Loading...
HomeMy WebLinkAbout2008-09-11 Info Packet~ i ~ni~ ~ ,~°°~~~ -.ti...__ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET September 11, 2008 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Email from Arvind Thakore to Police Chief Hargadine: Letter of Appreciation IP3 Email from the City Clerk to Summer of the Arts: Complimentary Tickets to City Council IP4 Letter from JCCOG Traffic Engineering Planner to Residents on 400 block of 4th Avenue and 2000 block of A Street: Speed Humps on 4th Avenue & A Street IP5 Email from Rachelle Tsachor: 7th Avenue Bus Route [staff response included] IP6 Email from Gary Klein: Sidewalk repair IP7 Iowa City Housing and Inspection Services Customer Service Survey -September 2008 IP8 Approved Minutes: Economic Development Committee -August 5, 2008 DRAFT MINUTES IP9 Airport Commission: August 14, 2008 IP10 Board of Adjustment: August 13, 2008 IP11 Historic Preservation Commission: August 28, 2008 IP12 Public Art Advisory Committee: September 4, 2008 IP13 Information regarding Disaster Recovery Action Plan-public comment _~ '""®'~~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas September 11, Zoos www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, SEPTEMBER 22 Emma J. Harvat Hall 5:30p Special Formal (separate agenda posted) ^ Executive Session (Evaluation -City Attorney & City Clerk) 6:30p Special Work Session • TUESDAY, SEPTEMBER 23 Emma J. Harvat Hall 5:30p Special Formal (separate agenda posted) ^ Executive Session (Review -City Manager) 7:OOp Special Formal Council Meeting • SATURDAY, OCTOBER 4 Quality Inn and Suites 9AM-2PM Community Planning Initiative with Department Heads • MONDAY, OCTOBER 6 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary • MONDAY, OCTOBER 20 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, OCTOBER 21 Emma J. Harvat Hall 7:OOp Formal Council Meeting • MONDAY, NOVEMBER 3 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary • TUESDAY, NOVEMBER 11 Veterans' Day -City Offices Closed • MONDAY, NOVEMBER 17 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, NOVEMBER 18 Emma J. Harvat Hall 7:OOp Formal Council Meeting ~ , ~.,~~~ ,,,,tip ~_l City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas September 11, Zoos www.icgov.org • THURSDAY, NOVEMBER 27 Thanksgiving -City Offices Closed • FRIDAY, NOVEMBER 28 Holiday -City Offices Closed • MONDAY, DECEMBER 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, DECEMBER 2 Emma J. Harvat Hall 7:OOp Formal Council Meeting • WEDNESDAY, DECEMBER 10 North Liberty 4:30p Joint Meeting • TUESDAY, DECEMBER 16 Emma J. Harvat Hall 5:30p Special Work Session 7:OOp Formal Council Meeting Continue Special Work Session if necessary IP2 Marian Karr From: 2C Realtor [arvind100_us@yahoo.com] Sent: Sunday, September 0.7, 2008 9:14 PM To: Sam Hargadine Cc: Regenia Bailey; Amy Correia; Mike Wright; Ross Wilburn; Matt Hayek; Matt Johnson; Council Subject: Letter of Appreciation Hon, Police Chief, We the Management of Dolphin Lake Point had a very sad experience at our project. This was really out of our imagination. We were not expecting in the quiet and friendlier Iowa City. Well, we all know it was not planned or staged nor was because of any body's mistake. It happened and is over. At this time I would like to take this opportunity and convey you all, how efficiently the police department worked. How efficient was 911 system. When Mr. Phillips walked in the office and threaten Resident Manager with the gun, he was talking to Financial Analyst in Chicago, Il. about the changes and updates over the cell phone. He said, "oh My God Gun", this prompted other person to hang up call me on my cell phone. She immediately called other member of our team. Since my phone is from Barrington, IL area, my call was transferred to Iowa City from Barrington, all this happened in few seconds and your efficient officer were there in no time. Our appreciation to 911 system staff and the police department. Your officers were professional, co operative, caring and above all very organized. They took care in evacuating the kids from other apartments without caring for their life. "True Heroes" in swift action, this type of things you see in movies or fictional books. On behalf of our management team, our sincere thanks and appreciations to all your staff. As I do not have the e-mail addresses of two other council members, I am sending the mail care of Council address. Thanks Arvind Thakore Project Manager Dolphin Lake point 224-622-1171 9/8/2008 IP3 ~ ~ ~~.®~r,~ ~w~~~ CfTY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org September 4, 2008 Summer of the Arts P. O. Box 3128 Iowa City, IA 52244 Re: Complimentary Tickets to City Council Mayor Bailey has provided me a copy of the information she received on the 2008 Season Finale Celebration for Summer of the Arts in which you enclosed two free tickets to the Celebration on September 18. It is my understanding that similar letters were sent to other members of the City Council as well. While the Council appreciates the thought, Iowa law prohibits them from accepting such gifts. Sincerely, Man n K. Karr City Clerk / Cc: City Council Enclosures: Complimentary tickets September 5, 2008 Residents on 400 block of 4th Avenue and 2000 block of A Street Re: Speed Humps on 4th Avenue & A Street Dear Resident: IP4 ~~ r i '~°°~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org During 2004, the City worked with your neighborhood to develop a traffic calming project in response to neighborhood concerns about traffic speeds on 4th Avenue. Residents approved a project to install several speed humps on 4th Avenue and A Street in the fall of 2004 with 60% of responding households (9/15) voting in favor of the project. One survey was not returned. As part of the City Council approved Traffic Calming Program, a follow up speed study and survey is required to be completed one year after the installation of traffic calming devices. The 2005 speed study indicated that 85th percentile speeds had decreased from between 24-31 mph to between 20-24 mph, indicating that the speed humps had been effective at reducing speeds. The households were resurveyed following the speed study. Of the 15 responding households, 73% (11) were in favor of leaving the speed humps in place, therefore they remained. One survey was not returned. On August 29th, 2008, I received a petition from a group of residents on 4th Avenue and A Street requesting the speed humps be removed. In order to determine if there is enough support for this action, I would like to ask that each household fill out and return the enclosed postage-paid survey card. Consistent with the procedures of the traffic calming program, if more than 60% of the responding households are in favor of removing the speed humps, the survey results will be forwarded to the City Council for final determination on whether the speed humps will remain or be removed. Each household will be notified of the survey results. Please fill out the survey postcard and return to the City of Iowa City. The postcard must be postmarked no later than September 19th, 2008. If you have any comments or questions, please contact me at 356- 5254 or darian-nagle-gamm@iowa-city.org. S~n erely, ~ ;l/l~ Da ~ Na a-Gamm JCCOG Traffic Engineering Planner -- cc: City Council _ ^~~ '`~ Michael Lombardo ~; w~ t John Sobaski ~~ ~ ; -~.~ Jeff Davidson - ~" use JohnYapp -r'" Rick Fosse O ~;r. .. Ron Knoche ~- ,_ Marcia Klingaman '~ w Jccogtplltrs/re-survey letter-2008.doc IP5 Marian Karr From: Barb Morck Sent: Monday, September 08, 2008 5:58 PM To: 'rachelle-tsachor@uiowa.edu' Cc: Council; Chris O'Brien; Michael Lombardo; Dale Helling Subject: FW: ICgov.org - Citizen Feedback Thank-you for your email. I understand that the route changes that went into effect on May 19, 2008 have adversely affected you and your family; please allow me to provide a bit of background on how the decision to change the schedule for the Seventh Avenue came to pass: In 2007 we were directed by the City Council to extend service on two routes: the Manville Heights and North Dodge routes. To meet that goal - increasing the area covered by the two routes and subsequently adding more time to each of the routes - several of our other routes had to be changed; these changes went into effect on May 19, 2008. Whenever a route is changed, whether it is the time it leaves the downtown interchange or when it reaches a particular spot along the route or even the streets the route operates on, we make the decision based on what will work for the majority of the riders on each particular route as well as what works best for the entire transit system. After serious and considerate deliberation, the Seventh Avenue route was selected as one of the routes to change. For us to change the schedule of the Seventh Avenue route back to what it was prior to May 19th we would have to also change the schedule of two other routes: the Westport Plaza route which is the route that the Seventh Avenue is paired with during peak service hours, and the Cross Park route which is the route the Westport Plaza route is paired with during off-peak service hours. The present schedule for the Westport Plaza allows the passengers on that route to arrive to the downtown area in time to get to work and/or school; prior to May 19, 2008 they were not able to do that. The Cross Park route provides much-needed additional route service to south of the downtown area: the Johnson County Courthouse, Jail and County Administration buildings, the building currently under construction which will house (among other agencies) the Department of Human Services and Johnson County Public Health, the Food Bank, Crisis Center, Salvation Army, WIC, HACAP and MECCA, the Waterfront Hy-Vee, and the Broadway Neighborhood Center. It operates as a complement to the Broadway route, providing 30 minute service throughout the day to the agencies, businesses and neighborhood(s) situated south of the downtown area. Again, I thank-you for your feedback. I realize that this explanation of how decisions are made regarding bus route and/or schedule changes does not necessarily address your concerns regarding your particular situation, but hope that it will help you understand that the decision was not made without thought and consideration. Please feel free on contact me if you have any questions or concerns. -----Original Message---- From: Kathryn Johansen Sent: Friday, August 29, To: Barb Morck Cc: Chris O'Brien Subject: FW: ICgov.org - Good morning: 2008 8:23 AM Citizen Feedback Could one of you please respond to Ms. Tsachor? Thanks- Kathi -----Original Message----- From: Citizen Feedback [mailto:rachelle-tsachorc~uiowa.edu] Sent: Friday, August 29, 2008 7:59 AM To: c~feedback Subject: ICgov.org - Citizen Feedback The following information was submitted: Subject: Inquiry Message: Is it possible to change the times of the 7th Av. Bus route so it brings kids to SEJH and City High at a reasonable hour? My kids and their friends used to take the bus to school every day until the time changed. The current time gets them to school an hour early! They've been biking since May, but that won't work in the winter. Citizen Information: Name: Rachelle Tsachor Company: University of Iowa Address: 1014 Sheridan Ave (home) Iowa City IA 52240 Phone #: 319 354 2683 (work) E-Mail: rachelle-tsachor~uiowa.edu Submitted from http://www.icgov.org/default/apps/serviceCenter/feedback.asp 2 IP6 Marian Karr From: Garry Klein [the3rdiowa@mchsi.com] Sent: Monday, September 08, 2008 7:05 AM To: Michael Myer; Teresa McAndrews; Bill Mielnik; Claudia Barber; Emiil Martin; Clopton Beth; Peter Gebhard; Jess Alexander; Colleen and Cary Solberg; Ivar Christopher; lisa.koblenz@act.org; Mario Duarte; Joe Bolkcom; R Koblenz L; Lanny Wilkerson; Beat4u@aol. com; Warren Ness; Shelton Allen; linzcherry@yahoo.com; Lois Cole; Mike Carberry; Robin and Rick Chambers; Mary Coburn; Bruce Maurer; Margaret Hurst; Erica Hannickel; DelHolland@aol.com; Maggie McKnight; Bronwyn Threlkeld-Wiegand; ken122O @mchsi.com; clopey@aol.com; derekins@gmail.com; amjO0O3@msn.com; kathryn- hall@uiowa.edu Cc: kimberly-sandberg@iowa-city.org; Rick Fosse; Council; Marcia Klingaman Subject: Sidewalk repairs Hi neighbors, I have heard from a number of neighbors in our Creekside neighborhood about the city marking their sidewalks for repairs (mine was one of them). The city has a schedule for inspecting each neighborhood's sidewalks about every five years and sending notices to homeowners to explain their reasoning One complaint I have heard is that the markings seem to be arbitrary. If you feel this is true for you, you can call Kimberly Sandberg in the Public Works Division at 356-5140 and notify her of your grievance--examples help, so you might want to take pictures. Another complaint I have heard is why aren't repairs being made to the streets and sidewalks in the city right of way. I don't have a reasonable answer, but am copying our Public Works Director, Rick Fosse at 356-5141 and city council members. A question I've heard is does anybody do this work inexpensively? One way of keeping the price down is to apply for a PIN grant in March of next year to offset some costs for these repairs (PIN grants are neighborhood improvement grants and are awarded to neighborhood associations in amounts up to $5000), I'm aware of a few neighborhoods who have received PIN grants specifically for this purpose. Another option is to work together and get competitive bids for repairing multiple residences' sidewalks. Sadly, information about the sidewalk inspection program is not readily available on the city's website, so I can understand how this appeared to come out of the blue. I would be glad to host a meeting at our house if folks want to talk about other alternatives. Garry 354-2600 i Iowa City Housing and Inspection Services IP7 Customer Service Survey ~ September 2008 NOW ARE WE DOING? Your service is okay! Keep up the good work. Thanks! Great! Very professional, polite, answered all my questions. I think you do a good job of making sure that rental units are in good shape. Thorough and fair inspection. Pleasant experience. Thanks for the good work! Okay. In the overall picture of things I will have to say that I am satisfied with the City inspection services. Great! Norm is great, very efficient, on time, and doesn't make me feel bad when I miss stuff. Great memory too! Paperwork arrived in a timely fashion, even though landlord lives in a different town. Good job, Norm! I had a very positive experience dealing with Bob Shaver and Iowa City Housing and Inspection Services. He was on time for our appointment and conducted an efficient inspection. He even had the answers to my questions. Bob Shaver was really great about fitting the inspection into my schedule, which I appreciated. I was disappointed it took almost four months to get back my permit, but Art Anderson was very helpful and nice to work with. Thank you. Lee Ann was pleasant to work with. Efficient and timely. Norm Cate: was on time; did a thorough inspection; was polite and friendly; give him a raise!! Bob is good, polite, knows his stuff and reasonable about time to cure problems in a hectic business, it seems. Art was very accommodating at arranging the inspection and he was very professional and helpful during the inspection process. hisadm/comments9-08.doc Art does very well. He's on time and sticks to his format. No problems here. Dear Madam or Sir: Mr. Shaver inspected and reviewed both units with reasonable assessments of needed changes. Pat is very knowledgeable and professional. She also is patient with tenants' mess and them! Very well. Had a major repair that was needed and Bob was very patient and understanding and gave us time to get it done. The inspection at 249 Wolf, Iowa City, conducted by Stan Laverman was an enlightened experience. The inspector was an excellent teacher. He explained every detail well. Thanks. Art did an excellent job. He was thorough and did check with his superior regarding whether railing was necessary on entrance, 1405 Rochester Ave. Lee Ann is very businesslike and explains everything. She is willing to work with us and very considerate. If all people had her personality this world would not have any problems. I am sending this back for two properties: 1.) 608 Camp Cardinal and 2.) 