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HomeMy WebLinkAbout2008-12-02 Bd Comm minutes4b 1 MINUTES FINAL Iowa City Airport Commission October 9, 2008 Iowa City Airport Terminal - 5:45 PM Members Present: Greg Farris, Howard Horan, Randy Hartwig, John Staley Members Absent: Janelle Rettig Staff Present: Sue Dulek, Michael Tharp Others Present: David Hughes, Dave Larsen, Harrel Timmons, Jay Honeck, Peggy Slaughter RECOMMENDATIONS TO COUNCIL: DETERMINE QUORUM: The meeting was called to order at 5:50 P.M. APPROVAL OF MINUTES FROM THE SEPTEMBER 11 AND OCTOBER 1, 2008 MEETINGS: Farris asked if anyone had any comments or questions regarding the minutes as submitted. Hartwig suggested that on page 4, paragraph f, 2008 pavement rehab, that this be given a heading to be the same as the agenda item. He also added that he was glad Deb Mansfield took the time to come and talk to them. Hartwig moved to accept the September 11 minutes, as amended, and the October 1 minutes as submitted; seconded by Horan. Carried 3-0. (Rettig and Staley absent.) Staley arrived late. He asked that Diane Lamb's title be changed to Nurse Manager. Horan moved to reconsider the earlier motion to amend the September 11, 2008 minutes to reflect Staley's comments; seconded by Hartwig. Carried 4-0. (Rettig absent.) PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park -Peggy Slaughter addressed the group, stating that she is working on a possible 5-acre deal with a group. She further explained Iowa City Airport Commission October 9, 2008 Page 2 of 5 where this project is currently, and added that her only concern is the area around lot 10 and a possible 2-acres being landlocked. Slaughter continued to express her concerns and responded to Members' concerns, as well. b. Dane/Larsen Land Sale Request -Members briefly discussed this item. It was noted that the FAA was agreeable with the Commission using the previous appraisal on this land. Tharp stated that this is at the edge of the safety zone. He continued, noting that the FAA will most likely stipulate that the funds will need to go to offset an upcoming grant. Hartwig asked what the options would be for these funds, adding that he would like to know this. Tharp suggested they approach the FAA and ask them their opinion. Dulek agreed, stating that they would want to get the FAA's approval before taking this offer to the City. Members agreed that they would like to get the FAA's approval on this first, so they can get some idea of what they will be able to do with the sale revenue. Farris asked Tharp if he had any specific ideas for this revenue, and Tharp gave a few examples of projects they could address. c. University of Iowa Aircare Facility -Staley noted for the record that he would recuse himself from this item. Horan noted that the subcommittee met on this recently, and that David Hughes with Earth Tech is reviewing the information that they came up with. Horan continued, explaining the plans that they reviewed for this facility. Hartwig added that they have a meeting set up for later in the week to further discuss this with representatives of the University. Tharp stated that the FAA has to review flight patterns and other details on this project. Hartwig added that they hope to have more information soon. d. Airport Safety -Traffic Pattern Operations -Hartwig noted that it is very important that they get this information out to people who use the Airport, in order to get a wide range of input on this possible change. He added that he has heard both "for" and "against" on this idea from the people he has talked to. Farris noted that Tharp has scheduled a public hearing on this for November 13. The Members continued to discuss how they would get a pattern change communicated to those who use the Airport. It was agreed that they could add more public hearings as they progress through this process. Consider a motion to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Hartwig moved to adjourn to Executive Session; seconded by Staley. Carried 4-0. (Rettig absent.) f. FAA/IDOT Projects -David Hughes stated that Earth Tech is now AECOM. i. Runway 7/25 -Hughes stated that they have done punch lists and are winding down on this project. Still lacking are markings on the Iowa City Airport Commission October 9, 2008 Page 3 of 5 reconstructed portion, and general cleanup. The lighting, as of this afternoon, was all in place according to Hughes. He stated that they still plan to open on the 20`h. Hughes added that they are planning some type of ribbon cutting ceremony for this. ii. South Aviation Development Study -Hughes stated that they met with the City Manager and others recently for this meeting. They did receive some minor requests on the study and he briefly explained what those might encompass. Hughes added that they received some comments from the FAA on a grass landing strip, and he suggested the subcommittee meet on this. Farris stated that they would need to reform such a subcommittee, and he asked for anyone interested in reviewing this study. Hughes added that they would need to do this soon, as they need to return comments to the FAA. iii. South Taxilane Rehab -Hughes stated that the contractor received materials last week, but that they have held him off until the tenants could be notified. It should take about a week to complete this work. iv. 2008 Pavement Rehab (North Taxilanes) -The IDOT funding was received, according to Hughes. All of the existing pavement has been removed, and grading should begin next week, right on schedule, according to Hughes. Hartwig asked if this is going to connect the pathway from Building D, and Hughes responded it would. v. Jet A Fuel System / AvGas Upgrade -Hughes said they now have a draft version of the instruction manual and hope to close this project soon. vi. Obstruction Mitigation -Hughes stated that the contractor has picked up speed on the hangar removal. He is hoping that this will be in line with the runway opening. MidAmerican has also picked up speed on their part of the project. Hartwig asked about the fencing in this area, and Hughes stated that most of this is already done. vii. Building H -Farris stated that they hope to rebid this after the first of the year, but that there is no new information right now. viii. Corporate Hangar L -Farris stated that this is more of a budget issue at this point. g. Airport "Operations"; Strategic Plan-Implementation; Budget; Management - Farris began the discussion, noting the corporate hangar project that they had been discussing. He briefly covered the budgetary issues related to this, stating that they are hoping to meet with the City Manager and Kevin O'Malley from Finance on this. Hartwig asked what the timeframe is from the State on this, and it was noted that they need to have it under contract by July. Farris then stated that Rettig had asked him to bring up the overtime pay Iowa City Airport Commission October 9, 2008 Page 4 of 5 that showed up on the budget/expense reports this time around. Farris then noted that Jerry will be retiring the end of November and Members briefly discussed this situation. Hartwig added that this could be an opportunity to redefine this job and look at the duties involved with it. The discussion continued, with Members looking at how they may want to proceed with this. h. Engineering Consultant Selection -Tharp stated that they have had some pretty good feedback, and that proposals are due on the 23`d. He will let Members know what they come up with. He added that there has been some concern about the interview process, and Members briefly discussed this. Farris added that the City's engineer, Sarah, will sit in on these interviews, as well. Dulek responded to Members' concerns regarding this process. FBO Staff Report -JetAir asked about getting a copy of the minutes, and Dulek noted that the minutes are on the City's web site. Timmons gave the Committee a quick update, noting that the pilot who recently crashed at the Airport had to have facial surgery due to his injuries. Preliminary results show that the elevation change may have played a part in this. Staley asked if traffic is still up during home games at the University, and Timmons stated that it's mostly smaller airplanes coming in. He added that he is looking forward to the new runway being opened. Hartwig added that they will be looking at having aribbon-cutting ceremony of some sort and that they will let JetAir know what they plan. j. Subcommittees' Reports -Farris spoke about the viewing area progress, stating that they hope to get some concrete work done yet this season. k. Commission Members' Reports -Hartwig thanked Deb Mansfield from the City for meeting with them recently. He also noted that Jay's son is profiled in the flight training this month. Horan stated that he had a good flight yesterday, and that runway 7-25 looks good from the air. Farris stated that Jet Air did a good job coordinating things when the recent accident occurred. 1. Staff Report -Tharp also thanked JetAir for their help during the recent accident, adding that none of these accidents have been facility related, but have been anomalies. SET NEXT REGULAR MEETING FOR: November 13, 2008 at 5:45 P.M. ADJOURN: Hartwig moved to adjourn the meeting at 7:28 P.M., seconded by Horan. Carried 4-0. CHAIRPERSON DATE Iowa City Airport Commission October 9, 2008 Page 5 of 5 Airport Commission ATTENDANCE RECORD YEAR 2008 lMeetinu Datesl NAME TERM EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13 7/10 7/24 Randy Hartwig 3/1/09 X X X X X X X X O/E X X Meeting Cancelled Greg Farris 3/1/13 X X X X X X X X X X X Meeting Cancelled John Staley 3/1/10 X X X X X X X O/E O/E X X Meeting Cancelled Howard Horan 3/]/14 X X --- X X X X X X X X Meeting Cancelled Janelle Rettig 3/1/12 X X X X X X X O/E X X X Meeting Cancelled (CON"1'.) TERM. EXP. 8/14 9/11 10/1 10/9 Randy Hartwig 3/1/09 X X X X Greg Farris 3/1/13 O/E X X X John Staley 3/1/10 X X X X Howard Horan 3/1/14 X X X X Janelle Rettig 3/1/12 X X X O/E KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 4b 2 MINUTES FINAL Iowa City Airport Commission October 30, 2008 Iowa City Airport Terminal - 5:45 PM Members Present: Greg Farris; Randy Hartwig; Janelle Rettig; John Staley, Members Absent: Howard Horan Staff Present: Michael Tharp, Others Present: Phillip Woolford, Harrel Timmons, Tim Busch, Randy Hartman, Dan Yeager, John Ockenfels DETERMINE QUORUM: The meeting was called to order at 5:50 P.M. by Chairperson Farris. ITEMS FOR DISCUSSION/ACTION: Airport Traffic Pattern -Proposed Right Traffic Patterns Listening Post -Farris opened the meeting and asked for public input regarding the change of traffic pattern proposals. Ockenfels asked for a summary of events that initiated a review of the patterns. Rettig responded that this was originally a request generated by pilots using the University of Iowa helipad during a previous discussion about the operations of the crop-dusters. Ockenfels related areas of concern for the future development of areas west and southwest of the airport where the new patterns would concentrate traffic operations. Yeager expressed concerned regarding the information distribution of the traffic pattern changes expressing concern for making sure that charts and directories are appropriately updated. Staley arrived at 5:57pm Rettig asked for a description of what a segmented circle was and associated costs. Discussions continued regarding procedures for distributing information about the change of traffic patterns. Yeager asked the commission regarding using the automated weather equipment to record a message regarding traffic and preferred operations. Tharp and Ockenfels acknowledged that the current equipment does not have a method of recording that type of communication. Timmons comment that operationally, a change in traffic patterns would not have an impact. Members then discussed ways to get information out to the public regarding the changes. Ockenfels asked about comments from the FAA. Tharp related that he had sought comments from state and federal officials but had only received a comment from state officials. Rettig asked about the email comments. Tharp responded that he does have some comments and that a summary would be given to the airport commission as these discussions progress. Farris asked for any other public comments, hearing none closed the listening post. Rettig motioned to adjourn, seconded by Hartwig. Motion passed 4-0 Iowa City Airport Commission October 30, 2008 Page 2 of 3 ADJOURN: Meeting adjourned at 6:18 P.M. CHAIRPERSON DATE Iowa City Airport Commission October 30, 2008 Page 3 of 3 Airport Commission ATTENDANCE RECORD YEAR 2008 (Meetinu Datesl NAME TERM EXP. 1/10 2/14 3/6 3/13 4/10 4/28 5/8 5/22 6/9 6/13 7/10 7/24 Randy Hartwig 3/1/09 X X X X X X X X O/E X X Meeting cancelled Greg Farris 3/1/13 X X X X X X X X X X X Meeting cancelled John Staley 3/1/10 X X X X X X X O/E O/E X X Meeting cancelled Howard Horan 3/1/14 X X --- X X X X X X X X Meeting cancelled Janelle Rettig 3/1/12 X X X X X X X O/E X X X Meeting cancelled (CONT.) TERM. EXP. 8/14 9/11 l0/1 10/9 10/30 Randy Hartwig 3/1/09 X X X X X Greg Farris 3/1/13 O/E X X X X John Staley 3/l/10 X X X X X Howard Horan 3/1/14 X X X X O/E Janelle Rettig 3/1/12 X X X O/E X KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 4b 3 MINUTES PARKS AND RECREATION COMMISSION October 8, 2008 FINAL MEMBERS PRESENT: Margie Loomer; Ryan O'Leary, Matt Pacha, Jerry Raaz, Phil Reisetter MEMBERS ABSENT: David Bourgeois, Craig Gustaveson, John Watson, John Westefeld STAFF PRESENT: Michael Lombardo, City Manager; Bob Miklo Planning Dept.; Mike Moran, Parks & Recreation; Terry Robinson, Parks & Recreation, Terry Trueblood, Parks & Recreation; Sarah Walz, Planning Dept. GUESTS PRESENT: Lucy Choisser, Sam Cochran, Diana Colgan, Tammie Cumming, Barb Hanson, Anna Kann, Sue Kann, Marsha Karniski, Natasha Karniski, Jason Lassner, Sue Longhurst, Barb Musson, Robert Musson, Margo Schilling, Kay Seely, Michael Tharp, John Yeomans RECOMMENDATIONS TO COUNCIL: Moved by O'Leary, seconded by Loomer to decline the proposal by Iowa Wireless to install a monopole in Willow Creek Park at this time. Motion carried 4 to 1, with Pacha voting no. OTHER FORMAL ACTION TAKEN Moved by Raaz, seconded by Reisetter, to approve the September 24, 2008 minutes as written. Unanimous. INTRODUCTION OF MICHAEL LOMBARDO, CITY MANAGER: Michael Lombardo, City Manager, was present and introduced to the Commission who in turn introduced themselves to Mr. Lombardo. PRESENTATION OF CENTRAL DISTRICT PLAN (PLANNING DIVISION) Bob Miklo and Sarah Walz from the Iowa City Planning and Community Development Department were in attendance to give the presentation to the Commission of the Central Business Plan, particularly those aspects pertaining to Parks and Recreation. Miklo noted that this plan becomes part of the entire city-wide comprehensive plan. The comprehensive plan contains documents that include policies regarding infrastructure, zoning, development, economic development, and arts and culture. As this document is so broad, the Planning Department decided to break it down into smaller districts of which there are ten. Miklo reviewed the boundaries of the Central Business District. Handouts were provided to the Parks and Recreation Commission October 8, 2008 Page 2 of 6 Commission. This plan contains most of the older neighborhoods of the city with the exception of Manville Heights. It does contain some newer neighborhoods by Regina and City High Schools. During the planning process a number of issues were identified by those that attended the sessions. These included the need for a positive quality of life, the desire for better streets and transportation as well as enhancement or development of parks and open space. The broad theme of this district plan is that there are areas that are appropriate for redevelopment. These areas include the south side near the Gilbert Street commercial area to the river. Sarah Walz' presentation of the plan followed. She shared an excerpt of the Parks and Open Space and Trails section. She noted that they were fortunate to have many students attend their planning sessions which enriched the discussion. She noted the deficit of open space in this district, especially in the areas of South Johnson and South VanBuren Streets where there is so much space used for parking and very little space for students to recreate. A number of people who took part in the planning sessions suggested acquisition of the Chadek property located on Friendship St. Walz mentioned that Willow Creek Park is a model of what a regional park should be. She also spoke of some undeveloped lots near Woodlawn and property near the wastewater treatment facility that could be developed. She noted that when there is a new subdivision being developed they have to set aside land for open space or pay a fee. It was suggested that since there is such a deficit of land to set aside in this area, that perhaps when using land in the Central Business District that they pay a fee and that the money be used to provide amenities and maintenance to existing parks. A lot of the longtime residents asked that there be more parkland developed in this area for students. Walz also suggested that there be wireless zones in these parks. It was suggested that the City make the most of the public space that is available, this not being necessarily traditional space. Perhaps look at landscaping some of the islands in the streets, consider designating certain streets as "festival streets," such as Linn Street which could be easily blocked off for such events. There is also a desire to improve awareness and access to Ralston Creek and the Iowa River. Another idea discussed was the possibility of running Amtrak through the area or a commuter train between Cedar Rapids and Iowa City. Michael Lombardo mentioned that there has been talk about adding a skating rink to the wastewater treatment area as well as perhaps an amphitheater for outdoor events. He noted that despite challenges, he feels that this plan is really going to bring forth some fun projects. The next step in this process is to present the full plan to the City Council which is scheduled for October 21. Sarah also noted that the full plan is available in the Planning Department or on-line. CONSIDER PROPOSAL FROM IOWA WIRELESS TO INSTALL MONOPOLE IN WILLOW CREEK PARK: Trueblood noted that this proposal is now