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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
October 16, 2008
OCTOBER 20 WORK SESSION
IP1 Council Meetings and Work Session Agenda
IP2 Memorandum from the City Attorney, Fire Chief, and Assistant City Manager: Underage and
Over Consumption of Alcohol - Review of Strategies
MISCELLANEOUS
IP3 Memorandum from the City Manager: Director Appointment
IP4 Memorandum from the City Clerk: Meeting with Area Legislators
IP5 Letter from the Chief of Police to Arvind Thakore: ICPD Police Sub Station within
Dolphin Lake Point
IP6 Memorandum from the JCCOG Executive Director: September 22, 2008 Affordable
Housing Market Analysis discussion
IP7 Memorandum from the Recycling Coordinator: Single Stream and Multi-Family
Housing Recycling Update
IP8 Memorandum from the Recycling Coordinator: Environmental initiatives update
IP9 Invitation from Habitat for Humanity: University of Iowa Build October 18, 2008 and
EcoMenical Build October 29, 2008
IP10 Approved Minutes: Economic Development Committee: September 9, 2008
Memorandum from City Manager: Work Session & Hazard Mitigation Grant Program
Update [Distributed on 10/16 to Council]
At a Glance newsletter: October 14, 2008 [Distributed at 10/20 Work Session]
DRAFT MINUTES
IP11 Housing and Community Development Commission: October 7, 2008
IP12 Police Citizens Review Board: September 16, 2008
IP13 Economic Development Committee: October 13, 2008
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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
October 16, 2008
OCTOBER 20 WORK SESSION
IP1 Council Meetings and Work Session Agenda
IP2 Memorandu from the City Attorney, Fire Chief, and Assista~it City Manager: Underage and
Over Consu tion of Alcohol - Review of Strategies /
MISCELLANEOUS
IP3 Memorandum from the
IP4 Memorandum from the
IP5 Letter from the Chief of
Dolphin Lake Point
Manager: Director Appoi tment
Clerk: Meeting with Are Legislators
Po`kce to Arvind Thak re: ICPD Police Sub Station within
IP6 Memorandum from the JCCOG xecu
Housing Market Analysis discussi
IP7 Memorandum from the Recycling ~
Housing Recycling Update
IP8 Memorandum from the Recycling Coordin
ive Dir,~ctor: September 22, 2008 Affordable
rdigfator: Single Stream and Multi-Family
Environmental initiatives update
IP9 Invitation from Habitat for Humanity: Hive ity of Iowa Build October 18, 2008 and
EcoMenical Build October 29, 2008
IP10 Approved Minutes: Economic Develo ent Com ittee: September 9, 2008
D FT MINUTE
IP11 Housing and Community Development Commission: ctober 7, 2008
IP12 Police Citizens Review Board: September 16, 2008
IP13 Economic Development Committee: October 13, 2008
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'""'®'~~ City Council Meeting Schedule and
c-~ o IOWA CITY Work Session Agendas October 16, 2008
www.icgov.org
• MONDAY, OCTOBER 20 Emma J. Harvat Hall
5:30p Council Work Session
• Parks & Recreation Master Plan
• Planning and Zoning Items "a and b"
No Dinner Sheraton Agreement (reference agenda item #10]
^ Council Appointments
• Agenda Items
^ Information Packet Discussion (October 9 and 16]
• Underage and Over Consumption of Alcohol- Review of Strategies
• Council Time
^ Schedule of Pending Discussion Items
^ Upcoming Community Events/Council Invitations
^ Discussion of Meeting Schedules
• TUESDAY, OCTOBER 21 Emma J. Harvat Hall
7:OOp Formal Council Meeting
TENTATIVE MEETING SCHEDULE
SUBJECT TO CHANGE
• 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
• 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
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,,,,~_,~_ City Council Meeting Schedule and
CITY OF IOWA CITY Work Session Agendas October 16, zoos
www.icgov.org
WEDNESDAY, DECEMBER 10
4:30p Joint Meeting
North Liberty
• TUESDAY, DECEMBER 16
5:30p Special Work Session
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7:OOp Formal Council Meeting
Continue Special Work Session if necessary
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Date: October 15, 2008
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Underage and Over Consumption of Alcohol -Review of Strategies
During the Spring and Summer of 2000 the Council received a number of suggestions from the
public and bar owners about how to address underage and over consumption of alcohol in our
community. My July 20, 2000 memo to the City Council, a copy of which is attached as
Attachment #1, briefly addressed the probability of implementing each suggestion. Since 2000
some of these proposals have been adopted and others have been discussed and rejected.
This memo will: 1) list the proposals made in 2000 and summarize the Council's action /
discussion on each; 2) summarize additional initiatives undertaken since 2000; and 3) pose
questions for Council to consider.
A. PROPOSALS MADE IN 2000
1. 2000 Proposal: Under 21 restriction.
8/1/2003 -Council passed an ordinance prohibiting persons under the age of 19
from being on the premises of an establishment whose primary business
purpose is the sale of alcohol after 10:00 p.m. An establishment can get an
exception certificate if it files a verified statement of an accountant demonstrating
that more than 50% of gross sales are from sales of goods and services (not
including cover charges) other than alcohol. This ordinance is codified at Section
4-5-8 of the City Code.
• 11/6/2007 -Citizen Initiative under City Charter to increase bar entry age to legal
age (currently 21) failed at ballot; 15,588 votes cast; FOR - 6,608 AGAINST -
8, 980
- Substantially similar citizen initiative prohibited for 2 years
Council could pass under-21 ordinance, which would be subject to citizen
referendum
Attached as Attachment #2 is staff's memo to Council dated 9/22/04 re:
evaluation of under-19 ordinance and other efforts to reduce access to and use
of alcohol by people under legal age
2. 2000 Proposal: Limitation on drink specials/Happy Hour, etc.
6/12/2001 -Specials Restrictions (all-you-can-drink; 2 for 1) passed by Council
and codified at Section 4-5-7 of the City Code
Note: Prior to passage the Council removed language proposed by staff which would
have prohibited establishments from reducing the price of alcoholic beverages
October 15, 2008
Page 2
below that normally or customarily charged. In subsequent updates, Council has
been advised to consider whether limiting two-for-one and all-you-can-drink
specials has the intended effect when an establishment can reduce its prices and
accomplish the same result.
• 2/4/03 -Exception for "private events" eliminated
The exception for "private events" was originally intended to allow guests of a
private party, such as a wedding reception, to receive unlimited alcohol for free.
However, it was used by some establishments to offer fixed price "packages"
which included unlimited alcohol to the general public (etc .. 450 tickets available
to "private" New Years Eve party).
Note: The specials ordinance prohibits increasing the volume of alcohol in a "drink"
without a proportionate increase in price. It does not prohibit the serving of
alcohol in containers over a certain size but could be amended to do so.
Note: History shows that enforcement of such ordinances is challenging.
3. 2000 Proposal: Imposition of administrative penalties for sales to under-age persons.
At the City Council's direction, in August of 2001, the City began an enforcement
effort targeting sales to underage persons in licensed establishments. After
educating establishments about the intended enforcement and securing underage
persons to assist with compliance checks, in April 2002 the police department began
doing compliance checks to determine if establishments had measures in place to
prevent sales to underage persons.
Both the State and the City, as the licensing authority, may impose administrative
sanctions. At the City Council's direction, the City Attorney's office has referred
criminal charges resulting from the police department's compliance checks to the
State Alcoholic Beverages Division (ABD) for pursuit of administrative penalties. The
Council's decision to rely on the state for imposition of administrative penalties was
two-fold. First, unlike the Council, the ABD is charged only with enforcement of
alcohol laws and is arguably less vulnerable to political pressures than the City
Council. Second, any administrative penalty imposed by the City can be appealed to
the ABD.
Administrative sanctions may be imposed on an establishment whose employee is
convicted or found in violation of the law against selling to minors. The penalties are
as follows:
a. First violation -Civil penalty of $500; suspension for 14 days upon failure to pay civil
penalty.
b. Second violation within two years - 30-day suspension and civil penalty in the
amount of $1,500.
c. Third violation within three years - 60-day suspension and civil penalty in the
amount of $1,500.
d. Fourth violation within three years -Revocation.
October 15, 2008
Page 3
The City Attorney's Office notifies the ABD when a charge is made and does not
wait until a conviction is entered. Issues that may arise in the criminal case (e.g.
identity of the server and employee's reliance on actions of other employees) are
irrelevant to the imposition of a civil penalty, the burden of proof is higher in the
criminal case and waiting for resolution of the criminal case delays the administrative
process. While the ABD uses the police department as a resource in litigating the
administrative sanctions, the decisions regarding resolution of these administrative
sanctions are made by the State. An establishment is entitled to seek judicial review
of the ABD's final decision.
Attached as Attachment #3 is a summary of the violations and the status of
administrative penalties by establishment. Since the compliance checks began the
failure rate has dropped and it is the impression of the police department that most of
the establishments are concerned and making efforts to be compliant. Many
establishments participated in the ABD's server training program ("tips") offered in
2003 to all on-premises Johnson County licensees. This program included a one-
time affirmative defense to the imposition of an administrative penalty if the
employee guilty of the violation was "tips" certified at the time the violation occurred.
4. 2000 Proposal: Increased enforcement of capacity restrictions. This can be done
and citations can be issued. Such action will, of course, require dedication of fire
personnel and resources.
A Captain /Inspector position was added to the Fire Department and filled in 2005 in
order to target specific occupancy classifications such as A-2 with ABDL. See Memo
from Fire Chief in info packet re: recent training and enforcement efforts.
5. 2000 Proposal: "Subdivide Iowa City into separate liquor districts and establish a
limited number of licenses per district." As we have previously stated, we cannot
deny the issuance of a liquor license based on the number of licenses that have
already been issued. The City could, by way of zoning regulation, regulate the
proximity of bars upon a finding of the negative impacts of the concentration of bars.
Existing uses would be "grandfathered,"however.
The Council discussed this strategy in 2003 and decided not to pursue it. Attached
as Attachment #4 is Senior Planner Bob Miklo's memo of 2/14/2003 that addresses
the issues and the direction staff would need from Council if it chose to pursue
zoning regulation.
6. 2000 Proposal: TIPS certification and training for bartenders.
The Iowa City Police Department has been doing TIPS training since 1992.
Currently, 20-28 establishments participate, 15 of those regularly. Classes are
provided 8 to 10 times each year. TIPS certification lasts for 3 years.
7. 2000 Proposal: Minimum price formula for alcohol sales.
The City's establishment of price is problematic from a legal and practical
October 15, 2008
Page 4
perspective. The City may, however, prohibit establishments from doing price
specials - i.e. reducing the price from that normally or customarily charged or below
cost. Such a provision was included in the proposed ordinance drafted by staff in
2001 but met with opposition and was removed by the Council.
8. 2000 Proposal: Wrist bands. This could be done. The exact mechanisms would
have to be worked out as to where they would be obtained, procedures, price, etc.
This has not been pursued by Council as a uniform legal requirement. Some
establishments use wristbands to distinguish those customers who are of legal age
from those who are not.
9. 2000 Proposal: Prohibition on advertisement of drink specials or prices. Research
on the legality of this option is required and would likely involve 15t Amendment
issues.
Council has not pursued.
10. 2000 Proposal: Keg registration/permits.
The Council addressed this proposal on several occasions and declined to pursue it
as a local ordinance. State legislation, HF 650, which took effect July 1, 2007,
requires retailers to affix identification stickers to beer kegs, keep records of the
purchaser's identity and make such records available to law enforcement. The state
legislation expressly preempts all municipal ordinances regarding keg registration or
the sale of beer in kegs.
11. 2000 Proposal: Limit out of sight sales.
6/12/2001 -Council passed section 4-5-7(4) of the City Code to prohibit the
serving of more than two "servings" of alcohol, wine or beer at any one time to
any one person.
2/4/2003 - "Servings" changed to "containers" due to ambiguities in the term
"servings" and difficulties with enforcement.
12. 2000 Proposal: Establish a coalition committee of interested parties and agencies to
meet regularly and actively monitor progress of programs.
There have been many organizations and groups that have addressed the problems
of underage and excessive alcohol consumption over the years. Records
documenting the initiatives of these groups and others are available in the City
Clerk's office. Here are some examples.
• ICAAB (Iowa City Alcohol Advisory Board)
• Chamber of Commerce Task Force on Underage and Binge Drinking
• Stepping Up Project
• UVAA (United Voices for Alcohol Alternatives -student group)
• UI Parents Board
• Alcohol Awareness Working Group
• UI Student Health Services
• College of Public Health (Peter Nathan)
October 15, 2008
Page 5
13. 2000 Proposal: Physical segregation within liquor establishments of areas where
drinks are allowed and not allowed. Yes, this is possible; most likely as a condition to
allowing those under 21 in.
Council has discussed this concept in connection with its discussions about
under-21 ordinances.
14. 2000 Proposal: Hiring off-duty police officers in uniform by bar owners. Legally,
there is nothing prohibiting the police department from allowing this. However, there
are a number of policy and liability issues that would need to be looked at prior to
implementation of such a policy.
Council has not pursued.
15. 2000 Proposal: Scanning machines to identify fake I.D.'s. This can likely be done.
Issues of cost, availability, compatibility with various I.D.s issued would have to be
investigated and addressed.
Council has not pursued.
B. ADDITIONAL EFFORTS SINCE 2000 THAT WERE NOT ADDRESSED IN THE 2000
MEMO:
16. Issuance and Renewal of Liquor Licenses
6/27/2006 - Council adopted guidelines to be used by Police Chief in
determining whether an applicant is of "good moral character" as defined in the
Iowa Code, administrative rules and the City's guidelines. The guidelines are
attached as Attachment #5
Note: Council could tighten the renewal criteria say, for example, by reducing the
tolerance for PAULAs within an establishment.
17. PAULA (Possession of Alcohol Under Legal Age)
• City Attorney implemented system to amend PAULAs issued in field to second or
subsequent offenses if court records show prior conviction.
• 2005 -State legislation increased fines for first offense from $100 to $200.
- included in Council's 2005 legislative priorities
Student Government's proposal for deferred prosecution of PAULAs
- 4/2/07 -Council chose not to pursue after consultation with City
Attorney. City Attorney's memo of 3/27/07 is attached as
Attachment #6.
October 15, 2008
Page 6
18. "After Hours" Clubs
4/29/2008 Council passed ordinance prohibiting "after hours" clubs due to
concern that such establishments would exacerbate the problems of underage
and over consumption of alcohol and the secondary effects thereof.
C. QUESTIONS FOR COUNCIL
Staff will be available to answer questions at your work session on Monday, October 20. I
suggest that after digesting the information provided above Council answer the following
questions:
a. Is there any additional information you would like to receive?
b. With respect to the 18 proposals /strategies discussed above, are there any
changes you wish to make?
c. What, if any, additional legislative changes or strategies do you wish to pursue?
Attachments #1 - 6
Cc: City Manager, Asst City Manager, City Clerk, Police Chief, Fire Chief, Planning Director
Eleanor/memo/alcoholupdateOct 2008
ATTACHMENTS TO 10/15/08 CITY ATTORNEY MEMO
1. 7/20/2000 Memo to City Council from City Attorney
2. 9/22/04 Memo to City Council from City Attorney, Assistant City
Manager and Police Chief
3. Summary of ABD Administrative Sanctions against establishments
4. Senior Planner Bob Miklo's 2/14/2003 Memo to City Council
5. Resolution No 06-216 approving guidelines for determining whether
liquor license applicants are of "good moral character"
6. 3/27/07 Memo to City Council from City Attorney re: deferred
prosecutions
ATTACHMENT # 1
City of Iowa City 1P4
~, MEMORANDUM --,
Date: July 20, 2000
To: City Council !~'
From: Eleanor Dilkes, City Attorney [/~'~~
Andrew Matthews, Assistant City AttorneyJf/'~rf
Re: Brief response regarding the probability of implementing suggestions proposed for
addressing the alcohol issues.
The following memo will list the various methods that have been suggested by Council or members of the
public, specifically at the Council's meeting with bar owners on July 11, for dealing with excessive
consumption of alcohoUunder-age drinking in Iowa City. Next to each suggested- method will be a very
brief notation as to whether the suggestion, if imposed by City Council legislation, would be legal. In
several cases we will simply note that the suggestion may be possible but additional research is required.
It is our understanding that the Council will direct staff concerning which option or options it desires to
pursue at its work session on July 31$'.
1. Under 21 restriction. Yes, the Council may impose such a restriction. Any legislation would have to
be carefully drafted to limit potential abuses and allow under-age persons to enter in appropriate
situations (e.g., with a parent). The Council may also wish to consider limitations based on time of
day when under-age persons are allowed into such establishments until a particular time in the
evening.
2. Limitation on drink specials/Happy Hour, etc. This may be a possibility. Research on the legality of
such restrictions is required and may involve constitutional law issues.
3. Imposition of administrative penalties for sales to under-age persons. Such administrative penalties
are already authorized by state law. There are two different mechanisms under state law for
imposition of civil penalties, one requiring a conviction of the establishment's employee for serving an
under-age person before the penalties can be applied, and one that does not require a conviction.
The penalties also differ. In either case, implementation would require an enforcement effort by the
police and the establishment of procedures for hearings in front of the City Council. Additionally,
actions by the City Council are appealable to the Alcoholic Beverages Division of the Iowa
Department of Commence.
