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Home My WebLink About2009-04-16 Info Packet~ - i -n..i_. CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET April 16, 2009 APRIL 20 SPECIAL COUNCIL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Assistant Transportation Planner: JCCOG Metro Bicycle Master Plan MISCELLANEOUS IP3 Memorandum from Fire Chief Rocca: Open House -Fire Station 2 IP4 Email from Mark Cannon to the City Manager: Thank you IP5 Memorandum from the Director of Planning and Community Development: Update-Flood related activities IP6 Memorandum from Nasseem Hesler, Flood Recovery: Flood Recovery Update -Use of Jumpstart State #2 funds IP7 Correspondence from Eve Casserly: AARP meeting sites [Staff response included] IP8 Letter from Lee Grassley, Mediacom, to the City Clerk: Premium Package Rate Change IP9 Letter from Barbara Mitchell to Mayor Bailey: Wetherby House, 611 North Governor IP10 Invitation: Iowa City Community String Orchestra Concert Sunday, April 19, 2009 IP11 Invitation (revision): Meet Phil Keoghan of CBS's The Amazing Race, April 21, 2009 IP12 Agenda: Johnson/Linn County Public Leadership Group meeting May 21, 2009 DRAFT MINUTES IP13 Telecommunications Commission: February 23, 2009 IP14 Planning and Zoning Commission: April 2, 2009 IP15 Housing and Community Development Commission: March 26, 2009 ~ _ 1 ~~ ~~~'~ CITY COUNCIL INFORMATION PACKET ~~~~~ ~~ CITY OF IOWA CITY April 16, 2009 www.icgov.org APRIL 20 SPECIAL COUNCIL WORK SESSION IP1 Council M tings and Work Session Agenda IP2 Memorandum m the Assistant Transportation Planner: CCOG Metro Bicycle Master Plan MISCELLANEOUS IP3 Memorandum from Fire Chi Rocca: Open House -Fir Station 2 IP4 Email from Mark Cannon to the ~ty Manager: Thank ou IP5 Memorandum from the Director of P Wing and Co unity Development: Update-Flood related activities IP6 Memorandum from Nasseem Hesler, Floo Reco ry: Flood Recovery Update -Use of Jumpstart State #2 funds IP7 Correspondence from Eve Casserly: AARP m ing sites IP8 Letter from Lee Grassley, Mediacom, to the ity C1e :Premium Package Rate Change IP9 Letter from Barbara Mitchell to Mayor Bail y: Wetherb House, 611 North Governor IP10 Invitation: Iowa City Community Stri Orchestra Conc Sunday, April 19, 2009 IP11 Invitation (revision): Meet Phil Keog an of CBS's The Amaze Race, April 21, 2009 IP12 Agenda: Johnson/Linn County blic Leadership Group meet g May 21, 2009 DRAFT MINUTES IP13 Telecommunications Co mission: February 23, 2009 IP14 Planning and Zoning C mmission: April 2, 2009 IP15 Housing and Commu ity Development Commission: March 26, 2009 , ~ L 1 -~ ®~, 04-16-09 ,,,,~_„_ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas April 16, 2009 www.icgov.org • FRIDAY, APRIL 17 Emma J. Harvat Hall 4:OOp Special Formal -Executive Session [City Manager Evaluation] Separate agenda posted • MONDAY, APRIL 20 Emma J. Harvat Hall 6:OOp Special Council Work Session ^ Metro Bicycle Master Plan (reference IP2] • Agenda Items ^ Information Packet Discussion (4/9 & 4/16] ^ Council Time • Schedule of Pending Discussion Items • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MAY 4 Emma J. Harvat Hall 6:30p Council Work Session Special Formal -Executive Session [City Manager Evaluation] • TUESDAY, MAY 5 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MAY 18 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • TUESDAY, MAY 26 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • THURSDAY, MAY 28 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • MONDAY, JUNE 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting :..®~,~ ,~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas April 16, 2009 www.icgov.org • MONDAY, JUNE 15 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 16 Emma J. Narvat Nall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 29 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JUNE 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, JULY 6 Emma J. Harvat Hall 6:30p Regular Council Work Session 7:OOp Special Formal Council Meeting Emma J. Harvat Hall Continue Council Work Session if necessary • MONDAY, JULY 27 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JULY 28 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, AUGUST 17 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, AUGUST 18 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, SEPTEMBER 14 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, SEPTEMBER 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, SEPTEMBER 16 Johnson County Health and 4:OOp Joint Meeting Human Services Bldg • MONDAY, SEPTEMBER 28 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, SEPTEMBER 29 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting r r~~ Date: April 15, 2009 To: City Council From: Kristopher Ackerson, Assistant Transportation Planner Re: JCCOG Metro Bicycle Master Plan JCC ~P m e m o This memorandum provides a brief summary of the planning process and progress update on the JCCOG Metro Bicycle Master Plan. The executive summary is enclosed for your reference but the complete draft plan is available online at: http://www.jccog.org/documents/DRAFTBikePlan 2 17 09.pdf Background In 2007, the City of Iowa City received the Bicycle Friendly Community designation of "Honorable Mention" from the League of American Bicyclists. As a result, the City of Iowa City and all other JCCOG entities agreed a new regional bicycle plan would provide an inventory of existing facilities and identify new opportunities to improve bicycle access. As the metropolitan planning organization for the area, the Johnson County Council of Governments (JCCOG) was asked to develop this plan. Planning Process and Public Involvement The JCCOG Regional Trails and Bicycling Committee -composed of representatives for each JCCOG entity -has served as the project steering committee. The planning process involved three steps: 1) an inventory of existing bicycle accommodations and the level of service; 2) undertaking a community needs assessment; and 3) developing Recommendations and Bicycle Infrastructure Projects. Together, these components make up the Metro Bicycle Master Plan for communities in the Urbanized Area -giving the communities direction to accommodate the needs of current and future cyclists. Over 640 residents provided input regarding local bicycling trends and residents' priorities for the plan through two bike plan workshops and an online survey. The JCCOG planning team also met with staff from the cities of Coralville, Iowa City, North Liberty, Tiffin, University Heights, the Clear Creek Amana and Iowa City Community school districts, the University of Iowa, and local bicycle advocates. Conclusion I will be at your April 20th work session to present the draft plan, answer questions, and gather your feedback. In May, the JCCOG Transportation Technical Advisory Committee will consider giving its approval of the draft bike plan. Following TTAC approval, many JCCOG entities will consider adopting the plan. Feel free to contact me with questions at 356-5247 or Kristopher- Ackerson@iowa-city. org. Enclosed: Executive Summary, JCCOG Metro Bicycle Master Plan CC: Jeff Davidson, Planning Capt. Matt Johnson, Police Ron Knoche, Engineering Mike Moran, Parks and Recreation Kent Ralston, JCCOG Assistant Transportation Planner John Sobaski, Traffic Engineering Superintendent Bud Stockman, Streets John Yapp, JCCOG Executive Director Executive Summary Since 1968, six bicycle and trail plans have been created by the communities in the Iowa City urbanized area: Coralville, Iowa City, North Liberty, Tiffin, University Heights, and Johnson County. Today, most of the recommendations identified in those plans have been implemented. The JCCOG Metro Bicycle Master Plan outlines new strategies to create an accessible and coordinated bike network bolstered by targeted education and encouragement programs, and enforcement and policy recommendations that build upon the existing bicycle network. The scope of the plan includes the urbanized area and linkages to surrounding areas. This executive summary highlights existing bikeway facilities, community needs, goals and objectives, and recommendations for the urbanized area. Community Needs Assessment Future bicycle facilities need to reflect identified community needs. JCCOG engaged community input in a public involvement process, which included two community workshops and an online survey. The purpose of the workshops was to identify the most well-liked programs. Table ES-1 shows the commonly requested on-street facilities. Residents indicated a desire for a number of improvements, including: Engineering -Install more on-street accommodations Education - Publish bike rack location map online, including sheltered racks and lockers Encouragement -Continue to offer free operational space to Iowa Bicycle Coalition and I.C. Bike Library Enforcement -Enforce headlight/reflector laws during non-daylight hours Evaluation -Conduct peak hour counts of bicycle commuting on- street Metro Bicycle Master Plan Executive Summary Page 1 Table ES - 1. Preferred on-street bike facilities at 2008 bike plan public workshops On-Street Facilities Count Percent Bike Lanes (new streets) 118 32% Bike Lanes (existing streets) 96 26% Sharrows 65 17% Way Finding Signs 38 10% Bike Boulevards 28 7% Bike Routes 21 6% Siqned "Share the Road" 8 2% Total 374 100% Goals and Objectives The JCCOG Regional Trails and Bicycling Committee assisted in identifying ten goals to address the findings of this master plan. They provide a framework to plan for the future of the Urbanized Area's bike network. The goals, in non-priority order, are highlighted below. Goal 1. Implement the Metro Bicycle Master Plan Goal 2. Increase the number of people bicycling for transportation and recreation Goal 3. Improve bicyclist safety Goal 4. Reduce greenhouse gas emissions Goal 5. Improve health and fitness Goal 6. Education, enforcement, and encouragement Goal 7. Enhance economic development Goal 8. Build "Safe Routes to Schools" Goal 9. Provide bicycle parking Goal 10. Ensure high quality of service The plan goals provide objectives that JCCOG entities can pursue. The goals respond to suggestions and concerns that arose through the process of developing this plan, and the objectives identify ways to achieve the goals. System-wide Recommendations As the bicycle network evolves, prioritizing improvements is a challenge. The master plan recommendations synthesize an inventory Metro Bicycle Master Plan Executive Summary Page 2 of bicycle facilities, input of 24 local staff and elected officials, and priorities identified through the public input process (645 participants). The following system-wide recommendations can be pursued by all communities in the Urbanized Area to become more bicycle-friendly. Engineering -Install on-street accommodations, which can include the following options depending on site conditions: ^ Shared lanes ^ Bike lanes ^ Wide curb lanes ^ Striped shoulders ^ Traffic calming Education -Facilitate bicycle safety through: ^ Public service announcements targeted at young adults; ^ Drivers' education classes; and ^ Elementary schools' physical education classes. Encouragement - Implement a coordinated way-finding system on trails and roadways across the Urbanized Area to assist route finding. Enforcement -Implement and publicize bike light enforcement program during the fall and offer discount bike lights to encourage safety. Evaluation -Achieve the platinum "Bicycle Friendly Community" designation from the League of American Bicyclists. Summary Completion of this plan is the next step toward continuing to become more bicycle friendly. With careful attention, bicycling will continue to be a viable option both for recreation and commuting. Metro Bicycle Master Plan Executive Summary Page 3 IP3 Iowa City Fire Department "Serving with Pride and Professionalism Since 1872" DATE: April 13, 2009 TO: Michael Lombardo, City Manager FROM: Andrew J. Rocca, Fire Chief RE: Open House -Fire Station 2 At a recent staff meeting, it was decided to conduct the open house for re-constructed Fire Station 2 on Sunday, June 7, 2009, from 1:00 PM to 4:00 PM. Please mark your calendar and plan to attend. Additional details will be released during the month of May. AJR/bdm cc: Marian Karr, City Clerk City Councilmembers Fire Stations 1, 2, & 3 FIRE DEPARTMENT • 410 E. Washington Street • Iowa Ciry,1A 52240 Phone: (319) 356-5260 Office of the Fire Chief Office of the Fire Marshal Battalion Chiefs Fire Training Fire Administration Fire Prevention Bureau Station 1 Station 1 (319)356-5256 (319)356-5257 (319)356-5262 (319)356-5258 FAX: (319) 356-5263 www.icfd.org HazMat Public Education Station 2 Stntion 3 (319)356-5266 (319)356-5265 IP4 Michael Lombardo ~ ~~c,' ~ _____.__~__ ~ .~.__~.~.____~_~.__~ ~ _~_~ C'4 _m._ _. From: Mark Cannon [markc39@gmail.com] Sent: Wednesday, April 15, 2009 1:15 PM To: Michael Lombardo Cc: Jeff Davidson; Marcia Bollinger Subject: Thanks Dear Mr. Lombardo, I am one of the neighborhood coordinators for the Miller-Orchard Neighborhood (MONA). I am writing to let you know how much our neighborhood appreciates and has benefited from the support given to us in recent neighborhood planning by Marcia Bollinger. Marcia has been our 'anchor' through the entire planning process. She is extremely knowledgable about resources available within city offices and in the broader community that have been vital to our planning. In this planning process, Marcia was very responsive. If one of our neighborhood members emailed with a request, an answer was always received the same day--rare in these days when everyone's plate overflows. One of Marcia's characteristics that was observed by everyone in our neighborhood process was the fact that she was always pleasant and professional, even in situations where neighborhood members were confrontative and difficult. She was honest and realistic in her advice to our neighborhood as to how to move forward with our plan. We can't say enough good things about Marcia and we hope you will share this email with any of her colleagues who can celebrate with Marcia this good news. I'm sure it's rare to End totally satisfied customers but you have found that in the Miller-Orchard neighborhood and their relationship with Marcia. We look forward to working with her as we now roll up our sleeves and get at the hard work of improving our neighborhood. Marcia, directly to you, sincere thanks, Mark Cannon Miller-Orchard Neighborhood Coordinator 4/15/2009 ~ IP5 `~`~„-_,®~~ CITY OF 1O1NA CITY .~ ~E~O~R ~~ Date: April 15, 2009 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Planning and Community Development • Staff is meeting with the Long Term Recovery Committee to continue the discussion regarding the goals and definition of "long term recovery". This meeting will happen Friday April 17th in lieu of the regular case management meeting. • Staff continues to distribute Jumpstart State and Federal Funds for housing repair, interim mortgage assistance and downpayment assistance. • The Jumpstart Federal residential rehab programs should be starting in the next few weeks as official guidelines are provided from the Iowa Department of Economic Development. • The HMGP buyout acquisition application has gone to the FEMA regional director for approval. There have been no requests for additional information at the state or regional level, so we are hoping to get final approval in the next few weeks. Staff is working on completing an HMGP administrative plan and getting required paperwork from homeowners so we can be ready to go when final approval arrives. • The Community Disaster Grants have been processed and we should be receiving the $2.4 million for the eight projects in the next two weeks. • Staff is continuing to work with other departments to submit additional grants for disaster recovery- especially related to public infrastructure. • The Community Foundation of Johnson County has allocated up to an additional $39,000 to assist flood-affected homeowners with mortgage and rental payments. This is in addition to a little over $57,000 in mortgage and rental assistance that they have already provided to 24 flood-affected families. With this latest allocation we have assisted 5 families for a total of $13,464.94 and hope to commit the remaining funds soon. • Staff is closing out Jumpstart Business #1 and commencing Jumpstart Business #2, which is for rental assistance for flood damaged business properties. r o~- ~~,:,®~ CITY OF IOWA CITY IP6 I ~- ~ ~w~~~ M E M CJ RA N D u M Date: April 15, 2009 To: City Council From: Nasseem Hesler, Flood Recovery ~J~ Re: Flood Recovery Update -Use of Jumpstart State #2 funds The first Jumpstart State allocation of $686,000 has been committed and distributed to 26 households in the form of repair funds, interim mortgage assistance and down payment assistance. The average repair award from the first allocation of State funds was $35,132. The average amount of damage suffered by each household was around $75,000-85,000. The City was awarded a second allocation of $823,000 in State funds that have a maximum distribution limit of $24,999 and are restricted to households that are 150% or below area median income. These guidelines have created a surplus in funds around $190,000 and staff proposes that the surplus be distributed to households that received less than $34,999 in the first Jumpstart State distribution. Staff has chosen the amount of $34,999 based on the average of $35,132 distributed from the first State allocation. The State issued three funding priorities for the second allocation and Staff will fund according to the following guidelines; 1. Applicants who received no Jumpstart aid yet; 2. Applicants who received aid but not equal to the $24,999 cap; 3. Applicants who received up to $24,999 but still have unmet needs. At the October 6, 2008 Council work session, the first allocation of State funds was limited by Council to cover only "basic systems" (weatherization, interior/exterior shell, electrical, windows/doors). This limitation was not officially approved by resolution; therefore removing this limitation would not require a Council vote. If the "basic systems" requirement were removed and the additional surplus funds, up to $34,999 were distributed to households who received less under either allocation, approximately 23 households would receive additional funds, bringing the final award amount closer to the average award of $35,132. Removing the "basic system" requirement and re-distributing the surplus funds to eligible households would also have the effect of making awards more evenly and fairly distributed amongst the affected households. Staff will move ahead with opening up the funding opportunities to non-basic systems (flooring, cabinets, trim, etc.) unless a majority of Council members disagree at your April 20 Council meeting. If you have any questions please feel free to contact me at nasseem-hesler(a~iowa-city.orq or 356-5479. 1615 Pine Ridge Court - Coralville, lA 52241 ~P7 April 6, 2009 To: the AARP Nominating Committee and members of AARP Chapter # 1816 From: Eve Casserly -vice-chair of AARP Chapter 1816 and Acting Chair RE: AARP meeting sites I am serving as acting chair following the resignation of Richard Tibbetts. His resignation followed a series of difficult encounters preceding the ultimate closure of the AARP office in the SC after 29 years of service. The specifics date back to my tenure as AARP chair when building construction on the ground floor closed the AARP office ~~temporarily". I was assured the office would be available for our return upon completion. Mr. Tibbetts in turn met three times with Ms. Kopping regarding the reopening and later when it appeared that while other ground floor spaces were in use again, the AARP office had become a storage 8~ dressing room for the custodian. When Tibbetts attempted to access AARP stored materials he found the room locked and the custodian was unwilling to allow him privacy in the office because ~~the custodian's wallet was in his street clothes hanging there~~, the implication beirig that Tibbetts might be a thief. Attempts were made by us to negotiate the issues with Ms. Kopping and the city manager. An old Senior Center~AARP contract required AARP to staff that 625 sq. ft office 30 hours a week with volunteers which was not being fulfilled. Our group maintained, with extensive documentation, that AARP more than compensated with commensurate service to the senior community. We suggested sharing space with groups such as the Task Force on Aging (which we were already doing) and other groups each of which would be responsible for one day of staffing per week. This resolution was ignored as was a supporting letter from the state director of AARP. Subsequently Tibbetts was notified by Kopping that the office would not be available to AARP and the contract was terminated. Kopping has reportedly determined that the office - at a later date -will be used by the groups we recommended sharing the office with. However AARP is not included. Therefore I report the following to the AARP membership: • I support Mr. Tibbetts resignation in light of the negative and abusive experiences he encountered while acting on behalf of the chapter. Until such time as there is a senior center manager 8~ senior center staff apology to Mr. Tibbetts and a making of the former AARP office (or similar space) available to senior groups including AARP, I will not attend any AARP function or AARP meeting that is held under the senior center roof. i further will give absolutely no help of any kind -including that of my time, my records, my contacts - with or for any AARP meeting or AARP function of any sort that would be held under the senior center roof until such conditions listed above are met or Ms. Kopping is no longer in her position at that building. Courtesy, honesty and respect long have been absent from the behaviors of the tax-payer supported senior center staff. I personally find this unacceptable. Df -od-o ~ Eve Casserly date .