608 Camp Cardinal. Great job. Keep it up. Thanks. Hisadm/comments4-08.doc 2 IP8 MINUTES APPROVED CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE August 5, 2008 CITY HALL, LOBBY CONFERENCE ROOM,8:00 A.M. Members Present: Regenia Bailey, Matt Hayek Staff Present: Wendy Ford Others Present: Nancy Quellhorst, Chamber of Commerce, Kevin Digmann, Hodge Commercial Management, Kirsten Frey, attorney for Hodge Commercial Management, Gigi Wood, Corridor Business Journal, Gregg Hennigan, Cedar Rapids Gazette RECOMMENDATIONS Hayek moved to recommend the 3fd Amendment to the Sycamore Mall Development Agreement. Seconded by Bailey. Carried 2-0 (Champion absent). CALL MEETING TO ORDER: Chairperson Regenia Bailey called the meeting to order at 8:06 A.M. CONSIDER APPROVAL OF THE MINUTES OF THE MAY 30 AND JUNE 10, 2008 ECONOMIC DEVELOPMENT MEETINGS.: Hayek moved to approve the minutes of the May 30 and June 10, 2008 meetings as presented. Bailey seconded. Motion carried 2-0 (Champion absent). CONSIDER AMENDMENT TO SYCAMORE MALL DEVELOPMENT AGREEMENT.: Ford reviewed the memo included in the packet with the proposed 3` amendment to the Development Agreement for Sycamore Mall. She explained the original agreement requires the owners to get prior consent from the City for transfer of ownership in the project. The memo detailed the sequence of ownership from the original development entity, which was first amended in March 2004, to a group of individual L.C.'s; amended for a second time in May 2004 when the group of individuals bought out one of the partners, to the present. Kevin Digmann explained that the prospective new owners, Core Investors, would retain Hodge Commercial Management to continue to manage and operate the Mall. Hodge will also continue to be responsible for the final two TIF certifications and that the project is meeting the criteria set forth in the original development agreement. Digmann noted that Hodge Management will remain the recipient of the TIF rebates in June 2009 and 2010. He noted that Hodge's desire was never to be long-term mall owners, but rather, investors in the community. This sale would further enable the company to continue investment in new projects the community. There was discussion about Hodge remaining the recipient of the TIF rebates instead of the new owners, to which Hodge replied, that had been negotiated in with the sale price of the mall. The final two rebates in June of 2009 and June of 2010 will be for taxes paid on assessment in the years of January 2007 and January 2008. Ford noted that with five of seven years complete in the agreement, the project has largely achieved the City's goals. Property values of the mall have increased more than $10 million since 2000, the mall has achieved targeted occupancy and has just re-signed a 5-year lease with the anchor, Von Maur. She noted that the Development Agreement was fora 7 year TIF rebate requiring a minimum of 15% increase in property value, maintaining a 40,000 square foot anchor store, at least 80% occupancy rate and full payment of all property taxes due. . Economic Development Committee Meeting June 10, 2008 Hayek noted his approval, saying that he likes the idea of local dollars staying local and new investment being made in the community. Hayek moved to recommend the 3'd Amendment to the Sycamore Mall Development Agreement. Seconded by Bailey. Carried 2-0 (Champion absent). CONSIDER REQUEST FOR AMENDMENT TO GLUTEN EVOLUTION CDBG LOAN.: Ford reviewed the request from Breads by Anna/Gluten Evolution to amend her CDBG loan which was executed in September, 2007. The company requests that the original loan amount of $50,000 for working capital at 3% be reduced to a 0% interest. Staff asked for another set of financial statements to review in order to make a recommendation. Based on those financials, the business seems to be healthy, increasing 22% over the last year. Liabilities exceed assets and the owner is looking for ways to reduce expenses in order to support an expansion. The average monthly interest on the CDBG loan over the length of the loan at 3% is $65 per month. In staff's opinion, the monthly savings gained in reducing the rate to 0%, would still not support a large expansion loan. Further, the rate is already favorable. There was further discussion that the owner may be seeking to expand outside the Iowa City city limits because she has not found a viable Iowa City location that is affordable. In staff's opinion, lowering the interest rate might be worth considering if we could ensure the business remain in Iowa City, but the owner was not willing to make the commitment, so staff recommends against considering this request. Hayek agreed saying that Gluten Evolution signed an agreement less than a year ago and is not in favor of making any changes to that agreement. STAFF TIME: Ford briefly described the status of the Flood Recovery Loan Program. Of the $75,000 Loan funds, $66,900 had been disbursed to 15 companies. The review committee will meet again tomorrow which will likely be the last meeting, as the funds will likely be used up with the applications reviewed at that meeting. Jeff Davidson asked Nancy Quellhorst how collection and distribution of the Chamber's flood recovery donations was to be conducted. Quellhorst said the funds would be divided between Iowa City and Coralville businesses based on need. The need could be determined by total dollars or number of businesses affected and the Chamber has elected to use the number of businesses actually flooded. In Iowa City, those number 50, and when asked by Bailey what the comparable number in Coralville is, Quellhorst reported 125 businesses with direct flood damage Hayek commented that the Iowa City funds were distributed efficiently and effectively and appear to have accomplished the goal of helping local businesses get back on their feet efficiently as .well. COMMITTEE TIME: none ADJOURNMENT: Hayek moved to adjourn the meeting at 8:45 a.m. seconded by Bailey, meeting adjourned. Economic Development Committee Meeting June 10, 2008 Council Economic Development Committee ATTENDANCE RECORD 2008 TERM ~ w w ~ ~ ~ ~ NAME EXP. cn cfl rn ~ N o o "' Regenia 01/02/10 X X x X X X X X Bailey Matt 01/02/10 X X X X X X X X Hayek Connie 01/02110 X X x x X X OIE O/E Champion Key: X =Present O =Absent O/E = Absent/Excused IP9 MINUTES DRAFT Iowa City Airport Commission August 14, 2008 Iowa City Airport Terminal - 5:45 PM Members Present: Janelle Rettig, Howard Horan, Randy Hartwig, John Staley Members Absent: Greg Farris Staff Present: Sue Dulek, Michael Tharp Others Present: Peggy Slaughter, David Hughes, Phillip Woolford, Jay Honeck, John Dane, Dave Larson, Jason Honea, Harrel Timmons, Mike Hull RECOMMENDATIONS TO COUNCIL: Approve a proposed easement to MidAmerican Energy. DETERMINE QUORUM: In the absence of Chairperson Farris, Secretary Rettig called the meeting to order at 5:47 P.M. APPROVAL OF MINUTES FROM THE JULY 10 AND AUGUST 4, 2008 MEETINGS: Hartwig stated that he did not have any changes or corrections to the July 10, 2008 minutes. Rettig stated that she has a clarification on page 2, Item C.i -Hertz lease. She noted that Staley amended this, but that the language he amended this to is not present in the minutes. Staley stated that it basically was that the financial components of the new agreement would be rolled back to August 1. Hartwig moved to approve the minutes of the July 10, 2008 meeting as amended; seconded by Horan. Carried 4-0. Hartwig moved to accept the minutes of the August 4, 2008 meeting as submitted; seconded by Rettig. Carried 4-0. PUBLIC DISCUSSION: Honeck spoke to those present about the discussion going on with the Friends of Iowa City Airport regarding the near-misses with spray operators recently. He stated that he hoped the Commission might discuss this issue, and that in the future, he would like to see some discussion take place before something happens. Iowa City Airport Commission August 14, 2008 Page 2 of 8 He added that communication is the key when operating at an uncontrolled airport. Rettig noted that the Commission is unable to have a discussion about anything not on tonight's agenda; however, they can listen to concerns. Rettig asked Honeck to speak to this, and he noted the serious safety issue that needs to be addressed in this situation. He suggested that Stutsman, who hires these pilots, talk to the pilots and let them know that they need to talk on the radio when utilizing the Iowa City Airport. Horan asked if these pilots can't be reported, and Honeck responded to this issue. The group briefly talked about the importance of using radios and letting others know what is happening when these short-term situations occur. Rettig asked for clarification from Woolford regarding some of these pilots "camping" at the Airport. She noted that this would not be allowed, and that she will ask the FBO for further comment on this. Mike Hull with the University of Iowa Air Care addressed the group next. He stated that two months ago they had amid-air collision in Arizona where two helicopters collided. Seven people were killed in this accident. He noted that this has prompted a discussion of safety across the nation. Out of these discussions, there is a request of the Commission regarding changing the pattern at the Airport to south traffic only. He noted how busy the helipad is at the University Hospitals, and how a change like this would enhance the safety for all who fly in this area. Staley noted that he would propose that at their September meeting they review safety matters, such as this request, and make any needed changes at that time. Honeck noted that the 90th anniversary of the Airport is approaching, and he suggested having t-shirts commemorating this event for sale. Rettig suggested using this as a fundraiser for the viewing area. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park -Peggy Slaughter addressed the group. She stated that she does not have any current offers, but that the interest in these properties is quite high. She has had several new requests from flood victims looking to relocate their businesses. A brief discussion ensued regarding the flood plain map for this area, in light of this year's flooding. Slaughter added that with the possibility of the new Wal-Mart store back in the spotlight, she has actually seen an increase in calls for this area. Rettig then brought up the topic of what is owed on the Aviation Commerce Park land. Tharp noted that in the original accounting paperwork there was an error that was not caught until year-end transactions took place. This is when Deb Mansfield caught the error. Therefore, $92,000 is still owed on the loan for infrastructure. Rettig asked Tharp if he agreed with these numbers, to which he stated he did. Horan asked if they could get a detailed explanation of some of these items so they can have a better understanding of issues such as this. Tharp asked if the Commission would like to have Deb Mansfield and 2 Iowa City Airport Commission August 14, 2008 Page 3 of 8 Kevin O'Malley meet with them. Members stated that they would be agreeable to this, and Tharp will check into setting up such a meeting. b. Hertz -Jason Honea of Hertz addressed the group. Tharp noted that they have an agreement worked out, and that Members should have received a copy of this. He added that if there are no further changes, this should be ready to go. Rettig noted the memo that they received on building repairs, and Tharp spoke to the roof repairs. He spoke to several contractors about this, but received only one bid on the job. Tharp added that he is comfortable with this contractor as the sold bid, but that ultimately it is up to the Commission. Rettig asked what is needed for this repair, and Tharp explained further. He noted that there is leaking in approximately four areas. The cost for this repair is approximately $6,500. A discussion then began on the various repairs and upgrades that are needed at the Hertz building. Rettig stated her concerns in achieving these repairs and also meeting budget restrictions. She added that if Tharp is unable to obtain another roofing bid, she believes they should move forward with the submitted bid. Horan moved to repair the roof as discussed; seconded by Staley. Carried 4-0. i. Consider a Resolution Approving Lease -Rettig noted that she has two items to discuss on the Hertz lease. One item is that the City requires non-discrimination language in leases, and secondly, she talked about the over-flow stalls in the parking item on the lease. Hertz spoke to this, stating that there must have been some miscommunication. Rettig also spoke to having overflow stalls by the JetAir building. Hartwig also spoke to the overflow stalls and Hertz clarified this issue. Dulek briefly brought up a couple of changes that need to be made to the lease, such as incorrect dates and typos. Hartwig moved to Consider Resolution A08-26 to Approve the Hertz Lease as Amended; seconded by Horan. Carried 4-0. c. Dane/Carson Land Sale Request -John Dane introduced Dave Larson to the Commission. The discussion began with a review on the map of the land in question. This sale encompasses a desire to purchase the easement, in addition to the land surrounding. Dane and Larson responded to Members' questions regarding this sale and what the future plans are for this area. Dane stated that he would like to own the lane on his property, and would also like to open up his pasture more. Horan stated that he does not have any issues with this sale. Rettig stated that she feels she needs more information on this sale before making a decision. Dane further explained that the obstacle-free zone has changed and that this is what has prompted this desired sale. Dane stated that they need to know the Commission's decision by October, that they don't have to have an answer this evening. Larson noted that they do have a current appraisal on this. 3 Iowa City Airport Commission August 14, 2008 Page 4 of 8 d. Hangar #31 -Tharp noted that Members received a handout on this earlier this evening. He stated that this is a standard lease, with additional info on the no smoking regulations. Rettig asked Tharp for clarifications on this specific lease, to which he responded. i. Consider a Resolution Approving Lease with Interwest Equities - Staley moved to Consider Resolution A08-27 to Approve the Interwest Equities Lease; seconded by Horan. Carried 4-0. e. Consider a Motion to Adjourn to Executive Session to discuss strategy with Counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. -Moved by Hartwig, seconded by Horan. Carried 4-0. (into Exec Session at 6:54 P.M, out at 7:09 P.M) £ FAA/IDOT Projects -Earth Tech -David Hughes i. Runway 7/25 -Hughes stated that they are pretty much on schedule with this project. Members asked questions of Hughes regarding the timeline changes. He noted the new date is October 24th. Horan noted that the lighting project was not completed within contract days, and Hughes agreed, stating that there are several things going on with this. Hughes gave further information to Members regarding the lighting portion of this project. Hughes stated that they are still awaiting further word from Qwest on their relocation portion of this. 1. Consider a Resolution Approving Supplemental Agreement No. 11 -Hartwig moved to Consider Resolution A08-28 Approving Supplemental Agreement No. 11; seconded by Staley. Carried 4-0. ii. South Aviation Development Study -Hughes stated that he has sent the final draft to the FAA for their comments. He contacted them earlier this week and was told that they should have the FAA's comments by next week. This will then enable them to close out the runway projects, among other things. Rettig asked questions of Hughes concerning her review of this study. iii. South Taxilane Rehab -Hughes briefly covered what is being proposed here. iv. 2008 Pavement Rehab (North Taxilanes) -Hughes noted that the plans and specs are out for this, with tonight being the public hearing. 1. Public Hearing -Rettig opened the public hearing. Hughes explained the type of pavement for this rehab project, and how it will hopefully spur some competition from contractors in the bidding process. Dulek noted that she made some minor changes to the bid notice, and she briefly explained these changes to Members. Rettig closed the public hearing. 4 Iowa City Airport Commission August 14, 2008 Page 5 of 8 2. Consider a Resolution Approving Plans, Specifications, Form of Contract, and Estimate on Cost for the Construction of 2008 Pavement Rehabilitation -Horan moved to Consider Resolution A08-29 Approving Plans, Specifications, as amended, Form of Contract, and Estimate on Cost for the Construction of 2008 Pavement Rehabilitation; seconded by Hartwig. Carried 4-0. v. Jet A Fuel System / AvGas Upgrade -Hughes noted that they have done some testing on the system, and a change was made to a filter in the system. This did make a positive change in the flow rate. vi. Terminal Apron Rehab -Hughes stated that they received part of the close-out paperwork from the contractor, but that there are still some missing pieces. Therefore, he asked that they delay this to the next meeting. vii. Obstruction Mitigation -Hughes stated that the contractor on the United hangar has been behind, but they are now about halfway through the project. MidAmerican has started their relocation work. Dulek addressed some of the problems they have run into with this relocation work. She explained what MidAmerican is wanting to do and how they will need an easement in order to proceed. The Members agreed that the Council should approve the requested easement. viii. Building H - U of I Hangar Expansion -Hughes stated that they have met with Tom's group and reviewed some cost-saving items. He stated that he has talked with several electrical contractors, and they are all very busy right now because of the flood-related work volume. He believes if they put this out to rebid, they could end up with an even higher bid amount. Hughes suggested they relook this project in a couple months, to see if they should then rebid. The bottom line is the project is too expense for all involved, at the current time. Hughes noted that the estimate was $354,000, and the bid came in at $479,000. Members agreed that more space is needed, and they continued to discuss how funding for this could be secured, and whether or not Tom could find a grant to help in this project. g. T-Hanger Contracts/Rates/Fees -Hartwig recused himself from this discussion due to a conflict of interest. The discussion began with Tharp noting that he has created three options: one being the $5.00 increment on B and C, as discussed previously; option two is a CPI inflator at 5 1/2%; and option three, a combination of the two. He explained his handout to the Members, giving specifics on how the increases would play out. Members discussed Tharp's proposals, asking for further clarification as they attempted to come to a consensus. Horan asked Tharp to clarify his proposal again. Iowa City Airport Commission August 14, 2008 Page 6 of 8 Tharp noted that his basic proposal was to increase hangars B and C by $5.00, which puts rates at $149 per month. Everybody else would stay at the same rate, according to Tharp. Rettig asked if they need a resolution in order to approve the lease, and Dulek responded. The discussion continued, with Members voicing their opinions on a rate increase. Rettig stated that they could use a smaller percentage of increase than the 5.53%. Staley suggested 3%, plus the $5.00 on B and C, rounding to the nearest dollar. Staley moved to Increase T-Hangar Rents by 3% Across the Board, Rounding to the Nearest Dollar, Using the Same T-Hangar Lease as Last Year, With the Addition of the Anti-Smoking Provision; seconded by Horan. Carried 3- 0 (Hartwig recused himself, and Farris absent). A brief discussion continued, with Members reviewing what the new rates will be. h. Airport "Operations"; Strategic Plan-Implementation; Budget; Management - Rettig spoke to page 3, local phone service, questioning the amount here. She also noted that they had had an informal discussion with JetAir regarding cleaning, and she asked if anything had been further decided here. Woolford stated that the current cleaning company is under contract until December. On page 4, fuel charge-back and vehicle repair and maintenance charge-back, Rettig asked why this amount is where it is. Tharp stated that most likely it's a timing issue. She also asked about the carryover amounts on page 6. Tharp stated there should be approximately $37,000 here. Rettig continued, asking for further clarification on items she has questions about. She asked about crack-sealing on the runway, and Tharp noted that this was originally part of the FAA grant, but that now they do not have enough money to fund this. Rettig then asked about the banners that are still up from Merschman Seeds, stating that she believes they should not still be up. She asked if Tharp had checked into this, and he noted that they put these up only when they have tours, which they had one today. He added that they have had quite a few events this summer. Rettig questioned the signage issue, stating that she believes they need to enforce this. Rettig stated that the City does have a sign ordinance, and she questions if these banners would be considered legal. FBO Staff Report -Woolford spoke to the Members, stating that he would like to comment briefly on the Merschman Seed issue. He noted that they have done a beautiful job in their set-up and he praised how nice it