0.000 Palace Pizzeria & Bar I 11 I 17 14 17 1.214 Pagliai's P!zza ~ ~ __ Panchero's (Clinton St) ! Panchero's (Riverside Dr) Pizza Hut Pizza on Dubuque 1 " 0.000 ' 1 1 1.000 Press B0~ ] 7 29 0.000 Q Bar , 3 33 20 0.606 Quinton's Bar & Deli 3' __ 20 2 0.100 RTGrunt~ -- -- J --4. 2 -- 0.500 San~ctuary Restaurant & Pub ~ ...... Serendipity Laundry Caf~ Shakespeare's 3 , 0 000 25 42 181 299 1.652 SPOrts Column Summit Restaurant & Bar ! 17 29 155 155 1.000 Sushi Po Po T.G.I. Friday's ' Tha~Flavors -- 1, -- -- - Thai Spice Toke,0 Ichiban Union Bar 18 , 36 -- 197 330 1.675 VFW Post Vine~Tavern . I '1 0.000 Vito's ~I 19 ~ 179 ~ 206 1.151 Wig & Pen Pizza Pub Zio Johno's Spaghetti House Totals: 243 i 271 2091 I 1781 0.852 Other PAULA at non-business locations: 34 265 PAULA Totals: 305 2046 City of Iowa City MEMORANDUM DATE: November 25, 2002 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: ECICOG Information The attached information is being provided by Council Member Wilbum. In addition he has placed on file in my office the Independent Auditor's Report for the years ended June 30, 2002, 2001 and 2000. The Auditor's Report will be in my office until the end of the calendar year and then returned to Council Member Wilbum. ECl EAST CENTRAL IOWA COUNCILOr: GOVERNMENTS Y0OR REGIONAL Pb~NNING AGENCY MEMORANDUM DATE:- November 18, 2002 TO: ECICOG B~rectors FROM: Doug Elllot~ ExecUtive Director SUBJECT: Next Meeting - November 26, 2002 The ECICOG Board of Directors will meet on Tuesday, November 26, 2002, at Coraiville ~it¥ H. all~ 1512 7ta Street (map enclosed)~ at 2:00 p.m. The legiglative open house will begin at '4:00 p.m. Pleas6 continue to encourage your legislators to attend. An agenda for the November meeting and minutes of the October 31st meeting are enclosed. Other items are highlighted below: Item 3.0 Routine Matters: Financial statements for the month of October are enclosed. Item 4.1 Chairperson's Report: Larry Pump, CPA, will present the audit report for fi~cal year 2002. A copy is enctosed for your review prior to the meeting. Items 4.4, 4.5, 4.6 & 4.7 Commi~nity Development~ Homing, Circuit Rider, & Solid Waste Reports: Staff reports are enclosed. Item 4.8 Transportation Report: The staff re~ort includes two request,5 to-the board. The first is to consider a letter of intent from the region to participate in the deployment of ITS and to possibly seek funding from IDOT. Staff will also ask the board to approye use of Regional Transit Accourit funds to, expand advertising of, the transit system to an additional directory. The policy that created the Regional Transit Account requires board approval for expenditure of these funds. Item 5.4 Transit O~erators Group: Minutes of the most recent meeting are enclosed.- Item 5.5 S~fid~Waste TAC: Minutes of the most recent meeting are enclosed. Item 5.6 Ad Hoc Committee'Repp_ rts: The Transit Services Review Committee will meet" immediately prior tO the board meeting to consider a recent service request. Please review the enclosed materials, and contact us if you have questions before the meeting on the 26*. EnqlosUres 108 ~ street SE, Suite 300 Cedar Rapids, Iowa 52401 319~365-9941 FAX 319-365!9981 www. ia.net/-ecico~. ~ East Central Iowa Council c Notice TEL 365-9941 FAX365-9981 pages 1.0 CALL TO ORDER · 1 Recognition of Alternates .2 Public Discussion .3 Approval of Agenda 2.0 ROUTINE MATTERS 1-3 .1 Approval of Minutes (October 31, 2002) 4-6 .2 Preceding Month's Budget Reports/Balance Sheets 3.0 AGENCY REPORTS .1 Chairperson's Report · Fiscal Year 2002 Audit Report · Nominating Committee .2 Board Members' Reports .3 Director's Report 7-8 .4 Community Development Report 9-11 .5 Housing Report 12 .6 Circuit Rider Report 13 .7 Solid Waste Report 14-24 .8 Transportation Report · Letter oflnterestfor ITSFunding · TOG Request - Regional Transit Account 4.0 COMMITTEE REPORTS · 1 Executive Committee .2 Personnel Committee .3 Budget Committee 25-26 .4 Transit Operators Group 27-28 .5 Solid Waste Technical AdviSory Committee .6 Ad Hoc Committee P(eports · Transit Services Review Committee 29-36 5.0 IOWA INTERGOVERNMENTAL REVIEW SYSTEM 6.0 OLD BUSINESS .1 Approval of Expenditures 7.0 NEW BUSINESS 8.0 NEXT MEETING: December 30, 2002 Executive Committee (tentative) January 30, 2003 FULL BOARD ECICOG is the Region l O planning agency serving local governments in the counties of Benton, Iowa, Johnson, Jones, £inn, and Washington. MINUTES East Central Iowa Council of Governments Board Meeting 1:00 p.m. - October 31, 2002 Washington Free Public Library 120 East Main Street - Washington, IA MEMBERS PRESENT Ed Brown-Mayor of Washington Lu Barron-Linn County Supervisor .4nn Hearn-Linn County Citizen Ed Raber- F/ashington County Citizen Gary Edwards-Iowa County Citizen Bob Stout-YYashington County Supervisor Larry Wilson-Johnson County Citizen .daron Chittenden-Jones County Citizen Pat Harney-Johnson County Supervisor Ross Wilburn-lowa City City Council Dawn Pettengill-Mayor of Mt. ,~uburn James Houser-Linn County Supervisor Don Magdefi'au-Benton County Citizen Charlie Montross-lowa County Supervisor MEMBERS ABSENT Tom Tjelmeland-Mayor of Ely Dennis Hansen-Jones County Citizen Leo Cook-Jones County Supervisor Rod Straub-Iowa County Supervisor Henry Herwig-Coralville City Council David Yermedahl-Benton County Supervisor FYade YYagner-Cedar Rapids Commissioner ALTERNATES PRESENT - None OTHER'S PRESENT Linda Wenger-Washington Journal News Editor Bob Shepherd-Washington City Council STAFF PRESENT Doug Elliott-Executive Director Gina Peters-.4dministrative Assistant Tracey Mulcahey - Grants Administrator Mary Rump-ITff ransportationPlanner Robyn Jacobson-Transit Administrator Catherine Hankey-Cirouit Rider Lisa-Marie Garlich-Planner Jennifer Ryan-Planner Marie DeYries-Solid Waste Planner Chad Sands-Planner 1.0 CALL TO ORDER The meeting was called to order by Chairperson, Ed Brown at 1:02 p.m. .1 Recognition of.Alternates Brown welcomed new board member Aaron Chittenden, a representative from Jones County. He also welcomed Linda Winger, Washington Evening Journal News Editor and Bob Shepherd, Washington City Council Member. .2 Public Discussion Brown welcomed everyone to Washington. (Houser joined the meeting at this time.) 1 .3 Approval of Agenda M/S/C (Barron/Heam) to approve the agenda. All ayes. 2.0 ROUTINE MATTERS .1 Approval of Minutes (September 29, 2002) Brown noted a correction to page 2 of the minutes. It was the City of Washington that passed the local option sales tax, not Washington County. Wilburn noted that Hamey was present at the meeting although listed as not present in the minutes. M/S/C 01abet/Wilson) to approve the minutes with the corrections noted. All ayes. 0Magdefrau joined the meeting at this time.) .2 Preceding Month's Budget Reports/Balance Sheets (Mentross joined the meeting at this time.) Elliott gave an overview of the September financial statements and noted that quarterly departmental statements were included in thc board packet. M/S/C 0tamey/Houser) to receive and file the September £mancial statements for audit. All ayes. 3.0 AGENCY REPORTS .1 Chairperson's Report - None .2 Board Members' Reports - None .3 Director's Report Elliott thanlced Washington County Mini Bus for parking a bus with new decals in front of the library for all to see. The next ECICOG board meeting would normally fall on Thank.qgiving so the board will meet instead on Tuesday, November 26. The board will meet at 2:00 p.m. and a joint legislative open house with ISAC and the League of Cities will be held following the meeting. The fiscal year 2002 audit report will be presented at the board meeting. Elliott referred to page 17 of the board packet, A Resolution Supporting the Formation of the Northern Great Plains Regional Authority and the Recognition of Iowa's Planning and Development Districts to Serve as the Local Development Districts Set Forth in the Authorizing Legislation for the Northern Great Plains Regional Authority. Elliott gave an overview and discussion followed on the resolution. lVl/S/C (Edwards/Stout) to allow the chair to sign the resolution. All ayes. .4 Community Development Report Barton stated she appreciates Sands' work on the fringe-area agreement with Bertram. .5 Housing Report Mulcahey told the board Cmwfordsville held a pre-construction meeting last week for the sewer project. Mulcabey recently completed certification for lead inspection. She gave a presentation to the board on lead based painC .6 Circuit Rider Report Hankey told the board she recently enntacted and started wofldng with the Cities of Rolfe, Fonda and Pomeroy. .7 Solid Waste Report Ryan told the board she has been working with the Benton County Solid Waste Management Cofia-nission and the cities in Benton County. She noted most cities in Benton County will have implemented curbside recycling by July 2003. Stout asked if the GRO house has been tested for lead base paint. DeVries answered that Joe Kolter, ECICOG's housing iuspector fi'om HACAP, will inspect the house and if there is lead paint, it will be addressed. Elliott told the board that closing for the GRO house was yesterday and that there is money in escrow to ensure that items let~ behind are disposed of. .8 Transportation Report Rump referred to page 31 of the board packet, written comments from the IDOT enmpliance review. She gave an overview of the items that were listed as non-compliant and what steps have or will be taken to correct the issues. Rump stated she received an e-mail fi'om Raber concerned about Johnson County SEATS' funding. She noted Johnson County, iowa City and Coralville are in negotiations and referred to Wilbum and Hamey for additi°nal comment. Harney stated an agreement should be reached. Rump gave an update on the vehicle signage project. She said to date, ten of the fourteen vehicles have been re- signed. 2 4.0 COMMITTEE REPORTS .1 Executive Committee - None .2 Personnel Committee - None .3 Budget Committee Elliott stated the fiscal year 2004 budgeting process and performance review for the executive director will begin .4 Transit Operator's Group - None .5 Solid Waste Technical Advisory Committee - None .6 Ad Hoc Committee Reports - None 5.0 IOWA INTERGOVERNMENTAL REVIEW SYSTEM M/S/C (Raber/Montross) to approve all Intergovernmental Reviews with a favorable review. AIl ayes. 6.0 OLD BUSINESS · 1 Approval of Expenditures M/S/C (Stout/Wilson) to approve payment of expenditures. All ayes. 7.0 NEW BUSINESS - None 8.0 NEXT MEETING: November 26, 2002 The meeting adjourned at 2:15 p.m. David Vennedahl, ,,%crctary~reasomr November 26, 2002 Date 3 Marian Karr IP20 From: Ross Wilburn Sent: Friday, November 15, 2002 12:53 AM To: Marian Karr; *City Council; Kadn Franklin; Jeff Davidson Subject: FW: Latest Issue of ECICOG Express ..... Original Message ..... From: Doug Elliott [mailto:ecicog~ia.net] Sent: Thursday, November 14, 2002 2:37 PM To: ECICOG Express Subscribers Subject: Latest Issue of ECICOG Express The latest issue of the agency's electronic newsletter, the ECICOG Express, is attached. In order to read the newsletter, you must have Adobe Acrobat Reader to open the attached pdf file. If you already have Adobe Acrobat Reader, it will automatically open the pdf file. You do not need to download it again. If you need to download the free Adobe Acrobat Reader software, click on (or go to on the Intemet): http://www.adobe.com/products/acrobat/readstep2.html. Your Adobe Acrobat Reader program will open automatically once it is installed. If you are unable to download Adobe Acrobat Reader, or choose not to, respond to this email and request a faxed or hard copy of the EClCOG Express. If you do not wish to receive this newsletter, respond to this email and request that your name be removed from the distribution list. Douglas D. Elliott Executive Director ECICOG 108 Third Street SE Suite 300 Cedar Rapids, IA 52401 (319) 365-9941, x22 (voice) (319) 365-9981 (fax) *** eSafe scanned this email'for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 11/15/02 NOVEMBER-DECEMBER 2002 ¢, . EXPRESS GRO moves to Monticello A home ia Monticello will be the next project under the Green Rehabilitation for Ownership (GRO) progrmn GRO provides sal~, aflrrdable housing while pro- rooting thc use of environmentally responsible conslruction techniques and prod Hots. The bungalow style home has three bedrooms and is located on a large lot. The home is structurally sound, and its current condi- tion provides the opportu- nity tbr utilizing many green building products and tech- niques. The City of Monti- cello bas partnered with ECICOG, to providing ~;ev- eral mtmicipal services dur- ing thc rehabilitation ess. These include waiving city utility fees, providing gas m~d electrical service, and assisting w/th property maintenance. EC]COG is especially appreciative office City's commihnent to the project. Rehabilitation will proceed ttn:ougb the winter, with an estimated com- pletion in early spring For more inforlnation on GRO, contact Marie DeVries (cxt 26) at ECICOG. Regional vehicle signage program implemented At its September meeting, file ECl- COG Board of Directors approved a proposal from Sign Design of Washington, Iowa, to apply the new East Central Iowa Transit logo m~d provider signage to regional vehicles. Alttmugh fl~ere arc 73 vehicles in the regional flee~, the new signage will only he applied to 14 newer vehicles Th e signage The new ECITRANSIT logo and provider signage were recently ~pplied to this vehicle utilized by xvi]l appeal on all newly purchased Washington County Mini Bus in It ~hit gton, Iowa. vehicles. ECICOG hosts statewide meetings The Iowa Association of Regional Councils (IARC) is the statcwide association for Iowa's regional plan- ning agencies. In October, IARC held training sessions for staff and a board of direc- tors meeting at the ECl- COG offices and the ttis~ tory Center in Cedar Rap- ids. Brian 7~pp (center}, executive director of the Southeast Iowa Regional Planning E~mm£~sion and IARC chairperson, conduc~s a board meeting held at the ECICOG offices Staff Notes The ECICOG Board of Directors and staffcongratulate Lisa (Carlson) Treharne, ECICOG planner, who married Tom Treharne on October 26, 2002. Tom is the Plan- ning m~d Development Director for lt~e City of Marion. Lisa canfinally use her busines., cards and agency nametag, wifich were printed earlier this year in astricipation of her marriage. Her email address, however, will stay the same lcecicog(~inav.net. lracey lX, lulcahey, ECICOG grants administrator, has become certified as a Lead Paint h~spector/Risk Assessor. Mulcahey completed 40 hours in coursework and Ilxrce w~ittcn tests to become certified. She also completed training on a Niton X-ray klourescence (XRE) machine. Calendar November 16 Reg/on 10 RPA Technical Ad~fsory Conuninee ~necting, Johnson County SEATS offices, 2000 James Street, Coral- November 26 ECICOG Board of Directors Meeting, Coral¼11e City I tall, 1512 7th Street, Coralville, 2:00 p.r~ Legislators Open House, Coralville City Hall, 1512 7th Street, Coral¼11e, 4:00 p.m. to 6:00 p.rm November 28 -29 ECICOG offices closed itl observance of I'ha~ksgiving holi- day. December 12 ECICOG SWTAC meeting, location TBA, 1:00 p.m. East Celmal Iowa Council of Govemmems. December 30 ECICOG Executive Conm~iltec Meeting (in lieu of full ECICOO board), ECICOG offices, 108 Third Street SE, Cedar Rap- 108 3'h~rd Street SE, Suite 300 ids, 10:00 a.m. (tentative) Cedar Rapids, Iowa 52401 December 25 ECICOG offices closed in observance of CluSstmas holiday 319 365-9941 January 1, 2003 ECICOG offices ch)sed in observance of New Year's e nxdl: ecicog(~ia.net Marian Karr IP21 From: Irvin Pfab [iplab@avalon,net] Sent: Sunday, November 24, 2002 9:42 PM To: Irvin Pfab Subject: 112202fw IPO FYI Housing the homeless, near-homeless, get to the heart of the problem November 22, 2002 HOUSING THE HOMELESS, NEAR-HOMELESS, GET TO THE HEART OF THE PROBLEM The question of housing the homeless and near-homeless: We need to get to the heart of the issues as to why we have increased homelessness and near-homelessness and to begin workable solutions by correcting underlying reasons. For a start: 1) Investigate and prosecute "white-collar" crime, such as real estate equity fraud through first, second, and third trust deeds and homeowner association (HOA) liens. These crimes strip families of their homes, their equity, their life savings, and often times leave the victims without resources, creating homelessness and near-homelessness. This is financial rape. Real estate equity fraud routinely fails to be properly investigated and prosecuted. Law enforcement officials for their own reasons try to shuffle these crimes off as being able to be handled through civil lawsuits. The facts, the results, and experience of crime victims speak differently. In certain States that allow non-judicial foreclosures through trust deeds or HOA liens, a situation is created with no protection of the victim's equity, and the process creates an inherent area of abuse and fraud. Quite simply, the process of "dumxnying-up" fraudulent or bogus notices is so easy a ten-year old with the right connections could implement the scheme. 2) Implemem uniformity in federal law re homeowner associations and HOA liens by formulating federal law that protects owners/members from having their life savings, their homes put at risk through the "takings" of real property by perpetrators. Only a handful of States such as California allow non-judicial foreclosures of homeo~vner association (HOA) liens with no protection of the victim's equity or investment. These non-judicial foreclosures are often times conducted through disputed, improperly noticed HOA liens, and are completed with no pre-deprivational hearing prior to the taking. This avenue of abuse, ripe for fraud, has'created an opportunity for perpetrators including homeowner association boardmembers, their unlicensed management companies, and unlicensed/unbonded private trustees to strip victims of millions of dollars through non-judicial foreclosures of HOA liens. To date, in States such as California, liability insurance carriers for homeo~vner associations (Cigna, Allstate, Farmers) have failed 11/25/02 Page 2 of 10 to pay claims to HOA lien fraud victims. 