at a point where Iowa Wireless is ready to give a presentation. A number of neighborhood residents have been notified of the proposal. Trueblood has received a number of responses via email, all of which were shared with the Commission, and there were a number of residents in attendance. Trueblood reminded those in attendance that the Commission is a recommending body to the council; however, this particular proposal has a few more steps. It will go from here to Joint Staff, from there to the Board of Adjustment and then to City Council, if the Commission recommends approval. Bill McNally was present from Iowa Wireless to give a Power Point presentation to the Commission and the public present. In Parks and Recreation Commission October 8, 2008 Page 3 of 6 summary, Iowa Wireless would like to locate a monopole in one of the city parks. He stated that they investigated several sites before deciding on Willow Creek Park. He reviewed the two proposed sites within the park. It is their preference to locate the monopole north and west of the shelter. The pole itself would be a 100' monopole with a flush top so that no antennas would be exposed at the top of the tower. At the bottom of the tower there would be a "compound" approximately 15' by 28'. He mentioned that it could be made smaller but that the proposed size could accommodate further equipment if needed. He discussed the city policy regarding cell towers and said that while it did not match up perfectly to what Iowa Wireless wants, they feel they can work with it and would not want to give up the location due to a policy difference. Questions were then taken from the Commission members. O'Leary asked if Walden Square had been considered as a location. McNally said that this is outside of the area they need. Pacha asked Robinson how high the tallest trees are in this section of the park. Robinson indicated approximately 50'-70' tall. Reisetter asked what the annual rental fee required is. McNally reported that $15,000 was under discussion. Reisetter further asked if there had been an appraisal done of this land. Trueblood reported that it was deemed not necessary as there had been an appraisal done at City Park for a previous proposal, therefore, used this as a guideline. Loomer asked if it would be necessary to remove any trees. McNally stated that it would be necessary to remove some smaller trees but that Iowa Wireless would expect to replace those. O'Leary asked if there is concern about the proximity to Mid American Energy. McNally said that this is not a concern. Pacha asked about the color of the pole. McNally said that they are all manufactured in one color (silver/gray) but that they can be painted any color. Raaz asked if it would be necessary to construct a walkway to the tower. McNally answered no. At this point Pacha turned the discussion to the public. Several people mentioned that this park is very heavily used and that the placement of this monopole would not be aesthetically pleasing, that it might present a safety hazard, and there was also concern about what this would do to property values. Some stated, feelings that this is not an appropriate use for a park. It was felt by the majority that the pictures shown in the presentation were not a true representation of how the pole might look. For example, it was noted that the picture did not show the pole towering over the trees when they believe, in fact, it would. One member from the public mentioned that he felt the notification process of this proposal was lacking, that the letters should have gone out sooner and to more residents. Pacha noted that the letters were not sent out sooner because there was not sufficient information available to include in the letters. Trueblood further noted that 57 letters were sent to area residents, and the agenda was posted and sent to the media as required by law, and was posted on the website. Michael Lombardo mentioned that perhaps the new radio towers to accommodate the new joint communications center may provide a place for such antennae. At this point discussion turned back to the Commission. Pacha gave the Commission Members the option to delay a vote since there were four members absent. O'Leary thought perhaps the Commission should look at forming a task force to further discuss, but this did not receive support from other Commissioners. Reisetter proposed that the Commission move forward with the vote tonight. Raaz noted his concern that if he were to vote for the monopole placement in Parks and Recreation Commission October 8, 2008 Page 4 of 6 the park he may later regret it if indeed the communications towers would provide a place for such equipment and that he would like to find out more about that possibility. _Moved by O'Leary, seconded by Loomer to decline the proposal by Iowa Wireless to install a monopole in Willow Creek Park at this time. Motion carried 4 to 1, with Pasha voting no. Pasha indicated he voted no because the Commission had asked staff to look into this proposal, indicating they would be willing to consider it. He didn't feel right about turning it down when both staff and Iowa Wireless had done what they asked. O'Leary noted that he did suggest that it be placed on the other side of the park and that he felt the proposal should have presented more creative solutions such as placing it in a grove of trees or place a light at the top of the pole to illuminate a ball field, etc. UPDATE AND DISCUSSION OF MASTER PLAN: Trueblood reported that Pat O'Toole, consultant from GreenPlay L.L.C., is scheduled to give a 30 minute presentation of the Master Plan at the City Council at their work session scheduled for Monday, October 20 at 5:30 p.m. Trueblood did let O'Toole know that the Commission would like to see some enhancements to the presentation. Trueblood encouraged commission members to attend if possible. COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS: Raaz noted that he had the opportunity to ride the new Court Hill bike trail from Creekside Park. He said that there were 30-40 other people on the trail and that it is a wonderful addition to the trail system. Reisetter expressed his thanks to Terry Robinson and Parks staff for the wonderful job they have done in cleaning the trails after the flood. Reisetter also asked if it may be possible to add bocce courts to Mercer Park. Trueblood and Robinson reported that staff is in the process of discussing that possibility. O'Leary reported that he is happy to receive feedback from the community as we did this evening. Raaz mentioned that we need to better utilize our website and perhaps post notices at parks that are involved in issues such as cell phone towers/poles. CHAIRS REPORT: Pasha updated commission on the progress of the Sand Lake Recreation Area fund raising effort. He noted that the prospects have been identified. Gary Vance from Ad-Vanced Fundraising Opportunity is putting together a Power Point presentation that members will use when meeting Parks and Recreation Commission October 8, 2008 Page 5 of 6 with prospective donors. Members will preview this as well as discuss marketing strategies at the next meeting. Pacha also reported that the Parks and Recreation Foundation will hold their annual meeting on Thursday, October 9. He noted that, in accordance with the bylaws, the Foundation needs to have three active Parks and Recreation Commission members on the board. As he will be ending his position on the Commission later this year, he is looking for a volunteer from the Commission to serve on the Foundation Board. DIRECTORS REPORT Trueblood reported on several items. Court Hill Trail: Court Hill Trail is complete, and being used, but will be officially open at the end of October. U of I Boathouse: University of Iowa has again requested some changes in the plan for the boathouse. They are changes to the inside of the facility, and Trueblood noted that the changes will not affect the community use areas. Bicycle Planning Meeting: Trueblood announced that JCCOG is holding a bicycling planning session this evening at the Senior Center starting at 7 p.m. CIP: CIP priorities and parks and recreation fees and charges will likely be discussed at the November Commission meeting. CAT Grant: Governor Culver has designated all CAT Grant funds be used for flood recovery for 2008. Hopefully, this will not affect the Sand Lake Grant proposal as this will take place in 2009. It is hoped the Vision Iowa budget will be restored next year. AllJOURNMENT Moved by Loomer, seconded by Reisetter to adiourn at 6:45 p.m. Unanimous. Parks and Recreation Commission October 8, 2008 Page 6 of 6 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2008 NAME 1•ERM O~ O N ~ N ~ ~ ~ ~ ~ `'' .\ ° EXPIRES O ..~ N N . r M ~ V ~D ~ h ~ 00 ~ O~ o .r ,~.. .Nr David Bour eois 1/1/11 O/E O/E O/E X X X X O/E X O/E Craig Gustaveson 1/1/] 1 X X O/E X O/E X O/E X O/E O/E Margaret Loomer 1/1/12 X X X X O/E O/E X O/E X X Ryan O'Lear 1/1/10 X X X X X X X X X X Matt Pacha 1/1/09 X X X X O/E X X X X X Jerry Raaz 1/1/12 X X X O/E O/E X X X X X Phil Reisetter I/ 1 /09 X O/E X X X O/E OlE X X X John Watson 1/1/ll O/E O/E X X X O/E X X X O/E __ John Westefeld 1/1110 O/E X X X X X X O/E X O/E KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum 4b 4 MINUTES APPROVED 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 7`h, 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. DOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 2 of 12 It was decided to move forward with The Housing Fellowship's Request and return to Commission/Staff Comment 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 Request to Amend the Financial Terms for their FY08 &FY09 Affordable Rental Housin>; 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. If 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 6`h 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. 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 I IOUSING ANU COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT' CONFERENCE ROOM Page 3 of 12 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 Johnson County Permanent Supportive Housing LP 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. 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 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 4 of 12 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. 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. ROUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 5 of 12 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 1.15. 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 1.15 debt service is pretty low and that this could change to a l .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. 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. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OC'T'OBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 6 of 12 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. 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 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OC"fOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 7 of 12 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 a number of single-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. F,astham 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 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 property 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). In 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 }LOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 8 of 12 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 % of the 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. 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 11 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. F.astham noted that in terms of subsidized housing causing neighborhood schools to go over capacity, the real source ofover-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. I IOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOE3ER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 9 of 12 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 21s` 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`". Hightshoe said there will be a public input meeting to review our current plan on October 12`" at the Local Homeless Coordinating Board meeting. Hightshoe said she had also 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`" HCDC meeting, there will be at least two meetings to gather public input. After those two meetings, Hightshoe will summarize and put out an a-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. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 10 ot~ 12 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. 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 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 7, 2008 PLANNING & COMMUNITY DEVELOPMENT CONFERENCE ROOM Page 11 of 12 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 soundprooting 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 properly manager has also hired a private security company to come in and patrol the area. The 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 3/13 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 O/E X X O X X And Dou las 09/01/08 X X X O/E X X X O/E X X O/E Charlie Drum 09/01/10 X X O/E X X X X O/E X X X Hol>~Jane Hart Rebecca McMurra 09/01/10 09/01/08 X X X X X X X X X X X X X X X X X O/E X O/E X 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 FINAL/APPROVED POLICE CITIZENS REVIEW BOARD - ~~ MINUTES -October 28, 2008 4b 5 CALL TO ORDER: Member Donald King called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman (5:31), Greg Roth, Abbie Yoder MEMBERS ABSENT: Michael Larson STAFF PRESENT: Legal Counsel Catherine Pugh (5:34) and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt of the ICPD; and public, Caroline Dieterle RECOMMENDATIONS TO COUNCIL None. REPORT FROM NOMINATING COMMITTEE Roth and King were appointed to the nominating committee at the September 9th meeting. King reported that the committee had met and would like to nominate Michael Larson for Chair and Donald King for Vice-Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Roth, seconded by Yoder to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 4/0. Larson absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Roth, seconded by Yoder to nominate Michael Larson for office of Chairperson as selected by the nominating committee. MOTION TO CLOSE NOMINATIONS Motion by Roth, seconded by Braverman to close nominations. Motion carried, 4/0, Larson absent. BALLOT OR VOTE Motion carried to elect Michael Larson for office of Chairperson, 4/0, Larson absent. NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON Motion by Yoder, seconded by Roth to nominate Donald King for office of Vice- Chairperson as selected by the nominating committee. MOTION TO CLOSE NOMINATIONS Motion by Braverman, seconded by Yoder to close nominations. Motion carried, 4/0, Larson absent. BALLOT OR VOTE Motion carried to elect Donald King for office of Vice-Chairperson, 4/0, Larson absent. CONSENT CALENDAR Motion by Braverman and seconded by Yoder to adopt the consent calendar as presented or amended. PCRB October 28, 2008 Page 2 • Minutes of the meeting on 09/09/08 • Minutes of the meeting on 09/16/08 ICPD General Order #89-02 (Department Disciplinary Philosophy) • ICPD General Order #99-01 (Police Vehicle Pursuits) • ICPD General Order #99-10 (Domestic Violence) • ICPD General Order #99-11 (Arrests) • ICPD General Order #99-05 (Use of Force) - Revised page 4, 3(a) changed "and" to "or" • ICPD Quarterly/Summary Report (3~d quarter) - IAIR/PCRB, 2008 • Letter from Police Chief regarding Community Forum Motion carried, 4/0, Larson absent. Braverman asked if the color classifications on the general orders could be notated on the Board copies. Staff receives the general orders in color, but the Board had previously decided to receive them in black and white. Tuttle will notate the color classification on the general orders and continue to distribute them in black and white. Braverman inquired as to the when the in-car recording devices are activated and if there was a general order associated with that. Wyss responded that there was a general order, but also that the in-car recording devices are automatically activated when the red lights/emergency equipment are turned on. Officers are also encouraged to activate the device on all calls. However there are problems with mechanics on some of the machines and issues with range. Braverman asked if there was any thought on looking into a more portable device with a battery pack that the officers would wear to help with the range issues, instead of just having a mic and the recording device running from the vehicle. Wyss thought that the technology is probably out there, but whether there would be a problem with storage of all the media. He said that it was something that could be looked into. Braverman asked if Wyss could explain and categorize indictable offenses. Wyss stated that in general an indictable offense is a serious misdemeanor or above. A simple misdemeanor would be such as public intoxication or possession of alcohol under the legal age. The problem with public intoxication is that when they're arrested typically they can not take care of themselves, so it becomes a safety issue where you have to take them into custody. Occasionally someone with a disorderly conduct charge can be taken into custody if there is a threat that the behavior will continue. Indictable offenses are mandated by State law that the subjects have to be taken into custody and booked/processed. Those are higher level offenses such as serious assault or assault with injury, possession of a controlled substance, etc. NEW BUSINESS Follow up on Community Forum -The Board discussed what options they had to forward on the information received at the forum or any recommendations they had as a Board regarding that information. The Board agreed to form a subcommittee of Braverman and Yoder to compile the information and form a summary/recommendation that would be forwarded on to the City Council and/or the Police Chief. The subcommittee will report back to the Board at the November meeting. PCRB October 28, 2008 Page 3 Tuttle noted that at the forum during Captain Wyss' presentation, he made the distinction that there was not an informal and formal complaint process through the Police