4. Increased enforcement of capacity restrictions. This can be done and citations can be issued. Such
action will, of course, require dedication of fire personnel and resources.
5. "Subdivide Iowa City into separate liquor districts and establish a limited number of licenses per
district." As we have previously stated, we cannot deny the issuance of a liquor license based on the
number of licenses that have already been issued. The City could, by way of zoning regulation,
regulate the proximity of bars upon a finding of the negative impacts of the concentration of bars.
Existing uses would be "grandfathered," however.
6. TIPS certification and training for bartenders. This can, in all likelihood, be done. Such training is
currently provided by the Police Department on a voluntary basis. Additionally, State legislation from
this session specifically authorizes the City Council to require, as a condition of a liquor license, that a
designated security employee be trained and certified in security methods, which may have the effect
of limiting incidents at establishments.
7. Minimum price formula for alcohol sales. This may be possible. Research on the legality of such
legislation is required. There are constitutional law and anti-trust issues to review, as well as issues
relating to equal protection, i.e., treating bars differently from other establishments which sell alcohol
with respect to price limitations.
Eleanor Dilkes memo to City Council
July 20, 2000
Page 2
8, Wrist bands. This could be done. The exact mechanisms would have to be worked out as to where
they would be obtained, procedures, price, etc.
9. Prohibition on advertisement of drink specials or prices. Research on the legality of this option is
required and would likely involve 1°~ Amendment issues.
10. Keg registration/permits. Yes, the City Council could craft legislation to require keg registration. The
City Council has looked at this alternative in the last several years and has declined to pursue it.
11. Limit out of sight sales. This is a possibility. Additional research is required. Enforcement will be an
issue, not only with respect to employees of such establishments, but also with law enforcement.
12. Establish a coalition committee of interested parties and agencies to meet regularly and actively
monitor progress of programs. This can be done.
13. Physical segregation within liquor establishments of areas where drinks are allowed and not allowed.
Yes, this is possible; most likely as a condition to allowing those under 21 in.
14. Hiring of off-duty police officers in uniform by bar owners. Legally, there is nothing prohibiting the
police department from allowing this. However, there are a number of policy and liability issues that
would need to be looked at prior to implementation of such a policy.
15. Scanning machines to identify fake I.D.'s. This can likely be done. Issues of cost, availability,
compatibility with various I.D.s issued would have to be investigated and addressed.
I hope we have caught all the suggestions in this memo. If not, please iet us know and we will respond.
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
R.J. Winkelhake, Police Chief
Andy Rocca, Fire Chief
I ndexlwlmem/ed-a Icohol. doc
ATTACHMENT # 2
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DATE: 09/22/04
CITY OF IOWA CITY
MEMORANDUM
TO: City Council
FROM: Eleanor M. Dilkes, City Attorney
Dale Helling, Assistant City Manager
R.J. Winkelhake, Chief of Police
RE: Evaluation of under-19 ordinance and other efforts to reduce access to and use of
alcohol by people under legal age
A. Under-19 Ordinance
The ordinance prohibiting persons under the age of 19 from being on the premises of an
establishment whose primary business purpose is the sale of alcohol after 10:00 p.m. took
effect on August 1, 2003. By memo of June 4, 2003 staff proposed methods by which to assess
whether the under-19 ordinance reduced .access to and use of alcohol by persons under 19
years of age. A copy of that memo is attached. As we stated in the memo, the proposed
comparisons were of information available to staff and we would not be able to assess the
statistical significance of the comparisons. Council approved the proposed methods and
indicated its desire to assess the information after the ordinance had been in effect for a year.
Please refer to the attached series of bar graphs that illustrate a comparison of '02-'03 data with
`03-'04 data, representing the 12 month periods immediately preceding and immediately
following passage of the ordinance. In reviewing this information, you may wish to note the
following:
#1. Total PAULA (Possession of Alcohol Under Legal Age) citations issued in the `03-`04 year
were up just over 7%. These numbers reflect a variety of variables having to do with resources
available to the Police Department and priorities given to bar checks. They also include 19 and
20 year old offenders. This increase is not significant in evaluating the effects of the "Under 19"
ordinance. As noted in the staff memo of .6/4/03, a comparison of the percentages of the total
number of charges attributable to those under 19, as opposed to actual numbers, is necessary
in order to minimize the effect of different levels of enforcement.
#2. Of the total number of PAULA citations, the percent issued to persons under 19 declined in
the `03-`04 year by 10.76 percentage points. Since a majority of PAULA citations are issued in
licensed establishments, this may indicate some success in reducing the number of minors
under 19 in the bars.
#3 & #4. The percentage of all PAULA citations issued between 10:00 p.m. and 2:00 a.m., while
remaining very high, declined by 5.76 percentage points. The proportion of PAULA citations
issued to those under 19 during those same hours declined by 11.59 percentage points. This
perhaps indicates that the ordinance has served to slightly decrease the number of under-19
patrons in bars after 10:00 p.m. On the other hand, it may simply reflect a change in their
drinking patterns to avoid the greater risk of being in a bar after 10:00 p.m.
#5. The instances of arrest for other alcohol-related offenses (public intoxication, open
container, OWI) as a percentage of all arrests remained remarkably constant. This may suggest
that the ordinance has not resulted in reducing the relative proportion of those under 19 who are
the subject of alcohol-related arrests other than PAULA.
#6 & #7. These graphs indicate that arrests for disorderly house declined by over 13% in the 03-
04 year, and calls for service relating to disturbances/loud parties declined by over 10%. This is
in contrast with the predictions that such incidents would increase as underage (in this case
under 19) drinkers were prohibited from bars. At least when the prohibition is limited only to
those underage persons under the age of 19 after 10:00 p.m., the incidence of neighborhood
disturbances has not increased.
Not surprisingly, the above data indicate that the under-19 ordinance has reduced the
percentage of PAUTA charges attributable to persons under 19 years of age, apparently without
detrimental consequences for law enforcement. Thus, the Iowa City Police Department views
this ordinance as a tool in reducing the incidence of underage drinking, and supports expansion
of the prohibition to under 21 years of age with the caveat that the potential for increased
unlawful activity in places other than the bars continue to be monitored and assessed. Setting
the age of bar entry at 21 would also have the added benefit of being consistent with the State's
legal drinking age.
In the year following enactment 169 persons were charged with violating the under-19
ordinance. The vast majority of these charges were resolved by pleas or findings of guilty. As
discussed with Council previously, the focus has been on charging the under-19 individuals with
the simple misdemeanor, which carries a fine of $250.00 plus surcharge ($75) and court costs
($17). The focus with the establishments and their employees has been to assure that they
have the required notice or exemption posted and to pursue administrative sanctions for sales
to underage persons, an effort discussed later in this memo. In the future, the Police Chief may
examine the number of charges against persons under 19 within an establishment in connection
with liquor license renewals.
B. Administrative Sanctions.
The State Code authorizes the imposition of administrative penalties (fines, suspensions,
revocations) against a licensed establishment when an employee of the establishment violates
the laws regarding alcohol sales. At the City Council's direction, in August of 2001, the City
began an enforcement effort targeting sales to underage persons in licensed establishments.
After educating establishments about the intended enforcement and securing underage persons
to assist with compliance checks, in April 2002 the police department began doing compliance
checks to determine if establishments had measures in place to prevent sales to underage
persons.
Both the State and the City, as the licensing authority, may impose administrative sanctions. At
the. City Council's direction, the City Attorney's office has referred criminal charges resulting
from the police department's compliance checks to the State Alcoholic Beverages Division
(ABD) for pursuit of administrative penalties. The Council's decision to rely on the State for
imposition of administrative penalties was two-fold. First, unlike the Council, the ABD is
charged only with enforcement of alcohol laws and is arguably less vulnerable to political
pressures than the City Council. Second, any administrative penalty imposed by the City can
be appealed to the ABD.
Administrative sanctions may be imposed as the result of a criminal conviction or in the absence
of criminal conviction. Conviction of an employee or employees of an establishment for serving
an underage person results in the following administrative penalties against the establishment:
a. First conviction -Civil penalty of $500; suspension for 14 days upon failure to pay civil
penalty.
b. Second conviction within two years - 30-day suspension and civil penalty in the amount
of $1,500.
c. Third conviction within three years - 60-day suspension and civil penalty in the amount
of $1,500.
2
d. Fourth conviction within three years -Revocation.
In the absence of a conviction the maximum civil penalty that can be imposed for asale-to-
minor violation is one thousand dollars ($1,000.00). The maximum suspension-time is one year
or the remaining period of the license. The ABD has found the mandates of the state code
regarding administrative sanctions upon conviction to be a useful guide when imposing
sanctions for underage violations when there is no conviction.
The City Attorney's Office notifies the ABD when a charge is made and does not wait until a
conviction is entered. Issues that may arise in the criminal case (e.g. identity of the server and
employee's reliance on actions of other employees) are irrelevant to the imposition of a civil
penalty, the burden of proof is higher in the criminal case and waiting for resolution of the
criminal case delays the administrative process. While the ABD uses the police department as a
resource in litigating the administrative sanctions, the decisions regarding resolution of these
administrative sanctions are made by the State. An establishment is entitled to seek judicial
review of the ABD's final decision.
Attached is an exhibit which identifies the violations and the status of administrative penalties by
establishment. Since the compliance checks began the failure rate has dropped and it is the
impression of the police department that most of the establishments are concerned and making
efforts to be compliant. Many establishments participated in the ABD's server training program
("TIPS") offered in 2003 to all on-premises Johnson County licensees. This program included a
one-time affirmative defense to the imposition of an administrative penalty if the employee guilty
of the violation was TIPS certified at the time the violation occurred. It appears that the
administrative sanctions are having the intended effect.
C. PAULA (Possession of Alcohol Under Legal Age) Charges
The police department continues to issue a large number of PAULA charges. Attached is the
year to date report showing PAULA charges by establishment. By State Code, PAULA is a
simple misdemeanor punishable by a fine of $100.00 for the first offense (plus surcharge of $30
and costs of $17). A second or subsequent offense is a simple misdemeanor punishable by a
fine of $200.00 (plus surcharge of $60 and court cost of $17) and the suspension of the
person's driver's license for a period not to exceed one year.
Officers who are on patrol are not in a position to determine whether a person they are charging
with PAULA has been convicted of PAULA before. Thus, all PAULAs are charged as first
offense. As we have discussed previously, given the low PAULA fine, there is arguably little
deterrent effect. Recently, the City Attorney's Office has been obtaining copies of all PAULA
charges on the first working day after they are issued, checking the court records to determine
whether it is a second or subsequent offense and filing a motion to amend the charge in order to
seek the enhanced penalty if it is a subsequent offense. It is the hope that the driver's license
sanction will serve as a greater deterrent to future violations.
Staff will be available at your work session on September 28, 2004 to answer any questions you
may have about this material.
Cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Andy Matthews, Assistant City Attorney
Captain Matt Johnson
Captain Tom Widmer
Sgt. Troy Kelsay
Emd/memolalcohol enforcement evaluation
3
City of Iowa City
MEMORANDUM ~P1
Date: June 4, 2003
To: City Council
From: Dale Helling, Assistant City Manager
Re: Measurement of Effectiveness of Under 19 Ors
1 have met with City Attorney Eleanor Dilkes, Police Chief R.J. Winkelhake and other members of
the Police Department and City Attorney's Office to discuss possible methods by which to gauge
the effectiveness of the under 19 ordinance recently passed by the Council, which becomes
effective on August 1, 2003.
Staff has formulated the question as follows: Does the ordinance reduce access to and use of
alcohol by persons under 19 years of age?
In an attempt to answer this question, staff proposes the following:
1. Staff will determine the number of PAULA (Possession of Alcohol Under Legal Age) charges
for the period August 1, 2002 through July 31, 2003 and the percentage of those charges that
were against persons under the age of 19. If computer systems allow, these numbers will be
broken down further into charges before and after 10:00 p.m. For the period August 1, 2003
through July 31, 2004 staff will track PAULA charges and charges against persons under 19 for
being present in a bar in violation of the ordinance. Again, if possible these will be broken into
charges before and after 10:00 p.m. When the ordinance has been in place for a year, a
comparison will be made of the percentage of persons charged who are under 19 during the
year before and after the effective date of the ordinance. A comparison of percentages as
opposed to actual numbers is necessary to minimize the effect of different levels of
enforcement.
2. The percentage of those persons charged with other alcohol-related crimes such as public
intoxication, open container, and OWI who are under the age of 19 will be determined for the
year before and the year after the effective date of the ordinance.
3. Upon the effective date of the ordinance, the number of charges against persons under 19 for
violating the ordinance will be tracked to identify trends in violations as the ordinance remains
in effect over time.
4. Finally, staff will compare the number of calls received by the Police Department for disorderly
house in the year before and the year after the effective date of the ordinance to provide a very
rough indication of whether there is additional private party activity.
Of course, we cannot assess the statistical significance of these comparisons. These methods
simply offer a comparison of information that is readily available to staff and Council. We can
discuss these and other thoughts the City Council may have at your work session on June 9, 2003.
cc: Eleanor M. Dilkes, City Attorney
R. J. Winkelhake, Police Chief
Andy Matthews, Assistant City Attorney
Marian K. Karr, City Clerk
Troy Kelsay, Iowa City Police Department
Mike Brotherton, Iowa City Police Department
Captain Tom Widmer, Iowa City Police Department
mgr/assUmemldh-under doc
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Iowa City Police Department
P.A. U . L.A. Report -- August 2004
(PAULA -Possession of Alcohol Under the Legal Age)
Monthly Totals Year-to-D ate Totals PAULA per Visit
Business Name (occu ancy] visits arrests visits arrests (ear-to-date)
808 [176] (opened June) 5 7 13 17 1.308
Airliner [265] 20 16 0.800
American Legion [140] 2 0.000
Aoeshe Restaurant [156J
Atlas World Grill [165] 1 0 17 1 0.059
Baldy's Wraps [47]
B.P.O. Elks #590 [205]
Bo-James [111] 1 0 46 3 0.065
Bob's Your Uncle [204*]
Boneheads [226] (opened Auyust> 1 0 1 0 0.000
Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [179] 9 1 0.111
Carlos O'Kelly's [299]
China Moon [118]
College St Billiard Club [250] 6 0 56 1 0.018
Colonial Bowling Lanes [502] 7 0.000
Cottage Bakery & Cafe [156]
Dave's Fox Head Tavern [87]
Deadwood Tavern [218] 1 0 17 0 0.000
Devotay [45]
Diamond Dave's (Old Capitol) [203] 3 0 0.000
Diamond Dave's (Sycamore) [104] 1 0 0.000
Dublin Underground [57] 1 0 13 1 0.077
Et Cetera [178] 2 3 31 22 0.710
EI Ranchero [161J
First Avenue Club [500] 1 0 0.000
Fitzpatrick's/Brewery [394*] (closed May) x x 3 0 0.000
Fraternal Order of Eagle's [315]
Gabe's [339J 8 1 0.125
General Japanese Restaurant [87]
George's Buffet [75] 1 0 0.000
Givanni's [187]
Godfather's Pizza [170]
Green Room [144] 6 0 0.000
Gringos Mexican Bar & Grill [180]
Grizzl 's South Side [265] 1 0 10 0 0.000 _
Ground Round Restaurant [192]
Hanrahan's Pub [72] 2 0 0.000
Happy Joe's Pizza [84] _
Hilltop Lounge [90] 3 0 0.000
India Cafe [100]
Iowa City Yacht Club [119] 8 1 0.125
It's Brothers Bar & Grill [456] 2 1 59 27 0.458
Joe's Place [161] 15 0 0.000
Kitty Hawk [225] 1 0 4 0 0.000
Lark Restaurant [289]
La Casa [300]
Linn Street Cafe [80]
Los Portales [161] 1 0 0.000
Loyal Order of Moose [476]
Malone's Irish Pub [176] (aosed May) x x 30 52 1.733
Masala [46]
Martinis [166] 4 0 31 0 0.000
Mclnnerne 's [154] 11 0 0.000
Memories [120] 1 0 7 0 0.000
Micky's [70] 11 3 0.273
Mike's Tap [56J 1 0 0.000
Mill Restaurant [325] 3 0 0.000
Minerva's Bar & Grill [220] 2 0 0.000
Mondo's (Downtown) [226] (dosed Juiy) x x
Motley Cow CafB [25]
Mumm's Saloon & Eatery [230"]
Yen Ching Restaurant [247]
Okoboji Grill [222]
One-Eyed Jake's [355] 2 2 22 36 1.636
One Twenty Six/Loft [105] 4 0 0.000
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's (Riverside Dr) [95]
Parthenon [320]
Pizza Hut [68]
Piano Lounge [65J 1 0 21 0 0.000
Quality Inn/Highlander [971] 1 0 0.000
Que Bar [458] 35 31 0.886
Quinton's Bar & Deli [149] 1 0 19 0 0.000
Rick's Grille & Spirits [120] (opened June)
R.T.'s [270] 3 2 0.667
Sam's Pizza [94]
Sanctuary Restaurant & Pub [132]
Seoul Garden [73]
Shakespeare's [120] 6 0 0.000
Sheraton/Morgan's Bar & Grill [214] 2 0 6 1 0.167
Siren [120] (opened June) 3 0 0.000
Sports Column [249] 7 9 65 95 1.462
Studio 13 [230] 15 1 0.067
Summit Restaurant & Bar [484] 5 23 44 95 2.159
Sushi Po Po [84]
Takanami [148]
Thai Flavors [60]
Thai Spice [91]
Third Base/Fieldhouse [420] 6 8 66 48 0.727
Union Bar [725] (dosed May to Juiy) 2 5 41 59 1.439
VFW Post #3949 [197]
Vine Tavern [170] 2 2 1.000
Vito's [235] 7 11 34 36 1.059
Wig & Pen Pizza Pub [203*]
Zio Johno's Spaghetti House [94]
Z'Mariks. Noodle Cafe 47
Totals: 60 69 840 552 0.657
Other PAULA at non-business locations: 40 129
PAULA Tota/s: 109 681
current month year-to-date
(*inc/udes outdoor area]
ATTACHMENT # 3
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City of Iowa City
MEMORANDUM
Date: February 14, 2003
To: City Council
From: Bob Miklo, Senior Planner
Re: Zoning Regulations for Bars and Nightclubs
The City Council asked staff to investigate zoning regulations that would prohibit or limit the
possibility of additional bars being located downtown. We have reviewed regulations from other
communities that use zoning controls to regulate bars. Although there are few communities in
Iowa that use such zoning techniques, nationally it is not uncommon for communities to regulate
the location of bars in relationship to other establishments that serve alcohol, as well as other
land uses such as churches, schools and residential neighborhoods. Many communities have
zoning regulations that require bars to be located a certain distance from other bars (generally
300 to 1,000 feet); a certain distance from residential areas (generally 200 to 1,000 feet); and a
certain distance from sensitive land uses such as churches, schools, daycare centers, etc.