3) Institigate a plan to repay homeowner association (HOA) lien victims and to extinquish HOA liens County by County. Issue an injunction to implement this strategy, similar to the injunction issued by the Federal Court which stopped the State of California from illegally foreclosing on MediCal liens, without proper notice or a pre-deprivational hearing. If homeowner associations believe they are owed HOA dues, they can walk into Small Claims Court and collect such. 4) Investigate and prosecute "white-collar" crime re landlords and their "pack of eviction" attorneys that are filing and proceeding on retaliatory/wrongful evictions. These eviction proceedings unfairly target the POOR, the MiddleClass, the disabled, the elderly - the most vulnerable in our society. Los Angeles, California is a textbook example of this area of abuse. According to the Los Angeles Times, in year 2001 alone, 6000 families, Section 8 voucher holders were put out on the street by "the pack of eviction attorneys" and their offending landlords. The "pack of eviction attorneys" appears to have pulled in an approximate three-million dollar income stream for their efforts. Section 8 voucher holders were always protected by Los Angeles Rent Stabilization Ordinances. Even when landlords and their "pack of eviction attorneys" were informed in writing by governmental entities, such as the Los Angeles Housing Department that Section 8 voucher holders were protected, they still proceeded. It got so bad, the Los Angeles City Council and the Mayor in the early part of 2002 passed and published an emergency Rent Stabilization Ordinance to make it crystal clear that Section 8 voucher holders were and are protected. Did this stop the "pack of eviction attorneys" and the offending landlords in continuing their scheme? No. Eviction attorneys such as Deborah Friedman, Katz and Block appear to have continued to file multiple eviction proceedings and bogus notices against Section 8 voucher holders that were paying rent in an effort to add to their coffers, and to harass, intimidate, bankrupt the victims, and to detrimentally impact the tenant's ability to get any other suitable housing by impacting their credit through a national credit reporting agency: the Unlawful Detainer Registry, Inc. The landlords at the same time were routinely receiving rent payments on behalf of the subsidized tenants through governmental agencies such as the Housing Authority for the City of Los Angeles that were designed to meet the fair market rental value of the unit. Despite the fact that the total rent paid for the subsidized unit compared with other rents in a subject apartment building, the landlords targeted the Section 8 voucher holder through unfair means such as failing to do repairs unless so ordered by governmental entities. The eviction proceedings filed against tenant/victims appear to have been routinely filed against tenant/victims, who were forced to file complaints with authorities because of the landlord's willful failure to do repairs, crimes committed against the tenant, or the tenant became a target 11/25/02 Page 3 of 10 of other discriminating and unlawful conduct. This conduct may include: setting up dangerous situations by not doing timely repairs such as electrical repairs that resulted in fires and damage to the tenant's personal property; theft or vandalism of the tenant's personal property; vandalism or tampering with the tenant's car; verbal threats to the tenant; posted written threats to the tenant; religious and racial threats to the tenant; demeaning remarks re the tenant's financial status or disabilities; hang-up or annoying telephone calls to the tenant utilizing the wire services; assault/battery of the tenant; instigation of "hate-crimes" and bias against the tenant; taking pictures of a disabled tenant; placing false 911 emergency calls to the Fire Department claiming there was a medical emergency re a disabled tenant; making false defaming and slandering remarks re the tenant; making false or perjured statements against the tenant; tampering with the tenant's U.S. Mail or deliveries; interfering with the tenant's guests or professional contacts. These tenant complaints were filed with the Los Angeles Housing Department, the Los Angeles Health Department and Environmental Services, HUD, the California State Fair Employment and Housing, the police, and other relevant governmental entities and officials. The landlords and their attorneys appear to frequently threaten the tenant/victims with eviction or worse unless the tenant agrees to drop their complaints with authorities, moves out, or gives up their right to damages. If confronted in Court after filed evictions have been dismissed with or without prejudice, the tenant prevails on a non-suit or at trial, this "pack of eviction attorneys" routinely argues that Section 8 voucher holders are not protected by Rent Stabilization Ordinances, under a dubious claim of being exempt from local Ordinances because it involves a "federal contract". Thereby, the offending landlords and their eviction attorneys attempt to sustain no damages or consequences, such as paying for the tenant/victim's attorneys fees and costs. In the meantime, the "pack" rakes in the BIG BUCKS. On occasion, eviction attorneys like Deborah Friedman have filed eviction proceedings and Court papers in which the landlord, under penalty of perjury, has falsely informed the Court that certain tenants such as Section 8 voucher holders are not protected by Rent Stabilization Ordinances, knowing full well that this is false per written notices from governmental authorities. Does the State-Court buy this? It depends on the Judge or Commissioner. A tenant along with the Housing Authority for the City of Los Angeles may have consistently paid rent in a timely manner. Yet, the "eviction attorney pack", including Deborah Friedman, in conjunction with the offending landlords, will post a bogus and misleading 3-day notice to pay or quit. Typically, the landlord will try to sucker the tenant into dropping the "payment of monies" into a dropbox, in which there would be no record or receipt for the tenant's payment delivered. Routinely, it appears offending landlords and their agents refuse to accept certified mail from or to deliver receipts for payment of rent to the tenant/victim. Even if the tenant delivers the alleged amount reguested on a bogus 3-day notice and receives a written receipt for payment paid in full in front of a witness, with a demand for return of prior rent checks delivered in writing and on 11/25/02 Page 4 of 10 the face of the demanded payment check, the landlords may instead of returning the prior rent checks, try to "double-dip" by attempting to cash both the new demanded lump sum and the prior checks. Other tactics against tenants include the "eviction atttorney pack" posting additional unquantified demands for money including rent payments in which in writing they have acknowledged as received, and then utilizing such to file yet another retaliatory and false eviction proceeding against the tenant. Or if the offending landlord and their agent have accepted rent payments from a tenant and given a written receipt for payment paid in full, the landlord may a month or so later wrongfully attempt to return the tenant's rent payment to hide the fact that the rent payment was received in a timely manner and a rent receipt was delivered. This filing of false paper and misleading conduct includes eviction attorneys such as Deborah Friedman through an exparte basis obtaining orders to post unlawful detainer actions against tenants from "friendly Commissioners" without personal service. The law and Court rules state that exparte hearings are to be noticed to the other side re the time, place, and purpose so that the other side has an opportunity to be heard. The absence of such increases the likelihood that the tenant/victim will not be aware of the unlawful detainer proceeding and that the eviction attorney can swoop in to obtain a default judgment against the tenant without the tenant's knowledge. The filing of false paper doesn't stop there. On occasion the eviction attorneys in coordination with BIG INSURANCE defense attorneys, serve false documents on governmental entities and the victim in order to illegally obtain information and documentation, and to collect monies for their efforts. This includes serving false and fraudulent subpoenas that may fabricate a non-existent court case, with a non-existent court address, and a non-existent plaintiff and defendant. This is designed to further harass, intimidate, 'and to bankrupt the victim. Friedman and her client landlords brag "how they are going to make the tenant/victim homeless and how they are going to get rid of the victim one way or another". .... Their threats are played out by their actions. Friedman also brags "that she tells her landlord clients to get rid of any and all Section 8 tenants". On occasion, it appears that these evictions against tenants that are paying rent, are instigated by BIG INSURANCE and its battery of insurance defense attorneys representing Cigna, Allstate, and Farmers, that seek to harass, intimidate, bankrupt claimants or potential insurance claimants. This modus operandi appears to have been copied from insurance defense attorneys' contact and defense of real estate fraud perpetrators in instances involving homeowner associations, their management companies, and fraud through HOA liens. As one in-house Cigna defense attorney once stated when confronted with allegations of suborning perjury and other illegal conduct, "You got to do what you got to do...anything to win".... Under the new Los Angeles City Rent Stabilization Ordinances the Los Angeles Housing Department has been given new investigative powers to investigate and refer for prosecution abuses against Section 8 voucher 11/25/02 Page 5 of 10 holders. Currently the Housing Department has at least twenty complaints filed by Section 8 voucher holders against offending landlords and their eviction attorneys. These need to be collectively properly investigated and referred for prosecution. Given the publicly reported instances and on-going conduct, this is just the tip of the iceberg. 5) Investigate and prosecute the Unlawful Detainer Registry, Inc. (the U D. Registry). This is a national credit reporting agency that falls under federal law and is subject to governmental entities such as the Federal Trade Commission (the FTC). Originally the U.D. Registry was created to allegedly protect landlords from tenants that routinely failed to pay rent. It now has become an entity utilized for other purposes. At one point in time, the State of California had a statute that protected tenants from abuses of the filing of false, fraudulent, retaliatory or wrongful evictions. If the unlawful detainer was dismissed with or without prejudice, the tenant prevailed through a non-suit or at trial, the case was settled prior to trial, the eviction was not reported. But the U.D. Registry argued to the California State Court, that "even the mere filing of an unlawful detainer action is public record". This was fought by Legal Aid and other tenant advocates because it opened the doors to abuse, blacklisting, and severely impacted the ability of tenants to obtain any suitable housing. The State Court sided with the U.D. Registry. Thus, the floodgates were opened. An example of this type of abuse is as follows. One tenant/victim was referred by a California State Court of Appeal, Supreme Court clerk, a State employee, to a rental owned by the clerk's legal secretary friend. This landlord was running rentals in East Los Angeles. Just before a scheduled trial on an unrelated matter and claim, the landlord was evidently contacted by Allstate defense attorney: Pamela Cooke. Thereafter, the East Los Angeles landlord failed to do routine repairs and engaged in a pattern of dangerous conduct. Her conduct included illegally bootlegging natural gas lines from the main property to two rentals resulting in leaking fumes, sledgehammering down a protective wooden fence that protected the rental in a high-crime area, allegedly stealing one of the tenant's cats and shortly thereafter placing a dead cat minus its tail under the tenant's unit. When the Los Angeles County Health Department and Building and Safety became involved, it was discovered that the landlord was running illegal rentals. The Sheriff's Department advised the tenant to get a restraining order against the landlord to protect her safety. The referring State-Court clerk showed up in Court with her friend and the State-Court Commissioner refused to issue a restraining order. The State-Court clerk also threatened the tenant that if she proceeded in complaining, she would pay a heavy price and would be punished by the Court. Disregarding the fact that the tenant was paying rent and had a receipt, the offending landlord filed a frivolous eviction proceeding against the tenant/victim based upon a bogus 3-day notice to pay or quit. The tenant and her attorney went to Court. The landlord was joined in Court by the Allstate defense attorney, Pamela Cooke, who bragged "how if they weren't able to evict the tenant immediately, they would do it later". Although the Court Commissioner, opined that "he had never seen such a proceeding", the Court failed to dismiss the action and forced the tenant to go through a 11/25/02 Page 6 of 10 costly, time-consuming, damaging Court proceedings. In the process, the offending landlord evidently for the purposes of BIG INSURANCE defense attorneys on unrelated claims, engaged in a pattern of discovery including propounding false admissions that had no relevancy to the East Los Angeles proceeding. The East Los Angeles Court refused to allow the tenant to have a jury trial although that right is mandated by law. The East Los Angeles landlord at the time was allegedly delinquent on her trust deed payments on her property, delinquent on her Allstate car insurance payments, and was even delinquent on her loans re personal property. Yet, mysteriously at time of trial, in stepped an ex-East Los Angeles Court Commissioner to represent her. It is estimated his fees would have been approximately two thousand dollars. At trial, the landlord and her attorney persisted in a line of questioning of the tenant/victim that had no relevancy to the immediate case, and which were questions of benefit only to the Allstate and Cigna defense attorneys and their employers regarding her substantial claims. The Judge allowed this to proceed. Upon conclusion of this questionable solicitation of testimony and evidence, the Judge called the parties into her chambers. In chambers, as everyone knew from the start, the Judge opined that the offending landlord could not prevail on 3-day notice to quit or pay, when no rent was owed. However, the Judge opined that the tenant/victim would only get a dismissal with prejudice if she agreed to move out of the illegal rental or the offending landlord would file yet another frivolous unlawful detainer action. Eventually, the initial case was dismissed with prejudice in favor of the tenant. The tenant adamantly upheld her right to proceed for damages. Can a landlord legally collect rent on an illegal rental that has been determined to be such by governmental authorities? The East Los Angeles offending landlord appeared to have sustained no damages or consequences from governmental authorities for the fact that she was running and collecting rents from illegal rentals, had violated numerous Codes, had created dangerous safety hazards, and had apparently engaged in criminal conduct. The abuse and fraud against the tenant/victim did not stop there. The filing of this offending landlord's unlawful detainer action was reported to the U.D. Registry, Inc. Did the fraud and misrepresentation stop even at the reporting level? No. The U.D. Registry intentionally and with malice reported that "the tenant had made a complaint and had to move per a Los Angeles City Ordinance". The subject property was not even in the Los Angeles City jurisdiction, instead it was part of Los Angeles County. Upon being contacted by the tenant/victim, the U.D. Registry refused to remove the erroneous national credit reporting, refused to report the tenant's comments, and refused to even disclose the source of this erroneous reporting. The U.D. Registry, Inc. routinely appears to refuse to remove the national reporting of filings of unlawful detainer actions against tenants that are past the seven-year window, to correct its reportings, to publish tenant comments and corrections, or to even disclose the source(s) of the reported information. Further, the U.D. Registry systematically publishes the offending landlords' telephone numbers, which opens up additional doors of defamation and slander against tenant/victims. The impact of these U.D. Registry reportings is significant, particularly in a tight rental market and the affordable housing crisis being experienced in all of our major cities. Tenants that are given 11/25/02 Page 7 of 10 "letters of recommendation" from offending landlords that have filed evictions or who have been given "letters of recommendation" from employers can't obtain other suitable housing. Thus, as expected these tenant/victims join the ranks of the homeless and near-homeless. Then add to the mix, the U.D. Registry decided to take their "blacklisting" venture to new avenues. This national credit reporting agency then began publishing the names of parties that were named vexatious litigants by the Court, proclaiming that these parties had filed frivolous actions This reporting impacted the victims in and out of the State-Court setting, their ability to obtain any credit, jobs, or opportunities. Just as with non-judicial foreclosures through homeowner association (HOA) liens that provide no protection of the owner/member's equity, investment, or life savings, these vexatious litigant statutes are prevalent in only a handful of States: California, Texas, Florida, Hawaii, and Ohio. Originally touted by powerful interests and BIG iNSURANCE, under the quise of tort reform, this "blacklisting" frequently targets "whistleblowers", parties that disclose corruption and intrinsic and extrinsic fraud in the State-Court system, disclose real estate fraud perpetrators, or parties that go up against BIG INSURANCE and their well-connected insurance defense attorneys. These statutes raise questions about meaningful access to the Courts, First Amendment issues, as the parties, at least in the Los Angeles County Court system that appear to be targeted are the POOR, the MiddleClass, parties that qualify for Court-issued fee waivers, and parties that simply can no longer afford the high cost of legal representation. Many of these Court orders naming parties vexatious litigants appear to have been obtained at the request of BIG INSURANCE and their insurance defense attorneys in which misinformation was given to the Court, intrinsic or extrinsic fraud was committed, the Court wrongfully counted cases against pro per parties in which the party was represented by counsel or that the cases were still pending, the Court failed to disclose that the Judge had a conflict of interest such as owning stock in a corporation sued by the claimant, or the State-Court may have been trying to coverup its own corruption and "mistakes" done in conjunction with and for the benefit of powerful interests such as BIG INSURANCE or real estate fraud perpetrators. 6) Re-institute statutes that protect tenant/victims from abuse by landlords and the damaging reporting of evictions filed. 7) At the federal level, ban vexatious litigant/litigator statutes in the interest of uniformity of law, fairness and equity. If Court cases are deemed not to be viable, these cases can be dismissed with or without prejudice or a motion for summary judgment could be granted. Ban the blacklisting of the national reporting of parties named vexatious litigants or litigators by the U.D. Registry, Inc. Extinquish the vexatious litigant label from the heads of the victims. Beyond the inequity and injustice, "white-collar" crime is a cancer that eats away our socioeconomic framework. With no sustained consequences, it grows to all our detriment. 11/25/02 Page 8 of 10 Focused efforts must include elected and appointed officials at all levels: the City, the County, the State, and the Federal. The PEOPLE in their own self-interest must be involved and must hold their elected and appointed officials accountable. WE will not be able to stop or limit homelessness or near-homelessness until we get to the heart of the causes and until we have the resolve, the courage, and steadfastness to implement positive changes. POORPOWER, Copyright 2002, All rights reserved. November 21,2002 Officials Tour Cruise Ships in a Search for Shelter Space By LESLIE KAUFMAN http://wwwmyfimes~com/2002/11/2 l/nyregion/21HOME, html http://www~governing~com Lack from a tour of luxury liners retired off the Bahamas, the city's commissioner of homeless services said yesterday that after inspecting the ships to see if they could be used as shelters, she was encouraged by what she saw. Describing the trip as exploratory, the commissioner, Linda I Gibbs, said the ships "might be the next best thing" as an alternative solution to housing the city's record-high homeless population. The idea of turning a former cruise ship into a shelter for homeless families was generated by the mayor's office, officials involved in the discussions said. Word of the plan first appeared Tuesday night on WNBC-TV. Ms Gibbs made the round trip to Freeport, in the Bahamas, with the mayor's chief of staff, Peter J. Madonia, and Virginia Roth, deputy commissioner of the Department of Citywide Administrative Services, which handles purchasing for the city. They used Mayor Michael R. Bloomberg's private plane. The officials inspected three boats during the visit: The Rotterdam, The Big Red II and The Big Red III. Boats by that name were once registered to Premier Cruise Line, a company that offered luxury cruises off Florida and is now defunct. Ms. Gibbs said, however, that the city was not considering those boats specifically but just wanted to see whether the idea to use them as shelters had any viability. Among her top concerns was the cost of converting such ships to meet the needs of the homeless population. "We would have to remove bars and discos which are inappropriate for a shelter," she said. "But that is not insurmountable because not too much of that stuff is built into the infrastructure." 11/25/02 Page 9 of 10 By contrast, the private quarters on the ships are often designed for families and have private baths. "In many ways they are ideal," she said. Currently, there are some 36,000 individuals using the shelter system, severely taxing its capacity -- the city is compelled by court order to shelter anyone who is homeless. As the numbers have risen and the options have narrowed, the city has been forced to look to expensive alternatives, like converted hotels and market-rate apartments. Last summer, the city even placed families overnight in a former j ail while they awaited more permanent shelter assignments -- an effort criticized by advocates for the homeless as callous and unsafe. In theory, cruise ships could be adapted to handle the overflow families who had been sent to the former jail, whose use was discontinued in September by court order. And the use of ships could be less politically charged than the use of shelters on land, which frequently draw protests from reluctant neighbors. James Anderson, a spokesman for the Department of Homeless Services, said the city was "keeping a very open mind about how these facilities could be used. We are thinking extremely creatively about options." The city has turned to its waterways before when its buildings on land have become too crowded. In 1989, when an steep increase in drug arrests filled Rikers Island to overflowing, the city used converted troop ships to house inmates. The practice was popular with inmates who bragged about "living large on the barge," but it was expensive and it was discontinued when jails became less crowded. Copyright 2002, New York Times City to Pay Millions To Homeless Forced To Sleep in an Office (September 20, 2002) $ Shelters Seek to Oust Families Who Keep Rejecting Housing (September 16, 2002) $ Cuomo Spends Night at a Homeless Shelter (August 24, 2002) $ For 2 Stepsisters, 2 Choices on Homelessness (August 23, 2002) $ Find more results for Homeless Persons and New York City. Alyce Vrba, CEO POORPOWER, Property Rights Power P.O. BOX 351513 LOS ANGELES, CA 90035 (310)229-5252; (509)693-1335 http://www~pt~orpower.or~g E-mail: j usticewon(&~hotmai!.