HomeMy WebLinkAbout2009-03-24 Bd Comm minutes2b 1
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
FEBRUARY 5, 2009 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Wally Plahutnik,
Elizabeth Koppes, Tim Weitzel
MEMBERS ABSENT: Michelle Payne
STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Greenwood Hektoen
OTHERS PRESENT: Duane Musser, Larry Jewell, Chester Schulte, Sarah Jewell,
Davis Tokuhisa, Kolleen Shield, Robert Hegeman, Linda Dyer,
Karl Ebert, Jayne Sandler
RECOMMENDATIONS TO CITY COUNCIL:
The Commission recommended approval of SU608-00010/REZ08-00011, an application submitted
by Si3~J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family
Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural
Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density
Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a
preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision
located on Rohret Road, east of Slothower Road. The approval is subject to the following:
1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by
the developer, and the extension of Lakeshore Drive being completed in the first phase of
development;
2. The development of the 7"' and 8`" additions shall not occur until the improvement of the
remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share of the
improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS
zoning is to be retained on the 6`h and 8`h additions unless the applicant agrees to improve
the portion of Rohret Road adjacent to the subdivision;
3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170
do not become double fronting lots. If the southern portion of Slothower Road is not
vacated, no lots west of Desert Lane shall be preliminary platted and an alternate design
shall be created that eliminates the double fronting lots;
4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers;
5. A tong term maintenance plan for the wetland private open space by the homeowners'
association being included in the legal papers with the final plat;
6. A revision to the preliminary plat to reflect a 33-foot right-of-way on the south side of
Rohret Road.
The vote was 5-1 (Eastham voting no and Payne absent).
The Commission voted 5-0 (Busard abstaining; Payne absent) to recommend denial of CZ09-
00002, an application submitted by Richard Wonick for a rezoning of 39.80 acres from County
Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of
Hwy 1 NE. The Commission noted that if the application was approved against their
recommendation then the improvement of Buchmayer Road should be a condition of approval.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 2
CALL TO ORDER:
The meeting was called to order at 7:34 p.m. by Chairperson Ann Freerks
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
DEVELOPMENT/REZONING ITEMS:
SUB08-00010/REZ08-00011: Discussion of an application submitted by S&J Development LLC for
a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low
Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low
Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to
Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of
Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret
Road, east of Slothower Road.
Kuecker began by addressing concerns and questions brought up by the Commission in the last meeting.
Kuecker addressed traffic on Rohret Road and future improvements to be made to the road. Kuecker
noted that a number of people at the meeting had expressed concerns for the capacity of Rohret Road,
and its ability to handle the traffic that will be generated by 170 more units. Kuecker spoke with
transportation planning staff, and was informed that the improved portion of Rohret Road currently has a
capacity of between 13,000 and 15,000 vehicles per day. Current traffic counts indicate that it is used
daily by 4,000 to 5,000 vehicles. Planning staff estimates an average of seven trips per day, per
household; using that figure, a 170-lot subdivision would generate approximately 1,200 additional vehicle
trips per day. Thus, transportation planners deem the improved portion of Rohret Road as having more
than adequate capacity to absorb the additional traffic from the subdivision.
Kuecker acknowledged that delays are experienced at the intersection of Mormon Trek and Rohret Road,
but stated that the delays are primarily caused by the high volume of traffic on Mormon Trek Boulevard
and the timing of the traffic signals there. Improvements to Mormon Trek are included in the City's CIP
Plan, and it is believed that these planned improvements will help to alleviate congestion problems.
Specifically, the addition of left-turn lanes and an adjustment to traffic signals should help to resolve
current back-up problems.
Kuecker noted that there had been concern expressed by area residents about the consequences future
improvements to Rohret Road might have on their properties. Specifically, residents were concerned
about the effects that the installation of sidewalks, limitations to driveway access, and the possible
removal of mature trees might have on their quality of life. City engineering staff has said that it is not
likely that sidewalks would be installed on the south side of the road when the road is improved. The
engineering staff said that sidewalks would likely not be installed until and unless the area south of Rohret
Road is annexed into the city and redeveloped. At that time, city arterial street standards would go into
effect, and it is not until then that residents would be limited to one access point off of Rohret Road for
their driveways. Contrary to the fears expressed by some residents, the City would not limit them to one
access point per driveway if the improvements to Rohret Road that have been discussed in relation to this
subdivision are made. The property south of Rohret remains under the jurisdiction of the County and
county road regulations would continue to apply.
Engineering staff also indicated that every effort to save trees is made when road improvements are
done, and that residents who lose trees are compensated for them. Kuecker said that the rate of
compensation is worked out when easements or additional right of way required for the road are
negotiated.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 3
Kuecker reported that engineering staff had said that they believed they could reconstruct Rohret Road
without having to acquire any additional right of way to the south; this was the case for the already
improved portion of Rohret Road, and it worked out well.
Kuecker addressed the alignment of Lakeshore Drive by saying that city staff and the applicant worked
together to design a connection between the already constructed portion of Lakeshore Drive and Rohret
Road, creating an intersection at the already-existing intersection of Rohret Road and Rohret Court. The
goal is to decrease unnecessary intersections on an arterial street by connecting with existing
intersections, thus preventing driver confusion and potential accidents. Additionally, the subdivision code
requires a minimum spacing of 600 feet between intersections along an arterial street. The chosen
location of Lakeshore Drive provides good neighborhood connectivity and appropriate intersection
spacing. The location crosses the wetlands at one of its narrower points and at a somewhat gentle spot
in the topography, making the road easier to construct in that location.
Questions regarding drainage, run-off and sewer, had been asked both by residents and Commissioners
in previous meetings. Kuecker clarified that none of the proposed subdivision drains to the south of
Rohret Road. Kuecker stated that with the drainage systems that will be in place, there may actually be
less drainage for the neighbors once the subdivision is in place than there is now. Kuecker said that
sanitary sewer has been extended to the western-most point. Code requires developers to extend
sanitary sewer to the borders of the subdivision. Public Works has indicated that in this case, if the
developer extended the sewer beyond the edges of the subdivision it could be problematic and may not
function very well.
Kuecker said that there are underground drainage tiles in Outlots A and C which will likely be cut during
the construction of Lakeshore Drive. Kuecker said that whether the drainage the was reconstructed with
the water flowing above ground or below ground would have no detrimental effect on properties to the
east.
Kuecker said that Country Club Estates needed to be looked at in the context of the larger
Comprehensive Plan. The Comprehensive Plan does call for preserving the rural character of the area,
but it does so in the context of promoting orderly growth and developing adjacent to areas that are
already developed. In Staffs opinion, this development meets the requirements of the Comprehensive
Plan in that it is developing next to a developed area, and not creating "leap frog" develpment.
Kuecker noted that the Poor Farm Plan adopted by the Johnson County Board of Supervisors does call
for trails from Willow Creek into the Poor Farm and extending toward the street system of the
development itself. The plan also has a preservation area which indicates that Lakeshore Drive could not
be a straight street toward Melrose Avenue and would have to curve and connect into Slothower Road.
This is the circuitous collector street pattern also indicated in the development's plans.
The park land that has been proposed joins in with property that is already owned by the City. The
Comprehensive Plan does state that once Country Club Estates is developed, opportunities should be
sought out to add to the already-existing city-owned property to create a larger neighborhood park to
serve the area as it continues to develop.
Kuecker reminded Commissioners what the Staff recommendations are. Staff recommends the rezoning
and subdivision with the conditions that were listed in the Staff report, with the exception that the 6`h
addition has become the 7th addition so condition #3 is no longer necessary. Kuecker outlined the Staff
recommendations:
1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by the
developer, and the extension of Lakeshore Drive being completed in the first phase of
development;
2. The development of the 7th and 8th additions shall not occur until the improvement of the
remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share of the
improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to
be retained on the 6th and 8th additions unless the applicant agrees to improve the portion of
Rohret road adjacent to the subdivision.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 4
3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170 (here
Kuecker noted that the lot numbers may have changed) do not become double fronting lots. If
the southern portion of Slothower Road is not vacated, no lots west of Desert Lane shall be
preliminary platted and an alternate design shall be created that eliminates the double fronting
lots;
4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers;
5. Along term maintenance plan for the wetland private open space by the homeowners
Association being included in the legal papers with the final plat.
Kuecker offered to answer questions from the Commission.
Koppes asked Kuecker to restate the sanitary sewer issue. Kuecker said the sanitary sewer is being
extended to the easternmost part of the development. Kuecker said there had been some question as to
whether the sanitary sewer should be extended even farther eastt; however, Public Works does not feel
that that is the proper course of action at this time. Koppel asked what would happen in the future if it
became necessary to extend the sewer further east. Kuecker said that Public Works did require
easements to be placed upon the boundary line in case sewer lines do need to be extended beyond the
development in the future. Koppes asked if they would then be extended at taxpayer expense. Miklo
said that it would not. He explained that city code allows the City to require property owners to hook up to
the sanitary sewer system if they live within 300 feet of a sanitary sewer line. Miklo said the City does not
usually require property owners to do so unless their septic system is failing and they seek Board of
Health approval for a new septic system. Miklo said the expense would fall on the property owners that
would be replacing their septic systems.
Freerks asked if the school district had ever responded to the City's request for comment on the
development. Miklo said that it had not, but that a meeting on another matter had taken place with the
superintendent, who had mentioned that most schools in town are at or over capacity and that the district
plans to build a new school on the west side of town. It is hoped that this will relieve pressure on the
current schools in the area.
Eastham asked if the expense of extending sanitary sewer would fall on the new property owners for the
lots west of the development in the event that they changed hands. Miklo said that it would. He
reiterated that while the City can require a property owner to hook up to the sanitary sewer line once it is
within 300 feet of their property, it has been the City's practice not to do so until there is an issue with the
septic system.
Eastham asked about the trail system Kuecker had discussed in her summary. He said that the
illustration provided indicated that the trail would connect to Lakeshore Drive, and he wondered if Staff
was sure that at least five foot sidewalks were present in that area. Miklo said that the existing part of
Lakeshore Drive is a four foot sidewalk, but south of Dunley Court the sidewalks are five feet wide. He
noted that the illustration is conceptual and that depending on how things are platted it may be better to
hook the trail in at Wildcat Road. The illustration is intended simply to convey the idea that the trail will
connect into the subdivision.
There were no further questions from the Commission.
The public hearing was opened at 7:53 p.m.
The applicant was invited to speak first.
Duane Musser, MMS Consultants, addressed the Commission, saying that he had Brian Spear, a family
member of the developer, with him at the meeting. He said that the applicant agreed with the staff report
and the conditions recommended by Staff. He said that he was present to answer any questions the
Commission might have.
Koppel asked if this development would be forming its own homeowner's association, or would be joining
the existing one. Musser said that this was still under discussion. It has not yet been decided if the
wetland area will serve as a boundary between the current homeowner's association and a new one, or if
Planning and Zoning Commission
February 5, 2009 -Formal
Page 5
it would all be incorporated into the existing one. He assured the Commission that there would be a
homeowner's association of some kind to manage the wetlands, the exact nature of which will be
determined prior to submitting a final plat.
Larry Jewell, 53 Tucson Place, said that while he did not wish to rehash issues that had been addressed,
he would like to address some of the latest information provided to the Commission.
Jewell said that traffic delays are not only a problem where Rohret Road intersects with Mormon Trek, but
are also a problem at Weber School during school drop off and pick-up times. Jewell suggested that
despite engineer ratings for the road, there are issues that need to be addressed. Jewell said that the
improvements that will be in the CIP do not alleviate these concerns because the traffic builds up on
Rohret Road, not Mormon Trek where the turning lanes are scheduled to be installed. He said that the
addition of 170 homes is sure to exacerbate already existing problems.
Jewell said he remained concerned about the impact of road improvements to Rohret Road on property
owners to the south of the road. He advised serious consideration of the proposal to realign the road to
the north to prevent impact on existing properties. He said that based on the history of the area, it is
assumed that the southern portion of Rohret Road will be annexed and sidewalks will be installed, putting
mature trees to the south at risk in the future.
The placement of Lakeshore Drive remains a concern for_residents, given the close proximity and the
rating of the road. Jewell said that there are multiple options for realigning this road based on the
topography, and contended that a less direct route over gentler terrain was possible.
Jewell said residents are concerned with the lack of trails and centralized park space. The trail system is
currently conceptual with no commitment in place. Jewell said that the property for the proposed park is
at the top of the development and will never become centralized because it borders the Poor Farm and
an operational farm, neither of which will be developed. Jewell said that a park space centralized along
the wetlands would be a better option. Jewell disagreed with the view that the topography did not allow
for accessible trails through the wetlands. He said that based on the amount of grading that will be
required and the fact that the wetlands will be re-done, the opportunity to provide ADA accessible trails
will present itself and will add character to the area.
Jewell said that the Comprehensive Plan says that urban density should not occur until public facilities
are in place. Jewell said that the public facilities for the area are currently insufficient, noting overcrowded
schools, a lack of recreation facilities, lack of timely access to emergency vehicles and fire protection,
inadequate streets and a temporary lift station. Jewell said there were concerns about the water pressure
that had not been addressed. He noted that the proposed school was an elementary school and did
nothing to address overcrowding in the west-side junior high and high school. He said that the
Comprehensive Plan clearly states that "the citizens want to preserve the rural character of the far
western and southern portion of the district." Jewell said that while planning staff had indicated that this
requirement had been met, it was his belief that it had not, as he could not see anything in the plan that
met that criteria. He said the fact that property was being developed from east to west was not enough.
He asked Staff what in the proposal met the Comprehensive Plan's call for preserving the rural character
of the area.
Miklo said that when the Comprehensive Plan was written a desire was expressed by the residents not to
have "leap frog" development where pockets of development were scattered throughout the area. Miklo
said that it was believed that the best way to manage growth was to have it occur next to existing growth.
Miklo said that this is how Staff interprets that section of the Plan. He said that if there was a
development planned farther to the west that skipped an area, then that would run counter to the
Comprehensive Plan.
Jewell said he participated in those planning meetings as did a number of other neighbors in the area.
He said that the Staff interpretation did not reflect the intent of the citizens who participated in the
meetings for the Comprehensive Plan. Jewell said that he was aware that the area would be developed,
but that he felt it was important that in doing so, the rural feel of the area was maintained. The density in
the proposed plan does not allow for the rural character of the area to be preserved.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 6
Jewell read from the Comprehensive Plan: "A transition between existing rural residential zone RR-1
portions of the southwest estates and future low-density single-family residential development to the west
may be accomplished by platting larger RS-5 zoned lots backing onto the existing rural residential lots to
the southwest estates." Jewell said that the plots in the proposed plan are less than a quarter of an acre.
He said there is no attempt at all to put larger lots there. Jewell said that current zoning for that area is
RR-1, questioning the wisdom of jumping down to a quarter-acre sized lot, and whether doing so was in
keeping with the Comprehensive Plan. Jewell suggested taking the larger lot sizes which are currently in
the northern part of the development and placing them adjacent to the already-existing large-lot
properties.
Jewell noted that the current proposal calls for a reduction of the wetland buffer from 100 feet to 25 feet in
the southern part of the development. Jewell said this does not help to transition the development into
the larger already-existing lots. Jewell shared photographs of his property that showed the results of a
hard rain in 2007. Jewell stated that the running water that resulted in his backyard was one to two feet
deep. Reducing the wetland buffer, Jewell said, will only increase the already existing problem of excess
water and run-off.
Jewell asked if a Level-2 Sensitive Areas Review was done for this property. Miklo said that this review
was part of what the Commission takes part in and passes along to the City Council; the review consists
of the plan that shows the wetland reconstruction and the question of whether to reduce the buffer.
Freerks said that the missing hatch marks on the plat that were discussed at the last meeting were a part
of this review.
Jewell asked who the wetland specialist is that the City has engaged to provide the information for the
review. Miklo replied that it was Liz Maas, an independent contractor.
Chester Schulte, 1812 Rohret Court, said that he wished to go on record as being opposed to this
development. He said the reasons for his opposition were that the lots are too small, and the new
Lakeside Drive intersection will be in his front yard, which he does not care for.
Freerks told Schulte that the Commission had discussed the intersection at their informal meeting and
had been shown photographs of his property. She asked Miklo to describe the findings. Miklo said that
in designing a subdivision one of the things Staff makes sure of is that streets do not intersect in front of
someone's house; streets must either intersect at another intersection or between houses to avoid the
issue of headlights shining onto a property. In this case, Miklo said, the intersection is with another street
and there is a lot of vegetation in the front yard to serve as a buffer for the property. Schulte said that
neither Maier Avenue nor Phoenix was required to have four-way intersections. Miklo said that the
development that resulted in the building of Maier and Phoenix was done several years ago and he was
not familiar with the particulars of that development.