Department. It was more a matter of how the complaints are received and followed up on, and the level of involvement from the complainant. Tuttle asked the Board to take a look at the Information Sheet for Filing a Complaint to see if they agreed that it was somewhat misleading. The Board agreed to have Tuttle and Wyss work together to come up with draft changes for the next meeting. OLD BUSINESS None. PUBLIC DISCUSSION Dieterle thanked the Board for the Public Forum and the discussions they're having regarding passing the information on or making recommendations. Dieterle inquired in regards to the Presidents power to sign Executive Orders, and the possibility of him declaring Marshall Law, what happens with the Police Department's authority? Wyss and Pugh were not aware of the consequences. Braverman requested that Pugh take a look at that and report back at the November meeting. Braverman inquired what the Board's role was when receiving the IAIR/PCRB Quarterly/Summary reports from the Police Department. Pugh informed her that the Board accepts them and files them in to the record. Braverman thought that she and Yoder could look at those as a subcommittee and look into some type of registry per the charge of the Board. BOARD INFORMATION None. STAFF INFORMATION Pugh informed the Board that she and Braverman had met the previous month. Braverman had some legal questions as far as where has the Board been and where they were at. What cases the Board relies on and refers to a lot, questions on open meeting laws, or what the Garrity doctrine refers to, or why the Board handles the investigations the way they do. These were things that in the early years of the Board a great deal of time was spent on to figure out how the Board was going to work and what the policies of the Board would be. EXECUTIVE SESSION Motion by Yoder and seconded by Roth to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. PCRB October 28, 2008 Page 4 Motion carried, 4/0, Larson absent. Open session adjourned at 6:20 P.M. REGULAR SESSION Returned to open session at 7:07 P.M. Motion by Roth, seconded by Yoder to set the level of review for PCRB Complaint #08-06 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 3/0, Braverman abstaining and Larson absent. Motion by Yoder, seconded by Roth to set the level of review for PCRB Complaint #08-07 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. Motion by Roth, seconded by Yoder to set the level of review for PCRB Complaint #08-08 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 18, 2008, 5:30 PM, Lobby Conference Rm December 9, 2008, 5:30 PM, Lobby Conference Rm (RESCHEDULED TO 12116) • December 16, 2008, 5:30 PM, Lobby Conference Rm • January 13, 2009, 5:30 PM, Lobby Conference Rm Motion by Braverman, seconded by Yoder to move the December 9th meeting to December 16th Motion carried, 4/0, Larson absent. ADJOURNMENT Motion for adjournment by Braverman and seconded by Roth. Motion carried, 4/0, Larson absent. Meeting adjourned at 7:12 P.M. ~4 d O W w N H U W U .a O a O U 0 a ~ w o U a z~ dW A y, w H H d c ~ ~ ~ ~ ~ ~ ,-. .~ ' ~ ~ ~ x ~ o~ -~ yC >C O yC 5C ''; " ~ x x ~ ~ ' r o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ x ~ x c ~ i ~ ~ ~ ~ ~ M N ~ ~ ~ ~ ~ i i N z z z z z ~ ~ ~ ~ ~ i ti ~ 0 a o 0 0 0 w~ ~, w ~, a ~, a a a w ~ ~ ~ ~ z ~ ~ o a ~~ ~~ b --~, ~ = ~~ o ~ o o ~ ww ax c7 ~a A d~ tiaa ,- a~ A c "~ 6~ L v, y ~ ~ yc ~ E w .r C~ ~ y y a~ ~ a,Q~zz ~oOZ 4b 6 MINUTES APPROVED HISTORIC PRESERVATION COMMISSON THURSDAY, OCTOBER 9, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Esther Baker, Lindsay Bunting Eubanks, William Downing, Pam Michaud, Ginalie Swaim, Alicia Trimble, Frank Wagner MEMBERS ABSENT: Thomas Baldridge, Jim Ponto, Viktor Tichy STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Helen Burford CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. DISCUSSION OF PUBLIC FORUM: Bunting Eubanks said that there is a virtual forum update in the Commission's packet. She said that perhaps the Commission would want to have a 30-minute forum instead of an hour. Bunting Eubanks suggested the Commission discuss what it wants to cover and then get help from Kuecker in building those segments. Bunting Eubanks suggested a piece on the Salvage Barn or a segment on typical things that need to meet guidelines, such as windows and siding, or a segment on introducing new guidelines. She suggested the Commission come up with a list of items and then narrow it down to perhaps five segments with five minutes for each item on the list and then perhaps five or ten minutes for questions and answers. Kuecker said there was some concern about people not calling in with questions and having some dead space. She said the idea was to have people submit questions beforehand and also have a live call-in segment at the same time. Bunting Eubanks said that if there are more questions phoned in, the forum could stay available to answer questions without being on the air. Trimble suggested that one of the biggest issues with things being done correctly concerns windows. Swaim said that another issue is the need to apply for a permit in the first place. Kuecker said the Commission wanted to include a combination of naming things that must be done along with showing the best way to do them. She said that home improvement tips will hold people's interest. Swaim asked if there is any example of the process showing changes that a homeowner has made that would make a very compelling case visually. Bunting Eubanks said the Commission had talked about using a historic preservation award winner with before and after photographs. She said that might be a good thing to be done at the beginning, with Commission members introducing themselves and talking about historic preservation successes in the City. Downing suggested having a segment of the boundaries of current districts. Bunting Eubanks said Friends of Historic Preservation could do a piece on its organization. Bunting Eubanks asked if Burford would be willing to come and introduce herself and the organization on camera. Kuecker said it would be most effective if Commission members help develop the segments. She said she is available to help and do a lot of the work, but it won't be as effective if she does all the work versus the public hearing the voices of people who live in the community and are on the commission. Wagner asked, assuming there is a segment on how to restore something, if there could be a crew to come out and film the process. Kuecker said it would be possible to have something pre-recorded. Swaim asked if the Wetherby exterior is complete. She said that would be a good example that could be filmed. Burford said there was a series of videos done by the Mount Vernon Historic Preservation Commission. She said that once a year a specialist was brought in to do some kind of seminar, and they were videotaped over the years to produce a library of preservation techniques. Swaim said that could give the Commission some topic ideas, but Historic Preservation Commission October 9, 2008 Page 2 noted that the examples shown should be local. Bunting Eubanks said that any in the field segment would be the first thing to accomplish. Kuecker said she would contact the people working on the Wetherby House. Bunting Eubanks said that the Wetherby House presents an interesting case that a lot of people have heard about. Swaim said she likes the idea of having segments on a couple of different things, including different styles and ages of houses. She said there will be a lot of opportunities for the Wetherby House to continue to be a storyteller. Swaim said that if the Commission is trying to build an audience, a small old cottage may not appeal to someone with a 1920s house. Bunting Eubanks suggested that segments could be done on both. She said there could be a segment on the Wetherby house, a segment on typical housing styles in the area, a segment on the guidelines; a segment on the area boundaries, a meet the Commission segment, and possibly questions for five to ten minutes. Bunting Eubanks said she wanted it to be organized, and that more than five minutes on any one thing might lose the audience's interest. Michaud said that in the beginning the Commission will want to have something visual that people can relate to. She said it could be three examples of architecture or maps of neighborhoods. Michaud said that then it could move into when a building permit must be applied for and then move on to guidelines or a before and after segment of common repairs. She said there is a lot of material to be drawn from. Michaud said there could also be a reference for getting information from Friends or the Salvage Barn. Swaim said that, in terms of the guidelines, that could easily be boring. She suggested comments on what the basic goals of the guidelines are and then information on how to access them. Kuecker suggested referencing the guidelines on windows and then giving a tip on windows. She said the how-to should keep people's attention, and then there could be a reference to the guidelines in between. Michaud suggested the segments encompass the need for a permit; implications of a certificate of appropriateness; the guidelines, specifically for windows and rooflines; the fact that there are many more points; and the fact that help with the process is available. Bunting Eubanks said she likes the idea that the guidelines for windows can be read and then an example can be shown so that the forum can focus on the guidelines that people have the most problems with. Kuecker said the issue of interior gutters has come up frequently and would be a good item to discuss. Michaud added that with regard to windows, it could be pointed out that it is good not to just use plain sash, with comments about muntin bars and design. Bunting Eubanks said there are a lot of examples in Iowa City to use. Regarding guidelines, she said the forum could cover windows, siding, built-in gutters, and how the guidelines differ from the Building Code. Swaim suggested the forum also include some information on porches. She said that it is a very simple concept to convey, in terms of scale and style, but she said it makes a big difference on the house. Kuecker agreed that discussion and examples of windows, siding, built-in gutters, and porches would probably cover most of the applications the Commission receives. Bunting Eubanks said she liked Michaud's proposed order starting with inspirational photographs and then maps. Swaim said this would point out how some changes improve and increase value for the whole community. Kuecker said it will be important to keep the comments positive. Bunting Eubanks said there could be a link to the segments of the forum on the website. Kuecker said it might work to discuss gutters and roofs together. She said it could be pointed out that if a homeowner goes below the shingles, a permit is needed. Bunting Eubanks asked if there was enough information to cover without mentioning the Wetherby House. Swaim replied that some of the points the Commission really wants to get across clearly might work well as bulleted points. Bunting Eubanks said that it could be very simple. Swaim said that the Wetherby House could be discussed at a future forum. Bunting Eubanks said that separate segments could be redone as needed over time, particularly the question and answer session. Historic Preservation Commission October 9, 2008 Page 3 Bunting Eubanks stated that notification could be sent to area realtors. She suggested that the sessions be pieced together, but the question and answer session would need to be live so that people could call in. Bunting Eubanks said there would be the bullet points, the video, and then the live question and answer session at the end. Michaud said there would need to be diagrams, particularly of something like built-in gutters and perhaps divided light windows as well. Kuecker replied that staff is attempting to create illustrations as the guidelines are being rewritten, so those illustrations would hopefully be done and available before the forum. Bunting Eubanks suggested that there be a test run of the forum, perhaps at the Commission's January meeting. She said that if all runs smoothly, the forum could be done in February. Bunting Eubanks agreed to help Kuecker with the PowerPoint presentation. She said that if the Commission wants to do something onsite, such as the Wetherby House, that will need to be done before the weather turns. Bunting Eubanks suggested something on the Wetherby House be done now, and it could be used as filler if there isn't enough information for the entire forum. CONSIDERATION OF MINUTES FOR SEPTEMBER 11.2008 MOTION: Baker moved to approve the minutes of the Commission's September 11, 2008 meeting, as written. Wagner seconded the motion. The motion carried on a vote of 7-0. SELECTION OF HISTORIC PRESERVATION AWARD WINNERS: Kuecker stated that originally the Commission had felt that the award winners could be selected by staff and the chair, but since then it was decided that it would be better to have the entire Commission participate. Kuecker said that she had narrowed down the nominations to about 45 properties. She said that when she looked at the properties, compared them to the guidelines, and determined when the projects were completed, she then was able to decrease the number of properties to 30. Kuecker said that it is okay if all of the 30 receive an award. She said there is no obligation to determine that one paint job is better than another. Kuecker said she just wanted to introduce all of the nominated properties to the Commission for input but did not feel the Commission would need to spend a great deal of time on any one property. The Commission discussed properties nominated for the historic preservation awards and selected the winners by consensus. Kuecker said she would be sending a letter to all of the owners to get information, including more before pictures and to find out who did the work. She stated that the awards ceremony would be held on November 10`h Kuecker stated that the Johnson County Historic Preservation Commission wanted to recognize a couple of properties. She said the issues are whether they meet the standards and if it is something the Commission wants to endorse. Kuecker pointed out that the awards ceremony is sponsored by Friends of Historic Preservation and the Iowa City Historic Preservation Commission. Kuecker said that one property had a restoration and addition. She said that owners of both of the County properties wanted to recognize the use of recycled materials. Kuecker showed before and after photographs of the first property. She said there has been an addition to the rear of the property and some dormer additions. Kuecker said she feels strongly that the other property does not deserve a historic preservation award, but it may, if the Commission wants to recognize the use of recycled materials, receive some type of award. Burford said that the owners of this property really wanted to use recycled materials, and the contractor was very adept at using the materials that had been collected. Kuecker showed before and after photographs of a stable in Solon that was restored. Downing said he has seen this property, and it is a striking restoration. Kuecker said there is some interest in making the building an art gallery. Bunting Eubanks suggested the Commission, in order to keep a good relationship with the County, select one of the three properties for an award. The consensus of the Commission was to select the third property for an award. Historic Preservation Commission October 9, 2008 Page 4 Bunting Eubanks said that a lot of the before and after pictures of the houses would go well with the forum in that they show the progression of a project. Burford said she thought it was good to recognize as many projects as possible because of the economy. She said that money is so tight that next year there may be a real problem finding projects, but the awards encourage people to do the work and spend time thinking about these things. Burford said the women who used the recycled materials wanted to support a way for people who don't have money to consider repairs by putting sweat equity into the material. Swaim said that the properties mentioned by Kuecker that reused materials -windows, siding, and flooring, give an opportunity to mention recycling efforts. Burford said there are many local examples of people using recycled materials for construction projects. She suggested they be eligible for some type of commendation. Bunting Eubanks said the projects that used recycled materials could receive some kind of green star. She said that when Kuecker contacts the owners, there could be a question about whether or not they used recycled materials. Burford said there were a few houses in Coralville for which no one responded, but they actually received some funds from the state. She said that could be part of the presentation. Kuecker said the flooding could be mentioned, but she didn't think too much time should be spent on that. She said it could be mentioned that the Ashton House is a National Register property that is being restored with help from a grant by the State. OTHER: Summarv of Statewide Historic Preservation Conference. Kuecker stated that Bunting Eubanks has requested a short presentation about the Conference in Sioux City. Kuecker stated that this was one of the most organized, best presented conferences she has ever attended. She said that the quality of speakers and the venues at the conference were interesting. Kuecker said the architecture left in downtown Sioux City is amazing, and one of the greatest buildings she has seen is in Sioux City. Kuecker proceeded to describe the sessions she attended and her impressions of Sioux City. Bunting Eubanks said that one of the Commission members, Tichy, has attended only one meeting since being appointed in March. She said that she and Kuecker have each e-mailed him regarding his term on the Commission, but neither has received a response. Swaim said future a-mails could state that if there is no response within a certain time frame, there will be an assumption that he is willing to resign. Bunting Eubanks said there is a letter that needs to be sent to the Mayor to remove him from the Commission, and she wanted to ensure that was acceptable to the other Commission members. The consensus of the Commission was