looks. He added that most agricultural plots located at airports are usually pretty mundane. He continued, stating that JetAir's charter business has suffered a big hit, now averaging around two trips per week. He stated that one factor is a lack of donors in the organ transplant system, which is due to less traffic and therefore less accidents. He also spoke about the decrease in traffic and decrease in speeds on the highways, and the fuel savings being seen because of this. He added that JetAir has sold around five jets since the first of the year, which has been a good thing in this economy. Woolford noted that the 6 Iowa City Airport Commission August 14, 2008 Page 7 of 8 Sertoma breakfast is coming up in a week and they have been preparing for this. Rettig spoke about an August 11th article from U.S.A. Today about security at small airports, and Woolford responded that they already do much of what was talked about in this article. Honeck added that Congress does not agree with this proposal, and that many Congressmen are proponents of the smaller airports. A brief discussion ensued regarding security and how smaller airports tend to know everybody who uses the airport, and that strangers do tend to stand out. Hartwig asked how they will handle the taxi- ingback that will need to happen with the various activities going on, such as football games, Sertoma, etc., and the increase in air traffic. Woolford addressed this, stating that they have been looking into this very issue. j. Subcommittees' Reports -Hartwig brought up the presentation on the viewing area, and Tharp further noted about this. k. Commission Members' Reports -Staley stated that the U of I Hospitals and Clinics would be interested in exploring placement of an air care hangar at the Airport. He asked that at the next meeting they put this on the agenda for the Commission's review. The Director of the Emergency Treatment Center will address the Members on this proposal, according to Staley. Horan noted that he has been taking photos of the United hangar demolition, showing the progression. Staff Report -Tharp noted that Sertoma is August 24th, and also that the City Manager's tour had to be rescheduled. He added that it was a good tour, and that the City Manager sat down for a brief discussion with them, as well. Tharp also added that he has been approached about the piece of land on Gilbert that the Airport owns. There is an interested party who wants to buy or lease in this area. Rettig stated that she is very. interested in making some money on this property, and feels they should talk further about this. SET NEXT REGULAR MEETING FOR: Rettig asked if everyone plans on attending next month's meeting as she may not be able to make it. Staley suggested they move the time to 7:00 P.M. Members stated that they are flexible, and will keep it at 5:45 for now and can adjust it if necessary. Next meeting is: September 11, 2008 at 5:45 P.M. ADJOURN: Meeting adjourned at 8:44 P.M. 7 Iowa City Airport Commission August 14, 2008 Page 8 of 8 Airport Commission ATTENDANCE RECORD YEAR 2008 lMPrtinv natecl NAME TERM EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13 7/10 7/24 Randy Hartwig 3/1/09 X X X X X X X X O/E X X Greg Farris 3/1/13 X X X X X X X X X X X John Staley 3/1/10 X X X X X X X O/E O/E X X Howard Horan 3/1/14 X X --- X X X X X X X X Janelle Rettig 3/1/12 X X X X X X X O/E X X X (CONT.) TERM. EXP. 8/14 9/11 Randy Hartwig 3/1/09 X Greg Farris 3/1/13 O/E John Staley 3/1/10 X Howard Horan 3/1/14 X Janelle Rettig 3/1/12 X KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 8 IP10 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT AUGUST 13, 2008 - 5:00 PM EMMA J. HARVAT HALL Members Present: Karen Leigh, Michelle Payne, Caroline Sheerin, Edgar Thornton, Ned Wood Members Excused: None Staff Present: Sarah Walz, Doug Ongie, Sara Greenwood-Hektoen Others Present: Melissa Gillund, Burghend Shoenfeld RECOMMENDATIONS TO CITY COUNCIL: NONE. CALL TO ORDER: The meeting was called to order by Chairperson Ned Wood at 5:06 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Leigh, Payne, Sheerin, Thornton and Wood were present. CONSIDERATION OF THE JULY 9, 2008: Payne motioned to accept the July 9, 2008 minutes with corrections noted for the record. Leigh seconded. The motion carried 5-0. SPECIAL EXCEPTIONS: EXC08-00014: Discussion of an application submitted by ALPA for a special exception to reduce the number of required off-street parking spaces for property located in the I1 zone at 2309 and 2278 Heinz Road. Sarah Walz introduced Doug Ongie, an intern in the Planning Department, to the Board. Ongie had prepared the staff report for this special exception and presented it to the Board. Iowa City Board of Adjustment August 13, 2008 Page 2 Ongie called the Board's attention to a letter he had distributed from Tru Art that supported the special exception applied for by ALPA. Ongie noted that his office had also received a call from Lyle Miller in support of this application. Ongie said that the applicant is proposing to construct two warehouses and a production facility at 2278 and 2309 Heinz Road. To do this, the zoning code would require ALPA to provide 119 parking spaces. ALPA would like to reduce the number of required parking spaces from 119 to 84. The area for the additional 35 parking spaces required by code would be left as open, green space in the event that parking spaces were needed in the future. Ongie said that one warehouse has been completed, and the second warehouse and production facility are currently under construction. During this period of construction, ALPA has been parking temporarily on the drive, something which is not allowed. Ongie said that the applicant has agreed to eliminate the temporary parking as soon as the improvements are complete. Ongie stated that the specific approval criterion for this special exception is as follows (14-SA- 4F-5): Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces up to 50%. Ongie stated that the applicant has provided Staff with an analysis of their parking needs, which shows the greatest need for parking taking place during the transition from first to second shift at 4:00 p.m. At that time, Ongie said, a total of 66 spaces are necessary for all employees: 14 spaces for office employees, 26 spaces for first shift workers leaving the site, and 26 spaces for second shift workers arriving at the site. If the parking requirement was reduced to 84, this would leave an additional 18 spaces for visitor parking. Ongie outlined the General Standards (14-4B-3, Special Exception Review Requirements) as they pertained to this application. The site plan has been approved, Ongie said, so all utilities, setbacks, drainage issues access roads, etc., have been taken care o£ The applicant has shown that the number of parking spaces required by code is excessive in this case and will not endanger the public or adversely affect the property values of neighboring properties. Ongie said that it should also be noted that transportation staff has received complaints of off- street parking off of Heinz Road. Staff is aware that there have been issues with semi-trucks parked somewhere near the Heinz Road, Scott Boulevard and Highway 6 intersections, but did not witness this when Staff was on site. The parking issues are not related to ALPLA. Ongie said the applicant has agreed to provide additional parking if the site or the number of employees were ever expanded. Ongie stated that Staff finds the parking requirement to be excessive in this case and recommends approval of this special exception. Iowa City Board of Adjustment August 13, 2008 Page 3 Wood asked if there were any questions from the Board. Payne said that she had a question on the specific approval criteria. She questioned what exactly the term "unique" was intended to mean in this situation. Walz replied that the parking requirement is set using transportation models for what the norm is for a factory. Individual factories will differ from that norm. In this case, the number of employees per square foot of factory space is substantially less than that predicted by the transportation model. To a certain extent, Walz said, the applicant is "on their honor" in reporting their true parking needs. Walz noted that it would not serve the applicant well to create a situation for themselves in which they did not have enough parking. If the applicant's employment numbers ever go beyond a certain ratio of their current stated need, Walz explained, the City would require them to put in additional parking. Payne noted that a special exception is granted to a specific property, not to the owner of a property. Payne asked what would happen if ALPA was no longer there in ten years and the company to follow them had a much larger number of employees. Payne said that the way the special exception was written, it seemed as though the exception was being granted to the applicant rather than the property. Walz said that this exception would be tied to this specific use by their circumstances. She said that if another factory were to come in that employed greater numbers of employees, that factory would be required to provide more parking. Payne asked if instead of using the word "applicant," the language could be broadened to more clearly apply to the use of the property rather than the user. Walz agreed that this would be best. Thornton asked for clarification on the traffic complaints that Ongie had mentioned, and asked if the complaints were related to the temporary parking in the applicant's driveway. Walz clarified that the parking complaints were not related to ALPA at all. Staff merely felt the Board should be aware of the situation and know that Staff was monitoring it. Thornton asked if there would be further communication between the City and the applicant if the special exception was granted. Specifically, if the applicant did greatly increase its employment numbers such that the additional parking requirements kicked in, how would the City know that? Walz said that the process would most likely be complaint-driven. If there came a time when cars were parked along the roadside and a complaint was received, Staff would investigate ALPA's staffing levels. Additionally, Walz said, if ALPA did anything on- site requiring a building permit, then parking requirements would automatically be reviewed as apart of that process. Thornton asked if there was no process in place for regular follow-up communication on such matters. Walz said that there is not. She again noted that it would not be in the applicant's best interest not to provide enough parking for its staff when the space was there and available. Sheerin asked how Staff would know that the problem was indeed one caused by ALPA if Staff was acting only on complaints. Walz replied that a staff member would be sent out to observe and establish if those parking cars were then going to the ALPA Iowa City Board of Adjustment August 13, 2008 Page 4 property or another property in the area. Payne observed that enforcement of the exception would be "reactive" in nature, rather than proactive. Walz agreed that this was the case. Payne asked Ongie if it was the small lot or the big lot depicted on the site plan that was being discussed. Ongie replied that it was the bigger lot. Wood asked to return to Payne's point in which she discussed tying the exception to the property rather than the applicant. Walz said that the special exception, as written, would be granted at a certain employment level and that it would be perfectly acceptable for the Board to tie that employment level in as a condition of the exception. The employment level would then apply to anyone using that property, not just this applicant. Walz said that this is how Staff interprets the current language, adding that if it makes the Board more comfortable to provide specific staffing levels in the exception then they should do that. Walz said her reading of the existing language is that the exception would be granted at a given staffing level and if that staffing level changed, then the unique characteristic upon which the exception had been based would no longer exist. Walz asked for Greenwood-Hektoen's comments on the matter. Greenwood-Hektoen said that she believed it would be better to more broadly state the exception and reference it to the staffing levels rather than leaving the language tied specifically to the applicant. Thornton asked if it would be improper for the Board to recommend to the City that it create some sort of business-friendly process for following up on special exceptions such as this and inquiring once-yearly if their parking needs have changed. Greenwood-Hektoen said that the process would be more of acomplaint-driven one, as the City probably did not have the resources to monitor these types of situations. Greenwood-Hektoen said that a lot of the City's responses from department to department are complaint-based, and that this is out of necessity. Walz added that with any special exception there is a certain amount of self-enforcement in which the City assumes the applicant has enforced their end of the bargain until and unless it receives a complaint stating otherwise. Walz noted that special exceptions are often passed that require a certain level of landscaping. A few years after the exception has been granted, either a new property owner or the one granted the exception could remove that very landscape. The way Staff would know about this is if Staff happened by the property and noticed, if someone complained about the removal of the landscaping, or if the owner came in and applied for a building permit on the property. Walz said this is something that occurs once in awhile: either someone forgets or a new owner is unaware of the requirement and either a complaint or a permit application reveals the non-compliance. Leigh stated that she is all in favor of green space and believes that if something does not have to be paved, then it is good to leave it unpaved. That said, she also wanted a little more direction on how to word the special exception so that it applies regardless of the owner. Walz said she believed this could be done by basing the special exception on the current staffing levels presented by the applicant. Greenwood-Hektoen suggested spelling out what the current staffing levels are. Walz said that it could be stated such that if staffing levels went up by more than 20% the parking requirement would revert back to code. Greenwood-Hektoen suggested Iowa City Board of Adjustment August 13, 2008 Page 5 that the word "applicant" could be replaced with "owner, occupant, or successors in interest." Walz said that the applicant is presenting 66 as the maximum number of employees that would be at the site at one time. Payne said that she was uncomfortable with that because 20% of 66 is 13; if 13 people were added and scattered over three shifts it would not affect parking because they would only need three more spaces per shift. On the other hand, Payne noted, if the applicant added 13 people on one shift and none on the others, it would have a large impact on the parking situation. She said this did not seem fair to the applicant, as they already have 18 extra parking spaces. Payne explained that this formula would unduly and unnecessarily limit the applicant's ability to even nominally expand their employee numbers. After some discussion, Walz and Payne agreed that what they both had intended to express was that if there was an increase in anticipated use of more than 20% of the current use at peak shift-change times, then the parking requirements would revert back to those of the code. Walz said she would advise the Board to include at least four parking spaces for visitors or additional users, limiting the total number of possible employees at that peak time to 80. Thornton asked if the Board was potentially boxing itself in by setting a specific percentage for the applicant. Thornton suggested that perhaps Counsel and Staff might look at this in terms of what would be equitable for business as a whole. Thornton questioned whether or not the Board might be inadvertently creating a " 20% rule" to be concerned about with future applicants. Walz assured Thornton that the Board is in no way bound by past decisions, and need not be concerned that this decision will set a precedent. Each case is unique and individual as viewed by the Board of Adjustment. Requirements are outlined in the code, which is what sets the "precedents." The Board of Adjustment, Walz said, has a role of granting relief (or not) for that requirement. Walz said that the Board is not setting a new standard requirement; rather it is granting relief from the requirement while acknowledging that there is some threshold at which the applicant must comply with the standard requirement in the code. Wood invited the applicant to address the Board. Melissa Gillund of Shive-Hattery spoke on behalf of ALPA. Gillund said that for the past year ALPA has been working with Staff on the site improvements. She said they had gone over parking requirements for the property and designed the grading, drainage, utilities for the property for the required 119 spaces. Those plans have been approved, and now ALPA is asking for a reduction in the number of required spaces. Gillund said that she believed they had fairly shown that if a need for the additional parking arises in the future, ALPA can pull out the existing plans and very easily implement them. ALPA would prefer to see green space out there if they do not need that parking. ALPA is also very willing to work with the City if employee numbers change. Gillund asked if the Board had any questions. Sheerin asked if the green space will be set aside for the purpose of parking should the need arise. Sheerin said that while that has been stated by the applicant, there is nothing in the application or the conditions discussed that specifically requires ALPA to set aside that parcel of land. Walz confirmed that there is nothing outlining that this particular space need be reserved for future parking. She stated that if ALPA came in for a building permit for that area, Iowa City Board of Adjustment August 13, 2008 Page 6 the expansion would trigger a reexamination of the parking issue, in which case ALPA would need to either set aside parking for that area or find another suitable area on the property for additional parking. Payne pointed out that if ALPA wished to build another warehouse, then a new parking requirement would be implemented for ALPA, and if ALPA wished to have that requirement reduced, they would need to return to the Board of Adjustment. Walz stated that this was correct. She noted that the same would be true if the Board placed a condition on the number of employees as it pertains to the parking, if ALPA's employee numbers grew and they wished not to raise the parking to the full 119, that too would have to come before the Board for a special