Sarah Jewell, 53 Tucson Place, expressed disappointment that the issue of the wetland area had not
been put to bed after the last time she and her neighbors had come before the Commission. She said
that she had thought that an agreement had been reached to respect the wetlands, and she is very
disappointed in the proposed decrease in wetland buffer. Jewell said the water is not just a problem at
the bottom of their property (the area depicted in the photographs shared by Larry Jewell) but has
demonstrated an ability to raise the water table very high very quickly. Jewell said it only makes sense
that if the buffer zone is decreased and houses are able to encroach more closely behind their home that
there is nowhere for the water to go except onto their property. She said this is her biggest concern with
the development.
Jewell said she has three teenage boys in the high schools in town. She said that due to overcrowding
some of their friends and neighbors are unable to go to the same high school. Jewell said one of her
sons would like to have a foreign exchange student but was told that it would not be allowed because
there is no room in the schools. She said these issues need to be addressed in order to meet the needs
of the residents who are already there.
Freerks asked Staff to address the issue of the buffer and how that works. She said her understanding is
that it is not as though a home will be built 50 feet from the property line if the buffer is reduced. Miklo
Planning and Zoning Commission
February 5, 2009 -Formal
Page 7
said that there is a jurisdictional wetland in this area. The sensitive areas code requires a 100-foot buffer
from the edge of the jurisdictional wetland. The applicant is able to request a reduction of that buffer if
certain criteria are met. Miklo said that a few years ago, when this plan was last reviewed, the applicant
was requesting a reduction in buffer which did not meet the criteria for consideration of a reduction. Miklo
said that in addition to the wetland there is a stream through the area. The application was deferred to
allow a redesign that included the full 100-foot buffer to be maintained. Miklo said that because there is
no stream corridor associated with the area in question, and no known endangered species in the area,
the Commission and the Council can consider reducing the buffer to 25 feet in this case. Plahutnik asked
if it was correct that the plan was calling for the wetland area itself plus an additional buffer of 25 feet.
Miklo said that was correct.
Weitzel asked how calculations for storm-water drainage disposal are made, and if that was a factor in
this case. Miklo said that the city's engineers review calculations submitted by the applicant's engineers,
looking at them very closely to ensure that they meet city requirements.
Dave Tokuhisa, 3305 Rohret Road, said he had no doubt that Rohret Road would grow as the area
around it grew. Tokuhisa said that the plan calls fora 100 foot right-of-way, which would be expanded 50
feet in each direction from the center of Rohret Road (although the plat map has it expanding only in the
northern direction). Tokuhisa shared a diagram that showed a 66 foot right-of-way on Rohret Road, south
of which many large, old hardwood trees currently grow. These trees serve a number of purposes,
Tokuhisa said, among which are: beauty and aesthetics, windbreaks, and visual and audio buffer from the
road. Tokuhisa said that if Rohret Road is expanded from the current center line a lot of those trees,
some of which represent 50-60 years of growth, will disappear. These trees cannot be replaced, and no
amount of money can compensate for their loss, Tokuhisa said. Tokuhisa shared a diagram in which the
road's center was shifted 17 feet to the north, keeping the southern edge of the right of way at the same
position it is in now, thus preserving the trees.
Tokuhisa noted that just beyond Rohret Court, Rohret Road begins to make a slight bend to the south.
Traveling southwest from Slothower, Rohret Road makes another slight bend. Tokuhisa said that moving
the centerline an additional 17 feet would not add any additional bends to the road. He said that soil
conditions on the north side would support an expansion of the road.
Tokuhisa said that the current road is a two-lane chip-seal road. Tokuhisa explained that chip-seal is a
fancy name for a gravel road with a lot of "goo" on top to hold everything together. He said that these
roads behave like gravel roads when they get wet or get frost heave. He said that roads in his residential
area are embargoed in the spring so that they do not fall apart under heavy truck traffic. Tokuhisa said
that generally chip-seal roads are replaced with a hard surface. Shifting the centerline, Tokuhisa said, is
a simple matter of local government action (most likely the City Council and the Board of Supervisors
acting together). Tokuhisa argued that shifting the centerline may even reduce costs, in that the need to
compensate property owners for trees would be eliminated. He contended that the easements existed
that would make it possible to shift the centerline without any loss of lots to the developer.
Tokuhisa asked why the developer wished to have a berm along the road. He said that as a parent he
found berms disconcerting as children and dogs can disappear behind berms and make them difficult for
drivers and those supervising them to see. He suggested the elimination of the berm might make an
improvement to the neighborhood.
Freerks said that the Commission had received Tokuhisa's letter and diagram at the informal meeting.
She asked Miklo if he had had a chance to run Tokuhisa's plan by the engineers. Miklo said the
engineers pointed out that when the eastern portion of Rohret Road had been improved it had been done
without acquiring additional right-of-way to the south. Miklo said that the engineers would continue the
same plan of building to the existing 33-foot southern right-of-way for the western portion of Rohret Road.
When Rohret Road was built between Phoenix and Mormon Trek Boulevard, most if not all of the trees
were able to be saved. In terms of Tokuhisa's design, Miklo said, it would be possible to require more
right-of-way or shift the road to take more land from the applicant's property. The difFculty, Miklo said,
would be that the cooperation of an additional property owner would be required to shift the road back at
the end of the stretch described in Tokuhisa's plan.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 8
Plahutnik asked if Miklo's explanation had cleared things up for Tokuhisa. He explained that the plan is
currently to try to rebuild the road without taking more land from the south. Tokuhisa said that it would be
nice to get that in writing. Miklo said that the current plat does show the right-of-way as being 100 feet
although the applicant does not have control over the southern portion. Miklo said that he did not believe
the City would enter into an agreement stating that it would never acquire additional right-of-way because
no one knows what the future will hold. Miklo said that it would be possible to require the preliminary plat
to show the southern right-of-way at 33-feet rather than the 50-feet on the current drawings prior to the
matter going before the City Council. Koppes pointed out that the intention to keep the southern right-of-
way at 33 feet would also be reflected in the minutes. Tokuhisa asked if it would be possible to require an
additional seven to ten feet north of Rohret to accommodate future growth, such as turn lanes. Miklo
said that this is an area where intense growth farther to the west is not anticipated because it is at the
edge of where the city can provide sanitary sewer.
Eastham asked if it was the case that maintaining a 33 foot right-of-way on the southern side of Rohret
Road would not jeopardize any of the trees in question. Miklo said that he could not say that for a fact
because the design for the Rohret Road improvements is not actually done, and it is possible that
temporary construction easements may be required. Miklo said that he can only relay that farther to the
east it was not necessary to have additional right of way or to remove large numbers of trees. Miklo
suggested a modification to the preliminary plat reflecting a 33 foot right-of-way to the south and a 50 foot
right-of-way to the north.
Eastham said that he did not see any advantage at all of requiring an additional 17 foot right-of-way to the
north if the center line of the road is not being moved. Miklo said an eight foot walkway will be put in
which requires additional right-of-way. Additionally, more room would be provided for street trees on the
north side.
Kolleen Shield, 3335 Rohret Road, said that her property would be facing an outlet from the subdivision.
She said she did not know exactly where the outlet would be placed, but that it would definitely be in her
front yard. She said that it was possible that as many as 400 cars per day could be coming straight
toward their home. Shield said that there are eight to ten white pine trees that her family planted 20 years
ago that would fall within that 33 foot of right-of-way, giving them no buffer for traffic, lights, sound, or
wind. Shield said that she is opposed to the development because they purchased their property
because of its rural feel. She has always enjoyed living on the edge of the city in a rural setting, and a
development of this intensity will negatively impact the rural character of her property.
Robert Hegeman, 44 Tucson Place, said he would like to address the traffic capacity of Rohret Road. He
acknowledged that Rohret Road probably does have the traffic capacity stated by the engineers, but he
said that the capacity was not the problem. The problem, Hegeman said, is the connections between
Rohret Road and Melrose Avenue. Any new grade school going in on the west side is irrelevant to what
is going on Hegeman said. It is the traffic to West High School back and forth that creates issues.
Hegeman said that there is no place between James Avenue and Mormon Trek to get through. Hegeman
said there is simply no planning for this area and that important connection. He suspects that whether
there is a curve in Lakeshore Drive or not, it will by default become acut-through from Rohret Road to
Mormon Trek.
Hegeman next addressed drainage issues. He said that there is drainage the that extends from the face
of the dam on his property for an extended length into the developer's property. Hegeman said that the
city planners seem to dismiss this the as if what is done with it does not matter. Hegeman contended that
what is done with the the matters a great deal with respect to water back-up on his property. Hegeman
said if the drainage the runs the full extent of the land it has a drop of 15-20 feet which has a tremendous
suction capacity. If instead the water goes to Lakeshore Drive and stops, that water will just pool back
up. That situation creates a friction between Hegeman and the developer as to whether or not an implied
easement exists. Hegeman said that this question needs to be answered more fully.
Busard asked for Staff clarification as to whether or not Lakeshore Drive will go through the County Poor
Farm. Hegeman said that his understanding was that near the Poor Farm, Lakeshore would curve into
Slothower; the curve, theoretically, would discourage through-traffic. Hegeman said that he did not
believe this would be enough to prevent cut-through traffic because there is tremendous pressure for
Planning and Zoning Commission
February 5, 2009 -Formal
Page 9
traffic through that area. Miklo said there will probably be an east/west street that Lakeshore will "T" into,
with Slothower or another road then connecting to Melrose. Miklo said that there will not be a direct,
straight-line connection between Melrose and Rohret Road, and that he suspected there would be an
intersection on the connector street where a full stop would be required. Weitzel asked if it was
discussed in the informal meeting that an arterial will later be built in the area to connect Melrose and
Rohret. Miklo said that Highway 965, approximately ahalf-mile to the west of Slothower, was intended to
be developed as the arterial.
Freerks asked Miklo if he could address the drainage-way issues Hegeman had brought up. Miklo said
that he really could not other than to reiterate that the developer would find it acceptable if the water from
the drainage way flowed above ground. Hegeman said that if the drainpipe was discontinued at
Lakeshore Drive there would not be enough drop for his existing the to continue to function, placing him in
a situation where the water either backs up or the drain the continues to drain down. Hegeman said that
his lot was sold to him by the original owner and he had an easement through that property. Hegeman
said the issue was important and that the question must be asked as to how Lakeshore Drive can be built
over someone else's implied easement.
Linda Dyer, 4115 Rohret Road, said that at the time that the eastern part of Rohret Road was improved
she lost no land from her property, but she did lose a big stand of white pine trees that were damaged
and died as a result of the construction.
Dyer said the speed limit past her house is supposed to be 35 miles per hour. She said that there were
many cars and trucks driving the road that travel at least 60 miles per hour. She said that enforcement of
speed limits is a definite issue.
Freerks asked Greenwood Hektoen for information on how the City deals with damaged trees and
whether or not there is a time limit for filing claims. Freerks asked Dyer if she had contacted the City.
Dyer said that she had, but that there was no way to actually prove the damage was a result of the
construction. She said that she was told by tree experts that the roots were probably severed when the
road was stamped flat with heavy machinery.
Koppes asked Dyer if she had talked to the police department about the speeding issue. Dyer said that
she had called many times. She said the police tend to patrol from the Weber School parking lot, and do
not tend to patrol farther west. Freerks said that it was possible for neighborhoods to get speed gauge
signs to help raise awareness. Dyer said that this was near the school sometimes. She said that the
police tended not to come out during the rush hours when the violations were the worst. Freerks
acknowledged that speed is an issue everywhere.
Karl Ebert, 3357 Rohret Road, said that he and his wife co-own with his sister a 10-acre parcel of land
just past Rohret Court. He said that he intended to build on his lot within the next year. Ebert said that
there is no transition between the large lots on the southern portion of Rohret Road and the very small
lots in the proposed development. He said that he is not opposed to urban sprawl or development, and
was an Iowa City realtor for many years. He said that development is necessary, but that it needs to be
done in such a way that the aesthetics of the area are maintained.
Ebert said that his property has 300-400 feet of frontage that is lined with evergreen trees. He said that
his property would suffer more tree loss than probably any other along the road. If there was only a 15
foot encroachment, Ebert said, he would still lose 20-40 trees. The idea of moving the road to the north
makes more sense to him. He said that he realized it cuts into the builder's profits, but he believes that
the builder and Commission should take into consideration the large impact the development will have on
landowners to the south. He said minimizing the impact on the south side of Rohret Road was only fair.
Ebert said he was surprised at the numbers given for Rohret Road's traffic capacity. He said they simply
do not make sense. The traffic is a mess, Ebert said, and subject to frequent back-ups. Ebert said there
were traffic issues in the area of Weber school at three different times during the day: 8 AM, 3 PM, and
5PM. He suggested a more in-depth study of the situation is warranted in order to get a more realistic
sense of what is going on.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 10
Ebert said that the high school kids that would be living in the new development would likely go to City
High. Koppes pointed out that the Planning and Zoning Commission had no jurisdiction over the school
district's enrollment policies. Ebert said that he understood that, but that it was important to note that
those kids would be traveling on Rohret Road, adding even more cars to the road in the morning hours.
Freerks asked Staff if it was seven car trips per day that was used to calculate road use. Kuecker
confirmed that seven trips per single family household is the figure used in traffic estimations. Freerks
asked what time of day the traffic counts are done. Kuecker said that the counts are generally done all
day long for several days at a time, and then an average is taken. Miklo said that the seven trips per day
estimate is used city-wide for residential neighborhoods and is not particular to this development.
Jayne Sandler, 41 Tucson Place, said that she believes change is inevitable and that it is important for
this area to grow. At the same time, she thinks the integrity of what already exists should be preserved
and expanded upon. Sandler said that there needs to be a transition between the development and the
larger properties. At the time that this property was rezoned, the one-acre lot RR-1 designation was
found to be the one that provided the most transition for the area from urban to rural. Sandler said that
going from aone-acre lot zone to lots with a quarter of an acre was too abrupt.
Sandler said that a stream develops at the base of her property on a regular basis in the spring and
summer after heavy rains. She said that the water does back up, and that they have a sump pump
because they have had water issues during their time at that home. Sandler said that if the buffer is to be
25 feet plus the wetlands, she would like to know what the width of the wetlands is because she is not
convinced that water issues will not be exacerbated by the current plan.
The infrastructure to the area has not been developed enough to sustain this new development, Sandler
said. Sandler said that the temporary lift station and the lack of timely fire protection (the response time
for their area is currently over eight minutes) should be factors for consideration. Sandler said that water
service for the area is not adequate to support the development, though this is a requirement that is listed
in the Comprehensive Plan. Sandler said that she agrees with other residents' comments regarding the
improvements to Rohret Road and Mormon Trek. She said the timelines for these improvements are
important given the fact that there are already traffic problems now.
Sandler said that while she is aware that the City does not have jurisdiction over school development, she
thinks it should be pointed out that a new elementary in the Camp Cardinal area will not relieve pressure
at Weber School if 170 families are then moved in. Overcrowding at West High and Northwest Junior
High will not be resolved by a new elementary school. She would like to know the timelines for this project
as well.
Sandler said that one of her concerns is that an extended Lakeshore Drive may end up underwater just
as Shannon Drive is in the same area in the Walden Hills development. She thinks the topography of that
area needs to be reviewed.
Freerks asked Staff what the width of the wetlands is in the area Sandler was talking about. Miklo replied
that it is approximately 25 feet, and the buffer is an additional 25 feet for a total of 50 feet.
Plahutnik asked how big an area of relatively undisturbed wetlands currently existed behind the houses
being discussed. Staff did not have the exact measurement.
Duane Musser, MMS Consultants, said that the yards along the east side of Lakeshore Drive currently
receive a large amount of run-off from the cornfield behind them. Musser said putting in a street curb and
gutter will catch the water and run it off so that it does not flood their yards. Musser said that water from
the front half of the houses will come out into the street and be collected by the storm-sewer system and
the water retention basin. The grass from the yards will also help to decrease the concentration of run-off
from a rain event. He said this will also occur on the west side along the Slothower Road right-of-way.
Musser said that the developer is very concerned about the the system coming out of the adjacent
property owner's pond. He said they intend to deal with the issue on their construction plans, and the
contractor will be dealing with any tiles that are encountered or cut for the benefit of both the neighbor
Planning and Zoning Commission
February 5, 2009 -Formal
Page 11
and the developer. Musser said he was sure that there were state laws that covered such issues and
that they would be careful in addressing the matter.
Musser said that the lift station was not, in fact, temporary, but permanent. He said it was very similar to
those in areas of town that do not directly gravity flow into the sanitary sewer system, such as Windsor
Ridge. He said the lift station is built to city standards, built to the appropriate size and capacity, and is
actually a public improvement that will be conveyed to the city for ownership and maintenance.
Eastham asked if Musser had any comments about the city water supply. Musser replied that they have
not looked into that but it is his belief that when the two dead ends at Rohret Road and the existing
Country Club second addition are connected the flow may actually be increased through that area.
Musser said that if the water department is concerned they could go out and do some flow tests, but that
he has not seen any issues.