to send the letter to the Mayor. Kuecker said she was made aware of a project that was not being completed as approved. She said the homeowners would like to come before the Commission, possibly at a second October meeting, in order to get their windows replaced for winter. Bunting Eubanks asked if it would likely be approved by the Commission. Kuecker said she had informed the homeowners that the project would probably not be approved. Kuecker said the owners applied to replace the windows on a house in a conservation district. She said she and Bunting Eubanks reviewed the application as an intermediate review. Kuecker said the owners have now not installed the windows as they said they were going to. She said there were two windows beside each other with a four-inch mullion in between. Kuecker said the owners have eliminated that mullion, and the windows now butt up each other with about aone-inch mullion in between. She said that the house now looks significantly different, and the rhythm of the windows has been altered quite a bit. Kuecker said the owners state that they need the windows this way for egress, but it is not likely that there is a bedroom in every location and there is no need for multiple egress windows in each bedroom. Swaim said that if the windows are not likely to be approved, there isn't a reason to waste staff s, the Commission's, or the homeowners' time. Bunting Eubanks agreed she would not want to give the owners false hope. Bunting Eubanks said that if an applicant is not going to follow the certificate that has been issued to him, that is his own Historic Preservation Commission October 9, 2008 Page 5 fault. Michaud said she did. not know what the recourse would be. Kuecker said the owners have the option of putting in the windows as they were originally approved. Kuecker said that the owners came through historic review but never got their building permit. She said that if the homeowners would have received a building permit, they would have known which windows had to be egress windows, and the Building Department would have had them come back to Kuecker and ask for what they wanted. The consensus of the Commission was that this does not warrant a second October meeting. Kuecker said she would notify the homeowners that they would be on the November agenda. She added that now the Building Department will not issue a building permit until this issue is resolved with the Commission so that the owners cannot proceed on any work for the time being. ADJOURNMENT: The meeting was adjourned at 7:37 p.m. Historic Preservation Commission Attendance Record 2008 Term 1110 2128 3h3 4110 518 5122 6112 7110 7124 8/14 8128 9111 1019 Name Expires Baldridge 3/29/11 -- -- -- -- -- -- X O/E X X X X X X X O/E Baker 3/29/09 X X X O/E X X X X X X O/E X X Brennan 3/29/08 X O/E O/E -- -- -- -- -- -- -- -- -- -- --'- '- -- -- -- -- -- -- -' Downin 3/29/10 X X X O/E X X O/E O/E X X X O/E X Eubanks 3/29111 O/E X X X X X X O/E X X X X X Michaud 3/29/09 X X X X O/E O/E X X X X X X X Ponto 3/29/10 X X O/E X X X X X O/E X 0/E X O/E Swaim 3/29/09 X O/E X O/E X O/E O/E X X X X O/E X Tich 3/29111 -- -- -- -- -- -- O/E X O/E O/E O!E O/E O/E 0/E O O Toomey 3129/09 X O/E X X X X X -- -- -- -- -- -- -- -- -- -- -- Trimble 3/29/10 x O/E X X X X O/E X X X O/E X X -- -- -- -- -- -- X X X Wagner 3/29/09 -- -- -- -- -- -- -- -- -- -- -- -- -- -- Weitzel 3/29/08 O/E X X -- -- -- -- -- ° -- -" -' -- -- -- -- -- -- -- Key: X =Present O =Absent O/E = AbsentlExcused 4b 7 MINUTES HISTORIC PRESERVATION COMMISSION MONDAY, NOVEMBER 3, 2008 EMMA J. HARVAT HALL APPROVED MEMBERS PRESENT: Esther Baker, Thomas Baldridge, William Downing, Lindsay Bunting Eubanks, Pam Michaud, Jim Ponto, Ginalie Swaim, Alicia Trimble, Frank Wagner, MEMBERS ABSENT: none STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Mary Ann Hendrickson, David Lacina, Mark Smith, Sonja Zeithamel CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS: 524 North Johnson Street. Kuecker said this application is to replace the standing seam metal roof on this building with a synthetic wood shingle roof. She said the property is on the National Register and is also a local landmark. Kuecker said that the building is the Czechoslovakian Protective Society's Meeting Hall and has been very important to the history of the Goosetown Neighborhood and its Czech immigrants. Kuecker stated that approximately ten years ago the applicant replaced the standing seam metal roof with a new standing seam metal roof. She said the applicant has had problems ever since. Kuecker said that approximately one to two years after the roof was installed it was leaking. She said the owners put a protective coating on the roof, but another one to two years later it started leaking again. Kuecker said that another protective coating was put on, but at the present time, a couple of years later, the roof is leaking again. She said that the original contractor has gone out of business, and the new contractors that have been contacted are not confident in another sort of sealant working. Kuecker said the applicant has therefore looked at other solutions. She said that the owner said that when the original metal roof was removed, there was a wood, shake shingle roof underneath it. Kuecker said this and historic photographs have led the owner to consider using a synthetic wood shake style shingle to replace the metal roof. Kuecker said that she contacted Jack Porter of the State Historic Preservation Office and Marlys Svendsen to get some historic preservationists' views on this. Kuecker said the consultants told her that based on the two historic photographs, it is hard to tell that it was a wood shingle roof, but it is obvious that it was not a standing seam metal roof. She said Porter stated that it was probably wood or possibly a metal shingle roof, and he would recommend a wood, slate, or high quality asphalt shingle. Kuecker said Svendsen noted that the previous standing seam metal roof had become a historic alteration that has become acharacter-defining feature of the building, as it had been on the building, prior to its replacement, for approximately 80 years. Kuecker said at the time she spoke with Svendsen, she did not yet have the information about there being a wood roof underneath. Kuecker said Svendsen stated that without knowing the previous material choice, she would recommend the metal roof. Kuecker said the Commission needs to determine if the standing seam metal roof is a historic alteration that is worth preserving or if it would be appropriate to return it to the appearance of a wood shingled roof. Kuecker showed some photographs of the interior damage. She said there is significant damage in the auditorium, which is a significant part of the history of the building. Kuecker pointed out that a decision must be made so that work can be done before further damage occurs. She showed a photograph of a Historic Preservation Commission November 3, 2008 Page 2 house with the same roofing material that is proposed and a photograph of a National Register property with the same type of roofing material. Smith, representing Smith and Wood Construction, said that he was contacted to submit a proposal to replace the roof. He said he had two products available, one of which is the synthetic material shown in the photograph of the National Register property. Smith said that it is a simulated wood shake that is basically a plastic property with a UV protection and a 50-year warranty. He said he has used the product before. Smith said he also submitted a proposal using a couple of different asphalt products. He showed the presidential series that has a 50-year warranty and said it is used frequently in applications such as this. Smith said it is the heaviest asphalt shingle that has a simulated wood look. He showed another asphalt product that is the same quality and weight of shingle and is also used quite often in this type of application. Smith said that one has more of a slate look and is the type of shingle that is on Saint Wenceslaus Church and Saint Mary's Church. Bunting Eubanks said the application refers to the flashing being of high quality to make sure there are not future problems. Kuecker said that both Porter and Svendsen stated, and she agreed, that in order to ensure along-lasting roof, a high quality flashing material should be used. Kuecker said that oftentimes the flashing is the component that fails first. Smith commented that there is not a lot of flashing on this roof; there isn't any sidewall flash to speak of; it is just a big hip roof. He said that at the base where the parapet roofs are, he proposed to use TPO, a synthetic project used on commercial properties that is probably the best product for that application. Baldridge asked about the cost variations of the products. Smith said the two asphalt products have the same cost. Kuecker said the DaVinci shakes and the standing seam costs are in the packet but the asphalt products are not. Smith said that the DaVinci shingles would be $83,480, and the asphalt shingles would be $55,200. Bunting Eubanks asked if the applicant has a preference about the material to be used. Hendrickson replied that the Board of Trustees was running toward the DaVinci/shake look. She said that they did not discuss the asphalt shingles. Hendrickson said the asphalt shingles have a 50-year guarantee, and it is a good quality asphalt. Zeithamel said that ten years ago when the standing seam roof was put on, it was installed incorrectly. She said that was a huge expense for anon-profit organization. Zeithamel said they cannot do that again, that they need to have the roof installed correctly. Wagner said the presence of shingle roof could be found if one crawls into the crawl space, remnants of the original roof will be found. He said the question then is not that originally it was a shingled roof. Wagner said that as far as whether the roof is the DaVinci shingle or the asphalt it depends on what the durability of the asphalt shingles versus the DaVinci, if there is a big hailstorm for example. He said that it is guaranteed for 50 years, but if there is a big hailstorm one might actually weather a little bit better than the other. Smith stated that in his opinion, the DaVinci roof would hold up better through a hailstorm by virtue of his having worked with the materials before. Michaud said that a windstorm is a little more common, and it seems like that would be a little easier to blow off. Smith said they are warranted up to 90 miles an hour, and he puts them on with stainless steel rim shank nails. Wagner said the proposal says that with the metal roof, it is proposed to put on OSB sheeting, whereas Smith has plywood CVX. Wagner said that that the CVX would be more durable and would be better for the school in the long run. Swaim asked where else Smith used the DaVinci roof. Smith said he only used the DaVinci shingles once, up on Prairie du Chien Road. He said it is a fairly new product. Swaim said that up close, the sample material looks very rubber like. She said that the appearance is important as well as the durability. Smith said he has heard that they are molded from actual wooden shingles. Historic Preservation Commission November 3, 2008 Page 3 Ponto said Smith mentioned that the product has a UV protectant. He said one concern would be how well the shingles would truly hold up for 50 years. Ponto said that plastics do tend to become brittle and break. He said that he would like to have more information about longer-term durability, even though it is not yet available for this fairly new product. Michaud said that she would be concerned about uneven fade. She said there are four sides showing so that one easily sees two sides at a time. Michaud said the material seems brittle. Smith said it is a rigid plastic. He said it does not have any recycled rubber. Downing asked when the original standing seam roof was put on over the shingles. Kuecker said she believes it was done around 1914. Downing asked if the owner had considered a membrane roof, which has battens on it to simulate the standing seam ridges. He said it is a vinyl, single-ply membrane roof with vinyl battens glued on it to give the appearance of a standing seam roof. Smith said he was not familiar with that type of roof. Swaim asked Kuecker if she could explain Svendsen's point about historic alteration and if it means that we're recognizing the historic integrity of the change. Kuecker said that is correct. She said there is the original, and then there was an alteration to the building that has achieved a historic significance, meaning that it is greater than the 50-year time frame and is also from the era when this building was significant. Swaim and Bunting Eubanks said that makes this kind of a tossup. Baldridge said that the second roof has a very poor track record. Downing said that the first metal roof lasted 70 to 80 years, but the replacement did not last. He said that probably the shake roof flashing into the vertical parapets on the corners didn't work. Downing said that now there is better flashing to handle that situation. Michaud said she has two concerns, one of which is that this scuffs readily. She said she can see fine abrasions on it diagonally, and it is easy to scratch. Michaud said she does not believe the material is in the Secretary of the Interior Standards for approved materials. Kuecker said that it is such a new material that it has not been incorporated or even considered. Michaud said that since it is such a big question mark, she did not know why someone would want to spend $30,000 more on it. Bunting Eubanks agreed that the asphalt shingles are significantly cheaper. Kuecker pointed out that the asphalt shingles are an approved Secretary of the Interior medium. She stated that Porter did make a recommendation for asphalt shingles. Bunting Eubanks asked Hendrickson if the Board of Trustees would be okay with using the less expensive, asphalt material. Hendrickson confirmed this. Baker said that in the past, when considering a new material, the Commission has spent some time doing research on it. She said she was not certain that there was enough information to use the new product, but there is not the luxury of time to do the research, because there is damage being done at this time. Smith said that he would really like to propose the DaVinci shingles, because he has used them before and thought it was a good product that would hold up well. He said, however, that 90% of the work he does is with asphalt shingles, and he has no problem with that. Baldridge asked Hendrickson if she has heard from the Board as to which of the materials it wants to use. Hendrickson said that when the Board met, it discussed bids for the standing seam metal roof and the DaVinci roof. She said just that day, Smith was asked about the asphalt shingles and the bid was developed. Hendrickson said the Board discussed it and came up with the DaVinci as its first choice, and the second choice was the asphalt. She stated that the Board really did not want to go with the metal roof. Baldridge asked if it is incumbent upon the Commission to approve a specific material. Bunting Eubanks responded that if the Commission finds either material acceptable, the choice can be left to the applicant. She said if one of the choices is not acceptable, the Commission can specify. Historic Preservation Commission November 3, 2008 Page 4 Michaud said there is a huge difference between the materials. She said she had no confidence in a decision to suddenly approve a PVC type product. Michaud said that it might seem more authentic, but it is very regular, and cedar shakes were not regular or uniformly cut. She said there are other shingles that look less jagged than that one that simulates cedar shakes. Smith said that the shingles are shown in a straight line, but in installation, they can be staggered. He said that would get rid of some of the uniformity of it. Smith said he proposed to install them with a slight stagger. Bunting Eubanks said that the issue with the metal roof seems not to be the roofing but the way it was put on the building. She asked if there is a higher likelihood that the asphalt would be put on correctly because of having more experience with the product. Smith stated that they go on the same as a wood roof, which he has done a lot of. Michaud asked if there are holes pre-drilled in the material for the nails so that there is no chance of it splitting. Smith said there are not. He said he has been out in sub-zero weather with these trying to get them to split, and they stay flexible in the cold weather. Smith said he has not had any trouble with nails splitting the shingle. He said that there are designated spots on the shingles where they are supposed to be nailed. Swaim mentioned the Pueblo courthouse used as an example for the DaVinci product. Kuecker said the building is on the National Register, but she did not know when that roof was installed. Swaim added that the climate there is probably very different from Iowa's. Ponto said there is some precedence though that the material was accepted for use on a National Register building. Bunting Eubanks asked if anyone had an objection to either material. Hendrickson said the Board felt that either product would work well but did not want to use the metal. She said the Board felt the new, shake product looked more like the original than the standing seam. Hendrickson said the Board was trying to find something the Commission would agree to. She said that the Board could save $30,000 by using the asphalt. Hendrickson said the Board did not start with the asphalt, because it felt the two questions would be between the standing seam and the DaVinci shingle. Wagner said that one thing to keep in mind with the shake is what is the guarantee, particularly if the roofer goes out of business, will the guarantee carry over. He suggested the Board consider exactly what the guarantee would cover. Smith said that both products have very specific warranties. He said he didn't think fading was covered under either product. Smith said that it is mostly just blow off that is covered. He said that DaVinci is a little bit better in that the guarantee covers material and labor, but the asphalt shingle warranty covers just prorated material only. Smith said both products have transferable warranties whether his company is in business or not. Baldridge