~om 11/25/02 From Council Member Vanderhoef POLICY ]INFORM IER National League of Cities November 2002 section, decidiug existing policy is adequate. The committee received information at both conunittee meetings on the federal tax and budget issues. This final issue ,of the Policy Informer summarizes the Preemption of Municipal Authority by International work of NLC s seven steering committees in 2002 Agreements and highlights their recommendations to their respective Building on the policy completed last year by NLC's policy committees for their consideration at the Congress Community and Economic Development (CED) of Cities in Salt Lake City, Utah. If you have any Committee, the FAIR Committee is proposing additions questions, or desire more information ou any of the to existiug policy statements on purchasing, rights-of- following, please contact NLC's Policy Office at (202) way, and takings that oppose federal preemption in each 626-3176 or email bates~nlc.org, area. The additions will ensure that NLC policy is opposed to such preemption even if it occurs iudirectly FINANCE~ ADMINISTRATION~ through international agreelnents. AND INTERGOVERNMENTAL Other Proposals Support for legislation to require the federal government = RELATIONS (FAIR) to withhold local wage or income taxes from its employees is another proposal the committee will present. Currently, the federal government will not withhold from its employees unless there are more than 500 federal employees in the taxing jurisdiction. Another policy mnendmeut, originally advanced by the City of Greenbelt, Maryland, will urge that all cities be enabled to seek reimbursement for legal fees when the jurisdiction prevails in a law suit against the federal government. The four areas choseu for the 2002 FAIR policy Resolutions agenda by the FAIR Policy Committee at the In its year-end review of expiriug resolutions, the Congressional City Conference last March were: possible committee decided to let the current resolution on issuance of federal debt to increase investment in local respouses to September 11th lapse while continuing to infrastructure; e-Commerce; t~deral tax and budget issues; monitor the financial status of airport bond issues. The and the preemptive i~npact of international agreements on committee is recommending that the resolution supporting municipal authority, legislative and fiscal autonomy for the District of Infrastructure Investment Columbia be incorporated into policy. The resolution on After extensive discussions, the committee is the posthumous award ora Congressioual Medal of Honor to Doris Miller, the committee asked that NLC leadership recommending policy amendments which support accelerated and increased federal funding of existing write a letter to federal leaders ou this specific issue. infrastructure assistance programs in times of serious The committee also discussed three resolutions submitted recession or inflation, for consideration. The items will go forward for FAIR e-Commerce Policy Committee cousideration unless withdrawn by the The committee is recommending revised policy language sponsors. The items are: support of the Census Bureau's that more simply and directly reflects NLC's views on the American Community Survey; support for the Federal issue of remote vendor collection of sales and use taxes. Home Loan Banks to provide insurauce for tax-exempt The committee is also recommending a statement bonds; and support of NLC policies on e-commerce. The advocating federal payments to local govermnents and committee also renewed, with modifications, one states for every year that federal legislation is not euacted resolution. to correct the problem. Renew: Federal Tax and Budget Issues The committee is proposing no policy changes in tiffs Energy, Environment, and (EENR) #2002-1 I Sufficient Fund for Clean-Up of Estuaries and Natural Resources Bodies of Water Committee Leadershio :New~. Chatr: Joseph A. Moore, Alderman, 12hicago~ IlL i Vice Chairs: New: Opposition to Specified Proposed National [Lorraine Andemon, Environmental Policy Act Exemptions Joe I. RaSco, At ~ts March meeting, the EENR Policy Committee Community and Economic ~elected Clean Air issues, critical infrastructure Development (CED) security, and review of the National Environmental Policy Act (NEPA) for steering committee evaluation and policy development. Clean Air Issues A special Task Force was appointed in March to address this issue. The steering committee is recommending new policy language based on the Task Force's research and recommendations. The language includes support of an air quality control strategy that strengthens the existing Clean Air Act Amendments by regulating all coal-fired power At the direction of tbe CED Policy Committee, the plants and oil refineries. The policy also underscores the ~steering committee drafted policy on (1) economic need for continued regulation of mobile sources, including development, (2) affordable housing, and (3) the diesel-buruing engines. NLC's existing global warming Community Development Block Grant. The committee policy was also rewritten, also completed the process of reorganizing and streamlining the CED chapter of the National Municipal Critical Infrastructure Security The steering committee studied securing water and energy Policy (NMP). infrastructure, including nuclear facilities, and has Economic Development recommended that a new section entitled "Security of In light of the "hodge-podge" of federal economic Critical Infrastructure" be added to the EENR Chapter. In development programs, the committee drafted policy that addition to specifying policies for energy, nuclear and supported federal economic development programs that water infrastructures, the language also asks the federal are (I) flexible; (2) less burdensome to use; (3) directly government for technical and financial assistance for local funded to cities; (4) reliable and timely; and (5) aid cities governments to prepare for security breaches, in the attraction, retention, and growth of local business. National EnvironmentaIPolicy Act (NEPA) Review The committee also drafted policy to aid local After lengtby discussions on NEPA, the steering communities negatively affected by international trade. committee voted to add a new section on NEPA to tbe Affordable Housing existiug "Environmental Quality" section, which the The steering committee drafted policy on a variety of steering committee also streamlined, housing-related topics, such as rehabilitation of current Resolutions housing, effects of gentrification, mold prevention and EENR currently has six resolutions set to expire in remediation, aftbrdable bousing for senior citizens, December 2002. The steering committee has provision ora permanent source of funding for affordable recommended 4 of these for renewal, one for expiration, housing and the relationship between housing and welfare and one incorporated in policy. In addition, the steering policy. committee has recommended adoption of 2 new Community Development Block Grant resolutions. The com~nittee reviewed current NLC policy pertaining to Renew: the Community Development Block Grant (CDBG) program. The committee drafted policy opposing a Bush Administration proposal that would alter the current :, CDBG distribution formula to reduce the size of grants to communities with per capita incomes more than two times #2002-7 Water Infrastructure Financing Policy htformer Page 2 Noventber 2002 the national average. The committee also expressed prevention; (3) fatherhood iuitiatives; (4) populations with opposition to legislation sponsored by Rep. Carrie Meek significant barriers to employment; (5) transitional jobs; (D-Fla.), which would cbauge the CDBG requirements to and (6) miuimum wage. The cmnmittee also drafted an ensure that communities receiving CDBG use sucti funds HD Resolution on the upcoming reauthorization of the to benefit only Iow- and moderate-income families. Workforce Investment Act (WIA). CED Reorganization Early Childhood Development The fall meeting in Laramie was the cuhnination of the The committee drafted language oil parenting, child care, committee's hard work to reorganize and streamline the Head Start and early Head Start. The committee also CED chapter of the National Municipal Policy (NMP). drafted comprehensive policy in support of federal Under the leadership of CED Vice Chair Dave Senjem, funding for local parenting programs aad strengthened Council Member from Rochester, Minn., the CED current language in support of increased funding for the Reorganization Subcommittee took ou tbe task of Child Care Development Block Grant to guarantee "child reviewing tile chapter in depth and making it easier to care for all families who need it." read. Health Resolutions Because nine milliou children are still uninsured, the CED curreatly has thirteen resolutions that are set to committee drafted policy in support of health iasurance at expire in December 2002. The committee is birth sponsored by the federal government. The recomlnending that six resolutions be incorporated in the committee also supported ~nore funds for outreach and 3~lional Municipal Policy, two resolutions be renewed, education to uninsured families about Medicaid and the two resolutions expire, and three resolutions be referred to State - Children's Health Insurance Program (S-CHIP). the Public Safety and Crime Prevention (PSCP) In light of the pending nursing shortage, the committee Committee. The committee is also recommending two also strengthened lauguage to encourage Americaas to new resolutions submitted by New York City on the join and remain in the nursing profession. HOME Partnership Program and on the Section 8 voucher program. Public health Preparedness - Bioterrorism Renew: The committee drafted language iu support of a new federal block grant program to aid cities in disaster planning and iufi'astructure building to enhance local public health systems across the country. This improved public health system would assist in preparing against a #2002-23 Historic Homeownership Assistance Act bioterrorist attack or any other circumstances with mass casualties. New: Section 8 Voucher Program Cross-Cutting Issues The committee also made sure to include other Ituman committees' cross-cutting issues in its agenda, including a Development (HD) review of a letter from the CED Committee Chair aud another letter from the Public Safety & Crime Prevention (PSCP) Committee Chair. Resolutions HD currently has five resolutions that are set to expire in NaneY~ December 2002. The committee recommends that two resolutions be incorporated in the National Municipal L Policy and three resolutions be renewed. In addition, The At the direction of the HD Policy Committee, tbe HD Steering Committee voted to endorse, with one steering committee drafted policy on (I) welfare techuical amendment, the welfare reform policy stateme'nt reform, (2) early childhood development, (3) children's submitted by the National Black Caucus of Local Elected health, and (4) public health preparedness. Officials (NBC-LEO). The committee also discussed the Connecticut Conference of Municipalities and Welfare Reform Middletowm CT policy amend~nents, deciding to endorse In light of the pending reauthorization of the Temporary special education language aot already included in the Assistance for Needy Family (TANF) block grant, the policy. committee drafted welfare reform language on six issues: (I) marriage promotion; (2) teenage pregnancy Po/icy Informer Page 3 November 2002 Renew: transportation system, including assets such as bridges, ~200i-26 SuPP°rtingthe ReauthoriZati6n °i~ANF tunnels, roadways, transit and other public transportation systems, and operations facilities. The new policy states #2002-27 Supporting the School-to-Work Opportunities that federal agencies must assist local governments by Act(with minor modifications) sharing informatiou, intelligence, technology, and best : ' : practices and by providing adequate funding lbr these #2002-29 Federal R¢im~rsementto LocalG0~¢mments for spee[a[ Edueati6n vulnerability assessments. TEA-21 Reauthorization New: Welfare Reform Policy Statement by NBC- The TEA-21 Task Force, which was appointed in 2001, LEO continued researching policy issues related to NeW: WorkforcelnvestmentACt(WiA) : : reauthorization throughout this year. The task force : ReauthOriZation recommended new policy to support indexing the gas tax, , : with lilnitations, to the consumer price iudex. Transportation Infrastructure Resolutions and Services (TIS) *Is has six resolutions set to expire in December 2002. Two of these are recommended for incorporation in policy this year. The steering committee is also recommending that two of the remaining resolutions be renewed. In addition, the steering committee has recommended one new resolution. Sandy Greyson, ~ Renew: U 'nder the direction of the TIS Policy Committee, the #2002~27 ~erai Pteempti0n 0f~a! AuthoritY steering committee researched and evaluated four issues for policy develop~nent this year: Amtrak Funding, #2002-29 Addressing the Federal Railroad Aviation security, surface transportation security, and the Administration's Proposed Rule Affecting reauthorization of the Transportation Equity Act for the Municipal Whistle Ban Ordinances 21 ~ Century (TEA-21 ). Amtrak Funding After studying this issue, tbe steering committee is recoinmending new language that urges the federal government to investigate options for a long-term funding M Public Safety and Crime mechanism for passenger rail. In addition to adding this Prevention (PSCP) new language, the steering committee's recommendations include streamlining the existing "Rail" section of policy. Aviation Security The steering committee drafted a new section of policy on aviatkm security, to be included in the current "Air Transportation" section. This new section urges the federal government to assess the vulnerabilities of the aviation system to further terrorist acts and to develop The Public Safety and Crime Prevention (PSCP) responses capable of addressing those threats. New ISteering Committee finalized its policy agenda for language also opposes continued diversion of Airport 2002 and developed new policy on the importance of Improvement Program (ALP) funds for aviation security early childhood education, public safety technology, racial measures, and urges the federal government to reimburse profiling and emergency management policy. airports for costs associated with compliance with mandatory security upgrades. Early Childhood Education The proposed policy emphasizes the importance of quality Surface Transportation Security early childhood education as a deterrent to crime. It The steering committee has recommended a new section separates the policy into two separate sections on early that urges the federal government, iii cooperation with cbildhood education and adolescents. The committee is local governments and transportation system operators, to also recommending to incorporate the existing resolution assess the vulnerabilities of tbe entire surface on media violence in this section. Policy Informer Page 4 November 2002 Public Safety Technology New: Restore Funding for the State Alien The proposed amendments to tile public safety technology Assistance Program policy' include urging tbe federal govermnent to couduct a uational iuventory of all records information systems and integratiug these into one composite system; the use of Information Technology and technology in surveillance activities and balanciug these Communications (ITC) activities with civil liberties and liability issues; and developing guidelines for the use of iuteroperable CommitSgeLead~rShip equipment. Chair:: Profiling and Immigration Chris Ferrell, Council Member, Nashville, Tenn. The committee approved expanding policy regardiug profiling in a new section. Tile policy emphasizes the vice Chai~: Vicki Barnett, CounCil Member, need fo,- full federal funding for training and education, Farmi~gtonmU~,~Ch' standards for profiling training set by the federal government and guidance on data collection. The policy [Dennis Kavanauglii¥iceMaY0r, Mesa, Arlz. also stresses the importance of commuoities and states adoptiug policy on profiliug while touching on civil ~'-~able TV regulation, spectrum management and liberties and liability issues. The committee also indicated ~rights-of-way issues were tbe three policy issues its desire to look more closely at the immigration issue assigued to the ITC Steering Committee by the ITC Policy next year. Committee. Review of Emergency Preparedness Policy Cable Concerns The committee conducted a comprehensive review of the The committee performed a detailed review of the ITC PSCP policy as well as other policy chapters to ensure that all NLC emergency preparedness policy addresses the Policy Chapter. Tbe committee worked to streamline and uuiqueuess of terrorism. Tile PSCP policy uow also reorganize tile existing policy to better reflect current concerns, particularly' about cable. The policy now more emphasizes the importance of federal funds coming to clearly focuses on federal policy issues of importance to cities as quickly as possible, municipalities. Resolutions The committee reviewed tbe six resolutions that are set to While the committee focused on traditional areas of cable expire at the 2002 CoC. It recommended incorporating concern such as pricing and franchise administration, it two in permanent policy; renewiug two aud letting two also identified uew areas for committee attention next year expire. In addition, the committee is recommending seveu including: (1) the method of describing and regulating new resolutions for 2003. iuformatiou services and whether such a federal regulatory Renew: category should even exist; (2) the ability of non- commercial radio stations to takeover radio frequencies #2002-40 M, long held by translator sites for other non-commercial Hazard StUdy stations and (3) defining bigb-speed, broadband and high capacity cable. #2002 - 41 National Strategic Counter-Terrorism Plan Rights-of-Way and Spectrum New: Study ofB6anty H~nters In the area of rights-of-way, additional language and a reorganized structure are both recommended. In tbe area New: Natioual Standards for Integrated Justice of spectrum, the major objective of policy amendments is Information Systems for federal actions to more effectively support public New: RestruCture of the E~tradifi0n P6iicy safety uses of the spectrum. Between Mexico and the United States Resolutions New: Support of the AMBER Alert System The committee reviewed four resolutions that will expire this year and decided to recommend incorporation of the New: Restore Fundlng0fthe L°ca[ Law issues in policy statemeuts. The committee will also be Enf°rCementBl°ckGrant : recommending policy positions on enhanced 911 on wireless phones and federal actions to assure spectrum for New: Restore Funding of the Edward Byme State public safety commnuications. No new resolutions are and Local Law Euforcement Assistance being recommended. Grant Program Polby' lt~/brmer Page 5 /¥ovember 2002 gue o~f~Ci~i~s , 79th Congress of Cities & Exposition FOIIAM IICA'SCITI NLC's policy committees will meet during the 2002 Congress of Cities on Wednesday, December 4th at the following times: 9:00 a.m. CED, FAIR, PSCP and TlS 1:00 p.m. EENR, HD and ITC ~PSCP: Kat~ (202) 626~30~ ITC ancl F~IR: Doug Peterson, :$e~i (202) 626-31751' E;m~il: HD and CED (202, EENR and TIS: Joanna Liberman~ Senior Policy ~4t!a!yst (202) 626-3042; :E-mail: Hberman(~nlc~org Policy Informer Page 6 November 2002 IP23 CORALVILLE Please Join Us ... RRTIRF. MENT RRCEPTION FOR Afl!ts M. Hannam, MMC December lO, 2002 5:00 P.M.- 7:00 P.M. Coralville City Hall 1512 7th Street Coralville, IA 52241 MINUTES Approved CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE IP24 FRIDAY, AUGUST 30, 2002 - 9:30 A.