(generally 200 to 1,000 feet).
Because Iowa City's zoning regulations currently do not distinguish between bars and
restaurants, if the City Council wishes to pursue zoning requirements for bars we would need to
create a definition for bars that is separate from that of restaurants. Because of the complexity
of creating such regulations, staff would like further direction from Council. There are several
questions and related issues that we would like the Council to consider.
Should all restaurants which serve alcoholic beverages be regulated? This method of
regulation would be simple to draft and enforce. However, depending on the separation
distance required, it would make it very difficult to establish new downtown restaurants that
wished to sell any sort of alcoholic beverage with meals. Is this a consequence that the
Council would accept in order to prevent the opening of new establishments that serve
alcohol?
2. Should a distinction be made between restaurants and bars based on the percent of sales
that come from alcoholic beverages? Many communities classify businesses with a certain
percentage of revenues form alcohol sales as restaurants and thus not subject them to
regulation as barsR. For example if 55% in alcohol revenues. is determined to be the tipping
point between a restaurant and a bar, a business which derives 46% or more of its revenue
from the sale of food and 54% or less from the sale of beer and wine, would be treated as a
restaurant and therefore not subject spacing regulations for bars. A business that derives
56% of its revenue from alcoholic beverages would be classified as a bar and could not be
operated within a specified distance from another bar. This type of regulation is more
complicated to enforce. It requires establishments with liquor licenses to submit certified
accounting reports so the City may determine whether a business is classified as a bar or a
restaurant. Another difficulty of this approach arises when a business that serves both food
and alcoholic beverages first opens -the relative percent of food and beverage sales is not
known. A restaurant operator may intend to derive a high percentage of sales from food, but
after opening for business finds that it does not achieve its target for food sales. This may be
less of a problem if the relative percentage of alcohol sales allowed for restaurants is set
Based on research available to staff, other communities use a percent of sales of alcoholic beverages
somewhere between 40% and 75%.
Zoning Regulations for Bars and Nightclubs
February 14, 2003
Page 2
high (the top of the range based on other communities appears to be 75%). This would
regulate only the establishments that feature very limited or no food service as part of their
business.
3. Should the zoning ordinance create different classes of bars depending on the occupancy
load? For example, smaller bars which have occupancy loads of less than 200 people may
have less stringent regulations than larger bars or nightclubs that have occupant loads of
200 or more persons. A list of downtown businesses with liquor permits is attached with
occupancies noted.
4. If the Council chooses to implement zoning regulations for bars, should these regulations
apply to all commercial zones throughout the city as well as the downtown zones (CB-2,
CB-5 and CB-10)?
5. Communities that use zoning to regulate bars generally also regulate liquor stores. Does the
Council wish to consider regulation of liquor stores as well as bars?
It should be noted that if the Council chooses to pursue zoning regulations to control the
location of bars, existing establishments will be grandfathered in and will be allowed to remain in
operation. However, adoption of such regulations would likely prohibit the opening of additional
bars in most of the downtown. For example, if a 500-foot separation is required for bars,
additional establishments would not be allowed in most of the downtown, because there are
very few buildings that are not located within 500 feet of an existing bar. The attached map
illustrates the location of downtown businesses with liquor permits.
ppdadmi n/mem/bars.doc
I]c~wutc~wn Business+~s
with I.~quc~r Permits
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Downtown Liquor Permits
Occupancies Greater Than 200:
Union Bar
Summit
Q Bar
Brother's
Fieldhouse
Gabe's
Jake's
Airliner
College Street Billiards
Sports Column
Vito's
Alley Cat
Deadwood
725
484 (222 upstairs, 262 downstairs}
458
456
400
359
355 (213 upstairs, 142 third floor)
265 (160 first floor, 105 second floor)
250
249
235
230
218
Occupancies Less Than 200:
Givanni's 187
Gringo's 180
Etc. 178
Malone's 176
Atlas- 165 (93 upstairs, 72 downstairs}
Joe's Place 161
Cottage Bakery 156
Quinton's 149
Bo-James 115
Dublin 57
Baldy's 47
Masala 46
Note: This is a partial list based on building permit information available in October 2002.
ATTACHMENT # 5
16
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO,~,~.~ 6
RESOLUTION APPROVING THE POLICE CHIEF'S GUIDELINES FOR
DETERMINING WHETHER APPLICANTS FOR INITIAL AND
RENEWAL LI4UOR LICENSES, BEER PERMITS AND WINE PERMITS
ARE OF "GOOD MORAL CHARACTER".
WHEREAS, section 123.32 of the Code of Iowa provides that a local authority, such as the
City, shall approve or disapprove applications for liquor licenses, beer permits and wine
permits based, in part, on whether the applicant is of "good moral character";
WHEREAS, section 4-2-3 of the City Code requires that the Chief of Police determine if
the applicant is of "good moral character;"
WHEREAS, the Chief of Police, in collaboration with the City Clerk and the City Attorney,
has developed a written policy for applications and renewals that includes criteria to
determine good moral character; and
WHEREAS, it is in the public interest to approve said policy as set forth in the attached
Iowa City Police Department Memo from the Chief of Police dated April 24, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
The Iowa City Police Department Memo from the Chief of Police dated April 24, 2006, a
copy of which is attached, is approved.
Passed and approved this 27th day of Jude 006.
MAYOR
~ A r ved by: - 1
ATTEST: r ~ 9'~~dL+~ "/ ^ ~.~
CITY LERK City Attorney's Office
Resolution No. 06-216
Page ~,
tt was moved by Bailey and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
~_ Champion
g Correia
~_ Elliott
`~ O'Donnell
~_ Vanderhoef
~ Wilburn
DEPARTMENT MEMO
TO: Mr. Steve Atkins
FROM: Chief Sam Hargadine ~
RE: Liiquor License Appiications
DATE: April 24, 2006
In collaboration with the City Attorney's Office and the City Clerk's office the following policy has
been developed to govern review of applications for liquor licenses, beer permits, wine permits
and renewals by the Iowa City Police Department.
I. PROCEDURE
Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal
of any of those to the City Council the Chief of Police or his or her designee will make an
investigation to determine if the applicant is of "good moral character" as that term is defined in
the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal
applications any investigation will include any relevant information about prior operations under
the license or permit. Following such investigation the Chief or his designee will either approve
or disapprove the application. Any disapproval will be in writing and will set forth the reasons for
the disapproval. The investigation and, if applicable, the memo setting forth the reasons for
disapproval, will be completed within 5 working days of the Chief's receipt of the application.
In addition to a review of the application the Police Chief or his designee will perform a records
check on the establishment's history and will review the DCI (Division of Criminal Investigation)
criminal history reports provided by the applicant on each person with an ownership or
management interest in the establishment. The following factors assume the establishment
has been under continual ownership.
FACTORS TO CONSIDER. In determining whether an applicant is of good moral
character the factors to be considered by the Chief of Police or designee will include,
but are not limited to, the following:
• Sales of alcoholic beverages to persons under the legal age by the licensee or
permittee or its employees or agents. Multiple occurrences will be considered as
grounds far non-renewal.
• Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or
its employees or agents. Multiple occurrences will be considered as grounds far
non-renewal.
• Misrepresentation or withholding of any material fact in the license application or city
addendums including, but not limited to the failure to identify
managemenUsupervisory staff and provide their DCI criminal histories.
Prior felony convictions of all persons with an ownership or management interest in
the applicant will be reviewed. Per state code, a person with an ownership interest in
the applicant, as defined by state code, may not have been convicted of a felony and
the same rule should apply to those with a management interest. However, if the
felony conviction occurred more than 5 years before the date of the application and
the person's rights of citizenship have been restored by the governor, the Police
Chief or designee may, after considering the nature of the crime and the person's
history after the conviction, maEce a determine#ion that the person is of good moral
character notwithstanding the conviction.
Prior misdemeanor convictions of all persons. with an ownership interest or a
management interest in the applicant will be reviewed, particularly those relating to
use of alcohol or illegal substances, including operating a mo#or vehicle while under
the influence of alcohol or drugs. The mere presence of a conviction would not
exclude a person from a license or renewal; however, if there was evidence that.
alcohol was a factor in this conviction it would be grounds for denial. The length of
time since the conviction will be considered. Misdemeanor convictions older than
five years will not be considered.
• Conditions imposed by a Court on a person with an awnership or management
interest in the applicant relating to use of alcoholic beverages and/or presence in
establishments that serve alcoholic beverages.
• Any refusal, failure or neglect by a licensee, permittee or its employees or agents to
cooperate with any law enforcement officer in the performance of the officer's duties,
including, but not limited to, inspections of the establishment.
• Reports of law enforcement officers of incidents within or adjacent to the
establishment, such ~as fighting, altercations and disorderly conduct, which suggest
that the applicant does not have measures in place to adequately control the
premises.
• Over-occupancy
• A pattern of convictians of persons within the establishment for PAULA (Possession
of Alcohol Under Legal Age) and/or the local law prohibiting persons under 19 from
being in licensed establishments, which suggest that the licensee or permittee does
not have measures in place to adequately control access of persons under legal age
to alcohol. The Police Chief or Designee shall review the establishment's rate of
PAULAs per visit. A rate of 1.5 PAULAs per visit may be grounds for disapproval of
the application. (See Attached}
• Violation of any law or regulation which jeopardizes the health, safety or welfare of
patrons of the establishment.
Corrective action taken by the licensee /permittee in response to warnings by the
Police Department. Throughout the license year when violations come to light or the
police department makes sales to minor cases, PAULA arrests or any liquor law
citation warning letters will be sent to the licensee or permittee. Copies of these
letters will be retained by the police department and will be considered in determining
whether to approve or disapprove the application.
• In the event a person with an ownership interest or managemen# interest in the
applicant has previously had an ownership or management interest in another
establishment, relevant operation at that establishment, including the above factors,
may be considered.
Iowa City Police Department
P.A.U.L.A. Report -- December 2005
(Possession of Alcohol Under the Legal AgeJ
Monthly Totals Year-to-Date Totals PAULA per Vlslt
Business Name joccupancyj visits arrests vlsfts arrests (year-to-date)
Airliner [265] (open sep) 2 0 11 0 0.000
American Legion [140] 1 0 0.000
Aoeshe Restaurant 156
Atlas World Grill [165J 10 0 0.000
Baldy's Wraps [47J
B.P.O. Elks #590 205
Bob's Your Unde (Dodge) [#) (open Apr)
Bob's Your Unde (M.Trek) [204`] 1 0 0.000
Bo-James 111 4 0 31 7 0.226
Boneheads [226] 1 0 0.000
Brown Bottle [289J
Buffalo Wild Win Grill & Bar 179
CafA Z [56]
Carlos O'Kelly's [299]
China Moon 118
Club Car [56] 1 0 8 1 0.125
College St Billiard Club [250] 7 0 51 4 0.078
Colonial Lanes 502 3 0 0.000
Cottage Bakery 8 Cafe [156]
Dave's Fox Head Tavern [87J 8 0 0.000
Dawit's Restaurant # (openoa)
Deadwood Tavem [218J 1 0 16 0 0.000
Devotay [45]
Diamond Dave's {Oid Ca itol 203 2 0 0.000
Donnelly's (#] (open Nov} 1 0 2 0 0.000
Diamond Dave's (Sycamore) [104]
Dubin Under round 5 ~ 2 0 14 0 0.000
808 Restaurant & Nightclub [176] 1 2 74 115 1.554
EI Ranchero [161]
ETC 178 2 0 52 65 1.250
First Avenue Club (500] 4 1 0.250
Fitzpatrick's [116] 12 1 0.083
Fraternal Order of Ea le's 315
Gabe's [339] 1 0 7 3 0.429
General Restaurant [87J (Dosed Mar)
Geo e's Buffet 5 12 0 0.000
Givanni's [187J
Godfather's Pizza [170]
Green Room 144 6 3 0.500
Grizzly's South Side [265] 38 5 0.132
Ground Round Restaurant [192]
Gus' Roadhouse & BBQ (closed Mar)
Hanrahan's Pub (72] 12 0 0.000
Happy Joe's Pizza [84]
Hillto Loun a 90 9 0 0.000
India Cafe [100]
Iowa City Yacht Club [119] 1 0 11 1 0.091
It's Brothers Bar ~ Grill 456 5 0 74 14 0.189
Jimmy Jadc's Rib 5had< [#] (open Jul)
Joe's Place [161] 22 2 0,091
Kandy Land (120] 7 0 0.000
Kitty Hawk [225] 9 1 0.111
Lark Restaurant [289]
La Gasa 300
Linn Street Cafe (80]
Los Portates [161J
Lo al Order of Moose 476
Masala [46] ~
Martini's [1116] 3 0 33 1 0.030
Mia Milano 49 I
Mclnnemey's (154] 2 0 15 0 0.000
Micky's pOJ 6 0 0.000
Mill Restaurant 325 3 0 0.000
Motley Cow Caf6 [25]
Mumm's Saloon [96'] 3 0 0.000
New Yen Chin Restaurant 247
Okoboji Grill [222]
Old Capitol Brew Works [394'J 14 1 0.071
One-E ed Jake's 55 3 5 60 153 2.550
One-Twenty-Six/Loft [105] 2 0 0.000
Oyama Restaurant [87] {open Apr)
Pa liars Pizza 113
Panchero's (Clinton St) [62] 1 1 1.000
Panchero's (Riverside Rr) [95]
Piano Lou a 65 2 0 10 0 0.000
Pit Smokehouse [#J {open Nov)
Pizza Hut [68]
Quatit InnM' hlander 971
Que Bar [458j 6 3 34 21 0.618
Quinton's Bar & Deli [149] 2 0 13 0 0.000
Rack BBQ
Rick's Grille 8 Spirits [120] 4 0 0.000
Riverside Theatre
R.T.'s 270 18 3 0.167
Sam's Pizza [94] '
Sanctuary Restaurant & Pub [132J 1 0 0.000
Seoul Garden 3
Shakespeare's [120] 11 0 0.000
SheratonlMorgan's Bar &~ Grill [214] 1 0 0.000
Siren 120 5 0 0.000
Skybox [47J 18 22 1.222
Speakeasy 9 0 50 i 0.020
S orts Cotumn 249 9 7 118 309 2.619
Stud(o 13 [230] 1 0 13 0 0.000
Summit [484J 5 7 100 179 1.790
Sushi Po Po 84
Takanami [148]
Thai Flavors [60j
Thal S ice 1
Third BaselFieldhouse [420] 14 21 134 228 1.701
Union Bar [725] 6 5 11 B 215 1.822
VFW Post #3949 197 1 0 16 0 0.000
Venuto's World Grill [49j
Vine Tavern [170] 15 8 0.533
Vito's 235 11 11 114 141 1.237
Wig & Pen Pizza Pub [203`] 2 0 10 0 0.000
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle Cafg 47
Totals: 104 61 1448 1506 4.040
Other PAULA at non-business locations: 4 i S3
PAULA Totals: 65 1899
turrenr rnonM year-2o~dale
(`includes outdoorareaJ
ATTACHMENT # 6
r
^~~1,_.=.~~„~ C[TY OF I~JWA .CITY
~,,.~
Date: March 27, 2007
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Student government proposal for deferred prosecution of first offense Possession of
Alcohol under Legal Age (PAULA) charges
This memo. will summarize my thoughts concerning UI Student Government's recent proposal
that the City offer an option for deferred prosecution of first offense PAULA charges.
There is not a legal impediment to this program if there. are sufficient safeguards in
place to ensure that the opportunity for deferred prosecution is offered to all first time
offenders. "Pilot programs" in which only certain offenders are offered the
opportunity for deferred prosecution are not acceptable. I have also told Mr. Nakhasi
that the Johnson County magistrates would have to be agreeable to the proposed
resolution as we would need to document the deferral with the Court, most likely in
the form of a deferred prosecution agreement and motion to continue the case for six
months. Finally, out of an abundance of caution regarding potential ethical issues,
the City should not serve as a site for community service.