said he felt the Commission should approve both roofing materials and let the Preucil Board make its own decision. Kuecker said the question is whether the new material meets the Secretary of the Interior Standards. Baker said that when faced with a new material in the past, the Commission has spent a month or more researching the material. Michaud said the fact that the product has been used once in the area and once in the Southwest is not a very broad sample. Bunting Eubanks asked if the Board would go for the asphalt if given a choice. Hendrickson said she thought the Board would agree to that. Bunting Eubanks said she did not think it would necessarily cause a conflict if the Commission only approved asphalt. Baldridge said the only thing is if the Preucil Board is enamored of the shake appearance over the asphalt. Hendrickson said that she is not worried about installation, because Smith has done good work on the building before. Hendrickson said that it is probably down to which product will hold up the best, and she is sure that if the Commission doesn't agree on the shakes, the asphalt will be fine, because that was the second alternative. Historic Preservation Commission November 3, 2008 Page 5 Swaim said that since the Commission's job is to protect the building for the long-term and since the record of the DaVinci material is unknown, she was inclined to think the asphalt is the best choice. MOTION: Swaim moved to approve a certificate of appropriateness for an asphalt wood shake- style shingle roof with a high quality flashing material for the roof for 524 North Johnson Street. Ponto seconded the motion. Downing said he is a little surprised that the Commission is throwing over a standing seam roof so easily. He said the Commission and School should consider this alternative. Hendrickson said the problem with that is that it would go way into next spring again. She said the building is incurring so much damage right now. Michaud said that since the first layer was cedar shakes, it seems quite legitimate to go back to that. Wagner said that there is no telling that maybe over the cedar shakes there was some asphalt shingle before the metal was put on. Michaud asked if there would be any insulation added in the ceiling. Smith said that would not be part of this project, as this is a ventilated attic space. Wagner said the important thing in the bid is that one is putting the CVX, which is plywood, over the one by six, which adds strength. He said that sometimes they pull out the one by and put the plywood down and it become wavy. Wagner said that for a heavy shingle like that you need that extra support. Smith said that the majority of the nails would be going through the plywood into the one by, which gives good nail holding power. Wagner said that the other thing that is important for this is the ice guard along the edge. Smith said that he plans to cover the entire roof with it. Wagner said that would be even better. Ponto said that the DaVinci material seems promising, but he did not feel the Commission has quite enough information yet to approve it. He said he is not necessarily skeptical, but he is just not confident, given the available information. Swaim asked if the little points up on the ends will be in place. Smith said he did not intend to. He said he planned to just use the regular hidden ridge shingles, which would have been part of the original wood roof. Michaud said that she walked around the building and noticed the flare around the edge. She said that flare would need to be maintained. Smith said that the flare would be maintained. The motion carried on a vote of 9-0. ADJOURNMENT: The meeting was adjourned at 5:56 p.m Minutes submitted by Anne Schulte s/pcd/mins/hpc/2008/hpc 11-3-OS.doc Historic Preservation Commission Attendance Record 2008 Name Term Expires 1/10 2128 3/13 4110 5/8 5/22 6/12 7/10 7/24 8/14 8128 9/11 10/9 11/3 Baldridge 3129111 -- -- -- -- -- -- X 0/E X X X X X X X 0/E X Baker 3/29/09 X X X O/E X X X X X X O/E X X X Brennan 3/29/08 X O/E O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Downin 3/29110 X X X 0/E X X O/E O/E X X X 0/E X X Eubanks 3/29/11 O/E X X X X X X O/E X X X X X X Michaud 3129/09 X X X X O/E O/E X X X X X X X X Ponto 3129110 X X O/E X X X X X 0/E X O/E X 0/E X Swaim 3129/09 X O/E X O/E X O/E O/E X X X X O/E X X Tich 3/29111 -- -- -- -- -- -- 0/E X O/E 0/E O/E 0/E O/E O/E O O -- -- Toome 3129/09 X O/E X X X X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- Trimble 3/29/10 x O/E X X X X O/E X X X O/E X X X Wa ner 3/29/09 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X Weitzel 3/29/08 O/E X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Key: X =Present O =Absent O/E = AbsenUExcused 4b 8 MINUTES APPROVED PLANNING AND ZONING COMMISSION NOVEMBER 6, 2008 - 7:30 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Wally Plahutnik, Tim Weitzel, MEMBERS EXCUSED: Elizabeth Koppes, Michelle Payne STAFF PRESENT: Karen Howard, Bob Miklo, Sarah Greenwood-Hektoen OTHERS PRESENT: Scott Murray, Mark Hamer, Jim Greazel, Don Flannery, Noel Bree, Craig Dahlen, Tom Huber, Isabella Vine, Greg Redlin, Lori Dahlen, Bart Cramer, Janet Dahlen, Gregg Geerdes, Tim Krumm, Joyce Barker RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY_ITEM NOT ON THE AGENDA: None ANNEXATION /REZONING ITEM: ANN08-00001/REZ08-00009/ANN07-00001/REZ07-00006: Discussion of applications from the Veronica Prybil Trust and the Iowa Interstate Railway for annexation and rezoning from County Residential (R) to Interim Development Industrial (ID-I) for approximately 179 acres of property located adjacent to 420`h Street, west of Taft Avenue, and for the Iowa Interstate Railroad right-of- way between Industrial Park Road and Taft Avenue. Busard announced before discussions began that he had worked with the property in question in his professional role in the Planning and Zoning Department for Johnson County. As a result, he excused himself from discussions and abstained from considering the matter. Howard shared a graphic outlining the properties in question. The property is located near Scott Boulevard, Taft Avenue, 420`h Street and Highway 6. Howard stated that the City is in the process of purchasing the land owned by the Veronica Prybil Trust. She stated that there are three considerations for annexing property into the City. The first consideration is whether the area falls within the adopted long-range growth boundary of the City. The property in question is within the city-growth limit that can be served by City water and sanitary sewer, an area generally determined by watershed. Howard said that because this land is so close to the growth area limit, Staff had the City Engineer look at this property Planning and Zoning Commission November 6, 2008 -Formal Page 2 and its topography in detail to make sure it all can be sewered and the City Engineer has confirmed that it can be. Howard said that the City's intention is to purchase this property from the Veronica Prybil Trust with the goal of bringing it into the industrial tax-base for the city. Currently, Iowa City has a lack of industrial land, particularly large parcels. Howard said that recent requests from large industries wishing to locate in Iowa City had to basically be turned away for lack of an industrial parcel large enough to accommodate their needs. Howard said that with that in mind the City Council and the City Manager saw this purchase as an opportunity to acquire some land to increase industrial land in the area. In this way, the second consideration for annexing land -fulfilling an identified need for the City --- has been met. The third consideration for annexing land is whether control of the development is in the City's best interest. The parcel falls within the long-range planning boundary of the City, fulfills an indentified need for industrial land, has access to rail service (which is important for industrial development), and is located near arterial streets. Staff feels that this annexation and rezoning is in compliance with the Comprehensive Plan, as it is in the Southeast District of the City and is identified in the plan as an area of potential industrial growth. Howard said that the City has plans in its Capital Improvement Program to improve 420`n Street between Highway 6 and Taft Avenue in the near future (FY09/10). Water service will be extended along 420`n Street when the street improvements are made, and sanitary sewer service can be extended from a branch from the Scott Boulevard Trunk Sewer. The sensitive areas map indicates that there are some hydric soils in the area that will have to be taken into account prior to future development. Staff recommends that the Veronica Prybil Trust land be annexed and rezoned to Interim Development (ID-I) and the Iowa Interstate Railway land be annexed and rezoned to General Industrial (11 ). Howard offered to answer questions from the Commission. Eastham asked if Staff had any comments on the rationale for including the area south of 420`n Street in this industrial zone. Eastham noted that there was a not a detailed District Plan for this area yet, and said that he wondered if in the future there would be an interest in commercial or residential zoning in that triangular parcel of land sandwiched between 420`n Street and Highway 6. Howard said that given the small size of the area it would not be appropriate for residential as a buffer zone would be required between industrial development and residential development. Howard noted that that piece of property was not actually under consideration at the present, but that its zoning would be consistent with industrial zoning already in the area. Miklo added that the pattern has been that anything west of Scott Boulevard and north of Highway 6 is zoned industrial. Miklo noted that the land is also relatively flat, which is desirable for industrial development. The Commission had no further questions for Staff. Freerks opened the public hearing -Mark Hamer, 4569 Jenn Lane NE, Iowa City, identified himself as an attorney for Meardon, Sueppel & Downer, and a representative of E&L Prybil Partnership. Hamer noted that E&L Prybil was not the applicant. Hamer distributed maps to the Commission for consideration which showed an 80-foot tract of land running through the Veronica Prybil property. On April 3, 2008, the E&L Prybil Partnership entered into a purchase agreement with the Veronica Prybil Trust to purchase the 80-foot tract of land. The purchase was subject to court approval, which was granted on August 7, 2008. Hamer said that his client has an interest in that parcel. The purchase was also subject to an easement agreement, which the purchase agreement required to be submitted within twenty days from April 3, 2008. Hamer said that the easement agreement was submitted in the timeframe required by the purchase agreement. Hamer said the easement was left with the Prybil Trust for review and consideration, and nothing more was heard until October 27, 2008 - a date after the application for annexation and rezoning was filed. Hamer said Planning and Zoning Commission November 6, 2008 -Formal Page 3 that his office and client have not had ample time to assess the impact of the revisions set forth by the Trust. Hamer said he wished to make clear that at the time of the purchase agreement his client agreed to be a cooperative co-applicant in the annexation/rezoning process; Hamer said that the fact that his client is not listed on the application must have been an oversight. Hamer said that their easement speaks in terms of the usage of this parcel, part of which may be impacted with the railroad crossing over it. Hamer said that he fully anticipates agreeing to this annexation and rezoning, and to being a co- applicant in the matter; however, given that his office has not had adequate time to assess the changes made to the easement and how the annexation process might affect it, he asked that the Commission defer the matter until their next meeting. Hamer noted that there is a court hearing set on the approval of this sale on the 19"' of November, and that the next Commission meeting is November 20"'. Hamer said he believed it would be appropriate for this matter to be deferred, and said that he would be happy to take any questions. Freerks asked if Staff was aware of the complication referenced by Hamer. Howard said that Staff and the City were aware of these issues, and that the purchase agreement between the Veronica Prybil Trust and the City was contingent on the 80-foot parcel (E&L Prybil Partnership's interest) also be annexed at the same time. Howard said that the City has also been in conversations with E&L Prybil over the last two years about annexing their property. However, Howard said that in the last 6 months the City has had to turn away several interested industrial developments due to lack of available land. While the City is interested in working with the E&L Prybil to annex their property, the City Manager and City Council decided to move forward to pursue this opportunity to acquire land to meet the current need for industrial land rather than wait until E&L Prybil were ready to annex. Howard emphasized that the City continues to be interested in negotiating with them to annex their larger piece of property. Eastham asked what larger piece of property Howard was referring to. Miklo said that E&L Prybil owned property to the north and west of the Veronica Prybil Trust property, as well as property to the north of 429`h Street. Miklo said that he believed that one of the reasons E&L Prybil wanted to buy this piece of property was to provide access to both sides of the railroad track. Hamer explained that E&L Prybil has maintained an easement for many years with regard to the fields to the north and access to the south. Hamer said that through discussions over time with the Prybil Trust an agreement was made to purchase this 80-foot strip and provide an access easement back to the Trust. Hamer said that he wished to reiterate that they fully anticipate cooperating and being a co-applicant with this annexation, but that the problem was that they had not received the revised easement language until October 27"'. Hamer said the deferral request is to give them time to sort out the changes made to the language since the document was drafted six months ago, particularly with regard to when any type of utilities might be added, the timing of crops, etc. Hamer said the request is simply for a deferral until the Commission's next meeting. Freerks asked Staff if there was any limitation date for the annexation. Howard replied that there is not. Plahutnik noted that the applicant was the Prybil Trust who was asking the City to annex the property. He asked if outside concerns such as the purchase, the courts, and the easement agreement are entirely outside of the Commission's purview, or if it can be taken into consideration. Howard said that it is certainly within the Commission's purview to defer the matter; however, whether or not the issues mentioned are pertinent to the Commission's decision may be another matter. Howard said it certainly would not be unusual for the Commission to take two meetings to consider the annexation. Don Flannery, 2909 Gilmore Avenue, Des Moines, spoke on behalf of his mother who is the property owner directly north of the Prybil Estate, from Taft Avenue west on the northern fence-line. Flannery said that they stand opposed to the annexation and rezoning. Flannery said that the City did not disclose that the proposed rezoning was inconsistent with the Johnson County-Iowa City Fringe Agreement, the Johnson County Land Use Plan and the Iowa City Comprehensive Plan. Flannery said that these plans make provisions for land east of Scott Boulevard and south of the railroad tracks as industrial zones; all areas north of the railroad tracks are designated as low to medium density esidential. Flannery said that Planning and Zoning Commission November 6, 2008 -Formal Page 4 if the City is changing the Comprehensive Plan and wants the Prybil property zoned industrial, then he questions how other adjacent properties would be used in future zoning. Flannery said that he respectfully asks the Commission to be cautious in considering this rezoning to industrial as it sets a precedent counter to decades of prior zoning. He said that for decades, the railroad tracks have served as a logical buffer zone between the industrial in the south and the residential in the north. Flannery said the railroad tracks can be followed west from Scott Boulevard and all of the industrial uses will be found on the south side of the tracks; north of the tracks is all residential. Flannery said that they are very concerned that the development of the Prybil property will negatively affect their farm's productivity. Specifically, Flannery said, drainage, run-off, disruption of existing the lines and the natural flow of surface drainage are all concerns that he and his family have. Jim Greazel, 4898 420"' Street, said that he had two concerns. His first concern was that in today's world with its rising food costs, the land in question is very productive local farmland. His second concern was that industry likes to have access to interstates more so than railroad tracks. Greazel said that Iowa City has the luxury of good interstates in the area and that there is ample ground near those highways that would be suitable for industry. Greazel said that this land is a good distance from the interstate and that traffic is already bad in the area. Greazel said this decision would run counter to the City's long-range plan of promoting good quality of life. He noted that if 420~h Street were improved to provide good access to Interstate 80 for the industrial area, then it would wind up running right through a recently built, major residential area. There was no one else who wished to speak on this issue and the public hearing was closed. Eastham moved to defer the item until the Commission's next scheduled meeting, November 20, 2008. Weitzel seconded. Eastham said he would like to have Staff comment at the next meeting on its views as to the natural demarcation between this industrial zone and residential development to the north served by the railroad. Plahutnik said he would also like Staff to review for the Commission the Fringe Agreement that was pointed out by Flannery. Howard said that Staff has a meeting with the Johnson