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Dee Vanderhoef, Ernie Lehman and Ross Wilburn MEMBERS ABSENT: None STAFF PRESENT: Steve Nasby, Steve Atkins, Karin Franklin, Tracy Hightshoe OTHERS PRESENT: Vanessa Miller, Iowa City Press-Citizen; Joe Raso, ICAD; Irvin Pfab; Frank Gluck, Iowa City Gazette Call to Order: Mayor Lehman called the meeting to order at 9:31 a.m. Approval of Minutes of June 20, 2002 and August 1, 2002 The June 20 minutes should be amended as follows: on page 2, 3rd paragraph, 2® sentence, should read: "Lehman clarified the issue by stating that the property had been sold to UAY..." Minutes approved. Discussion and Recommendation -TIF Request for Plamor Redevelopment Proiect Nasby said that Gerry Ambrose purchased the Plamor Lanes building (1555 1st Avenue) and adjacent parking .lots, and is looking at redevelopment into commercial uses. He said that Ambrose has requested that the City enter into a TIF agreement for the development, which would be very similar to the Sycamore Mall project. Nasby gave a brief overview of the Sycamore Mall TIF Agreement and noted that the Sycamore project included a requirement that the improvements to the property must be at least 15% over the existing assessed value, and that this language will be included in the proposed Plamor project. He added that there were also occupancy requirements. Nasby said that the existing Plamor building on the property is about 23,000 sq. ft., and the applicant plans to add another approximately 4,600 sq. fl. in another separate building. In response to a question from Lehman, Nasby said that the tax rebate term on Sycamore was 100% for 7 years, only on the increase in value due to the improvements; the existing underlying value would remain as the base. In response to a question from Vanderhoef, Nasby advised that the current assessed value of the Plamor project site is about $972,000. Franklin advised the TIF would be on the entire area, including the existing building and the parking lots, which are not the same parcels. Lehman asked if there are other options as far as the length of time. Nasby said that the TIF district had a 20-year maximum. Lehman clarified that the TIF could be up to 20 years or anything less. Wilburn asked if the City plans to do a percent occupancy requirement. Nasby advised that there is a certain amount of leasable square feet, and the requirement would be 75% or 80% of the leasable space. Atkins said that they are trying to match as closely as they could to the Sycamore Mall agreement. Franklin said that, as an example, it was 65% leased by November of 2003; 75% by November of 2004; 80% by November of 2005, and then until the end of the rebate period, which was 7 years on Sycamore. She said the TIF will be similar to Sycamore, but the dollar amounts will obviously be less for this project. Franklin reminded the committee that there is a memo in their packet that addresses the Sycamore tax estimates for the upcoming year, including the increase in assessed value and taxes, as well as the taxes that are actually paid beyond the rebate. Nasby said City Council Economic Development Committee Friday, August 30, 2002 - 9:30 a.m. Page 2 that the estimated tax was $355,000, and the rebate was about $150,000, so they will pay $205,000 in taxes. He said that the last tax bill before the Sycamore TIF project was $163,000, so there is an increase of $43,000 in taxes paid even after the TIF rebate. Wilburn asked how the value of the current property was prior. Nasby said that in the last two years it has been $750,000 and $754,000, so it has been fairly even. He said that the last time an assessment was done, the bowling alley was in operation. Vanderhoef asked if they were still thinking that roughly $1,000,000 would be the base figure. Nasby and Franklin stated that was true. Franklin advised that the parking lot has to be part of the base because the new building will go on the parking lot area, so the entire land has to be included in the TIF. She advised that the estimated investment would be $1.2 to $1.5 million. Nasby passed around plans for the proposed improvements. Lehman said that, in his opinion, Sycamore was a badly impacted property and needed a lot of attention. He said he does not feel quite as strongly about this property, and wondered if the TIF could be for a period of less than 7 years. He said he agrees a TIF could be used, but does not feel this property is in as bad of shape as Sycamore was. Nasby outlined the concept of the new building shown on the plans. The new building will face First Avenue, with a unit placed diagonally on the corner. Franklin advised there is a storm sewer easement in the area, and the applicant needs to build around it. Franklin said the agreement would include the requirement that a site plan for the whole project be submitted, and the City will be looking at layout, landscaping and the entire plans. She said that the plan for the new building was done separately because they need to get a building permit to get going on the project for a tenant that wants January I occupancy. Franklin said that there would be windows on the building with the new project, which will give it a whole different feel. Franklin said that they could approach the applicant about a five-year term. Lehman stated he does not want to hurt the development. Vanderhoef said the City does not have a guideline for sizes of projects. She said that Sycamore was a larger project with a lot more potential for dollars changing, and 7 years was more appropriate. She said this is a much smaller project and wonders if it warrants having the same length of time. Franklin said that this is a tax rebate; the rebate is only on the increment in value and only on what they pay. She said a smaller project would have a proportionately lower amount because they pay less. She said the length of the rebate is the time where you require the occupancy. Atkins said he would encourage the staff to be consistent when working with potential projects. Lehman said he looks at the TIF as a tool to see something happen in a fashion that would not otherwise occur. He said that he feels there was a significant amount of money invested in Sycamore that would not have been invested in absence of the TIF. He said the whole area is significantly more economically viable than two years ago. He said this project is in the same area, and is not nearly the economic problem that Sycamore was. He said he is not opposed to giving some TIF as encouragement for development, but is not sure the need is similar. Franklin said that when a decision was made to have a district for TIF, the City said there is a need in this whole area for upgrade. She said it would take various forms. Vanderhoef said that when the district was made, the Council was looking at the whole area, and the viability is gauged by the whole area. She said the area needs some upgrade. Wilburn said that this type of improvement might be a nice cap to the Sycamore area and the strip mall. Vanderhoef said it was almost like an anchor store with Sycamore at the other end. Vanderhoef suggested that staff and the developer look at some type of walkway to connect the mall. City Council Economic Development Committee Friday, August 30, 2002 9:30 a.m. Page 3 Wilburn said he would like to go forward with the TIF, but not at a level fewer than 5 years. Atkins advised that if they want a 5-year plan, they need to go back to talk to the applicant. Lehman said that he wants to encourage development, but feels there is a decent rationale for a 5 year. Hightshoe asked if the committee would be interested in a 7 year with a declining balance. Atkins asked for some latitude in discussions with the applicant, with an eye to shortening up the TIF, either by shorter term or declining balance. Lehman said that the traffic generated by the present condition of the Sycamore Mall makes this a far more economically viable project than the Sycamore Mall was at the start. Vanderhoef said that if you look at just the property itself and compare just to the property of Sycamore. However, if she is looking at her TIF district and what she's trying to have happen in the area, she feels this warrants more possibilities. It was concluded that staff would talk with Ambrose regarding declining balance or shorter-term plans. Discussion - Review of Current Zoninq (North Dodqe Street Area) Nasby said that he and Vanderhoef met with Bill Robertson at the Dodge Street HyVee, and he expressed some interest in the areas around the store regarding zoning and what may potentially open up with the First Avenue extension and Scott Boulevard. Staff advised they would look at the zoning to see if there was something proactive they could do to encourage development in the northern area. Nasby advised that he sent Robertson a letter with a map showing the current zoning and what the Northeast District Plan and the North District Plan show. Franklin advised that the North District Plan map shows a lot of the area is zoned commercial around HyVee. She said that the corner of Dubuque Road and Dodge Street, and the corner of Conklin and Dodge are not currently zoned commercial. She said there is one piece of C1-1 zoning where the Mayors Youth Employment Program's office is located. She said that is probably not appropriate for the long run. She said there is some commercial that allows residential above, in an attempt to contain the commercial around the Dubuque Road/Dodge Street intersection. She said Southgate owns property from the Mayor's Youth west to Conklin, and are interested in having that commercial. She said that part of this is timing; there is no reason they couldn't do some zoning changes to carry out the plan. Lehman said that they should talk to Roberts Dairy; there may be issues there regarding zoning. Atkins said there had been conflicts with the water tower, but they have been resolved. Franklin said they are up to residential to the north. She said she was not at the meetings for the North District Plan, but that the relationship between the dairy and the people who live to the north is kind of strained. She said they seem to have reached equilibrium over the years. She said that the area around St. Clements has a lot of homes owned by the dairy and leased. Franklin asked if Mr. Robertson's goal was to get more commercial or to get more residential to be customers. Vanderhoef felt it was commercial, to bring more people to the shopping area. Franklin said that HyVee is in the neighborhood commercial; and the south side of Dodge Street is zoned CC- 2, community commercial, but it is a small strip in terms of depth and doesn't allow a lot of development for commercial purposes. She said that with the reconstruction of Dodge Street, it might become more attractive because it should be easier to maneuver on Dodge Street with the left turn lane and the signalization of Prairie du Chien. Franklin said that in terms of planning for the Dodge Street corridor, they have tried not to have Dodge Street become a commercial corridor. Nasby said that he feels Robertson envisions more of a "Walden Square" commercial type of development. Franklin said that the properties on St. Clements are all on septic, not City sewer. She said that just west of HyVee is their stormwater detention basin, which does not make for getting any kind of easy interface between the two. She said that the only option currently is to do a rezoning on the corner. She feels the owners are in favor of that. Atkins said there was a housing project proposed there a City Council Economic Development Coratmttee Friday, August 30, 2002 - 9:30 a.m. Page 4 few years ago that met with lots of opposition. Lehman said he feels resistance to commemial will be significantly less than the housing project. Lehman asked if they could require a buffer zone, RS-8, in any commercial rezoning. Franklin said they could, but she felt that would meet with more resistance from the people who live there. Vanderhoef said that she doesn't feel that the piece behind the HyVee will ever be anything more than multi-family. Atkins reminded the committee that their agenda is economic development, and any rezoning issues will need to go through Planning &Zoning. Franklin said that this carries out the plan, and one of the things they have talked about was doing the zoning prior to getting an application to carry out the district plans. Vanderhoef asked about the RS-8 property next to the cemetery. Franklin said they have some property that is zoned RM-12 but there is no infrastructure in place, and it requires sewer and a read. She said it is before the P&Z now and is looking at a downzoning. She said the staff is recommending ID-RS zoning because the infrastructure is not in place. She said the situation that would be before the committee is a family dispute. Vanderhoef wondered if this land would be better suited for use in the cemetery. Franklin said it is very hilly. Discussion - Continuation of Visits to Local Employers Nasby said that the committee has completed the first round of visits to major employers. He reminded the committee that they had asked at the June meeting what the next level would be to expand the visits. He provided a listing of business with number of employees, and suggested that the committee start with businesses containing 50-99 employees. Franklin said that in visiting businesses, it makes sense to try to focus on those in which they can have an impact. She questioned whether visiting the VA or Post Office makes sense due to time constraints. Atkins said that contrary to his understanding and that part of the idea behind the visits was to express their interest in business and show the City's appreciation. He said the intent was to hit as many businesses as they could over a reasonable amount of time. Nasby noted they had a good visit with the VA, and it was well worth going to. Vanderhoef said that just goodwill at the Post Office was worthwhile. Vanderhoef suggested they include the next tier of businesses. Lehman stated that there might be issues with people they visited before that they need to maintain contact with. Nasby said he would start lining up visits. Update - Enqlert Theatre and Vision Iowa Fundinq Nasby said that the Englert Theatre went to their meeting in August in Des Moines before the Vision Iowa Board. He said the Board quickly recommended moving the Englert on to the next round, which is negotiation for the Community Attraction and Tourism money. He said Mary Ellen Chamberlain was very helpful. He said the next meeting for the Englert was scheduled for September 11 in Des Moines to begin negotiations. Lehman said he felt they put things together extremely well and have done a good job with the Vision iowa Board. Update - Outreach to Potentially Displaced Businesses Nasby said that they sent letters to businesses in the Coralville Industrial Park, beginning in June and July. He said they sent letters to landowners first, then to tenants. He said they got responses from two owners and two tenants looking for assistance to locate space or what financial incentives might be available from the City. He said the businesses are waiting for Coralville to make a move. Atkins stated that our contact with these businesses was with Coralville's blessing and it would be a win-win for both communities. City Council Economic Development Committee Friday, August 30, 2002 9:30 a.m. Page 5 Other Business Memorandum on CDBG Use for Early Childhood Education Centers Nasby said that Early Childhood Education Centers would be an eligible use for use of the Block Grant Funds from the sale of 64-1a. He said they would have to meet the HUD guidelines for use of the funds. Lehman said he would be interested in pursuing a recommendation to Council that funds be used for that project. Vanderhoef said that the daycare provider needs to know for their planning how many Iow income households they may be serving in this childcare, so she would like to move forward with this. Lehman suggested they run it past Council. Franklin said that typically with CDBG funds, it would go through a process with HCDC and a recommendation would be made to Council. She said then that money would be opened up to anyone who could submit a qualified CDBG application. She said the City has applied for CDBG funds before. She said that the committee could: 1) fold this into the allocation process that begins in January and February in anticipation of the $250,000; 2) they could do a separate allocation process if they wanted to for the $250,000; or 3) Council can decide that they want to use this money for a specific project. She said they are not technically compelled to take it through HCDC. Lehman said that if the Council feels this is an appropriate allocation of the funding, they are creating potential problems by sending it through the committee. Vanderhoef said that if Council is not interested in childcare, there are two or three other community projects they might want to earmark the funds for, but the childcare is her highest priority. Lehman asked that it go on the Council agenda. Wilburn asked for a reminder list of the highest priority needs. Memorandum on the Use of RISE for Economic Development Nasby said that a memorandum was in the packet from Jeff Davidson, JCCOG Executive Director. He added that they could use these funds for economic development projects that may come up. Atkins said that staff's long-standing policy is to go after grant money if they know it is out there. Vanderhoef stated that the Camp Cardinal Road area project will have some commercial value, and perhaps it fits into creating jobs or getting people to their jobs. She wondered if the City would be eligible for some dollars there. Atkins said he would check. He said it certainly hits on some major transportation issues. Franklin said that the argument they would have to make is that the economic development is in the housing industry, which might be a little tough. Vanderhoef wondered if it could be tied together with the fact that they are connecting the two projects - Coral Ridge Mall connecting with the Iowa City component of other jobs. Vanderhoef also said the Mormon Trek Extension should be considered also. Atkins said they have plans to pursue that. Adiournment The meeting adjourned at 10:29 a.m. shared on cityntlpcddmmutes/ecodevledcO8-30-O2doc IP25 PATV Board of Directors Meeting 206 Lafayette Street Thursday, Sep :t9, 2002; 7:20 PM 1. Call meeting to order (Slightly delayed as Secretary used programming to fix slight problem in word processor for minute taking). Present Michael Bell, John Carhoff, Jack Fuller, Steven Newell, Tom Nothnagle, Mike Petersen, and arriving at 7:35 is Phil Phillips 2. Consent to Agenda: Consented unanimously. 3. Approval of August minutes: Discussion of grammar ensued. It was debated as to how much grammatical review should go into these notations prior to presentation before the Board and for the consideration, also, of who reads this in the consideration of the professionalism of this corporation. After some discussion of the policy governing how the minutes are produced it was pointed out by the Secretary that changes to wording of the minutes on grammar reasoning should not change any content of meaning without prior review by the person to whom those lines entered are made to represent. The Board Chair indicated that through the history of PATV some secretaries have had their own style in these minutes which is legitimately so in some considerations. The Secretary said that he brings a word processor to the meetings and reads back the notations as best formatted in as brief a time as possible toward the end of the meetings to try to keep them true to the meanings of commentary made during that meeting. This is his effort to make the notations as close as reasonable to the spirit and intent of the participating persons at the meeting. It was agreed that if this is done as a policy it shows reasonable effort to deliver true and correct minutes. But the goal of good grammar is both positively respected and a resolved goal of this Board Secretary and the criticism is recognized as well intentioned and reasonable. The minutes were moved to be approved by Hike B. and 2nd by Jack F. as amended. 4. Old Business: None. 5. Short public announcements: None. 6. New Business: None (See Reports). 7. Reports: ICTC: None. Committees: Executive: (1) Director's Evaluation process: Discussion ensued on how procedurally to survey the actively participating Producers and PATV membership, as well as achieving fullest feedback from the Board. It was mentioned that last year only three Boar~l eva!uatiorts w.ere inputted to the process. The three designs of forms for the process were discussed and generally it was agreed to actively seek a broad and full feedback process for this project this year. Outreach and Fundraising: (2) Mike P. suggested we should begin in full the process of identifying two persons to be appointed to the Board of Directors as recommendations by the current Board as the meeting in November will be upon us soon. Phil P. explained that historically there would be one nomination from the floor of the general membership in attendance and then two recommended persons from the Board so as to make three nominees for the placements to the Board of Directors this November. It was agreed that Board members will begin to look and share ideas in this matter. Phil P. also mentioned that the ByLaws Committee report dated April 18 and also ByLaws Committee staff minutes dated May 30th, 2002 that if the ByLaws are made clear it would be that any Board Member who has served their full term, may become reappointed after a three month hiatus if no one else is nominated and qualified by process to take the open posiUon upon the Board. Treasurer: Mike P. pointed out that we are at the level of 62 per cent of the budget and this is 66 per cent of the year in the process so the budget is doing good. Some of the expenses are higher due to first time costs opening up new office space. There is some money in the tax part of the budget shifting due to other considerations with our new location however the tax exemption status that will soon be in affect will clear up this consideration in the budget at yea~s end. Management: Mike P. read a written report submitted by Rene P, who could not attend this evening. It will be attached to this notation for the next meeting. 