exception. Thornton asked if the discrepancy between projected parking needs for a factory of this size as compared to the real parking needs was a result of technology, improved operations, or business climate. He asked because he wondered if the Board would be seeing ALPA back again next year if the business climate improved and resulted in a need for more parking. Burghard Shoenfeld, the owner's representative, stated that ALPA currently has too many parking spaces and that other than the area in the front, most of the spaces are never occupied. Schoenfeld said that if ALPA adds more machines, it does not necessarily mean that they need more employees. Schoenfeld noted that ALPA actually runs four shifts, and that even if 16 workers were added, only eight additional spaces would be needed. Schoenfeld added that those eight spaces could easily be covered with the surplus parking in their current 84 spaces. Wood stated that he wished to clarify that he believed everyone was happy not to have too much pavement in the area; however, he said, the concern is that if the property changes hands the Board wishes to ensure adequate parking is available for the next use. Schoenfeld pointed out that if the property changed hands the new owner would definitely be applying for a new building permit. Schoenfeld explained that even if the property was purchased by someone in the same industry, the set-up would have to be entirely different. Further, Schoenfeld said, in the almost 60-year history of the company, it has never sold one of its 120 sites. Wood said that he understood that, and that the Board simply wants to make sure it is consistent in what it does. Wood invited further questions. There were none. As there was no one else present, the public hearing was closed. Wood invited discussion from the Board. Payne said that she had come up with some wording she wished to share with the Board. She said that the exception could be granted "subject to the requirement that if the maximum number of parking spaces needed during a shift change exceeded 80 spaces, the number of spaces required by the zoning code will be provided." Walz read the wording back to Payne to make sure she had it correctly. Leigh pointed out that the code requires 119 spaces and that this was potentially much more than the applicant might need. Walz said that the applicant could request another special exception at that time if that was the case. Leigh asked if language requiring the "applicant or successor in interest" would also be included in the special exception. Payne said that it would not be necessary with her wording because the special exception is tied to 80 spaces, not the applicant. Iowa City Board of Adjustment August 13, 2008 Page 7 Payne moved that EXC08-00014, an application submitted by ALPA for a special exception to reduce the number of required off-street parking spaces for property located in the I1 zone at 2309 and 2278 Heinz Road, be approved subject to the requirement that if the maximum number of parking spaces needed during a shift change exceeds 80 spaces, the number of spaces required by the zoning code will be provided. Sheerin seconded the motion. Wood invited findings of fact. Greenwood-Hektoen said that she had not heard Payne specify that the parking reduction was from 119 required parking spaces to 84. Payne noted that that language was not in the description on the agenda so she had mistakenly skipped over it. Payne stated that she wished to amend her motion to say: an application submitted by ALPA for a special exception to reduce the number of required off-street parking spaces from 119 to 84 for property located in the I1 zone at 2309 and 2278 Heinz Road, be approved subject to the requirement that if the maximum number of parking spaces needed during a shift change exceeds 80 spaces, the number of spaces required by the zoning code will be provided. Sheerin seconded the amended motion. Wood invited findings of fact. Sheerin outlined the specific approval criteria for this special exception (14-SA-4F-5). Sheerin stated that for special exception EXC08-00014 the findings are that it can be demonstrated that specific use has unique characteristics such that the Board may grant a special exception to reduce the number of required parking spaces up to 50% because during the peak parking period for this property there are a total of 66 spaces necessary to accommodate employees. Providing a total of 84 spaces leaves 18 spaces for visitor parking. Because of this, the required number of parking spaces is excessive. Sheerin went on to address the General Standards (14-4B-3). 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Sheerin said that the health, safety and welfare of the general public are not endangered by this special exception because the reduction would still provide an adequate number of parking spaces for employees and visitors. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Iowa City Board of Adjustment August 13, 2008 Page 8 Sheerin maintained that the use would not be injurious to the use or enjoyment of the property in the neighborhood because allowing for a parking reduction still retains an adequate number of parking spaces for employees and visitors. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The special exception will not impede development in the surrounding area because there are adequate setbacks, landscaping and screening, as illustrated on the site-plan, said Sheerin. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Sheerin noted that there are already adequate utilities, access roads and drainage for the subject property. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Sheerin said that there is no issue with ingress or egress on the property because if the property was to expand or the number of employees was to increase in the future, the owner of the property will install additional parking spaces for the property. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone on which it is to be located. Sheerin said that all other applicable regulations have been complied with. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The use is consistent with the Comprehensive Plan, Sheerin explained, because the Plan does emphasize methods for dealing with storm-water runoff, and by reducing the amount of paved surfaces and maintaining permeable surfaces, the reduction is consistent with the stated goal of the Comprehensive Plan. Sheerin said that she would vote in favor of the special exception as stated in the wording provided by Payne. Payne said that she would add to the findings of fact that traffic is not changing on the lot so there will be no changes to ingress and egress. Payne said that if lot-traffic changes in the future, the owner at that time will have to deal with changes of ingress and egress. Payne said that she too intended to vote for the motion. Iowa City Board of Adjustment August 13, 2008 Page 9 Leigh stated that the general and specific standards had been well-covered by her colleagues, and that she too intended to vote in favor of the motion. Thornton said that he agreed that the issues have been well-covered and he intended to vote in favor of the motion. Wood said he would vote in favor of the motion and that the findings of fact had been very thoroughly covered. Wood called for a vote. The motion carried 5-0. Wood declared the motion approved and stated that anyone wishing to appeal this decision to a court of record may do so within thirty days of the decision being filed with the City Clerk's Office. OTHER: None. BOARD OF ADJUSTMENT INFORMATION: Walz noted that Michelle Payne would be leaving her position with the Board of Adjustment and would be filling a seat on the Planning and Zoning Commission beginning August 18, 2008. Walz thanked Payne for her exemplary and thoughtful performance as a Board member. ADJOURNMENT: Payne motioned to adjourn the meeting. Leigh seconded. The motion to adjourn carried on a 5-0 vote. The meeting was adjourned at 5:52 p.m. 0 r o C N N ~ N O 'a m Q ~ ~ m O v -a c L ~ m ~ Q 0 N r N r r r O r O r 07 M X X X X X X X X X 0 X X 0 X X ca X ~ X X X X X X X 0 X ~ X X X M M ~ ~ ~ ~ X X X X N ~ ~ i ~ ~ ~ G r Z i Z Z Z Z ~ 00 M O ~ O ~ N ~ ~ ~ ~ ~ ~ ~ r r ~ r O r O r O r O O O ~ W O O O O O O L ,~ h .~ ~ cl7 E O O a~ ~ c~i U ~ ~ c 'L :~ d ao ~ C Z m o a = to 4, a > "~ . ~ O ~ O N ~ ~ U ~ J ~ O ~ ~ t ` cv c ~ 0 V U ~ ~ L U 'a Z V B C Q ~ j V o Y ~ Z ~ ~Q W .O ~ L U X O C ~ W :_. ~ C `+ N ~ c ~ to c ~ cn N ~ ~ cv +. a Q Q Z Z II X II O II O II Z II W Y 09-11-OS IP11 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION THURSDAY, AUGUST 28, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Thomas Baldridge, Lindsay Bunting Eubanks, William Downing, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Esther Baker, Jim Ponto, Viktor Tichy, Alicia Trimble STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Scott Cappos CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:03 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CONSENT AGENDA: 328 Brown Street. She said that this project is for the replacement of porch steps and construction of new handrails. Kuecker said that the owners want to replace the porch steps with new wooden steps. She said that the handrail will come down both sides and use custom turned spindles to match the spindles that are on the porch. Kuecker said the bottom ends posts would match the post on the porch. She said that staff recommends approval as submitted in the application. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 328 Brown Street, as proposed. Baldridge seconded the motion. The motion carried on a vote of 6-0. CERTIFICATE OF APPROPRIATENESS: 515 Oakland Avenue. Kuecker said this application is for an addition to the rear of the house, which is in the Longfellow Historic District. She stated that the house is a foursquare-esque, prairie style house, and there are several with the same floor plan and configuration in the City. Kuecker said that most of them were likely clad with stucco, and when the stucco failed, it was replaced with the metal siding fairly early in the history of the house. Kuecker said the applicants propose a 14' by 14' one-story addition to the rear of the house, of which she showed a photograph. She said that the small bay would not be disturbed with the addition, except for possibly the very edge of the roof. Kuecker said that the two windows to be on the addition would be relocated windows that are currently on the rear of the house. She added that one new window is being proposed for the south elevation. Kuecker said the addition would have a hip roof similar to the hip roof on the existing house. She said the foundation would be poured concrete of a color to match the existing brick foundation. Kuecker said the trim is proposed to match the existing trim, and the applicant proposes to use metal siding to match the existing siding on the house. Historic Preservation Commission August 28, 2008 Page 2 Kuecker said the guidelines allow for an addition, provided the addition is compatible with the existing structure. She said that in staff's opinion, the addition would be compatible. Kuecker said the guidelines recommend that foundations on additions appear similar to the historic foundation in color, texture, unit size, and joint profiles. She said however, there is an exception for additions on the rear of historic properties that allows the owner to match the color of the foundation rather than the exact materials. Kuecker said the guidelines state that siding on an addition should be compatible with or similar to the siding on the existing house. She said the intent there was probably for the addition to have wood siding as would be found on the house. Kuecker said that since this house has metal siding and it is not likely that stucco would be restored on the house, metal siding is probably an appropriate solution for this addition. Kuecker said the guidelines also state that an addition should be distinguished from the original house and state that a setback may be appropriate. She said, however, that with the configuration of this house and the size of the proposed addition, a setback may not be necessary. Kuecker said that staff believes a vertical trim board between the addition and the house may be more appropriate in this situation. Kuecker said the question has been raised as to what makes this addition different from the addition on the house on Summit Street for which the Commission required a setback. She commented that the setback was more important on that Summit Street house, because that was astreet-facing facade that would be visible to everyone driving by. Kuecker said that this house is fairly close to the neighboring property and is hardly visible to someone passing by on the street. Kuecker said that staff recommends approval of this application with the condition that there be a vertical trim board between the house and the addition and that the new wood window pattern beaten over one pattern to match the existing windows. She stated that the applicant has the option of using true divided lights or creating simulated divided lights that adhere to both sides of the glass but not by using snap-in muntin bars. Kuecker showed photographs of the property and a site plan showing the house and the addition. Michaud said she was concerned about the trim work on the interior. Kuecker said the Commission does not have purview over the interior of a house. Cappos, one of the owners of the property, stated that the houses are very close together and are probably only five feet apart. He said that there are lilac bushes along the side of the house so that it is virtually impossible to see this side of the house. Kuecker said the guidelines state that for additions on front-facing facades, there must be an 18-inch setback. She said that because this is not on the front of this building, that setback is not a requirement. Wagner asked if the metal siding would be steel or aluminum. Cappos said that he doesn't think it would be aluminum siding and thinks it would be steel. Kuecker said that the current siding has a grain in it. Cappos said that his contractor knows exactly what the current siding is and knows everything about it. Kuecker said that the site inventory form mentions that the only alteration that had occurred with relation to this property was the metal siding. She said the form notes that the siding does not detract from the historic quality of the structure, because it has such a narrow profile. Michaud asked, because the windows are being relocated in the back, if any of the wood trim would be retained. Cappos said he would try to retain all of the wood trim, especially on the inside. Michaud asked if the contractor will be able to impress faux brick. Cappos said he thought the contractor was going to try to put a stamped brick on the concrete. Historic Preservation Commission August 28, 2008 Page 3 Baldridge asked if the window in the front of the house is two over two. Cappos said there is a storm window on the inside, one quarter of the way out, so that is why it looks different, although they are all the same. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 515 Oakland Avenue, with the condition that there be a vertical trim board between the original house and the addition and with the new wood window being aten-over-one pattern to match the existing windows and with the option of the owner using true divided lights or creating simulated divided lights by using muntin bars that are adhered to both sides of the glass but not by using snap-in muntin bars. Michaud seconded the motion. The motion carried. on a vote of 6-0. CONSIDERATION OF MINUTES FOR AUGUST 14, 2008. MOTION: Baldridge moved to approve the minutes of the Commission's August 14, 2008 meeting, as written. Swaim seconded the motion. The motion carried on a vote of 6-0. OTHER: Statewide Historic Preservation Conference. Kuecker referred to information she had sent out about a Statewide Historic Preservation Conference to be held in Sioux City on September 19-20`h. She said she is planning to go and would be willing to have any Commission members come along. Kuecker said that Bob Yapp, who had a show on National Public Television regarding historic homes, is one of the speakers. Kuecker said that Yapp is also giving a presentation about Iowa City's recovery after the tornado. She stated that she would be leaving Thursday evening, and the City could sponsor at least one commission member fully for hotel, meals, and registration or could split the costs between two commissioners. Friends Press Release and Historic Preservation Awards. Kuecker said that Helen Burford of Friends of Historic Preservation asked her to pass on information from a press release regarding some of the work the salvage barn has done to help out flood victims. Kuecker stated that Burford also asked her to remind the Commission to ]et Kuecker know of any properties on which the owners have done work in the past year that might qualify for historic preservation awards. Kuecker said she provided the Commission with a list of what has already been nominated. She said that any listing in italics designates a property that has received a certificate of appropriateness, although she was unsure if the work was completed. Kuecker said that some of the properties that were nominated this year were recognized last year in the award given out for properties that had done work after the tornado. She said she did not think it would necessarily be appropriate to give awards to those properties unless more work has been done since then. Bunting Eubanks asked how the awards process works. Kuecker said the Commission will first nominate properties. She said that then the Johnson County Historic Preservation Commission Chair, a Friends of Historic Preservation representative, the Historic Preservation Commission Chair and herself will get together and determine who should win awards. 