County Board of Supervisors next week to discuss this issue. Weitzel asked if Staff could also address at that time transportation issues that had been brought up. A vote was taken and the motion to defer was approved 4-0 (Busard abstained; Koppes and Payne absent). SITE PLAN REVIEW: Review of a major site plan for Shelter House, 429 Southgate Avenue. Miklo noted that before Staff went into a detailed review of the site plan, the Assistant City Attorney, Greenwood-Hektoen, wished to clarify the scope of the Commission's considerations, and how it relates to the Board of Adjustments. Miklo referred Commissioners to a memo prepared by Greenwood-Hektoen on the topic. Planning and Zoning Commission November 6, 2008 -Formal Page 5 Greenwood-Hektoen said that the scope of what the Commission is being asked to do in the site plan review is pretty limited. Greenwood-Hektoen said that Commissioners were to examine the proposed site plan and determine if it complied with the standards set forth in Iowa City Ordinance 18-3-2. Greenwood- Hektoen said that she had listed out exactly what those standards are in her memo. Greenwood-Hektoen said the Commission did not need to consider whether any special exceptions granted by the Board of Adjustment had expired. Greenwood-Hektoen advised Commissioners to assume that the special exception still exists and complies with standards set forth in that special exception. She said that if a building permit is granted and that decision is appealed, the decision will return to the Board of Adjustment who will then decide whether the special exception which they had granted continues to exist. Greenwood-Hektoen said that if the Board of Adjustment decides that its special exception no longer exists, then the Commission's approval of the plan will have no effect. She explained that the special exception does not allow standards set below the minimum required by the code. Freerks asked for clarification as to whether or not Greenwood-Hektoen was talking about things like the landscape buffer that had been required. Greenwood-Hektoen said that this was correct, and would include screening and parking requirements. Greenwood-Hektoen acknowledged that there had been a lot of collateral issues with this case, such as a boundary dispute, but advised the Commission that these were not things they needed to consider when it came to determining whether this site plan complies with requirements of the code. She said that such issues were private matters for the parties involved to work out on their own. Freerks asked if that would be the same in any case and Greenwood-Hektoen replied that it would. She said that the Commission's job is not to determine ownership of the land. Greenwood-Hektoen advised that all comments from the Commission and the public should be limited to the site plan review standards. The Commission's job is not to determine whether the use is appropriate for this particular parcel, or whether or not the zoning is appropriate, Greenwood-Hektoen said. The sole question is whether or not the site plan complies with standards. Greenwood-Hektoen said there had been a question raised as to whether or not Commission member Charlie Eastham had been conflicted out of consideration for this case. Greenwood-Hektoen advised that it was the City Attorney's legal opinion that he does not have a conflict in this case. She noted that in the July 14, 2004, Board of Adjustment meeting when they were considering whether to grant the special exception, Eastham made a statement in support of the application. Greenwood-Hektoen said that the issue before the Commission is totally separate from whether or not the special exception is appropriate. She said that the issue is solely whether or not the site plan proposed meets the City's design standards. She said that her understanding is that Eastham has no direct personal stake in the outcome of the application, does not serve on the Shelter House Board, and does not feel personally biased one way or the other in this matter. Eastham said he did not serve on any Shelter House Board or committee. He acknowledged making a statement at the 2004 Board of Adjustment meeting, but said that it was a long time ago and had to do with the appropriate use of this parcel for the purpose of a homeless shelter. He said that it is his understanding that the matter before the Commission was simply one of compliance with site plan review standards. Greenwood-Hektoen asked if Eastham felt he could be unbiased and impartial. He replied that he could be as unbiased and impartial in this matter as he is with anything else. Miklo briefed the Commission on the site plan review. He explained that the site plan standards are in the city code and are what Staff uses to determine whether or not any site plan should be approved. In this case, Miklo explained, the Commission is being asked to serve in that administrative role and make that determination. Miklo said that there are 13 items in question. Miklo said Staff had received a site plan on November 5`h that addressed the number of parking spaces, a major concern that had come up. The plan has been revised to allow for four additional parking spaces, three on the west side of the driveway and one on the north. Miklo pointed out that there are two parking spaces internal to the building. Based on the newest site plan, Housing Inspection Services (HIS) has verified that the site plan does meet minimum parking requirements. Miklo noted that the memo before the Commission lists the 13 items or areas that are outlined in more detail in the code and are used to review site plan. Miklo noted a memo Planning and Zoning Commission November 6, 2008 -Formal Page 6 from the City Engineer's office in Public Works which finds the site plan in compliance with drainage and utility connection standards. A memo from the Fire Marshall indicates that the site plan complies with fire safety codes. Issues of erosion and sediment control, vehicle and pedestrian circulation, screening of the outdoor dumpster area, exterior lighting, screening of equipment, screening of storage areas and general parking areas, are all confirmed to be in compliance with the standards by Julie Tallman of HIS. The removal of trees from the southern part of the property had been questioned by some as to whether or not their removal complied with landscape preservation codes. Miklo explained that the trees were in the drainage way easement on the southern side of the property and in an area identified in the concept plan as a play area; at that time they were identified for removal so that the play area and fence-line could be developed. Miklo said that normally when Staff reviews a site plan they point out any trees that can be saved and still allow for development. Miklo said that Staff does not feel that trees were needlessly removed in this case. Miklo said that there are no issues concerning the sensitive areas ordinance as there are no sensitive areas involved with this property. Miklo said that the final item for site plan review is that the development complies with all other city, state and federal regulations. Miklo noted that in this case, this would include whatever requirements the Board of Adjustment had imposed. Miklo stated that all elements were in compliance. Miklo said that Staff has determined that if they were in the role of reviewing this site plan they would find that it now meets site plan requirements. Miklo offered to answer any questions the Commissioners might have. Freerks asked if it was typical for Staff to include the two spaces internal to the building as parking spaces. Miklo said that it is not unusual, and that the parking requirement is for a total number of spaces, not for surface parking. Eastham asked about the exterior lighting standards. Eastham asked if Staff felt that the outside lighting met the applicable standards and would not give off excessive light in neighboring properties. Miklo said that Julie Tallman in HIS has expertise in lighting and reviews the lighting plans for all site plans, looking at the wattage, the height, the amount, and other features of the lighting. She has determined that the lighting plan meets the City's requirements. Plahutnik said that generally the City's preferences for design have been a building near the street with the parking tot screened by the building or behind it. He noted that this design standard does not seem to be inn play here and wondered why. Miklo responded that the design preference to which Plahutnik spoke is a requirement in some of the commercial zones and in the multi-family zones. It is not a requirement or a stated preference in the CI-1 Intensive Commercial zone, the CC-2 zone, or the CO-1 zone, and as a result does not apply to this property. Eastham stated that he received a call from the director of the Shelter House prior to the November 3`d informal meeting. He said that the call discussed what procedures would be followed as it pertains to the application, that there would be a public hearing and an open forum. Plahutnik asked if Staff had reviewed the correspondence from Gregg Geerdes that had been received November 5'h. Miklo said that they had, and that they believed the City Attorney memo addresses those issues. Plahutnik asked if the requirement for a management plan had been fulfilled. Greenwood- Hektoen stated that a management plan is required at the stage that an applicant is requesting a special exception. Because this applicant had already received a special exception prior to that requirement being added to the code, they were grandfathered in and, thus, no management plan was required of them. There were no further questions from the Commission and the public hearing was opened Planning and Zoning Commission November 6, 2008 -Formal Page 7 Freerks asked that those who comment keep their comments focused on things which the Commission can address. She noted that the Commission cannot address the appropriateness of the proposed use and so this would not be the forum to make those arguments. She said that if the public had comments within the scope of the items that the Commission would be considering, then they would love to hear them. Scott Murray, 605 Everett, Kansas City, Kansas, shared a power point presentation with the Commission. Murray noted that the site plan that he had been working off of did not have enough parking to meet the requirements, as it had only 18 of the 21 spots. He noted that the parking inside the building would be occupied by Shelter House vans used to transport children to and from school. As a result, Murray said, they should not be considered employee parking as there will be no employee cars in those spots. Murray asked if the buffering rules and setback requirements were still being met with the new parking spaces that had been added. He noted that there is no off-street parking on either of the two streets in question. Murray said that they disagree that the parking issue has been resolved, and see it as still a problem. Murray said that he disagrees that the site management plan should be grandfathered in. He said that it is a very, very important component of the site plan approval process. Murray said that according to the City's nuisance code, the site management plan actually consists of four sub-plans: 1) litter control plan, 2) loitering control plan, 3) a plan for on-site security, and 4) a conflict resolution procedure. In his presentation, Murray noted a wide area beyond the boundaries of the Shelter House property to which he believed a site management plan should apply. He also proposed a large security fence to keep Shelter House residents from infiltrating nearby homes and businesses. Murray said that a site management plan is crucial to the success or failure of Shelter House. Murray said that his plan also proposes security lighting, not just parking lot lighting, all around the site and possibly in the entryway to the trailer park. He said that he would like to discuss the issue of installing security cameras to monitor who came and left the facility as a way of helping to protect mobile home park residents. Murray said that residents are very concerned about their safety and security and that they believe a site management plan is crucial to helping to protect them. Without a site management plan, Murray said, the City could be asking for trouble. Murray said that it may even be necessary to have security guards or hired police in the area, especially on weekends. Murray said that Shelter House documents say that there will be at least 70 people in the shelter at any one time, with enough square footage to hold 150. Murray said that on cold, rainy nights it is possible that over-occupancy could lead some clients to search for other places in the neighborhood to sleep. Murray asked what the plan was for holidays and Sundays when no bus service is available. Murray said he had a petition signed by 92 people who are very concerned about the site management plan and the safety and security of the area. He said they are concerned about people walking up and down the area and about vandalism, petty thefts, break-ins and large thefts. Murray said neighbors are concerned about the kind of people who sometimes inhabit shelter houses. Murray noted that the parking requirements are being set at current standards and so, he contended, should be the site management requirement; it should not be grandfathered in. Murray said that the neighborhood would like to come with a workable agreement for a site management plan before they considered moving on with the project. Murray explained the boundary-line dispute mentioned by Greenwood-Hektoen. He said that the situation is one in which the term "adverse possession" is more applicable. At the southern boundary of the property, there are three mobile homes encroaching on Shelter House land. Those buildings have been there since the 1960's and 1970's. For dozens of years, the owners of Hilltop Mobile Homes have been taking care of that property. Currently, Murray said, there is a 30-foot drainage channel easement. Adverse possession would seek to move the property line, which in turn would move the drainage easement, shrinking it to less than the 30-foot drainage setback requested by the Board of Adjustment. Planning and Zoning Commission November 6, 2008 -Formal Page 8 Murray contended that the building would have to be either moved forward or shrunk to provide the proper setback, and that would in turn change the current site plan. Murray noted that at one point the engineering report mentioned that there could be as many as 20 employees, something not noted anywhere else. He also asked if an FAA approval was required; a question put to city engineers for which he had received no response. Murray also noted that it had been hoped that the landscape preservation ordinance would help to save the trees that had been cut back on the south end of the property. Murray said that in light of the adverse possession situation, a matter in which he will be filing alaw-suit, he had really hoped those trees would not be removed. Murray said that there are serious issues involved in this application that are just not quite straight. He said that he asked that there could be a time where everyone got together and came up with a more workable solution. Murray asked that the Commission delay its decision making until some of the issues regarding site plan, parking, and adverse possession are resolved. Gregg Geerdes, 105 Iowa Avenue, #234, said that he is a lawyer representing the Dahlen family, who are the adjacent property owners. He said that it was clear to him that the Commission is in a difficult spot. On the one hand, Geerdes said, the Commission has the City and Shelter House telling them that everything is fine; and on the other hand, the Commission is about to hear from a number of people telling them that indeed things are not fine and that there are a lot of problems with the site plan that need accommodations. Geerdes read from city code regarding the Commission's charge in this matter (18.1.1 a): "to promote the most beneficial relation between present and proposed uses of land." Geerdes said that this required the Commission's site plan review to accommodate existing uses as well as the proposed uses. Geerdes said that this brings the issue of the facility's management plan which is lacking from the site plan. Geerdes said that he adamantly disagrees with the representation made to the Commission that a site management plan is somehow not applicable in this case. City code says that the Commission is to "ensure compliance with this code as amended." Geerdes said that the flip side of this is that the applicant wishes to use the current code for its parking standards but the previous code when it comes to the site management plan requirement. Geerdes said that he knows of no other use in city code which contemplates a site management plan other than a shelter. He said there is nothing else in the code that talks about proactively addressing the concerns of littering, loitering, security and conflict resolution. Geerdes said the code recognizes problems and concerns that need to be addressed as part of the site management plan. Geerdes said that the code requires a site management plan to accompany the application and to be submitted as a part of the site plan process. This, Geerdes said, has not been done. Geerdes said that he very much agrees with the analysis given to the Commission regarding the boundary line dispute. Geerdes said that one of the things that the Commission is supposed to look at is whether or not the requirements of the Board of Adjustment's special exception have been satisfied. Geerdes said that he respectfully suggests that there is no possible way that they can be satisfied under the current scenario. The Board of Adjustment instructed and ordered a wooden boundary fence constructed along the south border of the property: an instruction which if fulfilled would put the fence right through the heart of the three encroaching mobile homes. The Board of Adjustment also required the 30-foot setback for the good reason of providing buffer for the mobile homes from the shelter. Geerdes said that because of the adverse possession factor, that 30-foot requirement can no longer exist. Geerdes asked the Commission to apply good old-fashioned horse sense to the situation. He