2. -While I see no legal- impediment to the proposal, I have considerable reservations
about the implementation of such a program. Consider the following:
a. Considerable emphasis is being put on the value of community service as
opposed to a fine. Please remember that upon conviction of a PAULA the
magistrate is specifically authorized by the Iowa Code to substitute community
service for the fine. Some magistrates already do this. In this situation the
defendant is convicted and does community service. Given this statutory
scheme, which .applies throughout the state, Student Government should
consider addressing its concerns about the impact of a conviction with the Iowa
legislature. For example, Iowa Code Section 123.46(5) provides for a court order
exonerating a person of a public intoxication conviction if the person has no
other criminal convictions in the two years following the conviction for public
intoxication. A simple amendment could make this applicable to PAULA
convictions.
b. At the behest of the Iowa City Council; during the 2005 Legislative Session the
Iowa Legislature increased the fine on a first offense PAULA from $100 to $200
and made it a scheduled offense. The reason for making it a scheduled offense
was to allow the magistrate to impose the fine upon a defendant's failure to
appear rather than issue a warrant for the defendant's arrest. As a result of this
change, however, deferred judgments, which allow the defendant to avoid a
conviction if he or she successfully completes probation, are no longer available
on first offense PAULAs.
March 27, 2007
Page 2
c. Under the Iowa Code if a judge orders community service in lieu of a fine, the
rate at which the community service must be calculated is the federal minimum
wage rate (Iowa Code Section 909.3A). By analogy, in the case of deferred
prosecution of a first offense PAULA, even assuming an increase in the federal
minimum wage to $7.15, the number of hours of community service required for a
fine and surcharge of $264 would be 37 hours. Over the last four years, the Iowa
City Police Department has issued an average of 1,852 PAULA charges per
year.. The majority of these are first offense City charges. While we don't know
how many persons would choose deferred prosecution, even at 37 hours .per
charge, we're talking about many hours of community service per year (e.g.
17,132 hours if 25% of those charged choose deferred prosecution in exchange
for 37 hours of community service). While the burden would have to be placed on
the defendant to adequately document his or her community service, significant
City resources would be required to communicate with defendants about
community service, make arrangements with service providers, assure the
availability of work, assure appropriate documentation of the work; prepare the
paperwork necessary for the court, etc. My office would be accountable to the
Court for assuring follow-up on these deferred prosecutions at the end of the 6
month period. While it's difficult, at this time, to estimate the number of persons
who would take advantage of the deferred prosecution option, significant
resources of the City Attorney's Office would have to be dedicated to the
program. Depending on the number of defendants choosing the deferred option,
an additional part time position could be necessary.
d. I have some concern that the effect of one PAULA conviction is over-stated by
.the proponents of the deferred prosecution program. We have contacted both the
Iowa medical and law schools and have been told that one conviction for
Possession of Alcohol under Legal Age would not be held against a student
applying for admission to either of those two programs. In those instances in
which the conviction does pose an obstacle, the legislative solution discussed
above would provide a way to exonerate the person of the conviction.
Since the Couricil's work session, Mr. Nakhasi has asked me whether I felt the City would be
able to devote the necessary financial resources in collaboration with the University and Student
Government to hire one or two full-time staff. I told him that I would pass this question on to the
City. Council
Please call me if you have any questions.
Cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Sam Hargadine, Police Chief
Matt Johnson; Police Captain
eleanor/mem/studentgovproposal. doc
Iowa City Fire Department
"Serving with Pride and Professionalism Since 1872"
DATE: October 13, 2008
TO: City Council
FROM: Andrew J. Rocca, Fire Chief t~
RE: A-2/ABDL Update
Fire Prevention Bureau personnel conducted crowd manager training sessions for 'new' crowd
control managers on September 30th through October 2nd and 'refresher' training for existing
crowd control managers on October 7th and 9th. Sixty-eight individuals received the 'new'
crowd manager training over 11 classes and 112 individuals received the 'refresher' training over
eight classes, for a total of 180 individuals trained.
A history of recent crowd capacity inspections on A-2 occupancies with a State of Iowa Alcohol
Beverage Division License is listed for your review:
August 28th-Fire Prevention Bureau personnel conducted crowd capacity inspections of 26
establishments in the Central Business District. No over-crowding was noted at the time of the
inspections. Minor violations were corrected as identified.
September 13th-Fire Prevention Bureau personnel conducted crowd capacity inspections of 18
establishments outside of the Central Business District. These inspections were characterized as
uneventful with most occupancies well below their authorized occupant load capacities.
October 4th-Fire Prevention Bureau personnel conducted crowd capacity inspections of 26
establishments in the Central Business District. No over-crowding violations were found;
however, four violations related to maintenance of exit ways (obstructions) were noted and
immediately corrected.
Fire Prevention personnel will continue to conduct unscheduled crowd capacity inspections in A-
2occupancies with ABDL through the month of December.
/aj r
cc: Michael Lombardo, City Manager
Dale Helling, Assistant City Manager
Eleanor Dilkes, City Attorney
FIRE DF,PARTMF,NT • 410 F. Washington Stec t • hn~°n Cih, /A 52240 Phone: (_3l9) 356-5260 FAX: (319) 356-5263 tiru~~r.iefd.org
Office of Uie Fire Chief Office of the Fire Marshal Battalion Chiefs Fire Training HazMat Public F,ducation
Fire Adminishzuion Fire Prei~cnlinn Burecu~ Station I Sla(lOA ! Station 2 Station 3
(319) 356-5256 (319) 356-5257 (319) 356-5262 (319) 356-5258 (319) 356-5266 (319) 356-5265
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~~®~ CITY OF IOWA. CITY
~~~~~ RA ~ D U M
NIE~C~
Date: October 15, 2008
To: City Council
From: Dale Helling, Assistant City Manager
Re:
Big 10 Cities Poll -Minors in Bars & Restuaran~s
I recently made inquiry to the other Big 10 university cities regarding if and how they regulate
the presence of minors in bars. Five cities responded and their responses are summarized
below.
STATE COLLEGE, PENNSYLVANIA
Pennsylvania state law prohibits persons under 21 from being in establishments where alcohol
is served. However, there are exceptions for minors who are accompanied by a parent or legal
guardian, or are in the care or custody of a person over 25 and are in sight or view of that
person at all times. Further, minors can be in a licensed restaurant where no one has alcohol at
their table except a parent or guardian.
EAST LANSING, MICHIGAN
The City of East Lansing issues special use permits to restaurants to allow minors in their
establishment, but only prior to 11:00 p.m.
BLOOMINGTON, INDIANA
Indiana state law prohibits persons under age 21 from being in bars. They are allowed in
restaurants that serve alcohol. There was no information provided regarding how restaurants
are defined relative to bars.
CHAMPAGNE, ILLINOIS
The City of Champagne regulations are very similar to those in Iowa City. Persons 19 years of
age or older are allowed in bars. This has been the case for many years and reflects the opinion
of many residents that minors are safer in a "supervised" environment than at unsupervised
house parties. The City conducts covert compliance checks and the police do bar checks
regularly. In addition, the City requires that for any private party where more than one keg of
beer, or an equivalent amount, is available, a "host" individual over age 21 must obtain a permit
issued by the Mayor's Office. Private parties are closely monitored. A police sergeant is
assigned nearly full time to matters of alcohol control and enforcement.
October 15, 2008
Page 2
ANN ARBOR, MICHIGAN
The City of Ann Arbor has no ordinance prohibiting persons under age 21 from being in liquor
licensed establishments. Michigan law, like Iowa Law, also does not prohibit this. Ann Arbor
police do checks to monitor controls and look for underage drinking in licensed premises.
cc. City Manager
City Attorney
mgr/assUmem/under21 issues.doc
r
~.~-~,--,.®~r CITY OF [C~WA CITY IP3
~~~~~ ~ E ~ C.~ RA N D ~ M
Date: October 15, 2008
To: City Council
From: City Manager, Michael Lombardo
Re: Director Appointment ~~
I am pleased to announce the appointment of Chris O'Brien as Director of Transportation
Services.
Chris was hired as Transit Operations Supervisor in December 1997 and promoted to Parking
Manager in July 2001. Chris has served as Acting Parking and Transit Director since July 2008.
Chris received his BA and MBA from the University of Iowa.
Please join me as I welcome Chris to his new position.
r iP4
~Iil~- ~
~ y~oa~~~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
DATE: October 13, 2008
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~~
RE: Meeting with Area Legislators
Typically the City Council meets with area legislators prior to the start of the session to
identify legislative priorities for the upcoming session. Please bring your calendar to
the work session on October 20 for a discussion regarding times and dates for a
joint meeting with legislators.
Invitations to area legislators generally have offered three possible times and dates.
Options have included 5:30 prior to the start of a work session; Saturday morning; or a
separate day early in the morning or later in the afternoon.
Once dates and times have been identified I will contact area legislators (shortly after the
election) and confirm one of the options, and report back to you.
Reference letter on 10/6/08 Consent Calendar,
Item 4e(2).
IP5
410 E. WASHINGTON
WA CITY, IA 52240-1826
PH: 319-356-5275
FAX: 319-356-5449
October 9, 2008
Mr. Arvind Thakore
Project Manager
Dolphin Lake Point
2401 Highway 6 East
Iowa City, Iowa 52240
Dear Mr. Thakore,
Thank you for the offer of an ICPD Police Sub Station within Dolphin Lake Point. This
has been discussed with the City Manager, Mayor and my Command Staff we are all
very intrigued with the offer. Tentatively, we are all in agreement that this idea needs
further discussion and exploration.
All city staff at present are working on next years budget process and as you can
imagine flood related issues. I am requesting that we postpone the sub station idea and
discussion until we are past these events.
From a Community Policing standpoint this'rdea has a lot of merit and I appreciate your
offer very much.
Sincerely,
~~
S muel E. Ha~ine
Chief of Police
IP6
~~®~
~ ~)ll~~~
~ ~®~~~
~~~
CITY OF IOWA CITY
410 East Washington Street
Date: October 14, 2008 Iowa city, Iowa 5 2240- 1 826
(319) 356-5000
To: Clty COUnCII (3 19) 356-5009 FAX
www.icgov.org
From: John Yapp, JCCOG Executive Director~~y"''--
Re: September 22, 2008 Affordable Housing Market Analysis discussion
This memo is to summarize our conversation and the conclusions from our discussion of the
Iowa City Metro Area Affordable Housing Market Analysis at the September 22, 2008 Council
work session.
1. Work to change public perception of higher-density multi-family affordable housing.
Council discussed that they have moved toward changing the perception of higher density
multi-family housing through the use of design controls; for example, the Zoning Code
contains design requirements for multi-family housing. There are also attempts to integrate
multi-family housing into neighborhoods rather than constructing larger tracts of multi-family
housing in isolated areas. Council indicated they would continue to pay attention to the
appearance and design of multi-family housing, and continue to use policies to limit the
concentration of multi-family affordable housing such as the scattered-site housing policy.
Affordable Housing Design Guidelines for City funded affordable housing projects and infill
design guidelines are also tools used by the City.
2. Revise public policies to create an environment in which affordable housing
opportunities can be created without obstacles.
Under this recommendation from the Affordable Housing Market Analysis, the consensus of
Council was to investigate areas in the city that may be appropriate to rezone to multi-family
zoning in order to identify appropriate areas for higher density zoning. Council indicated they
may wish to initiate rezonings of certain parcels to multi-family zoning where it is appropriate
given the Comprehensive Plan, adopted District Plans, availability of infrastructure,
topography, and other factors. Urban Planning Division staff will prepare information
showing what areas are indicated as future multi-family areas in the Comprehensive Plan
and Neighborhood District Plans, and whether these areas are appropriate for the City to
initiate rezoning actions given the availability of infrastructure to support residential
development.
3. Consider a mandatory inclusionary housing ordinance to meet the significant unmet
need for affordable housing.
Inclusionary housing is a term for an ordinance which encourages or requires that a housing
development "include" a percentage of "affordable" dwellings. A majority of Council indicated
that they would like to learn more about inclusionary housing options, including incentive-
based inclusionary housing and requirement-based inclusionary zoning. A majority of
Council indicated that while they are not prepared to implement an inclusionary housing
ordinance at this time, they would like to learn more about the options. Urban Planning
October 14, 2008
Page 2
Division and Community Development staff will prepare more information for Council on the
options and pros and cons of an inclusionary housing ordinance. This will be copied to the
Planning and Zoning Commission as well and Housing and Community Development
Commission.
4. Identify potential redevelopment areas in Iowa City that may be appropriate for new
affordable housing and neighborhood revitalization.
A majority of Council indicated that there would need to be scrutiny in identifying
neighborhoods in the city that may be appropriate for redevelopment with new affordable
housing and neighborhood revitalization strategies. For example, the City has taken
measures to preserve many neighborhoods around Downtown Iowa City through the use of
down-zoning actions and Historic District zones. There is also a policy that the City should
not encourage affordable housing in neighborhoods that already have a high percentage of
affordable housing units. There are neighborhoods, however, that may be appropriate for
neighborhood redevelopment such as areas south of downtown. Urban Planning Division
staff will prepare maps for Council identifying areas which have been identified through the
Comprehensive Planning process as having redevelopment potential.
5. Prioritize the preservation of existing affordable housing units.
There are a potential 597 units of privately owned affordable housing units whose HUD
Section 8 contracts expire by 2011. These units are in developments partially financed with
public funds, and in return, the developer agrees to keep the units rented to qualifying
households if HUD provides Section 8 rental subsidies. After the contract expires, the units
may return to market-rate housing.
Council indicated they would like staff to contact the owners of these properties and
determine if they wish to renew their Section 8 contracts. Council also indicated they would
like to know what options there are from staff to provide an incentive for these property
owners to maintain their HUD Section 8 contracts. Community Development Division staff
will contact the property owners and provide a summary to Council of what incentives might
be available to property owners to preserve their Section 8 status.
6. Treat affordable housing developers as a special class of developer.
There are two main options to treat affordable housing developers as a special class of
developer:
1. To streamline the permitting process for projects involving affordable housing.
2. Participate in the cost of financing infrastructure improvements such as roads and
utilities for projects involving affordable housing.
The consensus was to focus on options for participating in and financing infrastructure
improvements for projects involving affordable housing. This would be a form of
public/private partnership where the public would fund part of the infrastructure cost, which
will allow a property to develop, while the private property owner would commit to providing
affordable housing units. Planning Department staff will prepare information and examples
of how this type of partnership has worked, along with options for how it might work in the
future.
October 14, 2008
Page 3
7. Seek State Housing Enterprise Zone designation.
We did not have information on State Housing Enterprise Zones at the meeting. Enterprise
Zones are designed to stimulate development by targeting economically distressed areas in
Iowa. Through state and local tax incentives, businesses and developers are encouraged to
make new investments, create jobs, and construct or rehabilitate housing.
A City may begin the process of designating an Enterprise Zone by declaring an area
(defined by census tracts or another logical geographic area) as being a "blighted area." A
blighted area is an area where the municipality determines there is a substantial number of
slum, deteriorated, or deteriorating structures; an inadequate street layout, unsanitary
conditions, diversity of ownership or title, and/or other factors which constitute a social or
economic liability. A disaster area may be a blighted area.
If Council is interested in what areas may be logical Enterprise Zones, we recommend the
Community Development Commission be asked to discuss and make a recommendation on
what areas might be considered as blighted areas. Housing and Enterprise Zones are
designed to stimulate development in areas which are not attracting investment without
incentives.
8. Dedicate specific sources of revenue to finance affordable housing development over
the long term.
The main state revenue source for affordable housing is the State Housing Trust Fund,
which until this year did not have a dedicated funding source. Legislation passed this year
will provide for annual funding of $3 million which will gradually grow to a maximum of $6
million. The consensus was that Council would continue to advocate through the
Metropolitan Coalition that the State Housing Trust Fund be fully funded.
There is also the opportunity for local funds to be designated to help capitalize the Housing
Trust Fund of Johnson County. There was consensus that Council would continue to
provide some level of funding to the Housing Trust Fund of Johnson County.
9. Create an environment for collaboration and cooperation.
Council stated they would like to continue to partner with the neighboring municipalities
through the JCCOG Affordable Housing Taskforce and to investigate collaboration with the
University of Iowa. For example, the HUD Office of University Partnerships would be one
entity to collaborate with. Community Development Division staff will contact the HUD Office
of University Partnerships and report on what level of collaboration may be possible.
Summary of action steps
1. Urban Planning Division staff will prepare information showing what areas are indicated as
future multi-family areas in the Comprehensive Plan and whether these areas are
appropriate for the City to initiate rezoning actions given the availability to support
infrastructure.
2. Urban Planning Division staff will prepare maps showing existing developed areas which
have been identified as having redevelopment potential.
3. Planning Department staff will provide general information on inclusionary housing
ordinances and options.
October 14, 2008
Page 4
4. Community Development Division staff will contact property owners with expiring Section 8
contracts to see if they intend to renew their contracts. Staff will also report to Council what
type of incentive might be available to encourage property owners to renew the contracts.
5. Planning Department staff will prepare information on how public/private partnerships have
been structured, and what options are available to continue to participate in public/private
partnerships.
6. Community Development Division staff will contact the HUD Office of University
Partnerships and report on what types of collaboration/partnerships might be possible.