803 East College Street. Kuecker stated that the appeal for 803 East College Street was held on Tuesday at the City Council meeting. She said that after the Commission's four-four vote, she asked the City Attorney as to the status of the motion. Kuecker said that the City Attorney informed her that a motion would fail on a tie vote. Historic Preservation Commission August 28, 2008 Page 4 Kuecker said the applicant then appealed the decision to City Council, which did not reverse the decision as it determined that the Commission had upheld its guidelines. She said the applicant will therefore have to return the roof back to the way it was. Kuecker said that she would work out a timeline with the owner as to when the work needs to be completed. She said that if the work is not completed by the agreed upon timeline, the owner will incur municipal infractions and citations. Baldridge asked if that means the fascia and brackets will go back to the way they were. Kuecker confirmed this. Swaim stated that the Commission had discussed how to get information to contractors and owners before they start work like this. Wagner said that there is a local builders association. Kuecker said that she found out from the building official that for amulti-family building, which is considered a commercial structure, a building permit is needed even for re-shingling. She said the owner was therefore required to get a permit from the very beginning. Swaim said the Commission will want to talk more about getting the information about the process out there. Bunting Eubanks said that a letter is to be sent to local contractors and realtors containing main points of the guidelines. She added that if the builders' association ever meets, that would be a venue at which the Commission could make a presentation. Swaim said people will pay more attention to the fact that there are penalties, such as having to undo work. Wagner said he believes that the people who already know about the guidelines are not the ones who are causing the problems. Baldridge said this application may have been complicated by the fact that the roofer was from Kalona. Kuecker stated that in fact that roofer does a lot of work in Iowa City and should know what does and does not need a building permit. She said it is a constant problem for the people in the Building Department that people don't want to apply for a building permit because the work will go on the records for their house, and the tax assessment will go up. Kuecker said it is not just a historic preservation problem. Baldridge said the Commission's task is to convince the owners that historic designation is a feather in their caps rather than a penalty. He said owners see it as a fiscal penalty. Bunting Eubanks said the City Council suggested that it is more difficult to convince landlords that this is something they have to invest in than it is to convince homeowners. Consultant for Manville Heights Survey. Kuecker said that the RFPs were sent out, and the deadline to apply was August 20`h. She stated that she only received a proposal from Marlys Svendsen. Kuecker said Svendsen's budget met all the points, and she has done a lot of other work in Iowa City. Kuecker said that Svendsen's proposal is for the whole Manville Heights area as identified in the Historic Preservation Plan. She said there may be two or three possible districts in the area. Kuecker said the proposal does not include the nomination of a district but takes any potential districts to that point so that there will then be an indication from the neighborhood as to whether or not they want their area to be a district. Kuecker said it has already been brought to her attention that one resident of Manville Heights is completely opposed to the idea of historic preservation altogether. She said the City Attorney has indicated that until there is a rezoning on the table, there isn't anything for that resident to bring a petition against. Kuecker said there will not likely be a lot of opposition to the survey. She said that it is the actual district formation that will garner opposition. Michaud asked how much the survey will cost. Kuecker said that she would e-mail Svendsen's proposal to everyone the next day. Historic Preservation Commission August 28, 2008 Page 5 Swaim asked if the survey includes volunteers. Kuecker said that it does. Swaim said that is an opportunity to get people interested. Kuecker said that Svendsen sees that as "part of her job, to get people excited about historic preservation. Kuecker said that the budget for this is around $28,000, and the grant approval was for $30,000. MOTION: Baldridge moved to accept the bid proposal by Marlys Svendsen for the survey of the Manville Heights area. Swaim seconded the motion. The motion carried on a vote of 6-0. Wagner said that when he was in Washington working for the German government, they started a program called Everywhere You Look, and it was a walking tour of the neighborhood of German architecture. He said that it included a number of 19`h century buildings. Wagner said that it was used as a tool and a template was developed to get other communities to use it. He added that high school students and other volunteers are provided with the template to do walking tours of their neighborhoods. Wagner said he would find out if the template would be available for local use. Baldridge said that it could be a good tool to use in Manville Heights. He said that when Svendsen did the survey of the Melrose Neighborhood, she had great interest in people who had lived in the houses and their status in the course of history. Wagner said that if Commission members are interested in getting information, the website is www.goethe.de/washington. Bunting Eubanks said she would be willing to help if Wagner is able to get use of the template. Baldridge said that the Urban and Regional Planning Department at the University might be interested in this as a project for its students. Bunting Eubanks said the University might be interested in creating its own walking tours for visitors. Bunting Eubanks suggested people bring contact information for those who might be interested in this project to the next meeting. She said she is willing to call interested parties. Swaim said that the houses for which survey forms have been completed already have the available information. Bunting Eubanks introduced Wagner as the Commission's new at-large representative. ADJOURNMENT: The meeting was adjourned at 6:55 p.m. Minutes submitted by Anne Schulte s/pcd/mins/hpc/2008/hpc8-28-08.doc O .y N •~ ~ L U v c ~ 0 00 d ~ = N Z ea a~ -a N C a a `o rn ~ o X w o X X X w O X w O w o X X X X X X X ~ ~ X N X X ~ X X X ` X O` i X i ~ ~ O X X o o X X X O X i X x o X X X O O X O X X X X O X O O X X o X X X o X X X X X X o o x X X O O X X M X o X X X O X ; x X X N X w O X X X X w O ; ~ w 0 W 0 X ~„ ~ X X X O X X x X " o ~, ~, ~ ~ rn o oo o o ~- ~ ~ rn o o ~ rn o .- ~ rn o o .- w o ~ F~ W rn N rn N rn N rn N rn N rn N rn N rn N rn N rn N rn N rn N M M M M M M M M M M M M ~ i~ ~ ~ C C ~ ' Y C 'O 0 ~ ~. d _N N ~ O Y C ~ 0 ~ l ~ O ~' .~ T t ~ ~ £ ~_ N z !C m t 6 m ~ m o 3 w v ~ 0 a 3 rn V i- 0 F- ~ O 3 N 7 U X W C ~ ~ ~ N ~ N ~ Q d Q II ~ II II W YXOO IP12 MINUTES PRELIMINARY PUBLIC ART ADVISORY COMMITTEE THURSDAY, SEPTEMBER 4, 2008 LOBBY CONFERENCE ROOM -CITY HALL Members Present: Patrick Carney, Annadora Khan, Terry Trueblood, Rick Fosse, Mark Seabold, Jan Finlayson Members Absent: DaLayne Williamson Staff Present: Marcia Klingaman, Nate Kabat Public Present: University of Iowa Journalism Students: Robert Lotzer, Kelsey Richards, Erin Fey, Brandon Bearbower, Brittney Wichtendahl, Tina Lee; Dan Kinney, Tate High School Art Teacher RECOMMENDATIONS TO CITY COUNCIL Recommend approval of contributing $500 for a mural to be painted on the Wetherby Park shelter by students of Tate High School, Grant Wood Elementra School and Mark Twain Elementary School. Moved by Finlayson. Seconded by Trueblood. Motion passed 6:0. CALL TO ORDER Seabold called the meeting to order at 3:04 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None CONSIDERATION OF THE MINUTES OF THE JUNE 5, 2008 MEETING MOTION: Finlayson moved to approve the minutes; Fosse seconded. The motion passed 6:0. COMMUNITY INITIATED ART PROPOSAL - TATE HIGH SCHOOLNVETHERBY PARK Dan Kinney, an art teacher at Tate High School, presented his proposal for a mural project to be done in the Wetherby Park shelter. Kinney had contacted Klingaman about 3 weeks prior to the meeting to discuss the proposal. Klingaman explained the project is in line with other community initiated efforts that have lead up to the shelter's current state. Kinney explained the mural would be painted on the ceiling and main wall on the interior of the shelter. Kinney explained the practical purpose of the project would be to counteract the large amount of graffiti being painted on the shelter. Kinney is modeling this anti-graffiti effort after similar mural projects in Minneapolis that worked to deter illegal graffiti. Kinney thought this type of project would be positive for his students at Tate, who he explained are kids who don't fit well into the general education system and Iowa City Public Art Advisory Committee Minutes September 4, 2008 Page 2 considered to be at risk and in need of extra assistance in school. Kinney showed the committee that he has done other mural projects before in Mexico, New York City, and Minneapolis. Kinney said the objective of the project would be to incorporate the current planet Earth theme of the shelter adding Iowa City symbols to convey a sense of unity and community. Kinney explained he, along with his Tate High School students, would take the lead on the project while incorporating efforts of students at Mark Twain and Grant Wood Elementary Schools as well. Klingaman noted the involvement of all these students would lead to neighborhood involvement and ownership. The general design concept is to paint the ceiling of the shelter as half day and half night time sky. The main wall would display a cornfield with a neighborhood growing from it symbolizing Iowa City community growth. The forefront of the mural would incorporate a rainbow, symbolizing diversity; a nature scene, symbolizing connectedness to nature; and prominent figures of Iowa City's .past like Mr. Wetherby, Elizabeth Tate, and Irving Weber. Kinney told the committee he was asking for about $423.40 to cover the cost of plywood and surface safe, which would seal the mural to ensure longevity. The plywood would be used to create a painting surface for the ceiling portion of the mural. Seabold suggested Kinney look at the Habitat Restore for discounted plywood. Klingaman said Nagle Lumber might be willing to donate or discount supplies as well. Klingaman asked Kinney for a high figure. Kinney said $500 would be the highest amount he would need. More than that would offset costs being covered by Iowa City Community School District. Trueblood asked how the plywood would be attached to the ceiling. Kinney said he would take care of installation using screws to secure the boards with the help of volunteers from the neighborhood. The plywood would be 4x8 sheets cut into a trapezoidal shape to fit. Klingaman explained the inside of the shelter ceiling is currently exposed beams, so the plywood would be needed to create a flat painting surface. Carney asked if the project would be permanent, Kinney said it would be. Seabold asked about possibly painting the back of the shelter wall. Kinney said that might be a future project, but for now the project focused on the interior portion of the shelter. Trueblood asked if the mural would include the bathroom doors. Kinney said it would. Trueblood explained the original shelter was built with donated funds, and a plaque is displayed for that purpose. Trueblood believed it would be ok to move the plaque though, but asked that the bathroom signs be incorporated into the mural. Fosse suggested a test panel be made to ensure the graffiti sealer would work. Klingaman said she would ask Park and Rec if the sealer is compatible with their needs. The committee expressed interest in supporting the project. Kinney hoped to begin on September 8, 2008. Seabold suggested notifying the neighborhood of the project. Trueblood suggested notifying the Police Department. Kinney suggested posting a sign to explain the project. MOTION: Finlayson moved to recommend approval of $500 to purchase the plywood and anti-graffiti sealant needed for the Wetherby Park mural project to be painted in the shelter. Seconded by Trueblood. Motion passed 6:0. Iowa City Public Art Advisory Committee Minutes September 4, 2008 Page 3 CONTINUED DISCUSSION REGARDING FUTURE WATERWORKS PRAIRIE PARK ARTWORK Klingaman reminded the committee about past discussions to begin an art project at the Waterworks Park in either the pond area or the planned amphitheater. Since the last meeting Kahn and Klingman had gone through the artist database and selected viable artist options for the project. Klingaman suggested the committee think about whether they want to look outside of Iowa for an artist. Klingaman proceeded to show the committee websites of the artists she and Kahn had selected as possibilities. Artists viewed included: Judy Baffles, Liberty Iron Works, Tom Newport, John Mishler, Rob Lorenson, Ruberstein Studios, Kenneth Thompson, and Peter Busby. Fosse said he likes a project Liberty Iron Works had done of corrugated pipe designed to look like fish. Seabold asked if a fountain would be possible, Fosse said he would rather not due to the energy needs of a fountain. Klingaman expressed interest in Liberty Iron Works because they are a local artist who does large scale projects and the price is reasonable. Finlayson and Seabold agreed that their product seemed to be in line with the committee's vision. Fosse questioned the idea of doing a project on the amphitheater. He thought it might not be the optimal location due to lack of general visibility. Fosse suggested other areas of the park might be more accessible for displaying artwork. Finlayson asked what the next step would be after selecting an artist. Klingaman suggested it would be best to give the artist an ideal budget to avoid the escalating costs that happened with the pool project. Trueblood added it would be good to give the artist a general description of the committee's vision for the project. Klingaman said the general description should include parameters like scale, theme and location. Klingaman asked the committee about location. Seabold asked if the pond is accessible to canoeing or kayaking. Trueblood said it wouldn't be illegal for someone to canoe or kayak, but it would be hard to get into the pond due to steep slopes. Trueblood didn't believe anyone ever uses the pond for that purpose. Trueblood and Fosse told the committee anything in the pond would need to withstand rising waters and be secured, in case of another flood, so the piece wouldn't wind up downstream. The committee agreed the pond, the amphitheater, and the proposed pedestrian bridge should be considered for the project. Seabold liked the organic nature of the Liberty Iron Works pieces. Kahn also liked the idea of an organic shape. Fosse expressed interest in a fish piece he had seen from Liberty Iron Works. The committee agreed Liberty Iron Works should be contacted and asked to give a proposal at the next meeting scheduled for November. COMMITTEE TIME/UPDATES Klingaman reminded the committee about the BJ Katz dedication to take place on September 18th Iowa City Public Art Advisory Committee Minutes September 4, 2008 Page 4 ADJOURNMENT Fosse motioned to adjourn; Everyone seconded. Meeting adjourned at 4:17 pm. Next meeting scheduled for November 6, 2008. Minutes submitted by Nate Kabat Y C~ G .~ Q U O .> Q Qo U ~ N ~ ~' ~~ T ~ U ~ `n a~ 3~c~ ~v~a ~+ r..r C it U U ~~ 00 •~ v O ~ O N b ~ ~i i^ ~ ..Vr ..r D a ~ ~ i O ~ ~ ~ ~ ~ ~ i ~ O O ~ ~ ; ~ ~ O ~ O i ~ ~ ~ ~ ~ O ~ ~ M ~ ~ ~ ~ ~ ~ ~ O ~ ~ N i i O ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ J i ~I ~I ~~ ~I ~ O ~I ~~ ~ ~N V ~ Q F,yyy i i • r/ ~ ~~ ~ ~~1 ~~ ~~ ~ ~~ ~ ~~`I ~ rl X O ~ O ~ O ~ O ~ O ~ O ~ W rH o r~ 0 ri 0 rH 0 r~ 0 r~ 0 f. 0 o _ ~ ~ ~ "~ o . ^~ C ,~ z .3 ~ ~ ~ ~ ~ ~, C C V1 ,~ ~ (~ c~ , ~ C ~ ce ~ w tom. .. ~ x. .~ z ~ t, c~ A ti ~ a a r~ w~ W U >C ~ r--~ N ~ ~ ~ ~ ~ ~ ~ a~~ II II II ~ \ ~~COO Page 4 of 4 IP13 'rmknutson@iowatelecom.net ;City Robins; REITER, RAMONA; 'rogs@fmctc.com ;YOUNG, JANICE; 'rolfemayor@ncn.net'; 'rossh.nichols@mddc.com ; 'roues@mahaskacounty.org'; 'rpierce@altoona-iowa.com'; 'rroepke@netins.net ; 'rwetherell@co.cherokee.ia.us ; 'sabula@iowatelecom.net'; 'saccity@prairienet.net'; 'saccityjf@prairieinet.net'; Sac Co Auditor -Jim Dowling; 'salisburyk@burlingtoniowa.org'; 'sand@schallertel.net'; 'sandhat@aol.com'; Henderson, Sandra; 'sccadmin@iowatelecom.net ; 'schipper@pcpartner.net'; 'scott_deyoung@cinfin.com'; 'scoughenour@ci.marshalltown.ia.us'; 'scranton@netins.net'; 'sdschoer@ncn.net'; FRITZ, SANDY; 'shadow3@lisco.com ; 'sharongross@wccta.net'; 'sicog@sicog.com ; 'sidneyia@bitwind.net'; 'sigourneyclerk@iowatelecom.net'; Reaves, Barbara [Outside]; HALE, ELAINE; 'sjuon@inrcog.org'; 'slambert@harlannet.com'; 'slateria@huxcomm.net ; 'slnichols@co.marion.ia.us'; 'Slocity3348@longlines.com'; 'smithlnd@netins.net'; 'smu@fmctc.com'; 'sncbaker@netins.net'; 'snickles@polkcity.org'; NEMMERS, MARCIA; 'srantn@netins.net'; REYNOLDS, STEPHANIE; 'stansgar@omnitel.com'; 'stccity@netins.net'; 'stkpt@netins.net'; MCKENZIE, RON; 'stolaf@netins.net'; 'stratcty@globalccs.net'; 'stuartia@coonvalleytelco.com'; 'stuartia2@netins.net'; MAASDAM, BARBRA Cc: Lintz, Vince [IDED]; Palmer, Lane [IDED]; Miller, Mike [IDED] Subject: Disaster Recovery Plan -State of Iowa Importance: High Attachments: Disaster Recovery Action Plan-for public comment-draft.pdf Disaster Recovery Plan -State of Iowa Announcement of Availability Attached is a PDF version of a draft of the State of Iowa Action Plan for Disaster Recovery. The Plan details the housing, community development, and business assistance plans the state proposes using $85 million of federal Supplemental CDBG (Community Development Block Grant) Funding from the Supplemental Appropriations Act (P.L. 110-252, 2008). The public is encouraged to comment on the Plan up until 4:30 p.m., September 17, 2008. The report may also be accessed at http.:JJwww.iowalifec_h_an_ging,com~community and comments may be submitted by contacting: Mike Miller, IDED, 200 East Grand, Des Moines, IA 50309, (515.242.4807) or by email at crd~iowalifechan_gin~.co__m 9/ 11 /2008 STATE OF IOWA ACTION PLAN Utilizing Supplemental CDBG Disaster Recovery Funding from the Supplemental Appropriations Act (Public Law 110-252), 2008 Through U.S. Department of Housing and Urban Development Docket No. FR-5250-N-01 [Federal Register: September , 2008 (Volume _, Number _ )] Iowa Department of Economic Development September 2008 Table of Contents INTRODUCTION ............................................................................................................................................1 THE EFFECT OF THE DISASTERS AND IOWA'S RECOVERY NEEDS .....................................................1 Economic and Workforce Development ..........................................................................................................1 Housing 2 Infrastructure and Transportation ....................................................................................................................2 FEDERAL AND STATE RESPONSES TO Dr~TE ...........................................................................................3 CONSULTATION WITH LOCAL GOVERNMENTS ......................................................................................4 FEDERALLY-DESIGNATED AREAS ELIGIBLE FOR ASSISTANCE ........................................................... 5 PROMOTION OF SHORT- AND LONG-TERM RECOVERY PLANNING .................................................. 