8, Board Announcements: Tom N. informed that the "Battle of the Bands" event achieved a benefit of 850.00 in funds for PA'I'V after expenses to the event were completed. Discussioin ensued about holding a "Silent Auction" for art soon and various Board members agreed to get involved in planning on that project. 9. Adjournment: Motion made by Phil P, and 2nd by 3ohn C. at 8:23 PM Notes by SN Agatha (Agatha Belaya) born 1975, is a native of St. Petersburg (Russia), the former capital of pre-Soviet Russia, a beautifid ci~.' with deep artistic traditions that go back to the middle ages. Agatha's oJficial career as an artist started at IO years of age, when she enrolled in the secondary school specializing in art. After graduation she was admitted to the Academy of Fine Arts' named after the famous Russian painter Ilya E. Repin. This is the oldest Russian art institute, where many outstanding Russian painters come jkom. She graduated from the Academy last year as the top student of the monumental art studio headed by academician Mylnikov, who was awarded the oj)~cial title of "Distinguished Painter of Russia ". As the best student, upon graduation she received a speeial grant: an art studio (assigned to herjbr three years), where she can continue working. Agatha works with multiple media: she participated in the team that painted murals Jbr the newly restored Cathedral of Christ the Savior in Moscow and itt Kutxk (Russia). She also works with ceramics, mosaic, stained glass, silk; fine drawing, but herjbvorite is oil on canvas. The work presented at this exhibit covers the span of many years, including some of Agatha's high school works, as well as the more reeent ones. Agatha's art has been exhibited in the Russian Union of Artists, at the Academy qf Fine Arts, in St. Petersburg and Moscow, and in Maasrticht (ttolland). Some of her works are in the private collections in America, Italy, Germany, ,lapan and llollat~d. MINUTES PRELIMINARY ~ P~~26 HOUSING AND COMMUNITY DEVELOPMENT THURSDAY, NOVEMBER 21,2002 - 6:30PM CIVIC CENTER-LOBBY CONFERENCE ROOM Members Present: Lori Bears, Amy Correia, John Deeth, Morgan Hoosman, Matthew Hayek Members Absent: Jerry Anthony, Mark Edwards, Rick House, Jayne Sandier Staff Present: Tracy Hightshoe, Stephen Long, Steve Nasby City Council Members Present: None Others Present: None RECOMMENDATIONS TO CITY COUNCIL 1. To recommend to Council that each housing project, except minor home repairs, funded with CDBG and/or HOME funds must appraise to value by an independent third party appraiser. If costs exceed the appraised value, the applicant must repay the City the difference. The recapture amount would not exceed the amount of the City contribution~ 2. To modify the HCDC ranking sheet to give more emphasis to private funds along the following scale by percentage: 0 to 25% of project cost in private funds, 0-2 points 26 to 50% of project cost in private funds, 3-4 points 51 to 75% of project cost in private funds, 5-6 points 76 to 100% of project cost in private funds, 7-8 points CALL TO ORDER Amy Correia called the meeting to order at 6:30 PM. APPROVAL OF THE OCTOBER 17, 2002 MINUTES MOTION: Hayek moved that the minutes of Oct 17, 2002 be approved as submitted. Bears seconded the motion. Motion passed 4-0-1 (Deeth abstained, as he was not present at last meeting). Correction noted but not in minutes: Iowa City does have an Inclusionary Zoning Housing Provision in the PRM (Planned High Density Multi-Family Residential) zones near the Downtown area. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA None. MONITORING REPORT Free Medical Clinic - Case Management (Sandier) - Sandier reported that the Clinic receives an $18,000 grant and the money is divided equally per month. The Case Manager position is partially funded by this grant and the remainder is paid with the Clinic's funds. HACAP - Douglas Court (Bears) - The Douglas Court property has been purchased. The property will serve as transitional housing. Some rehab on the property is currently being done. Hannah's Blessing - Daycare Expansion (Hoosman) - The expansion is almost done and is planned to be open by January. Hoosman will follow up with more information at next meeting. GICHF - Acquisition & Rehabilitation (Correia) - This is a carry over project from 2000 for Iowa City and Coralville. The money received was only used on the Iowa City projects. They have acquired 9 units in Iowa City, all are occupied and all have been rehabbed. There is some money left over from the original allocation and approval has been received to do some rehabilitation on some of the older units. In terms of the whole project, 16 more units will be acquired in Coralville. The funding for these units will come from The State of Iowa and the City of Coralville. REVIEW AND DISCUSS FY04 FUNDING PROCESS TIMELINE Correia began by asking for comments from other members. Bears noted that everyone seemed to like the way it was done last year but if more applications are received that the meeting should be broken into 2 days. Also, to tell applicants that there is not as much money available as last year so they can be prepared. Housing and Community Development Minutes November 21, 2002 Page 2 Discussion of time allotments per applicant and dates of meeting were discussed by committee. Correia summarized the discussion. The meeting for Funding will be on Thursday, February 20, 2003 and if the number of applicants exceeds last year, to tentatively schedule Wednesday, February 19, 2003. Because the applicants are to summarize their requests on the grant applications, the Commission members can ask fairly direct questions thus limiting each presenter to 5 minutes. The amount of time can be extended for a more complicated application if the Commission deems necessary. APPROVE FY04 CDBG/HOME APPLICATION FORMS Correia summarized discussion of Application Forms by concluding there were no responses from last years applicants when asked for ideas on improvements, and the current application seems to be suitable for both applicant and Commission. It was noted that there is a staff analysis of each application prior before it is submitted to the Commission. The Commission requested the Applicant Guide include the 30% level of median family income. They also requested to include a statement in the Applicant Guide encouraging those activities under CiTY STEPS that have not been funded to the level as suggested in the 5- year allocation plan. MOTION: Deeth moved to approve the current Housing and Non-housing application forms. Hoosman seconded the motion. Motion passed 5-0. OLD BUSINESS Housinq Criteria - Recommendation to Council Correia stated the City Council is looking for guidelines in determining owner equity investment, private funds, cost per bedroom, and cost per unit standards. Tracy Hightshoe presented information she researched on what other HOME Entitlement communities in Iowa use as criteria. The conclusion was that these communities do not set specific criteria in order to allow them the greatest amount of flexibility when reviewing each project. Basically each project is reviewed to meet the end goal: provide the least amount of public assistance to make a qualifying project viable. Regional state housing authorities (IA, IL, NE, MO), that administer Low Income Housing Tax Credits for private developers and some non-profits, have much more stringent guidelines. There was discussion by all members on how Iowa City can determine its own criteria based on the information presented. The Commission discussed the need for flexibility as many different proposals come to them and how to look at them objectively. Corriea suggested if a cost per unit standard be adopted that it be different for zones within the City. Several commission members agreed with the suggestion but were concerned on how the cost per unit standard would be calculated and that it would be difficult to administer or would be inconsistent depending on the type of project being proposed. Following more discussion staff was asked if they had any thoughts or ideas. Nasby said that staff had talked about this issue and had one suggestion that would allow HCDC to maintain flexibility and treat all projects the same; this suggestion was that a completed project must appraise for value and could be done by a third party independent appraiser. This way the Commission would not be locked into a set cost per unit or cap. Hayek noted that this idea would work with inclusionary zoning. It is too hard to divide the City into zones to determine the value of each individual project. The idea would also be much easier administratively. MOTION: Hayek moved to recommend to Council that each housing project, except minor home repairs, funded with CDBG and/or HOME funds must appraise to value by an independent third party appraiser. If costs exceed the appraised value, the applicant must repay the City the difference. The recapture amount would not exceed the amount of the City contribution. Bears seconded the motion. Motion passed 5-0. It was noted that the reasoning for this approach is: it secures the City investment in each project, allows flexibility, provides objective measurement, ease of administration, and does not discourage investment in any part of the City (does not inhibit scattered site housing). Housing and Community Development Minutes November 21, 2002 Page 3 Correia noted that the Council needs a recommendation for amount required for owner investment in housing. Discussion among members on amounts/percentages, profit vs. nonprofit and what constitutes public vs. private funds. Consensus to not put specific criteria on amount of owner equity, but to encourage the use of private funds through the ranking sheet. MOTION: Deeth moved to modify the ranking sheet to give more emphasis to private funds along the following scale by percentage: 0 to 25% of project cost in private funds, 0-2 points 26 to 50% of project cost in private funds, 3-4 points 51 to 75% of project cost in private funds, 5-6 points 76 to 100% of project cost in private funds, 7-8 points Hoosman seconded the motion. Motion passed 5-0. The Commission recommended these changes for this upcoming funding cycle. Next year, they would like to review the changes made and determine if additional changes or modifications are necessary. RECAPTURE FUNDS POLICY - RECOMMENDATION TO COUNCIL MOTION: Hayek moved that this item, the Recaptured Funds Policy be tabled until the next meeting, December 19, 2002, due to number of committee members absent. Deeth seconded motion. Motion passed 5-0. UPDATES ON THE CITY STEPS HCDC RECOMMENDATIONS Hightshoe said that the Council did not accept the HCDC recommendation regarding the Economic Development set-aside. UPDATE ON THE REVOLT CDBG ECONOMIC DEVELOPMENT APPLICATION Nasby noted that this application was approved by the Council for a $12,500 grant that was contingent on Revolt Skateboard Shop getting a Targeted Small Business Loan from the State. ADJOURNMENT MOTION: Hoosman moved to adjourn meeting. Deeth seconded motion. Motion passed 5-0. Meeting adjourned at 8:39 PM. **THE NEXT MEETING IS SCHEDULED FOR DECEMBER 19, 2002.** shared on citynt/pcd/minules/hcdc/hcdcl 1-21-02.doc PRELIMINARY/DRAFT MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY, NOVEMBER 14, 2002 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Mark Anderson, Alan Ellis, Baron Thrower STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Anderson called the meeting to order at 5:47 p.m. APPROVAL OF MINUTES: The minutes of the October 10, 2002, Commission meeting were approved with two corrections. On page 2, paragraph 4, Nichols was misspelled. On page 2, paragraph 4, Dulek received another address from the Post office, not from Nichols. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to pay the bills. Ellis seconded the motion. Mascari asked what the repair bill was for the NDB? O'Neil said it was for parts and repair. Mascari said he thought the Commission had decided not to maintain the NDB if any significant repairs were needed. O'Neil said the Commission had not made that decision. He will bring the issue to the Commission before making any other significant repairs. The motion passed 4 - 0, with Robnett being absent. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park 1. Iowa Realty November report - Tracy Overton introduced his boss at Iowa Realty Commercial, Scott Byers. Byers was invited to the meeting to answer any questions the Commission had about the leasing market. Ovedon said he was still negotiating with the possible tenant for lot #17. He said he was hopeful to receive an offer on another lot on the north side of Ruppert Road. Overton said there has been discussion with a potential tenant for one of the lots on the south side of the read. There is an interest in the lots from a sales perspective. Mascari asked Byers what has changed from the original presentation made a year and a half ago that has made it more difficult to lease the property? Byers said there were several factors. One was the interest rates. Commercial interest rates are down so much that buyers are willing to borrow money to purchase instead of lease. Land leases are not the norm in the Midwest. People would rather own property, rather than lease. Also, the downturn in the economy has had a chilling effect on the market. Mascari said he has read that construction and real estate has not been affected by the economy. Byers said that is true for single-family residential, not commercial. Ellis asked what hasn't been done yet to market this as aviation property. Byers said that ] they have targeted the regional market, but have not tried to attract buyers on a national level. Byers said they are open to suggestions. He said he doesn't know how effective a national advertising campaign would be. Ellis said he thought the Commission knew going into this project that it was a five to ten year project. Byers suggested a longer-term lease might be beneficial. He said he thought it would be helpful to have a 99-year lease. He said the Commission should explore having the area designated a TIF district. The Commission discussed advertising costs with Byers and Overton. Overton said that even if they could attract an aviation business to locate on one of the south lots, the Commission would have to have funding to construct access to the runway system. 2. Other issues - Because the lending rates have dropped, Ellis suggested the City should look at refinancing the bonds used to pay off the infrastructure. Ellis said he still preferred not to sell any property. He said that needs to be discussed with the Council. Mascari said he thought the Commission's decision to look at selling the property was a big factor in the Council's decision not to move forward to get rid of the Commission. Thrower said one of the reasons the Commission invited Byers was to give the Commission some new ideas for marketing the property. Byers said his marketing based on selling the property was new because the Commission had only recently given them direction to sell the parcels. Thrower suggested Overton and Byers present a marketing plan to the Commission next month. Overton said that until they officially are given to permission to sell, he would not be comfortable marketing the property for sale. Dulek said the sales agreement would be between Iowa Realty and the Council, not the Commission. Ellis said this should be a major topic when the Council/Commission subcommittee meets. Byers said he feels the sale or lease options will give them a more level playing field. Dulek said there has been no response from Rob Nichols on lot #10. His lease will terminate at the end of November. Ellis said the Commission should pursue the back rent owed to them. Mascari wanted to know where the Commission was in relation to the FAA waiver to sell the property? O'Neil said the plat has been revised and was on Planning and Zoning's schedule. It would then go to Council. O'Neil said changing the south property line was the major FAA objection. O'Neil said he and Overton met with a contractor that has a large amount of fill dirt to dispose of. He would sell it to the Commission for about $1 per cubic yard. Overton said a few cents per square foot could be added to the selling price to pay for the fill. O'Neil said he has discussed this with the City Manager. O'Neil said there is a project at the University of Iowa that may have some free fill material. O'Neil said that if the free fill is not available, the Commission should negotiate with the other contractor. The contractor said he would not charge the Commission until the lots were sold. The Commission directed O'Neil to negotiate for fill material for the ACP. A landowner by outlot B would like a long-term easement from the Commission for the property that borders his. In exchange for the easement, he would maintain the Airport property and provide landscaping. The easement would allow him to expand his parking lots. O'Neil will put this on the agenda for a future meeting. 2 b. Environmental Assessment - Dick Blum, from H.R. Green, said the EA is going forward on several fronts. One of the next tasks is to do several soiling borings to look for archeological remains. He said some areas of the Airport would need to be temporarily closed while the soil sampling is being done. c. Airport Layout Plan - Blum provided Anderson with four copies of the ALP for him to sign. They will then be forwarded to the FAA. Ellis said the FBO would need to know when the drilling is scheduled. Blum said the approach slope on Runway 25 will be shown as 34:1. He said a Iocalizer is shown on Runway 07. Mascari said there had been some discussion in the news media about whether or not Dane Road needed to be closed and he asked Blum if he would explain why it is being closed? Blum said that Dane Road is on the western part of the ALP. It runs through an area west Of Runway 07, a little over 700' from the current runway end. It goes through the Obstacle Free Area and through the Iocalizer critical area. The Iocalizer is for the precision approach on the approach end for Runway 25. Blum said not closing Dane Road would functionally reduce the length of the runway. The runway threshold on Runway 25 in being displaced because Riverside Drive is within the Obstacle Free Area. The amount it is being displaced on the east end is being added to the west end. If Dane Road is not closed, the published length of the runway would be much shorter. The published length is one of the things pilots look at to determine if they can safely land in Iowa City. Mascari made a motion for a resolution to accept the Airport Layout Plan update. Ellis seconded the motion. At roll call vote, the motion passed 4 - 0, with Robnett being absent. d. Obstruction Removal project - Dean Beranek and Cathy Weikel, from Stanley Consultants, presented information concerning the project. Weikel said they had reviewed the original list of obstructions. She said they did a field survey of all of the obstructions and plotted them on a map. Several obstructions were eliminated from the original IDOT list. The list is reduced to about 70 obstructions from the original list of 160. Beranek said photos were taken of all the obstructions. He had a notebook with all the photos available for the Commission to review. Weikel said that in some areas, the obstruction list listed "tree". In some of those areas, there are multiple trees that are obstructions. Depending on the height of the tree, it will probably have to be removed instead of trimmed. Beranek said that he found that some of the obstructions were already lighted. He said he would assume that if they already had lighting, that they meet FAA lighting standards. Mascari wanted to know if there were any obstructions that can not be fixed. Beranek said there were no obstructions that could not be mitigated, assuming the Commission had enough funding. The Commission discussed several obstructions, including the Old Capital Building, the flag pole on the Johnson County Courthouse, and the sign and lights at Hargrave-McEleney. Beranek said there are some legal questions that need to be resolved. The Zoning Ordinance needs to be interpreted by the City Attorney's office. O'Neil said Stanley should provide a list of the prioritized obstructions, including mitigation costs and a list of the owners of the obstructions. There was discussion concerning the United hangar. O'Neil said the building is considered an obstruction. The question is whether the building will be moved or demolished. Mascari wanted to know how far south it would have to move before it would no longer be an obstruction. Beranek said he would try to calculate that. O'Neil asked that Stanley get the revised obstruction list to him by December 9. e. Building E, meeting room policy- Terry Kruse, from the Civil Air Patrol, introduced himself and two other members of the CAP. He said they had an interest in the meeting room because