Weitzel asked if Musser could speak to the reasoning and professional design standards behind the lot
sizes. Musser said the reasoning depended on which lots were being discussed. Musser said he
believed Staff had done a very good job of making sure Lakeshore Drive is designed where it is. He said
that the developer is trying to hit different price points in the market. The lots to the south of the wetlands
are a bit narrower and are a different price point whereas some of the lots that back up to the open space
and the park are a little bit larger. Musser said that there was an attempt made to stagger the lot sizes
with the phasing of the project.
Freerks asked Musser what he thought about Tokuhisa's proposal to move the road to the north slightly.
Musser replied that giving up more than a few feet would result in possibly losing a row of lots. Musser
said the thing to consider is the design standards for Rohret, and how quick and sharp the turns might be.
Musser said that there would be some potential there; but that how the road reconnected with the existing
pavement and how that impacted the county property on the other side of Slothower would have to be
examined. Musser said he had not discussed the matter with his client but that he imagined the client
might expect compensation for an extra ten feet. Miklo said that the right-of-way issues could be a
condition of the zoning if the Commission felt there was a public purpose to do so and therefore the City
would not have to compensate the developer. Freerks said she was thinking about the concerns
expressed by residents for their trees and the rural character of the neighborhood.
Larry Jewell, 53 Tucson Place, said that he did not agree with Musser's assertion that the development
would actually decrease the water flow. Jewell said that growing corn absorbs a ton of water and that
replacing it with properties covered in bluegrass sod will actually result in sheet run-off, making the
problem worse.
Jewell also wished to mention that there is still a known unresolved issue that has a direct impact on
existing neighborhoods and will also impact the development. He said that this issue is the strong odor of
methane gas that is coming from the City Landfill. Jewell said the landfill is aware of the problem and is
working to establish its cause, but there is a long-term timeframe expected before resolution is found.
Jewell said it would be irresponsible to approve any new development that is going to be closer to the
landfill when there is a known unresolved issue that could increase liability for the City and taxpayers.
Jewell said that it was important to understand that the residents present are not opposed to
development, and know that it is going to happen. Jewell said he would suggest that the residents
actually embrace change because they have been present throughout these discussions and many were
there at the creation of the Southwest District Plan. Jewell said the residents have offered to sit down
with the developer and the staff to try to come up with a way to make development work. Jewell said
there are examples of this happening in the community. Jewell cited the case of a developer at a recent
Planning and Zoning Commission meeting talking about how he had worked with neighbors and
neighborhoods in a positive way. Jewell said that this development does not represent positive change,
but more of the same: maximizing the number of lots that can be squeezed out of a property.
Jewell said neighbors strongly urge that the Commission deny the request for rezoning and the
development of the property. Jewell said that based on the issues they had brought up, the neighbors
feel that any further requests to develop the property should come with a requirement for the developer
Planning and Zoning Commission
February 5, 2009 -Formal
Page 12
and the planning staff to sit down with the neighbors. Jewell said that while the neighbors accept that
development will eventually happen, they want to participate in it, have a say in it, and use the guiding
principles of the Comprehensive Plan.
The public hearing was closed at 9:02 p.m.
Freerks noted that the limitation period is expiring so the matter would need to come to a vote that
evening. She asked for a motion so that the Commission could open discussion.
Plahutnik motioned to approve SU608-00010/REZ08-00011 subject to recommendations outlined
by Staff and a reflection in the preliminary plat showing the 33 foot right-of-way on the south side
of Rohret Road.
Weitzel seconded the motion.
Eastham said that he begins always with the Comprehensive Plan when considering applications. The
Comprehensive Plan Housing Goals and Strategies states that "a well planned neighborhood welcomes
all people and includes both owner-occupied and rentals, single-family and multi-family housing." The
Plan goes on to state that "the City should adopt policies that encourage the creation of neighborhoods
and new developments" which include single and multi-family units. The goals laid out in the
Comprehensive Plan's Housing section include providing "housing opportunities for households of all
sizes, incomes, ages and special needs; review zoning of undeveloped areas to plan for the development
of sustainable and livable neighborhoods." Eastham said that two of the strategies included in the plan
to accomplish those goals are: 1) encourage smaller owner-occupied homes on smaller lots, and 2)
developing smaller lots with more common open space. The Southwest District Plan for the Weber sub-
area states that "the portion of the Country Club Estates property adjacent to Rohret Road may be
suitable for clusters of medium-density residential uses such as townhouses or condominiums."
Eastham said he did some measurements for the Weber sub-area which is currently zoned for residential,
and he defined the sub-area as being the area north of Rohret Road, south of the County Poor Farm,
west of Highway 218, and east of Slothower, and including the area in the present rezoning application.
Eastham said that by his estimate this area includes some 300 acres of land. With the current and the
requested zoning there would be 600 RS-5 single-family detached lots, 11 RS-1 single-family detached
lots, and 12 ODPH-8 townhouses on the 300 acres. Eastham said this would make 97% of the total lots
single-family detached houses. Eastham said this seemed to be an extravagant use of land to him.
Eastham said he believed there was an opportunity present to obtain some smaller-lot development with
townhouses and or smaller single-family homes on the portion of this application that is adjacent to
Rohret Road. Eastham said that this would mildly increase the number of total lots, and could be done in
such a way that the total acreage covered by houses was actually reduced. Eastham said doing this
would ultimately alleviate some of the neighbors' concerns. He said that lots to the east of the present
alignment of Lakeshore Drive could be eliminated with this plan, and the wetlands could remain intact.
Eastham said he has a hard time understanding how he can approve this proposed rezoning considering
the Comprehensive Plan and the Weber sub-area plan in its entirety. He has concerns regarding the
alignment of Rohret Road, the phasing of this development, the requirement to have City Council approve
the improvements to Rohret Road with the next CIP plan, the County vacating Slothower's right-of-way,
and the Corps of Engineers approval of the wetland mitigation. Eastham said these were pretty
significant requirements that needed to be met prior to the project going forward. Eastham said that he
believed the school district has addressed the school capacity issues to the best of their ability. Eastham
said he did not understand how he as a Planning and Zoning Commissioner could help the school district
resolve the difficulties of dividing students up between the west and east sides of town by looking at this
single development. Eastham said he supposed the Commission could look at prohibiting anymore
residential development on the west side of town, but he did not think that would be very attractive to
most people. Eastham said that for all of these reasons he did not support this application.
Weitzel said that one of the primary questions is whether the land use meets the requirements of the
Comprehensive Plan. Weitzel said there seems to be a bit of a disagreement about the intent that came
out of the neighborhood meetings: was it to keep large lots so that they blend in with the rural area, or
Planning and Zoning Commission
February 5, 2009 -Formal
Page 13
was it to maximize the limited land resources available? Weitzel said he was going back to what the
public good is. He said that he did not see how the Commission could deny this much potential growth.
Weitzel agreed with Eastham that seeing some denser development would be good, but he is also
mindful that there are landscape issues and transportation issues at play. Weitzel said that a balance is
being struck with this development as there are different lot sizes, with the developer trying to predict the
market. Weitzel said that a lot of consideration has been built into this plan.
Weitzel said that there were speed and traffic issues in his neighborhood as well. He said that issues of
run-off would be more readily resolvable by individuals than by a Commission or public policy direction.
Weitzel said he would be voting in favor of the application.
Plahutnik said he was very much in agreement with Eastham regarding the Commission's commitment to
mixed housing. However, Plahutnik said, he is just a clerk in a grocery store so he cannot redesign a
subdivision for the developer; he has to look at what has been put before him and make a decision based
on that.
Plahutnik said that while the Comprehensive Plan speaks to preserving the rural nature of the area, the
large development of Southwest Estates pretty much put an end to the area's rural character. Plahutnik
said that when a large subdivision is put in the middle of a rural area, the rural nature of the area is
destroyed, regardless of whether the lots are an acre or two. The Comprehensive Plan clearly states
that development should progress in an orderly manner and be attached to previous development.
Plahutnik said this application fits that bill. Plahutnik said that his sympathies are with the people on the
south side of Rohret. He said that while they bought land in a rural area under county jurisdiction, they
are greatly affected by the avarice of Iowa City developers who will develop and maximize their profits to
the best of their ability. Plahutnik said that while the developer in this case has done that, he has also
fulfilled the stipulations of the zoning code, and shown a willingness to follow the additional
recommendations of Staff.
Plahutnik said that while the landfill issue is unfortunate, it is really simply a matter of "concern trolling:"
bringing up an issue that is not really a concern, but helps to make a point.
Regarding traffic, Plahutnik said that people will drive on roads. He noted that even high school students
will drive on roads. He added that people will also like to live in desirable areas, which often makes it
take longer to get to work. He said these are the difficulties of development.
Plahutnik said that he hopes that the language of the city engineers is followed through in their
development of Rohret Road. Plahutnik urged the public to keep copies of the meeting minutes where
the Commission and Staff have reported that the city engineer's have stated that they should be able to
improve Rohret Road with only a 33 foot right-of-way to the south. Plahutnik said the Commission could
not bind the City into a contract stating that, but that neighbors could follow-up on their own behalves.
Plahutnik said that the most solid argument against this application is the wetlands. He said he had to
believe in the good faith of the engineers who have done the work on this. He said that, unfortunately,
there is an entire body of law regarding run-off and water rights. Plahutnik said that hopefully these
issues can be resolved prior to any houses being built.
In the big picture, Plahutnik said, he definitely has some concerns. He loves that part of town for its rural
nature and does not want to see it further disturbed. However, the landowner has the right to develop the
property, so he will be supporting the application.
Busard said that he agreed with Plahutnik and Weitzel that the development was in compliance with the
Comprehensive Plan. Busard said there really is no rural character out in that area. He said there are a
few large lots and then right next to them is a typical subdivision. Busard said he sympathizes with the
landowners in the area, but that they do live either within the city of Iowa City or adjacent to it, so they
may need to seek out other places in the county to find the rural character they desire.
Busard said that he does not fully endorse this type of development and would like to see more clustering
and more common open space. He believes that if the applicant would use more clustering in the design
Planning and Zoning Commission
February 5, 2009 -Formal
Page 14
the drainage problems would probably take care of themselves, help to preserve some rural character
and address some concerns of neighbors.
Busard said that he believed the developer has addressed staff concerns to the best of his ability, and
that he will be supporting the application.
Koppes said that she was on the Commission the last time this issue came up. Koppes thanked the
developer for working with Staff this time around to resolve the buffers around the wetlands; she
remembers long discussions on that topic.
Koppes said that unfortunately schools are an issue everywhere. Koppes said her daughter went to an
east-side school with over 500 kids, and that traffic in and out of there was not fun either. Koppes said
that schools are not an issue the Commission can do much about. Koppes said that her daughter has
friends that have actually chosen to go to the high school on the side of town opposite from where they
are living. Koppes said schools are an interesting problem, and not one for which she has a solution.
Koppes said that having a development package with mixed-sized lots is good and will get different
groups of people to come and live in the area. Koppes said that while everyone would probably like to
live on a large one-acre lot, people also understand that not everyone can or should.
Koppes said she would support this application.
Freerks said there has been a lot of good discussion and conversation and that it is important to note the
large amount of public participation that has taken place in this process. Freerks said that the
Commission has heard the questions and comments of neighbors and really has tried to follow-through
on their concerns. They have tried to decide if this is the best thing to do with this piece of land. Freerks
said she thought it probably could be done a little better, and that she would like to see more clustering,
smaller lots, and larger green spaces and open areas. Freerks said she believes the developer has
probably done research and feels that the current plan is one they can sell. It is, ultimately, the
developer's land.
Freerks said she has to go back to the Comprehensive Plan and she does think this development fits with
it. Freerks said that she thinks it is good for the neighbors to look ahead and not wait until people are
coming with equipment to express their concerns about the expansion of the road. Freerks advised
residents to go to the City Council and make Council aware of their concerns. Freerks acknowledged that
a big part of the rural character lies in the trees and the environment they create. She said she would like
to see that maintained and not done away with on behalf of sidewalks. Freerks cautioned the,
nonetheless, as development moves out, the City has to make sure that amenities are extended as well.
Freerks said that the lots are fairly large for RS-5, even though they may not seem like it to the owners of
larger properties.
Freerks said she wished the Commission could have better conversation with the school district, and that
she understands residents' concerns on that front.
Freerks said she had focused a lot on concerns she had about drainage issues and that she has to
believe that the engineers have done their work here. She hopes that it is true that the development will
truly ease the drainage problems.
Freerks said she intended to vote in favor of the application. She urged neighbors to go before the City
Council to share their concerns if they have not been alleviated.
A vote was taken and the application was approved on a 5-1 vote (Eastham voting no; Payne
absent).
Planning and Zoning Commission
February 5, 2009 -Formal
Page 15
COUNTY REZONING ITEMS:
CZ09-00001: Discussion of an application submitted by Michael Furman for a rezoning of 40 acres
from County Agriculture (A) to County Residential (R) zone located at 3051 Buchmayer Bend NE.
Walz informed the Commission that the applicant had requested a deferral until the March 5, 2009
meeting.
Busard said he would be abstaining from both county rezoning items on the agenda because he works for
county zoning in his professional capacity. Busard then left the meeting.
Weitzel moved to defer application CZ09-00002 until the March 5, 2009 meeting.
Koppes seconded.
The motion carried 5-0 (Busard abstaining; Payne absent).
CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.80
acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend
NE and west of Hwy 1 NE.
Walz noted that she had submitted an updated concept plan to the Commission indicating 39.80 acres to
be rezoned, rather than the 39.92 acres listed on the agenda.
Walz said she would not go into the plan in detail. She noted that it was for 19 lots a little over an acre
each in size. Walz said that this area is in the area covered by the Fringe Area Agreement which:
discourages development areas that conflict with the Johnson County land-use plan; protects public
health by requiring developers to meet or exceed minimum standards for water and waste systems; and
encourages cluster development that preserves large tracts of open space including environmentally
sensitive and farmland compact development that requires less infrastructure.
Walz noted that there is quite a bit of development to the east of Highway 1 in this area, but not much
development between Highway 1 and Newport Road. Walz said that a new land use map is being
proposed by the County that takes Buchmayer Bend out of the development zone.
Walz said that the regulations in the Fringe Area Agreement also indicate that R zoning will be considered
if the submitted concept plan shows a minimum of 50% of the property designated as open space or
agriculture. Walz said this concept plan does not show that, and, as a result, Staff is not recommending
approval. Walz said that the property is currently mostly an agricultural use, and rezoning it appears
inconsistent both with the proposed map change and the County's stated goal of preserving agricultural
land.
Walz said that because this property is located outside of the Iowa City growth boundary it is most
appropriate for the County to determine if the proposed zoning is consistent with County land use policy.
Walz said that if the Commission choses to recommend rezoning, Staff would recommend that
Buchmayer Bend be improved to meet the County Road Performance Standards and that the applicant
address storm-water retention, as well as ownership and management of the outlot. Miklo pointed out
that the outlot is just under the required 50% in this case.
The public hearing was opened at 9:39 p.m.
Duane Musser, MMS Consultants, represented the applicant. Musser said that the current land use plan
for the county does have this area in phase one of the growth area; this is the plan from which the
applicant is working. Musser said that while there is a plan under consideration, MMS Consultants has
several clients that are very interested in this plan change and who do not want to see significant changes
to the current plan.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 16
Musser said there are 18 proposed lots and an out-lot. The County does consider the green space in the
private street right-of-way between the lot-line and the pavement surface as calculable green space.
Taking that into account, the 50% threshold is met. Musser said that the applicant will also have to meet
the 50% when the project goes to the platting stage with the County. Musser said that while they may
appear to be splitting hairs, they have every intention of meeting the 50% requirement.
Musser said the applicant is aware of the need for improvements to Buchmayer Bend and is working on a
three-way agreement with adjacent property owners to improve Buchmayer Bend.
Musser noted that the cluster design was difficult to do in this case based on state regulations governing
community well systems and septic systems.
Miklo pointed out that regardless of the County's interpretation of what consists of open space, the Fringe
Area Agreement states that the outlot shall be a minimum of 50% of the subdivision.
The public hearing was closed at 9:39 p.m.
Plahutnik motioned to recommend that the County deny rezoning for application CZ09-00002.
Eastham seconded.
Plahutnik said that not even taking into account that the County may be in the process of changing their
allowable area for development, the Commission can recommend denial based on the fact that the out-lot
is not 50% of the land. He said that for him, the decision to deny the application is easy.
Koppes said that she did not think the Commission knew for sure what the County would do with its land
use map so she is not comfortable using that for a consideration. Plahutnik said that that is why he said
he was not taking it into account.
Koppes asked Miklo for clarification on the 50% issue. Miklo said that the Fringe Area Agreement clearly
states that the City will consider its zoning in this area if a minimum of 50% of the subdivision area is in an
outlot. Miklo said that in this case, 50% of the subdivision may be green space, but it is not in an outlot.
Koppes asked what the percentage was for the outlot. Walz said that the outlot is 47% currently. Koppes
said that she could recommend not approving the application for that reason, but did not want to put
potential changes to the land use map in her reasoning. Koppes said she does believe Buchmayer Bend
needs improvement. Several Commissioners indicated agreement with that sentiment. Koppes said she
agrees with the motion.