6 Immediate (Short-Term) Recommendations .................................................................................................... 6 Subsequent (Long-Term) Recommendations ....................................................................................................6 PROMOTING HIGH QUALITY, DURABLE, ENERGY EFFICIENT, AND MOLD RESISTANT CONSTRUCTION METHODS .........................................................................................................................7 PROVISION OF ADEQUATE, FLOOD-RESISTANT HOUSING FOR ALL INCOME GROUPS THAT LIVED IN THE DISASTER-IMPACTED AREAS .................................................................................7 METHOD OF DISTRIBUTION .......................................................................................................................8 • HOUSING ACTIVITIES ................................................................................................................................................................... 8 Housing repair/rehabilitation, homebuyer assistance, and interim mortgage assistance ........................................... 8 Housing Buyouts - FEMA Match ..................................................................................................................................... 9 New Housing Production .................................................................................................................................................... 9 • ECONOMIC DEVELOPMENT .................................................................................................................................................... 9 Small Business Stimulus .......................................................................................................................................................9 • PUBLIC FACILITIES AND SERVICES ...................................................................................................................................10 Public Infrastructure ...........................................................................................................................................................10 • ADMINISTRATION .........................................................................................................................................................................10 State Administration ...........................................................................................................................................................10 CONTACT INFORMATION AND LINKS TO ENTITLEMENT CITIES AND COGS .................................11 MONITORING STANDARDS AND PROCEDURES .....................................................................................11 Table of Contents (continued) STEPS THE STATE WILL TAKE TO AVOID OR MITIGATE OCCURRENCES OF FRAUD, ABUSE, AND MISMANAGEMENT ................................................................ ..............................................................11 .................................... g .......................... Administration and Staffin 11 .............................................................. National Objective ........................................................................... ..............................................................11 Administrative Costs ........................................................................ ..............................................................11 Program Changes through Contract Amendments ............................ ..............................................................11 Documentation ............................................................................... ............................................................. 12 Reporting 12 Citizen Complaints .......................................................................... ............................................................. 12 Regulatory Requirements ................................................................ .............................................................. 12 ANTI-DISPLACEMENT AND RELOCATION .............................................................................................13 ACTION PLAN AMENDMENTS ...................................................................................................................13 APPENDIX A: TIMELINE OF REBUILD IOWA EVENTS AND ACTIVITIES ......................................... 14 APPENDIX B: LIST OF COMMUNITY DEVELOPMENT/HOUSING CONTACTS FOR ENTITLEMENT COMMUNITIES ................................................................................................................. 15 APPENDIX C: CONTACT LIST FOR COUNCILS OF GOVERNMENT .....................................................17 APPENDIX D:WAIVERS APPROVED TO DATE ........................................................................................ 19 APPENDIX E: DEPARTMENTS' RESPONSE TO PUBLIC COMMENT ..................................................... 19 APPENDIX F: CERTIFICATIONS FOR STATE GOVERNMENTS, WAIVER AND ALTERNATIVE REQUIREMENT .................................................................................................................20 INTRODUCTION The State of Iowa is required to publish an Action Plan fox Disaster Recovery (Action Plan) that describes the proposed use of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding associated with the Supplemental Appropriations Act, 2008 (Public Law 110-252, approved June 30, 2008) fox disaster relief of unmet needs resulting from tornadoes and flooding in the state. This document will describe: - the citizen participation process used to develop the Action Plan; - eligible affected areas and applicants, and the methodology to be used to distribute funds to those areas and applicants; - activities for which funding may be used; and - grant administration standards. This Action Plan will be used by the state to guide the distribution of $85,000,000 of CDBG Disaster Recovery Funding toward meeting unmet housing, infrastructure, business, public service, public facility, and other needs in counties designated as Presidential Disaster Areas, as directed by Public Law 110-252 and HUD. Amendments to this Plan will be expected as additional funds become available. This Action Plan is in relation to the U.S. Department of Housing and Urban Development's Notice of Funding Availability provided in Federal Register /Volume _, Number _, Docket No. FR-5250-N-01. THE EFFECT OF THE DISASTERS AND IOWA'S RECOVERY NEEDS In the late spring and early summer of 2008, the State of Iowa suffered through a series of disastrous events, tornados followed by record-breaking floods. In some cases, the same community was hit by both events. Also, in some Iowa communities the 2008 flood crested 8 feet higher than the flood of 1993. Among the larger communities, Cedar Rapids, Iowa's second-largest city, was especially hard hit. It is estimated that 1300 blocks in Cedar Rapids were flooded to the point that repair/rehabilitation will be difficult to impossible in many of those areas. It is estimated that, statewide, over 21,000 housing units have been damaged, with over 4200 of those destroyed or suffering major structural damage. Also, an estimated 2400 businesses were damaged physically, and another 3000+ have suffered economic losses. It is quite clear that FEMA and SBA assistance will not come close to covering all of the uninsured costs associated with the damage. Following axe estimates of damages compiled by the Rebuild Iowa Advisory Commission in just three community/economic development categories. (The full reports from the Commission are available at http•//rio iowa~ov/ ) Economic and IYlorkforce Development - Total estimated unmet need fox small and intermediate businesses - $2.78 billion »» $5.36 billion total assessed damage. »» Approximately 4,800 non-manufacturing small businesses and 800 intermediate businesses were impacted. - Large businesses experienced an estimated $100 million in losses. - Small business and non-profit corporations - $600 million in lost revenue in one year in the Cedar Rapids area, according to a report from Iowa Commercial Realty in Cedar Rapids. - Physical damage to businesses from a Safeguard Iowa online survey - $426,011,267; economic loss - $178,593,361. - Manufacturing damages and lost income from the ISU Center for Industrial Research and Service (LIRAS) survey - $100 million projected. - Increase in unemployment rate from Iowa Workforce Development data - 3.9% in May; 4% in June; 4.3% in July. lli'a{.~c - Initial claims for unemployment insurance program -increased by over 6,500 (over 44% increase) from May to June 2008, according to Mass Layoffs Statistics. Housing Cost to communities and to the state to repair and replace the damage to housing: - The total unmet housing need is $946 million for single family and multi-family housing. »» $90 million is fox rental property »» $856 million is for single family dwellings - The unmet housing need represents need remaining after all insurance and government housing program assistance is taken into account. Infrastructure and Transportation - Roads and bridges »» Federal aid routes - $30 million according to Iowa Department of Transportation as of August 8, 2008 »» County roads - $43 million according to FEMA County Survey as of July 31, 2008 »» Roads and bridges - $55 million according to FEMA as of July 29, 2008 - Public Transit - $53 million according to Iowa Department of Transportation as of August 8, 2008 Rebuild Iowa Advisory Commission - Railroads, according to Iowa Department of Transportation as of August 8, 2008 »» Class 1 railroads - $45 to $60 million »» Short line railroads - $23 million - Communications and Utilities »» Telecommunications - $66 million according to Iowa Telecom, rural independent telephone companies, and Qwest as of August 7, 2008 »» Public utilities (water, wastewater, power generation, communications) - $342 million according to FEMA as of August 11, 2008 »» Private utilities and communications companies axe not eligible for FEMA assistance. - Flood control facilities (drainage channels, pumping facilities, some flood control facilities) - $13 million according to FEMA estimates as of August 11, 2008 - Public buildings and equipment - $380 million according to FEMA estimates as of August 11, 2008 »» In order fox public buildings located in a floodplain to receive FEMA assistance, they must pay the first $500,000 of cost for damage to the structure and $500,000 of cost for damage to contents. »» This creates an additional unmet need for many communities. - Total estimated unmet need for public buildings and infrastructure - $703 million »» Total damages to publicly-owned buildings and infrastructure - $798.3 million »» Information was compiled in cooperation with other state and federal agencies by the Rebuild Iowa Office. 2I1'~~t,e FEDERAL AND STATE RESPONSES TO DATE Congress has passed the Supplemental Appropriations Act, 2008 (PUBLIC LAW 110-252 JUNE 30, 2008), which appropriated $300,000,000 in Community Development Block Grant funds related to disaster relief, long-term recovery, and restoration of infrastructure in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent natural disasters. The State of Iowa has initially been allocated $85,000,000 of the CDBG funds for recovery from the impacts of the severe storms, tornadoes, and flooding experienced in Iowa. The state has been very active in responding to the disasters. On June 27, Governor Culver signed Executive Order 7 creating the Rebuild Iowa Office (RIO), whose mission is to lead the state of Iowa's efforts to rebuild safer, stronger and smarter in the wake of the 2008 severe storms and catastrophic flooding. The office envisions a resilient Iowa that will be safe, sustainable and economically strong fox its people, reaffirming its ties to the land, rivers, environment and rich cultural history. The Rebuild Iowa Office works closely with the Rebuild Iowa Advisory Commission, an appointed body of 15 bipartisan local officials and community members from across the state -many of whom were personally affected by the storms and flooding. The RIAC reports to the Lt. Governor and oversees nine recovery task forces, which will help facilitate public dialogue on complex recovery issues and make recommendations in focused issue areas. Less than three weeks after Governor Culver signed Executive Order 7, the Rebuild Iowa Office opened its doors, held its first Rebuild Iowa Advisory Commission meeting and was fully staffed. The initial report on the disaster and needed recovery efforts by RIO was released on September 2, 2008. In addition, nine individual Task Forces were assembled to study and report on separate aspects of the disaster damages and recovery needs. Those reports address the topics of - Agriculture and Environment - Cultural Heritage and Records Retention - Economic and Workforce Development - Education - Flood Plain Management and Hazard Mitigation - Housing - Infrastructure and Transportation - Long Term Recovery Planning - Public Health and Health Care Reports on each of these topics have also been produced and are available at http: //rio.iowa.gov/ CONSULTATION WITH LOCAL GOVERNMENTS The Rebuild Iowa Office, the Rebuild Iowa Advisory Commission, the Rebuild Iowa Task Forces, and a variety of state agencies, including the Department of Economic Development, have had multiple discussions with local government staff and officials regarding the development of the 2008 Rebuild Iowa Disaster Recovery Action Plan. The Commission held six meetings in July and August to tour damage in affected parts of Iowa, receive updates on recovery progress, and provide input to the Rebuild Iowa Office. Members of the Commission also serve as Task Force Chairs for the nine RIO Recovery Task Forces. Task Force membership was solicited through a public process requesting Iowans to volunteer to serve in one of the nine areas. Responses were overwhelming, and all volunteers who applied were invited to participate as either a Task Force member ox a Resource Group member. Over 500 Iowans ended up serving on the nine Task Forces. Many of these volunteers are local government officials. In addition to feedback from Iowans and local governments during Commission and Task Force meetings, the Rebuild Iowa Office toured the state, reaching out to Iowans in affected areas. Speak Up Iowa! public input sessions provided an opportunity for RIO staff and federal agencies to connect with Iowans by linking them with resources, information, and assistance. In addition, the RIO sought feedback from all individuals regarding circumstances, issues, and impact related to their unique experiences with the disaster events and recovery. Over 650 Iowans participated during the 45-day information-gathering time period through Task Force meetings, Speak Up Iowa! public input sessions, and through online and telephone feedback. A timeline of the RIAC public participation process is included in Appendix A. The Department of Economic Development has had numerous meetings and discussions with representatives of entitlement communities, other local governments and Councils of Government to discuss recovery priorities and potential allocation methodologies. The Department will continue to coordinate and invite affected local governments to provide input on this action plan. The 2008 State of Iowa Disaster Recovery Action Plan will be made available to citizens, affected local governments and other interested parties via publication on the Department's website as well as through email notification. All comments regarding the Action Plan will be considered. The Department will continue to utilize its website, email communications as well as traditional forms of communication to provide reasonable opportunity for citizen comment and ongoing citizen access to information on the use of grant funds. In its regular CDBG and HOME programs, the IDED coordinates the application and award of funds for community development projects with the Iowa Finance Authority, Department of Natural Resources, and U.S. D.A. -Rural Development. These and other alliances will be continued and expanded to serve communities targeted for 2008 disaster recovery funding. 41P~t<.~i: FEDERALLY-DESIGNATED AREAS ELIGIBLE FOR ASSISTANCE Counties where the CDBG Disaster Recovery Funds may be used were determined by the FEMA Declaration FEMA-1763-DR dated May 27, 2008, for Iowa Severe Storms, Tornadoes, and Flooding (May 27, 2008 and continuing.) Eighty-six (86) of the 99 counties in the state have been included in one or more federal or state disaster declarations. The Federal Emergency Management Agency has designated 78 counties for individual assistance and 84 counties for public assistance. Governor Culver has declared a total of 86 counties as disaster areas. Figure 1 is a map of the counties that are eligible under the FEMA Individual Assistance Program (IAP) and the Public Assistance Program (PAP) This map can also be accessed at the Federal Emergency Management (FEMA) website at http•//www.fema.gov (general FEMA website) and more specifically at http: / /www.gismap s. fema.gov/ 2008graphics / dx 1763 / dec_1763.pdf The CDBG Disaster Recovery Funding may be used in the 85 counties that are eligible fox assistance under the two FEMA programs. (84 counties designated fox Public Assistance, plus one county designated for Individual Assistance only.) FEMA-1763-DR, Ic~~~~s~ I.~1Sc`1StPP I)~tl:il'~fI0I2 A5 Of Q~~~b~~~~4$ SLY LF~ flw:aaL 4ildn+ca E®a '1.s,~t.~c ~-w ~. ~;:I .,o~r~ ~.~.~ a"~matw SD ..,.,. iii Siauc OHriaa C7sy Fs1a?4hc -y~~. _ r_ ~ _ ,r,d C'~1~:~v Fan ~ ru CLse k~ oo~aVuch por hc~aa ..'mac--•~ .~~alx ::r 1. ~_.l~ H.c~x 6~:. "r~. 9d6ada ~4.I¢"aIk ~ iibaba7 7Aa Sac f'.~dLam :.~Ficu -~~r ..u» -~ -- ~ Icckica kao~ ~ M~on~a _:a~:sd ~cc- I ~_ ., L.- ... ~, tifatiil_ 7>ma w., ,~~ - mm~ aiu ]irnwa .;ml b. 1 ~,M, G.~.~r~ =ila ~G L,p:a >va~iio1 ~_~x. kh ~ ~ Fxecf ~k l a r, ti:~. a tiE u _.:. I. r.i~uLL_..r '.duc _a.~-. ~-ria L:L-~~ '~{~. `. _.~ I ~•~;.~, kt:;~.. y~-r_ a ~ =_a1. _. _ ltin Sam ~n2~. Tsricc &.aa~c.d ~ czar Wv. .Spp ac:.w Lm.i~ C .o 9 '11 ?b ~. ~10 Loca6~aa]fap i.+rgend FEI~~A , ~ ~ t D~natedCoutic K„ ,~ ............._.... Q ~ha Den~amao ~ rs.~uy„+~ a A.,~e, c~~ ,. 0 PuLlicAssist~e GC:4df-RZw2f~~ e~ir kk IJm. A-~ ~ .LdNiCWt A53181KE .Lvecr: 1knaYr ~wiru'A...r.n kbeyr ~v A% 1M) fpdt4s;181A55[SidllCE 3~d Fublli fls5151dME .t. 'w.a hs.. lF-{~: c,u4~6 A'9 t!A Ad'mwv+sa n5~4k Gr?fimun. wx. M~0 ~iC730~.