asked if the Commission really wished to approve a site plan in which other people's homes were sitting right on top of the project. He said that it would make no sense, and it is an invitation to a dispute that can be resolved only through litigation. Freerks asked if Geerdes had any proof that the land is owned by the mobile home residents. Geerdes explained that the concept of adverse possession means that if a person openly and exclusively uses property as their own for aten-year period, it then belongs to them; acquiring ownership from your neighbor through use. Geerdes said that for at least the last 35 years Planning and Zoning Commission November 6, 2008 -Formal Page 9 there have been mobile homes encroaching on the original property line. Greenwood-Hektoen interjected that the boundary issue was a private matter with which the City did not need to get involved. Freerks stated that it was not part of what the Commission needed to discuss in its site plan review. Geerdes said that it should be, and that he respectfully disagrees with the direction she and other Commissioners had been given in what they could and could not consider. He said that City staff and the applicant have vested interest in the outcome, and the Commission is playing the role of the judge. Freerks said that it is pretty clearly defined and that the Commission is not a judicial body. Geerdes responded that it is the Commission that needs to make a determination as to whether the site plan is in compliance. Freerks asked Geerdes to continue with his comments. Geerdes said that the parking issue had been discussed, but that the issue of where people coming to the center for day-services would park had not yet been addressed. Geerdes said there are a lot of people who use the Shelter House's drop-in services for laundry, mail, counseling, etc., and that no provisions had been made for them to park. Geerdes said that Shelter House says there will be up to 20 employees, a direct contradiction to the maximum number of 14 that had been given to the Commission. If there are 20 employees and 70 overnight residents, Geerdes stated, then the code requires 27 parking spots. Geerdes suggested that the Commission defer the matter until some of these concerns were addressed. Geerdes said that the Commission was apparently presented with a site plan that he has not seen or had a chance to review. As a result, he and his clients have not had a chance to review the parking provisions and determine if they are adequate. Tim Krumm, 4186 Prairie Meadow Court NE, identified himself as the attorney for Shelter House. He said that he strongly agrees with the opinion of the Assistant City Attorney regarding the scope of the review. Krumm said that the task of the Commission is to stand in the shoes of Staff and determine whether the requirements for site plan approval have been met. Krumm said that he believes the requirements have been met and will therefore not spend time going over that, but would like to primarily make himself available for any questions. He introduced Tom Werderitsch from Selzer-Werderitsch Associates as the construction manager on the project, Christie Canganelli, Executive Director of Shelter House, and Dwight Doberstein, design professional, as being present to make themselves available to any questions. Krumm said that Shelter House strenuously resists the notion that there should be a deferral on the matter. Krumm said the construction of this shelter has already been deferred for about four and a half years. He noted that many of the same issues brought before the Commission were the same questions raised four and a half years ago. Krumm said there is clearly a desire for communication, and he said that the shelter is ready and willing to communicate with its neighbors. However, he said that he did not believe that that had anything to do with what the Commission was charged to do in this matter. Krumm said that parking issues are clearly a proper subject for a site plan review, but that the parking requirements have been met and there is not much more to say on the subject. Krumm noted that the old parking standards actually required fewer spaces than the newer regulations, contrary to what Geerdes had implied. Krumm said there will not be 20 employees in the building at any one time, and the maximum number of staff present at any one time will be 14. Regarding the site management plan that had been discussed, Krumm said that at the time that the special exception was granted four and a half years ago there was absolutely no requirement that a site management plan be submitted. Krumm said Shelter House was granted its special exception under the rules in effect at that time and has spent the last four years in litigation trying to preserve that special exception. Krumm said that the suggestion that Shelter House would be required to comply with new requirements for what it takes to get a special exception is completely specious. Krumm said he did not want the Commission to think anyone was trying to pull a fast one on them, or that they were missing some requirement. Krumm said he understands that neighbors are concerned and he expressed his desire to keep the communication with neighbors open, however, he said that imposing requirements like Planning and Zoning Commission November 6, 2008 -Formal Page 10 security lighting, guards and cameras that neighbors would like to see is not something that code would permit the Commission to do. In regards to the boundary dispute, Krumm said he was not sure if one actually existed. Shelter House surveyed the property in preparation for construction and discovered encroachment. Krumm noted that just because the Board of Adjustment said there had to be a fence, does not mean that that fence has to go directly up to the property line. Krumm said that if Shelter House does not prevail on the boundary issue, then they will simply build the fence farther from the property line. Krumm also noted that there is not a 30-foot setback requirement; rather there is a 30-foot drainage way easement. Krumm said that the building would obviously not be constructed in the drainage way easement, and that it will be preserved. Krumm stated that any boundary issues were private matters that hopefully could be resolved outside of court, but that regardless, it was beyond the scope of the Commission's consideration. Joyce Barker, 2018 Waterfront Drive #128, said that if Shelter House is acknowledging the current code, then she believes that they should be held to that code. She said that they had had time enough to redraw and resubmit plans for the extra parking spaces, so they should similarly be required to submit a site management plan. Submitting a site management plan is not optional, Barker contended, but is a requirement. Barker said she and her neighbors are extremely disappointed that Shelter House and city staff did not even attempt to comply with this requirement. Barker said that her mobile home park has 80-100 children in it. She said that her neighbors and neighboring businesses take the issues of crime, vagrancy and loitering very seriously. As a resident of the proposed neighborhood, Barker said, she has a right to expect the requirements of the nuisance code to be followed. She said they have a right to learn how Shelter House expects to address loitering, noise, conflict issues, and the flow of traffic. Further, Barker asked how Shelter House intended to deal with those they turned away due to failure to treat their mental illnesses or abstain from drugs and alcohol. Barker asked what the Shelter House's on-site security plan was. Barker said that the neighborhood which Shelter House intends to be a part of should have input on any nuisance plan developed. Barker asked how the Commission could be expected to approve a site plan that may have to be redesigned when the adverse possession issue is ruled on. Barker said she believes it makes sense to postpone approval until outstanding issues are taken care of. Noel Bree, 1321 North Seventh, stated that he did not believe the Commission knew what it was getting in to. He said that he worked at a homeless shelter for four years, starting off in security and moving up to assistant case manager. He said that when he hears the word homeless shelter he thinks about the homeless person; when he thinks about the homeless person he thinks about people who are dealing with substance abuse problems, bi-polar disorder, people who are unpredictable. He said that the current plan seems to be just to release 70 of these people into the community. He said that he just did not think this was right. Bree said that it is a fact that homeless shelters bring about more loitering, more pan- handling, more drug-use, more public intoxication and more prostitution. Freerks asked Bree to keep his discussion to the issues that the Commission could rule on. Bree said that it seemed to him that there should be some way to decrease the impact that this homeless shelter will have on the safety and security of the community. He said that at 7:00 a.m. the "convicts" were going to be released into the community with homes and businesses all around the shelter. Plahutnik interjected that he lives across the street from a homeless shelter and he can assure Bree that at 7:00 a.m. his neighborhood is fine. He added that the issues Bree was bringing up were not germane to the site plan review before the Commission. Bree asked how the public was supposed to handle these concerns for neighborhood safety and security. Plahutnik said he would like to handle a lot of issues regarding safety and security in Iowa City but that they are outside his purview as a Planning and Zoning Commissioner. Bree said that he just wished to reiterate that he did not believe the Commission knew what it was getting into it. Craig Dahlen identified himself as one of the managers of the mobile home park. He stated that one of his biggest concerns are the homeless camps in the woods and parks surrounding the mobile home park. Planning and Zoning Commission November 6, 2008 -Formal Page 11 He said there are certain areas where the homeless do congregate, and that it was his wish to see a site management plan that would address how such camps would be dealt with. He said that the camps would only get bigger with a homeless shelter so nearby. He said that some of the camps are in wooded areas near the river and in Napoleon Park and that he has several times had to remove homeless persons from his property. The new shelter will increase the size of the camps due to its proximity. When clients leave the shelter, Dahlen said, they will be going to those camps. A site management plan is needed to address this issue. Freerks asked Greenwood-Hektoen to take a moment to talk about the reason that parking standards must meet the current code but the site management plan aspect of the current code is inapplicable. Greenwood-Hektoen said she believed Krumm did a good job explaining that distinction. Greenwood- Hektoen explained that a shelter site management plan is required at the time that a special exception is applied for. Shelter House did not submit a site management plan at the time of its application because such a requirement did not exist at that time. Because the Commission is not deciding whether or not to grant a special exception, the new law is not applicable. Shelter House has essentially been grandfathered in because their special exception was granted at a time prior to the new requirement. Freerks clarified that the distinction lies in the requirements of a special exception versus requirements of the basic code. Freerks said that comparing the parking code requirements and the site management plan requirements is not really comparing apples to apples. Howard noted that when an application for a special exception is made before the Board of Adjustment a specific site plan is not generally drawn up because they are getting early approval for a specific use on the property. The Board does not look at very specific details of the site because they have not yet been determined. Howard explained that special exceptions require that at the time the building permit is issued, current code requirements will have to be met. Howard said Shelter House is at that point now: having to meet current code requirements with regard to parking, setbacks, screenings, etc. The Shelter House has already met all of the approval criteria required by the Board of Adjustment to determine whether a specific use is allowed. Therefore, Howard said, those criteria are not applicable at this time. Tom Huber identified himself as an employee at Hilltop Mobile Home Park. Huber said that the park is a clean one and that a lot of work has been done to make positive changes there. Huber said the park has a mail-house in which many grade school kids wait for the buses between 7:00 and 8:00 a.m. Huber noted that fences can be climbed. Huber said that he had twice fixed a concrete post on the property that the homeless had ripped right out of the ground. He said that he believed it was very poor judgment to put too many kids and too many people just getting out of prison in such a close proximity. Freerks asked Huber to direct his comments to the issues of site plan review. Huber said he understood that, but did not understand to whom he should direct his concerns. Isabella Vine, 2018 Waterfront Drive, pointed out her home as one of the structures encroaching on the Shelter House site. Vine questioned the logic of the Commission not being able to consider the boundary issue as a factor in approving the plan. Vine said that the Commission cannot approve a plan that sits on someone's home. She said there are issues to resolve first. Vine said she was present when Tom Werderitsch came and began chopping down all of the trees. She said that the original plan for Shelter House had retained the trees as abuffer in addition to the privacy fence. Vine said her mother asked Werderitsch why he was cutting down the trees at the time, and he replied that he had been ordered to by the courts. Vine said that this was not true. Vine said that Werderitsch had actually petitioned the courts for permission to cut down the trees. Vine said Christie Canganelli said that she did not know what was going on with the trees. The person they spoke with at the City also did not know what was going on with the trees. Vine asked who did know what was going on with this project, and accused Werderitsch of not being honest about the trees. Vine asked why it was not important that her house was sitting on that property line. She asked Commissioners how they thought they could approve a plan that was to be built on top of her house. Vine said she and her mother asked on a Friday if Werderitsch would refrain from cutting down any more trees. The following Monday Planning and Zoning Commission November 6, 2008 -Formal Page 12 they received a letter informing them that they had until December 31S` to cease encroaching on Shelter House property. Vine said that such behavior was not respectful. Freerks said that she knew it was an emotional subject but that she needed to ask that the tone of Vine's comments remain civil. Vine reiterated that the plan must be adjusted so that it is not sitting on her house prior to approval by the Commission; to fail to do so would be wrong and irrational. Freerks asked if Greenwood-Hektoen would like to talk a little bit more about the scope of the Commission. Greenwood-Hektoen said she believed it had been adequately addressed. Freerks asked her to restate the issue. Greenwood-Hektoen said that title to land is not examined in site plan reviews. Freerks added that anyone has the right to remove trees on their property. During redevelopment, Freerks said, there are some issues when a stand of trees meets the definition of a grove. Miklo stated that as long as the trees are not protected by the sensitive areas ordinance the property owner has the right to remove them, so far as Staff is aware. Tom Werderitsch, 3 Evergreen Place, said that he is sorry Vine thinks that he is a liar because he is not. He said that he had never gone to any court to ask permission to remove trees, so he is not sure where that idea came from. What he said to her when asked why he was removing the trees was that he believed that in order to follow the letter of the law allowing Shelter House to proceed with construction, he had to put the fence within three feet of the property line. To do that, the boundary line had to be established and the trees had to be removed. It was his interpretation of the drawing from which he was working that he did not have a choice in the matter. Werderitsch reiterated that the trees had to be removes as a part of the process for establishing the lawful property line. Werderitsch stated that the homes in question are actually encroaching on a city easement, not the lawful property line. He said he just wished to clarify so that people understood that he did not lie. Gregg Redlin, 2950 East Washington Street, said that he has a business at 515 Southgate Avenue. Redlin has been in business since 1977, and built his building on Southgate Avenue in 1982. In 1983 he purchased 505 Southgate, which is very near Shelter House. Redlin expressed his primary concern as being what he would need to do to help his renters secure their businesses to ensure that they are not broken into or vandalized. Redlin pointed out that at the Shelter House's current location at 331 North Gilbert Street there is a neighborhood watching things at all times. Redlin said that when he leaves his business at 7:00 p.m. and does not return until 7:00 a.m. the next morning, there is no one in the area to keep an eye on things. He has had no problems in the area up until this point, but wants to know what he is to tell those renting from him about the neighborhood's future. He is concerned that businesses in the area will have to go to additional expense to secure their properties. Lori Dahlen, 2018 Waterfront Drive, said she was thinking about the site management plan that they had all believed was a required part of the process. She said that she had spoken with a resident of the mobile home park whose daughter had worked at the HACAP Headstart which was behind the current shelter house. The woman said there was a fence surrounding the preschool, but that people had jumped the fence and