~~ ~ aa. Cc: Mike Loml~,g - Cit Man er of Iowa City ~~ ~ ~` ~ ~ I~ty City Council -.fir... ~ ~"' Iowa City Senior Commission Linda Kopping -Senior Center Manager ~ ~ Johnson County Board of Supervisors 2~ Q v. ~~ o,~`~SOn couotyrPno ~`~\ \ r 3~ ~~ ° the center 28 S. Linn Street • Iowa City, Iowa 52240-3920 est.1981 4 rn c ~~ 3 1: ao ~~eYears and s~~\\A To: Council From: City Manager Memorandum To: Michael Lombardo, City Manager From: Linda Kopping, Senior Center Coordinator Re: Response to Eve Casserly's April 6, 2009, Memorandum, AARP Meeting Sites Date: April 16, 2009 For many years the local chapter of the AARP used Center space and audiovisual production capabilities to hold monthly meetings and plan and implement programs of vital interest to the senior population. These programs have been of the highest quality and unquestionably a valuable service to the community. At the same time, the local chapter of the AARP has had a lease agreement with the city providing the local AARP chapter with the exclusive use of a ground floor office in the Center. In recent years, this office has been significantly underutilized, a fact that even Ms. Casserly acknowledges in her memorandum. In the fall of 2008, the Center began a HVAC construction project that is still not complete. As a part of this project, many items stored in the boiler room needed to be moved to provide construction workers access to the HVAC system. Because the former AARP office was rarely used, converting it to a storage space throughout this project was logical. With the AARP's consent, we moved forward with this plan and decided to store items of greater value in the office because the door locked. Ms. Casserly suggests that the local chapter of the AARP was misled about the proposed use of the office during the HVAC construction project. She asserts that the space has become "a storage and dressing room for the custodian," while other areas on the ground floor have returned to normal. This is not the case. None of the items that are being stored in the ground floor hallway and former AARP office have been, or will be returned to the boiler room until the HVAC project is complete. Moreover, prior to the construction project the boiler room served as a storage location for city-required uniforms and as a private changing location for employees required to wear these uniforms. This function was transferred to the former AARP office in order to provide secure storage and privacy for employees. Concerned about the longstanding underutilization of the office space, I spoke with the former president of the local chapter of AARP, Mr. Tibbetts, on several occasions in the fall of 2008 and the beginning of 2009 about the future use of the office. I asked him to provide me with a description of how AARP planned to use the office space following the completion of the construction project. I never received this information. The letter received from the state director of the AARP complimented the local chapter extensively, but it never mentioned a need for office space. I have never received "extensive documentation" related to this matter or been involved in any negotiations. _~ Linda Kopping, Coordinator 319.356.5225 Linda-Kopping_~iowa-cit~org ---www.IC og v•org/senior A Senior Center Commission supported decision has been made to convert the former AARP office to a multipurpose office providing space for the Senior Health Insurance Information Program (SHIIP), volunteer legal counseling, free personal counseling for seniors, and a satellite site for the Aging and Disability Resource Center. All these groups require private office space and meet with clients on a regular basis. Including the HARP in the groups using the multipurpose office is problematic, but not impossible. The state director of the SHIIP advised me that they could not share office space with the AARP unless all AARP materials are concealed when the SHIIP volunteers are meeting with clients. Because SHIIP provides non-biased insurance counseling, it is important to avoid the appearance of affiliating with or supporting the HARP, an organization well-known for its insurance coverage. If the AARP is willing to keep their materials concealed in the office, they could be included as one of the groups using the multipurpose office. Informational display and storage areas would be provided in other areas of the building. In my correspondence with Mr. Tibbetts, I repeatedly offered services intended to maintain the AARP's presence at the Center and to continue to support the valuable programs and services the AARP provides the community. Specific services offered in the past have included: 1. The continued opportunity to reserve meeting rooms and program space at the Center and use of available audiovisual equipment. As in the past, any available room can be used and reservations can be made up to six months in advance. 2. The continued use of the display racks located on the Mezzanine for distribution of current educational materials offered by the AARP. 3. Free use of a Center locker for storage of AARP materials. 4. The provision of space in the facility to locate atwo-drawer file cabinet used by the AARP. In addition, I also indicated a willingness to discuss the possibility of the AARP sharing office space with other service providers located in this building. The local chapter of the AARP has never responded to any of these offers. Throughout this period the Center staff has been polite and respectful in all of its correspondence and face-to-face communication with representatives of the local chapter of the AARP. We regret any actions or comments that may have been misinterpreted as "negative and abusive," that was certainly never our intent. Space at the Center is limited and making the best use of this space is an obligation I have to the community, especially to those over 50 years of age. The alternative services offered to the local chapter of the AARP were carefully considered and, based upon their history of office use and the limited information I have been provided, will easily meet their needs without compromising the excellent programming they bring to the community. I am available to discuss this situation with representatives from the local chapter of the AARP at any time. Linda Kopping, Coordinator 319.356.5225 Linda-Kopping~iowa-cites; ~www.ICQOV.or /sg enior IP8 Mediacom March 24, 2009 Ms. Marian Karr City of Iowa City Iowa City, Iowa 52240-1826 Subject: Premium Package Rate Change Dear Ms. Karr: '~ ~ 2 b P~ i~ E 5 C t "`~' C~CRIi IO~~'`~ CITY, id1NA We work hard to control costs in order to keep our prices fair and reasonable. In fact, Mediacom has led the cable TV industry fight against higher rates from local broadcast stations, sports networks and other cable networks. In spite of these efforts, costs continue to rise. Recent, unavoidable increases in premium programming and operating costs make it necessary for us to adjust rates for some of our packages and services. Effective on or about April 24, 2009 the wire maintenance fee will increase by $1.00 and premium programming packages will be adjusted as indicated below: Packa a Old Rate New Rate Increase Amount Digital Plus $9.00 $10.00 $1.00 Digital 1 Star $12.95 $12.95 No change Digital 2 Star w/Showtime $21.95 $23.90 $1.95 Digital 2 Star w/HBO $25.95 $27.90 $1.95 Digital 3 Star $34.95 $38.85 $3.90 Digital 4 Star $49.95 $53.95 $4.00 Cinemax in 1 or 2 Star Packs $9.00 $10.95 $1.95 We understand that in tough economic times a rate increase from us is the last thing you want to see. Rest assured that we do not do this lightly. These changes will allow us to continue improving our service and reliability so that Mediacom remains the number one choice for Video, Internet and Phone service. If there are any questions please call me at 319-395-9699 ext 323. Sincerely, ~~ Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation ~~ ~~'~~ / 6300 Council St. NE • Cedar Rapids, IA 52402 • ~~~ / 319-395-7801 • Fax 319-393-7017 STATE H[sTOxiicnL ~IOcWA f A Division of the Iowa Department of Cultural Affairs April 1, 2009 The Honorable Regenia Bailey Mayor 410 E Washington Street Iowa City, IA 52240-1826 IP9 t.stsr '~f ° r~? -6 P 2~ 09 E..! i `f Ll_~~~ RE: Wetherby, Isaac A., House, 611 North Governor, Iowa City, Johnson County Dear 1`.~ayor Bailey: We are pleased to inform you that the above named property, which is located within your community, was listed in the National Register of Historic Places effective March 17, 2009. Listing in the National Register provides the following benefits: Consideration in the planning for Federal, federally licensed, and federally assisted projects. Section 106 of the National Historic Preservation Act of 1966 requires Federal agencies allow the Advisory Council on Historic Preservation an opportunity to comment on projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. Eligibility for Federal tax benefits. If a property is listed in the National Register, certain Federal tax provisions may apply. The Tax Reform Act of 1986 revises the historic preservation tax incentives authorized by Congress in the Tax Reform Act of 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, the Economic Recovery Tax Act of 1981, and Tax Reform Act of 1984, and as of January 1, 1987, provides for a 20 percent investment tax credit with a full adjustment to basis for rehabilitating historic commercial, industrial, and rental residential buildings. The former 15 percent and 20 percent investment Tax Credits (ITCs) for rehabilitations of older commercial buildings are combined into a single 10 percent ITC for commercial or industrial buildings built before 1936. The Tax Treatment Extension Act of 1980 provides Federal tax deductions for charitable contributions for conservation purposes of partial interests in historically important land areas or structures. For further information please refer to 36 CFR 67 and Treasury Regulation Sections 1.48-12 (ITCs) and 1.170A-14 (charitable contributions). Consideration of historic values in the decision to issue a surface coal mining permit where coal is located, in accord with the Surface Mining and Control Act of 1977. For further information, please refer to 30 CFR 700 et seq. 600 EAST LOCUST STREET, DES MOINES, IA 50319-0290 P: (515) 281-5111 Qualification for Federal and State grants for historic preservation when funds are available. Eligibility for State Tax Credits for rehabilitation. Properties listed on the National Register, eligible for listing on the National Register or Barns constructed before 1937 are eligible to apply fora 25 percent state tax credit for rehabilitation. The cost of a 24-month qualified rehabilitation project would exceed either $25,000 or 25 percent of the fair market value for a residential property or barn less the land before rehabilitation. For commercial properties, the rehabilitation project would exceed 50 percent of the assessed value of the property less the land before rehabilitation -whichever is less. The State Historic Preservation office must approve the rehabilitation work before an amount of tax credits will be reserved for your project. There are limited credits available each year, so let us know if you want the application information. Should you have any questions about the National Register of Historic Places or Tax Incentives you can get information from our website at http://www.iowahistor ~~org/preservation/index.html or please feel free to contact me by e-mail at beth.foster(a~iowa.gov or by telephone at 515-281-4137. You may enjoy visiting the National Register website at http://www.cr.nps.gov/nr/index.htm. Sincerely, ~_.... for Barbara Mitchell Deputy State Historic Preservation Officer D .~~ ;~. `~ ~` ~ ~' _ ;fir- U ~ "~ ~~ ?~ p ~o IP10 1354 Curtis Bridge Rd. NE Swisher, IA 52338 April 7, 2009 Dear Friends of the Iowa City Community String Orchestra, We'd like to invite you to attend to our upcoming spring concert for our 29th season. The concert will be presented on Sunday, April 19, at 3:00 p.m. in the Englert Theatre (221 East Washington Street) in downtown Iowa City. Several parking ramps are conveniently located just a short walk away from the Englert Theatre in the Tower Place or Dubuque Street Garage. Conductor Carey Bostian has once again chosen music to highlight local soloists and a local composer for this concert. The program includes Antonio Vivaldi's Concerto for Two Trumpets in C Major; featuring Prof. David Greenhoe and Aren Van Houzen as soloists. The concert will also feature Four Pieces in the Georgian Sty/e by Tariel Iberi, a native of the Democratic Republic of Georgia. Mr. Iberi was classically trained at the conservatory in Lviv, Ukraine and taught guitar at the conservatory in Tlibisi, Georgia for many years before moving to Iowa City. The ICCSO will also be presenting Paul Creston's Fugue for String Orchestra, Mozart's Divertimento in F Major and Dvorak's Serenade for Strings. After the concert, we invite all concertgoers to attend a casual reception with refreshments in the Douglas & Linda Paul Gallery on the second floor of the Englert Theatre. As always, we thank you for your previous and ongoing contributions to the ICCSO. We look forward to seeing you at the concert! Sincerely, Emma Mohr, Vice President On behalf of the Board of the Iowa City Community String Orchestra: ,~,~ Kate Paxton, President C~ Astrid Bennett, Secretary ~= C' ~ ~.. Janice Horak, Treasurer ~, ~ 4 :: r"" ' ( 17 s. ~ ~~ ~ 1 Page 1 of 4 Marian Karr From: Ross Wilburn Sent: Monday, April 20, 2009 9:31 AM To: Council Subject: FW: The Host of the Amazing Race is riding through Iowa City From: Kelley DeLong [mailto:Kelley.DeLong@nmss.org] Sent: Mon 4/20/2009 9:24 AM To: Ross Wilburn Subject: RE: The Host of the Amazing Race is riding through Iowa City ww- „~~~ .~„ . . ~: .,~ .~ ~•~ L ,~.i Dear Councilman Ross Wilburn, Thank you so much for your willingness to be a part of this once in a lifetime event! You are such a welcome addition to our program. I heard that you were an avid rider so I was hoping that you would participate in this extraordinary event! Agenda: Phil Keoghan's Bike Rally in Iowa City April 21, 2009 Morning Show KGAN Live Broadcast 6-lam 6:05-6:08 cut in-Joe Lock Interview 6:18-6:21 cut in- Ross Wilburn Interview I was hoping that you could speak about what an event this size means to the Iowa City area. How exciting this is for Phil to have chosen Iowa City to ride through and publicize, and what a great place Iowa City is. 6:32-6:35 cut in- Bruce Leventhal Interview 6:50-6:55 cut in- Phil Keoghan's Dad Interview Sam-8:30am Phil autographs, interviews 8:30am-gam MS Society, Thank You to Phil Phil addresses the Crowd gam- Ride out of town Let me know if there is anything specific that you would like me to put into our morning program to showcase the 4/20/2009 Page 3 of 4 .,. ~~- n ~-_.: r :; Join Phil Keoghan of CBS's The Amazing Race as he cycles across America and stops in Iowa City on Apri121, 2009 at 8:OOam at Hubbard Park across from the Iowa Memorial Union. Dear Ross, Beginning March 28, Phil Keoghan, host of CBS's The Amazing Race, is embarking on a "race" of his own - he is cycling across America, and he's taking the National MS Society with him! This cross-country cycling journey will begin in Los Angeles and end in New York - it's a ride that is averaging 100 miles per day for a total of over 3,500 miles, spanning 40 days with stops in over 30 different cities. During his trip across the country, Phil will be raising awareness for multiple sclerosis and the National MS Society Bike MS rides and will be stopping in Iowa City and attending a Bike MS rally hosted by the North Central States Chapter of the National MS Society in Iowa City on Apri121, 2009 at 800am. Phil is generating a lot of media surrounding this event and KGAN will be broadcasting live from Hubbard Park during their morning show from Gam-lam. The event starts at 8:OOam, at Hubbard Park outside of the Old Capitol Building, and we would be honored to have you be a part of this once-in-a-lifetime opportunity. I would like the city council to be apart of this event. Thanking Phil for choosing the Iowa City area to ride through. You can come out to the start line and if you'd like, you can also join Phil on his bike ride and help raise awareness about Bike MS and the benefits of cycling for health and wellness. We would like also to extend the invitation for you to be a part of KGAN's live morning broadcast from Hubbard park. The live broadcast will be from 6-lam on Apri121, 2009. We expect hundreds of people will come out and ride with Phil as well as be there to cheer him on as he departs on the next leg of his journey, along with local media and community leaders, and we hope that you can be an MS movement leader and support Phil's efforts to raise awareness for MS nationwide. Please contact Kelley DeLong OR We will follow-up with you by Apri120, 2009 to find out your availability. For more information about Phil's ride, you can also go to: philridesacrossamerica.com or bikems.org. Sincerely >~oYal Multipia Sclerosis Society Nac ``~ Central States Chaptar 5z5o North Park Place NE Ste. 109 Cedar Rapids , IA 5z4o2 Office: 319-447-1800 ext zoo Fax: 319-447-1804 K_.elley.DeL~ng@n_ ~tss.org 4/20/2009 Page 4 of 4 ~°-°a6 ultiple Sclerosis Society ..: Central States Chapter 525o North Park Place NE Ste. 109 Cedar Rapids,IA 52402 Office: 319-447-180o ext 200 Fax: 319-447-1804 Kc.11cyDcLong@nmss.org JOIN THE MOVEMENT nationalItlSsociety.org 4/20/2009 Page 2 of 4 Iowa City area. I really appreciate your assistance in making this event possible. Warmest Regards, Kelley De Long ~_ , t3 ._ _~~ ~t~ rusis Society ~' Centra :v Chapter 525o North Park Place NE Ste. 109 Cedar Rapids , IA 52402 Office: 319-447-1800 ext 200 Fax: 319-447-1804 Ke11eyDeL~n~@n__mssorg JOIN THE MOVEMENT national [tTSsociery.oxg From: Ross Wilburn [mailto:Ross-Wilburn@iowa-city.org] Sent: Monday, April 20, 2009 8:49 AM To: Kelley DeLong Cc: Council Subject: RE: The Host of the Amazing Race is riding through Iowa City Hello Kelly. I would be glad to be there tomorrow morning at Hubbard Park to be part of the event. I can be there for the Gam live KGAN live broadcast at Hubbard Park. Also, I can hang around for Phil's Koehan's comments and the start of his ride out of Iowa City. I can probably ride along & escort them out of the city. However, I will be unable to join the complete ride tomorrow because I need to leave for Eastern Michigan University later in the day. I'll see you a little before Gam tomorrow morning and thanks for the invitation to be part of the event to raise awareness about multiple sclerosis and the benefits of cycling. Ross Ross Wilburn City of Iowa City From: Kelley DeLong [mailto:Kelley.DeLong@nmss.org] Sent: Fri 4/17/2009 11:08 AM To: Ross Wilburn Subject: The Host of the Amazing Race is riding through Iowa City 4/20/2009 oa-~ s-69~' IP11 Marian Karr From: Kelley DeLong [Kelley.DeLong@nmss.org] Sent: Tuesday, April 14, 2009 11:19 AM To: Kelley DeLong; laurie@iowacitycoralville.org; alexis-swedlund@uniowa.edu; Council; tgunn@engineering.uiowa.edu; Regenia Bailey; maison-bleam@uiowa.edu; bryce- carlson@uiowa.edu Subject: Date and Time change: The Host of the Amazing Race is coming to Iowa City Please notice date and time change. Thank You! ~:,: .~-: .~_~ Join Phil Keoghan of CBS's The Amazing Race as he cycles across America and rides into Iowa City on the evening of April 20t~ and rides out on the morning of Apri121st~ Apri17, 2009 Beginning March 28, Phil Keoghan, host of CBS's The Amazing Race, is embarking on a "race" of his own - he is cycling across America, and he's taking the National MS Society with him! This cross-country cycling journey will begin in Los Angeles and end in New York - it's a ride that is averaging 100 miles per day for a total of over 3,500 miles, spanning 40 days with stops in over 30 different cities. During his trip across the country, Phil will be raising awareness for multiple sclerosis and the National MS Society Bike MS rides and will be stopping in Iowa City and attending a Bike MS rally hosted by the North Central States Chapter in Iowa City at ga111 OI1 Aprll 21St. I am planning the route and the event that will be held in Iowa City. I want to take this opportunity to allow you to be a part of the beginning planning stages of this event. The event will be publicized by CBS locally and nationally; I want this event to showcase Iowa City and the University of Iowa as brilliantly as possible. I need your help to accomplish this. Please contact me with any ideas or suggestions that you might have for CBS and Phil's ride through Iowa City. I would also like to invite you to meet and ride with Phil. The event will be held on the evening of April 20th, 2009 and we would be honored to have you be a part of this once-in-a-lifetime opportunity. You can come out to the start line and if you'd like, you can also join Phil on his bike ride and help raise awareness about Bike MS and the benefits of cycling for health and wellness. 