Miklo asked for clarification from the Commission, asking if they were saying that the application should
be denied, but if it was approved then improvements to Buchmayer Bend should be a condition of
approval. The Commission indicated that this was the case.
Freerks asked for a vote.
The motion to deny the rezoning carried 5-0 (Busard abstaining; Payne absent).
CONSIDERATION OF MEETING MINUTES: January 13 & January 15, 2009:
Eastham motioned to accept the minutes.
Koppes seconded.
The minutes were approved on a vote of 6-0.
Planning and Zoning Commission
February 5, 2009 -Formal
Page 17
OTHER:
Freerks noted that it was time to start thinking about the election of officers.
Miklo passed around a booklet explaining that the City of Iowa City received an award from the federal
APA for smart growth based on the Senior Center and its efforts to improve active aging and the new
subdivision codes and its encouragement of more walk-able, compact neighborhoods. This is a national
award that will be presented at the February 10th City Council meeting.
ADJOURNMENT:
Eastham motioned to adjourn.
Koppes seconded.
The meeting was adjourned on a 5-0 vote at 9:45 p.m.
Iowa City Planning & Zoning Commission
Attendance Record
2009
ono~en~ •~ccr~~ira
Name Term
Ex ices
1/15
Z5
--
J. Busard 05/11 X X
C. Eastham 05/11 X X -
A. Freerks 05/13 X X - --
E. Ko es 05/12 OIE x - --
M. Pa ne 05/10 X OIE --
W Plahutnik 05/10 X X -
T. Weitzel 05/13 X X --- --
u~~no~eni nncc7min
Name Term
Ex fires
1/t2
Z2
J. Busard 05/11 OIE X
C. Eastham 05/11 X X
A. Freerks 05/13 X X
E. Ko es 05/12 O/E X
M. Pa ne 05/10 X X
W. Plahutnik 05/10 X X
T. Weitzel 05/13 O/E X
Key:
X =Present
O =Absent
O/E = Absent/Excused
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD -
MINUTES -February 10, 2009 Zb 2
CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt (5:34) of the ICPD; and
public, Caroline Dieterle
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR Motion by King and seconded by Braverman to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 01/13/09
• ICPD General Order 99-02 (Alarm-Open Door Response)
• ICPD General Order 01-01 (Racial Profiling)
• ICPD General Order 01-06 (Juvenile Procedures)
• ICPD Department Memo #09-04 (Oct-Nov 2008 Use of Force Review)
Motion carried, 5/0.
Roth wanted to know on the Use of Force Review report if every officer involved in
an incident had to fill out a report. Wyss explained any time an officer uses force
they are required to complete a use of force report, and the report only reflects their
actions. If three officers respond to an incident and all three use force, there will be
three reports and one incident. If three officers respond, two use force and the other
doesn't do anything (not necessary, or interacts with bystanders or witnesses and
doesn't use force), there would be one incident, two reports.
OLD BUSINESS Complaint Form Update regarding Officer Bill of Rights -Pugh asked for this item to
be tabled until the March meeting to complete her research.
Complaint Registry/Monitoring System -Wyss reported that the request to change
the Chief's report to the Board regarding the officer identifier switching to alpha (ie
Officer A, Officer B) was not an issue and could be done. There was some concern
about maintaining a registry over long-term. The Police Chief had expressed that he
wanted to meet with the Chair of the Board about this issue. One of the main
concerns is that there is no time limit on the registry. For example if an officer has a
30 year career, the report could go back 20-25 years with a sustained complaint.
The other issue is that there is no correlation between the disciplinary action and the
allegation made. So when the Board would receive the report it would have the
sustained allegation, but it would not and could not have what the disciplinary action
was. The report would be painting a fairly broad picture without a lot of information in
it. Roth asked if the police department had a time criteria for personnel files that they
used for complaints/allegations that go into an officers file. Wyss stated a minor
infraction stays in the file for one year and at that time they're removed and can not
be used for any future discipline. Anything above that, any major infraction, would be
PCRB
February 10, 2009
Page 2
maintained in the officers file permanently and can be used to determine future
disciplinary action. The Board briefly discussed having a similar system where they
could remove minor infractions. King pointed out that since the sustained allegation
was based only on PCRB complaints and did not include the complaints that went
through the police department that the report was not a complete picture of sustained
allegations. The Board agreed to table the discussion so the Chair could have a
chance to speak to the Police Chief regarding the Chief's concerns. Yoder
suggested adding a disclaimer to the bottom of the Sustained Allegation report
stating that it information only reflects complaints filed with the PCRB. Pugh will draft
language to be added to the report. Tuttle mentioned to the Board that the Standard
Operating Procedures will need to be altered accordingly to reflect their request in
the change with the Chief's report. Larson asked if there was any information on the
NACOLE website regarding this type of reporting and asked if Tuttle could look into
it.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by King and seconded by Yoder 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.
Motion carried, 5/0.
Open session adjourned at 5:55 P.M.
REGULAR
SESSION Returned to open session at 6:15 P.M.
Motion by Roth, seconded by King to set the level of review for PCRB Complaint
#08-09 to 8-8-7 (B)(1)(a), On the record with no additional investigation.
Motion carried, 5/0.
PCRB
February 10, 2009
Page 3
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• March 10, 2009, 5:30 PM, Lobby Conference Rm
• April 14, 2009, 5:30 PM, Lobby Conference Rm
• May 12, 2009, 5:30 PM, Lobby Conference Rm
• June 9, 2009, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder.
Motion carried, 5/0. Meeting adjourned at 6:17 P.M.
d
O
3
w
W
w
H
U
W
U
O
a
0
U
a~
~ A
W o
z~
A ~,
w
H
H
°
N ~ ~ ~ ~ ~
~ ~ ~i
a
W~
~, w ~
~
a ~
o, o
~ 0
~
W
~
~
~
>
~
x
~
~
~~
~
~
~~ ,~
to
~ ~
o ,~
an
~ ~ ~
W ..i ~
6> y y ~ CC
~ ~ ~ ~ ~+
a~~zz
u u u u u
~coOZ
2b 3
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009 - 6:00 PM
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Members Present: Stephen Crane, Marcy DeFrance, Charlie Drum, Holly Jane Hart,
Michael McKay, Rebecca McMurray, Brian Richman, Michael Shaw
Members Absent: Andy Douglas
Staff Present: Tracy Hightshoe, Steve Long
Others Present: Sandy Pickup (Free Medical Clinic); Brianne Wojtak, Ashlee Swinton
(Successful Living); Laura Dowd (Local Foods Connection), Crissy
Canganelli (Shelter House), Maryann Dennis, Charlie Eastham (The Housing
Fellowship), Arvind Thakore (Dolphin International), Steven Rackis (Iowa
City Housing Authority), Andy Johnson (Housing Trust Fund), Josh Weber,
Heather Weber (Builders of Hope), Yolanda Spears (Isis); Bill Wittig (Bill
Wittig); Brian Loring (Neighborhood Centers of Johnson County); Sherri
Zastrow (Community Mental Health); Diane Funk, Jan Koch (First
Mennonite Church/Home Ties); Ron Berg (MECCA); Kristie Doser
(Domestic Violence Intervention Project); Jim Swaim (United Action for
Youth); Bill Reagan (ARC of Southeast Iowa); Megan Lisman, Ashley
Keating, Megan Dial, Kelly O'Neil, Rachel Mardoian, Katie Harrington, Bret
Peterson, (University of Iowa School of Journalism)
RECOMMENDATIONS TO COUNCIL (become effective only after separate Council action):
None.
CALL TO ORDER:
The meeting was called to order at 6:00 p.m.
APPROVAL OF THE NOVEMBER 20, 2008 MINUTES:
McKay noted that he was present at the December 18, 2008 meeting, and the minutes indicated that
he was not.
Crane motioned to approve the minutes with a correction noting McKay was present. Hart
seconded. The motion carried 8-0 (Douglas absent).
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:
None.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 2 of 25
DISCUSSION REGARDING APPLICATIONS FOR FY10 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG~ AND HOME INVESTMENT PARTNERSHIP PROGRAM
(HOME1 FUNDING -QUESTION/ANSWER SESSION:
Richman explained that the meeting was a question and answer session for applicants to the HOME
and CDBG funding programs for 2010. He explained that there would be three meetings over the
next two months, the first of which was being held currently. He said that this was an opportunity for
Commissioners to ask applicants any questions they had about their applications, their projects, or
their responses to what was written up in the staff report. Richman encouraged everyone on the
Commission to ask questions. Richman encouraged applicants to follow the tight time schedule that
had been set up and to provide focused and succinct answers. He said there had been five minutes
allotted to each of the public service and public facilities projects, and ten minutes allotted to each of
the housing projects. He apologized in advance in case he had to cut anyone off to keep the meeting
moving.
Hightshoe reminded Commissioners and applicants that applicants are not to provide written
materials in response to the staff comments found in the staff report. If a Commissioner specifically
requests a written response in this question and answer session, then the applicant may provide one to
staff to distribute to all Commissioners. The application materials should speak for themselves, and
no supporting documentation will be accepted unless requested by the Commission.
Hightshoe explained that ranking sheets for the projects would be mailed by e-mail (or paper copy if
requested) to Commissioners on February 20`n
Richman reiterated that this meeting was intended to give the Commissioners an opportunity to ask
questions of the applicant. The next meeting, on March 12, 2009, will be a meeting in which
Commissioners discuss their rankings for various projects. March 26, 2009, is the meeting in which
Commissioners will have to ultimately determine how to allocate the very limited funding amongst
the very deserving projects.
Hightshoe noted that the City has not yet heard from Congress about their final allocation. She said
the original numbers are the numbers which the Commission will be working from. Hightshoe and
Long said that there had been additional funding written-into the stimulus package, but that they did
not know what the terms or amounts would be for Iowa City.
Hightshoe noted that applicants are welcome to talk about their applications to fill the full five
minutes if the questions do not take the entire allotment.
Free Medical Clinic -Operations: Sandy Pickup:
Pickup said that Staff had done a good job with the analysis and summary of the Free Medical
Clinic's application. She noted that Staff had asked how the clinic intended to locate funds to
operate in the future. Pickup responded that the clinic had been receiving some state funds to
provide a more medical/home model. She said that some of those funds are being used now to
provide pharmacy services. That funding is somewhat up in the air at this point, however, Pickup
said.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 3 of 25
Crane asked how the Free Medical Clinic's building project was coming along. Pickup said that the
project had stalled for awhile. She said that an inspection and appraisal had been done and that the
results of those findings had been presented to the property owner. Crane asked if the appraisal was
close to the purchase price. Pickup said that it was not close at all, and that this was one of the major
reasons the negotiations have returned to the "talking phase."
Richman asked if Pickup had seen an increase in people using their services over the last six to
twelve months. Pickup said that due to the setup of the operation and the reliance on volunteers, it
was not really possible to see more people than they had already been seeing. However, she did note
that the statistics they keep on the rate of patients who are unemployed show an increase in the
number of patients seeking services who are jobless. She added that the need for services is
definitely not decreasing.
Shaw asked if the application would be funding ahalf--time pharmacy technician. Pickup said that it
would not cover all of the cost, but that funding would go toward that purpose. Shaw noted that the
clinic already has a pharmacy technician. Pickup said this was correct, and that CDBG funds have
been used for the last two or three years to fund that position.
McKay asked if there was any reason to believe that the donations of prescription medications that
the clinic receives would be reduced iri the coming year. Pickup said that she believed legislation
was being passed in Congress to eliminate pharmaceutical samples and other gifting items given out
by pharmaceutical companies, but that she did not think such legislation would greatly affect their
clinic as it did not actually use many samples. Pickup said that the free medications the clinic
receives are stock bottles from the pharmaceutical companies and are not samples.
Pickup said that she appreciated the opportunity to come before the Commission each year, and that
she appreciated the Commission's work on behalf of the clinic and the community.
Richman said that if applicants wished to take a few minutes at the beginning of their time to address
any concerns in the staff report they could do so, and then questions could follow.
Compeer Program -Operations: Karen Fox:
Fox said the Compeer Program is an important program that helps to improve the lives of people
living with mental illness by pairing them with volunteer friends from the community who provide
stability and socialization in their lives. Fox noted that Staff had expressed concern over the turnover
rate of directors for the program and how that was affecting the program. Fox said that the major
result of the turnover had been to hamper the growth and development of the program, as well as the
program's ability to be advocates for the mentally ill in the community. Fox said the Board made a
concerted effort with its last hire (her) to find someone who was really connected to the community.
Fox said she has lived in the community for thirty years and has been a volunteer for many different
organizations, and is very committed to the program. She said she is now working to reach out to
mental health professionals in the community to educate them about the program, and working hard
to recruit program volunteers. Fox said that since she joined the agency in August, the program has
already made four new volunteer/client matches, and received nine new client referrals. She said
there are currently a total of 22 matches, and 15 people on the waiting list. Fox said she believed that
this program could support well over 100 clients in this community. She noted that one in every five
people suffers from mental illness at some point in their adult lives.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 4 of 25
Shaw asked if the disruptions in leadership had caused disruptions in the program's ability to provide
services or sustain itself. Fox said that it had. Fox said that it takes at least three months to get to the
point where you know the program well enough to actually make referrals. Fox acknowledged that
the ability to create matches was hampered by the turnover in management, but that the program has
a very strong Board of Directors who has worked hard at sustaining the program. Fox said she is
confident that the program will now thrive.
Shaw asked if Fox had been involved with Compeer prior to taking over its leadership. Fox said that
she knew of the program but had not volunteered in it. Shaw noted Fox's long history with the
community and her commitment to the program, and asked if she had acquired any sense of what the
turnover was related to. Fox said that the position is a half-time one, and so many people take those
positions while finishing school or waiting for afull-time position to come along. Fox said the
turnover was not anything the board could have controlled and was based on the individual life
circumstances of the previous directors.
Drum noted that the staff report indicates there had been some difficulty in getting income
verifications for the program. Fox said that this problem had been resolved and that all of the
necessary information was now right on the application form. She added that it was not easy to track
this population as many chronically mental ill clients do not answer the phone and do not have e-
mail. Shaw said that she does have permission to speak with their therapists so this is often the route
she has to take.
McMurray asked how Compeer found its volunteers. Fox said they were found through outreach,
word-of-mouth, churches, service clubs and through the 1000 Hours program at the University of
Iowa.
Fox closed by saying that it has been shown nationally through research that programs like Compeer
do a great deal of good for people, helping to keep mentally ill clients stable, on their therapy and
medication schedules, and preventing hospitalizations.
Successful Living - Operations• Ashlee Swinton, Brianne Woitak
Swinton introduced herself as a counselor at Successful Living, and Wojtak identified herself as the
director of RecNet, a program which partners volunteers from the University of Iowa with agencies
in the community.
Swinton stated that Successful Living is anon-profit organization that assists individuals with mental
illness in maintaining independent living skills. Swinton cited basic life skills such as helping clients
with grocery shopping and helping to maintain medication compliance as things Successful Living
assists clients with.
Swinton said that their application was submitted in hopes of partnering Successful Living with
RecNet and Play It Again Sports. Swinton said that they hope to be able to provide afull-time staff
member to oversee this partnership with the help of CDBG funding. Swinton said that it is their hope
that afull-time staff member will be able to use the first funded year as time to both work with
resources in the community as well as time to initiate an annual fundraiser. Swinton said that
summer would be the best time to have this fundraiser as it tends to be a very good time of year for
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 5 of'25
people with mental illness, and this would help to get most of the clients involved. Swinton offered
suggestions of a softball tournament, chili cook-off, or a run as possible fundraising ideas. This
fundraiser would be intended to help support the full-time position in the future, as well as fund arts
and craft supplies and prizes for different game nights. Wojtak added that they had started a pilot
program at Successful Living the previous week, hosting a game night for clients. She said that
seven residents participated in the inaugural event, and that nine participated in the next one. Wojtak
said she believes there is a great deal of interest in this and other activities, such as classes on
cooking and nutrition. Wojtak said that the partnership with Play It Again Sports would allow the
program to introduce exercise equipment to the residents and allow the program to expand to outdoor
activities as the weather warms.
Richman asked Swinton and Wojtak to pause for questions from the Commission. Hart asked what
the affect on the program would be if funding was for ahalf--time position, or if only partial funding
was granted. Swinton replied that she believed it would hinder the program's ability to build
successful relationships. Swinton said that her experience in working with mental illness has shown
that it takes a lot to build trust with these clients. Apart-time position would take twice as long to
gain trust. Swinton said the overall goal was to get clients to trust the peers in their household in
order to offer them outreach and community support. Swinton gave the example of evening
programs offered by Lifeskills. She said that without the support of staff or volunteers from RecNet,
it would be difficult to get clients to go out into the community, expand their social network and
build a better quality of life. A full-time position would also offer flexibility for planning, allowing
RecNet to come in twice a day rather than once a day. Wojtak noted that the program would also
offer leisure education. Wojtak said that RecNet has a leisure resource binder that would be very
helpful in identifying individual interests and allowing the staff member to build relationships with
clients based on those interests and activities.