~~~~4~d~Q~ Figure 1 SIPat~e PROMOTION OF SHORT- AND LONG-TERM RECOVERY PLANNING The following immediate (short-term) and longer-term recommendations for action come from the initia145- Day Report to the Governor from the Rebuild Iowa Commission. Immediate (Short-Term Kecommendations 1) Provide advice and support to individuals and families, businesses, farmers, nonprofit organizations, and others seeking assistance in making their way through the challenges of rebuilding their lives in a "case management" framework. Help will be easily accessed locally across the state for all categories of need, including: - Housing - Mental health and mental health first aid - Health care - Information on programs and assistance available - Completion of applications for assistance - Information on decision making, including protection from falling victim to unqualified contractors and fraudulent practices - Shortcutting local, state, and federal red tape in accessing assistance 2) Ensure immediate needs housing for all who need to be relocated, temporarily or permanently, before cold weather arrives. 3) Provide incentives immediately fox Iowa's struggling small businesses, microenterprises, and non-profits for restoration and rebuilding of their businesses. 4) Complete floodplain mapping for the entire state. 5) Identify and create funding options and provide flexibility for local and state governments to assist Iowa in rebuilding an even better Iowa. G) Expedite the flow of funds from the federal level, through the state, and to the local levels of government. 7) Provide resources and capacity to ensure public health is maintained. Subsequent (Long-Term) Recommendations Of course, once the initial recommendations are underway, there is an expectation that they will be supported and maintained over time. There is also an expectation that some will be developed, adjusted, and continued to the next level of implementation. The Commission also developed among its priorities a set of subsequent recommendations that will become part of the Commission's consideration as it undertakes further work in the coming months. 1) Continue to provide advice and support to individuals seeking assistance in making their way through the challenges of rebuilding their lives in a "case management" framework while creating a lasting organizational capacity and process over time. 2) Ensure availability of adequate, affordable housing and the ability of individuals and families to rent or purchase those homes. 3) Provide incentives for Iowa's struggling small businesses, xnicroenterprises, and non-profits for restoration and rebuilding of their businesses. 4) Complete floodplain mapping for the entire state as begun under the immediate action items. 5) Identify, create, and sustain funding options and provide flexibility for local and state governments to assist Iowa in rebuilding an even better Iowa. 6) Invest in local emergency management agencies for the central coordination function and work in all areas of emergency management -preparedness, response, recovery, and mitigation. 7) Support integrated, regional planning to address recovery, and leverage multi-jurisdictional strengths for ongoing initiatives. 8) Promote and support communications and outreach initiatives to educate and support Iowans as they recover and plan for future disasters. 9) Move state policy forward and lead the discussion with regional and local interests on floodplain and watershed management. 10) Sustain community identity, quality of life, and cultural heritage. PROMOTING HIGH QUALITY, DURABLE, ENERGY EFFICIENT, AND MOLD RESISTANT CONSTRUCTION METHODS 1111 newly constructed multi-family and single-family housing must meet all locally adopted and enforced building codes, standards and ordinances. In the absence of locally adopted and enforced building codes, standards and ordinances, the requirements of the State Building Code apply. All newly constructed housing must also meet the requirements of the 2006 International Energy Efficiency Code. All multi-family housing activities involving rehabilitation must meet all locally adopted and enforced building or housing codes, standards or ordinances. In the absence of locally adopted and enforced building or housing codes, standards or ordinances, the requirements of the State Building code apply. The State Building Code (Department of Public Safety) has adopted the International Building Code and related publications. All single-family housing activities involving rehabilitation must meet all locally adopted and enforced building or housing codes, standards or ordinances. In the absence of locally adopted and enforced building or housing codes, standards or ordinances, the requirements of the Iowa Minimum Housing Rehabilitation Standards apply (all communities with populations of less than 15,000). Communities with populations of 15,000 or greater are required by state law to adopt a housing code. PROVISION OF ADEQUATE, FLOOD-RESISTANT HOUSING FOR ALL INCOME GROUPS THAT LIVED IN THE DISASTER-IMPACTED AREAS The State of Iowa will utilize a portion of its CDBG supplemental appropriation for affordable single family housing activities, including rehabilitation, homebuyer assistance and interim mortgage assistance. The Iowa Department of Economic Development will continue to coordinate and collaborate with the Iowa Finance Authority to provide funding for multifamily affordable housing in the impacted areas. Iowa addresses its emergency shelter and transitional housing needs through its local Continuums of Care and the Balance of State Continuum of Care. The Iowa Finance Authority, through a memorandum of understanding with the Iowa Department of Economic Development, administers both the state and federal homeless programs that also provide emergency shelter and transitional housing funding to entities throughout the state. The needs of the homeless and those at risk of homelessness are being addressed through these programs. Homeless shelters and transitional housing units in impacted areas will be eligible for assistance through the housing assistance component of this plan. All new construction and rehabilitation must keep in mind the needs of the potential occupants of the units, particularly the needs of those with disabilities. Iowa hopes to use its Homeless Management Information System (HMIs) as a tool to assess the needs of the individuals and families, as a way of linking them to the available services, as a record of how each family was assisted and finally as a indicator to see if needs still remain. 711'a~~c METHOD OF DISTRIBUTION The following are the activities proposed for Iowa's portion of the first $100 million HUD disaster allocation. These were selected for immediacy of need and potential for timely project completions. The State anticipates that these and additional activities will also be funded under future allocation of the remaining $200 million appropriated to HUD. HOUSING ACTIVITIES Housing repair/rehabilitation, homebuyer assistance, and interim mortgage asststance. I-tomes not slated for buyouts will receive assistance for needed rehabilitation. Households whose homes were destroyed or damaged beyond reasonable repair will be offered assistance on the down payment for replacement housing. Households who are within buyout areas will be offered assistance to maintain mortgages that would otherwise go into default, during the period before the buyout occurs. 1) Allocation for Activity: $35 million will be allocated to this activity. Based on local need, each applicant will determine amounts to be spent among the sub-activities. 2) Eligible Applicants: Direct applicants for this activity are the HUD "Entitlement" cities of Ames, Cedar Falls, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa Ciry, Waterloo, and West Des Moines, and Councils of Governments. Councils of Governments will apply on behalf of all cities and county areas (excluding the cities named above) that are Presidential-declared areas. Two or more Councils of Governments may submit a joint application for their combined regions. An Entitlement city listed above may elect to join with a Council of Governments-based region. For Presidential-declared disaster areas outside a Council of Government region, counties may elect to apply singly, join with other counties, join with and adjacent Council of Government region. Likewise, an Entitlement city named above may join with a Council of Government, county or multi- counry entity. The intent is to provide coverage of the entire eligible area of the state. The Iowa Department of Economic Development will consult with all eligible applicants and may suggest appropriate combinations of areas. 3) Threshold Criteria: (i). All proposed activities will take place in Presidential-declared disaster areas. (ii). Application is from an eligible applicant (iii). Applicant's capacity to undertake the activities (iv). Applicant's area does not overlap area(s) of other selected applicants All applicants meeting the threshold criteria will be selected. A plan of action, following a template provided by the State, will be required from successful applicants 4) Allocation to Cities and Councils of Governments regions: Allocations from the amount devoted to this activity will be based on the extent of housing damage in the area. The measure that will be used for this is the amount of funds received within the applicants' jurisdictions under the FEMA Housing Assistance program, as a percentage of total FEMA Housing Assistance funds awarded. 8II'~1~.~e Housing Buyouts -FEMA Match CDBG funds will be used as the 15% local match required for the FEMA home buyouts in flood-prone areas. 1) Allocation for Activity $20 trillion will be allocated to this activity 2) Eligible Applicants Eligible applicants to the FEMA Hazard Mitigation Grant Program 3) Threshold criterion: (i.) Receipt of an award commitment for the FEMA Hazard Mitigation Grant Program for housing buyouts. Criterion for Selection: (ii.) Projects will be funded in order of priority determined by Iowa Homeland Security Emergency Management Division. 4) Grant Size limits: Limited to 15% of the total for housing buyouts in approved FEMA Hazard Mitigation Grant Programs awards. Nesv Housing Production Assistance will be provided to developers of new affordable rental and owner-occupied housing. These units will replace housing lost due to the disaster. The assistance may also be used for streets, sewer and water extensions linked to development of replacement housing. 1) Allocation for Activity $5 million will be allocated to this activity 2) Eligible A~plicar nts' Cit~and count governments not-for-profit and fox-profit housing developers. 3) Threshold criterion: (i.) All projects will be located in Presidential-declared disaster counties. Criteria for Selection: (ii.) Extent of loss of housing units in the neighborhood or community, especially those units affordable to low- and moderate income households. (iii.) Capability and experience of the applicant (iv.) Program subsidy cost per unit (v.) Time frame for completion of housing units (vi.) Proportion of units affordable to low- and moderate income household (vii.) For new rental housing, priority will be given to projects involving the disaster set-aside of the Low Income Housing Tax Credit program administered by the Iowa Finance Authority. All criteria will be weighted equally 4) Grant Size limits: $60,000 per housing unit ECONOMIC DEVELOPMENT Small Business Stimulus Business owners suffering physical damage or economic loss will be offered forgivable loans up to $50,000. The purpose of these loans is to provide working capital to help ensure business survival. 1) Allocation for Activity: $10 million will be allocated to this activity. 2) Eligible Applicants: The same eligible applicants listed under Activity A. above, "Housing repair/rehabilitation, homebuyer assistance, and interim mortgage assistance", are the eligible applicants for this activity. 91P~tgc 3) Threshold Criteria: (i.) Capability and experience with business assistance programs, especially disaster relief (ii.) Commitment to use the following criteria for assistance to individual businesses: a) Business suffered physical damage or economic loss due to the 2008 disasters. b) Receipt of a disaster loan offer from the U.S. Small Business Administration (SBA) c) Assistance to be provided as a forgivable loan equal to 25% of the approved SBA loan, up to $50,000. d) Commitment to re-open business within 6 month of receipt of assistance All applicants meeting the threshold criteria will be selected. 4) Program Grant Size: Grants to local program operators will be based on the total approved SBA disaster loan amounts within the operator's jurisdiction, as a percent of the total SBA disaster loan amount awarded. PUBLIC FACILITIES AND SERVICES Public Infrastructure This assistance is for projects that FEMA or other sources cannot fund, but which are nevertheless critical to recovery. Examples include damaged water and sewer systems, storm drainage, levees, roads and bridges. 1) Allocation for Activity $10 75 million will be allocated to this activity 2) Eligible A~plica~ ts_Ci~ and county governments 3) Threshold Criteria (i.) Project will address need arising from the 2008 disaster (ii.) Project is the best alternative to resolve the need Criteria for Selection: (iu.) Urgency of the need for the facility; threat to health, safety, or welfare (iv.) Sufficient other local, state, or federal funds either are not available or cannot be obtained in the period required. (v.) Use of additional local taxes or user fees in place of the requested assistance would place undue burden on residents, especially low- and moderate income households. All criteria will be weighted equally. 4) Grant Size limits: No single project may be awarded more than 25% of all funds available for this activity. ADMINISTRATION State Administration State administration will include staff, equipment, consultant, and other operating costs involved in selection, funding, assisting, and monitoring local projects, detailed quarterly reporting to HUD, documentation of adherence to all laws, and other expenses. 1) Allocation for Activity: Actual expenses up to the HUD limit of 5% of funds ($4.25 mullion) will be allocated to this activity. 101P~1~~e CONTACT INFORMATION AND LINKS TO ENTITLEMENT CITIES AND COGS Contact Information for Entitlement Cities and for COGS is shown in Appendices B and C to this Plan. MONITORING STANDARDS AND PROCEDURES The Department will utilize time-tested State of Iowa CDBG Program monitoring policies and procedures for ensuring compliance with federal guidelines. These policies and procedures are consistent with those used by HUD to monitor state-administered and entitlement programs. In addition, the office of the Auditor of State (which reports to the Governor and the Legislature) and HUD frequently perform monitoring, assessment or auditing to ensure that the Department is in compliance with state and federal rules and regulations and to assist the state in providing guidance to CDBG recipients. The CDBG Program responds to these independent internal audit functions by modifying internal and external administration of the funding. The Department will utilize its existing monitoring process to ensure that all contracts funded under this disaster recovery allocation are carried out in accordance with federal and state laws, rules and regulations. Expenditures will be disallowed if the use of the funds does not address disaster-related needs or are clearly not for the greatest needs. In such case, the local goverrunent receiving the funding would be required to refund the amount of the grant that was disallowed. In determining appropriate monitoring of the giant, the Department will consider prior CDBG grant administration, audit findings, as well as factors such as complexity of the project The Department will determine the areas to be monitored, the number of monitoring visits, and their frequency. All giants will be monitored at least once on site during the life of the activity. The monitoring will address program compliance with contract provisions, including national objective, financial management, and the requirements of 24 CFR Part 85. The Department will utilize the checklists similar to those used in monitoring regular program activities. STEPS THE STATE WILL TAKE TO AVOID OR MITIGATE OCCURRENCES OF FRAUD, ABUSE, AND MISMANAGEMENT 1) Administration and Staffing The Iowa Department of Economic Development has been designated by Governor Culver as the administrator of Iowa's allocation of the Supplemental Appropriations Act, 2008. Further, the State of Iowa CDBG Program, within the Division of Community Development, will provide technical assistance to local government grant recipients and undertake administrative and monitoring activities to ensure compliance with applicable federal requirements. 2) National Objective All activities must meet one of the three national objectives set out in the Housing and Community Development Act (address slum and blight, urgent need, ox primarily benefit LMI persons). At least 50% of the Supplemental Funding will be used for activities that meet the National Objective of primarily benefiting persons of low- and moderate-income. 3) Administrative Costs Subgrantees axe strongly encouraged to minimize their administrative costs so that the amount available for program activities will be maximized. To promote this goal, the amount of allowable subgxantee administrative costs will be capped at a reasonable amount fox each of the various activity categories (i.e. housing repair, public facilities, business assistance), but will not exceed 10% for any of the categories. In any instance where the subgrantee believes this amount is not sufficient for their activities, they may petition the IDED to allow administrative costs in an amount up to 15 percent of the grant or contract amount. 4) Program Changes through Contract Amendments All subgxantees will be encouraged to carefully plan projects that meet the stated requirements and to specify activities, associated costs, and proposed accomplishments and beneficiaries in order to reduce the need for amending contracts. 11I1~'a~# subgrantees should contact the IDED prior to requesting an amendment or contract modification that affects the budget, activities, beneficiaries, or time frame fox accomplishing the proposed activities. Should a proposed amendment result in the need for modification of the Action Plan, the state will follow the process required by HUD for amending the Action Plan. Substantial amendments may be cause to review the entire Application submitted to determine if the project is meeting its stated goals and its timelines. 5) Documentation The use of the disaster funding is contingent upon certain requirements, and both the state and local government will be expected to certify that these requirements will be met or carried out. The chief elected official, or designee authorized by the local governing authority of the local government applying for funds will be required to certify in writing that the grant will be carried out in accordance with applicable laws and regulations. In addition, local governments will be required to submit or maintain documentation that fully supports the application that is submitted to the Department. Failure to document that the project is needed as a result of the disaster(s), or to mitigate the effects of future disasters, will result in an application being declared ineligible. If this discovery is made after an award has been made, the contract with the local government may be terminated and the local government may have to repay any funds received to that point. 