4/14/2009 Page 2 of 2 We expect hundreds of people will come out and ride with Phil as well as be there to cheer him on as he departs on the next leg of his journey, along with local media and community leaders, and we hope that you can be an MS movement leader and support Phil's efforts to raise awareness for MS nationwide. Please contact Kelley DE long OR We will follow-up with you Apri120th to find out your availability. For more information about Phil's ride, you can also go to: philridesacrossamerica.com or bikems.org. Sincerely 1 Multiple Sclerasis Society ..' Central States Chapter 525o North Park Place NE Ste. 109 Cedar Rapids , IA 52402 Office: 319-447-180o ext 200 Fax: 319-447-1804 ICe11ev.DeLon~~a nmss.or~ I'm waE~Cing toward a world free of MS. 4,~,a4gA Join mean JOIN THE MOVEMENT national~ISsociery.org 4/ 14/2009 IP12 Marian Karr From: Gina Peters [gins.peters@ecicog.org] Sent: Wednesday, April 15, 2009 3:50 PM Cc: Adam Lindenlaub (E-mail); Administrator Ryan Heiar (E-mail); B. Pearson (E-mail); Barbara Beaumont (E-mail); Becky Shoop (E-mail); Bernita Rozinek (E-mail); Carol Spaziani (E-mail); Casie Kadlec (E-mail); Chad (E-mail); Christine Taliga (E-mail); Marian Karr; City Clerk Nancy Beuter (E-mail); City Clerk Susie Siddell (E-mail); City Clerk Tawnia Kakacek (E-mail); City of Ely (E-mail); Executive Assistant Mike Sullivan (E-mail); Janelle Rettig (E-mail); John Yapp; Kelly Hayworth (E-mail) Subject: FW: Next Public Leadership Group Meeting -May 21 Importance: High Attachments: May 21 2009 Agenda.doc ~~ May 21 2009 ,genda.doc (33 KB). The next meeting of the Johnson/Linn County Thursday, May 21, 2009, at 5:00 p.m. The meeting will be Conference Center in the North Liberty Community Center. information. Douglas D. Elliott Executive Director ECICOG 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 52402 319.365.9941, ext. 122 319.365-9981 (fax) www.ecicog.org Public Leadership Group will be held at the Russ Gerdin An agenda is attached for your Agenda Johnson/Linn County Public Leadership Group North Liberty Community Center Russ Gerdin Conference Center North Liberty, Iowa Thursday, May 21, 2009 5:00 p.m. INFORMAL MEETING Work Session 1. Call to order - 5:00 p.m. 2. Welcome and Introductions Terrence Neuzil, Chairperson -Johnson County Board of Supervisors Lu Barron, Chairperson -Linn County Board of Supervisors 3. Local Foods Systems Iowa Valley RC&D Update -Peter Hoehnle Parks and Produce -Gina Johnson, ECICOG Local Foods Tour Day - Co-chairs 4. Managing Budgets in Tough Times Joint Purchasing -Britt Hutchins, Linn County Administrative Services 5. Stimulus Update 6. Adjournment IP13 IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, FEBRUARY 23, 2009--5:30 P.M. DRAFT CITY CABLE TV OFFICE, 10 S. LINK ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Gary Hagen MEMBERS ABSENT: Robert Kemp, Brett Gordon STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling OTHERS PRESENT: Kara Logsden, Susan Rogusky, Michael McBride, Phil Phillips, Karl Hillie, Lauren Chase, Tim Hau, Nicole Hosette RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Logsden reported that the library will celebrate 20 years of Ellen Buchanan doing interviews of prominent Iowa City residents with a reception in May during Irving Webber Days. People Buchanan has interviewed over the years will be invited. Liz Mathis will interview Buchanan. A new podium in Meeting Room A should improve the look of programs cablecast from the meeting room. Hoerschelman asked if the schools had responded to the letter included in the meeting packet. Hardy said Perry Ross called him and said that the school district has a staffing issue. They would like to have a representative but there is no one available to send to the Commission meetings. Ross said he would like to be kept informed of Commission activities. Hardy said he met with representatives of the local access channels to discuss Mediacom's proposal to move the local access channels to digital transmission. Loss in the number of subscribers who could view the channels was discussed. Discussion also focused on which, if any, channels might be moved and the possibility of combining programming of channels moved to a single analog channel. Coverage of live community meetings and government meetings was seen as a priority. Benefits for the community offered by the Mediacom proposal was also discussed. The benefits of Mediacom providing video on demand and Internet streaming capabilities also were explored. Mekies asked how many potential viewers might be lost if the access channels went to only digital transmission. Brau said that depending on the assumptions used it would be about 36% at this time and decline over time. Hardy said the impact is for a limited period of time as all of Mediacom's transmission will be digital by 2012. Regarding the Triennial Review Hardy said he is waiting on a response for Mediacom on issues related to programming. Hardy said he distributed a set of questions to the service and programming committees and said that members should contact him with any additional questions. Brau said the technical and financial committees are essentially finished. Mediacom has not responded to several requests for information regarding technical questions and if they do respond at some point that information can be incorporated. Hoershcelman said there might be issues related to the age of the plant. APPROVAL OF MINUTES Mekies moved and Hagen seconded a motion to approve the amended January 26, 2009 minutes. The minutes were unanimously approved. ANNOUNCEMENTS OF COMMISSIONERS Hagen complimented Hardy for filling in during Shaffer's absence. Hoerschelman said the online complaint form is a real benefit to the community. SHORT PUBLIC ANNOUNCEMENTS None. LIBRARAY REPORT Logsden reported that the library will celebrate 20 years of Ellen Buchanan doing interviews of prominent Iowa City residents with a reception May during Irving Webber Days. People Buchanan has interviewed will be invited. Liz Mathis will interview Buchanan for the library channel. Anew podium in Meeting Room A should improve the look of programs cablecast from the meeting room. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and said that there were 2 service complaints and 4 technical complaints, all of which have been resolved. There were no calls received regarding the transition by the broadcasters to digital transmission. MEDIACOM REPORT Grassley was unable to attend the meeting. UNIVERSITY OF IOWA REPORT McBride reported that the University channel carried the dance Marathon live for the full 24 hours. The first submission of programs from the Student Video Producers is now being cablecast. The students provided three hours of programming. More fine arts programming will be cablecast this semester. KIRKWOOD COMMUNITY COLLEGE O'Brien provided a written report. Kirkwood Student Productions continue to produce their monthly KSP newscasts and produced their first Kirkwood Men's and Women's basketball games of the season. KSP's second live basketball double-header games will be broadcast on Saturday, February 14, 2009. KSP continues to produce several short news features about activities at Kirkwood. PATV REPORT Goding distributed PATV's 2008 annual report and highlighted that there were 1,275 camcorder checkouts over the past year. The annual report contains statistics on editing hours, membership, the number of workshops taught, and programs produced. PATV is cablecasting new game show series called "The Smartest Iowan". The program is also available on the Internet. PATV has been invited to tape some of the readings at Prairie Lights Bookstore. About 3 programs every 2 months will be taped. The next Live and Local program will feature the National Alliance of the Mentally I11, Johnson County. Development of the media literacy workshop is finished. It is in 5 parts. PATV is in the process of deciding to whom to offer the class to. The next guidelines workshop is Sunday, March 1 at 10 a.m. The next board meeting will be March 19 at 7 p.m. PATV is working with a University of Iowa honors class on a survey regarding PATV's operations. The class will be calling about 400 households. Goding distributed a list of questions that might be asked. Additional questions may be included. Questions from other access channels might be included. Hagen noted that PATV distributed a lot of information at the meeting rather in the meeting packet and asked if the contents could be addressed at the next meeting. Hoerschelman said the materials can be discussed at the next meeting and if there are any action items, they can be put on the agenda. SENIOR CENTER REPORT Rogusky distributed SCTV's the 3`d and 4`h quarter 2008 reports. The intergenerational program is up and going. Jonathan Rattner, who is overseeing this project, will be making a presentation at the National Council on Aging conference in Las Vegas on the project. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Lowe provided a written report. Hoerschelman asked if the schools had responded to the letter Hardy sent and was included in the meeting packet. Hardy said Perry Ross called him and said that the school district has a staffing issue. They would like to have a representative but there is no one available to send to the Commission meetings. Ross said he would like to be kept informed of Commission activities. Hardy said he talked to Lowe and Lowe said she would send quarterly reports. Lowe told Hardy that most programming was months old, not years old. Hardy said he suggested that Lowe indicated on the written reports when the program was first cablecast and who produced the program. Hagen asked if the letter would be viewed by any school official higher the Ross such as the Superintendent. Hardy said he did not know. The letter was addressed only to Ross. Mekies said that in the past the Commission discussed getting students involved through a student club and making funds available to a teacher to oversee the effort. Mekies asked if the schools made any mention of this. Hardy said he did not ask that question and the schools did not address it. Hardy said the Community Television Service has proposed using funds for creating programming by all access channels but that effort has stalled. Mekies said that the school district is a large institution and that the operation of the channel can not rely on one person. Hagen said he does not understand why the schools cannot get more people engaged in the channel. The Commission cannot dictate to the schools or make the channel a higher priority for them. Hoerschelman said it appears there is not a standard workflow. Hoerschelman said the Commission needs to continue to monitor the situation and if it appears that conditions are deteriorating to possibly inquire of the school board their perspective. CITY CHANNEL REPORT Hardy reported that the Community Voice program taped two new mayor's programs. The Media Unit recently taped programs for the Human Rights Commission, the Alliance of Retarded Citizens, and the League of Women Voters Legislative Forums. The Community Television Service has finished programs for the Foreign Relations Council, AARP, Historic Preservation Commission, and the National Alliance for the Mentally Ill and the annual Prairie Preview. Hardy said met with representatives of the local access channels to discuss Mediacom's proposal to move the access channels to digital transmission. Mediacom will be sending an updated letter of credit to the City. ACESS CHANNELS AND THE DIGITAL TRANSITION Hardy said he met with representatives of the local access channels to discuss Mediacom's proposal to move the local access channels to digital transmission. Loss in the number of subscribers who could view the channels was discussed. Discussion also focused on which, if any, channels might be moved and the possibility of combining programming of channels moved to a single analog channel. Coverage of live community meetings and government meetings was seen as a priority. Benefits for the community offered by the Mediacom proposal was also discussed. The benefits of Mediacom providing video on demand and Internet streaming capabilities also were explored. Mekies asked how many potential viewers might be lost if the access channels went to only digital transmission. Brau said that depending on the assumptions used it would be about 36% at this time and decline over time. Hardy said the impact is for a limited period of time as all of Mediacom's transmission will be digital by 2012. Hardy provided a demonstration of digital broadcasting. Mekies asked about the transition to digital transmission by broadcasters and the results in those states that have made the transition early. Brau said the FCC received fewer complaints than anticipated and most of the complaints were problems with viewer operating errors or lack of information on how to receive a signal rather than any systemic transmission or coverage problems. When the transition is made nationally in June there will likely be more viewers impacted as the broadcasting contours will change and some people, perhaps 3%, in rural or mountainous areas will experience some problems receiving some channels that had previously been receiving. PATV CONTRACT Hardy said that he met with PATV two weeks ago to discuss renewing their contract. Another meeting will be held in a couple weeks. Hoerschelman suggested forwarding any questions for PATV regarding contact items to Brau so he can distribute them. TRIENNIAL REVIEW Hardy said he is waiting on a response for Mediacom on issues related to programming. Hardy said he distributed a set of questions to the service and programming committees and said that members should contact him with any additional questions. Hoershcelman said there may be issues related to the age of the plant. ADJOURNMENT Mekies moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:40 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide IP14 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION APRIL 2, 2009 - 7:30 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes, Tim Weitzel, Michelle Payne, Wally Plahutnik MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: David Kieft, Judith Pascoe, Claire Sponsler, Dana Thomann, Ginalie Swaim, Mark Pries, Lindsay Bunting Eubanks, Bruce Brechtol, Julianna Tumoczko Poe, Walter Kopsa, Marshall Poe, Will Jennings, Christina Willou, Larry Jewell RECOMMENDATIONS TO CITY COUNCIL: None. 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. ZONING CODE ITEMS: Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses. Howard briefly summarized the matter before the Commission. She stated that the City Council had directed Staff to craft zoning code that had the goal of reducing the concentration of bars and liquor stores in the community, particularly in the downtown area. The draft regulations require a separation of 500 feet between bars and 1,000 feet between new liquor stores. The first order at hand for Staff was to define what a "drinking establishment" or bar is. Staff defined a drinking establishment as a business: 1) whose principal activity is eating and/or drinking, 2) is licensed by the State to sell alcohol for consumption on-site, and 3) is open on a regular basis anytime between the hours of midnight and 2:00 a.m. Howard said this definition precluded any restaurant that has a liquor license but closes prior to midnight from being affected by this regulation. Howard said that for establishments whose primary use is not eating and/or drinking but that do sell liquor and remain open past midnight, such as bowling alleys, theaters, and restaurants and bars associated with hotels and motels, the regulations would not apply. Planning and Zoning Commission April 2, 2009 -Formal Page 2 Howard said that any retail establishment that has been issued a Class E liquor control license or wine or beer permit that allows the sale of alcoholic beverages in closed containers for off-premise consumption would be considered a liquor store or "Alcohol Sales Oriented Retail Use." Howard said these establishments could apply for an exemption from the regulation if the alcohol sales constitute less than 25% of the gross yearly income (uses such as grocery/convenience stores). Howard said the separation requirements are 500 feet distance between any two drinking establishments and 1,000 feet between alcohol sales oriented retail uses. Howard said that Staff is suggesting that alcohol sales oriented retail uses only be regulated in the downtown zones, as there are not likely to be concentration problems in other parts of the community. This would also avoid placing undue administrative burdens on Staff and other retail businesses such as Hy-Vee, Wal-Mart and the like, to have to declare their income to the City each year when renewing their liquor licenses. Existing businesses that do not meet the separation requirement would be grandfathered in and would be considered legally non-conforming uses for as long as the establishment remained a bar or liquor store. The legally nonconforming status would be lost if the building changed to a different use; once it changes from a bar or liquor store it could not be changed back into one. As with all nonconforming uses, these establishments would not be allowed to expand or change the footprint of the current building, although an exception has been inserted into the regulation to allow for the addition of sidewalk cafes. Interior changes and remodeling are allowed so long as the footprint of the exterior does not change. Howard shared a map of the establishments that sell off-premise alcohol in the downtown area, which demonstrated overlap in the 1,000 foot separation requirement, meaning that no new liquor stores could likely be established in the downtown area if this regulation were passed. Howard noted that the Commission had requested data on the trends of new bars in the downtown area for the last ten years. Howard shared a graph with that data which indicated that there has been approximately a 50% increase in Class C liquor licenses issued for the area in the last ten years. She noted a seeming spike in 2006 was actually the result of an erroneous duplication in data. Howard shared a visual aid representing 500 feet separation of drinking establishments in the downtown area, demonstrating a marked concentration of bars in the CB-10 zone. Howard noted that Commissioners had asked for information on the possible implications of having a smaller separation between bars, and whether that might not be a more reasonable standard. Howard shared a graphic representing a 250 foot separation for the existing establishments downtown. She said 250 feet still seemed to provide coverage for the majority of the downtown, though it does provide some opportunity for future drinking establishments in the outlying areas. Howard noted that there has been a great deal of discussion on the implications for the current downtown businesses, but that there should be no affect on these businesses as they will all be grandfathered in. She said that they would only be affected if a current bar changed to a different use, as it would not then be able to be changed back into a bar. She said that in the near-term for sure, and possibly for the long- term there will still be a large concentration of bars in the downtown area. Howard said that the City has indicated that downtown should grow to the south of Burlington Street. Howard said that these would be newly redeveloped areas and it would be wise to think about what kind of concentration of drinking establishments and liquor stores is acceptable as the downtown grows southward. She said that the question is: what is a reasonable standard for future growth? Howard pointed out the number of bars and liquor stores that have recently been established on south Gilbert Street with its recent redevelopment, and asked Commissioners to think about what direction they would like to see other areas south of Burlington Street take as it is redeveloped. Howard offered to answer any questions the Commission might have. Eastham asked for clarification on the number of drinking establishments and liquor stores along south Gilbert, which Howard said there were seven and pointed their locations out on the map. Planning and Zoning Commission April 2, 2009 -Formal Page 3 Miklo noted that Staff is comfortable with the possibility of reducing the separation limit to 250 feet if the Commission chooses to do so, as they believe it will still be a fairly effective way to ensure that there are not a number of new bars established downtown. Freerks asked if there were questions for Staff from the Commission. As there were none, she opened the public hearing. David Kieft, representing the University of Iowa, asked if the Commission had a desire to continue this matter once more. He said that without speaking to the merits of the case, the University had several research experts in the field of binge drinking in college towns and would like the experts to provide the Commission with additional information on the relationship of binge drinking and excessive alcohol use to the easy accessibility to alcohol. Kleft noted that both experts happened to be out of town for the present meeting, but that they have expressed a strong interest in providing the Commission with additional information. He said the information would be for background and statistical purposes, not to speak to the merits of these particular regulations. Freerks asked if the experts would be available for an upcoming meeting and Kleft said he believed they would be. There was no one else who wished to speak to the matter and the public hearing was closed. Freerks asked for a motion. She said that there was an option to continue for additional information Eastham moved to defer this item until the next Planning and Zoning meeting. Weitzel seconded. Eastham said that he would like to hear more information from the University experts about the effect of binge drinking on