We will be able to provide you with this information by the end of the year, at which point it
would be appropriate to schedule another discussion for direction.
cc: Jeff Davidson, Planning and Community Development Director
Steve Long Community Development Coordinator
Bob Miklo, Senior Planner
jccogadm/mem/affhousing9-08.doc
^'~_,---r,®~ CITY OF IOWA CITY 1P7
~ _~~~~~~
E~o~A
Date: October 14, 2008
To: Iowa City City Council
From: Jen Jordan, Recycling Coordinator
Re: Single Stream and Multi-Family Housing Recycling Update
Overview
Since its inception in 1996, the Iowa City curbside recycling program has been an effective means to
both reduce waste going to the Iowa City Landfill and Recycling Center and educate citizens about the
value of recycling as one of the easiest ways to reduce the City's environmental footprint.
Approximately 60% of Iowa City residents currently have access to the curbside recycling program;
the remaining 40% live in multi-family housing with five or more units. For those who have access to
the program, participation rates have held steady around 65% for about the last five years. The volume
of materials picked up in the curbside program has had steady over the past few years at around 1,800
tons annually.
The City's five drop-off recycling sites
continue to see an increase in use.
Though the target audience for the
drop-off sites is citizens who live in
multi-family housing without curbside
recycling, the sites offer a convenient
recycling option for all citizens in the
county. While this increase is positive,
the cost of servicing the bins continues
to increase. The graph shows
combined curbside and drop-off site
recycling tonnages for the past four
years.
The markets for major recycling commodities such as plastic, newspaper and cardboard have been
very strong for the past two to three years. Because the City gets a portion of the profit from some of
the commodities we collect curbside, the revenue we receive through our contract with City Carton
Recycling has increased steadily over the past few years. The City currently gets paid for newspaper,
magazines and cardboard. While is not likely to remain as strong as it is now, it is likely that the City
will continue to see some revenue from the sale of commodities; the Refuse Division budgets
approximately $7,500 annually.
Increasing recycling participation
The main goal is to reduce the volume of waste going into the landfill by increasing the amount of
material recycled. To accomplish this goal, we will need to make the system more convenient by
changing to a single stream system and expanding curbside recycling access to more residents.
Landfill staff has worked with two groups of University of Iowa students in the last year to determine
how to facilitate this goal and to gather citizen input. The products of these student groups, listed
below, have been helpful in determining the steps towards these goals.
Municipal Solid Waste: Reduction Strategies for Iowa City. December 2007.
Urban and Regional Planning Masters candidates, Brandy Howe and Darian Nagle-Gamm.
Survey Research Report for Iowa City landfill and Recycling Center. May 2008.
Political Science students Sarah Smith, Brian Fisher, Jason Phelps and Matt Adams.
Directed and supervised by Professor David Redlawsk.
Increasing participation and volume will take two steps:
1. Make the system more convenient by changing to a single stream curbside recyclin~ system.
Single stream recycling is the trend across the United States. By allowing citizens to place all
recycling except glass into one bin, unsorted, the need for material sorting by citizens is removed.
According to the 2007 survey, just over 50% of Johnson County residents with access to curbside
dislike sorting but still recycle. This likely affects how well and how much residents actually recycle
and how much recyclable material still ends up at the landfill.
The current multi-sort curbside recycling system is often confusing and frustrating, especially for new
residents. Other communities have seen user rates increase by 25% to 50% after changing to a single
stream curbside recycling system. This range would put Iowa City participation rates between 75%
and 90% for those currently with access to curbside recycling.
With a new system, the City would have to put out a Request for Proposals for a recycler to accept
single stream materials from our curbside recycling program. Staff is gathering information and data
to be able to compare costs and revenue to the current program and has met with City Carton
Recycling to determine how a single stream recycling contract would look compared to the City's
current recycling contract. Based on initial numbers, it appears that a single stream system would
produce less revenue than the current system but would have multiple other benefits, including:
a. Extending the life of the Iowa City Landfill.
b. Equipment savings: Transitioning out the more expensive compartmentalized recycling trucks
for automated packer trucks. This will mean transitioning in the use of tipper carts for
recycling.
c. Fuel savings. Less time will be spent idling at the curb because one bin can be dumped into
one compartment instead of four or five different streams being placed into separate
compartments, as is now the case. Also, packer trucks hold more material than
compartmentalized trucks so there will be fewer trips to the recycling center to empty the truck.
d. Labor savings. Less time at the curb means quick route completion and more time for other
activities. Also, the automated lift trucks will likely reduce worker injury since recycling staff
will not have to lift the bins.
Potential issues:
a. Cost of transportation. City trucks would likely continue to transport the materials to a location
in Iowa City for transport to a sorting facility. Because no sorting facilities exist in Iowa City,
the materials would have to be transported to such a facility and the cost would be passed onto
the City.
b. Cost of processing. A per-ton processing fee will be charged by the recycler who receives the
contract to sort the materials. This will likely be absorbed by the incoming revenue from the
sale of the materials but it will not provide as much income for the City as the current system
does.
Staff is in the process of analyzing the cost of a change to single stream curbside recycling system.
When the analysis is complete, we will present recommendations to Council.
2. Expand curbside recycling access to more residents
Several barriers exist to the expansion of curbside recycling to more multi-family residences.
However, the move to a single stream curbside recycling program would alleviate one of the major
barriers. Most apartment complexes do not offer recycling because they do not have the internal space
for multiple recycling bins or the external space for multiple dumpsters. A single stream system would
require only one bin for all materials and would reduce the need for space for multiple bins.
Other issues associated with multi-family housing recycling_
a. Space and logistics at apartment complexes. Even though only one bin or dumpster would be
necessary, many complexes would struggle with giving up even one required parking spot to
place an additional dumpster.
b. Private recycling collection. Because of the costs associated with new programs, many
apartment owners and managers may not be willing to offer recycling in apartments if it was
not mandated. Mandating recycling would not guarantee that residents would use the program.
c. Public collection system. This would require additional labor and potentially additional
equipment; however, time savings at the curb gleaned through the single stream system may
provide enough labor to adequately deal with an expanded program.
The expansion to more or all multi-family housing will likely take longer to implement because of the
multiple issues and sheer logistics. Once a single stream system is in place, staff can begin working on
a plan for multi-family housing recycling.
Summary
Single stream recycling may be the best option to increase recycling rates and participation in Iowa
City and will also make an expansion of the curbside program to more residents living in multi-family
housing more feasible. Staff plans to have a set of recommendations regarding single stream recycling
to Council by early November. At that time we will need direction as to whether to continue with the
current citizen-sorted curbside system or to move to a single stream curbside system. In the meantime,
please let me know if you have any questions. I can be reached at Jennifer-jordan(a~iowa-city.org or
319-887-6160.
_~ r ~
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,~~,.~
CITY OF IOWA CITY Mpg
MEMORANDUM
Date: October 14, 2008
To: Iowa City City Council
From: Jen Jordan, Recycling Coordinator
Re: Environmental initiatives update
As the City of Iowa City works towards reducing its environmental footprint, one of the first
steps is completing an inventory of the projects and initiatives already under way. Staff has
compiled a list of current initiatives and projects as well as a list of potential projects to move
towards a more sustainable future.
This list, below, will be the starting point for an intern we will be hiring to perform a greenhouse
gas inventory. The inventory is the starting point for the City's participation in ICLEI and the
"Cities for Climate Protection" campaign. It will also help us work towards striving to meet/beat
Kyoto targets as we agreed to in the US Mayors Climate Protection Agreement that Iowa City
signed in November 2007.
Next steps:
1. Hire an intern to assist with our obligations
2. Perform greenhouse gas emissions inventory
3. Develop Local Action Plan to reduce greenhouse gas emissions
Please let me know if you have any questions; I can be reached at jenniferjordan(a~iowa-citv.or~
or 319-887-6160.
Current Initiatives and Projects
Recycling
• Continue to expand drop-off recycling program to reach more citizens
• Continue to expand use of event recycling containers at local events
• Diverted about 40 tons of material through Rummage in the Ramp (2007-2008)
• Coordinate Furniture Project services for waste diversion and social benefits
• Coordinate Salvage Barn/Friends of Historic Preservation program development
Landfill Operations
• Utilize "Spray-On" covering systems to extend landfill space
Utilize local groups and agencies for litter control
• Utilize "compost reject material" in erosion control berms
• Utilize "shredded waste tires" in landfill underdrain system
• Utilize "over-burden soil stockpile" for landfill compaction
Wastewater Operations
• Utilize digester "biogas" for process and building heat
• Utilize treated effluent for soccer park irrigation
• Utilize treated effluent for process clean-up and pump seals
• Maintain 75 acres of restored prairie and wetland habitat
• Maintain habitat enhancements for local reptiles, amphibians, birds, and fish
• Implement natural areas management program with City/Public Works Naturalist
o Developing natural areas management plan
o Evaluate stream bank stabilization and restoration procedures
o Conduct Urban Stormwater "Best Management Practices" evaluation
o Conduct species inventory in enhanced, restored habitats
• Conduct Public Education and Outreach programs
o Wastewater Treatment systems tours for UI, Kirkwood, ICCSD, civic clubs
o Restored natural treatment system and habitat tours
o Coordinate volunteer group activities in natural area enhancements
East Side Recycling Center
• Develop construction plans for LEED site and buildings with Shive-Hattery
Targeting award as first "Platinum" building in Iowa
Household Hazardous Waste
• Continue to offer year-round HHW disposal at landfill and through mobile events
• Offset $2,000 in disposal costs through Swap Shop
Compost
• Transitioned to paper yard waste bags (summer 2008)
• Composted 30 tons of food waste in University of Iowa Pilot Program
• Received $20,000 grant from DNR Solid Waste Alternative Program for compost
screener
• Working to amend landfill permit for large volume solid waste composting
Methane
• Discuss Landfill Gas use with four local entities for alternative power project
• Developing Landfill Gas project RFP
Community Outreach/Education
• Annual Earth Day Activities at East Side Recycling Center - 2007, 2008
• LF/recycling/HHW/compost booths at Johnson County Fair, MidAmerican Safety Fair,
KXIC Home show, Iowa City Farmer's Market, University events, etc.
• Presentations and tours to 7 University and civic groups
Future greening ideas and possibilities...
• Issue new RFP for curbside and drop site recycling program to increase revenue and
participation.
• Evaluate plastic grocery bags: ban or deposit system
• Ban electronic waste disposal in landfill by ordinance change
• More waste reduction/recycling outreach to businesses
• Evaluation of change to curbside co-mingled recycling with City Refuse Division,
possibly allowing change of "blue bins" to 65-gallon tipper carts to utilize automated
collection equipment and expanding curbside recycling to more multi-family units
• Consider reducing current pay-as-you-throw system to 1 can/bag instead of 2
• Build materials recovery facility to recover reusables, recyclables, and compostables
from trash
• Consider recyclables ban at landfill (targeting businesses)
• Ban Styrofoam use in City buildings
• Consider bottled water ban
• City building waste contracts to locally-owned hauler
• City-sponsored greenhouse at landfill (utilizing waste heat from LFG-to-electricity
generation)
• Work with local groups to have/expand City vegetable gardens
• Host annual "green fair" for City employees and citizens (work with local groups)
• Revise parking code to reduce required number of parking spots for businesses
• Organize incentives for City staff to bus, bike, walk and/or carpool to work
• Commit to purchasing local food for all City events
• Purchase carbon-offsets for any flights taken on City business
• Expand availability of bicycle lanes
• Look into hybrids for City vehicle fleet (equipment)
• More bike usage by police
• Consider "no idle" policy for City fleet (is this possible with diesels?)
• LEED at new Public Works building
• City shuttle to Public Works building for staff
• Expand residential yard waste collection to include kitchen waste
IP9
41 ~ ~ ~._
.~ ,~
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'.~ 9
Iowa Valley ~ } ,
• Habitat
for Humanity
2401 SCOTT BLVD.
IOWA CITY, IA.
52240
PH 319.337.8949
"the excitement is building"
October 10, 2008 ~--
Dear Iow~City-Counci er:
Fax 31 9.354.3527
WWW.IOWAVALLEYHAB ITAT.ORG
Iowa Valley Habitat for Humanity spent the summer helping muck out basements, sanitize studs
and clean up the yards of more than 50 flooded homes this past summer. We are still helping
these homeowners with $60,000 in grants we are privileged to administer to help them get back
on their feet by getting their home winterized.
Now the autumn is here and we are once again building new homes for families in need. We are
issuing you two invitations:
Come work with us to help build the University of Iowa Build at 2429 Whispering Prairie, Iowa
City on Saturday October 18th from 8 a.m.-5 p.m. Even if you only have an hour to spare,
swinging a hammer can help get your frustrations out while you help someone in need! And we
would love to take your photo in action: even if you don't know which end of a saw to use, come
get dirty with us for awhile.
And please consider joining us for the dedication of the EcoMenical Build (12 churches
sponsoring) at 2426 Aster Avenue, Iowa City on Wednesday, October 29t" at 5:30 p.m. The
dedication will have the new homeowner, Marion Good (long-time employee at the Cottage
Restaurant), introduce her family and share with us what it means to become a new, taxpaying
homeowner.
We hope you can come see love in action. While the national housing market is in turmoil, our
need to build safe, decent and affordable homes locally continues. And in the next month we are
hoping to be able to announce special efforts for 2009 to help those who lost their homes in the
flood.
Thank you for considering this invitation. We can promise if you stop in you won't be bored and
you might even be fulfilled and your spirits lifted: and who doesn't need that once in awhile?
Peace, /~
,~ /~/ ,r-
Mark Pa~on
Executive Director
IP10
Approved
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
SEPTEMBER 9, 2008
CITY HALL, LOBBY CONFERENCE ROOM, 9:00 A.M.
Members Present: Regenia Bailey, Connie Champion, Matt Hayek
Staff Present: Wendy Ford, Jeff Davidson
Others Present: Miles Shultz, ED Intern, Thom Geshay and Ron Kim (Davidson Hotel
Representatives)
RECOMMENDATIONS
Champion moved to accept the staff s recommendations for the Sheraton Hotel requests
as discussed, seconded by Hayek. Motion carried 3-0.
CALL MEETING TO ORDER:
Chairperson Regenia Bailey called the meeting to order at 9.08 A.M
CONSIDER APPROVAL OF THE MINUTES OF THE AUGUST 5, 2008 ECONOMIC
DEVELOPMENT COMMITTEE MEETING:
Hayek moved to approve the minutes of the August 5, 2008 meeting as presented; seconded by
Bailey. Champion abstained as she was not present at this meeting. Motion carried 2-0, with
Champion abstaining from the vote.
STAFF TIME:
Ford introduced the Intern for the Economic Development Division, Miles Shultz. She added that
he has been instrumental in helping move the plans for the Towncrest Urban Renewal Plan
along. They have chosen the place to have their community meetings, and plan to invite
residents and business owners in the Towncrest area to this meeting on October 1 S`. Ford added
that Bob Miklo and/or Karen Howard will be working in partnership with Economic Development in
presenting a program asking for input in this area and what the residents and businesses would
like to see in their area as far as change.
Davidson reminded the Committee that some time ago they had directed staff to take a slightly
more aggressive position with the southeast industrial area, and they are doing just this. He
added that nothing specific has occurred yet, but they are in negotiations at present. He hopes to
have more specific details soon for the Committee. Ford added that ICAD has hosted three or
four wind energy companies' visits and that those companies would be a good fit for the
southeast industrial area.
CONSIDER SHERATON. HOTEL REQUEST:
Ford noted that Members have a memo in their packet recapping what happened at the May
meeting when the Sheraton Hotel request was first reviewed. At that time the Hotel requested 80
parking spaces at market rate. They also asked that the City vacate the public easement that
goes through the interior of the hotel, and to provide some funding for the enhancements to the
Dubuque Street walkway on the exterior easement there. Ford added that the parking spaces
were approved at that time, and that the Committee stated it would entertain other options for
things that would make mutually beneficial remodeling to the hotel possible. Ford stated that the
Sheraton Hotel representatives have been working diligently on alternatives, especially since the
Committee stated it wanted to maintain the public easement through the hotel. The new request
asks for the ability to control the vestibule -the walk through portion of the interior of the hotel -
Economic Development Committee Meeting
September 9, 2008
for public safety reasons. This will alleviate the congregation of people in this area, especially
late night and especially during the weekend and guests feeling unsafe in these large
congregations of people. The Hotel believes these congregations of people should not encumber
their customers. The Hotel is asking to be able to control this vestibule, and to lock this area
between 10:00 P.M. and 6:00 A.M. In exchange for this request, the Hotel would like to have the
share in the costs of enhancing the exterior easement and have it become the nighttime access
from 10:00 or 11:00 P.M. to 6:00 A.M., instead of the interior passageway. The Hotel also is
asking fora 50/50 cost sharing of the enhancements to the exterior walkway.
Ron Kim, from the Sheraton, spoke to the Committee, stating that the issues are described in the
memo. He added that they would like to create a safer environment in the vestibule area. Ford
added that third element of the Hotel's request is that they would also like to shrink the existing
interior easement to a width that is consistent with its narrowest point. This would enable the
Hotel to make the desired changes to their lobby. Ford noted that staff looked at these requests
from many angles, and because of the public safety aspects, they are recommending the
vestibule area be locked from 11:00 P.M. to 6:00 A.M. This lock-off would be contingent upon the
enhancements proposed to the exterior walkway. Members then discussed their feelings about
having this area locked during the nighttime.