6) Reportine Each awarded applicant must report on a form provided by the Department on the status of the activities undertaken and the funds drawn. Additional reporting requirements (i.e., annual audits, contractual obligations and minority business enterprise reports, as applicable) will be specified in the Department's contractual agreement. Some recipients may be asked to report using the online Disaster Recovery Grant Reporting system. 7) Citizen Complaints All subgrantees and recipients should establish procedures for responding to citizens' complaints regarding to activities carried out utilizing these funds. Citizens should be provided with an appropriate address, phone number, and times during which they may submit such complaints. subgrantees should provide a written response to every citizen complaint within 15 working days of the complaint. 8) Regulatory Requirements subgrantees must comply with fair housing, nondiscrimination, labor standards, and environmental requirements applicable to the CDBG Program, as follows: (i.) Fair Housing: Each Subgrantee will be required to take steps to affirmatively further fair housing; and when gathering public input, planning, and implementing housing related activities, will include participation by neighborhood organizations, community development organizations, social service organizations, community housing development organizations, and members of each distinct affected community or neighborhood which might fall into the assistance category of low and moderate income communities. (ii.) Nondiscrimination: Each Subgrantee will be required to adhere to the Departments' established policies which ensure that no person be excluded, denied benefits or subjected to discrimination on the basis race, color, national origin, religion, sex, familial status, and/or physical and mental handicap under any program funded in whole or in part by Federal CDBG funds. subgrantees will be required to document compliance with all nondiscrimination laws, executive orders, and regulations. (iii.) Labor Standards: Each Subgrantee will be required to oversee compliance with Davis-Bacon Labor Standards and related laws and regulations. Regulations require all laborers and mechanics employed by contractors or subcontractors on CDBG funded or CDBG assisted public works construction contracts in excess of $2,000, or residential construction or rehabilitation projects involving eight or more units be paid wages no less than those prescribed by the Department of Labor and in accordance with Davis Bacon Related Acts. (iv.) Environmental: Specific instructions concerning environmental requirements at 24 CFR Part 58 will be made available to all subgrantees. Some projects will be exempt from the environmental assessment process, but all subgrantees will be required to submit a Request for Release of Funds and Certification. Funds will not be released fox expenditure until the Departments are satisfied 12 11' a ~.~~ e that the appropriate environmental review has been conducted. Subgrantees will not use CDBG disaster recovery funds for any activity in an area delineated as a special flood hazard area in FEMA's most current flood advisory maps unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain in accordance with Executive Order 11988 and 24 CFR Part 55. ANTI-DISPLACEMENT AND RELOCATION Recipients will be expected to minimize displacement of persons or entities and assist any persons or entities displaced as a result of the disasters. This is not intended to limit the ability of the recipients to conduct buyouts fox destroyed and extensively damaged units or units in a flood plain. ACTION PLAN AMENDMENTS The following events would require a substantial amendment to the Action Plan: - Addition or deletion of any allowable activity described in the Plan; - Change in the planned beneficiaries; Substantial amendments to the 2008 Rebuild Iowa Disaster Recovery Action Plan, if any, will be published on the Department's website, emailed to affected units of general local government and will provide for a public comment period. All comments will be considered. 131I'<it~; APPENDIX A: TIMELINE OF REBUILD IOWA EVENTS AND ACTIVITIES INITIAL 45 DAYS 43 ''w . , ~, ' ;j ' , •t5 - Day Re~~cart tc~ the Gana rnar Juf'y 17, 2U48 Inidai R WC !.#aeting {1 Moinrisj July 28, sofl8 tiousirt~ Taak Force Meeting {i3es h#a~nesj EoanurrtiG and Wvkforoe [?eveiopman# Task Fong Meeting llNest Ctes Mo"rn9s) July 29. 2008 In9rastruohxe and Transportation T~k Force Meeting (1M1I~st flea Mopes) t=dutaitn Task Force AAesbng (Ankeny) Jtdy 90, 24198 Agrirve and ErrvimmientTask Foroa Meeting (West flan ~#~ines) Cultural Fleritage Task Force Meetir~ WWest t3~ Moines) Records 42etenlion Task Force Meetirg {west oes Haines) July 91, X98 RIAC Meet~g (Cedar Rapids) SpeakUp lv~va) tisterwvg Session lC4darRapids) A ~ Z0~ RIAC Meeting ~Wapelo) Speak t1p luval Lismr~tg Session lWapeio ) Auk 41, 241418 8'i~ic eaMti and Heaph Dare Task Faroe Meeting ttJrbandale ) Ftoadplain A#anagement Task Farce Meeting {West Oes Moines) August 7, 2949 Long-Term Retxnrery Ftanrirg Task Force Hosting {tkt,andale) August 11, ~d8 SpeakUp lo+val tisterting Session 4Red Oaks Augtra# 12, 20118 Speak Up Ivaa1 lsterrng Session {Fort Bodge J Augustl3,ZOD8 AgriwihreandErhrirorKrrentTaskFotr~el.#eetinglJahnston) Adger: ia, 2098 RIAC Meeting (Cedar Fps) Spaakt)p lawal listerang Session (Cedar Faits) August 25at~, 29~ RIP,C Meet~g {tJrbandale) Augr~# 29+20D8 RIAC Meeting {Tetephoric) ~epsiemtinr 3N 208 45 - Oay Repoli b The Governor arxi Lt. Gonor 141Pa~~c APPENDIX B: LIST OF COMMUNITY DEVELOPMENT/HOUSING CONTACTS FOR ENTITLEMENT COMMUNITIES Vanessa Baker-Latimer ITouring Coordinator City of Ames PO Box 811 Ames, IA 50010 Phonc:515-239-5400 FAX: 515-239-5404 Email: vbakerlatimc~cit~ames.ia.us Michelle Langcnwaltcr I Iousing & Community Development Specialist City of Cedar Falls 220 Clay Street Cedar Falls, IA 50613 Phonc:319-268-5168 I~AX: 319-273-8610 Email: Michelle Lannenwalter(a~cedarfalls.com bane E. Henning Assisted Housing Manager [dousing Services City of Cedar Rapids 1211 6th Street SW Cedar Rapids, Iowa 52404 Phony. 319-286-5873 I~~AX: 319-286-5870 F,mail: j.bcnning@cedar-rapids.org Brenda Carrico Community Development Program Coordinator City of Council Bluffs 209 Pearl Street Council Bluffs, IA 51503 Phone: 712-328-4629 FAX: 712-328-4915 Email: bcarrico@councilblu ffs-ia.gov 12ita Pribyl, Senior Manager Community Planning & Economic Development City of Davenport 226 W. 4~~' Strcct Davenport, IA 53801 Phone: 563-326-6171 Fi\X: 563-328-67 ] 4 Email: rjp(a~ci.davenport.i<1.us Carolyn C. Gathright Department of IIousing Services City of Des Moines 100 E. Euclid, Ste 101 Dcs Moines, IA 50313 Phone: 515-283-4151 FAX: 515-242-2844 Email ccgathright(r~dmgov.org "Cimothy R. Waddell, Division Administrator Community Development Division-IDED 200 E. Grand Avenue Des Moines, IA 50309 Phone: 515-242-4780 FAX: 515-242-4809 Email tim Waddell a iowalifechanl;ing.com www iowalifechanging.com/community/ IS~f~~l~..'i; Susan Minks; Ncighborhood Development Division Community Development Department City of Des Moines 602 Robert D. Ray Drive Des Moines, IA 50309-1881 Phone: 515-283-4779 FAX: 515-237-1694 Email: SAMinks(c~dmeov.ore Bob Schulte Federal Programs Administrator City of Des Moines 100 E. Euclid Avenue Suite 101 Des Moines, IA 50313 Phone: 515-237-1384 Cell: 515-202-8976 FAX: 515-242-2844 Email: raschult~dmgov.org AggieTauke Community Development Specialist City of Dubuque 350 W. 6c'' St. Suite 312 Dubuyue,IA 52001-3656 Phone 563-589-4212 FAX: 563-690-6693 Email: ataukc n ciryofdubuquc.org Steve Long Community Development Coordinator Iowa City Planning & Community Development City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Phone:319-356-5250 Fr\X:319-356-5217 Email: Stcvc-Long a Iowa-ciry.orl> Jeff W. Hanson Planning &Ncighborhood Services Division Manager City of Sioux City 405 6ch St. PO Box 447 Sioux City, IA 51102 Phone: 712-279-6343 Cell: 712-898-4503 1~AX: 713-279-0183 Email: ~,efflianson a~sioux-ciry.org Rudy D. ~ ones Community Development Director City of Waterloo 620 Mulberry St. Waterloo, IA 50703 Phone: 319-291-4429 Fi1X: 319-291-4431 Small: rudy_jones c ,waterloo-ia.org Christine Gordon Housing Planner Community & Economic Development Department City of West Des Moines 4200 Mills Civic Parkway Suite 2E West Des Moines, IA 50265 Phonc:515-273-0770 E.AX: 515-273-0603 Email: (~hristinc Gordon(a~wdm-ia.com 161Pa~~c APPENDIX C: CONTACT LIST FOR COUNCILS OF GOVERNMENT "I'om Mascy, Director Upper Explorerland Regional Planning Commission (UERPC) 134 West Greene Street, P.O. Box 219 Postvillc, IA 52162 563/864-7551 (FAX 563/864-7535) E-D-tail: ue c u acegroup.cc (Allamakee, Clayton, Fayette, Howard, Winneshick Counties) )oc Myhre, Director North Iowa Area Council of Governments (NIACOG) 525 Sixth Street SW Mason City, IA 50401 641/423-0491 (FAX 641/423-1637) E-Mail: niaco a niacog.orl* (Cerro Gordo, Floyd, Franklin, Ilancock, Kossuth, Mitchell, Winnebago, Worth Counties) "I'ed Kourousis, Interim Director Northwest Iowa Planning and Development Commission (NWIP&DC) 217 West s~'' Street, P.O. Box 1493 Spencer, IA 51301 712/262-7226 (FAX 712/262-7665) E-Mail tcd kourousis~nwipdc.orl* (Buena Vista, Clay, Dickinson, Emmet, Lyon, O'Brien, Osceola, Palo Alto, Sioux Counties) Jane Gilbert & Dwight Lang, Co-Directors Siouxland Interstate Metropolitan Planning Council (SIMPCO) 1122 Pierce Street, Y.O. Box 1077 Sioux Ciry, IA 51102 712/279-6286 (F'AX 712/279-6920) };-Mail: sim ~co([~simpco.or~ (Cherokee, Dakota, Dixon, Ida, Monona, Plymouth, Woodbury Counties) Chff Weldon, Director Midas Council of Govemments (MIDAS) 602 - 1'~ t\venuc, South Dort Dodge, IA 50501 x15/x76-7183 (I~AX 515/x76-7184) 1-b~Iail: cweldon-midasndodgenetcom (Calhoun, I Iamilton, Humboldt, Pocahontas, Webster, Wright Counties) Marty Wymore, Director Region Six Planning Commission 905 E. Maui Strcct, Stc. A Marshalltown, IA 50158 641/752-0717 (FAX 641/7x2-98x7) I?-Mail: m~vy_more t region ~planning.org (Hardin, Marshall, Poweshick,'I'amaCounties) Sharon ] uon, Director Iowa Northland Regional Council of Governments (INRCOG) 229 East Park Avenue Waterlog IA x0703 319/235-0311 (FAX 319/235-2891) E-Mail: ,juon(c~inrcog.org (Black Hawk, Bremer, Buchanan, Butler, Chickasaw, Grundy Counties) Kelley Dcutmcyer, Director East Central Intergovernmental Association (ECIA) 3999 Pennsylvania Avenue, Ste. 200 Dubuque, IA 52002 563/556-4166 (FAX 563/556-0348) L-Mail: kdeutmeyer(u~ecia.orl= (Cedar, Clntton, Delaware, Dubuquc,]ackson Counties) Denise Bulat, Director Bi-State Regional Commission 1504 Third Avenue Y.O. Box 3368 Rock Island, IL 61204-3368 309/793-6300 (I~AX 309/793-6305) -Mail: dbulat(c~bis-tateonline.org (Muscatine, and Scott Counties) 17 ~ ~~~ II a L Doug Elliott, Director East Central Iowa Council of Governments (ECICOG) 700 16'x' Strcct NE, Suite 301 Cedar Kapids-, IA 52402 319/365-9941 ext. 22 (FAY 319/365-9981) 1',-Mail: doug elliottna ccicog.org (Benton, Iowa, Johnson, Jones, Linn, Washington Counties) Kick f iuns-aker, Director Region XII Council of Govemments 1009 East Anthony Strcct P.O. Box 768 Carroll, IA 51401 712/792-9974 (hAX 712/792-1757) E-Mail rhunsaker a rcLnonl2cog.orlr (tAudubon, Carroll, Crawford, Greene, Guthrie, Sac, Dallas Counties) MJ Broomfield, Director Southwest Iowa Planning Council (SWIPCO) 1501 S. W. 7~ Strcct Atlantic, IA 50022 712/243-4196 (I~AX 712/243-3458) E-Mail: swipco~mctc.net ((:ass, Fremont, I Iarrison, Mills, Montgomery, Pagc, Pottawattamie, Shelby Counties) Timothy J. Ostroski, Director (SICOG) Southern Iowa Council of Governments 101 E. Montgomery St. Y.O. Box 102 Creston,lA 50801-0102 641/782-8491 (hAX 641/782-8492) E-Mail: sico ct sicog.com (Adams, Clarke, Decatur, Madison, Ringgold, Taylor, Union Counties) Ellen 1^oudrec, Director Area 15 Regional Planning Commission 651 Indian IIills- Drive, Bldg. 17 P.O. Box 1110 Ottwnwa, IA 52501 641/684-6551 (FAX 641/684-4894) F:-Mail: area 1 ~(c~ihcc cc is us (Davis, Jefferson, Keokuk, Mahaska, Van Buren and Wapello Counties) Baan "fapp, Director (SEIRPC) Southeast Iowa Regional Planning Commission 200 Front St., Ste. 400 P.O. Box 397 Burlington, IA 52601 319/753-5107 (Fr1X 319/754-4763) E-Mail: bta~nasei~c.com (lies Moines, Henry, Lee, Louisa Counties) Paul F. Mullen, Director (NAPA) Metropolitan Area Planning Agency 2222 Cuming Omaha, N E 68102 402/444-6866 (Ft1X 402/342-0949) E-Mail: map~na mapacog.orp (Mills and Pottawattamie Counties) Tracy Daughtcrty-Miller, Director Chariton Valley Planning & Development Historical Courthouse Square District 205 '/z N. 13d' Street Centerville, IA 52544 641/437-4359 (FAY 641/437-1161) I'.-Mail tmillcr@charitonc-alleyplanniny.com (Appanoose, Lucas, Monroe and Wayne Counties-) Tom Kanc, Dizcctor Central Iowa Regional Transportation Planning Alliance 6200 Aurora Ave., Ste. 300W,Merle May Centre Urbandale, IA 50322-2866 515/334-0075 (FAX 515/334-0098) (Boone, Dallas, Jasper, Madison, Marion, Story, Polk and Warren Counties) *Not a COG, but represent the counties in Central Iowa Ig ~ ~~ Il ° E' APPENDIX D: WAIVERS APPROVED TO DATE A complete list of the waivers approved to date can be found in the September 11, 2008 Federal Register, page Following is a summary of the approved waivers. Refer to the Federal Register for the complete language on the approved waivers. - Waiving 70% required overall benefit to LMI -adjusted to 50% - Waiving requirement to distribute to units of local government only - Waiving required consistency with consolidated plan - Waiving Action Plan requirements; substituting an Action Plan for Disaster Recovery - Waiving certain citizen participation requirements to streamline the process - Waiving administration cap to allow up to 5% - Waiving annual reporting requirements; substituting quarterly reporting - Waiver to allow new housing construction - Waiver allowing homeownership assistance to persons up to 120% of median income - Limited waiver of anti-pirating provisions for business assistance - Waiver of certain URA and relocation requirements - Waiver to allow state flexibility on requirements re: program income - Waiver of standard certifications; substituting alternative certifications - Waiver allowing reimbursement for pre-agreement costs APPENDIX E: DEPARTMENTS' RESPONSE TO PUBLIC COMMENT 1911'atn APPENDIX F: CERTIFICATIONS FOR STATE GOVERNMENTS, WAIVER AND ALTERNATIVE REQUIREMENT In accordance with the applicable statutes and the regulations governing the consolidated plan and the Supplemental Appropriations Act, 2008, the State certifies that: a) The state certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (See 24 CFR 570.487(b)(2).) b) The state certifies that it has in effect and is following a residential anti-displacement and relocation assistance plan in connection with any activity assisted with funding under the CDBG program. c) The state certifies its compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms, if required by that Part. d) The state certifies that the Action Plan for Disaster Recovery is authorized under state law and that the state, and any entity or entities designated by the state, possesses the legal authority to carry out the program for which it is seeking funding, in accordance with applicable HUD regulations and this Notice. e) The state certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24, except where waivers or alternative requirements are provided for this grant. The state certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135. g) The state certifies that it is following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.115 (except as provided fox in notices providing waivers and alternative requirements for this grant), and that each unit of general local government that is receiving assistance from the state is following a detailed citizen participation plan that satisfies the requirements of 24 CFR 570.486 (except as provided for in notices providing waivers and alternative requirements for this grant). h) The state certifies that it has consulted with affected units of local government in counties designated in covered major disaster declarations in the nonentitlement, entitlement and tribal areas of the state in determining the method of distribution of funding; i) The state certifies that it is complying with each of the following criteria: 1) Funds will be used solely for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent natural disasters. 2) With respect to activities expected to be assisted with CDBG disaster recovery funds, the action plan has been developed so as to give the maximum feasible priority to activities that will benefit low- and moderate-income families. 3) The aggregate use of CDBG disaster recovery funds shall principally benefit low- and moderate- income families in a manner that ensures that at least 50 percent of the amount is expended for activities that benefit such persons during the designated period. 4) The state will not attempt to recover any capital costs of public improvements assisted with CDBG disaster recovery grant funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless (A) disaster recovery grant funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this title; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the 201Pa<~e grantee certifies to the Secretary that it lacks sufficient CDBG funds (in any form) to comply with the requirements of clause (A). j) The state certifies that the grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. ZOOOd) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. k) The state certifies that it has and that it will require units of general local government that receive grant funds to certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2) A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 1) The state certifies that each state grant recipient or administering entity has the capacity to carry out disaster recovery activities in a timely manner, or the state has a plan to increase the capacity of any state grant recipient or administering entity that lacks such capacity. m) The state certifies that it will not use CDBG disaster recovery funds for any activity in an area delineated as a special flood hazard area in FEMA's most current flood advisory maps unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain in accordance with Executive Order 11988 and 24 CFR Part 55. n) The state certifies that it will comply with applicable laws. Signature/Authorized Official Date Title 211[~'a~~e