student health. Busard said he wished to disclose that in a separate conversation with Council member Matt Hayek this issue came up. He said that the matter was not the focus of the conversation, and that he remained impartial on the issue. He added that he was not really in favor of deferral as he saw the matter as more of a comprehensive planning issue for the downtown area. He said that he did not necessarily believe the regulations would curb binge drinking as there would still be plenty of bars to go around. Weitzel said that the input from the binge drinking experts might be more appropriate for the City Council to hear if things progress to that stage. Freerks said she was interested in more input on the matter. She said that so much time and effort has been put in over the years surrounding the issue of binge drinking that she felt that waiting for more freely available information was appropriate. She said this would also give anyone with concerns the opportunity to attend the next meeting. A vote was taken and the motion to defer was passed on a vote of 4-2 (Plahutnik abstained from the issue; Busard and Weitzel voted no on deferral). REZONING ITEM REZ09-00001: Discussion of an application submitted by the Northside Neighborhood Association for a rezoning of approximately 23.25 acres of property located along the 300-500 blocks of Gilbert Street, the 300-700 blocks of Linn Street, the 200-300 blocks of Church Street, the 200-500 blocks of Fairchild Street, and 200-400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12) zone to Historic District Overlay Neighborhood Stabilization Residential (OHD/RNS-12) zone and from Medium Density Single Family (RS-8) zone to Historic District Overlay/Medium Density Single Family (OHD/RS-8) zone. Planning and Zoning Commission April 2, 2009 -Formal Page 4 Miklo pointed out the general boundaries of the district on an overhead map. He outlined an area of the district that was actually already included in the National Register of Historic Places as the Gilbert-Linn Street historic district. Miklo said the boundaries of the proposed local historic district would correspond with those boundaries with the addition of properties on Gilbert Street, Fairchild, Ronald Street, and up to the Brown Street historic district. Miklo said the proposal was to connect this district to the Brown Street historic district and to include more properties that are considered "contributing properties" to the areas historic character, as well as to include the historic brick streets of Fairchild Street. Miklo shared a few images of properties in the district demonstrating the general character of the area. Miklo said that city code clearly defines the role of the Planning and Zoning Commission in reviewing historic preservation overlay zones. Miklo stated that the Commission was to examine the proposed district in relation to the Comprehensive Plan, the zoning code itself and any proposed public improvements or plans for renewal in the area. Miklo said it was the role of the Historic Preservation Commission to determine the general boundaries based on the historic nature of the properties. The district before the Commission has been outlined by the Historic Preservation Commission. Miklo said that it is the role of the City Council to consider the recommendations of both Commissions as well as any relevant political considerations involved in the proposal. Miklo said the Comprehensive Plan notes the importance of Iowa City's older neighborhoods and references the use of historic preservation as a tool for maintaining the vitality of older neighborhoods. Miklo said that several policy statements in the Comprehensive Plan support this effort. He cited a passage in the "Arts and Culture" section of the plan (p. 39) which encourages the City to document and preserve the City's cultural heritage and to continue to implement the Historic Preservation Plan. Another section, "Housing Goals and Strategies" (p.45), encourages the City to preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods, and endorses the Historic Preservation Commission's efforts to meet these goals. The "Land Use" section of the plan (p.47), which Miklo described as perhaps most pertinent to the Commission, encourages the City to protect historical and natural environmental features of the city, and to continue to implement the Historic Preservation Plan. Miklo said that the recently adopted Central District plan speaks broadly to the City's commitment to preserve older neighborhoods and to improve the quality of life for their residents. The Central District plan contains strategies to help accomplish this, including: enforcement of neighborhood nuisance ordinances, support for neighborhood associations, supporting of reinvestment in the housing stock in older neighborhoods, and encouraging a balance of home ownership and rental properties. The Central District Plan specifically supports the Historic Preservation Plan as a way of implementing these efforts and supports the designation of the Gilbert-Linn Street area as a local historic district. Miklo said that the Commission is given specific direction by the Historic Preservation Plan to broadly preserve historic neighborhoods by implementing similar strategies as outlined in the Central District Plan, and by designating the Gilbert-Linn Street area as a local historic district in the short term. Miklo said that the Commission is charged with considering the Comprehensive Plan in this matter, as well as the underlying zoning and whether or not the proposed historic overlay is compatible with that zoning. Miklo offered the example that an area zoned as high-density residential or intense commercial may not be appropriate for a historic district designation as the zoning is geared toward redevelopment. Miklo said that in this case, the majority of the area in question is zoned RNS-12, a zone specifically designed to stabilize single family areas. The northern portion of the district, near Ronalds Street, is zoned RS-8, Medium Density Single Family, which is intended to provide small-lot single family homes and to create a livable residential environment. The proposed historic overlay zone is compatible with both of the underlying zones for this district, Miklo said. Miklo noted that some correspondence sent to the Commission raised the concern that the overlay zone would prevent someone from using their property. Miklo said that this was not the case; that it was the underlying zone that controlled the allowable number of units, density, height and setbacks. Miklo said the overlay zone would speak to the architectural character of the buildings built there. In regard to the consideration of public improvement or renewal plans for the area, Miklo said, the City's stated policies and plans are to encourage reinvestment in the current housing stock in this area. If some Planning and Zoning Commission April 2,-2009 -Formal Page 5 sort of urban renewal district or a major highway were planned for the area, a historic overlay zone might not be appropriate; however, that is not the case here. Miklo said there had been several studies that have been done across the nation that indicate that historic district status helps stabilize and improve neighborhoods and property values. Miklo said it was clear that this proposed district is in compliance with the Comprehensive Plan. Miklo said that based on all three aspects which the Commission has been charged to consider -the Comprehensive Plan, the zoning code, and any renewal plans for the area -this proposed historic district fulfills all requirements. Therefore, Miklo said, Staff recommends approval of the Northside Neighborhood as a historic preservation overlay zone. Miklo offered to answer any questions Commissioners may have. Busard asked how many people came to the meeting held by the Northside Neighborhood Association as apart of its good-neighbor efforts in publicizing this application. He asked if there was a democratic process involved in the neighborhood association's decision to submit this application. Miklo responded that this would be something for the neighborhood association to address. Miklo said that it is his understanding that the neighborhood association did have a meeting where their members agreed to submit the application and had at least one follow-up meeting. Greenwood Hektoen asked that Commissioners disclose any ex parte communications that might have taken place with anyone outside of City staff regarding this matter. No one had anything to disclose. Eastham commented that he had asked the question of Staff what progress was being made to meet goal #2 in the Historic Preservation Plan regarding updating the historic preservation guidelines and stream lining the review process. Eastham noted that Staff had written a memo in response to that question and thanked them for taking the time to do so. He said that at some point the Commission should address that memo. Payne asked if the National Historic District designation had specific rules as the local designation did governing what can happen to a property. Miklo said the National Register of historic places comes into effect when there is federal money being invested into a neighborhood, for example a public works project receiving federal funds. Miklo said such a project would have to take into account how it might affect either negatively or positively a National Historic District. If someone received a federal funds, the Secretary of Interior standards would have to be followed. The National Historic District also provides for some tax credits and benefits. However, Miklo said, in terms of what an individual property owner does if there is no federal money involved there is no federal control; someone could demolish a National Register property without any stipulations unless it is also designated as a local landmark or historic district. Freerks opened the public hearing. Judith Pascoe, 317 Fairchild Street, introduced herself as the coordinator for the Northside Neighborhood Association. She noted that the meeting place for the Commission meeting was in Emma Harvat hall, and that the Emma Harvat house stands in the Northside neighborhood. Pascoe stated that Emma Harvat was the first female mayor of Iowa City. Her house was designed by O.H. Carpenter, a renowned local architect who is responsible for some of the most beautiful older homes in Iowa City. Pascoe noted that eight of these houses are in the proposed Northside historic district, one reason that this application met with unanimous approval from the Historic Preservation Commission. Pascoe said that Emma Harvat's house, owner-occupied, stands across the street from Shelter House, a mecca for Iowa City's homeless population, and across from student rental property. Pascoe said that these kinds of juxtapositions are what make the north side stand out as a utopian neighborhood which from its earliest days was one of the most soci-economically and ethnically diverse places in Iowa City. Pascoe said the Northside neighborhood has long allowed for the most affluent businessman and bohemian laborers to live side by side. Pascoe said the Northside Neighborhood Association initiated this process as a stabilization effort, aimed at off-setting market forces that threatened the neighborhood's social and architectural history. Planning and Zoning Commission April 2, 2009 -Formal Page 6 Discussions about the historic district designation began last fall at a neighborhood association meeting to which everyone in the neighborhood was invited. That discussion was announced in the Northside Neighborhood Association newsletter that went out to residence. Pascoe said the discussions continued at the January meeting where participants started to apply for the local historic district designation. Pascoe said that the association supplemented the City's official notification process by sending out mailings to neighbors and property owners, distributed both door-to-door and through the mail. The same process, Pascoe said, was used to distribute invitations to a historic preservation forum held at Horace Mann School on March 26tH Pascoe quoted the Central District Plan's "Housing and Quality of Life" section as promoting the Central District as an attractive place to live by 'encouraging neighborhood associations to advocate for specific improvements." Pascoe noted that another stated aim of the Central District Plan was to support the goals and objectives of the Historic Preservation Plan, which advocates designation of the near-northside as a local historic district. Pascoe said that the Northside is a model of the dense, transit-friendly neighborhood that many urban planners seek to emulate in newer neighborhoods. Pascoe said that it is currently cost-prohibitive to build houses to the level of craftsmanship and of the quality of materials that were routinely used when her neighborhood came into existence. Pascoe praised north side residents as being "green" before it was popular to do so, by hanging their clothes to dry on clotheslines and building their homes to last. The proposed near-northside local historic district accords perfectly with the Central District plan's goal of ensuring the stability and livability of Iowa City's older neighborhoods, so as to preserve the culture, history and identity of the city itself, Pascoe concluded. Claire Sponsler, 413 North Gilbert Street, stated that perhaps the most important thing she could say about the proposed historic district is that the rezoning is in accordance with the 1992 Historic Preservation Plan, the 1997 Comprehensive Plan, and the 2007 Central District Plan (two of which she was involved with as a neighborhood resident). Sponsler said that there is a long tradition in Iowa City of planning support for historic overlays. She said that it is likely that this zoning will have beneficial outcomes in terms of ensuring the neighborhood's continued socio-economic diversity while also ensuring that affordable housing is not lost in the neighborhood. Sponsler said the historic overlay will help stabilize the neighborhood for families that want to move there and will help preserve the historic character of houses in a way that will enhance the lives of owner-occupants, landlords and renters. Historic overlays encourage investment in older neighborhoods, Sponsler said, and have a ripple effect that will lessen traffic problems, keep neighborhood schools alive, and limit sprawl. Sponsler said that historic districts can actually have the effect of preserving affordability because they provide access to grants, loans and tax credits that would otherwise not be available. Sponsler said that it is reasonable to believe that the near-northside will prosper with this rezoning. Dana Thomann, 208 Fairchild Street, said that she owns her property jointly with her sister. The pair purchased the home in 2001 from a woman who had owned it since 1969. Prior to that, Thomann's great-great grandparents and great grandparents had owned the home. Thomann said that her house has quite a history to it, with five generations of her family having been in the home. On her daily walks to work, Thomann said, she always notices something new, unique and interesting about the homes in her neighborhood. She said that her great-grandparents kept a lot of photographs of Iowa City and the Northside neighborhood, and that it is really fun to look at the photographs and see how the neighborhood has changed. She said it is sometimes sad to note the way some architectural details and other aspects that lent homes character have been removed. Thomann said that this rezoning was important to her and her sister because of their personal history; however, she said, as she speaks with young people her age she has noticed that they are invested in this idea of historic preservation and have an appreciation for old things and for history. She asked that the Commissioners keep that in mind as they consider this proposal. Ginalie Swaim, 1024 Woodlawn, said that she represents her historic district on the Historic Preservation Commission. Swaim noted that she was about Thomann's age when she lived in her first historic home as a renter in the Northside when she was in colege. She said that she had chosen that home because of the character of the neighborhood and the older homes there. She said that many of residents who Planning and Zoning Commission April 2, 2009 -Formal Page 7 stayed near that neighborhood were pretty dismayed in the late 1970's when several of the houses were being demolished in favor of four-plexes and apartment buildings. Swaim said that Iowa City put a moratorium on demolishing old houses in the area, deeming the neighborhood worth saving. She said this was an acknowledgement that the neighborhood had something critical in its character that was essential to what Iowa City is. Because of the City's action, the neighborhood was saved. Swaim said that 30 years later, it is time to take the next step in recognizing the importance of this neighborhood. Swaim said that one can be a college renter in a historic neighborhood and absorb the ambience and appreciate and cherish that neighborhood. She said that her experience speaks to the ongoing love and respect that people have for this neighborhood and she hopes the Commission's actions reflect that. Mark Pries, 1128 Denbigh Drive, introduced himself as the senior pastor at Zion Lutheran Church. He said that while he does not reside in the neighborhood, many of his parishioners do. He said that his congregation has made a commitment to be in that neighborhood, and that they are excited about what a historic district designation could mean for the neighborhood as a whole. He stated that he wished to encourage the adoption of this designation and that he believed it was a quality of life issue. Lindsay Bunting Eubanks, 1618 Aber Avenue, said that she was the Chair of the Historic Preservation Commission. She said she simply wished to reiterate what had already been said on behalf of adopting the local historic district designation for the Northside neighborhood. She said the application was approved because it was already a part of the Historic Preservation Plan. She noted that the Historic Preservation Commission did not pursue this application, but that it was the Northside Neighborhood Association that brought the matter up. She acknowledged that at the meeting she attended sentiments for the historic district were divided between those in owner-occupied properties and those in landlord/tenant properties. On the whole, Bunting Eubanks said, the neighborhood was worth preserving. She noted that the neighborhood was already on the National Register. She also noted that if enough homes are demolished or changed so that the historic character of the neighborhood is changed, the neighborhood can actually be de-listed from the National Register. She said that the local designation would help to protect that status, and to keep the neighborhood vibrant and encourage a certain amount of economic stability. Busard asked Bunting Eubanks how the matter was smoothed over with the landlord/tenant residents of the neighborhood, or if it even had been. Bunting Eubanks replied that the Historic Preservation Commission had been working hard on public relations as there are a lot of misunderstandings about historic preservation. She said that a common misunderstanding is that people are often unaware that there are alternative materials that can be used in restoring older homes that are not as expensive as wood siding would be. She said that the historic preservation standards and alternative materials information are contained in a document linked to the City's website. She said another misconception is that if you are in a historic district no changes can be made to your home. She said exterior changes can be made, but they must be consistent with the character of the structure. Freerks asked if there were requirements for upgrades if a neighborhood was designated historic. Bunting Eubanks said there were not requirements for upgrades, but that transformations would be made to the home gradually over time by the choices that were made when replacing such things as windows and siding. She said this transformation was evident in the homes in other historic districts in Iowa City. Freerks asked if interiors were affected by this designation; Bunting Eubanks said they were not. Weitzel asked what the vote was on the submission of the application, and asked if there were any strong sentiments against the application. Bunting Eubanks said that she did not think anyone was against the vote as the designation is part of their Historic Preservation Plan, and was brought before the Commission by the neighborhood. Eastham asked Bunting Eubanks about goal #2 in the Historic Preservation plan which contains plans to streamline or improve the process for obtaining certificates to make improvements. Eastham said that Staff had written a brief memo that stated that the Historic Preservation Commission has a commitment to obtaining many of those objectives. Eastham asked Bunting Eubanks to comment on that. He said that some of the objections that he had noted in the minutes concerned not only the expense of materials, but also the process involved in obtaining approval to work on homes in a historic district. Bunting Eubanks said that there is a status known as "intermediate review," which Staff is working on rewriting so that Planning and Zoning Commission April 2, 2009 -Formal Page 8 smaller matters do not have to go before the full Commission and could be reviewed administratively by Staff and the Chair. Bunting Eubanks gave the recent