they have been using it for their monthly staff meetings. He said he had no problem with the new policy except for the security charge for meetings after the normal building hours. He was hoping the Commission would wave the fee or allow them to supply their own security for locking the building. He said he would also like to discuss establishing a wing of the Civil Air Patrol in Iowa City. Kruse said Iowa City is centrally located in their region. One of the members is a police officer and could provide building security. The Commission discussed what type of security person would be accepted to make cedain the building is locked. Some of the suggestions were someone who was bonded, a sworn officer, or military personnel. Kruse said the role of the CAP is changing and may be more involved with Homeland Defense. He said they have trained in Iowa City and would like to discuss locating the CAP wing in Iowa City. The Commission was in agreement that this should be pursued and they would see what it would take to provide a permanent home for the CAP. O'Neil and Dulek will amend the proposed policy and have it on the agenda for the next meeting. f. Gurnett lease - Anderson said that the only item left in question was the premise liability insurance. O'Neil included an e-mail from the City's Risk Manager that said the insurance language had been resolved. Mascari made a motion for a resolution to accept the three- year lease with Don Gumett. Thrower seconded the motion and at roll call vote, the motion passed 4 - 0, with Robnett being absent. g. Strategic planning - subcommittee report- Thrower said there is a proposal in the packet from Airport Business Solutions to assist the Commission with strategic and business planning. He said he thought the proposal was complete. The cost to the Commission would be $15,000. O'Neil said he discussed the proposal with the City Manager. O'Neil said the Commission has budgeted in the FY 2004 budget for consulting fees for the strategic plan, but that budget does not begin until July 2003. O'Neil said the Commission wanted to have a draft plan completed by February 2003. Mascari suggested requesting the money from Council so the Commission could get started right away. Thrower said he has discussed this with the Mayor and the Mayor is aware that the Commission would need funding for the project. Anderson will send the Mayor a letter, requesting funding. CHAIRPERSON'S REPORT: Anderson said he read an article about an airport in Colorado where the community received a large grant for projects at the airport. The main focus of the article was how important a general aviation airport is to a community. Dulek suggested sending a copy of the article to the City Manager to put in the Council packet. Anderson asked O'Neil if he knew the grounding cable was broken on the 100LL pump? O'Neil said it had been repaired recently. He would check tomorrow to see if it was broken again. Anderson asked about lights for the wind tee? O'Neil said the Commission would need to install a new line if they wanted lights at the wind tee. The old line is grounded out somewhere. COMMISSION MEMBERS' REPORTS: Ellis said a study was just published that reviewed the economic value of general aviation. It shows the value of the time lost waiting for commercial service flights, as opposed to using general aviation. In Iowa, that amounted to over $23,000,000 last year. He said some of the information in the executive summary could be sent to the City Council. Mascari said it is impodant to go to the Council. He thought it is important that at least two members go and the Commission should rotate members. Mascari asked who hit the keypad for the north access gate? O'Neil said he noticed it had been hit right after the contractor who is installing the fiber optics cable was finished working in that area. He has informed the contractor that he needs to fix it, ADMINISTRATIVE REPORT: O'Neil said he has had several requests for a wash area like the Commission used to provide. This was discontinued when the water line to the United hangar broke This is something the Commission may want to discuss before next Spring. Termination letters were sent to several hangar tenants that did not provide all the information needed for the October 1 lease. The City Accounting Department will begin billing for the t- hangars on November 1, 2002. Their system is not set up to charge daily interest as is required in the lease. An executive session will be scheduled at the next Commission meeting to discuss how the Commission wants to proceed with the Rob Nichols contract default. A final summary invoice and letter was sent to Double Chek for the fuel site. O'Neil said someone from Double Chek was suppose to be at this Commission meeting. The replacement filters from Double Chek have not arrived. O'Neil will hold the final payment until he receives the filters. The FAA has sent a notice, requiring all pilots to carry a photo I.D. information about the Iowa City Airport can be found at airnav.com/airport/kiow O'Neil said he is in the process of selecting an engineering company for the Vertical Infrastructure Program grant. O'Neil said he met with Casey Cook to discuss a clarification on the appraisal for the Aviation Commerce Park. O'Neil circulated a letter from Casey Cook, concerning the cost of the last appraisal update. O'Neil said he met with Blum from H.R. Green to discuss the projects they are working on for Iowa City and to get an update on when they expected to complete the projects. 5 O'Neil said he met with the City Manager and the Finance Department to discuss the budget proposal submitted by the Commission. As soon as the City Manager has a recommended budget for Council, O'Neil will send a copy to the Commission. The Council/Commission budget meeting is scheduled for January 28, 2003. O'Neil circulated a copy of part of the plans for the Mormon Trek South project. He explained that the project is to be bid in March 2003, with construction next summer. He said the plan called for paving up to Willow Creek, directly west of Runway 36. Grading for the rest of the road to Riverside Drive would be done with Phase 1 of the project. Grading through the RPZ for Runway 36 would meet safety standards. The rest of the road would not be paved until all the improvements were made to Runway 07/25. Mascari said the runway would not be closed and the road completed until the Runway 07 project is completed. Ellis asked if the Airport is being compensated for the Airport property where the road is being installed? O'Neil said this issue has not been discussed. O'Neil said there would be some security issues. The runway would have to be closed while construction is going on. Mascari said the FAA might require the Council to compensate the Airport for this property. O'Neil said this might be an issue the ACP subcommittee could discuss. It is an issue that is similar to land use in the ACP. Sometime in January of 2003, there will be a 300' construction crane at P & G for a few days. Jet Air is negotiating a contract with Hertz to have rental cars available at the Airport. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for December 12, 2002,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:31 p.m. Mark Anderson, Chairperson ,~ 12-05-02 MINUTES PRELIMINARY/DRAF IP28 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 13, 2002 - 5:00 P.M. CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: Mike Paul, Dennis Keitel, Vince Maurer, Eric Gidal, T.J. Brandt MEMBERS ABSENT: None STAFF PRESENT: John Adam, Sarah Holecek OTHERS PRESENT: Gerry Ambrose, Greg McDonald, Keith Gerling CALL TO ORDER: Chairperson Brandt called the meeting to order at 5:02 P.M. ROLL CALL: Maurer, Keitel, Brandt, Gidal, Paul present. CONSIDERATION OF THE SEPTEMBER 11, 2002 BOARD MINUTES: Motion: Paul moved to approve the September 11, 2002 minutes. Gidal seconded. Motion carried 5-0. SPECIAL EXCEPTIONS: EXC02-00019. Public hearing regarding an application submitted by Gerry Ambrose for a special exception to allow a drive-through lane and window for a redevelopment project in a Community Commercial (CC-2) zone at 1601 South First Avenue. Adam stated that the applicant is redeveloping existing parking at the former Plamor Lanes. He said that one of the proposed uses would be a dry-cleaner on the west end, which would have a drive through window. He said that the special exception is required, as this is an auto- and truck-oriented use in a CC- 2 zone. He said that the Board would consider possible effects the proposed use may have on surrounding traffic, as well as how the drive-up impacts internal circulation on the lot. Adam corrected the record to state that since the time the application was made, the Engineering Department has assigned permanent addresses for this property, to be 1621, 1641, 1661 and 1681 S. First Avenue. Adam stated that the proposed group of uses are not unusual to the area. He said that the auto-oriented use will be well screened and located behind the buildings. He said that staff has considered pedestrian traffic in assessment of this development, and has spoken to the architect about providing a pedestrian connection to the building. He said that a revised plan, connecting this to the pedestrian access ramp that was in front of the building, was provided to staff late today, and he provided that to the Board. Adam stated that the development will replace a large parking lot, forming a more continuous, urban line along First Avenue and will not diminish property values in any way. He said that staff does not feel this will impede development of surrounding properties. He said the applicant and the neighboring property owner have signed a utility and shared access easement agreement. He said that the west curb cut is existing and is used as egress only from 1705 First Avenue currently. He said the agreement states that sharing access will improve circulation between the two properties. Adam said that, in staff's view, this only works if a two-way flow is possible between the two properties. He said that after some discussion with the applicant, he was able to speak with the neighboring property owner and a verbal agreement was made to re-stripe the parking lot so two-way traffic is possible for 1705 S. First Avenue. He said he is expecting an agreement in writing from Dave Cahill, the neighboring property owner. Iowa City Board of Adjustment Minutes November 13, 2002 Page 2 Adam said that staff has concerns that queuing problem could arise at the western driveway because it would be emptying 1705 First Avenue as well as this proposed development. He said it will also be the natural route for the drive-through. He said that staff has suggested to the architect that driveway be expanded to 32' to allow two lanes exiting, one with a dedicated right-hand turn lane and the other with a dedicated left-hand turn lane, and one lane for ingress to the property. He said that this change was included on the new site plan provided to the Board. Adam said that traffic counts at Varsity Cleaners, who have a drive-up window. He said the numbers were not large, averaging to about one car every six minutes. He said staff is satisfied that with the current orientation there would not be a large problem with stacking. Adam said that except for the specific regulations applicable to the special exception, the proposed development does conform to the requirements of the zone, including parking, landscape and dimensional requirements. He said the proposed use will be consistent with the Comprehensive Plan in that it supports commercial development. He said the applicant has done a fairly good job of providing landscaping, pedestrian amenities and so forth. Adam said that staff recommends that EXC02-00019, an application for a special exception to establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone be approved on condition that the parking lot on the neighboring property at 1705 S. First Avenue is re-striped to allow two-way traffic flow prior to the issuance of an occupancy permit for the proposed development; that a pedestrian connection between the sidewalk and the proposed structure is provided; and that the western driveway is widened to contain painted, right-turn only and left-turn only exit lanes if so doing can be accomplished while still meeting their tree requirements and having the pedestrian connection mentioned above. He clarified that since the applicant has demonstrated that can be provided, the last clause starting "if doing so" can be deleted. In response to a question from Gidal, Adam said that he had looked at the site plan and spoke with staff in Housing Inspection Services, and that the property at 1705 First Avenue has a 22-1/2 feet aisle, with 60a parking that is angled. He said that with a 22-1/2 feet aisle between them, they would be able to reorient the half against the building in the other direction to allow two-way traffic. In response to a question from Brandt, Adam stated that the parking proposed along the old Plamor property will be shared parking, which was accounted for during site plan review. Public Hearing Opened Gerry Ambrose identified himself as the applicant and presented himself for questions. In response to a question from Maurer, Ambrose said that the proposed project is almost directly across from the Eastdale Plaza entrance. Public Hearin.q Closed Motion: Keitel moved to approve EXC02-00019, an application for a special exception to establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone at 1621 - 1641 - 1661 - 1681 South First Avenue, subject to the following conditions: 1) that the parking lot on the neighboring property at 1705 S. First Avenue is re-striped to allow two-way traffic flow prior to the issuance of an occupancy permit for the proposed development; 2) that a pedestrian connection between the sidewalk and the proposed structure is provided; and 3) that the western driveway is widened to contain painted, right-turn only and left-turn only exit lanes. The motion was seconded by Paul. Findinqs of Fact Paul said he would vote in favor of this application. He reiterated that Mr. Ambrose has met the general standards for special exception review requirements as stated by staff. He stated it won't be detrimental or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development of surrounding properties. He said there are Iowa City Board of Adjustment Minutes November 13, 2002 Page 3 adequate utilities, access roads, drainage, and so forth, and adequate measures have been taken to provide ingress and egress and to minimize traffic congestion on the streets. He said this application conforms to the applicable regulations or standards of the zone in which it is located and it is consistent with the Comprehensive Plan. Paul congratulated Mr. Ambrose in taking another step forward on the southeast side and feels it should be a great addition. Maurer said he would vote in favor for the reasons stated by his colleague. Keitel said he would vote in favor. In response to a question from Keitel, Holecek confirmed that the special exception is not use-specific and will run with the land. Gidal stated he would vote to approve for all the stated reasons. Brendt said he would vote in favor for the previously provided. The motion passed on a vote of 5-0. EXC02-00020. Public hearing regarding an application submitted by Greg McDonald for a special exception to reduce the required front yard setback and to allow dwelling units above the ground floor of an office/retail use for a redevelopment project in a Community Commercial (CC-2) zone at 230 Kirkwood Avenue. Adam said that the corner at Gilbert & Kirkwood has long been occupied by a small building in the midst of a large parking lot. He said the owner has offices across the street and wishes to build a new facility containing offices with dwelling units above. Adam said there are two special exceptions to consider in this case: 1) the reduction of setback along Gilbert Street and Kirkwood Avenue; 2) the addition of dwelling units above the ground floor of a commercial use in a Community Commercial zone. Adam stated that this application meets the general standards. He said that, of the two special exception requests, the only one that might be worrisome would be the setback reduction. He said that staff does not feel that is a cause for concern in this case. He said there are similar setbacks, as well as smaller setbacks, in the downtown area; this type of urban redevelopment pattern is favored by staff to increase density in an area where more housing closer to campus is favored. Adam said that surrounding properties allow a mix of uses by special exception, similar to what the applicant is requesting, and the permitted uses in the other zones or surrounding zone do not produce negative externalities that might lead to possible conflicts between the proposed use and any future development in the area. Adam said that staff has worked with the applicant to correct a few minor deficiencies that were perceived in the site plan, and staff is satisfied that the proposal now conforms to the requirements of the zone. Adam stated that the Comprehensive Plan calls out consideration of compatibility of less intense uses such as dwelling units above a commercial use in this type of zone. He said this area is not the most beautiful, but it is slowly redeveloping. He said staff feels this proposal is another step in that direction, giving a more urban feel, creating a market base to demand different types of uses in the development of this area. Adam said that the specific standard of density of dwelling units has been met. He said this development is not being overwhelmed by the housing aspect of it. Adam stated that the unique situation here is that a few years ago the frontage on Gilbert Street was reduced by 10' in anticipation of a future need to widen Gilbert Street. He said that effectively moved the setback to 30' from what it had been before. He stated that if the applicant had developed the property before that, this exception would not have been necessary. Adam said that, at staff's suggestion, a sidewalk along the north side of the building was added and some parking reconfigured to increase the Iowa City Board of Adjustment Minutes November 13, 2002 Page 4 number of full size spaces and to create space for required parking lot trees. He said that the building would need to be moved 6' into the Kirkwood Avenue setback to accommodate this. He said that the Board has the old site plan that does not show these improvements, and showed what the shift would look like on the overhead. Adam said that the reduction along the Gilbert St. frontage would be 3', or 15% of the required 20' setback; along Kirkwood the reduction would be 6' or 30% of the required 20' setback. He said that staff does not feel these are substantial as to be dangerous to traffic or pedestrians. He said this is a controlled intersections. He stated the building across the street is right along the right-of-way line, which is not ideal in this case. He said that with the proposed development there is substantial setback remaining. Adam referred to the staff report, wherein he stated that the capital improvements program project for the widening of Gilbert is unfunded. He said that he had been told that in 3-5 years this may be funded; however, the director has advised him that may be an ambitious estimate at this time. He said when the time comes the City may wish to obtain more right-of-way along Gilbert Street. He stated that last time this was up before Council, they voted to take the right-of-way from the other side of Gilbert Street. Adam stated that providing enough parking was one of the factors in the layout of this development, and that was brought about by the reduction of setbacks a number of years ago. Staff feels that, more importantly, this will create a more urban feel for this corner, defining the edge. He said that parking is more or less hidden due to the public face of the building facing Gilbert Street. Adam sated that staff recommends that EXC02-00020, an application for a special exception to allow dwelling units above a ground floor principal use and a special exception to reduce the required front setback for properly in a Community Commercial Zone at 230 Kirkwood Avenue be approved. In response to a question from Keitel, Adam stated there will still be a sidewalk along the south side of the building. Public Hearin,q Opened Greg McDonald identified himself as the applicant, and offered to answer questions. Public Hearinq Closed Motion: Keitel moved to approve EXC02-00020, an application for a special exception to allow dwelling units above the ground floor principal use and to reduce the required front setback for property in a Community Commercial zone at 230 Kirkwood Avenue, clarifying that this is reduction on both Gilbert Street frontage and Kirkwood Avenue frontage, in accordance with the revised site plan. The motion was seconded by Gidal. Findin.qs of Fact Keitel stated he would vote in favor of the application. He said that precedence has been set with buildings in the vicinity being closer to the street, and this will not be as close to the street as Aero Rental. He feels it