that many mornings teachers had to pick up glass and beer cans from the play area; she also said there were problems with people wandering in to the daycare. Dahlen said that her concern was that if those things could happen there, what was preventing similar things from happening at Hilltop. Dahlen said that as a manager at Hilltop she has worked with Werderitsch on the trees somewhat and that she has found him to be nice. However, she said that the original proposal for the project stated that the fence in combination with existing trees would provide the transition and buffer between the two-story Shelter House and the one-story residences. Dahlen read a letter from a resident of Hilltop Mobile Home Park who could not be present at the meeting. The letter-writer identified herself as a mother of three children whose concern about the Shelter House being located next door were: 1) how will Shelter House ensure that Hilltop residents are not harassed in any way by shelter clients, 2) how will loitering be ensured against, 3) how will vandalism and theft be prevented. The letter-writer said there are many concerns but that safety is the first issue. Planning and Zoning Commission November 6, 2008 -Formal Page 13 Dahlen asked that the Commission hold off on approving the site plan until Hilltop, its residents and its representation had a chance to look at the newest version of the site plan with its parking revisions. Bart Cramer, 513 Center Street, Lone Tree, said that he was present as an observer. He directed his question to Greenwood-Hektoen, asking if in the absence of a site management plan all of the nuisances that are likely to occur will have to be dealt with ex post facto by residents seeking remedies after the shelter is built. Greenwood-Hektoen acknowledged that this was the case. Janet Dahlen, 4815 Southeast Sand Road, introduced herself as owning the Hilltop Mobile Home park in conjunction with her husband for 23 years. Dahlen said that she has a responsibility to the people who live there and who have put their trust in Hilltop to provide them with a safe and secure place in which to raise their families. Dahlen said it is her responsibility to provide residents with continued safety and security. She said she is greatly concerned with the impact the shelter will have on Hilltop. She asked where people will go once they leave the shelter or are turned away from the shelter for being sex offenders, drug addicts, and drunkards. Dahlen said there are 152 families living at Hilltop and approximately 80-100 children. Dahlen said there is a daycare immediately across the street from the shelter. Dahlen said she has never been able to get her concerns across to anybody, but that she is very, very concerned. She thanked the Commission for listening. Geerdes stated that the code section for site plan review is Chapter 18 of the code. The code states: "The following factors shall be considered in arriving at a conclusion concerning proposed development and property: zoning regulation at the time of the proposal." Geerdes said that he could not state the matter any more clearly than that. Geerdes said that in regard to the boundary dispute, the Commission would essentially be taking property that rightfully belonged to Hilltop and incorporating it into someone else's project; a violation both of state law and of constitutional rights. No further members of the public came forward and the public hearing was closed. Freerks stated that the Commission had four options: 1) approve the site plan, 2) review and approve it with conditions, 3) defer the matter, or 4) vote the measure down. Miklo explained that the 20-day period for site plan review expires on November 13, 2008. As a result, the Commission could only defer to the next scheduled meeting on November 20th with the permission of the applicant, or if they held a special session prior to the expiration date. Eastham motioned to approve the site plan submitted by Shelter House as of November 6, 2008. Plahutnik seconded the motion. Freerks invited discussion from the Commission Eastham said he was going to vote in favor of the motion. He stated that it was his understanding that the scope of review is strictly limited to elements of site plan review and the provisions of the zoning code. Eastham said it was his opinion that requirements have been met. Specifically, parking requirements are set not for the total number of employees, but for the maximum number of employees present on-site at a given time; those requirements have been met. Eastham said that he did not believe he had any authority to add requirements at this point that went above and beyond those in the code and the special exception. Plahutnik said he also is in support of approval. Plahutnik said that the Commission had been advised by counsel not to take these other matters into consideration, and based solely on the site plan before the Commission the requirements have been met. Plahutnik said he assumed there would be continued attempts to stall this project in court, but that the process the speakers seemed to want the Commission to revisit was the original zoning process and the special exception. Plahutnik said the Commission is not there to reopen that process. Planning and Zoning Commission November 6, 2008 -Formal Page 14 Weitzel stated that it is his understanding that the Commission's role was to take on the duties of Staff in reviewing an application that was made in 2004. Weitzel said that there are 13 specific criteria for the Commission to look at. Having looked at the site plan, the memos from the various departments stating that the site plan meets requirements, and heard the testimony of the public, Weitzel said he believed all criteria have been met. Busard said that whether or not he is in favor of Shelter House is irrelevant. The time to debate the zoning and use of the property was in the zoning and special exception phase. The site plan, Busard said is in compliance. Freerks said the Commission's focus was narrowed to the 13 items addressing site plan review. Freerks said she allowed some conversation that given the narrow scope of the matter before the Commission she might not normally allow; however, she said it is important that people feel they have a voice in these things. She said conversation can be very helpful, and she hopes that people can be good neighbors to one another. She said the Commission is not a judicial body and has very specific things that they can look at in this matter, and that she feels the Commission has served its purpose. She said she has a feeling this issue will probably continue on in other ways, but that Shelter House had to be treated just as any other applicant would and so she must vote in favor. A vote was taken and the motion carried 5-0 (Koppes and Payne absent). CONSIDERATION OF MEETING MINUTES: October 13 & October 16. 2008: Busard motioned to accept the minutes. Weitzel seconded. The minutes were approved on a vote of 5-0 (Koppes and Payne absent). OTHER: Freerks noted that there was an article in the newspaper about the County's justice center, and the possible site locations. She asked if Staff had had any conversations about that. Miklo said there have been discussions with the County Attorney's Office and the facility planners for the new addition. Miklo said that it was Staff's understanding that the court house would be retained and used as court rooms but that a new building would be built to the south of that. Miklo said the County is acquiring some property from the City for that purpose. It has been expressed by Staff and City Council that there is a plan in place for that area and that there are some design concerns. As a part of the purchase agreement, there will be provisions for the County to make a good faith effort to follow those design plans and build an attractive building that fits in with the streetscape concepts for the Near-Southside Plan. ADJOURNMENT: Weitzel motioned to adjourn. Busard seconded. The meeting was adjourned on a 5-0 vote (Koppes and Payne absent) at 9:22 p.m. Planning and Zoning Commission November 6, 2008 -Formal Page 15 Iowa City Planning 81 Zoning Commission Attendance Record 2008 Al AACCn~Ir_ Name Term Ex ires 112 1117 3/20 413 4117 511 5115 6/5 6119 713 7117 817 8121 914 9118 10116 1116 Busard J 05/11 -- -- -- -- -- -- -- -- -- --- -- -- -- -- -- -- X O/E X O/E X X X x x . C Eastham 05/11 x X X X X X X X X X X X X x X X X . Freerks A 05/13 X X X X X X X X X x X X X X X X X . E Ko es 05/12 X x X X X X x X X X X X O/E x X X O/E . Pa ne M 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -- -- -- O/E X X X O/E . W Plahutnik 05/10 X X X X X O/E X O/E X X X X X X X O/E X T. Weitzel 05/13 -- -- -- -- -- -- -- -- -- -- X X X X x X X X x x x x A 1 AACCTI dI(_ Name Term Ex ires 2/7 2/21 4/14 5/12 6/2 6/30 7/14 8/18 9/15 10113 11/3 J. Busard 05/11 -- -- -- -- -- -- -- -- -- -- X X X X X X C. Eastham 05/11 X X X X X X X X X X X A. Freerks 05/13 X X X X X X X X X X X E. Ko es 05/12 X X X X X X O/E X X X X M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X W. Plahutnik 05/10 O/E O/E X X X X O/E X X X X T. Weitzel 05/13 -- -- -- - -- -- X X X X O/E X X X Key: X =Present O =Absent O/E = AbsenUExcused FINAL MINUTES Youth Advisory Commission October ~, 2008 Lobby Conference Room, City Hall, 7:35 PM Members Present: Diamitani, Malatek, Han, Nelson Members Absent: Green Others Present: City Council Liaison Wilburn, City Clerk Karr, Brett Vining Recommendations to Council: Call to Order: Motioned by Nelson, seconded by Han. Approved 4-0. 4b 9 AuUrove minutes: Nelson moved to approve the minutes. Malatek seconded. The minutes were approved 4-0. Goals and Planning for 2008; Youth Input and Involvement: There was further discussion on the Youth Input sessions and related items. Malatek suggested that it would be a good idea to have a youth survey. Han added that it might be a good idea also to include whether they would be interested in attending a Youth Input session on the survey. Wilburn offered to facilitate the discussion. Malatek voiced that it also might be a good idea to run a textbook donation, similar to the computer and software donations already present. Han added that schools often sell back older textbooks but also included that she might be able to talk to some librarians to find out. Diamitani brought up a new idea of doing a high school student senates-YAC sponsored winter dance before winter break. He included preliminary information about some possible . events and themes. Karr added that if there would be raffling there may need be State forms to file. Location was also one of the questions Nelson put forth. Vining, who was also present, voiced that the West High BPA club was also planning a similar event. Han and Diamitani volunteered to form a subcommittee for further discussion and planning. Citing a similar venue at West High school, Diamitani suggested a community wide "heroes" project where youth could nominate each other. Nelson suggested that they could utilize the YAC website to facilitate the nomination and selection process. Malatek suggested that it might be added incentive if there was a scholarship prize and a certificate of recognition. Han, Diamitani and Malatek volunteered for a subcommittee for further discuss. Update on website: None Youth Empowerment Grant: Because the winter break suggestion made in the previous section (Goals and planning for 2008) would possibly utilize the grant through the individual high school student senates, there was limited discussion. Vining asked for more information about the grant and Diamitani gave a brief summary of the premise behind it. 2008-04 Subcommittee Reports: Other than the formation of two new committees and mentioned above, there was no further discussion. FINAL Public Discussion: Karr asked Vining if there was anything he would like to add. Student Citizenship Awards: Nelson mentioned that he would not be able to make it to the October list presentation of the award to Weber Elementary school. Diamitani confirmed that he would be able to be present at the presentation. Others verified that the information given in the agenda was correct. Staff update: Karr asked whether Vining would like to take an application to the YAC as he was present. Announcements~Invitations~Events/Opportunities: As these items were already covered extensively, they were not discussed again. Meeting Schedule: Malatek suggested that Sundays might be a better day for meetings as the week is a very busy time for many. Nelson agreed. Karr and Wilburn both said that they would be willing to arrange such a meeting schedule and all other members said that a Sunday date would work. It was decided that the next meeting date would be on Sunday, November 211x. d z w z 0 ~a ~o o~~ 0 oz~ >z~' aW d~ H HQ 0 .. A 0 0 ~ ~ ~ ~ x ~ ~ o ~ z ' z z z z ~ ~ ~ o o ~ ~ z z z z z ' z z z z z z z ~ o ~ o ~ ~ o o ~ ~ ~ ~ z z z z z z M UI ~ I~`~ ~ N 0 ~ ~ w O ~ yC ~ ~ a o 0 0 0 0 0 0 h l W til M M M M M M M Ey W N N N N N N N Z xC7 ~x ~Z A~ -~ A~ wA ~. ~ ~ ~~~~~ ~~~, ~ ~,~~ o 0 a,~~zz uuuuu ~coOZ i FINAL i z-oz-os MINUTES 4b 10 Youth Advisory Commission November 2, 2008 Lobby Conference Room, City Hall, 5:3oPM Members Present: Diamitani, Malatek, Han, Nelson, Green Members Absent: none Others Present: City Council Liaison Wilburn, City Clerk Karr Call to Order: Motioned by Nelson, seconded by Han. Approved 4-0. 5:32PM Approve minutes: Minutes were not available at the time of printing. Budget for FYio: The committee began to review the funding for the new fiscal year. Diamitani asked if it would be possible to bring up something new related to the budget. He asked if it would be possible to have a Youth Advisory funded dance and/or carnival and have it be funded partially or wholly. It was noted that then the winter dance portion of the plan would still be part of this year's budget and could not be funded. But it was also noted that the summer carnival could be funded if the request was approved. There was further discussion about the possible dance and rough cost estimations. The primary discussion was around location. Diamitani said that he had called a couple of locations and made tentative reservations at recreation centers, which cost around $500. He commented, however, that the space maybe inadequate. Nelson asked if it could be held outdoors or at some other location with discounts from the city and Karr said it might be possible. Green suggested a hotel be used, such as the Marriot. Han commented that there most likely would not be room there as reservations are filled quickly. Malatek then suggested that the IMU be used since it would provide space and would be completely restored by the date. Green agreed that it was a good idea. Han asked what the cost of renting space would be and also noted that it might be hard to get a reservation secured. Nelson said that the cost would be high would have be looked into beforehand. Concerning the actual planning of the dance, many more specific suggestions were made. Diamitani agreed that having a game section might not be as attractive but also said that the date of February i4tn might be a good date. Others agreed that the i4tn would be a good day for such dance. It was then asked how the three area high schools would work together and would be integrated at the dance. Malatek suggested a competition between the schools and Han agreed that it was a good incentive. Diamitani also suggested that there be a prize for the school that wins from the money raised. Diamitani then also asked if there should be food. Green said she thought food would be appropriate. Malatek suggested that we ask local food vendors to possibly get donations for the food to alleviate some of the costs. Nelson offered that if the IMU were to be used, there were strict regulations concerning outside food and so further discussion was set aside for later. Discussion then moved to the carnival. Karr asked Diamitani what exactly he had in mind for the carnival. Diamitani gave the example of the last day of Northwest Jr. High when FINAL students go to the park and swimming pool for the afternoon. Green noted that it might be a good idea to have some more events or attractions. Han also suggested that there be various sports teams from the schools to attract more people and get more publicity at the same time. Malatek agreed. Diamitani said that this could also be used to raise more money by having events with the sports teams. Returning to the original heading of the budget for FYio, Nelson commented that the facebook advertisements were working well and it would be good to have some additional funding to make it a request of $iooo. There was also an addition in a new category, for the proposed summer event of the amount of $iooo. There were no changes made to the other categories. Karr said that she would present the request the next day for approval. Goals and Planning for 2008; Youth Input and Involvement: This was discussed in the previous heading and was not discussed further. Uudate on webste: None Youth Empowerment Grant: None 2oo8-oA Subcommittee Reports: None Public Discussion: None Student Citizenship Awards: Green asked if Han could take her place at the first presentation of awards as she would be unavailable. Han said she would be available to be there. Staff update: None Announcement~Invitations/Events/Opportunities: As these items were already covered extensively, they were not discussed again. Meeting Schedule: Han suggested that the committee meet either in late November or early December. Green agreed. Han asked if certain days worked for other people, continuing with the Sunday meeting schedule and two dates were suggested: November 24th and December 2°d. It was decided that the November 24th date would be the primary date and the December date a back up. z O ' ~ - ' m u u u Z z D 0 ~D ~ ~ = m ~ ~ x ~ ~ _ N a m O x u u D ~ s ~ U1 N lD ~p 7 ~ ~ r+ p~ ~ v _r v z~ 2~ G~= ~ ~ ~ ~ ~ ~ fv ~ . ~ V! ~' ~ ~ ~ ~D Z ~ ~ ~ ~' N ~ ~ 7 ~D - ~ ~ ~ ~. _ N ~ m ~ -, N N N N N N N m w w w w w w w m X ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ cp cD OD Qo 0o c0 CO X X X X ~ m o, N x x x x m z z z z z z w ~ ~ ~ ~ ~ ~ ~ x X X X m m X X O O O X m m m ~ z z z z z z °' ~ ~ ~ ~ ~ ~ ~ z z z z z z ~ ~ ~ ~ ~ ~ ~ ~ X X m m X X ~ o o z z z z z z ~° ~ ~ ~ ~ ~ ~ c >C m X X X X X ~ ~ X X O m c i X X ~ ~ X X X j N ~ ~v ~ z ~ N m d ~ ~ ~ n " o v 0 c D v n O 0 z 'rJ z r