example of a set of concrete steps that someone wanted to replace with wooden steps; this would not qualify for a certificate of no material effect because the materials used are different, however, the new steps would be more in keeping with an older home. With this process, the matter was resolved with a three day turnaround rather than having to wait for a meeting of the full Commission. Bunting Eubanks said that one of the frustrations with bigger projects is that people have a certain design in mind that may not be historically compatible. Bunting Eubanks said more public relations work needed to be done in this area to encourage people to consult Staff early in the process with their design ideas. Bunting Eubanks said that they are working on streamlining the guidelines as well to help make them clearer. Bruce Brechtol, 155 Jennifer Court, North Liberty, said that he owned property in the northside area. He said that he felt like he was out of the loop because he had not seen any communication on the matter. He said he might not be against the historic designation, but that he needed more information. He asked if this was the same process that had been initiated in 2004. Miklo said that a similar process with a slightly different area had come before the Commission in 2004. Brechtol said that he believed that at that time Staff had also supported the historic designation but that a majority of the landowners had not. Freerks said she believed that the City Council had chosen not to adopt the designation at that time. He said that at that time he had heard that it would cost more to maintain the home, and he did not see how it was possible that it would not. He said he is not a big, wealthy landlord; he lives in a 1,300 square foot house with his six children and he needs to know how this might affect him and his property. He asked if the City did not communicate with property owners until after such measures were passed. Miklo said that a letter had been sent to all property owners of record and that he would check to see if one had gone out to his property. He said he did not know if he was against the measure or not because so much was unknown to him. He said he could live with a small cost increase, but not something substantial. Freerks said that to be honest it was not for the Commission to speculate as to how his property would be affected as assumptions could be made in either direction depending on many variables. Freerks said that what the Commission looks at is not the same thing that the Historic Preservation Commission looks at or even necessarily what the City Council looks at. What the Commission looks at is how it fits in with the Comprehensive Plan, the zoning code, and whether urban renewal projects are affected. She said that it was unfortunate that Brechtol did not see his letter and acknowledged that in all instances he should have been contacted. Miklo said he would provide a copy of the letter and would be happy to sit down with Brechtol and go over the applicable guidelines. Brechtol said he had an old house with over 30 windows in it that are not at all energy efficient. He said he did not know if it would be possible to replace them with energy efficient windows in a historic preservation district. Weitzel said that it was absolutely possible. Miklo said that it is not unusual for the Historic Preservation Commission to approve replacement windows. Brechtol asked if it was the City Council to whom he should lodge his concerns. Freerks advised him to be in touch with the issue all along the process and to educate himself as much as possible so that he can make his best decision. Brechtol asked that the matter be deferred as it was impossible to say how many other property owners may be in the dark about this matter as he is. He asked that the historic preservation designation not be rushed through. Julianna Tymoczko Poe, 416 North Linn Street, said that her family was lucky to be able to live in a home that had seen many generations of children grow up in it. She said that her family enjoyed living in a neighborhood with students, and that they appreciated the vibrancy that it brings. She said there are a lot of houses that are really beautiful and well-maintained by their landlords; she said that she can only assume that this was something many tenants looked for in a home. She said that as members of the neighborhood, she and her family value those landlords who are really contributing to the neighborhood. She said one small concern was that there are some landlords who do not contribute to the neighborhood in that way, and that tends to create a cycle of poor maintenance leading to poor tenants leading to poor maintenance, etc. She said that she strongly supported this measure and that she felt it was an important means to keeping the neighborhood blended. Walter Kopsa, 130 Ashwood, said he owned properties at 320 and 324 Davenport Street. He said he had the frequent pleasure of driving on the historic brick streets Staff had mentioned and that he believed they Planning and Zoning Commission April 2, 2009 -Formal Page 9 were responsible for some of his undercarriage problems. He asked how many people were at the Northside Neighborhood Association meeting when the idea came about. He said he believed there were approximately 120 properties in the area in question and he would be curious to know how many people actually started this whole process. Kopsa said he was at the follow-up meeting, and that there were 15- 20 people in attendance there, with three of them representing the Historic Preservation Commission. He said that this process had not been democratic and that those against the measure had just had to go through this process four years prior. Freerks said these were not questions the Commission could answer and would have to be addressed to the appropriate parties after the meeting. Kopsa said it seemed as though Busard was also curious as to how many people had started this process, as he had asked the question and had not received a response. Busard acknowledged he was curious, and that he would have an opportunity to ask again. Kopsa said this was a large area with a lot of different types of properties; he said that the designation is an inconvenience and makes it harder to maintain one's property. He said he could not imagine that the designation would make anything more affordable in that neighborhood. He said that those properties in poor condition would probably never get fixed if this went through as the investment required would make it impractical. Marshall Poe, 416 North Linn Street, said that he and his family had lived in a historic neighborhood in Ann Arbor, Michigan prior to coming here. He said that he had discovered his home online and found it so compelling he had threatened to buy the home sight unseen. He said that the rental properties across the street were part of what lent the area its character. He said he has renovated homes and done it in the right way, and that as both a landlord and an occupant of his home he believes it pays to be in a historic preservation district. He said the diversity of the area benefits his family. He said he came back to Iowa to live in a neighborhood like this, that it is a real gem, a great atmosphere, and a place worth preserving. Will Jennings, 311 Fairchild Street, said that his home is listed as a "contributing home" for the neighborhood and is sandwiched between two other contributing homes. He said that he also owns a rental home in the historic Longfellow neighborhood. He said that over time the rental property had been updated and renovated from a rough looking house to one that won an award for historic preservation efforts. He said that the home had improved from a house that would have collapsed or been bull-dozed into a functional, contributing home in the historic neighborhood. He noted that historic neighborhoods and historic homes do not have to be fancy. He said that the home that he and his wife restored has had a stabilizing influence on the whole block, making an impact that has a ripple effect to other properties. Jennings said that the house is rented for a fair price, and that they have been able to find stable tenants who wish to stay longer than a year because it is a house that people want to live in and take care of. Jennings said he relayed this because he wanted to be very clear that he spoke not only as a property owner and vested resident of the Northside, but also as a landlord who is in the business of renting a property in a historic district. Jennings said this historic overlay is in alignment with the Central District Plan, the Comprehensive Plan and the general plan for Iowa City as it moves forward. Jennings said this overlay supports the stability and identity of a gateway neighborhood, something that has a profound long-term impact. The historic overlay protects and encourages long-term investment in the neighborhood, represented in the equity of the homes there. Jennings said the overlay will promote the diverse mix in the neighborhood of rental properties and those that are owner-occupied, something that is unique and inviting about this neighborhood. Jennings said that the protections that come with this overlay are inclusive. He said that there had been comments made this evening about the democratic process s by which such proposals go forward. Jennings said that it should be made clear that the Northside Neighborhood Association is not an elite cabal of people, but a group whose membership is open to any property owner and resident in the neighborhood, and which has been fostered and encouraged by the City of Iowa City as a way to promote neighborhood stabilization. He said the process has not excluded anyone, and that all have been invited to participate at various times. Jennings said that while he felt it was unfortunate that some people did not receive their notices, he could attest to the efforts that had been made to properly inform everyone involved. That aside, Jennings said that zoning and planning are not typically done in a vote by vote, house by house, block by block manner. Jennings said that the idea behind planning and overlays is to protect the best interests of the community as a whole. Planning and Zoning Commission April 2, 2009 -Formal Page 10 Christina Willou identified herself as a resident of the north side of Iowa City. She said she chose this part of town because of the diversity and historical significance of the neighborhood. Willou said if you look at any city in the United States you will find that historical neighborhoods lend a grounding and stabilizing factor. She said that Iowa City has a responsibility to accept all kinds of neighborhoods; however, it tends to be older neighborhoods that get changed the most. She said that it is a privilege to own some of these houses and live in these neighborhoods due to the craftsmanship and the materials. She said that these homes cannot be built today, and that owning an older home carries a responsibility to maintain it. She said the north side offers a diverse neighborhood for its residents and for the city as a whole. No one else wished to address the Commission for the first time and Freerks opened the floor for rebuttals. Judith Pascoe, 317 Fairchild Street, said she wished to answer the questions concerning how many people attended the initial neighborhood association meeting on this topic. She acknowledged that a majority of the neighborhood did not by any means attend any of these meetings. She said she could not give an exact number of attendees off the top of her head but that she could say the typical neighborhood association meeting has anywhere from 12-36 people in attendance. She said this is actually a good number of attendees for a Neighborhood Association. She offered her apologies to Brechtol for not receiving notices, and said that the association had tried hard to reach everyone and was not happy to know that he had not been contacted. She said she would like to talk to Brechtol and answer any questions he might have. Freerks asked Miklo if the City sent out mailings in addition to those sent out by the neighborhood association. Miklo said the City had sent out two mailings; in February roughly 300 mailings were sent out inviting people to the Historic Preservation Commission meeting; a second mailing was sent out in mid-March inviting people to this meeting. Miklo said he could not at this time confirm whether Brechtol had been on the list. Eastham asked to whom the mailings were addressed. Miklo said the mailings are addressed to the property owner of record with the City Assessor's Office. (After the meeting a review of the file confirmed that Brechtel was notified by letters sent to him in care of his property manager on February 27 and March 20.) Freerks asked if anyone else wished to speak to the issue. No one wished to speak and the public hearing was closed. Freerks said she would enter)ain a motion prior to discussion. Busard motioned to approve REZ09-00001, an application submitted by the Northside Neighborhood Association for a rezoning of approximately 23.25 acres of property located along the 300-500 blocks of Gilbert Street, the 300-700 blocks of Linn Street, the 200-300 blocks of Church Street, the 200-500 blocks of Fairchild Street, and 200-400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12) zone to Historic District Overlay Neighborhood Stabilization Residential (OHD/RNS-12) zone and from Medium Density Single Family (RS-8) zone to Historic District Overlay/Medium Density Single Family (OHD/RS-8) zone. Weitzel seconded. Eastham said he had listened with great interest to Miklo's description of the purview of the Commission's scope for this recommendation. He said it was also his understanding of what the Comprehensive Plan and the Historic Preservation Plan asked the Commission to do. He said he did wish to digress from that a bit, however. He said there is considerable interest with the cost associated with complying with the requirements for improving a home in a historic district. He said this concern was reflected both in comments made this evening as well as in the minutes of the Historic Preservation Commission. He said that while it is not clear that the Comprehensive Plan gives the Commission much leeway to address those issues, Eastham said he wished to take note of them and say that after listening to discussions of actual costs it seems to him that any additional costs may be off-set by the benefits of having a property in a historic district. Eastham said he was comfortable with this recommendation at this point. Planning and Zoning Commission April 2, 2009 -Formal Page 11 Busard said he thought the Northside district was an important part of Iowa City and that the neighborhood is definitely worth preserving and investing in. Busard said it was within the goals of the Central District plan to protect this neighborhood. He said it seemed to him that the neighborhood association had done a good job of encouraging participation, and that he too supports this recommendation. Payne said she agreed with Busard that this is a beautiful neighborhood worth preserving and said that she thought this was probably the best way to go about doing that. She said the overlay would give some oversight into how the neighborhood was preserved. Weitzel said that he was on the Historic Preservation Commission for six years so he was coming from that perspective, although he said he had not spoken with anyone involved with this proposal so any budding conspiracy theories so could be put to rest. Weitzel said that by making the area a locally protected district, it would be possible to keep the area from becoming an urban renewal zone. Weitzel said that nationwide historic preservation has been seen as an economic development tool, stabilizing or even increasing neighborhood property values. Weitzel said historic preservation is a very useful way to protect the appearance, livability and quality of life in a neighborhood. Weitzel said that one need not look further than the end of Iowa Avenue after the tornado to see how much a historic district allowed that area to retain its character. Without the historic district, that area might have seen demolition after demolition and apartment after apartment in that area. Weitzel said that in a lot of cities one sees many very small historic districts with the same type of housing. Weitzel said that in the case of Iowa City, the history of development is a diverse one filled with infill and the Northside reflects that context. Weitzel noted that the meeting being held tonight is itself a democratic process, and that the last two City Council elections, both with detailed discussions of historic preservation, were also democratic processes. Weitzel noted that he is a member of the Longfellow Neighborhood Association. He said that their newsletter is circulated to about 1,000 residents and the neighborhood association is lucky to get 12 people at its meetings; he noted that participation is not mandatory. Freerks said that this historic overlay is definitely in sync with the Comprehensive Plan and the zoning code, and that urban renewal does not come into play. Freerks said that many, many reasons have been offered as to why this overlay is the right thing to do in this instance. Freerks said that the Northside Neighborhood is a treasure and that it is long past time to do this. She thanked the neighborhood association for taking the time and great effort involved in doing this. Freerks said she lives in a conservation district and she can attest to the fact that it is not necessarily an expensive endeavor; she said she has seen a slow process of great renewal in her neighborhood. She said she has heard lots of positive comments both from landlords and owner-occupiers in these neighborhoods and she believes that a very positive transformation will take place over time. She said the neighborhood already has great strengths. She said that there is a misconception that historic preservation is only for places like Summit Street and Brown Street, but that they can also be small, quiet places as well. She said she is definitely in favor of the rezoning and she hopes that the City Council will vote in favor of this as well. Eastham said he wished to state that he was very pleased to hear so many residents say publicly that they wish to maintain a mix of rental and owner-occupied properties in the neighborhood. He said that such sentiments were a delight to him. He said that he appreciated the idea that historic preservation was a way of making neighborhoods viable for both owner-occupiers and renters. Freerks called for a vote. The motion carried 6-0 (Plahutnik abstaining). Planning and Zoning Commission April 2, 2009 -Formal Page 12 COUNTY REZONING ITEMS: CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.92 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Highway 1 NE. Busard recused himself from these discussions and left the room. Miklo reminded Commissioners that the property in question was within two miles of the city limits but not within the city's growth area. Miklo said the rezoning is reviewed by the Commission because that is part of the Fringe Area Agreement, which states that rezoning from agricultural to residential will be considered on a case by case basis if there is clustered development and it complies with the County's Land Use Plan. Miklo pointed out that the County's Land Use Plan is in flux presently, and as a result, the staff recommended that the City defer to the County as to whether or not this complies. Miklo said the subdivision plan has added some open space to comply with the 50% requirement of the Fringe Area Agreement. Staff would recommend more cluster development than is shown on the applicant's plan. Staff suggests a shorter cul-de-sac to better cluster the lots. Additional clustering would provide more buffering between the housing and Highway 1. Staff recommends deferring to the County as to whether this complies with their Land Use Plan and that if it were to be approved, Staff recommends requiring the more clustered design and that Buchmayer Bend be improved to county road standards. Miklo offered to answer any questions Commissioners might have. Freerks asked if the lots in the design proposed by Staff were the same size as those proposed by the applicant; Miklo said they were and that all met the minimum requirements. Plahutnik asked if the zoning standards would be city regulations in the Fringe Area. Miklo said that if the area is within the growth area then the city's subdivision codes would apply; outside the growth area, the county regulations apply. Greenwood Hektoen reminded Commissioners that ex parte communications should be disclosed prior to the opening of the public hearing. There was none. The public hearing was opened. Glenn Meisner with MMS Consultants addressed the Commission on the applicant's behalf. Meisner agreed the land was within jurisdiction for review by the Commission, and noted that he was in agreement with the two recommendations Miklo had set as a condition of approval. Meisner said he wished to speak briefly to the concept plan developed by Staff as opposed to that submitted by the applicant. Meisner said that his plan attempted to avoid a ravine, steep slopes, timber and possible wetlands that Staff's plan did not take into account. Meisner shared an aerial photograph for illustration. Miklo said he believed that the Staff design did take the ravine into account. Meisner said that it was his job to work on behalf of the developer, and that he felt his design allowed for walk-out lots on most of the lots which is