will be a great improvement to the intersection. Maurer stated he would vote in favor of the application. Gidal stated he would vote to approve. He said the general standards and specific standards all seem to be met. He said the proposed development is at the maximum density allowed and below the maximum number of roomers allowed. He said that in terms of specific standard 14-SQ-4B, it is clear that this is a unique situation; there doesn't seem to be any detriment to the intersection in terms of allowing the setbacks. He said he also feels this is a definite improvement to that particular intersection. Brandt stated he would vote in favor of the exception. He said he feels this will be a definite improvement to the neighborhood and the intersection. Paul said he would vote in favor of the application. He said that the general standards have been met in terms of the public health, safety, comfort and general welfare, as well as the use and enjoyment of the Iowa City Board of Adjustment Minutes November 13, 2002 Page 5 property. He said it will not substantially diminish or impair the values in the neighborhood and it won't impede normal and orderly development of the surrounding properties. He said that utilities, roads, drainage and infrastructure issues have been addressed, as well as ingress and egress. He said it also conforms to the standards and regulations of the zone in which it is located, and it is consistent with the Comprehensive Plan. The motion passed on a vote of 5-0. EXC02-00021. Public hearing regarding an application submitted by Iowa City Family Moose Center for a special exception to allow the addition of camping facilities to an existing club in a Medium-Density Multi- Family (RM-20) zone at 3151 Highway 6 East. Keitel stated that he is a member of the Moose Lodge and recused himself from deliberation. Adam stated that the Moose was granted a special exception in 1997 to locate a clubhouse and outdoor recreation facilities in the Medium-Density Multi-Family zone with frontage along Highway 6. He said they now request the addition of four recreational vehicle pads for Moose Lodge members who stop over in Iowa City on their ways to and from other locations. He said that the Moose Lodge has been providing this service on an ad hoc basis, which Moose Lodges across the country routinely do. He said that formalizing this service requires the approval of the Board of Adjustment because it is an expansion of the club. He said that the RV facilities shall be for the sole use of Moose members. Adam said that staff regards this facility as a private recreational use, but there are no particular regulations pertaining to recreational vehicles. He said that, lacking that guidance, staff has examined what steps should be taken to mitigate any possible negative externalities, and have come up with some possible recommendations to the Board. Adam said that since each RV pad will be equipped with its own water, sewer and electricity hookups and the primary concern with exposed sewer dumps is the possibility of contamination with foreign objects or materials, staff recommends that the sewage dumps be capped and locked when not in use and that all utility hookups are inspected and approved by the City. In addition, Adam said that the applicant would like to pave the RV pads on a five year phased basis. He said that the statement requesting that phasing-in is attached to the staff report. Adam said that staff recommends the applicant make use of only what has been paved - in the first year it would be one RV pad; in the second year, two pads, and so forth. He said that the applicant had advised him that should not be a problem because they generally only have one person, sometimes two, staying at a time. Adam said that if general lighting is provided for each or all pads, staff feels the impact on surrounding properties should be regulated. Therefore, staff feels they should be no more than 10' in height and shall otherwise conform with the illumination standards pertaining to light trespass on the neighboring residential properties. Adam said that RVs have generators, which have a tendency to be loud. He said that staff recommends that the Moose Lodge not allow any generators to be operated after 10:00 p.m. on any night. Adam said that the Saddlebrook development is constructing new 12-plex buildings directly adjacent to the Moose property. He said that a parking lot will be next to the proposed site of the RV camping area, and the camping area would be well within sight of the 12-plexes. He said that since the visual impact of RVs is greater than that of most vehicles, buffering commensurate with the parking lot screening is advised. He said that when the original special exception was granted, screening was provided to screen the parking area. He said it is mostly pyramidal arbor vitae, about five in a row broken up by trees and continuing on. He said this was a fairly thick and attractive screen for the parking lot. He said that staff recommends therefore that the applicant plant a screen along the 180' adjacent to the RV pads, as measured from the south side of the Iris garden as shown on the site plan, and that it closely follow the pattern established along the parking lot edge already existing. Adam said all adequate utilities will be provided, and in staff's opinion, the addition of more impermeable surface will not create a very large impact. He said that adequate measures have been taken to provide ingress and egress. He said the additional traffic will be minimal at best. He said that the proposed Iowa City Board of Adjustment Minutes November 13, 2002 Page 6 exception conforms to the dimension requirements of the zone, and the proposed use conforms to the general provisions for the zone, including its definition as an accessory use. Adam said that staff recommends that EXC02-00021, an application for a special exception for the expansion of an existing club in a Medium-Density Multi-Family (RM-20) zone be approved subject to the following conditions: 1. Sewage dumps shall be capped and locked when not in use and that all utilities hook-ups are to be inspected and approved by the City; 2. The applicant may pave pads and drive at whatever rate they are able to, but shall make use of only those pads that are paved; 3. If general lighting is provided for each or all pads, the lights shall be no more than ten (10') in height and shall otherwise conform with the illumination standards contained in 14-6S-8D, pertaining to light trespass onto neighboring residential properties; 4. Recreational vehicles shall not be allowed to operate generators after 10 P.M. on any night; and 5. The applicant shall provide a solid planting screen along the 180 feet adjacent to the RV pads continuing from and following the pattern of the screening established along the parking lot and incorporating existing vegetation, such planting to be established before April 2003. In response to a question from Paul, Adam clarified that the screening would be deciduous trees, which would grow to 60' eventually. He said that not all of the greenery would be oak trees; but that staff suggests that the applicant continue the current pattern of arbor vitae broken up by oak trees. Paul raised a concern whether the three-level 12-plexes would be screened from the RV park. Adam said that, short of building a tall fence, staff believes this answers concerns about screening. He said they were more worried about screening ground level vision. He said that they don't expect vehicles often, and staff does not feel this is a concern. Brandt stated that it looks like Saddlebrook has paved parking lots abutting the screening, and he does not believe there will be a concern. Adam said that staff feels the screening will be neighborly. Public Hearinq Opened Keith Gerling identified himself as past-president, past-administrator of the Moose and offered to answer questions. He stated that they have had an excellent ongoing relationship with the residents of Saddlebrook, and they want to treat their neighbors very well. In response to a question from Gidal, Gelling stated that all the conditions staff has posed are acceptable. He said they consider them self-serving. In response to a question from Brandt, Gerling said that they usually do not have much warning when someone wants to use a site. He said the sites would not be used much - he said it is a courtesy thing with members, and that they have found during their three years in the facility, that sometimes someone will come to the University Hospital for testing, or occasionally to a sporting event, or someone just criss- crossing the country. He said that Moose International publishes a directory of lodges so that the roughly million and a half members can stop in. He said it is not used a lot, but they thought it would be nice to offer. In response to a question from Maurer, Gerling said the sites would be used for RVs, pull-type campers, or any type of camping vehicle. He said that they have had a couple overnight instances of people plugging into the existing outlets on their light pole in the parking lot. Keitel stated that he is a member of the Moose and did the original site design. He said the area was originally slated to be a tennis court, so it was designed to be hard surface, so there would be no negative effects with stormwater. Public Hearing Closed Motion: Gidal moved to approve EXC02-00021, an application submitted by Iowa City Family Moose Center for a special exception to allow the addition of camping facilities to an existing club Iowa City Board of Adjustment Minutes November 13, 2002 Page 7 in a Medium-Density Multi-Family (RM-20) zone at 3151 Highway 6 East, subject to the following conditions: 1. Sewage dumps shall be capped and locked when not in use and that all utilities hook- ups are to be inspected and approved by the City; 2. The applicant may pave pads and drive at whatever rate they are able to, but shall make use of only those pads that are paved; 3. If general lighting is provided for each or all pads, the lights shall be no more than ten (10') in height and shall otherwise conform with the illumination standards contained in 14-6S-8D, pertaining to light trespass onto neighboring residential properties; 4. Recreational vehicles shall not be allowed to operate generators after 10 P.M. on any night; and 5. The applicant shall provide a solid planting screen along the 180 feet adjacent to the RV pads continuing from and following the pattern of the screening established along the parking lot and incorporating existing vegetation, such planting to be established before April 2003. The motion was seconded by Paul. Findings of Fact Paul stated that he would vote in favor of the application. He said that he agrees with the general standards as articulated by the City staff. He said that the special exception review requirements have been met also. Paul said that the infrastructure, access roads and so forth are all in place, and ingress and egress issues were taken care of. He said this exception does conform with the regulations and standards of the zone in which it is located. Gidal stated he would vote to approve for the same reasons. Maurer stated he would vote to approve. Brandt stated he would vote to approve. The motion passed on a vote of 4-0, one recusal. BOARD OF ADJUSTMENT INFORMATION Adam stated that the questions regarding Budget Rent-A-Car's special exception on Riverside Drive will be addressed through a meeting with the applicant next week. He said the applicant will be asked to comply, and will be given options if he does not comply: to appear before the Board again or to be cited and go to Court. Holecek said they will attempt to gain compliance through voluntary means without court intervention, and will report back at the next meeting. Paul asked that a luncheon be arranged to thank the outgoing Chair for service. Adam will make arrangements. The next meeting is scheduled for Wednesday, December 11,2002. ADJOURNMENT Keitel moved to adjourn, seconded by Paul. The meeting adjourned at 5:53 PM. Board Chairperson Board Secretary Minutes Submitted By Neana Saylor shared on citynt/pcd/m, nutes/boafooa 11-13~2 doc DRAFT MINUTES IOWA CITY BOARD OF APPEALS MONDAY, NOVEMBER 4, 2002, 4:00 P.M. LOBBY CONFERENCE ROOM IOWA CITY CIVIC CENTER, 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Gary Haman, Tim Fehr, Anna Buss Tom Werderitsch, Doug DuCharme MEMBERS ABSENT: Wayne Maas STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker), Roger Jensen (Fire Marshall) OTHERS PRESENT: Mike Porter (The Summit - 10 S. Clinton) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:06 P.M. CONSIDERATION OF MINUTES: Minutes from the September 17, 2002 meeting were discussed. MOTION: Haman moved to accept the minutes. Buss seconded. Motion passed unopposed. Appeal the decision of the Fire Chief because of an incorrect interpretation of the code. (10 S. Clinton) Hennes explained that the Fire Chief had made a decision to not allow a portable heating device at The Summit bar at 10 S. Clinton Street. Mike Poder (owner) was appealing that decision. Dulek stated that she had hoped to have some information to the Board prior to the meeting to help with this issue; but, because it had been difficult to reconcile the two applicable code sections, she had not been able to get the legal issues resolved until a few hours before the meeting. She explained Section 603.4 of the 2000 International Fire Code states that portable unvented fuel-fired heating equipment shall be prohibited in certain occupancies. Dulek said that if the Board found that what Mr. Porter wants to use at The Summit is a portable unvented heating device and the occupancy of The Summit is one of the prohibited occupancies, the Board has no discretion and the device is prohibited since Section 603.4 provides a blanket prohibition. The second section that was cited by the Fire Chief was Section 603.6 of the 2000 International Fire Code which references those unvented fuel-fired heating devices at other occupancies than those listed in the previous section (603.4) and also refers to non-fuel-fired unvented heating devices. Dulek explained that if the Board determined that the device at the Summit was covered by 603.6, then there would be a basis for appeal since this section states that these devices are allowed at the discretion of the Fire Chief. She said that if the Board finds that there is no basis for the appeal then the fee should be refunded since Mr. Porter was given the understanding that he did have a basis DRAFT for appeal. Roffman asked Hennes what the occupancy rating for The Summit was. Hennes verified that it was an "A" occupancy which is one of the prohibited occupancies in Section 603.4. Mike Porter asked for verification of what is included by "in" when determining if this device is "in" the occupancy since this is an outdoor area. He also asked since this was venting directly to the outdoor air, is it really unvented? Hennes explained that since the area was covered by the second floor and surrounded on three sides by the walls of the building, this area did fall within the occupancy. Werderitsch asked that if this area was completely in the open would this be a different issue? Hennes explained that it would be - that there could be different scenarios that would have to be Jooked at individually.-Haman added that all areas of business would be included in the occupancy. Discussion occurred as what constituted a vented device. Hennes said that a device would have to have dedicated venting system. MOTION: Werderitsch moved that the appeal be denied because was no basis for appeal under Section 603.4 and that the application fee be refunded to Mr. Porter. Haman seconded. VOTE: Motion passed unopposed 6-0. OTHER BUSINESS: ExParte Communication memorandum from Susan Dulek, Assistant City Attorney: Roffman stated the memo from Dulek basically spells out for Board members that any appeal issue can only be discussed at the hearing. Any code amendment issue can be discussed outside of appeals meetings. Jensen asked that the Board readdress the issue of required retro-fitting of sprinkling systems in fraternities and sororities. Jensen said he had some new information. The national chapter of Phi Kappa Theta was taking a pro active role in that they were requiring all of their chapter houses to fitted with sprinkling systems if they were not already sprinkled. Also the Associated Press was getting ready to do a series of stories on the issue due to the advocacy of the mother of a University of Missouri student who died in a fraternity fire. Roffman said that what he would like to see would be for notification to go out to all of the fraternities and sororities in Iowa City sometime before winter break (with a reminder in January) laying out the issue and setting a public input date at the February meeting. Werderitsch asked that notification be sent to all appropriate parties (like the housing corporations and alumni) and not just the chapter president. Jensen stated that he would put together a proposal that could go out with the notification. Hennes stated that at the next Board meeting he would put the issue of adjusting the make up of the Board on the agenda as long as all members would be present. Hennes stated that he had not put it on the agenda for this meeting because he knew there would not be a full board present. The next meeting was set for 12/2/2002. ADJOURNMENT: Buss moved to adjourn the meeting. Haman seconded. The meeting was adjourned at 4:30 P.M. John Roffman, Board of Appeals Chairperson Date 12-05-02 DRAFT/PRELIM IP30 MINUTES IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, NOVEMBER 25, 2002 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Betty McKray, Jim Pusack, Terry Smith, Kembrew McLeod MEMBERS ABSENT: CathyWeingeist STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy OTHERS PRESENT: Rene Paine, Randy Brown, Jon Koebrick, Beth Fisher, Julie Larson, Phil Phillips, Vanessa Miller, Cindy Smith RECOMMENDATIONS TO CITY COUNCIL The Commission voted unanimously to recommend to the City Council that they accept the settlement agreement with Mediacom as written. The Commission also voted unanimously to recommend to the City Council that they agree to renew the contract with PATV as revised. SUMMARY OF DISCUSSION Paine reported that PATV recently held their annual membership meeting. At that meeting they took public comments about their performance over that past three years, as required by the terms of their contract with the City. Bradley Workman-Goertz was elected to the board of directors. Larson reported that the school district is ready to purchase a time base corrector to correct problems seen by people subscribing to the digital tier. The time base corrector will be purchased with funds made available through the City's pass-through fund. Hardy reported that during the election season that a candidate's forum was carried live from Coralville and carried on the City Channel and North Liberty. This was the first time that the access channels were able to interconnect in this fashion. Regarding the proposed settlement agreement with Mediacom, Smith said the agreement achieves two goals: a resolution of the issues identified in the letters sent to Mediacom outlining the violations of the franchise agreement resulting from the problems experienced beginning in February 2001; and restitution to subscribers who were misled or treated inappropriately. The agreement meets the City's desire that subscribers be provided information that clearly states the schedule of services and prices available and that the a la carte premium channel prices be restructured for those not subscribing to the digital tier. Mediacom is offering a rebate of $7 per month for the entire 10 month period to subscribers who had subscribed to the digital tier to receive or to continue receiving a premium channel and who elect to switch to an a la carte structure. These subscribers will have 45 days to take Mediacom~s offer. In addition, all subscribers will be offered a $10 coupon for any service up-grade. Shaffer said that the PATV Board agreed to the same terms as the previous contract and noted that there was two minor changes In the contract. One clarified that one third of the total programming hours will be dedicated to community programming. The second one simply updated the payment schedule to PATV. Koebrick provided responses to the remaining questions contained in a letter from the City regarding the Triennial Review. APPROVAL OF MINIUTES Pusack moved and McLeod seconded a motion to approve the October 2002 meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet. There were 12 complaints-1 about problems connecting to the cable modem service, 2 about not being able to reach Mediacom by phone, 3 about problems with the TV Guide channel listings, 1 about cable TV service being cut off without notice, 1 wanting the weather channel to be on the basic tier, 1 about the due date not being on a notice of pending disconnection unless payment was received, I about the loss of an ESPN channel and the Style channel on the digital tier, 1 inquiring about why a survey of subscribers on the channels they would like to see added to the system hasn't been conducted by Mediacom, and 1 about an unburied cable. Shaffer said that those that could be resolved, have been. MEDIACOM REPORT Koebrick said he had nothing new to repod. UNIVERSITY OF IOWA REPORT No representative was present. PATV REPORT Paine reported that PATV recently held their annual membership meeting. At that meeting they took public comments about their performance over that past three years, as required by the terms of their contract with the City. Bradley Workman-Goertz was elected to the board of directors. The by-laws were modified to move the fiscal year so it coincides with the calendar year. Paine reported that a special workshop was held for the Pheasant Ridge Neighborhood Center. SENIOR CENTER REPORT No representative was present. ICCSD REPORT Larson reported that the school district is ready to purchase a time base corrector to correct problems seen by people subscribing to the digital tier. The time base corrector will be purchased with funds made available through the City's pass-through fund. Bulletin board software was also purchased so text and image based information can be shown when programs are not being run. Pusack said he would like to see more programming on the channel, even if it is more replays of existing programming such as the school board meetings. Larson said that Superintendent Plugge has requested that each school generate 2 programs per year for the channel. LEGAL REPORT No representative was present. LIBRARY REPORT Fisher reported that the Library's new web page will be made available on Decdember 2. The web site will allow the public to check on meeting room schedules and the schedule of library activities. On December 3 the libary channel will start cablecasting using their new digital playback system. It is anticipated that channel 10 will not be effected by the disruptions related to the construction of the new building. KIRKVVOOD REPORT No representative was present. MEDIA UNIT Hardy reported CABLE TV ADMINISTRATOR REPORT Shaffer reported that Medicom is challenging the City's recent basic tier rate order at the Federal Communications Commission. Koebrick said that Mediacom will reduce the basic tier rate to $13.91 and raise the expanded basic rate to compensate so that most subscribers (those that subscribe to the Family Package) will not see a difference in their rates. Shaffer reported that City staff and Mediacom met recently to discuss possible methods of implementing the liquidated damages discussed so that subscribers will receive a benefit. Mediacom will be presenting a proposal to the City in the near future. Shaffer said the annual report and the budget are being worked on. Shaffer will distribute a copy of the budget before the next Commission meeting. TRIENNIAL REVIEW Shaffer referred to a September 25, 2002 letter to Mediacom with questions regarding the Triennial Review. 