Shaw asked if RecNet, Successful Living and Play It Again Sports have a formal agreement, or if the
relationship is more informal. Shaw wondered if there were contracts in place. Wojtak said that
there is a partnership in place. Wojtak said that the volunteers are rotating in and out at this time, but
that a paid staff position would allow for better coordination and tracking of volunteer hours.
There were no further questions for the applicants.
Local Foods Connection -Operations: Laura Dowd
Dowd addressed staff concerns as to how Local Foods Connection was planning for long-term
stability. Dowd said that in the manual "Iowa Best Principles and Practices for a Charitable Non-
Profit" put out by the University of Iowa's Non-Profit Resource Center, a strategic plan that includes
a specific financial plan is recommended. Local Foods Connection currently has an informal
financial strategic plan, and intends to have a written financial plan as well as an internal control
manual for their finances by December 2009. Dowd said that a second point laid out in the manual
encourages diversity in funding sources to increase organizational financial stability. Dowd said that
Local Foods does have a diversity of funding sources. She said that the program is part of the New
Pioneer Co-Op's "Dividend Check Donation Program," resulting in donations from 1,300 different
people in 2008. Grants to Local Foods are received each year from The Iowa Foundation for
Education, Environment and the Arts. Local Foods receives donations from businesses and
individuals located in cities served by Local Foods: Iowa City, Coralville, North Liberty, Des
Moines, Fairfield and Cedar Rapids. Local Foods receives donations via the Internet through their
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 6 of 25
own and other non-profit websites. The Haunted Bookshop has held a permanent benefit sale for
Local Foods for the past two years, and plans on continuing to do so. Local Foods sells T-shirts,
note-cards, and cookbooks as other means of fundraising. Referring back to the best practices
manual, Dowd noted that it encourages prudence on the part ofnon-profits, requiring them to
generate income beyond daily operational needs in order to build a cash reserve.
Richman asked Dowd to pause in her presentation to allow for Commission questions.
Crane asked if the partnership Local Foods has with the Co-op will be continuing into this year, and
if the same income was expected. Dowd said the partnership was continuing and that every year the
income has increased. Dowd said that the second year saw a dramatic increase from the first, going
from approximately $4,500 to over $10,000, and then increased again to $16,000 in 2008.
Drum noted that food banks nationally had seen a decline in donations. He asked Dowd if she had
experienced this. Dowd said that Local Foods had raised their highest amount of money ever,
$34,000; prior to that the highest had been $26,000.
Shaw asked specifically how the program intended to support the full-time director position. Dowd
said that all of the interest earned from their endowment fund will go toward the director position; a
grant will be applied for from CFSC, a group dedicated to building strong, sustainable, accessible
local food programs; funding is also being sought from the Leopold Center at Iowa State University.
Hightshoe asked if any of the donations currently being received would go toward supporting a
director's salary. Dowd replied that funds are often donated to the_ group for certain reasons which
become earmarked or designated funds. A percentage of undesignated funds will be considered by
the board as a source of funding for the director's position.
Extend the Dream Foundation -Operations:
No one was present to represent this organization so the Commission moved on to the next applicant.
Shelter House -Operations (STAR Program): Crissy Canganelli
Canganelli explained that this application was requesting support from CDBG for a cash match for
the STAR program. Canganelli explained that the program was acounty-wide case management
program for homeless adults who have a vocational goal or objective. The program provides a
maximum of two years of supportive services for individuals and their dependents. Canganelli said
that over 25% of program participants are or have been residents of DVIP (The Domestic Violence
Intervention Program). Another 10% are HACAP (Hawkeye Area Community Action Program)
participants, and a number of clients are referred to the program through the corrections department.
Canganelli noted that the scope of program participants reaches far beyond the residents of Shelter
House.
Canganelli said that it has always been a challenge for the STAR program to raise the required cash
match of $106,750 to receive the $448,000 HUD award. Canganelli said that each year she has
forced the organization to meet the cash match obligation on a monthly basis so that they never get
behind. During times of cash flow problems, Canganelli said, debt has sometimes been incurred to
do this; however, at the end of each fiscal year the debt has been paid off. The support through
CBDG and Shelter House fundraisers allows the program to continue and meet the cash match
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 7 of 25
obligation. Canganelli said that it is very important to recognize that the funding through CDBG
does help the program to leverage $448,000 in federal funds coming into the community for
homeless services.
Canganelli said that hundreds of hours in volunteer support and fundraising hours must also be taken
into account when considering the financial viability of the program. She said that many volunteers
throughout the community help organize and implement fundraisers throughout the year, putting
forth incredible effort, time and expense on behalf of the cause. Canganelli said this is an important
contribution not reflected in the grant documentation as it is not considered an applicable cost.
Richman asked Canganelli to pause for Commission questions.
Shaw asked Canganelli when Shelter House would be moving to its new facility. Canganelli said
that Shelter House is working on that. Canganelli said that an increase in operational costs is not
really relative to the STAR Program as the program has been able to exceed the required number of
clients served -serving more than double the number contracted by HUD-and still remain within
the confines of the original grant agreement and budget. Canganelli said that this was a pretty
extraordinary accomplishment. Shaw asked if the program received an amount from HUD based on
each client served, or received a set amount with which to serve all clients. Canganelli said STAR
received a set amount of money with which to serve a minimum number of clients.
There were no further questions about the STAR program. Richman moved the proceedings to the
Housing section of the agenda.
Hightshoe stated that the time limit for each applicant seeking Housing funding would be 10 minutes
She reminded applicants that written materials could not be submitted to the Commission at this
point unless specifically requested by Staff or a Commissioner. The applicant could then submit
documents to Staff, who would distribute the document to Commissioners.
Richman invited applicants to take a few minutes at the outset to discuss their applications prior to
Commission questions.
Shelter House -Rental Housing: Chrissy Canganelli
Canganelli said that the project before the Commission was an exciting one and is truly innovative.
Canganelli said that Shelter House has been working with NAMI (National Alliance for the Mentally
Ill) for some time and has recently begun working with the Department of Veterans' Affairs to
examine funding sources available through their agency. VA money could ultimately change the
scope of the project, aiming it toward permanent supportive housing for homeless veterans.
Canganelli said that the project is innovative because there are no similar projects in the state of
Iowa. Canganelli said Shelter House has been meeting with and consulting a project in Minneapolis
that has been implementing a similar project for a number of years; both projects are modeled
somewhat on the Fairweather Project, which began on the west coast.
The lodge model is intended to provide independent living opportunities for individuals who have
serious mental illness, chronic mental illness, or brain disorder. Canganelli said that their project
would be tailored to the chronically homeless population. Individuals would have a diagnosed
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 8 of 25
chronic mental illness or disability, but would also have been chronically homeless. The project
would look like asingle-family home but would provide housing for six unrelated individuals. The
premise behind the project is that living in single room occupancy units is often too isolating for
individuals who are chronically homeless and/or mentally ill and not necessarily the model that will
garner the most success. For some, having a more communal living situation may work better.
Canganelli noted that this project is not intended for everyone, but is intended to provide more
diversity in the continuum of services and helping options provided by Shelter House. Canganelli
noted that there is no permanent supportive housing for the homeless in this community, and this
would be a first step toward that. Canganelli noted that the proposed project would be intended for
single men only.
Richman asked what Canganelli believed would be the greatest impediment to the success of this
project, or the one thing she worries about for this project. Canganelli said that for this particular
project the greatest impediment is that as it is currently proposed it is very expensive. Canganelli
said that it is difficult to make the argument that for six unrelated individuals a budget of over
$500,000 is reasonable. This figure is the budget that has come out of the working group for this
project, and Canganelli said that she believes it is reasonable to expect that that budget will be
worked on to identify what is and is not realistic about it. Canganelli said that the commitment is to
the model and the delivery of services under that model, not to the budget or the type of housing
proposed in it. Canganelli said that if it is necessary to reduce costs and re-envision what that
housing will look like, then they will do that, rather than in any way compromise the opportunity to
provide housing under the proposed model.
Canganelli addressed staff concerns as to whether Shelter House has the ability to simultaneously
manage and implement two projects like this -the building of a rental project and the building of a
new shelter facility -Canganelli said that in all seriousness she does not know that the projects will
be simultaneous. She said that money still needs to be raised for both projects. There is a significant
amount of fundraising that needs to be done for the lodge model, as well as a number of grants that
need to be applied for. Canganelli said that there is also a significant amount of money still to be
raised for the new facility as its construction has been pushed back repeatedly by ongoing legal
issues. Canganelli said that while she does not know if the projects will be simultaneous, she does
know that Shelter House has access to a wealth of professional volunteers who will work hard to
make both projects work. Canganelli said that additional staff has been hired to help with the capital
campaign and program development.
Canganelli acknowledged that Shelter House does not have experience with rental housing. Drum
asked if it was not the case that Shelter House had been working very closely with an agency that did
have rental experience. Canganelli said that the project in Minneapolis has been very helpful and
very generous with their time, assisting from a number of angles.
Drum noted that the budget for construction was currently set at $500,000, and wondered what the
continuing and operating costs of the project would be once it was constructed. Canganelli said that
the staffing for the project was intended to be minimalistic, with no more than 10 hours per week of
direct staff oversight of clients and household. The idea is that the individuals in the program would
become engaged in ongoing supportive services through county case management and vocational
rehabilitation supports. Drum asked if the residency was intended to be permanent housing.
Canganelli responded that the intention is for the housing to be permanent for the residents, with no
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEE"PING ROOM A, IOWA CI"I'Y PUBLIC LIBRARY
Page 9 of 25
cap or time limit; however, it is not home ownership. Canganelli said this is one reason the housing
style is not for everyone. McMurray asked that if it was correct that once residents moved in they
could stay there indefinitely and Canganelli said that this was correct.
McKay asked if there was a reason that it was proposed to have the building LEED certified.
Canganelli said that this was the suggestion of the working group after the commitment to new
construction over rehabilitated housing was made. The architect, John Shaw, who has donated a
tremendous amount of time to the project suggested LEED certification. McKay clarified that it was
then a choice not a mandate, and Canganelli acknowledged that it was. McKay pointed out that 35%
was added to the costs of construction in making the project LEED certified. Canganelli said that she
had no problem taking the Commission's concerns back to the working group and informing them
that there may be things in the budget that need to be looked at. McKay clarified that he was very
much in favor of LEED as rule, but that it is very expensive.
Shaw asked what the name of the agency in Minneapolis was that had been assisting the Shelter
House. Canganelli replied that the director's name is John Trepp, but that the corporation's name
escaped her mind at that moment. She offered to provide the information to the Commission later.
Crane asked if the project would still be viable with only partial funding. Canganelli said that it
would. Richman asked if it made sense for Canganelli to take the budget back to the working group,
look for opportunities to reduce costs, and then get back to the Commission in a reasonable
timeframe. Canganelli said she would be happy to do so. Canganelli said she would submit a
revised proforma and budget to staff.
Drum asked again about the operations budget beyond the costs of staff. Canganelli said that other
than maintenance, utilities, and insurance that were included in the application documents, the
staffing is the primary expense.
McKay asked if the facility was designed with any kind of a security system. Canganelli said that it
was not a requirement and she did not think it was necessary. She explained that it is not used in the
other lodge model facilities that she is familiar with, and that all residents have 24-hour access to a
staff person. Canganelli said that the model is intended to replicate a single family residence as
much as possible. Hightshoe noted that residents' personal spaces such as bedrooms would be
lockable. McKay said that he was thinking more about undesirable guests rather than residents.
Canganelli said that part of the training that residents will go through in order to enter the program
will cover those issues. Canganelli said that not everyone will be appropriate for this housing; there
is an application and training process. She said that the house will set rules which the individuals
living in the house will have to follow, and that there is a whole governance system that will be
established.
There were no further questions for Canganelli and Richman invited the next applicant to speak.
The Housing Fellowship - CHDO Operating Expenses• MaryAnn Dennis, Charlie Eastham
Maryann Dennis, Executive Director of The Housing Fellowship, and Charlie Eastham, President of
the Board of Trustees, represented The Housing Fellowship in their application for funds.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page ] 0 of 25
Dennis said that the application before the Commission is for operating expenses for The Housing
Fellowship's Community Housing Development Organization (CHDO). Dennis said that their
request was for $50,000, but that they full understand that they are eligible only for 5% of the HOME
allocation that comes in for the community. At the time of the application, Dennis said, they were
not aware of how much that figure would be, so they requested their full need.
Dennis said that staff is absolutely correct in saying that as a CHDO their rental units have HOME
funds invested in them, and as a result rents are strictly controlled. Unlike private landlords, costs
cannot be passed onto tenants when there are cost overruns. Dennis said that this year utility
allowances have increased and the City of Iowa City recently passed a 19'''` % increase in rental
inspection fees, neither of which can be passed on to residents of their rental units. Dennis said these
changes are projected to reduce The Housing Fellowship's rent revenues by around $32,000 in 2009.
Dennis said the federal government sets the HOME rents and the utility allowances, and is somewhat
slow in catching up with market forces.
Dennis said she is aware that the Commission is concerned with how The Housing Fellowship plans
to increase its financial stability. Dennis said that this is something that she has been working on for
the entire 16 years she has been with The Housing Fellowship, and is something that their Board has
been working on the entire time as well. Dennis said that the market analysis is correct and that like
many non-profits, The Housing Fellowship works on a shoestring budget. She said that they would
appreciate the Commission's support as a CHDO that was specifically incorporated to provide
affordable housing in Johnson County.
Although The Housing Fellowship has a very active finance committee that monitors budgeted
expenses and revenues, The Housing Fellowship is working diligently at restructuring all of their
private debt, and hopes to get a lower interest rate. The Housing Fellowship is looking at tax-exempt
bond financing which would significantly reduce the interest rate on all of their private debt, which is
currently about $1.9 million; Dennis said this would help their financial picture a lot.
The biggest way that The Housing Fellowship can produce operational income is to produce housing
and to get developer's fees for tax-credit projects, Dennis said.
Richman asked how the losses of units in Coralville affected The Housing Fellowship's financial
picture. Dennis said that in frankness the losses had improved the financial picture. Richman asked
how this was so. Dennis said that the units in Coralville were an endeavor The Housing Fellowship
had entered into about five years ago, and was the only multi-family apartment building owned by
the group. Dennis said that the 16three-bedroom units were housed in three multi-level buildings.
The Housing Fellowship found that these were not units their families wished to live in despite the
affordable rents. Dennis said it was almost as if the first thing the families did upon signing the lease
was try to find another place to live. The vacancy rate was high, the loan was big, and all utilities
were paid by The Housing Fellowship as well as snow removal, lawn care and trash removal
(unlike in their other single family units). Eastham said that since the property was purchased five
years ago the income never exceeded the expenses on the units. After the flood, of course, there was
no revenue and the expenses continued. Ultimately, the City of Coralville purchased the property
and The Housing Fellowship was able to retire their debt on it. Eastham noted that the sale price to
the City of Coralville did not increase their overall revenues, but was a wash.
HOUSING AND COMMUNITY DEVELOPMEN"f COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 11 of 25
Dennis said that the work that The Housing Fellowship does really requires a pretty knowledgeable
staff that deserves to be compensated.
Richman said this sort of led to his next question. He asked if Dennis or Eastham could address what
had happened with their staffing and administration budget over the last couple of years.
Dennis said that it had grown. She noted that The Housing Fellowship had recently closed out a
project and received a developer fee for that. This allowed them to add afull-time staff person who
is a compliance specialist for all of their rental homes. Dennis said that The Housing Fellowship
would like to add ahalf--time hourly staff person to answer phones and file so that the office manager
can do other things. Eastham said that there is a great deal of compliance work associated with tax-
credit projects, which require more staff time than other rental housing.
Richman asked what The Housing Fellowship's plan was going forward for funding the new full-
time compliance specialist. Dennis said they plan on doing more tax-credit projects to bring in more
developer fees. Dennis said they have purchased software, a server, a maintenance vehicle (reducing
costs due to mileage reimbursements), all of which can be utilized for the next tax-credit project.
Dennis said that while they run on a shoestring, they must have a certain amount of staff.
Dennis said that the $30,000 The Housing Fellowship had received in 2008 had very much helped
the agency. Crane asked if that funding was for apart-time bookkeeper. Dennis said it had helped
support the salary of a full-time finance manager.
There were no further questions on this application.
The Housing Fellowship -Rental: Maryann Dennis, Charlie Eastham
Dennis said this application was being made in the amount of $400,000 for site acquisition to be used
as part of an affordable rental tax-credit project which The Housing Fellowship plans to submit to the
Iowa Finance Authority (IFA) in October. The plan is to acquire townhome and duplex lots and to
build 20 rental units of two and three bedrooms. Dennis said that The Housing Fellowship's
preference is, as always, for scattered site housing.