desirable for most buyers. Meisner said he removed two lots along Buchmayer Bend to provide recreational areas such as ball fields or playground areas. Meisner said he and the applicant had met the requirements of the Fringe Area, and he encouraged the Commission to approve their application without the lot layout presented by Staff Eastham asked if it was appropriate for the Commission to be approving this application knowing that the County is working on changes to its Land Use Plan that would not allow this development. Meisner said the application was made prior to the county taking final action on the north corridor. Meisner said that in fact Johnson County Planning and Zoning has recommended leaving the plan as it is. Planning and Zoning Commission April 2, 2009 -Formal Page 13 Eastham asked if it would not be more logical to wait until the County Supervisors act upon the matter. Meisner said he did not think that would be more logical. He said that when an application is made, the Commission should operate under the rules in place at the time. Meisner said there was no guarantee the rules would actually change and it is only fair to operate under existing rules, not proposed ones. There was no one else who wished to speak to this issue, and Freerks said she would entertain a motion. She explained that what is needed is a letter to the County with the Commission's recommendation for the application. Payne motioned to submit a letter of approval for an application submitted by Richard Wonick for a rezoning of 39.92 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Highway 1 NE with the following recommendations: 1)that the Commission defers to the County for compliance with their Land Use Plan, and 2) that Buchmayer Bend be improved to county road standards. Koppes seconded. Eastham motioned to amend the motion to include stipulations that require the applicant address stormwater detention as well as ownership and management of the outlot. Weitzel seconded. Freerks invited discussion on the amendment. Weitzel said that the Staff proposal still allows adequate development potential and presents a better design. Freerks said the discussion should be on the amendment concerning stormwater management. A vote was taken on adding the amendment to the motion and the motion passed 6-0 (Busard abstaining). Weitzel moved to amend the motion to include Staff's design proposal as a stipulation. Eastham seconded. Freerks opened discussion on the amendment. Koppes asked if the applicant would be required to follow the design if the Commission approved that motion. Miklo said they would because the cluster concept is required in the Fringe Area Agreement. Koppes asked what would happen if the concept did not work in terms of engineering. Miklo said he was pretty confident that it would work. Weitzel said he did believe the Staff design does avoid the ravine quite well. Koppes said she did not know if she wanted to get into engineering. Miklo said it was not engineering, rather it was lot layout. Weitzel said that Staff design would meet the recently passed subdivision standards. Koppes stated that the property was outside of the city's growth area. Payne noted that the County did not have to accept all of the Commission's recommendations. Plahutnik said that he felt MMS had done a very nice, sensitive job given the concerns of their client. Plahutnik said that the problem was that once again the Commission was finding itself in the position of zoning not planning. He said that if this were the last piece of development to be built in that area it would be a great project, and someone makes a lot of money. Plahutnik said this project has three cul-de-sacs, which the City is working hard to avoid. In the end, Plahutnik said, the area surrounding this area will be developed. This is not astand-alone project, Plahutnik said, and has to be thought of in context of that future development. Plahutnik said that for him to make an affirmative recommendation to the County on this project would be insane. That would not be forward looking, Plahutnik said. There is not even a general plan for that area yet, so it is impossible to know how this project will fit in. He said this is not a big picture plan, but a subdivision for an individual's profit. Miklo said comments should address the amendment on the floor. Eastham said he had interpreted it as such. Planning and Zoning Commission April 2, 2009 -Formal Page 14 A vote was taken and the amendment to stipulate Staff's plan as a requirement for approval was approved 4-2 (Busard abstaining; Koppes and Plahutnik opposed). Freerks invited discussion on the motion as a whole. Eastham said he found Plahutnik's perspective fascinating. Eastham said he did not have a full grasp of the technicalities of the Fringe Area Agreement, and asked if in Plahutnik's view the Commission should agree to consider zoning matters only in the context of an overall plan for development. Plahutnik said he was voting on conscience in this case. Miklo said the Fringe Area Agreement says the matters should be considered on a case by case basis. Payne said that case by case almost implies that there is no plan to consider. Greenwood Hektoen said that the Commission should apply any of the concepts and values used to consider any other application before them; it is not whether it complies with the County's Comprehensive Plan. The Commission is asked to review it because it has potential to be within the corporate limits of Iowa City and needs to fit in. Eastham said he was beginning to see Plahutnik's point because there is no provision in the Iowa City Comprehensive Plan for large lot rural subdivisions and no zoning designation that fits. Miklo pointed out that the city has RR-1 zone, large, one-acre lots. Miklo said there would have to be other compelling reasons why this was not appropriate, such as concerns about traffic, or changing the rural nature of an areas, etc. Freerks said that it sounds like a larger issue is begin considered which could be pulled forward for discussion in the future in conjunction with the county. Eastham said that the area between Iowa City and this property is basically open farmland. Eastham said there could be large lot rural subdivisions abutting Iowa City's limit, thereby limiting Iowa City's ability to develop small-lot areas. Koppes pointed out that once development reaches the growth area the subdivision regulations apply. Freerks said that it can be seen with Country Club Estates the friction created when something that was once very rural abuts the city limits. She said it is an issue but that she was not sure it was a reason for denial. Weitzel said that he does not like the growth out in that area, but that he does not see that the Commission really has a reason to say "no" to it. A vote was taken and the motion carried 4-2 (Busard abstaining; Plahutnik and Eastham voting against). OTHER: Discussion of a request to consider an amendment to the zoning code to allow accessory apartments in the Neighborhood Stabilization Residential (RNS-12) zone. Miklo explained that up until 2005 the City only allowed accessory apartments if one of the residents was elderly or disabled. In 2005 the code was liberalized to allow accessory apartments in single family zones provided the property was owner-occupied. At that time, the RNS-12 zone was specifically excluded because of its proximity to the University of Iowa. Miklo explained that the zone was fairly dense already and that a lot of the properties were subdivided into apartments in that area. Miklo said the primary concern was that accessory apartments would be legitimate at the time they were established and then if the property was sold as a rental property, it would be very difficult to enforce that unit not being occupied if the owner did not live on site. Miklo said that the idea also ran somewhat counter to efforts to stabilize the area. Miklo said that accessory apartments are somewhat of an experiment, and that a few have been approved in the RS-5 zone. He said there have not been any problems with them to date; however there Planning and Zoning Commission April 2, 2009 -Formal Page 15 are only a few and it has not been a long time since they were created. Miklo said the question before the Commission is if it wants to expand the accessory apartments to the RNS-12 zone. He said that if the Commission did decide to do so, they would need to decide whether to pursue the amendment now or to put it on the work program to address when some of the other items are completed. Freerks opened the public hearing. Judith Pascoe, 317 Fairchild Street, said that the reality of the RNS-12 is that it is still somewhat of a dream and a goal. She said that the reality of the area is that it is really densely populated. She said that she did not feel that allowing accessory apartments was going in the direction the RNS-12 designation aimed for. Claire Spnsler. 413 North Gilbert Street, said that normally she would be in favor of plans to increase density as it is often a very good urban planning value. However, she said this is inappropriate in the RNS-12 zone because the density is so high, and the parking so difficult. She agrees with the earlier decision that accessory apartments not be allowed in this zone. Will Jennings, 311 Fairchild Street, said that he understands that a younger or first time home-buyer may use this arrangement as a way of purchasing a home. He said that while he thinks this is an honorable thing, he does think that the realities of the area make it a poor choice for accessory apartments. Jennings said there were already issues of enforcement regarding parking and over-occupancy, and that this would compound those. Weitzel moved to deny the request to consider an amendment to the zoning code to allow accessory apartments in the Neighborhood Stabilization Residential (RNS-12) zone. Koppes seconded. Weitzel said that the accessory use apartment is still experimental and should be allowed to play out in areas with larger lots and less density issues until the Commission can see where it is going. Koppes said that it was not included in the RNS-12 zone for very good reasons which still stand today. Eastham said he felt there were sufficient zones that allow accessory apartments already. Eastham asked if the owner did not have to live in the primary residence and Miklo replied that it is not specified in the code which dwelling the owner must occupy. Payne said it should be left the way it is. She said it did not make sense to change the zoning so that one letter-writer can buy a home. Busard said it was a bad idea. Freerks said she remembers the discussions about this when the code was changed. She said there were many good reasons this zone was left out. A vote was taken and the motion to deny the request was passed on a vote of 6-0 (Plahutnik abstaining). Discussion of retaining Interim Development (ID-RS) and Rural Residential (RR-1) for a portion of Country Club Estates (Outlot D). Miklo explained that this issue has already been seen by the Planning and Zoning Commission and the City Council. Miklo said that the Council would like to leave Outlot D zoned ID-RS and RR-1 and the question is whether the Commission would like to meet with the Council to persuade them otherwise. Planning and Zoning Commission April 2, 2009 -Formal Page 16 Freerks opened the public hearing as there were no questions for Staff. Larry Jewell, 53 Tucson, said that he was concerned with this proposal as there were a number of issues that still need to be addressed. He said that what is getting lost is what is driving the developer to accept this proposal. The developer had raised concerns about the uncertainty of the use of the Outlot. Jewell said this arrangement allowed the opportunity to discuss the total development to be lost. Jewell said this gave the development a piecemeal approach and loses the continuity of the development. Jewell said there were still a number of issues to address and said he would suggest sitting down with the planners, the developers and the City Council to discuss other options for these lots. Jewell said Ross Wilburn, City Councilor, had attended a neighborhood meeting on the issue, sat down with the neighbor's to hear their concerns and previewed the area. Greenwood Hektoen advised Commissioners to reveal any ex parte communication at this time. Eastham noted that after the City Council meeting a woman named Jenny Sandburg who owns one of the lots with her husband spoke with Eastham about the general rezoning process. Greenwood Hektoen asked Eastham if he could still be impartial in his decision. Eastham said that he could. Freerks said that in general if the Commission was to meet with the City Council it would be to present an argument that supported the option the Commission had presented to Council. After some discussion, it was determined that in this case, the Commission and the Council were not actually in disagreement. Koppes motioned to not meet with the City Council. Weitzel seconded. A vote was taken and the motion not to meet with the City Council was passed 7-0. CONSIDERATION OF MEETING MINUTES: March 2 & March 5, 2009: Payne, Koppes and Busard offered corrections to the minutes. Koppes motioned to accept the minutes as amended. Payne seconded. The minutes were approved on a vote of 7-0. ELECTION OF OFFICERS: Payne motioned to elect Freerks as Chairperson for another term, Koppes as Vice-Chair, and Plahutnik as Secretary. There was no discussion. A vote was taken and the motion carried 7-0. Greenwood Hektoen advised Commissioners that due process requires Commissioners to reveal any ex parte communications up-front, prior to Staff reports. ADJOURNMENT: Payne motioned to adjourn. Weitzel seconded. The meeting was adjourned on a 7-0 vote at 10:00 p.m. c 0 . y N . ~ U i 'a O ~ C v Z F O~ W ~ N ~ o ~ _ ~ C N J < ~ C ~ . 0 ~ r O ~a ~ u d ~ _ U O ~ X X X X X X X M X X X X X ~ X N X X X X ~ X X X X X ~ X X X r ~ ~ .-- M N O O M ~ ,~ ~ r- .- ~ ~- .- ~ ~ ~ ~ ~ ~ ~ ~ I-,X000OOOo Y ~~ Y d d C dN N R t L Q. = 3 ~.7 ~ N y y Q R Z ~ z OO~j~iYaa~ ~~jQui~~f-' I I ~ M M x x x x x x x i N M x x x x x x x N N X X X X X X X ~ X X O X X ~ ~ F-W r 0 ~ 0 M 0 N 0 O 0 O 0 M 0 N z ~ R m '~ E t w Cj V! ~ ~i Q N O Y W d . ~ °' ~ Y = 7 a 3 ~ ~ F"' a~ U X W +. ~ C C N ~ N ~ ` ~ Q a Q n Tn u w YXOO IP15 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 - 6:30 PM MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Members Present: Stephen Crane, Marcy DeFrance, Andy Douglas, Charlie Drum, Holly Jane Hart, Michael McKay, Brian Richman, Michael Shaw Members Absent: Rebecca McMurray Staff Present: Tracy Hightshoe, Steve Long Others Present: Steve Noack, Ashlee Swinton (Successful Living), Steve Rackis (Housing Authority), Maryann Dennis, Charlie Eastham (The Housing Fellowship), Ron Berg (MECCA), Sandy Pickup (The Free Medical Clinic), Diane Funk (Home Ties), Heather Weber, Joshua Weber (Builders of Hope), Arvind Thakore (Dolphin), Bill Wittig (Private Owner), Terry Sobotta (Iowa Realty) RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): Housing and Community Development Commission Funding Recommendations: FY10 CDBG/HOME Projects Public Services: Iowa City Free Medical Clinic (Operations): $5,000 Shelter House (Operations): $2,500 Successful Living (Operations): $2,500 Public Services Total: $10,000 Housing Activities: The Housing Fellowship - CHDO Operating: $30,687 Isis Investments LLC -Rental: $150,000 The Housing Fellowship -Rental: $220,000 Dolphin Lake Point -Homeownership: $90,000 Iowa City Housing Authority - TBRA: $110,000 William Wittig -Rental: $20,000 Housing Total: $620,687 Public Facilities: Community Mental Health Center -Facility Rehabilitation: $23,504 The Arc of Southeast Iowa -Facility Rehabilitation: $4,500 Neighborhood Centers of Johnson County -Facility Rehab: $26,601 Shelter House -New Construction: $83,215 MECCA -Facility Rehabilitation: $32,399 United Action for Youth -Facility Rehabilitation: $18,000 DVIP -Facility Rehabilitation: $12,256 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 2 of 16 Public Facilities Total: $200,475 Total FY10 CDBG/HOME Funds Available to Allocate: $831,162 Housing and Community Development Commission Funding Recommendations: 2009 American Recovery & Reinvestment Act (a.k.a. Stimulus Bill) FY09 Annual Action Plan Amendment First Mennonite Church -Home Ties Addition: $60,000 Shelter House -New Construction: $116,785 (Shelter House Total FY09 & 10 CDBG Award of $200,000) Total 2009 American Recovery & Reinvestment Act Funds: $176,785 On a vote of 8-0 (McMurray absent) the Commission agreed to make the above mentioned recommendations to City Council for FY10 Community Development Block Grant (CDBG) And Home Investment Partnership Program (HOME) funds and for the 2009 American Recovery & Reinvestment Act funds. CALL TO ORDER: The meeting was called to order at 6:30 p.m. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. STAFF/COMMISSION COMMENT: None. DISCUSSION REGARDING FY10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) REQUESTS: • Discuss FY10 CDBG/HOME Applications • Develop FY10 CDBG/HOME Budget recommendations to Council • Consider an Amendment to the FY09 Annual Action Plan for the American Recovery and Reinvestment Act (a.k.a. Stimulus Bill) Richman said that all Commission members have had an opportunity over the last month to review the applications and projects, and that tonight's meeting was where the final allocation recommendations would be made. Richman proposed starting with Public Services as it is the only independent category. He noted that with Housing and Public Facilities, funds could be moved from one category to another. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 3 of 16 PUBLIC SERVICES: Richman noted that no Commissioners allocated funds to Extend the Dream on their allocation worksheets, so he proposed allocating $0 to that agency for the time being; the other Commissioners agreed. Hightshoe asked if each category would be voted on individually, or if a final vote would be taken at the end of all of the decision-making process. Richman said there would be one motion at the very end of the process. Richman noted that only one Commission member funded the Compeer Program. Douglas, the funding member, said that he could withdraw his proposed funding as it seemed the consensus was to not fund Compeer. Richman suggested allocating $0 to that project for the time being. He reminded Commissioners that changes to these numbers could be made at a later time. Richman suggested starting with the average allocation for the remaining four Public Service agencies: $4,056 for Iowa City Free Medical Clinic, $3,111 for Shelter House (Operations), $1,444 for Successful Living (Operations), $1,111 for Local Foods Connection (Operations). Richman said that HCDC policy is that the $10,000 available in this category must be allocated with a $2,500 minimum for each agency. Richman asked if anyone felt strongly about either increasing or decreasing funding for the Iowa City Free Medical Clinic. Hightshoe noted that the average allocations worksheet lists in order the average score after the ranking sheets were compiled. The application with the highest score is first and then second, third, etc. This is the same for housing and public facilities. McKay proposed raising the Free Medical Clinic's allocation to $5,000. Shaw inquired as to the rationale for this, noting that at least three people had spread the allocations evenly in $2,500 increments. Shaw pointed out that the prior meeting's consensus was that each Commissioner would allocate to the two agencies that had previously received the most votes for allocation and then spread the remainder as they saw fit. He said that it is a question of whether the Commission wants to "load up" the top two selections, or spread the money among more groups. Drum said these comments basically lead to a discussion of Local Foods Connection, because they were at the bottom of the remaining agencies in terms of allocations. He noted that there were five Commissioners who allocated nothing. Shaw said he could be swayed either way, as he is still wrestling with the choice of placing federal reporting burdens on small, understaffed organizations versus funding an organization that has in the past used CDBG money well and put itself in a position to grow into aself-sustaining organization. He said this was a discussion the Commission should have. Richman said that his feeling was that Local Foods is an organization that has really moved toward being self-sustaining and may no longer need CDBG money in such a critical way. He said this was his rationale for not funding Local Foods, but that he was open to discussion on the matter. Drum said that it is an organization that he personally supports, but that it did not rank well on his allocation sheet and so he chose not to fund it. Richman said that it seemed the choice was whether Local Foods would receive $2,500 or $0. Crane said the Free Medical Clinic was his first priority, and that he would be willing to move Local Foods to $0. DeFrance said that the Free Medical Clinic was also her highest priority because of the high number of Iowa City residents it serves; she said this rationale is also what led her to fund Shelter House and Local Foods. Shaw noted that McMurray had funded Local Foods. Richman pointed out that the vote would be taken at the end of the meeting so that McMurray could have the opportunity for input if she arrived at the meeting prior to its end. Shaw asked how many years Local Foods had been funded. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 4 of 16 Hightshoe said it had been funded in FY08 and FY09. Shaw analogized that the Local Foods seed had taken root and may now be able to grow on its own. He noted that in some ways not funding Local Foods was almost like punishing them for their success. Richman said that ultimately there are philosophical issues to consider when it comes to allocating the funds, but that that is the nature of the task. He proposed allocating $0 to Local Foods and bumping the free Medical Clinic up to $5,000. The Commission agreed to do so for the time being. Richman noted that Successful Living also had an average allocation that was below the $2,500 minimum, and asked if the Commission would like to move it up to the $2,500 level or down to $0. McKay said that with the burden of federal reporting in mind, he would consider moving Successful Living to $0 and then moving Shelter House up to $5,000. Richman said that his feeling on the federal reporting requirements is that each agency was aware of those requirements when they applied for the funds and so it will not be an unforeseen burden for these organizations. Long and Hightshoe pointed out that the three organizations still under consideration for Public Services funding have all received federal funding of some sort in the past and are therefore familiar with the requirements. Long said that if Staff had concerns about those agencies and reporting they would have informed the Commission of that. Hart said she would be willing to go either way, but was leaning toward $5,000 for the Free Medical Clinic, $2,500 for Shelter House, and $2,500 for Successful Living. Richman asked the representatives of Successful Living that were present if they would be comfortable with an award for less than the requested amount, and they indicated that they would be. Crane noted that all of these agencies have put a lot of time and effort into this process and that he would prefer to fund three or four of them rather than just two. A consensus was indicated for funding Successful Living at the $2,500 level. For the purposes of discussion, the Commission agreed to fund Free Medical Clinic at $5,000, Shelter House at $2,500, and Successful Living at $2,500. HOUSING ACTIVITIES: Richman suggested next discussing the Housing Activities applications. He suggested beginning by once again seeing if consensus could be reached on which projects would not be funded. Don Tonnesen Rental: Drum noted that Don Tonnesen's application (Anchor Housing) had received no votes for allocation. Richman agreed that this project could be dropped from discussions if no one had changed their opinion on it since submitting their worksheet. The Commission agreed to allocate $0 to this project. Builders of Hope -Rental: Richman noted that Builders of Hope had received only one vote for funding (McMurray). Richman suggested funding the project at $0 for now and then revisiting if necessary prior to a vote. The Housing Fellowship - CHDO Operating: Richman noted a high level of consensus on the CHDO Operating funds for The Housing Fellowship, with everyone funding at either $30,000 or the full request of $30, 6887. Shaw said that if the Commission was willing to fund at $30,000, then they might as well go ahead and give The Housing Fellowship the additional $687 they had requested. A consensus was indicated for funding The Housing Fellowship (CHDO Operating) at $30,687. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 5 of 16 Isis Investments LLC -Rental: The application from Isis Investments LLC was discussed next. Crane noted that the average allocation for this project had been $150,000 of the requested $250,000, with Richman allocating a little more and Hart allocating a little less. Shaw said his rationale had been that Isis did two units very successfully last year so he was willing to go ahead and fund three units this year. Crane said he had a similar rationale for his final allocation figure. Douglas noted that this was one of those "shovel ready" projects being encouraged by the Stimulus Package. Richman said he had previously funded Isis at three units ($ 150,000) but had decided to bump it up to four units ($200,000). He said there are two big traditional rental projects under consideration for funding: projects by Isis and The Housing Fellowship. Richman said the nice thing about Isis is that the units come on line fast because they are an acquisition rehabilitation project as opposed to new construction. He said he was comfortable moving down to $150,000 if others were more comfortable with that. Shaw said he would be comfortable going to $200,000 if it could be changed later in the discussions if the money was found to be needed elsewhere. Hart said she liked both projects, but had just been looking for more money for The Housing Fellowship. She said she would be fine with $150,000 for Isis if that was the consensus. The Commission agreed to set the allocation for Isis at $150,000 for the time being. The Housing Fellowship -Rental Crane noted that he had allocated high on this project because they have always done a good job. He said he would be willing to go down to the level of the average allocation ($202,552) to be more in line with what others have allocated. Richman said that it helped him to list the pros and cons for the Isis project and The Housing Fellowship project. A con for Isis is that the affordability covenant is only for fifteen years instead of the 30 years The Housing Fellowship has proposed. He said that is sort of the nature of the hybrid rental/option to buy project that Isis offers. Richman said his concern with The Housing Fellowship is the relatively high developer fee. Richman said that it is also true that much of the developer fee will ultimately go back in the community because The Housing Fellowship has a history of doing good projects. Shaw asked if the concern Richman had was bumping into the same situation the Commission ran into in the fall with having the terms of the loan change. Richman said that in a sense this was an issue for him in that the loan would not amortize and no money would come back into the City over time to be reallocated for other projects. He acknowledged that this just might be the nature of affordable housing in Iowa City at this time, and that perhaps the only way it can be feasible is to have no ongoing loan payment. Hightshoe pointed out that Staff concurred with the terms put forth by The Housing Fellowship because they will look more appealing to a syndicator trying to broker the tax credit deal. A consensus was reached to fund The Housing Fellowship (Rental) at $200,000 (ten units) for the time being. Shelter House -Rental: Richman asked for comments on the Shelter House rental project. Richman noted that five Commissioners had not funded the project and four had. Drum noted that six Commissioners had actually not funded the project as he had made a mistake in allocating to the project and had not intended to. Shaw said that while he had allocated some funding to the project, he was comfortable with the arguments previously made by others that it may be better to do more immediate, shovel-ready projects this year and save this for another time. McKay said he had had the same thought. Douglas said he thought that Staff still had some concerns about the ability to pull this project off at this time. Hightshoe said Staff had concerns about cash flow because the Shelter House will have to get a private loan to fund this project. She said that Staff had expressed that they could not give their recommendation to the project based on the current numbers and that they had not received a revised pro forma (as had been HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 6 of 16 requested at the last meeting from Shelter House). McKay said he would be willing to go to $0 on the project and Douglas said that he would too. Consensus was reached not to fund the Shelter House (Rental) project at this time. Dolphin Lake Poirzt -Homeownership: Richman asked Staff what the assumed down payment on one of these units would be, and was told it was $9,000. Richman said that what he liked about this project is that it is the only home ownership project on the table this year. He said that last year he was much more skeptical about this project, but that he feels that a good job has been done there in terms of moving the construction along. Richman said he is still concerned about whether the proposed buyers will be able to get financing. Shaw said that given the fact that the project will be rolling out slowly; there is always a chance that in a year or two as more units come on line the financial conditions may be more conducive to the target population. Richman said that last year $68,000, or roughly seven units, had been funded. He said that part of the decision was based on the question of how many more units the Commission wanted to fund. Drum said he believed this may have been where the error was on his worksheet, and that even though his aim was to fund more rental units, he liked this project a lot. Shaw asked Hart why her funding allocation was $0. Hart replied that her reason was that the project was a low CITY STEPS priority. She said she thinks it is a good project and that it is doing well; she said she is not opposed to funding it as the only home ownership application. Douglas said he was more interested in funding rental properties this time around, but that in light of the additional funding he had allocated some to this project. The Commission reached consensus to fund the project at $100,000. Iowa City Housing Authority - TBRA: Richman recalled that TBRA funds about one family for each $4,800 in funding. Shaw said he had intended to fund about 20 families. He noted that with $60,000 in TBRA funding still available from last year there may be a capacity issue for the Iowa City Housing Authority (ICHA), with more TBRA funding than is needed, and that perhaps it would be best to give more money to another group. McKay said that he had funded TBRA highly because he knew that the money gets used in a very good way. He said he was flexible on the amount of funding. Shaw said that if $60,000 was left over from last year's allocation it may be that there is not a great enough demand for the units for which TBRA can be used. McKay said he was willing to consider that possibility. Hart said that the availability of this funding could make or break for the people who need it. Shaw noted that $60,000 was the entire FY09 allocation to TBRA and all of it is left. Drum noted that if the Commission funded TBRA at $120,000 and the $60,000 from last year was taken into account it would be almost as if the Commission had funded the full $180,000 request. Hightshoe said that that amount would fund 25 families over a two year period. Crane and Douglas said they were fine with raising their allocation amounts as their low allocations had been because they felt stronger about other projects. Richman said he too was willing to allocate at $120,000 for now. William Wittig -Rental: Richman noted that four Commissioners had proposed some level of funding for this project and five had allocated $0. Richman said whether or not to fund this project had been a tough decision for him. He said this project was different than any other that had been funded in the past in that the units already exist and are affordable. Shaw noted that there are a number of questions about the property. Richman asked Commissioners what some of their questions about the property were. Drum said he had questions about the affordability period. Richman noted that Wittig had expressed a willingness to extend the affordability period and Wittig confirmed that he had. Hightshoe pointed out that because the property HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 7 of 16 currently had no federal attachment or lien it could be sold tomorrow and that affordability could vanish; CDBG funds would actually provide an affordability period that does not currently exist. Shaw and Drum noted that this meant the current affordability or use as transient housing could disappear without the restrictions attached with our funds. Richman pointed out that first someone would have to be willing to step in and purchase the property. Shaw said that for him there was also a capacity and occupancy issue with the property. DeFrance asked if the property had a valid rental permit. Long said he believed there were some issues being worked out. Wittig said that there were two or three issues that needed to be finished by July. DeFrance asked if it was true Wittig had owned the property for twelve years, and he said that he had owned it since 1996. Drum said he had trouble coming to terms with funding this project and DeFrance said she did too. She said that she had done some research on the property and that she had learned that the property was purchased for $135,000 in 1997. She said that she did not understand why there was a mortgage for $211,000. Wittig said the first mortgage was for $161,000 and that he had refinanced to refurbish the units. Wittig explained that the occupants were generally transient and were often hard on the property. DeFrance said she just wondered if the $76,000 was actually put back into this property because all she could see for repairs was a new furnace and a roof. Wittig said all of the money went into the property; he said that some of the reinvestment was actually the property taxes because the property is taxed as a commercial property. DeFrance said that based on the rents stated by Wittig in the last meeting it seemed that there was a lot of income to be had from this property. Wittig said that if he had all 16 rooms fully occupied he would not even have applied for the funding. He said that the problem with transient housing like this is that the vacancy rate runs at 15-20%. He said it is also difficult to collect the rents that are due because of the population he serves. Wittig said that he has generally used his real estate income to keep the property afloat. Wittig said that with tax depreciation it is generally a wash. In the past couple of years, however, his real estate income has decreased making it more difficult to keep the property going. Richman noted that $135,000 had been paid for the property and that $211,000 was owed on it, a difference of $75,000. He said that a new furnace and a roof was probably about $20,000. Wittig said there was a second mortgage of $50,000 taken out that paid for all of the roof, the soffits, gutters and 2-3 years of back property taxes. DeFrance said the commercial property tax rate was $7,552 per year. DeFrance said that in all honesty she was concerned about the maintenance of the property and rental permit compliance. She said she noted several things on the exterior of the building that would not take a lot of money but were not well maintained. She said there are nine pages of complaints against the property beginning in 1992 and running through the present in regard to the property's inspections. Wittig said he believed these types of complaints were growing fewer all of the time and that a lot of progress has been made. Wittig said that a tremendous amount of cooperation exists between his property and Shelter House and the STAR program. DeFrance said she was comfortable leaving the funding at $0 for this project. Drum said he would like to leave it at $0 as well. He said that the combination of the money-pit aspect of the property, the fact that it is privately owned, the short affordability period, and the condition of the property all make him not inclined to fund it. Hart said she has waivered with this property, with part her concern being the continual need for money for upkeep for this property. She said the fact that it was privately owned did not concern her as much. She said that it was in the property's favor that so much work was being done with the STAR program and that while it is not the most attractive property, it does seem as though there has been some improvement over the years. Richman said he had funded the property but that the question in his mind is if the new Shelter House is funded does it in any way reduce the need for this HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 8 of 16 property. Hart said that it seems to her that there is a need for this type of housing in the community. Wittig said that a larger Shelter House would only increase the need for units like his, as his units provide transitional housing for those coming out of homelessness. Richman noted that there seemed to be strong opinions against funding the property and weaker feelings for funding it. Wittig asked Staff what the designation "High Priority for Stimulus" meant that was written on the overhead next to his property's entry. Hightshoe said it simply meant that the project was CDBG eligible as rental rehabilitation could start immediately and it was abricks/mortar type project. Hart said that it just seemed to her that there was still a pressing need for this kind of interim or halfway housing. She said they may not always be the most attractive kind of units, but that there is a real need for them. Douglas said he could champion the cause a little more. He said that there is a strong need for this housing type and he would like to see it funded at the $30,000 level at least. Shaw agreed that there was a need for this type of housing but said that his concern was that in funding this project the Commission may be striving to fill that need with housing that was substandard rather than a higher quality of housing. Douglas asked if it was actually the case that the property was substandard or if the concerns were largely cosmetic. DeFrance said the concerns were more than cosmetic. Drum said that the property had been inspected. Crane asked Wittig what concerns were being addressed with the property that had to be rectified by July. Wittig said the bathrooms had issues and that it was better to simply gut them and rebuild them than to try to do piecemeal repairs. He said there was chipping paint on the exterior and that it made more sense just to get new siding and windows than to repaint. Wittig pointed out that a number of the permit violations brought up by DeFrance had actually occurred prior to his ownership, and said that he had been working diligently to try to make the property an asset in the neighborhood. He said that new siding and windows would add a whole new look to the property and would help to take it to the next level. Wittig said that the windows and siding he is hoping to have funded are improvements that will last 20-30 years, and could not be done based on the cash-flow alone. McKay asked if Wittig would be able to bring the property into compliance if his request is not fully funded. Wittig said that one of the big items on the request was $24,000 for a separate electrical panel in each unit which has been discussed with Housing Inspection Services (HIS), but has not as yet been made a requirement. Wittig said deleting that project would take $24,000 off the total. Wittig noted that the Housing Trust Fund of Johnson County had approached him with an offer of help for what funds come up short through HCDC. Wittig said a partial funding would help to leverage funding from the Housing Trust Fund. Hightshoe noted that this housing type is considered transitional housing and was meant as a stepping stone between Shelter House/homelessness and, for those who qualify, a Section 8 voucher or other low- income housing. Hightshoe noted that the Builders of Hope and Shelter House rental projects were also for transitional housing. Richman asked what would happen to a project like this if it were sold prior to the expiration of the affordability period. Hightshoe said a lien would be placed on the property and the purchaser would have to be willing to comply with the affordability terms. Wittig said that when the second mortgage is paid off in eight years, the cash-flow will be greatly improved. DeFrance said that it was hard for her to swallow that after collecting rents for twelve years Wittig had to borrow an additional $76,000 to get the property in the black. She said every rental property takes maintenance and that she is still concerned about all of the complaints against the property. She said she is skeptical that a new roof and furnace ate up $76,000. Wittig said he was not trying to convey that putting in a new roof and furnace and air HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 9 of 16 conditioner ate up all of that money. He said that much of that money was utilized for property taxes and during times of poor cash-flow. Wittig said he had gone through three different property managers before taking over the day to day operations of the property himself four years ago. He said that prior to that he imagined that the vacancy rate was somewhere between 25 and 50%. The roof replacement project put him at 50% vacancy. Wittig said that he believes with the enhancements discussed in the application and the cooperation of Shelter House and STAR that vacancy rates will level off at about 15% vacancy. He said that as happy as it would make everyone involved, the reality of a 5% vacancy rate is not in the near future. The previous owner, Wittig said, had 100% occupancy but had terrible problems with drugs and other unsavory problems. Wittig said there are still issues of course and that every six months or so he has to evict someone for alegal-related problem (violence or substance abuse). Wittig said that people coming out of the STAR program or Shelter House are in need of this kind of transitional housing. He said that these people were not college graduates or even high school graduates often and that they were