Davidson then asked the Hotel representatives about their time frame for these projects. Ron
Kim explained how their timeline will work, and how Davidson Hotels manages these types of
projects. He added that the exterior project, which will be in conjunction with the City's design
requirements, will take more time to conceptualize. He said they would prefer to move ahead
with the interior work first, rather than wait for the joint project on the exterior to come together.
Champion stated that she believes they have a good plan, but she questioned how the Hotel
plans to discourage groups of people in this area when it is open during the daytime. Thom
Geshay noted, among other things, they plan on moving the ATM from this area.
Hayek asked about the request of reducing the public access easement from 25 feet to 12,
adding that on the plans presented it doesn't appear that they are accomplishing that. The hotel
representatives further explained how they came up with their current proposal, and what they
hope to achieve with these projects.
Discussion ensued, with staff further explaining the City's design aspirations for the exterior area.
Hayek asked for further clarification of the plans being presented, noting that he was at first
concerned by the size reduction in the interior walkway. Davidson explained that the City uses a
minimum of 12 feet when it is designing downtown walkways. Sidewalks and walkways are
typically 16 feet, but in places, can be reduced to 12 feet. Bailey asked if the others are
comfortable with this, and Champion stated that she has no problem with it. The discussion
turned to the need for glass walls in this walkway which will help alleviate a "tunnel" feel of this
area. They plan to have a more open area in their lobby, and Geshay further explained what they
envision.
Hayek noted that he still has concerns about the 12 foot width. He said would rather see 14 to 16
feet, noting concerns about the sense of flow through this area, but that he would defer to staff's
recommendation. Bailey asked for a comparable area in the downtown, and Davidson noted the
block of Washington Street where the Englert is, and the various sidewalk cafes and trees, as
having a 12-foot pedestrian walkway. Bailey asked if the Committee Members were okay with
this request, and both Hayek and Champion stated they were. Next, the cost sharing of the
exterior enhancements was discussed. Champion asked if they could use TIF for something like
this. Davidson asked that the Committee let staff take a look at their options. The Committee
also agreed to the 11:00 P.M. lockup time for the walkway. The Members felt the 11:00 was
better than the 10:00, due to patrons being at various events downtown until around 10:00 or
10:30 P.M. Davidson asked that Members look at the current recommendation by staff and let
him know if they want to add anything to this. Otherwise, this proposal will go to the full Council
Economic Development Committee Meeting
September 9, 2008
for their review. Champion moved to accept the staff's recommendations as discussed,
seconded by Hayek. Motion carried 3-0.
Ron Kim stated that they are very pleased to have some local involvement in this project. He
added that access is very important here, and he noted that they have vandalism at their location,
time to time, but they especially have parking issues. He stated that he believes these changes
will be very positive. Ford stated that she will plan to have this recommendation ready for
Council's review at their September 22"d meeting. Davidson suggested the hotel reps have a
brief presentation for this work session with City Council.
Champion asked how they plan to get public input on this issue. Davidson stated that he will
check with the City Attorney's office, but it may be that they need a hearing on the formal
amendment of this easement agreement. Bailey noted that the downtown merchants will be the
primary concern in getting the word out.
COMMITTEE TIME:
None.
ADJOURNMENT:
Hayek moved to adjourn the meeting at 9:45 A.M., seconded by Champion.
Economic Development Committee Meeting
September 9, 2008
Council Economic Development Committee
ATTENDANCE RECORD
2008
TERM ~ w w ~ can rn w co
NAME EXP. cn ca rn ~ N o o "' `~
Regenia 01102110 X X x X X X X X X
Bailey
Matt 01102110 X X X X X X X X X
Hayek
Connie 01102110 X X x x X X X OIE X
Champion
Key:
X =Present
O =Absent
O/E = Absent/Excused
10-16-08
IP11
MINUTES PRELIMINARY
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
OCTOBER 7, 2008 - 6:30 PM
PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM
2"~ FLOOR, CITY HALL
Members Present: Steve Crane, Marcy DeFrance, Andy Douglas, Charlie Drum, Holly Jane
Hart, Michael McKay, Rebecca McMurray, Brian Richman, Michael Shaw
Members Excused: Andy Douglas
Staff Present: Tracy Hightshoe, Steve Long
Others Present: Maryann Dennis, Charlie Eastham
RECOMMENDATIONS TO COUNCIL (become effective only after separate Council action):
The Commission voted 7-0 (Douglas and Shaw not present) to recommend the request by The
Housing Fellowship to amend the financial terms of their FY08 & FY09 City HOME fund
allocation of $545,722. HCDC recommended the terms as requested: a 20-year deferred loan
at 0% interest with a balloon payment at year 20. The Housing Fellowship will develop 22
units of affordable rental housing and will apply for Low Income Housing Tax Credits to
secure a major portion of financing for this project.
CALL TO ORDER:
The meeting was called to order by Chairperson Brian Richman at 6:36 p.m.
APPROVAL OF THE AUGUST 18, 2008 MINUTES:
After some discussion, Hart motioned to approve the minutes with a correction to a misspelled
name; Drum seconded. The motion carried 7-0 (McMurray and Douglas not present).
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:
None.
STAFF/COMMISSION COMMENT:
Long stated that as of October 7th, applications are available for Jumpstart, astate-funded flood relief
program. A Flood Resource Center has been opened in the Lobby Conference Room of City Hall,
and is operational from 8 a.m. to 6 p.m. Monday through Friday, and Saturday from 10 a.m. to 2 p.m.
Long said that a steady stream of people came to the Flood Resource Center all day on its first day of
operation. He said that unfortunately there is not enough money available right now to fill all the
gaps and needs that exist for flood victims. Long said the current allocation of funds is the first wave
of money, and that the City expects that there will be another two or three waves of funding.
-~,®~z CITY OF IOWA CITY
~ ~~~~~~~
~~~~-~ ~E~~RAND[~~
DATE: 10/16/2008
TO: CITY COUNCIL
FROM: MICHAEL A. LOMBARDO, CITY MANAGER ~
RE: OCTOBER 6 WORK SESSION AND HAZARD MITIGATION GRANT PROGRAM UPDATE
This confirms Councils' discussion at the work session on October 6, 2008 and provides an update to
Council on the status of the Hazard Mitigation Grant Program (HMGP).
October 6, 2008 Work Session Discussion
At the work session, Council considered ten (10) questions on the HMGP and the Jumpstart Iowa
Housing Assistance and Small Business Programs. The questions and Council's decisions are as
follows:
1. Do you concur that the HMGP grant application should be limited to those properties that meet
the benefit/cost threshold or receive the BCA Waiver?
Answer: Yes.
2. The HMGP is strictly voluntary. Do you concur that such properties be included on the buyout
grant application that meets the benefit/cost requirement or waiver criteria, even if the property
owner states they are not interested in buyout funds?
Answer: Yes.
3. Do you concur that properties included in the HMGP application should not be granted
Jumpstart housing rehabilitation funds even if they do not want to participate in the buyout
program?
Answer: Yes.
4. Do you agree that HMGP eligible properties that do not receive funding from the State and non-
HMGP eligible properties that fill in a gap between HMGP eligible properties should be funded
through supplemental CDBG buyout funds?
Answer: Yes.
Do you concur with the percentage splits that are proposed among the three Jumpstart
programs (80% for rehabilitation, 10% for interim mortgage assistance, 10% for down payment
assistance?)
Answer: Yes.
6. Shall flood insurance be required for properties receiving Jumpstart or CDBG funding?
Answer: Yes, if the property is in the 100 year or 500 year flood plain.
7. Shall CDBG eligibility guidelines be followed for the Jumpstart program?
Answer: Yes, the City's weighting system should be used.
8. Do you concur with staffs recommendation for guidelines for the Jumpstart Small Business
Assistance Program?
Answer: Yes. In addition, the business must carry flood insurance for one (1) year.
9. Does Council, for purposes of the Jumpstart Small Business Assistance Program, want to
define "small business" as a business with 50 FTEs (full time equivalents) or fewer?
Answer: Yes.
10. Does Council want to limit the use of Jumpstart repair/rehabilitation assistance to winterization,
which includes all basic systems needed for weatherproofing the exterior shell of the home
(siding/exterior sheathing, windows, doors, framing of exterior walls, and insulation) and all
electrical service as necessary for furnace function and heating.
Answer: The Jumpstart Iowa and supplemental CDBG repair/rehabilitation assistance should
be limited to winterization, essential electrical services, and elevating the furnace and hot water
heater out of the flood plain.
Iowa Jumpstart Housing Assistance Program
Iowa received $686,196.58 in Jumpstart Housing Assistance Program, which can only be used for
home repair/rehabilitation, interim mortgage assistance, and down payment assistance for flood
victims. As Council decided, the targets for distribution of the funds are 80% for home
repair/rehabilitation and 10% each for interim mortgage assistance, and down payment assistance. The
State required a short application and award period. As a result, applications were accepted from
October 7 to 14. The City received 126 applications, and staff will make award decisions on October
20. Staff anticipates distribution of the funds next week.
2
Community Development Block Grant
The City was awarded a grant of $ 1,200,844.00 in supplemental CDBG funds for housing assistance.
The State has decided that the funds must be used for the same three categories as Jumpstart Iowa,
home repair/rehabilitation, interim mortgage assistance, and down payment assistance. The City will
continue to accept applications until the funds run out. All applications filed before October 14 were
considered for both Jumpstart and CDBG assistance so that home owners did not have to submit two
applications. The City does not have the CDBG funds yet in hand but anticipates being able to
distribute the funds on November 1.
Hazard Mitigation Grant Program
Process. The State of Iowa Homeland Security and Emergency Management Division has invited the
City to apply for HMGP, and the application is due January 31, 2009. Staff met this week with the State
project officer assigned to Iowa City who will help us complete the application. He said that FEMA
likely will make a decision within two to three months after the application is submitted, which is
consistent with what we have been told previously. He also said that it is highly likely that all
communities in Iowa will receive the money necessary to buy out all the homes on their applications.
Identification of Properties. Attached to this memo is a map of all properties that will be included on the
HMGP buyout. As we have discussed, one of the requirements for the HMGP program is that the
project must be cost effective. FEMA defines cost effective as having a benefit cost ratio of over 1.0. If
the HMGP project is for property acquisition (as opposed to another mitigation measure such as
elevating a home), the benefit cost analysis can be waived if the structure is in the 100 year flood plain
and if the structure had substantial damage. Only one of the properties on the buyout list had a benefit
cost ratio of over 1.0 (930 Park Road); all the others are eligible for the buyout due to the BCA waiver.
The map will be posted on the City's web site.
Showers Addition. Staff has still not determined whether the property in Showers Addition will be
eligible for HMGP funding.
Purchase Price. If the person owned the property at the time of the flood, HMGP requires that the City
offer the owner the pre-flood market value of the property. The methodology used to determine the
purchase price must result in a reasonable and consistent determination of market value.
With respect to the homes in Parkview Terrace, staff will review the sales of homes in the subdivision
prior to the flood and compare the sales prices to the assessed values in order to arrive at an
adjustment to assessed value. The City's initial offer will be based on this figure. If the owner has a an
appraisal of the home done no more than two (2) years before the flood, the City will review that
appraisal and in addition may obtain an appraisal of its own. The owner may also present to the City
an appraisal done after the flood as long as the date of value is prior to the flood. Such appraisal
information will be considered in arriving at the City's final offer. Staff has discussed this process with
our state project officer, and he found it to be a reasonable approach to value the homes.
Because sales data is not available for the homes on Taft Speedway, we anticipate having appraisals
done.
The HMGP regulations also require an administrative appeal process to dispute the City's
determination of the market value of the home, and I will inform you of that process when it is finalized.
3
Copy to:
Eleanor M. Dilkes, City Attorney
Dale E. Helling, Asst. City Manager
Marian K. Karr, City Clerk
Jeff Davidson, Director of Planning and Coummunity Development
Rick Fosse, Director of Public Works
Steve Long, Community Development Coordinator
Ron Knoche, City Engineer
Crystal Smith, Civil Engineer
Tracy Hightshoe, Planner
Doug Boothroy, Director Housing and Inspection Services
Sue Dulek, Asst. City Attorney
Flood Affected Residents
4
3
From the Office
of the City Manager
Michael Lombardo
319-356-5010
michael-lambardo<«>iowa-city.org
October 14, 2008
• New from the Convention & Visitors Bureau -Josh Schamberger notified me yesterday of
an alarming amendment to Omnibus Bill SF2400 that was adopted earlier this year. The
amendment makes all Iowa private/public non-profit schools and local governments exempt
from hotel/motel tax effective July 1, 2008. Our initial estimates indicate a loss in revenue of
approximately $90,000 for Iowa City and more than $130,000 for Coralville for CY2009.
Josh has been in contact with several CVB directors and our local representatives, none of
whom were aware of this amendment -all are at a loss as to how this became law without
broader discussions regarding the impact to local governments and the CVB's. I will keep you
apprised of this situation as it unfolds.
Animal Shelter - As you know, the Animal Shelter sustained considerable damage as a result
of this year's flooding. Temporary operations have been established a few miles south of town
and by all accounts the space meets our basic immediate needs, but will not serve as a viable
long-term solution. Rebuilding at the current location is ill-advised as the cost for reconstruction
and additional flood protective measures will not be cost-effective. We are in the process of
identifying possible site locations and preliminary cost estimates for a new facility, and will be
meeting again soon to discuss funding solutions including a capital fundraising campaign.
• Jumpstart Iowa Program -The signup period for Jumpstart funding ended on Tuesday,
October 14, and staff are in the process now of determining eligibility. We anticipate the
process of distributing funds to begin early next week.
• Capital. Infrastructure Projects - We had a productive meeting with members of the
FEMA/RIO Long-Term Recovery group where we discussed various flood-related projects such
as consolidating the wastewater treatment plants and elevating Dubuque Street and Park Road
Bridge. We will begin conducting regular weekly meetings with this group to identify high-
priority projects that will move forward for funding consideration.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
OCTOBER 7, 2008
PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM
Page 2 of 13
It was decided to move forward with The Housing Fellowship's Request and return to
Commission/StaffGomment afterward so that Michael Shaw, who had to leave at 7 p.m., could be
present for the discussions.
NEW BUSINESS:
• Review The Housing Fellowship's Repuest to Amend the Financial Terms for their FY08
&FY09 Affordable Rental Housing Proiect
Richman said that The Housing Fellowship was allocated $545,772 in HOME funds in fiscal years
2008 and 2009. The Housing Fellowship is now requesting an amendment to the terms of the loan.
Richman invited Maryann Dennis and/or Charlie Eastham to present the request in more detail.
Dennis said that the original term for the loan(s) required that the loan be amortized and repaid
during the first 30 years of the project at 0% interest. Dennis said that as the projects are put
together, the numbers are constantly changing. The Housing Fellowship is continuously trying to fit
the numbers together in different ways in order to make the project work properly in terms of cash
flow and meeting all of the underwriting criteria required by the different financing sources. [f the
City is repaid during the first 15-20 years of the project as is required by the current loan terms,
Dennis said, then there is not enough cash flow to meet the underwriting criteria. Dennis said The
Housing Fellowship is requesting a deferred payment. At the end of 20 years, when the General
Obligation Bond financing passed by the City Council on October 6th is repaid, The Housing
Fellowship would be able to retire that debt and be able to refinance to pay the City back a balloon
payment at the end. Dennis said that the loan had always been approved as a 0% interest loan.
The other significant change that comes into play is that the Iowa Finance Authority (IFA), who
administers the Low-Income Housing Tax-Credit program, has changed the per-unit cost cap and the
formula used to determine it. Dennis said that it had previously been the case that the cost of the land
could be excluded from the per unit cost calculation. This, Dennis said, is no longer the case. As a
result the plan now is for The Housing Fellowship to retain possession of the land and to lease it to
the limited partnership, as a way of remaining under the cost cap. Essentially, Dennis said, the City
HOME funds for the project are now coming to The Housing Fellowship, a private non-profit.
Because of this, the new terms may actually better fit with the City's investment policy than the
previous terms.
Eastham stated that this project has been developed under standards set by the City Council for
permissible and preferable affordable rental housing in Iowa City. Eastham said that the preferences
outlined by the City Council include scattered-site, single-family detached or townhome units such as
those being created by this project. In looking to build, The Housing Fellowship reviewed all
available sites and found mostly single-family detached sites to be available. Eastham said this
obviously increases the cost to the project. Eastham said that the request is being made to keep the
project under cost cap requirements set by IFA, to comply with the City Council's preferences for
newly constructed affordable rental housing, and to ensure that rents are kept as low as possible.
Eastham said The Housing Fellowship is finding itself having to borrow additional funds for the
project overall, as well as having to ask for deferred payment on some of the loans from different
funding sources in order to meet those goals.
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Dennis said that the rents are set quite low, and that The Housing Fellowship has always believed
that it makes sense to put projects together that allow for rents that are affordable even to those who
are not receiving rental assistance. Dennis said that it is their hope that just as the City is investing a
considerable amount of federal funding into the project, the State will also choose to invest a large
amount of federal funding. Dennis said that the rents could be raised, but then that would mean the
families living in the units would require a considerable amount of rental assistance to afford them.
Hightshoe asked what the utility allowance for the units would be based on the Iowa City Housing
Authority's (ICHA) standards. Dennis said that it was $158 for athree-bedroom unit.