Dennis said there is an unprecedented opportunity in Iowa for low-income housing tax-credits. Due
to recent natural disasters, the state is receiving an additional $33 million above its usual $6-7 million
allocation for tax credits. Dennis said that $33 million of those dollars must be set aside fora non-
profit tax credit. The market analysis is very clear that there is an overwhelming need for such
projects in this area, Dennis said. The Housing Fellowship thinks that because of its experience and
its local nature it can do the best job possible ofestablishing aloes-income tax-credit in the city, but
what it needs is land. Dennis said that a recent opportunity for a prime piece of property was lost
because the financing was not in place. Eastham said that location was attractive because it was on
the west side of town.
Dennis said that The Housing Fellowship has the capacity to handle another low-income housing tax
credit. Dennis said that the strategic planning done by the Board of Trustees in 2008 established its
number one goal as The Housing Fellowship bringing an additional 100 affordable rental homes to
Johnson County in the next five years.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 12 of 25
Dennis addressed staff concerns about The Housing Fellowship's concentration of property in Iowa
City. Dennis said that The Fellowship is very interested in a parcel in North Liberty, and hopes to
acquire it.
Richman asked iftax-credits can ever be used for acquisition and rehab as opposed to new
construction. Dennis said that it could, and that the Barry Court project was acquisition and rehab.
Richman asked if that was more attractive in the current market. Eastham said there are two major
pitfalls in trying to use tax-credits for rehab. The first is a ten-year rule that says a home has to be in
service ten years before atax-credit is invested in it. The other pitfall is that in order to secure tax
credits you have to put a project together and you have to have site control for that project.
Practically speaking, Eastham said, it is very, very difficult to do on property's which are not already
owned by The Housing Fellowship. Eastham said changes in the tax credit rules may change to
alleviate those problems, however, for now it is very difficult to do in a scattered-site model such as
the one used by The Housing Fellowship. Dennis said The Housing Fellowship only owns single
family homes, townhomes, duplexes and a few condos.
Dennis advised the Commission to keep in mind that supporting The Housing Fellowship's efforts to
create affordable rental housing in Iowa City assures local management.
Eastham said that staff had questioned whether $30,000 was enough to buy a lot. He said that there
have been townhome lots on the market in the last two years for about $25,000 each. Eastham said
that he personally thinks $30,000 for townhome and duplex lots is a reasonable price.
Richman said that the terms requested by The Housing Fellowship were fora 20-year non-amortizing
balloon payment. Eastham added that it would be a 0% interest loan. Richman asked if there was a
capacity in the cash flow to potentially pay some of the loan back along the way. Eastham said there
was not that capacity if the rents were to remain low. Eastham said The Housing Fellowship could
pay the money back, but if they did so the tenants would pay that in rent. Richman said that the debt
ratio was about 1.39, and that the underwriters require a debt ration of between 1.3 and 1.4; as a
result it looks like there is about $10,000 above the bottom line each year. Richman asked if it was
feasible to use that as debt payment. Eastham replied that there are different interests at play: one
interest is to pay back money, another is to keep rents low, and another is the tax credit investors who
want to see a project that will be financially viable. Eastham said their tax-credit consultant has
advised them to keep a high income to debt ratio and have plenty of money to cover operating
expenses. Dennis said that the other thing to keep in mind is that by the time the tax-credit
application is submitted to IFA the numbers will more than likely have changed many times.
There were no further questions for the applicants.
Dolphin International LLC-Homeownership: Arvind Thakore
Thakore introduced himself as a consultant for Dolphin International LLC, the property formerly
known as Lakeside Manor.
Richman said that this project had been allocated $68,000 last year for down payment assistance for
prospective buyers.
DOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 13 of 25
Crane asked what the price points were for the one and two bedroom units. Thakore said that a 1-
bedroom is $109,000, and a 2-bedroom is $114,000. Crane asked what the success in selling those
units has been. Thakore said that the first phase has totally sold out: 32 townhouses and 17 condos.
Shaw asked how the transitioning of residents from renters to homeowners has been going. Thakore
said that it has been going really well. He said that he has been teaching clients about the importance
of credit and how it works, and the importance of operating within the banking system. Shaw asked
how many units were still available. Thakore said 256 units are occupied and 142 are vacant. As
phases progress, the number of units will go down from 401 to 332.
Richman said that based on the cost of the units Thakore will need at least $10,000 in down-payment
assistance to get people into them. Richman said that it is pretty clear that HCDC cannot fund even a
majority of that need. He asked if Thakore was seeking other sources of funding for his down-
payment assistance program. Thakore joked that if he admitted he was looking for money from other
sources he did not want the Commission to cut him off. He said there are a lot of individuals in the
community with a lot of money that are interested in helping the program. Crane asked if all of last
year's funding was used for the down-payment assistance. Thakore said that it had and that there is
now a waiting list.
Richman noted that the deposit price required for applicants is relatively low compared to the
purchase price of the units. He wondered how many of those people would wind up just walking
away from their $100 deposit. Thakore said that the low deposit is because the people with whom he
is dealing do not have access to large deposits. Thakore said those giving $100 are serious buyers,
and will not walk away from the deal.
Crane asked when the units are scheduled to close. The units are to be finished by March 25, 2009.
Around Apri12"d the units will be inspected for their certificates of occupancy. Thakore said that by
April 15`h units should start closing.
Thakore said that he wanted to share with the Commission that he had collaborated with Grant Wood
school on the method for naming streets in the development. The streets will be named for native
Iowans, including one named after long-time Grant Wood principal Paul Davis
Hart asked if the affordability term would be for five years as last year's was or if it is actually for ten
years as one document indicates. Thakore and Hightshoe explained that the terms were actually the
same as last year.
There were no further questions for the applicant.
The Iowa City Housing Authority -TBRA: Steve Rackis
Rackis said that he made a mistake in the application by listing the TBRA ending date as September
2010 rather than 2009. However, Rackis said, he received an e-mail today from Andy Johnson, the
ICHA's partner on the state TBRA grant and he has gotten an indication from the state that they
would perhaps entertain an extension to 20] 0. Rackis said that changes the funding request a little
bit. If the money was not used to protect the state TBRA people after all, then ICHA would simply
use the money as a way to extend into their waiting list and get housing assistance to people more
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 14 of 25
quickly. The current waiting lists for Section 8 and Public Housing are approximately 12-14 months
from the date of application.
The use of the TBRA funds really allows the ICHA to leverage against their federal allocation for
Section 8. Rackis explained that HUD has the Section 8 program in a position where it has one foot
in a budget-based system and one foot in a unit-based system. Rackis explained that ICHA has 1,214
vouchers. ICHA cannot utilize more than 1,214 vouchers; however, HUD wants ICHA to utilize
100% of the allocated vouchers. HUD gives ICHA a certain amount of funding that does not
necessarily correspond with the costs of utilizing 1,214 vouchers. There is a balancing act that ICHA
must do. In order to increase their allocation from the federal government, ICHA must spend all of
its allocation, but not exceed 1,214 vouchers. Rackis said it is difficult with normal attrition to
maintain 100% participation due to the various factors at play: income levels rise and fall, program
compliance regulations, people going off program or being terminated from the program. The TBRA
dollars have allowed the ICHA to over-lease above their 100% in order to ensure maximum federal
dollars. People are transitioned on or off of TBRA as needed, making the program a little more
nimble. Every dollar of TBRA helps ICHA to leverage an additional dollar from the federal
government.
Rackis said that TBRA vouchers are used throughout the county. Rackis said that presently in the
Section 8 program, 71% ofthe vouchers are used in Iowa City, 17% in Coralville, 6% in North
Liberty. Rackis said that when the number of state TBRA vouchers are taken into account -the frail,
elderly, disabled, chronically mentally ill-89% of the vouchers are in Iowa City. At a minimum,
65% of all TBRA vouchers will be used in Iowa City; targeting elderly and disabled populations just
increases that percentage.
Shaw asked for clarification on what Rackis was trying to correct. Rackis said that in his application
he had mistakenly stated that the end date of the state TBRA grant was September 2010, when in fact
it is September 2009, but that the state had subsequently seemed quite confident that an extension to
2010 could be granted. Shaw asked if it was correct that $60,000 from FY09 has not been utilized.
Rackis said that was correct. He said that the second half of this application was if that money was
not needed to help bridge the state TBRA funds into the regular Section 8 voucher program, then
some additional TBRA funds could be coupled with that existing $60,000 and serve more families.
Rackis said that $60,000 would serve about 12 families over one year, so if those funds were
packaged together with additional funds then a larger pool of families could be served over one or
two years. Rackis said that the ICHA's regular allocation fund for Section 8 is about $6 million for
about 1,000 families over multiple years. Rackis said that the other two allocations discussed in the
staff report have been depleted and only the $60,000 remains.
Rackis said that the affordable housing study states that there is a need for affordable rental housing
in Iowa City and there are two ways to get there:l) build more affordable units, or 2) provide rental
subsidy to make housing affordable. Rackis said ICHA offers the latter opportunity, and a number of
other applicants offer the former. HCDC is charged with finding the right combination of both
options to best serve the community.
Builders of Hope -Rental Housing: Josh Weber
Josh Weber introduced himself as the Executive Director of Builders of Hope, and introduced the
program designer as Heather. Weber said the program has been in operation for three years, and
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEE3RUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIE3RARY
Page 15 of 25
serves individuals with chronic mental health disorders such as bipolar disorder and schizophrenia.
Weber said that they seek to create a program that really empowers the individuals they serve.
Weber said they currently own and operate two transitional living facilities in the community one
which is for individuals coming out of institutional or hospital settings, and a second that is more
independent, with more peer relationships and accountability. Weber said that these individuals are
thriving in their new found sense of community, which has been found to be empowering and
stabilizing.
The application takes the transitional housing model to the next level and will be for individuals
transitioning out of the second housing level. Typically these will be individuals who are on their
way to stabilizing in the community and who need less support. This particular project embraces a
commercial side. HUD has requested that 51% ofthe residents be given the opportunity to apply for
jobs in the commercial side of the project. The commercial side will actually have a curriculum
component to help further stabilize the client for community living.
Richman asked the applicant to pause to allow for Commission questions. McMurray asked if
Weber was open to the idea of having more than two units. Weber said that they were and that they
had actually changed the scope of the project and brought revised design plans. The program
decided to take the project from two units to four units, utilizing the entire basement portion of the
project.
Hightshoe explained that this was a unique circumstance as the applicant and staff had to clarify
several questions with HUD. Hightshoe said that because they are afor-profit entity, they could- not
apply for public facility money for the commercial portion of the properly, nor were they eligible for
economic development funds. Hightshoe said that staff asked the applicant to submit their proforma
based only on the housing portion of the project (HOME requirement).
Hart asked what the curriculum for the program is. Weber said that it is still in the design phase, but
that the goal is to begin implementing it June ls`. Essentially, the curriculum takes different aspects
of an individual's life and focuses on the different areas they need to stabilize, i.e., physical health,
mental/emotional state, the purposeful self, etc. Builders of Hope is developing the curriculum,
Weber explained. Shaw asked if it was based on a model or best practices. Weber said that it is
based somewhat on the Fairweather model, which has a 50% success rate for people stabilizing in the
community. Shaw asked if it was similar then to the Shelter House project. Weber said it is but that
it also takes things one step in a different direction.
Richman asked if the same loan terms were being requested in the revised proforma. Weber said
they were. Crane asked how many individuals would be served. Weber said that four individuals
would be served.
McMurray asked if the housing was permanent or if there would be time limits placed on the
residents. Weber said that he was not sure about HUD guidelines were, but that he believed there
might be a two year limit.
Weber said he thinks that the project is unique because a curriculum based system has not yet been
implemented in the state of Iowa, and because they are afor-profit, Iowa City will receive $22,000 in
property taxes from them each year.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 16 of 25
Drum asked if the curriculum was for people living in the units or for others utilizing their services.
Weber said that both would have access to the curriculum. Richman asked if the project funded by
HCDC a couple of years ago was fully leased. Weber said that it is and that it has been a great
success. He encouraged Commissioners to take a tour or visit the website.
Crane asked if the lot had been selected. Weber said that it had, and it is just off Scott Boulevard.
There were no further questions for the applicant.
Isis Investments LLC -Rental: Yolanda Shears
Spears said that she was representing Isis Investment on behalf of Salome Rahiem, and that she was
the property manager and case manager for the properties.
Richman noted that Isis properties had been funded in the past. Hightshoe said that on the last
project funds that had been allocated had been utilized within a month. Spears said Isis also has
properties that were not funded through HCDC. Spears said she is currently managing six affordable
homes for Isis. Spears said she provided family support for the families, if they need help with
agencies or referrals for anything from community services to down payment for utilities. Spears
said they speak with residents about what it means to be a homeowner and helping residents
understand different terms and agreements.
Richman said that Isis was unique in that there is an option for the homeowner to buy the home.
Richman asked when the option kicks in and what happens to the affordability factor. Spears says
the option is available from the outset, and that Isis actually does a number of things to engage
families in the process ofhome-owning, such as inviting them to closings. Richman clarified that he
was actually asking when the client had the option to buy the home. Spears said that after the first
year the client has that option. Spears said that Rahiem is usually the person involved in that process.
Hightshoe clarified that with HOME funds only the tenant can buy the unit within its affordability
period. The homeowner (previous tenant) must sign a resale agreement and ensure an affordability
period of equal length to the original or may enter an agreement with a longer period of affordability.
Thus, if 5 years remaining, the resale agreement for the homeowner must require a 5-year period of
affordability or greater.
McMurray asked if part of the resident's rent is put aside for the possibility that they may wish to
purchase the unit. Spears said that question was beyond her field of knowledge. Hightshoe said she
did not believe it was set up that way. Spears said that they do let families know of any programs
that would be beneficial to them in that respect.
Shaw asked if a plan had been developed for establishing reserves for the program. Spears said that
this was something she could speak with Rahiem about and report back to the Commission. Richman
asked what the history has been of people actually buying the homes they had been renting. Spears
said that they had not yet had families in a position to buy their home, but that several were working
on getting to that place.
Shaw asked if any of the families had signed up for the ICHA's Family Self-Sufficiency (FSS)
program. Spears said that they had not, but that this was because a number of them were already
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 17 of 25
working toward specific goals. The families they've rented to have been very self-sufficient in their
own way, know their way around the area, and are very happy with their housing choices.
Hightshoe noted that the intended income (upon application) for participants is under 30% of the
median income, so homeownership may be a long way off for some of these families. McMurray
asked if all of the homes were in Iowa City. Spears said that one home is in Oxford, and the rest are
in Iowa City.
There were no further questions from the Commission.
Anchor Housing ofSaddlebrook -Rental Housing: Dan Tonnesen, Craitr Sculley
Tonnesen said that he and his partner, Craig Sculley, have their home office in Rockford, Illinois.
The project they are proposing is Saddlebrook, and consists of 50 units of primarily single-family
dwellings.
Tonnesen said that it is correct that they became aware of the timing deadline the night before the
due date and that as a result the application was not in a complete format. Tonnesen noted that the
project is seeking $250,000, or 2% of their total project. The funds would be leveraging $50 for
every $1 funded by HCDC.
Tonnesen said the project would be tax-credit financed properties with a 20-year period of
affordability. He asked the Commission to ask any questions they might have to ensure there was
adequate time. Shaw asked if the applicant already had the land. Tonnesen replied that they were
close to signing site control. The site is identified and the final terms are being worked out; they
anticipate securing site control by the end of next week.
Crane asked if it was correct that the proposal was for 50 homes by October 2010. Crane noted that
they had done a similar project in Illinois and asked if the timeframe for completion had been similar.
Tonnesen said that it had been, and that 12 months is a reasonable timeframe considering that all of
the infrastructure must be built.
Richman noted that a 20-year affordability period had been proposed, and asked if a longer one
would be considered. The applicant said that they probably would not.
Shaw noted that the applicant's home office is in Rockford, Illinois, and asked if local contractors are
used to do the work or if contractors from outside the area were used. Tonnesen said that they have
an affiliated entity with the same principles that is a general contractor. Tonnesen said that local sub-
contractors are used to do the work. Similarly, there would be on-site property management.
Richman asked the applicant to talk a little bit about the overall budget. Tonnesen said the land costs
$200,000, the infrastructure costs $1 million and the total budget is $13 million. Tonnesen said that
their net developer fee would be about $1 million. He said that he realized this sounded like a big
fee, but that given the guarantees that they were personally signing, it is well within industry
standards and all aspects of the underwriting and operating budget are within IFA guidelines.
IfOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 18 of 25
Richman said that $200,000 for land acquisition makes each lot cost about $4,000 which seems
astonishingly low for this community. He asked Tonnesen to explain. Tonnesen said that the per-lot
cost was probably closer to $30,000 once infrastructure and profit was added in.
Long said that the plat had been approved by the City already and that the property was zoned and
ready to go. Tonnesen said that one of the strengths of the proposal that he would like the
Commission to consider is that as far as the zoning, site control and funding, the deal is as good as
done. He said that he and his partner have done ten tax-credits and have been doing these projects
for twenty years. Management is in place, and while they do make mistakes from time to time, they
fix their mistakes quickly, which they believe is the true mark of a good landlord.