not stellar tenants or model citizens. He said his tenants have had problems with drugs and legal problems and are trying to clean up their lives. DeFrance asked if Wittig had leases for his tenants. He said that he did not unless they were 30-day month-to-month. DeFrance asked where the funding for the rents comes from. Wittig said it came from many sources: Johnson County Assistance, Veterans Affairs, cash, payment directly from employers. Shaw said that this was a function of being able to work with other services such as STAR and Shelter House to be able to support people in transition from homelessness. Shaw said these statements led him toward funding the project as he believes there may be good collaboration between Wittig's property and other agencies. DeFrance asked where the tenants came from. Wittig said there were referrals from Shelter House and STAR, and there was also word-of--mouth referral. Hart said she was still inclined to advocate for some funds for this project. She said she was glad that there was a landlord willing to improve a property like this. She said that neither the clientele nor the properties for transitional housing were necessarily pristine, but that it is extremely difficult for these people to find accommodations. She said there seemed a real intent on the part of the owner to improve this property, and that without it a lot of people might fall through the cracks. Richman said he would be willing to see the City invest in the property if the five year affordability period was increased. Drum and Shaw said that a longer affordability period would also be a requirement for them. Crane asked how many rooms were currently occupied. Wittig said that 12 of the available 15 rooms (one room is reserved for the site-manager) were full. Wittig said that it was always possible at the end of the month that a number of them could leave as there were no leases in place. McKay asked Staff how much of this type of housing was available in the city currently. Hightshoe said it was very difficult to find this kind of housing. McKay said that with that in mind he would be willing to fund it. He said that he thinks the city needs this type of housing and if Wittig can bring the property into compliance with less than the full allocation request he is willing to invest in it. He said that while he funds it reluctantly, he thinks it is something that should be done. Drum said that with aten-year affordability period he would be willing to partially find the project. DeFrance asked if Wittig had said that it would be $24,000 to remodel two bathrooms. Wittig said the $24,000 was for electrical subpanels in every room, but that he thought as a grandfathered-in legal non-conforming use the issue had not yet been pushed by HIS. Wittig said he was currently gathering estimates on windows and that he had run into an issue wherein CDBG and HIS had conflicting requirements. Richman said a number would have to be floated for funding level. McKay recommended $25,000. Shaw said it was relevant to him how much money it would take to get the property up to code, and HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 10 of 16 whether that amount would increase the safety of the residents. McKay said $25,000 would cover the bathrooms and some of the kitchens, which are expensive and are quality of life issues for the residents. DeFrance asked what items the July Ist re-inspection was for. Wittig said the re-inspection was for the two bathrooms and for chipping paint on the exterior. Hightshoe noted that there were no lead-based paint considerations for this property as it is a single room occupancy property and not subject to Lead Based Paint provisions. Shaw said that this was his concern with partially funding the project: that it would be funded and would remain in substandard condition. Crane said that his understanding was that $25,000 would cover essentially everything on the list except the electrical. Wittig said that $66,400 would do everything with the electrical and that it would take about $40,000 to do only siding, windows, bathrooms and kitchens. Shaw asked Wittig what he would spend the money on if he received $25,000 from HCDC. Wittig said it would first be spent on bathrooms, then kitchens, and then if help was received from the Housing Trust Fund the siding and windows would be attended to. Shaw said his greatest concern was safety and that whatever funding level was necessary to ensure that the house did not burn down next year due to faulty wiring was what he would like to see done; toilets, he said, are just toilets. Hightshoe said that an award from HCDC (albeit partial) may help Wittig to leverage funds from the Housing Trust Fund to cover other project costs. The Commission set the allocation level at $25,000, with aten-year affordability period required. Hightshoe asked for the Housing Activities section in general if the Commission was amenable to the staff recommended financing terms as the terms presented to City Council. The Commission briefly reviewed the financing terms and agreed to staff's recommendations. Hightshoe noted that The Housing Fellowship had a financing period of 30 years, which would mean that in the final ten years when some renovations may be due The Housing Fellowship will not be able to apply for more HOME funds for the project. In light of that, Hightshoe asked if the Commission was interested in lowering the period to 20 years. The Commission chose to leave the terms as requested by The Housing Fellowship for the 30 year period. Richman proposed that for the Wittig project a condition be placed on the funding that says all property taxes and tax liens are satisfied prior to release of funds. He said that as a matter of public policy it does not make sense to allocate funds if the property taxes are not being paid. The Commission agreed to this stipulation. Richman proposed moving on to Public Facilities projects and then looking back to see if funding needed to be moved around somewhat. PUBLIC FACILITIES: Shaw proposed funding all projects fully for visual purposes, except the Shelter House new construction projects since their allocation request was so high, and then work their way backwards. Drum suggested leaving The Arc of Southeast Iowa out of the initial mix as well since their request was so small. The Commission agreed to do this. Richman said this formulation left approximately $178,000 for Shelter House, if The Arc was left unfunded. Shaw pointed out that there was the ability to take money from the Housing Activities side of things and the Public Facilities side and switch dollar amounts around. Richman said that he believed full allocation for MECCA and Community Mental Health Center (CMHC) was a little too more than he was comfortable with. Hart said that CMHC could get their parking lot fixed for $23,504; she said she had HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 1 I of 16 allocated for the driveway only, leaving the windows for another year. Crane said that he felt the alley/parking lot was a hazard the way it was currently and needed to be fixed. Shaw said it had to be thought of in the context of where the funding would be moved to, what the Commission would be valuing more than the windows. Hart said she would like to see more money allocated to Shelter House. Douglas said that he would too. Drum said he would be willing to fund the pavement only for CMHC as that was his greatest concern. A consensus was reached to fund CMHC at $23,504. Shaw noted the Neighborhood Centers of Johnson County (NCJC) has the difference between the full funding and the $18,600 for the back deck area. Crane noted that the additional money was for the asphalt in the front of the building. Shaw said that he had been there recently and did not see the asphalt as something that was necessarily a safety risk at this point, but that the agency had requested funding for it for the last three years. McKay said that an argument could be made that $4,500 for The Arc would have a more significant impact on them than it would on the Shelter House project. Shaw said that the argument could also be made that The Arc was using the $4,500 for rugs, whereas Shelter House was using it for housing and to provide a safe place to sleep. Richman said he did not find The Arc carpet to have been in that bad of shape, and that there were higher priorities to be funded. Shaw asked if The Arc was funded at all last year and Crane replied that safety lights had been funded for them. Shaw pointed out that The Arc asks for just little bits of money and that every little bit helps. Crane said that was how he felt too; that they just ask for a little bit and that while the carpet is not that bad, the perception change the new carpet could have for some of their kids could be important. Drum said that while he agreed that there may be more urgent projects, he does like the idea of spreading money to different groups of people needing different kinds of help. Shaw said that this year could be a year that affords the opportunity to deal with the little things (due to the Stimulus Package) whereas next year may not. DeFrance and Drum expressed agreement with that sentiment. Shaw pointed out that The Arc did receive the lowest ranking. DeFrance countered that the money would make a big difference for that agency. Drum asked if anyone was strongly opposed to fully finding The Arc, saying that he was not. Hart said she was not strongly opposed unless that money could help complete one of the more critical projects. Richman said he had not funded the project but was not strongly opposed to doing so. He said the question was which other project the money will be taken from. Drum said he was not sure that was the right way to look at it unless the whole allocation process was to be reexamined in that light. A consensus was reached to fully fund The Arc at $4,500. Shaw noted that there had been discussions about taking the NCJC to an allocation level of $18,600 to fund the back deck only. Richman said that it may be pertinent to keep in mind that due to a clerical error, "fully funding" the NCJC is actually 65% of what they had actually intended to request. McKay said that was his rationale for fully funding the agency the first time around. Crane said he would be fine with raising his allocation to $26,615 because he felt the deck was a safety issue. Hart said she was fine with fully funding NCJC. Crane asked what else Richman had mentioned as being over-funded in his opinion. Richman said he had felt that fully funding MECCA was a little too much. He said he funded the first priority of the three projects laid out by MECCA. Richman said that for him what it comes down to is that he would like to see enough money go into the Shelter House to make sure the project goes forward. Hightshoe said that Shelter House had indicated they still needed $1.5 million more to construct, and that every little bit helps. Richman said that he would like to see Shelter House funded at $200,000. Shaw suggested HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 12 of 16 bumping Shelter House's allocation up to $200,000 and seeing what needs to be cut from there. Crane said he had agreed with Richman regarding MECCA, and had funded only the security entry system as that was their stated priority and he did not know that the other two projects were immediately necessary. Hart asked what that amount would be and Crane replied $32,399. Richman noted that the allocation process was within $5,000 of complete, a figure which could easily be worked out. Richman said the larger question was how Commissioners felt about the split between Housing Activities and Public Facilities, and whether they wished to move money from one category to another. Hightshoe said she wished to indicate CITY STEPS priorities as this is our final year. In the five year plan the goal is to dedicate 20% of allocations to Public Facilities, and the current average (after four years) is 14%. Richman said he feels fairly good about the current breakdown, but acknowledged that other Commissioners may feel otherwise. Hart said she was inclined to fund more Public Facilities in general, but that it seemed as though this year they were almost fully funded. Shaw asked what the amount of money was that had been added by the Stimulus Package. Hightshoe said it was $176,785. Shaw said the task at hand was to make sure that $176,785 was directed toward high priority stimulus projects. Richman said this would not be a problem since Shelter House alone, a qualifying project, was funded at $200,000. Shaw asked if they should take a look at Public Facilities projects that had not been fully funded, listing MECCA and CMHC, a difference of $25,000. Long pointed out that two projects that were more lowly ranked than MECCA and CMHC had been fully funded. Shaw asked if there were any projects in Housing Activities that it might make sense to pull money from to make sure Public Facilities was as fully funded as possible. Crane noted that as it stood the budget was still $5,000 off and asked what thoughts were on taking $5,000 from the Wittig project since five of the nine Commissioners had initially not funded the project at all. Crane noted that the Wittig project seemed to have at least one additional funding source to help make that money up. Shaw again asked if there was a way to fully fund the Public Facilities projects by pulling money down from Housing Activities. Hightshoe said she thought many of the Public Facilities projects would be very thrilled with the recommended allocations. Crane said that the Public Facilities numbers were pretty high compared with other years. Hart said she did not know what Housing Activities item she would want to cut. DeFrance said. she would not want to cut any. Richman asked how people would feel about moving some money from either TBRA or the Wittig project up to either The Housing Fellowship or Isis. DeFrance said she had no problem with that. Richman said he supported the TBRA project but that he would also be comfortable with an allocation of less than $120,000. Drum said even though he felt hesitant about giving the Wittig project money; it is still a housing type that is not represented elsewhere in the allocations. Shaw asked if Richman was suggesting taking money from Public Facilities and shifting it to one of the higher Housing priorities. Richman said the question was what was of a higher priority and he was simply asking if the Commission wanted to take TBRA down to $100,000 and fund an additional unit for The Housing Fellowship. He said the money could be taken from anywhere including Dolphin or TBRA and would fund an additional rental unit. Shaw said he wanted to express a strong opinion about not touching the money for Shelter House new construction. Hart observed that one of the reasons TBRA never gets high rankings is that it does not have a lot of the aspects that are rated. Hart and Crane said that they would be comfortable with taking $10,000 from TBRA and $10,000 from Dolphin and funding The Housing Fellowship for an additional $20,000. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 13 of 16 Shaw asked again if there was not an interest in fully funding the Public Facilities projects. Crane said that this year Public Facilities had been funded quite a bit higher than in years past. Hart said that where Public Facilities projects had not been fully funded, the most critical needs at least had been provided for. DeFrance noted that she is not against transitional housing at all, but that she had specific concerns about the Wittig project. She said there is a tax lien on the property and it bothers her to see the Commission allocate $20,000 that could help a group with a good track record rather than this house which has a bad one. Shaw said he had concerns about the track record as well, but that he believes there has been some progress. Hart said the bad track record was prior to Wittig's ownership. DeFrance said that it was not all prior to his ownership and that the property has been an ongoing concern since 2001 and Wittig purchased it in 1997. DeFrance said she is concerned about the fact that there is a tax lien on the property and she wants to make sure the money is being spent to benefit the most people. Richman said that if the Commission puts the conditions on the allocation that the affordability period is extended to 10 years and all tax liens and back taxes have to be satisfied then he is comfortable. Richman asked Staff if the Commission could specify what projects the money could be spent on, and asked the Commission if that would make them more comfortable. Hightshoe said that the Commission could stipulate what the money was spent on. Crane asked what the maximum allocation for the Housing Trust Fund might be. Maryann Dennis, The Housing Fellowship, said The Housing Trust Fund has $215,000 to allocate and that she believed they only received two applications. Hightshoe said that this would be a loan and would have to be repaid. Crane motioned to approve the allocations for FY10 Community Development Block Grant (CDBG) And Home Investment Partnership Program (HOME) and 2009 American Reinvestment and Recovery Act funds (ARRA) as discussed. Shaw seconded. The motion carried 8-0 (McMurray absent). BUDGETARY CAHNGES: Richman noted that the allocation amounts from the Department of Housing and Urban Development (HUD) are not yet finalized. Staff has proposed that if the allocations exceed the budgeted amounts by less than 5% they will distribute the money evenly among the applicants. Richman asked what would happen for those projects that had been fully funded. Hightshoe said the money would go pro rata to those projects that had not been fully funded. Drum asked if there would be a priority order to the additional funds. Hightshoe said that would be up to the Commission. Hightshoe said that it was possible to allocate all additional funding to just one project. Shaw started to move that if there is additional funding of less than 5% of the FY10 Iowa City allocation the first priority will be to fully fund Public Facilities and the remainder would be distributed evenly among other projects; however, Long pointed out that how additional money could be spent would depend on its source. Hightshoe said it could be that the CDBG budget was correct but more HOME funds were received; in that case, only additional HOME projects could be funded, not CDBG eligible projects. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 14 of 16 Shaw motioned that if there is additional funding of less than 5% of the FY 10 allocation, the money will be distributed pro rata among the appropriate agencies for the funding source. Drum seconded. There was discussion among Staff and the Commission as to what projects exactly were CDBG and which were HOME eligible. Richman said he would like to see any additional funding go into Housing Activities rather than fully funding Public Facilities. Richman said he felt like the Commission had done a great job with Public Facilities this year. Hart said she would like to see additional funds go into Shelter House. After some discussion, Richman suggested any additional CDBG funding would go to Shelter House new construction, and any additional HOME funds would be split pro rata between TBRA and Dolphin. Shaw amended his motion to state that if there is additional funding of less than 5% of the FY10 allocation (and 2009 ARRA funds) additional CDBG funds will be allocated to Shelter House -New Construction and additional HOME funds will be allocated pro rata between TBRA and Dolphin. If the City receives more than 5% of the FY10 allocation (and 2009 ARRA funds), the commission will meet again to discuss. McKay seconded the amended motion. A vote was taken and the motion passed 8-0 (McMurray absent). STIMULUS PACKAGE: Long said that Staff needed to separate out the Stimulus funds and amend the FY09 Action Plan to reflect the changes. Crane asked if it would be easiest to simply allocate the full $176,785 to Shelter House new construction. Long said that the Home Ties project was definitely "shovel ready." Richman asked Staff to offer a suggestion of where to allocate the stimulus funds. Long said that Home Ties and Shelter House would be logical places to allocate the funds. Hart motioned to amend the FY09 Action Plan to designate First Mennonite and a portion of the Shelter House allocation as funds from the stimulus package. Drum seconded. A vote was taken and the motion carried 8-0 (McMurray absent). Hightshoe noted that two or three Commission members were needed to serve on a committee to present their rationale for their funding decisions to the City Council in a document. Hightshoe said Staff would create the preliminary document and then the committee would make changes and recommendations to tweak it. Hart, Shaw and Drum volunteered to serve on the committee. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 26, 2009 MEETING ROOM A, IOWA CITY PUBLIC LIBRARY Page 15 of 16 ADJOURNMENT: McKay motioned to adjourn. Crane seconded. All were in favor and the motion carried 8-0 (McMurray absent). The meeting was adjourned at 8:50 p.m. c 0 .N N .~ O U c m 'v C L Q. 0 V _0 > ~ d ~ _ ~~+' ~ C ~ 3 ~ ~' ~a 0 U o!f c .y 7 O 2 Q1 O O N M X X X X X X ~ X X M X ~ X X X X X X X N X X O X X X X X X j Z Z Z Z Z Z Z Z Z N X ~ X X ~ X ~ X X ~ ~ L .- rn o T rn o T T T T o T T o T T T T T T T T o r- T rn o T ^ ` W L X f w ~ \ ~ \ O \ \ \ \ \ \ \ 0 0 0 (0 U f° ~ ~ O ~ N ca U ~ N C Ca N > ~ Q ~ ~ U ~ m L ~ O L - ~ U ~ c N U o - ~ ~ ~ f6 Z ~ U N ~ O ~ i ~ (0 2 U ~ U ~ . V ~ ~ c~ L ~~ x ~ E _ W a=' ~ ~ ~ '~ ~ C ~ ~ N ~ N aQ~Z Q Z n u „ u n w~ ; 1XOOz