Hightshoe told the Commission that when she was reviewing the project her initial preference was
for a payback at 0% over thirty years. As she examined the request, however, she noted that the
project had to substantially change: the developer fee went down almost $200,000 from its original
projection. Melrose Ridge had been the example foremost in her mind, however, it was structured
quite a bit differently than this project in that it was not scattered-site, there was no cost for land (the
County leased it to The Housing Fellowship for $1), and Melrose Ridge did not have to install major
infrastructure (this will be the first project by THE where they will install the road, water, sewer, etc.
for a new subdivision). Hightshoe said that given these differences, she recommended to allow
flexibility as unexpected costs will arise. Hightshoe said that in speaking with the Planning
Department in Sioux City, she learned that their policy for tax-credit projects is a 0% loan that is
deferred for 30 years. Hightshoe said she became a lot more comfortable with the project and the
request for deferred payment once she took all of these factors into consideration.
Richman asked how rents of $775 and $550 compare to what The Housing Fellowship would be
allowed to charge by the Department of Housing and Urban Development (HUD). Dennis said that
there are a number of different rents that come into play for this project. Because HOME funds are
being used for the project, the maximum HOME rent for athree-bedroom unit would be $943, from
which the $158 utility allowance must be subtracted. Dennis said that what happens is one division
of HUD administers Section 8 rental assistance and a different one administers the HOME funds. As
a result, often times the HOME rents take some time to catch up to the Fair Market Rents (FMR) set
for rental assistance. Dennis said that The Housing Fellowship cannot rely on a presumption that the
HOME rents will be increased to match the FMRs. Eastham said that IFA will require the maximum
rent for atax-credit three-bedroom unit in the state of Iowa to be set below $943 if the project is
receiving HOME funds. Dennis noted that the allowable IFA tax-credit rent with no HOME funds
associated with it is actually higher than that. Investing HOME funds requires following HOME
rules.
Richman said that his understanding is that this request states that the City will be repaid upon the
sale/refinancing of the project. Dennis explained that with the low-income housing tax-credit, huge
wealthy companies invest and it is these investors who receive the tax-credit. When the tax benefit
to the investor expires after ten years, there is no longer any motivation for these large companies to
own low-income housing. The Internal Revenue Service (IRS) has a law which grants the right of
first refusal to a qualified non-profit at the end of a fifteen year term of affordability. At that time,
the non-profit can purchase the project for $1 plus all of the debt that is due. Dennis said it has
always been The Housing Fellowship's plan to utilize that right of first refusal and then become the
owner of the property. Eastham said The Housing Fellowship would become responsible for the 20-
year balloon payment, which would actually reflect a rather low amount of debt at that time.
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Richman asked what other possibilities there were for after year 20, beyond The Housing Fellowship
purchasing the property. Long stated that the affordability requirement for the property would
remain in place regardless, as the term of the affordability requirement is 30 years. Dennis stated that
it was not impossible that the City of Iowa City could forgive the debt at that time, as that occurs
from time to time. Dennis stated that the City of Iowa City takes no risk with these funds because
they are HUD funds, and are not local tax dollars. Richman pointed out that the City has a limited
amount of dollars to invest in affordable housing in the community, and so there was risk in that
sense. Dennis conceded that point, and advised the Commission that The Housing Fellowship was
making the same request for the State's HOME funding. Eastham noted that a 30-year deferred
payment was not an uncommon-term for the State.
Shaw stated that as far as he could tell there is no difference between the request made by The
Housing Fellowship and the recommendations made by staff. He asked if he was correct in this
understanding. Hightshoe replied that staff concurred with the recommendation.
Richman stated that he had thought The Housing Fellowship was requesting a 30-year deferred
payment and that staff was recommending a 20-year period. Dennis apologized, saying that the
confusion was the result of an error on her part as several different drafts of the same plan had been
discussed, but that the term being requested was 20 years.
Richman summarized his understanding of the proposal: in year 20, either The Housing Fellowship
would buy the project and refinance any existing debt (presumably the City and State HOME funds)
or the City Council could choose to forgive the loan. Eastham clarified that the sale of the project
would begin in year 16 of the project. Dennis added that the term of affordability would still be set at
30 years regardless of who owns the property. Long stated that the continued affordability of the
property is one of the most important part from the City's point of view.
Richman asked a question regarding the sources and uses. He noted that $830,000 of State HOME
funds are listed in the proposal, but $0 City HOME funds. Hightshoe explained that the City HOME
funds went toward land acquisition, and that because The Housing Fellowship will be leasing the
land to the investors, the land will be retained by The Housing Fellowship.
Hightshoe noted that the price per credit has gone down from $.81 to $.72, and asked if that would
continue. Dennis said that The Housing Fellowship does not know because they do not price the
credits, the syndicator does. Dennis said that one thing to keep in mind is that the equity from the
tax-credits will not come to the project until the homes are built and leased to qualified households.
The equity therefore should come into account in 2010, by which time it is hoped that the price will
be $.80. Eastham stated that the final price for the credits will not be known until that time. Eastham
added that IFA is well aware that national tax-credit prices have been decreasing, and noted that they
have set aside some of last year's tax-credits to pay for this year's projects. Eastham said it is very
difficult to predict what will happen with tax-credit prices.
Dennis said that she and Eastham believe not only that they have a very good project, but that they
have a very good chance to succeed at what is acknowledged to be a very risky endeavor, especially
for anon-profit. Dennis said that they are working with a very good consultant who can answer any
questions Dennis is unable to.
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Dennis noted that IFA has implemented a disaster relief set-aside for the tax-credits for seven
counties, one of which is Johnson. Dennis said that as far as The Housing Fellowship knows, it is the
only project in Johnson County applying to the program. This gives them a pretty good chance.
Long pointed out that The Housing Fellowship did have 16 units in Coralville destroyed in the
flooding.
Shaw asked if any of the Commissioners had concerns about The Housing Fellowship handling the
banking and construction components of the project, which were some new areas for the agency.
Dennis asked if he had a concern. Shaw clarified that he did not have a concern, but wondered if any
of the Commissioners did as he had not heard anything from them on the subject. Long said that he
would like to point out that this is The Housing Fellowship's third tax-credit project and they have
always been very well done. Long assured Shaw and the other Commissioners that if staff had
concerns or if there had been past issues, staff would certainly let the Commissioners know. Dennis
stated that the development team on all of the tax-credit projects had been very good, and very
important to their success. She noted that The Housing Fellowship is working with MMS
Consultants, John Shaw Architect, Selzer-Werderitsch Construction, a consultant from Omaha, great
tax attorneys, Michael Hugh and Jeremy Hagen from Bradley & Riley, and the syndicator. Shaw
reiterated that he was not hearing any concerns, but had wanted to check in with the Commission
members.
Richman said that he saw that the underwriting criteria required a debt coverage ratio of 1.15 to 1.40
and notes that The Housing Fellowship is very close to the upper limit at 1.40. He asked how it
would affect the Fellowship's tax-credit application if there was some repayment requirement to the
City that took the coverage ratio closer to 1. ] 5. Eastham said that adding debt service would likely
negatively impact the application. Dennis said that the other thing to keep in mind is that the format
for the pro forma is required by IFA. Richman asked if the City's obligation were structured so that
a portion of surplus cash flow would go toward debt repayment (and if there was no surplus cash
flow there would be no repayment made) how would that be factored in. Eastham said it would
depend on how it was structured; if it was structured as a liability then that would be debt coverage
and would affect the ratios. Dennis and Eastham said that what they have learned is that the
"cleaner" these projects are kept in terms of their liabilities, the better chance for syndicator
approval; the more complicated they are made, the greater the chance for failure. Long said that if
this was strictly a HOME or CDBG funded project, the Commission would have a lot more
flexibility. Eastham said the Fellowship has done escalating debt service with CDBG funds before,
and it is hard to figure out what the conditions are going to be five and ten years down the road. He
said they have at times wound up with an obligation they could not meet. Richman pointed out that
under what he was proposing, this would not happen because if there is no excess cash flow there
would be no payment obligation.
McKay said that one of the things he picked up at a recently attended conference was that the market
for tax-credits is so bad at present that investors and syndicators are going over the proposals with a
fine tooth comb. From what he learned at the conference, it will become increasingly difficult to
place projects in the next five years. McKay said his understanding of what Dennis and Eastham
have said is that if they do not keep the project clean they will not be able to place it. Eastham said
he agreed with this assessment. Crane said that l .l 5 debt service is pretty low and that this could
change to a 1.25 in the near future, to be realistic. Dennis said it is not necessarily a bad thing that
the days of the 1.05 are gone.
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Richman asked staff if they were comfortable with the precedent this sets and if the City would be
comfortable with this structure for future projects. Long said that there have been similar cases, but
that it is always best to look at things on a case by case basis. He said that there is an arrangement
with a transitional housing facility in which there is a 99-year term and payments are sometimes
made by lowering rents to the tenants and taking that off the debt; in that case the view is that
providing low-rent transitional housing better serves the City than that particular cash flow would
have. Long said that the City has worked with The Housing Fellowship very successfully on a
number of occasions and that he, Hightshoe, Dennis, Eastham, the Finance Director, the City
Manager and others have sat down and worked on this project many times over the last year to get it
to a place where everyone is comfortable with the terms. Long said the City has $830,000 invested
in this project when bonds are included, and they want to see it succeed.
Dennis said that the waiting list for ICHA rental assistance is two years long, and that there are
families living in Iowa City that are on that waiting list and are perfectly capable of appropriately
taking care of a rental house if they could afford the rent. Dennis said the two-year wait is causing
some of these families to live doubled-up or in very small apartments with their children. Keeping
the rents low is one of The Housing Fellowship's biggest objectives, Dennis said. Richman said he
applauded those efforts. His objective is to determine if it is possible both for the rents to remain low
and for the City to be repaid some money in the interim. Richman said it sounded like the answer he
was hearing is that there probably is not a way for both of those things to happen, or if there is, there
is a risk to the project as a whole. Drum said he would rather see the City "repaid" in the broader
sense by having low-rents for the units then to have the City repaid with payments on the loan prior
to the 20-year deferment period. Eastham advised Richman that having a balloon payment in the
future such as The Housing Fellowship is requesting will allow the rents to remain low until the
refinancing period begins.
Hightshoe said that with low-income housing tax-credits the reserves and replacement reserves have
to be built into the project so that the units are properly maintained throughout. This lessens the
concern that once the affordability period expires, you will have a project that requires substantial
rehabilitation for which there is no funding. Long said this basically means that the project should
not be coming back to the City in 20 or 30 years asking for more money for rehabilitation purposes.
Dennis noted that even though The Housing Fellowship is the general managing partner on the
project, they cannot take funds out of reserves unless the syndicator approves it. Dennis said that the
oversight and compliance on the part of the syndicators is unbelievable. Hightshoe noted that better
quality products would be used to build these units and quite a bit of green is incorporated into the
plans. Dennis said that the Iowa Department of Economic Development now requires the submission
of a green development plan. She said that initially they were hoping to make this project the first
LEED (Leadership in Energy and Environmental Design) certified low-income housing tax-credit
project in the state of Iowa, but that it was not possible to do so and remain under the cost caps.
Eastham said it may be possible in the near future if there are more townhome units involved because
that lowers the costs. Richman asked what the cost cap is right now. Eastham stated that it is
$194,000, which is right where the project is presently. Hightshoe said that staff is comfortable with
the costs as planned.
Eastham said that if the Commission wants more money to flow back to the City, they should push
the City Council to rezone to allow for more townhome and duplex opportunities.
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Richman asked if Commissioners had any more questions or comments. DeFrance said that she had
some concerns about the location of the new units, as it was her understanding that there were not to
be any more rental homes built south of Highway 6. Long and Dennis explained that The Housing
Fellowship had gone to City Council to get the site for this project approved. Hightshoe said that
staff went back and looked through all of Census Tract 18 and then looked further based on
subdivisions in Census Tract 18. When looking at the Mount Prospect subdivision (over 300 homes),
it was noted that only 1% of the homes in that subdivision had been publicly subsidized with CDBG,
HOME or public housing dollars. Hightshoe said that when the 16 units being built in that
neighborhood for this project are added into that calculation the number is still less than 7%.
DeFrance asked if there would be a problem with that neighborhood accepting these rental homes.
She said that she had just taken a tour of the Dolphin Lake Point Enclave (formerly Lakeside) and
that she knows there are a lot of issues in that neighborhood concerning rental homes. Eastham
noted that all of the homes in this project are single-family detached homes. DeFrance said the ones
in the neighborhood she mentioned also were single-family detached, and that there are still a lot of
problems surrounding that area. She said she was discussing the area around Dolphin Lake Point
Enclave, near Hollywood Boulevard and California Avenue, and the areas surrounding Grant Wood
School. She said that she understands that this is a good project, but that she is concerned that the
area in which it is to be located is one with a number of issues already.
Dennis said that The Housing Fellowship owns anumber ofsingle-family detached homes and
duplexes as rental units and that typically the policy has always been that the renter maintains the
yards and sidewalks. For this particular parcel, Dennis said, The Housing Fellowship will be taking
care of the lawns and the sidewalks. This is being done in order to ensure an acceptable appearance
for the properties at all times, as well as to maintain frequent contact with the properties from a
management perspective. Dennis said that The Housing Fellowship has one rental home on
California Avenue with which it has never had any problems. DeFrance clarified that she was not
implying that The Housing Fellowship itself was responsible for any of the concerns, but that it was
the addition of more rental properties to the general area which concerned her. Dennis asked if it was
the condition of the homes that concerned her. DeFrance replied that it was not just the condition of
the homes but also the frequency of police calls to the area. She said she was concerned for the
people that live in that area that actually own their homes; she said she was not sure that those people
would be as convinced about the wisdom of putting 16 more rental units in that area as the people in
the room seemed to be.
Eastham said that there are two approaches to addressing neighborhood concerns. One approach is
to provide good management, something which The Housing Fellowship does very well. The other
approach concerns location. Eastham said that the Fellowship has explored other locations for lots
on which to build rental housing in Iowa City, however, they can only build where land is available.
Eastham said the Fellowship is looking like crazy for additional locations throughout the Iowa City,
Coralville, and North Liberty areas. Eastham said that the Fellowship has not seen a strong
indication from renters coming to them that they by and large prefer to live somewhere else in Iowa
City. DeFrance said that her concern was not so much for the people wishing to rent homes, but for
the people who have already purchased them in the neighborhood. McMurray stated that she lives in
that general area and that she agrees that there is a perception that there is a lot of crime in that
neighborhood, but that if one looks at the actual data the problem is nowhere near the level that
perception leads one to believe. She said that as a resident of the area, she can say that these
additional rental units do not concern her. DeFrance said that she lives in the general area as well
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and that she has a lot of people perceive her street as being in the "ghetto," something with which she
does not agree at all. She said she is simply saying that she does not even live in the neighborhood,
but that she often hears concerns about it. She said that she wants to see this plan succeed and that
she is in no way trying to be against the project, but that she has some concerns for its effect on
homeowners in the area.
Dennis asked if DeFrance's concerns were specifically for properly values or if her concerns also
extended to other renters that live in the area. DeFrance said she was not concerned about the
renters. She said she was concerned about people who own homes in the area and believe that if
these rental homes are built in their neighborhood their own properties will be devalued. Dennis said
that this was a misperception, and that the data does not support that perception. DeFrance said that
she understands that, but that she has heard realtors and others saying that living next to subsidized
housing devalues your property. DeFrance said she was concerned about that because there seems to
be a large group of those kinds of homes in that area, including the Whispering Meadows and
Coneflower Court area. Hightshoe pointed out that the Whispering Meadows subdivision has a
subsidized rate of approximately 35% (includes both subsidized owner occupied and rental
properties). 1n her opinion, this level of subsidy in one immediate area is high and something she
would not recommend for future projects. The council has removed the restriction for site review on
owner-occupied homes. The requirement for council review in areas not encouraged for affordable
housing remains a requirement for rental projects. The project in question, Hightshoe said, is in a
subdivision (over 300 homes) in which only 1% ofthe homes are subsidized. Census Tract 18 has
one of the highest homeownership rates in the City.
Hightshoe said that there is a perception problem and that people think there is more of a
concentration issue of subsidized housing (CDBG, HOME and public housing) south of Highway 6,
but that that perception is not accurate. Long said that both he and Hightshoe live across the street
from Housing Fellowship properties and that the management of the homes are impeccable. He said
that in all honesty he would much rather live across the street from a Housing Fellowship home than
some of the student homes downtown. DeFrance said she has no problem with The Housing
Fellowship and that she has seen how well they have rehabilitated some of the homes on Taylor
Drive; she said her concern is for the overall neighborhood. Long said that he believes the concern
she is expressing are related to management more than to whether or not a property is subsidized.
Long said that the City as a whole answers a lot of questions on subsidized housing and that the data
that has been collected by Steve Rackis (Director of ICHA) and others demonstrates that perception
does not match the reality of the situation. Long said perception is hard to change, but that he
believes properties in the area, particularly Dolphin Lake Estates are working hard to change that
public perception. DeFrance said she thinks the project is a great idea, but that she just hopes the
neighborhood accepts it.
Long said that in talking with the school district on development issues, the idea of building another
school in that area is on the District's radar as a means of alleviating some of the pressure on Grant
Wood school. DeFrance said that this was another question she had had, as she was aware that the
school was at or over capacity already and that adding 16 homes to the area would intensify the
problem. Hightshoe said that of the twelve elementary school attendance-boundaries in Iowa City
only two are under capacity, and that is by minimal amounts. Shimek and Hoover are the only two
schools under capacity at present.