Shaw asked if the streets would be connected to other communities. The applicant responded that the
north and east sides of the project would have street connectivity. There were no further questions for
the applicant.
Bill Wittig -Rental Housing: Bill Wittig
Wittig said he was trying to help sixteen residents have a nicer place to live. Wittig said that he has
owned the property since 1997 and has systematically worked to rid the property of its bad history
with the law and bad tenants. Wittig said he had employed and fired three different property
managers, and four years ago took over direct control of the operation. Wittig said he had been
working diligently with STAR and Shelter House over the last four years. Wittig said that this
property accepts Section 8 rental vouchers. Wittig said that he has had both successes and failures
with this property.
Wittig said that one difficulty is in keeping up with the rental permit. He said there are things now
on the property that need repair that are beyond the means of the property's cash flow. The debt
structure for the property is reasonable for its first mortgage. However, a new roof project severely
limited cash flow for an extended period of time in recent years. Wittig said there are exterior repairs
that the City would like done, but he is concerned that that would be a band-aid approach. Wittig
said he has looked at a more long-range plan of getting new windows and new vinyl siding put on to
finish out the exterior. Wittig said that there is a $24,000 electrical code issue included in the
application so that asub-panel could be present in each room. Drum asked if the City was satisfied
with the safety of the electrical as it is presently. Wittig said they had not pushed the issue but that
he believed inspectors would be more comfortable if it were fixed. Wittig said there are currently no
extension cords allowed.
Shaw asked if there were 16single-occupancy rooms in the house. Wittig said that was correct, and
briefly explained the layout of the house. Wittig said that he had to represent a 15% vacancy rate on
the application because that is what his historical data shows; however, if the property is improved,
Wittig said, it would be hopeful that the rate would be closer to 5%. Shaw asked who was
responsible for the utility costs. Wittig said that he pays them all.
McKay asked if the units were rented on a month to month basis. Wittig said that was the case, and
that there are no formal leases. McKay asked for clarification on the rent schedule and it's built in
late fees/rebates. Wittig said that the rent is now $375 per month, with a $75 rebate if the rent is paid
on the first of the month, a $50 rebate if paid by the Scn of the month, a $25 rebate if paid by the l Ocn
of the month, and no rebate if paid after that.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 19 of 25
Richman asked if Wittig would consider a longer period of affordability than the 20 years requested
in the application. Wittig joked that he had turned 60 this summer so there was no reason not to. He
said that the property is not amoney-maker, and is his way of giving back to the community.
Richman said that the Commission would need a conforming proforma. Wittig said he had now
turned two different ones in to show the two different vacancy rates. Hightshoe said that the
maximum allowable rents and option of fees would have to be looked at and discussed and possibly
changed to be in compliance with HOME rules. Wittig said he was really below that figure and that
could be worked out.
There were no further questions for the applicant.
A fifteen minute break was taken at this time.
Shelter House -New Construction: Crissy Canganelli
Canganelli explained that this request was for the new facility for Shelter House. This is a 70 bed
facility: 56 beds for short-term emergency use, and 14 beds designated for homeless veterans who
could use the facility for up to two years as their beds would be considered transitional beds.
The budget for the project was discerned by staff as being somewhat high. However, Canganelli
said, the budget was a collaborative effort that was reached through the work of Tom Werderitsch,
Dwight Doberstein and Victor Amaroso. There was a lot of professional input in this budget.
Canganelli noted that the budget has increased because the project has gone on for a number of years.
There is a cost issue with the Davis-Bacon standards applying to the project, something which is now
accounted for in the budget. Canganelli said the project is also trying to account for the ongoing
legal and fundraising delays, so allowances have been built into the budget.
Canganelli addressed staff's question concerning the increased operational costs that could be
associated with increased shelter capacity. Canganelli said that the increase is not of 41 beds, as 14
of the beds are transitional beds for homeless veterans; beds which are eligible for per diem and
service funds from the VA. Canganelli said this shows there is new funding available once the
shelter becomes operational. Canganelli said Shelter House is in initial discussions with UIHC for
beds that would be occupied by patients discharged from the hospital. Shelter House is hoping for
increased investment from the United Way, and continues to do fundraising. A $700,000 endowment
was established for supportive services (a new funding stream) as well as a $100,000 endowment for
operating, which must be significantly increased in a short period of time.
Richman noted that this was a fairly large funding request. He asked what Shelter House's options
were for filling in holes in the budget if HCDC could not fund the full request. Canganelli said the
Capital Campaign Committee is working on raising the funds and are moving forward with
additional grant writing. Canganelli said that it would far exceed their dreams to have $300,000 in
funds awarded as she knows CDBG has already invested $230,000 in the project. Canganelli said
they simply felt it was necessary to come. back and request funding because this project has been put
off for over four years due to legal obstacles. Canganelli said that Shelter House has persevered and
made good faith progress toward moving forward with the support of a tremendous amount. of
people. Canganelli said one result of the legal battles is that they have been essentially dropped in
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 20 of 25
the middle of an entirely different economic environment than was faced four years ago. Canganelli
feels that momentum and progress is necessary at this time and that is why Shelter House is coming
back before the Commission.
Richman asked if there was a minimum amount that makes the project work. Canganelli said the
Board is quite conservative fiscally and wants pledges for $3.5 million before breaking ground. A
$300,000 commitment from CDBG would put Shelter House at just under $2 million, with
approximately $1.5 remaining to fundraise.
Drum said that he should probably know, but asked what legal issues had been facing the Shelter
House. Canganelli said that the legal issues focused on the use of the land. In 2004, Shelter House
was awarded a special exception in order to build a shelter on the land. Interested parties/impacted
neighbors appealed to the Board of Adjustment. Canganelli said that what has ensued has been a
timeline of over four years of litigation culminating in an Iowa Supreme Court decision in Shelter
House's favor. Canganelli said there are now residual lawsuits, but they do not in and of themselves
create an impediment to proceeding with construction.
McMurray asked if one of the major construction projects being taken on by Shelter House had
priority over the other. Canganelli said that they see the projects as separate and as building off of
one another in reinforcing the organization as a whole. Canganelli said that a new facility will not
only provide better living quarters but will also help to provide better services and skills training.
The other project will allow Shelter House to take their services to the next level.
NCJC -Facility Rehabilitation: Brian Lorin
Loring said that the actual request for funding is for $37,600, not the $26,615 listed in the
application. Hightshoe said that she would have to confirm with legal staff if HCDC could consider
an amount higher than what was identified on the application. Loring apologized, saying that he had
been out of the office for surgery just prior to completing the application and had somehow messed
up the numbers for the budget when he submitted the form.
Loring said that some of the things on this year's request are the same items that were on last year's
request. He said that in terms of priorities they would really like to get to replace the deck at the
Broadway Street location. Loring said that there are two classrooms on the main level of the
building and off the classrooms is the deck, which when replaced and slightly extended will become
very usable space.
Loring said that John Rothman Construction provided the estimates for the projects. He said that the
agency does have a capital reserve budget. There has been a bit of difficulty this year with childcare
reimbursements and the agency is running a bit of a deficit at this time; however there is enough in
capital reserves to handle the match.
Long said that he would ask the City Attorney's office whether there was any leeway in changing the
application amounts, but that they were generally pretty strict with that kind of thing.
CMHC-Facility Rehabilitation: Sherri Zastrow
Zastrow said the agency is located in four old buildings on the corners of Van Buren and College
Streets. The application requests funding to replace the asphalt in the alley between the "club
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 21 of 25
house," where folks with chronic mental illness can go for socialization and skill building, and the
psychiatry/therapy buildings. Zastrow said the agency sees all ages from children to the elderly and
has a lot of traffic in and out. About 2,200 clients are seen each year, which rounds to about 22,000
face to face visits, to give an idea of the amount of foot traffic.
Zastrow said that the alley has a lot of trip hazards, especially in the winter as the uneven surface
makes plowing difficult. Zastrow said they wish to replace the alleyway and part of the driveway
behind 507 E. College Street. Zastrow explained that the alleyways are the responsibility of the
property owner even though they are public thoroughfares for anyone to drive on.
Zastrow said that the other project is to replace windows in the 125 year old corner building to help
with drafts that have resulted from the uneven settling of the building.
Shaw asked if the two projects were listed in priority order and Zastrow said that they were. Zastrow
said she was very concerned that someone would fall on the uneven alleyway surface.
There were no further questions for the applicant.
First Mennonite Church -Horne Ties Addition: Diane Funk
Diane Funk introduced herself as representing First Mennonite Church and introduced the Director of
Home Ties daycare as Jan.
Funk said that this is an addition to add 1,600 square feet to the church in order to provide a large
group room, storage area, kitchen and handicap accessible bathrooms. The addition is necessary
because the church has grown dramatically and needs additional space.
Funk said that the church houses Home Ties Daycare in its basement free of charge, a donation
equivalent to more than $56,000 per year when rent, utilities, building maintenance, janitorial
services and paper products are taken into account. The church community has already committed
$160,000 to the project, for a building that will be used entirely by the daycare.
Richman asked how this addition will affect the organization's budget. Funk said there will be no
increased costs to the daycare, only the church. Funk said the church is committed to taking these
additional costs on.
The Director of Home Ties informed the Commission that Home Ties provides up to three months of
free childcare for homeless and low-income families, and is the only center of their kind in the state.
She said they provide childcare during the day so that parents can go out and find housing,
employment, go to court, school or other appointments. The families receive a boost because their
children are being appropriately cared for, have age-appropriate programming, nutritious meals and
well-qualified teachers. This is one way Home Ties helps families get on their feet and on their way
to self-sufficiency.
Drum said that he understood there was a security element to the needs in the application. Funk said
that the doors are locked and the doorbell has to be rung. This sometimes results in doors being left
unlocked by church members using the church because it is an inconvenience to them as they go in
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 22 of 25
and out of the building. Home Ties collaborates with MECCA and UAY, and receives children from
DVIP and Shelter House.
Hightshoe noted that Home Ties is actually run by 4 C's (Community Coordinated Child Care, and
not by the church (no religious affiliation). The Director of Home Ties quickly pointed out that
nevertheless Home Ties would not exist without the church's support, which is where the program
began in 1995, and has been housed ever since.
There were no further questions for the applicant.
MECCA -Facility Rehabilitation: Ron Ber>s
Berg said that MECCA is requesting a package of three separate projects: 1) upgrading the keypad
system currently in place for the transitional housing units to a card swipe system and a door
intercom system, 2) aclosed-circuit TV system to monitor the entrance to the transitional housing
units, 3) upgrading the security sensor system on the windows of the residential treatment facility.
Berg said that all cost estimates came from Johnson Controls, the current vendor that MECCA uses
for security needs. Berg said that MECCA is aware that the federal labor provisions do apply. He
said MECCA is constantly scouring for grant opportunities and would be willing to contribute from
its general operating funds.
McKay asked if it was possible to separate the card swipe system form the video monitoring system.
Berg said they are currently separate.
Drum asked if other vendors were consulted. Berg said they had not yet as this vendor has been
reliable and is typically pretty close to the bids of other vendors. Shaw asked if the requests were in
priority order, and Berg said they were.
McKay said he had intended to ask if the card access and the door intercom could be separated from
one another, getting by with just the card swipe system. Berg said that doing so would not achieve
the security objective.
McMurray asked what the window tampering involved. Berg said currently there is a sensor on the
outside of the window that is surface mounted whose function can be interrupted in ingenious ways.
This has sometimes led to prohibited items entering the facility.
There were no further questions for the applicant.
DVIP -Facility Rehabilitation: Kristie Doser
Doser said that DVIP is in its 16`h year at its current location and has served over 5,000 women and
children. Doser said that DVIP has looked to HCDC for various renovations and repairs for the
building. Doser said that the 16-year old air conditioners are hitting the end of their lifespan, and
will likely fail completely if not replaced sometime in the next two years. Doser said that the air
conditioners really struggled last year, and that they expect to have to replace a minimum of two this
year. Doser joked that it is unwise to take air conditioning away from people in crisis.
Doser said that DVIP will be doing fundraising for this project. She noted that 42% of clients come
from Iowa City and 67% of them come from Johnson County.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 23 of 25
Doser said that DVIP allocates a minimum of $20,000 annually for capital reserves. Doser said that
they understood that over the last four or five years DVIP has requested smaller items, but that
CBDG is one of the few funding sources for this type of funding.
DVIP is aware of the Davis-Bacon requirements and it is an important part of how they have done
such work in the past. McMurray asked if each unit was about $3,000. Doser explained that unit
prices are based on the layout of the building and how the ductwork was set up. Different sized units
are required for different parts of the building. Doser said that there are two different bids within the
application: one has a longer warranty period and is therefore more expensive.
Richman asked how old the current air conditioning units are. Doser said they are original to the
building, 16 years. Drum noted that last year's allocation was for a security fence. He said that he
noticed that not only is the new fence not up, but the old one is even worse and he wondered why
that was not taken care of. Doser said that the building flooded in July, and by the time they returned
to the space it was late October. Because of the weather and the fact that the children would not be
using it over the winter, they put it off until spring. Doser said that she appreciated Drum asking that
as she would hate for that to have been a concern that had been left unaddressed.
There were no further questions for the applicant.
Arc of Southeast Iowa -Facility Rehabilitation: Bill Realran
Regan said that the application request is for new floor covering for the upper level of the building.
Reagan said that Arc has had experience implementing Davis-Bacon, and would be able to proceed
with partial funding. Reagan said that the upper level is divided into an east wing of primarily
offices and a west wing of higher client and community traffic. Reagan said that with partial funding
Arc would just do the west wing. Drum said it seemed to him that the east carpet was in far worse
shape than the west side. Reagan said that was correct, but that because that was where the offices
were, they would replace the side that had more programming.
There were no further questions for the applicant.
United Action for Youth -Facility Rehabilitation: Jim Swaim
Jim Swaim introduced himself as the director of UAY. Swaim said all three properties owned by
UAY on Iowa Avenue were supported by CBDG funds.
Swaim said the application is to fund repairs at 422 Iowa Avenue. A community volunteer group has
offered to paint the building if UAY can supply the paint. Estimates for the paint were derived from
two paint contractors.
McMurray asked if lead would be a concern with the paint conditions. Hightshoe said that is only a
concern for residential properties. Swaim said that all lead paint had been removed when the
property was acquired.
Swaim said that the steps also need to be replaced, and a contractor had given him a verbal estimate
for that. Swaim said that when windows at their property on 410 Iowa Avenue were replaced, UAY
was required to use windows that fit the State Historic Preservation Office guidelines. At that time,
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
FEBRUARY 19, 2009
MEETING ROOM A, IOWA CITY PUBLIC LIBRARY
Page 24 of 25
UAY used Adams Architectural Windows out of Eldridge. To derive the current estimate, the same
pricing data was used.
Swaim said that quite honestly he is embarrassed by that building. He said after the floods of 1993-
1994, UAY was eligible for a group of dislocated workers to do work on the building through a
federally funded grant. He said the work was never done very well, and he is not exactly proud of its
appearance.
Swaim said that funds had been set aside for some of this work, but at Thanksgiving they had a
catastrophic failure of their furnace and air conditioning units.
There were no further questions for the applicant.
Hightshoe noted that she would e-mail Commissioners the ranking and allocation forms in excel
format on February 20`h. They are due by Feb. 27. If a Commissioner prefers a paper copy, they
need just let her know.
There were no further questions for the applicant.
ADJOURNMENT:
Shaw motioned to adjourn. Crane seconded. The motion passed 8-0 (Douglas absent).
The meeting was adjourned at 9:15 p.m.
Housing & Community Development Commission
Attendance Record
2009
Name Term
Ex fires
2/17
2/18
2/19
Crane, Steve 09/01/09 X NM X
De France, Marc 09/01/09 O/E NM X
Dou las, And 09/01/11 X NM O/E
Drum, Charlie 09/01/10 X NM X
Hart, Holl Jane 09/01/10 O/E NM X
McKa ,Michael 09/01/11 X NM X
McMurra ,Rebecca 09/01/11 O/E NM X
Richman, Brian 09/01/10 X NM X
Shaw, Michael 09/01/09 X NM X
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No Meeting
-- -- = Not a Member
2b 4
MINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, FEBRUARY 17, 2009 - 11:00 AM
PLANNING DEPARTMENT CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Steve Crane, Andy Douglas, Charles Drum, Mike McKay,
Brian Richman, Michael Shaw
MEMBERS ABSENT: Marcy DeFrance, Holly Hart, Rebecca McMurray
STAFF PRESENT: Tracy Hightshoe, Steve Long
RECOMMENDATION TO COUNCIL (become effective only after separate Council
action):
None
Call to order:
Brian Richman called the meeting to order at 11:00 a.m.
Site Visits to FY10 CDBG/HOME Proposed Project Sites
• Arc of Southeast Iowa (2620 Muscatine Ave.). Bill Reagan provided a tour of the
facility and highlighted the project sites.