1. How many subscribers were affected by the loss of premium movie service and then received rebates or credits for loss of that premium movie service during the January through February, 2002 period? Koebrick said approximately 2,000 or 10-11% of all subscribers were in this category. Mediacom provided pro rated service credits. In addition, there were a number of individual accommodations made when a customer called to complain. 2. Does Mediacom keep a record of any complaints received from subscribers and if so, can the City receive a copy or inspect these? Koebrick said that complaint records are kept at the local office and are available to City officials at that location. A copy of the complaint file will be forwarded to Shaffer in the near future. Many complaints Mediacom receives are in the form of email from Shaffer. 3. How many cable TV outages over 18 hours in length occurred in 2002, how many subscribers were affected, and how many rebates were given as a result? Koebrick said that there were no instance of an outage of node size or larger for greater than 18 hours in 2002. Mediacom does not have a way of knowing how many individual outages occurred. Many individual credits were given, but the exact number is not known because the adjustment or credit may also be an accommodation for other complaints as well and the coding the customer service representatives use may not clearly indicate that it was for an outage. 4. How many cable modem outages over 18 hours in length occurred in 2002, how many subscribers were affected, and how many rebates were given as a result? Koebrick said there were no system-wide outages over 18 hours in 2002. On an individual basis there is no way to know if the service was down if the subscriber doesn't inform the company. Pusack said that the company doesn't appear to be offering pro rated rebates for outage of the cable TV service or the cable modem service unless the subscriber requests it. 5. Please provide documentation that the required drop audit as stipulated in the franchise Section V I II.E) has been completed. Koebrick said that the franchise requires that a drop audit be completed within two years of the rebuild. The rebuild was completed in 1998 when AT&T held the franchise. Drop maintenance is an on-going program for Mediacom. Mediacom would not have documentation of them doing a drop audit within 2 years after the rebuild because they did not have the franchise. However, when the question was put to AT&T and it was calculated that 8,313 drops had been replaced since January of 2000. Every time there is a service call of any kind the drop is checked. In the last six months 120 drops have been replaced. There is no way to go back to the period two years after the rebuild and arrive at a figure of the number of drops tested. Pusack said that his understanding is that the franchise holder was required to audit 95% of all drops within two years and that the franchise holder was in non-compliance at that time. Shaffer said that the concern is that because the system was built around 1980 over a period of time there is a decline in the cable's usefulness so drops need to be replaced. The question is how much and how fast. Pusack said that the question is how reliable the plant is. Does it make sense to audit 95% of all drops? Perhaps a certain per cent should be checked every year or after a period of time determine how close the company is to testing all the drops through the usual course of examining drops when service calls are made. Koebrick said that from January of 2000 to March of 2001 over 8,000 drops were replaced. That together with the drops that were replaced during the rebuild demonstrate that a very large per cent of drops have been replaced. There are about 18,000 subscribers. In other franchises Mediacom has agreed to place messages on a local origination channel that informs subscribers that if there are any signal problems that Media¢om will come out and test the drop at no charge. That may be an option in Iowa City. Pusack said that a program of random checks might be a good method of monitoring drops. Weingeist said she likes the random check idea. Koebrick said that the entire system is checked once per quarter for signal leakage. Defective drops typically leak and many are identified during those checks. Brown said that each year the company budgets to replace 10% of all drops. Pusack asked Mediacom to make a proposal for alternative language regarding drop audits. (Comments from Kameron Swinton and Brandon Pearlman were heard at this point so that need not stay for the entire meeting. Minutes of their comments follow the enumerated points.) 6. How many households in Iowa City have satellite service? Koebrick said that the data they purchase indicates only if it is greater that 15%, the level at which it is said there is effective competition. Iowa City is not at that level. 7. What changes have been made to the Iowa city cable TV system since the rebuild? Keobrick said that since the rebuild the system has been made 2 way interactive so that the cable modem service could be launched. The system was also modified so a return path from the digital boxes does not need a phone line. The plant has been extended in a lot of areas. 8. What is the state of the art in Mediacom's cable systems? Koebrick said that state of the art systems for Mediacom offer analog and digital programming, offer the cable modem service, and are two-way interactive. Testing is being done on other services such as video on demand, but no Mediacom system has services not offered in Iowa City. Pusack asked if there will be any channel additions. Koebrick said the digital tiers will likely expand. 9. Does Mediacom foresee any plans for expansion or upgrading during the remaining years of the present franchise in Iowa City? Koebrick said that Mediacom would consider an upgrade to add bandwidth for future uses but there is a balance that needs to be maintained, especially in light of the cable modem service. Doing an upgrade would disrupt those subscribers dramatically. Is that disruption worth the cost? Any additional bandwidth also comes at a cost and must be balanced against the new services that could be carried on the expanded bandwidth. Mediacom is looking to launch a business grade cable modem service that guarantees a certain level of bandwidth for an increased cost. 10. Does Mediacom foresee any plans to add or delete any channels during the remaining years of the present franchise in Iowa City? Koebrick said that Mediacom's plans will be dependant on the relationships and contracts they have with program providers. As long as a channel is worthy of offering in the line-up at a reasonable rate that they can pass the costs on to subscribers and they will continue to subscribe, those channels will stay on the system. If a program provider demands too high a payment, then they might not be carried. There are some channels, such as ESPN, in which the contract prohibits cable companies from offering them a la carte. If they were offered a la carte, operators could avoid the problem of high fees for a channel that from a marketing point of view must be offered on the system. Some channels simply can't be dropped because they are carried by direct broadcast satellites and have a viewership that would switch subscribers from cable if it was not carried. In addition, Mediacom, as a smaller operator, is unable to negotiate terms as favorable as larger operators like AT&T. Brandon Pearlman read a prepared statement in which his and his roommate, Kameron Swinton's difficulties with the cable modem service were presented. They subscribed to the cable modem service in August when they returned to school. Their apartment is just south of Burlington St. Beginning in September they began receiving very slow speeds and had trouble staying connected. A technician came out who swapped out modems and the problem apparently was fixed for about 6 hours. Within about the next 2 weeks eight different technicians attempted to fix their problems. The service appeared to be fixed when they the technicians left but the problems kept re-emerging. Four calls were made to the voice mail of the supervisors in Des Moines before a return call was made claiming that there was a problem with too many users on that node. The supervisors claimed that the problems was with returning college students and that an order to purchase additional equipment had been made. During the next seven weeks he received numerous reasons why the problem had not been corrected. There still is no resolution to the problem. Mediacom is a large, profitable corporation with a monopoly in the local market. Subscribers that use the service less are less likely to complain if they have problems. Kameron Swinton said he is unable to use his cable modem to connect to University of Iowa servers to do classwork because it is so unstable. If the company tells you that the problem will be fixed by Friday but it is not, the company will not cal~ you back to inform you. Phone technical support often will put you on hold for long periods of time and then do not have records of your previous calls and complaints. Puscack asked how many nodes in Iowa City have over 20% subscription levels. Brown said that node serving Pearlman and Swinton is the only node that is over-utilized. Weingeist said the lack of communication with subscribers has led to frustration by subscribers. Koebrick said that Mediacom is having some growing pains with the cable modem service. Phone center staff are being added. Brown said Mediacom is developing a method to be more proactive in identifying and correcting nodes that are being over-utilized. PATV CONTRACT Paine said that there is a performance review public comment requirement in PATV's contract and asked if it would be appropriate to conduct this during PATV's annual meeting. McKray said that as long as it was advedised that would be a good time to collect public comment. ADJOURNMENT Weingeist moved and Pusack seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 7:35 p.m. Respectfully submitted, Wm. Drew Shaffer Cable TV Administrator i 12-05-02 MINUTES DRAFT/PRELIMINARY IP31 PARKS AND RECREATION COMMISSION NOVEMBER 13, 2002 MEMBERS PRESENT: Toni Cilek, Doug Ginsberg, Craig Gustaveson, Nancy Ostrognai, Matt Pacha, Rex Pruess, Al Stroh, John Westefeld MEMBERS ABSENT: Kevin Boyd STAFF PRESENT: Mike Moran, Terry Robinson, Terr~ Trueblood GUESTS: Ruth Baker, Barbara Buss, Judith Klink, Mary Knudson FORMAL ACTION TAKEN Moved by Westefeld~ seconded by Ostro.qnai, to approve the September 4 and October 9~ 2002 minutes as written. Unanimous. Moved by Pruess, seconded by Stroh, to accept Outlot A of the Ruppert Hills development as recommended bv staff, and to pursue ;)urchase of the adiacent 1/2 acre. Unanimous. RUPPERT HILLS Trueblood stated the neighborhood open space requirement is 1.41 acres, and the applicant has proposed the dedication of Outlot A (1.5 acres) for expansion of Miller-Orchard Park. This complies with the concept plan for this property in the Southwest District Plan. Also, a 15-foot wide pedestrian walkway easement is to be granted. Trueblood noted the 1.5-acre parcel is part of the 2-acre parcel that the City attempted to purchase from the Ruppert family in the past. He suggested pursuing the purchase of the additional 1/2-acre, which would fit in with the Neighborhood Open Space Plan for a 4-acre park in this area. Stroh asked if the developer could build on it; Trueblood noted there are many trees and did not think it would be very conducive to construction. Judith Klink noted under the conditional zoning agreement that the neighborhood agreed to include trail easements in this development, and sidewalks will be constructed to accommodate the trail. Stroh expressed concern with certain trail sections due to the terrain. Trueblood stated with the parkland there would be development issues to address regarding safety concerns with Benton Street. Stroh noted city plans to reconstruct Benton Street included an overpass; Trueblood indicated his understanding that such a possibility still exists, but probably not in the near future. Mary Knudson suggested that a fence between the park and Benton Street be erected adjacent to and as near the street as possible to discourage people from crossing the street; Ruth Baker agreed. She was against a sidewalk along this area. Stroh felt the City should not jump into this until it is ready to do it right. Moved by Pruess, seconded by Stroh~ to accept Outlot A of the Ruppert Hills development as recommended bv staff, and to nursue nurchase of the adiacent 1/2 acre. Unanimous. Judith Klink noted they have contacted the developer through his attorney asking if it was possible to redesign the pedestrian/bicycle easements to fit the intent of the South District Plan. The developer's original plan was to fence the property. Klink felt it would be cheaper for the developer to build trails than to fence the property, and that access by students to the trails should be encouraged. She stated she hoped that the plan would include an attractive and immediate usable trail system from the beginning. Klink noted if the Calloway Ranch plans could be developed to fit in with the plans for Ruppert Hills, it would help make for an integrated, attractive and usable trail system that ultimately would enhance both developments. Parks and Recreation Comrmssion November 13, 2002 Page 2 of 3 FY04 FEES AND CHARGES Trueblood briefly reviewed the preliminary draft of the proposed FY04 fees and charges, budget requests and capital improvement projects. The draft will be finalized and brought back to the commission next month. Trueblood noted some concerns/issues for future discussion such as the cost of swim passes, the generic fee system used for Scanlon Gymnasium activities, fees for Special Populations Involvement activities, decrease in participation in some programs, and wage increases for temporary/seasonal staff. With respect to swimming, Stroh stated staff needs to look carefully at the pool when it is at recreation mode, noting staffing is the same regardless of how many people are in the pool. Staff should do whatever it takes to get usage of the pool up. He noted it is related to exposure and knowledge of the facility, and staff needs to get people in by making it attractive. Gustaveson stated the City is loosing ground and revenue when it comes to swimming pools. Iowa City residents are going to the new pool in Williamsburg and North Liberty will soon be building one. Westefeld suggested offering free swim days and linking another activity such as a concert or festival to get people to the pool, which would raise the possibility of their return. With respect to the capital improvement projects, Trueblood noted the City's CIP committee is in the process of ranking the top 15 priorities on a citywide basis; this process has gone through phase one, and is not yet completed. Stroh stated the commission needs to zero in and focus on two or three projects instead of ten. Gustaveson stated one of the problems is that the commission has had a wish list but has not been proactive by going to the City Manager or City Council to press its case. Westefeld noted the commission needs to identify what those projects are and the mechanism or process to use to emphasize them to the City Council. Trueblood stated in the past the commission has chosen to get priorities in front of the City Council by establishing a CIP priority list and attending a Council meeting during the time set aside for boards and commissions. He noted another avenue is to request an agenda item or to speak during time designated for public discussion. Cilek stated the commission needs to obtain community input; Westefeld agreed that the commission should be taking it to the public. Stroh suggested that the commission look at its top ten CIP priorities to ascertain how a project might be packaged, such as the Waterworks Park with the Montgomery- Butler House. Pacha agreed the commission should review its priorities and pick three projects they would like to target. Trueblood noted that past CIP prioritization has not had staff's input. He asked if the commission would like staff's perspective; the commission as a whole agreed they would like to receive it. Trueblood stated he would provide more narrative on the projects for the January meeting. NOMINATING COMMI'I-rEE Pacha noted that in the past the nominating committee has consisted of outgoing members; Pruess and Cilek agreed and will bring a slate to the December meeting. COMMISSION TIME Pruess expressed his appreciation for the curb cut on Irving Avenue connecting to the Willow Creek trail. He noted he would like to see the 8-foot sidewalk along Shannon Drive connected to the Willow Creek trail Westefeld noted the Skateboard Park is getting a lot of use. Trueblood noted staff will start to do official counts next spring/early summer. The official grand opening will be held next spring. Parks and Recreation Commission November 13, 2002 Page 3 of 3 Ostrognai asked about the present state of the washed out trails in Hickory Hill Park. Trueblood indicated quite a few improvements and repairs have been made. Staff is still working on rerouting a section by the creek, building a boardwalk area and reducing the wetland area. Further repairs will need to wait until warmer weather. Gustaveson stated he felt the commission could be more proactive and suggested establishing small sub-committees to formulate a course of action for particular projects. Pacha felt the commission has been proactive in some cases, noting the commission's involvement with the Parks and Recreation Foundation to raise funds for the Scanlon Gymnasium. CHAIR'S REPORT Pacha reported five applicants have applied for the commission vacancies. The terms of Cilek, Gustaveson and Pruess expire January 1,2003. DIRECTOR'S REPORT Trueblood reported on the following: Tennis Courts Liqhtinq Project. The project to redo the lighting at the City Park and Mercer Park tennis courts is underway, with the target for completion being next spring, Montoomerv-Butler House. Colette Pogue wrote a letter to the Iowa City Historic Preservation Commission asking that they move the project up on their priority list for future development. ADJOURNMENT The meeting adjourned at 6:20 p.m.