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Dennis said that from The Housing Fellowships perspective, they have an all volunteer board that
consists entirely of Iowa City residents. The Housing Fellowship does not want to cause problems in
or for any neighborhood. Dennis said the Fellowship owns rental homes in 1 I of the 13 Iowa City
elementary districts, and tries very hard to site rental homes in a way that will not illicit concerns
from the neighborhood. Having said that, Dennis noted, scattered-site housing is very important to
The Housing Fellowship, but is also very expensive. She said that they had considered trying to
rezone the land to allow multi-family units rather than single-family homes. However, as a Board
they decided not to attempt to rezone and proceed with single family homes. Dennis said that even if
the problem is one of perception, it is not one that can be easily changed. She said that it can only be
changed slowly by presenting the true facts to people and putting a real face on the people who need
these kinds of homes. By and large, Dennis said, the families that rent from The Housing Fellowship
are hard-working families whose kids are well-behaved and excel in school. Dennis said that they
are very cognizant of all of the concerns and perception problems DeFrance discussed. Hightshoe
added that people will not be able to tell that the proposed homes are subsidized.
Eastham noted that in terms of subsidized housing causing neighborhood schools to go over capacity,
the real source of over-capacity problems is large scale development by big, for-profit developers.
DeFrance said that when she and her husband purchased their home, they were drawn by the
potential for a new school that had been planned in the area. She said that she was well-aware of the
very nice-looking Longfellow project that The Housing Fellowship had done. She said she had
merely been concerned for the perception that the neighborhood would have for such a project.
Richman asked if there were other questions or comments. There were none.
Hart motioned to recommend to City Council the request by The Housing Fellowship to amend
the financial terms of their FY08 & FY09 City HOME fund allocation of $545,722. HCDC
recommended the terms as requested: a 20-year deferred loan at 0% interest with a balloon
payment at year 20.
Crane seconded.
A vote was taken and the motion carried 7-0 (Douglas and Shaw not present).
Long noted that the matter would be on the City Council agenda for their October 2151 meeting.
OLD BUSINESS:
• Review Timeline for the Annual Review of the 2006-2010 Consolidated Plans (a.k.a City
Ste s
Hightshoe stated that staff was behind on the review of CITY STEPS due to the high volume of
flood-recovery related work ranging from questions from the public and flood victims, to setting up
and operating the Flood Recovery Center, to making plans and working with state and federal
agencies to accept applications and allocate an additional $2,000,000 to be spent in the next few
months. Hightshoe said that staff plans to discuss the Annual Review at the next HCDC meeting on
November 20`h. Hightshoe said there will be a public input meeting to review our current plan on
October 12`h at the Local Homeless Coordinating Board meeting. Hightshoe said she had also
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contacted the ICHA to see if a public input session could be coordinated with one of the training
programs that they will be putting on in the near future. Before the November 20`h HCDC meeting,
there will be at least two meetings to gather public input. After those two meetings, Hightshoe will
summarize and put out an e-mail with the findings. Hightshoe said the timeline will be condensed
from the usual process due to time constraints. Long said that this year was unusual due to all of the
unexpected flood-related work, and he apologized for that. He noted that the City is in the process of
hiring someone full-time to take over flood-recovery programs. Hightshoe noted that their office is
not only administering the Jump Start assistance being offered by the state but also handles the
supplemental CDBG funding, the flood mitigation program and all flood buyout questions. Crane
asked if a lot of businesses had inquired into the Jumpstart Business program. Long said that they
had, but that there were more homeowners. Crane asked what is the cap for business assistance.
Hightshoe said it is 25% of the executed loan for damage repairs or flood related losses up to
$50,000; she said that banks would be notified of the program. She noted that businesses get a
month to apply for the funds whereas homeowners only have a week.
Long stated that it is time to do the new Consolidated Plan, a.k.a. CITY STEPS. Long said that for
the first time a consultant will be hired to handle that project due to the time constraints on staff.
Hightshoe noted that other entitlement cities have been very helpful in assisting in any way they can;
the city of Dubuque will be helping the City with its Consolidated Annual Performance Evaluation
Report. Hightshoe said that HUD had given the City a waiver allowing it to have the report turned in
by December. Long suggested that the best way to get a hold of either one of them at this point was
via e-mail as his voicemail is full by 9:00 a.m. He said they expect the pace to continue for a few
more months, and he apologized for any effects that might have on the Commission.
Richman said that in hearing of this heavy workload, he is wondering how confident staff is that
there will be enough staff resources to go through the allocation process as smoothly as usual when
that time comes in three months. Richman asked what was to be done in the event that staff was not
confident that the necessary staff time would be available. Long said that they are hopeful that hiring
an additional person will alleviate that concern. Long said the hiring process goes relatively quickly
and that there are excellent candidates for the position, although it will take some time to train them.
Hightshoe said that the person who is hired will be administering the new flood-related programs and
she and Long will go back to their old jobs. Richman said he just wanted to make sure that at least
one of them will be able to invest the amount of time that is needed to make the allocation process
work smoothly.
• Housing Conferences:
McKay said that as a newcomer to the Commission when he first entered the conference he felt as
though he had entered afull-immersion foreign language program due to all of the new terminology
and acronyms with which he was unfamiliar. He said he tried to skip around to different topic areas
to try to get a feel for the wider nature of the conference. He said what struck him the most was the
presentation outlining how grim the whole tax-credit area looks like right now. He said that
everything is tightening up in that market as the biggest investors in that arena had been Fannie Mae,
Freddie Mac, and Washington Mutual. With their collapse, 40% of the money usually invested in
tax-credits was instantly gone.
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McKay said there was a good discussion on the green effort in affordable housing. He noted that
most of the builders said that the numbers simply did not work out at this point, although they do try
to get as energy efficient as possible while staying within the caps. McKay said even without going
fully green and implementing as many energy-savers as possible while maintaining affordability, the
cost of the project goes up by 5-10%.
McKay said he attended some sessions on homelessness that dealt a lot with the human and societal
side of the issue, but did not offer a lot of solutions from a housing standpoint. McKay said he used
the conference as an opportunity to learn and thanked the Commission for allowing him to attend.
Long noted that on October 10`h and 11`hthere is a symposium on the foreclosure crisis being held by
the University of Iowa as a part of the Forkenbrock Series. Jerry Anthony, longtime Commission
member and Professor of Planning at the University, is involved in the series. Long said that if
anyone on the Commission is interested there is a scholarship available for someone working at a
City office or working on a board or commission.
MONITORING REPORTS:
• Isis Investments LLC -Rental Housing (Shaw)
Shaw was unable to stay for the whole meeting and so was not available to report at this time.
• Twain Elementary -Playground Equipment (Drum)
Drum said that he had not had a chance to speak with Mary Bontrager about the playground, but that
he had taken some pictures which he would bring at a future date. He said that the playground has
been a wonderful addition to the neighborhood. The playground looks great and is in constant use by
neighborhood children. He felt the change was a very positive one.
• Dolphin International LLC -Down-Payment Assistance (DeFrance)
DeFrance said she had spent an hour and a half touring the buildings and discussing the changes with
the proprietor. She said 37 units had been contracted for purchase, although only 32 are presently
ready for sale. DeFrance said that the changes in the property are remarkable: each unit now has its
own mechanical room which has eliminated a persistent mold problem on the property; the units
have maple cabinets, granite countertops, hardwood floors, walk-in closets and soundproofing
qualities; the townhouses offer either one, two, or three bedrooms with first and second floors.
DeFrance said the proprietor shared some of the difficulties he has encountered in trying to overhaul
the property. She noted that he has proposed building at his own expense a police substation on the
west side of the property, and that he would like for the City to commit to a part of the funding. The
property manager believes that having a permanent police presence out there would make a huge
difference, although he did express gratitude for the support and patrols that the police already
provide. DeFrance said that the property manager has instituted atwo-strike policy for tenants found
to be engaged in certain illegal activities in which the second offense results in eviction. The
property manager has also hired a private security company to come in and patrol the area. The
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
OCTOBER 7, 2008
PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM
Page 12 of 13
proprietor manager originally wished to gate the community to cut down on nuisance problems from
those not authorized to be on the property, but ultimately the City's Transit Department could not
support such a move. DeFrance said that the property owner is attempting to make the area more
positive by encouraging Boy Scouts and Girl Scouts troops to meet in the clubhouse, arranging to
have a polling place on site, and having a Veteran's Day ceremony on site. DeFrance lauded his
efforts.
Crane asked if the units are being sold on contract or with bank financing. DeFrance said she
believed they were financed by banks, and that less than half required down payment assistance.
DeFrance said that credit counseling is offered as a part of the sales process, and household
budgeting workshops are offered on a continual basis.
Hightshoe noted that this is great workforce housing as the property is located near many workplaces
as well as Kirkwood. DeFrance said the one-bedrooms begin in the $60-thousands, and the three-
bedrooms are around $107,000. McMurray asked if a playground had been built. DeFrance said that
it had not, but that the entire property will be fenced in and two of the streets leading into the
property will be closed to make the area safer for children. DeFrance again described the remarkable
improvements that had been made to the property and the positive changes that had been made to the
grounds. She noted that the property manager also has great relationships with the tenants.
• FY08 Goodwill Industries -Facility Rehabilitation (Shaw)
Shaw was not available to report at this time.
ADJOURNMENT:
Drum motioned to adjourn; DeFrance seconded.
The motion to adjourn was approved unanimously (Douglas and Shaw not present). The
meeting adjourned at 8:00 p.m.
Housing & Community Development Commission
Attendance Record
2008
Name Term
Expires AM
2/12 PM
2/12
2/20
3113
3/27
4/17
5/15
7/17
8/21
9/18
10/7
Jer Anthon 09/01/08 O/E X X X X X X X X -- -- X
Steve Crane 09/01/09 O/E X X X X O/E X O/E X X X
Marc De France 09/01/09 X X X X X 0/E X X 0 X X
And Dou las 09/01/08 X X X 0/E X X X O/E X X 0/E
Charlie Drum 09/01/10 X X O/E X X X X O/E X X X
Holl Jane Hart 09/01/10 X X X X X X X X X X X
Rebecca McMurra 09/01/08 X X X X X X X X O/E O/E X
Brian Richman 09/01/10 O/E X O/E X X X X X X X X
Michael Shaw 09/01/09 X X X X X O/E X X 0/E X X
Michael McKa 09/01/11 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No Meeting
-- -- = Not a Member
DRAFT -
IP12
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
(Transcriptions are available)
POLICE CITIZENS REVIEW BOARD
COMMUNITY FORUM
September 16, 2008, 7:30 P.M.
EMMA J. HARVAT HALL
410 E Washington St
Chair Michael Larson called the meeting to order at 7:30 p.m.
Janie Braverman, Donald King, Greg Roth, Abbie Yoder
None
Legal Counsel Catherine Pugh and Staff Kellie Tuttle
Captain Richard Wyss of the ICPD; and former PCRB member, Loren Horton
PRESENTATIONS The following presentations were made:
A History/Summary of the PCRB by former PCRB member Loren Horton.
PCRB Complaint Filing Process by PCRB member Greg Roth.
ICPD Formal/Informal Complaint Process by Captain Rick Wyss from the ICPD.
PUBLIC
DISCUSSION The following individuals appeared before the PCRB:
Dean Abel
Jeffrey Cox
Peter Hansen
Caroline Dieterle
Libris Fidelis
Galen Opstad
112 South Dodge St
1203 Cambria Ct
727 Walnut
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS
Correspondence was read into the record by Braverman.
Motion by King, seconded by Roth. Motion carried, 5/0.
ADJOURNMENT Motion for adjournment by Yoder and seconded by King.
Motion carried, 5/0. Meeting adjourned at 8:40 P.M.
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draft
IP13
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
OCTOBER 13, 2008
CITY HALL, CITY MANAGER'S CONFERENCE ROOM, 8:00 A.M.
Members Present: Regenia Bailey, Connie Champion, Matt Hayek
Staff Present: Wendy Ford, Jeff Davidson, Sarah Holecek
Others Present: Davidson Hotel Representatives Ron Kim, Thom Geshay, Mark French
and Crystal Beasley (via phone)
RECOMMENDATIONS
none
CALL MEETING TO ORDER:
Chairperson Regenia Bailey called the meeting to order at 8:03 A.M
CONSIDER APPROVAL OF THE MINUTES OF THE SEPTEMBER 9, 2008 ECONOMIC
DEVELOPMENT COMMITTEE MEETING:
Champion moved to approve the minutes of the September 9, 2008, Economic Development
Committee as presented; seconded by Hayek. Motion carried 3-0.
DISCUSS AND CONSIDER A RECOMMENDATION ON OPTIONS FOR LICENSING A PUBLIC
ACCESS EASEMENT TO THE SHERATON:
Ford welcomed everyone and stated that Sarah Holecek would speak to everyone about the
licensing agreement first. Holecek explained that a licensing could allow the Sheraton (Davidson
Hotels) to occupy and use the pedestrian access easement, subject to whatever conditions and
terms are agreed to. Mark French, a corporate attorney for Davidson Hotels, stated that in his
judgment, a license agreement may not work for them. He questioned the potential future need
for the easement area to be 25 feet.
Champion asked Holecek what "trigger points" could be used to pull the license if possible to use
the redevelopment of the property as that trigger. French continued to address the details of this
agreement, stating that they will have some need for a wall or a division between the hotel's lobby
and this easement area. He continued to speak to the terms of this agreement, and Holecek
responded to his concerns.
The discussion went back to the issue of narrowing this area, with French asking about the City's
concerns. Hayek said his concern is if the City permanently vacates a portion of the hours and a
portion of the width, that they would never get it back. He added that his point was to not tie the
hands of future City Councils or future planners, if the City's needs should change in the future.
Hayek continued, stating that he would like to craft something that works for both the City and the
hotel; something that keeps the City's options open. Thom Geshay asked what time frame Hayek
is referring to, and Hayek stated that he would suggest 10 or 15 years, maybe even 20 years, or
a change of ownership of the hotel, should that occur first.
The discussion continued with Geshay stating his concerns for a time frame. He stated that his
concerns have to do with how they would sell the hotel with this agreement in place in the future.
He added value is lost with this type of agreement in place.
French spoke to the Members, stating how the purchase of the hotel, by Davidson Hotels, was
handled in terms of the easement in the lobby. He added that once they purchased the hotel,
and they began renovation plans, they saw that this area needed to be improved, in energy
Economic Development Committee Meeting
October 13, 2008
efficiency, safety, etc. He continued to explain the hotel's stance and what they are hoping to do
with their lobby area. Champion brought up the redevelopment issue again, and French asked
for clarification of this. Geshay added that the idea for this space is to put in a glass wall, that the
view and use and perception would be the same, and that by improving the exterior portion of the
easement, this will add to the area, as well.
Bailey asked if the Members could move forward with an agreement at this time. A brief
discussion ensued, with Hayek voicing concerns. He added that he feels they need some trigger
point, whether change in ownership or a set number of years down the road, where the City can
review this agreement. Geshay added they buy hotels, they typically look at a time period of over
40 years.
French reiterated that the hotel does plan to invest in rehabilitation, regardless of what they come
up with in an agreement. He added that they believe the desired request will enhance the
property for everyone. Holecek then restated the three trigger points in a license agreement that
she hears the Committee suggesting -redevelopment of the property, change of use of the
property, and a term of 25 years. French responded to these points, explaining his concerns for
each one. A term of 40 years was suggested then, taking from Geshay's comment about land
leases. French added that he believes a time frame of any sort would not work for them, but that
the redevelopment point makes sense to him. Hayek stated that he believes he could agree with
the three points as stated. French stated that he will talk to the owners about this, but that the 25
years just will not work for them.
Discussion continued, with Members stating their concerns on not having a specific time frame in
this agreement. French and Ford agreed to speak again as soon as they had spoken with their
owners. He stated that he hoped to calf her back yet today, and the phone conference ended.
The Committee Members continued their discussion once the conference call ended. Champion
added that 25 years really is a short time in the life of an investment. She believes they should
raise this time frame. Bailey and Champion both stated that they could agree to a two-prong
agreement -change of use and redevelopment. Hayek stated that he would like to keep some
years on the agreement and suggested the 40-years time frame again.
STAFF TIME:
Ford stated that right now they are busy with the Jumpstart program for businesses. She also
noted that they had their Towncrest meeting and had a good turnout from neighbors. Next they
will create a vision to present to the community, which will take 6 to 18 months. She added that
Hieronymus Square is slowly moving forward. They hope to have an agreement with Hieronymus
in time for the next Economic Development meeting.
COMMITTEE TIME:
None.
ADJOURNMENT:
Hayek moved to adjourn the meeting at 8:55 A.M., seconded by Champion.
Economic Development Committee Meeting
October 13, 2008
Council Economic Development Committee
ATTENDANCE RECORD
2008
TERM ~_ Lv w w ~ cn rn oo
" co
0
NAME EXP. cn cfl rn ~ N o o ' m
w
Regenia 01102110 X X x X X X X X X X
Bailey
Matt 01102110 X X X X X X X X X X
Hayek
Connie 01102110 X X x x X X X OIE X X
Champion
Key:
X =Present
O =Absent
O/E = Absent/Excused