• MECCA (430 & 436/8 Southgate Ave.). Ron Berg and Heidi Cuda provided a
tour of the the project sites.
• United Action for Youth (422 Iowa Ave.). Jim Swain provided a tour of the project
site.
Adjournment:
MOTION: Drum moved to adjourn the meeting. Douglas seconded the motion. The
motion carried on a vote of 6-0.
The meeting was adjourned at United Action for Youth at 1:10 p.m.
Housing & Community Development Commission
Attendance Record
2009
Name Term
Ex fires
2/17
Crane, Steve 09/01/09 X
De France, Marc 09/01/09 O/E
Dou las, And 09/01/11 X
Drum, Charlie 09/01/10 X
Hart, Holl Jane 09/01/10 O/E
McKa ,Michael 09/01/11 X
McMurra ,Rebecca 09/01/11 O/E
Richman, Brian 09/01/10 X
Shaw, Michael 09/01/09 X
Key:
X = Present
O = Absent
O/E = AbsenUExcused
NM = No Meeting
-- -- = Not a Member
2b 5
MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, FEBRUARY 12, 2009
EMMA J. HARVAT HALL
APPROVED
MEMBERS PRESENT: Esther Baker, William Downing, Lindsay Bunting Eubanks, Carl Hirschman, Pam
Michaud, Jim Ponto, Ginalie Swaim, Alicia Trimble, Frank Wagner
MEMBERS ABSENT: Thomas Baldridge
STAFF PRESENT: Christina Kuecker, Robert Anderson
OTHERS PRESENT: Helen Burford, Tim Toomey
CALL TO ORDER:
Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. She welcomed Hirschman as the
new Longfellow District representative.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATE OF APPROPRIATENESS:
1033 Woodlawn Avenue.
Kuecker showed photographs of the house as it is currently and showed what the applicant proposes.
She said the applicant proposes to remove the double window and replace it with two taller windows that
are more evenly spaced. Kuecker said the applicant also proposes to take the taller window and move it
eight inches to the left and eight inches higher to accommodate a kitchen remodeling. She showed
windows on the back side where the applicant proposes to remove and replace the windows.
Kuecker said she found previous files from an addition on the house that shows that the windows to be
replaced were actually replacement windows from the early 1990s. She said this proposal is therefore
not altering the historic fabric of the house and is in fact probably bringing it back closer to what it was like
before the 1990s alteration. Kuecker said that the guidelines allow for the replacement of deteriorated
windows. She stated that the deterioration of these windows is questionable, but since these are
replacement windows this is probably a good call.
Kuecker said staff recommends approval of this project with the conditions that the windows must be
either solid wood or metal-clad, solid wood double hung windows, with either true divided lights or
simulated divided lights with muntin bars adhered to both sides of the glass but not with snap in muntin
bars; if metal-clad wood windows are used, the sash color shall be dark to match the existing windows;
and that any siding repair or replacement necessary must match the existing siding in dimension, profile,
and material.
Toomey said that he represents the homeowner. He said the owner had a question as to whether there
could be an alternative option for the windows. Toomey distributed specifications of the alternative
window. He said that one is as one would expect, but the other is that the two sashes are different sizes.
Toomey said the owner wants to know if that is a possible option, to have that second window as an
option.
Bunting Eubanks asked which window the owner wants to change. Toomey said it would be all the new
windows. Bunting Eubanks asked if it would be the same style but a different size. Toomey responded
that it is a different proportion from the bottom sash to the top. He said the owner isn't set one way or the
other but wanted to know if that could be a possible option.
Historic Preservation Commission Minutes
Page 2
Michaud asked how many and if they would be shorter than the proposed windows. Toomey replied that
they are not shorter than the proposed windows - it is the proportion between the two sashes that is
different.
Kuecker said the owner would like to have the option of either having the top sash and bottom sash be
the same size or having the top sash be shorter and the bottom sash be taller. She said it would be the
same window openings.
Downing asked if there is a reason for the wanting the second window. Toomey said he did not know
what the reason would be. He said the owner likes them and wanted to know if that could be an option.
Downing said the free air opening at its maximum would actually be smaller.
Bunting Eubanks asked Kuecker for her opinion. Kuecker responded that without knowing exactly what
was in the area of the house prior to the previous window replacement it is hard to know for sure, but
more common would be the even sized top and bottom sash. She said, however, that this is in the back
of the house, and because it is bringing it closer to what it was originally, that it could probably be
approved within the guidelines.
Swaim said that she would encourage the owner to go with the same sized sashes. Toomey said that he
has been encouraging that, but he is representing the owner and is throwing the option out there. Swaim
added that in the end the house is going to look better, and no one will have to wonder about why they
are different in the future.
Ponto asked Toomey if he could salvage the siding and reuse it. Toomey stated that if he breaks it up,
he'll salvage it; he said that any new siding would be cedar siding.
Wagner said that they should make sure that the exterior trim is as shown in the photos and matches the
trim on the rest of the windows.
Kuecker said that because metal clad windows are paintable but are rarely painted, it is her opinion that if
the windows are replaced with a metal clad that is white, it would look out of place on the house. Toomey
said the owner has not picked a manufacturer yet, but if they use metal clad, it would be black, as all the
sashes on the house are traditional black.
Bunting Eubanks asked for opinions on giving the owner the option of which windows to use. Swaim said
that she is only one person but thinks the evenly divided windows would be better into the future.
MOTION: Ponto moved to approve a certificate of appropriateness for the application for 1033
Woodlawn Avenue as presented with the following conditions: the windows must be either solid
wood or metal-clad, solid wood double hung windows, with either true divided lights or simulated
divided lights with muntin bars adhered to both sides of the glass, but not with snap in muntin
bars; if metal-clad, solid wood windows are used, the sash color shall be dark to match the
existing windows; any siding repair or replacement necessary must match the existing siding in
dimension, profile, and material; and that the owner has the option to use the windows with
uneven top and bottom sashes, but with strong encouragement to use the evenly divided
windows top and bottom and with the trim around the windows as shown in the illustration,
particularly the mullion separation between the two windows. Hirschman seconded the motion.
Ponto said that this will look a whole lot better. Toomey said he agreed, especially for the side with the
crank out windows and sliders.
The motion carried on a vote of 9-0.
VIRTUAL FORUM UPDATE:
Bunting Eubanks said that the Commission is putting together a forum to be broadcast on television to
showcase the guidelines so that homeowners know what is expected of them. Kuecker said that she put
this on the agenda to give an update and to suggest an extension of the date for broadcast. Kuecker
Historic Preservation Commission Minutes
Page 3
suggested changing the date to the 26'h of March. She thought that wou-d still be in time for people
planning their summer home projects.
Kuecker said that the PowerPoint presentation is 98% complete. She said that invitations and postcards
to send to contractors are done. Kuecker said that she has the letter drafted with addresses for those
who live in historic districts and was just waiting for the date.
Bunting Eubanks said that the room should be reserved as soon as possible if the date is changed.
Kuecker said she would make arrangements for that. Bunting Eubanks said that the main purpose of the
forum is to answer questions and show the slide presentation, including examples of historic styles in
Iowa City and discussing what would require historic review and what does not. Kuecker said the
program will be broadcast live on the City's cable channel, will be streamed live on the website, and
people will be invited to attend in person.
Bunting Eubanks said that the date change sounds reasonable to her. She said she hopes having the
information out there will save Kuecker and the Commission a lot of work. Bunting Eubanks asked
Commission members to let people know that the new date will be March 26'h.
CONSIDERATION OF MINUTES FOR JANUARY 8. 2009
MOTION: Swaim moved to approve the minutes of the Commission's January 8, 2009 meeting, as
written. Baker seconded the motion. The motion carried on a vote of 9-0.
OTHER
Kuecker said she had distributed the a-mail from Burford about Don Poe. She said she also distributed
an a-mail from the State Historical Society, which is taking nominations for "Preservation at its Best"
awards, Kuecker said that if anyone had or knew of a project that would be worth nominating, they
should let her know. Bunting Eubanks asked if the awards had to be for a recent project. Kuecker said
that she would find out. She suggested Commission members let her know of projects and she will
contact the property owners.
Burford, of Friends of Historic Preservation, said she had wondered if there was a way to promote being
sustainable community and how historic preservation is a part of that. She said that there was a project
in Des Moines that was a sustainable renovation for a historic house.
Burford said that the first sustainable energy star house was actually in Iowa City. She said that it is
located by Finkbine. Burford said that with more and more focus on energy savings and making buildings
sustainable, there are lots of things that Poe's group does. She said that even though they talk about
new windows, it is the physics of what happens with induction, drafts, and fixing leaks that pertains to all
windows. Burford said these are all things that are applicable to an older home.
Burford said that what they actually advocate for is the same thing that one would want people to
understand in historic preservation. Burford said this is a way to parlay the historic preservation
guidelines to be something that is a benefit and good for the environment and friendly rather than
something that is antagonistic.
Bunting Eubanks said that she would like to have input on this for the virtual forum, because each slide is
about a minute on why this guideline or why that guideline. She said that energy efficiency could be
included in the section on windows.
Historic Preservation Commission Minutes
Page 4
Burford said that Poe is hungry to learn those kinds of things. She said that the Commission would bring
a lot of legitimacy to what it would be saying if it was able to sit down and share certain kinds of repairs.
Burford said that then when he speaks about it, it helps him to have another way of explaining how there
is a way to repair or restore something to be a sustainable building.
Swaim said that a recent National Trust issue had a long article about the greening of historic
preservation. Bunting Eubanks asked Burford if Friends of Historic Preservation would be sponsoring a
forum with Poe as a speaker. Burford replied that Friends wants to do something like that. She said the
Commission might want to have input in how it is done and what sort of things to talk about.
Burford said that in terms of energy savings, insulation is a huge topic. She said that the repair of
windows is another issue. Burford said that there are new products, and there has to be some sort of
weighing of whether what is done is worth it. She said that vinyl windows are one example of something
that doesn't work.
Swaim said she thinks it is great that Friends is planning to do something like this. She stated that this
seems to be kind of new ground, and since Poe is not up to speed with what the Commission is thinking,
maybe all the Commission can do is make suggestions.
Ponto said that except for windows, everything else Burford is mentioning isn't really part of what the
Commission does. Hirschman said that in general, there are a lot of people who are scared to do those
things. He said that getting people comfortable that a historic home doesn't have to be an energy pit is
an important thing to encourage. Ponto agreed but said that most of the issues relate to the interior of a
house.
Burford discussed geothermal and said that it is probably the most efficient way to use energy. She said
that at some point, historic preservation should also take into consideration saving older structures that
are threatened by high heating bills when it is not feasible to insulate them effectively.
Swaim said that she agrees with what Burford has to say but feels that a role the Commission should not
play is being part of this presentation. Swaim said the whole area of this is too new and undefined. She
said that maybe a round table discussion or forum could be held with Poe, and a couple of contractors
could discuss old houses and the obstacles and successes involved with them. Swaim said that if the
Commission is involved in something other than encouraging the discussion, she thinks the public could
get the message that this is what the Commission is all about, and the Commission hasn't discussed
many of these issues yet.
Bunting Eubanks said that would be her concern -that he would suggest a specific thing and it would be
something that the guidelines disallowed or hasn't been tested. Swaim said that what he is trying to do is
give out information, and what the Commission does is to regulate and make decisions. She said that
those things are too confusing to try to do at the same presentation.
Hirschman suggested that might be how a forum would work, with a group of panelists from the Historic
Preservation Commission on an unofficial basis but having background knowledge. He said then that
information could be used in the future so that future applicants or people with questions can have more
resources and information.
Ponto said that if Poe has some specific information that is appropriate, he could make a short
presentation first, and then it could go into the forum. Michaud said that if he proposed some new
material that is not in the guidelines, people will be upset with the Commission's restrictions. She
suggested that be covered beforehand. Bunting Eubanks said that anything on the interior would be
acceptable.
Bunting Eubanks said the Commission appreciates the work that Friends of Historic Preservation does.
Burford said, regarding the other a-mail, that there will be space at the library on February 21 S` from 10
a.m. to 4 p.m. to work on research for Manville Heights. She said that everyone is welcome to attend,
and the actual City records will be available in the room.
Historic Preservation Commission Minutes
Page 5
Michaud said that she went to the Johnson County Administration Building, and they had a lot more
records on the houses from 1950 forward that filled in a lot of the blanks. She said the documents were
accessible, even though they might be past the relevant dates.
Kuecker said that a lot of volunteers have not yet turned in their information, so it's hard to tell how much
work is left. Kuecker said that reminder a-mails have been sent out, and she has heard from some of the
volunteers. Kuecker said that if there are not enough volunteers, then she and Anderson and other
people in their office and Svendsen will fill in the blanks where needed.
Burford said that there are several activists, from the Longfellow Neighborhood in particular, who have
contacted her with concerns that both the Longfellow and Horace Mann Schools are threatened. Burford
said that Longfellow is in a historic district and Horace Mann is not, and she wondered if the Commission
would want to discuss actions that might be taken.
Ponto said that he was at the Horace Mann meeting held by Dr. Lane Plugge, the Superintendent of
Schools. He said that basically what it comes down to is that since the SILO was passed and the school
district is getting the tax, five years of money has been committed to different areas and different schools,
including building new schools. Ponto said that the old schools, including Roosevelt, Longfellow, Mann,
and Lincoln, really have no money designated for those schools in the next five years for any major
projects.
Ponto said Plugge stated that the plan is not to close these schools; there just have not been any
decisions yet. Ponto stated that audience members asked when the decision would be made and
speculated that the school district would let the buildings deteriorate to the point where they are too far
gone. He said that there are a lot of parents and residents where these local, neighborhood schools are
located who are very upset and are writing letters to the School Board.
Ponto said that Roosevelt apparently has some structural and envelope problems with water, etc. He
said that the other schools are apparently in pretty good shape structurally, but they aren't handicapped
accessible and have some other issues. Ponto said that if there would be an addition to Horace Mann,
for example to add library space and some other things, at that point the building would have to come up
to code on everything, and that would be very expensive. He said that structurally some of the schools
are sound and could stand for another 90 years.
Bunting Eubanks asked if there is anything the Commission could do, particularly for Longfellow.
Kuecker said that Longfellow is within the Longfellow Historic District. Kuecker said that the Longfellow
building is protected by the historic preservation guidelines and cannot be torn down without approval.
She said that Horace Mann is not in any sort of district and is not a local landmark. Kuecker said that a
conservation or historic district could be created including Horace Mann, but more than likely, the School
Board would not support that designation.
Downing said the issue is not so much preserving the building so much for its exterior but more an issue
of preserving the building for its function. Kuecker agreed that it is not just the building that is important to
the neighborhood but is having a neighborhood school that the residents' children can walk to and that
gives them a sense of community.
Ponto stated that a consultant looked at all the schools and the condition of the schools. He said that one
of the comments about Horace Mann was that the library was too small compared to other schools in the
district and the school needed more small classroom space. Ponto said that it would be difficult to do that
in the existing footprint, and someone suggested an addition to the building. He said it was then stated
that the cost of an addition would involve bringing the whole building up to code.
Kuecker said that the Commission could send a letter to the School Board. Bunting Eubanks said that
the Commission's aim is not to just preserve the building but also the history of it, and if a building
functions as a school, perhaps it adds to the historic authenticity of the neighborhood to keep it
functioning as a school. Michaud said that a school is a community center and is invaluable in
maintaining strong neighborhoods.
Historic Preservation Commission Minutes
Page 6
Kuecker said she has done a lot of research on this and could draft a letter for the Commission's
approval.
Hirschman stated that from the City's perspective, especially in the Longfellow Neighborhood, the
elementary school drives the property values there. He said there it drives a higher neighborhood value,
which is tied to the City tax assessments, which is tied to the City's funding, which ties into school
funding.
Wagner said that more homes in the North Side Neighborhood have been converted back to single-family
homes, and he suspected that the student population of Horace Mann has or will grow.
Ponto said that right now there is not enough capacity in the district buildings to close an elementary
school so that this issue relates to five years or more in the future. He stated, however, that some of the
older schools will need maintenance for five years, and if nothing is done, they start getting to the point
where they will be expensive to save.
Kuecker suggested Commission members a-mail any ideas to Kuecker so that they can be incorporated
into the letter to the School Board.
ADJOURNMENT:
The meeting was adjourned at 7:05 p.m.
Minutes submitted by Anne Schulte
Historic Preservation Commission
Attendance Record
2009
Name Term
Expires 1108 2113
Baldrid a 3/29/11 X O/E
Baker 3/29/09 X X
Downin 3/29/10 X X
Eubanks 3/29/11 X X
Hirschman 3/29/11 -- -- X
Michaud 3/29/09 X X
Ponto 3/29/10 X X
Swaim 3/29/09 X X
Trimble 3/29/10 X X
Wagner 3/29/09 X X
Key:
X =Present
O =Absent
O/E = AbsenUExcused