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HomeMy WebLinkAbout2025-02-20 Info PacketCity Council Information Packet CITY OF IOWA CITY February 20, 2025 Council Tentative Meeting Schedule IN. Council Tentative Meeting Schedule Miscellaneous IP2. Memo from Grants Specialist: American Rescue Plan Act Update Draft Minutes IP3. Board of Appeals: February 7 February 20, 2025 City of Iowa City Item Number: IP1. a CITY OF IOWA CITY "QR T-4 COUNCIL ACTION REPORT February 20, 2025 Council Tentative Meeting Schedule Attachments: Council Tenetative Meeting Schedule _ r -.E City Council Tentative Meeting Schedule memo Subject to change CITY OF IOWA CITY February 20, 2025 Date Time Meeting Location Tuesday, March 11, 2025 4:00 PM City Conference Board Meeting City Hall, Emma J. Harvat Hall Work Session 410 E. Washington Street 6:00 PM Formal Meeting Tuesday, April 1, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, April 15, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Monday, April 21, 2025 4:30 PM Joint Entities Meeting Iowa City CommSchool District TBD Tuesday, May 6, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, May 20, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, June 3, 2025 4:00 PM Work session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, June 17, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, July 8, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Monday, July 21, 2025 4:30 PM Joint Entities Meeting City of Coralville TBD Tuesday, August 5, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, August 19, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, September 2, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, September 16, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, October 7, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Monday, October 20, 2025 4:30 PM Joint Entities Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Tuesday, October 21, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Monday, November 3, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Tuesday, November 18, 2025 4:00 PM Work Session 6:00 PM Formal Meeting City Hall, Emma J. Harvat Hall 410 E. Washington Street Tuesday, December 9, 2025 4:00 PM Work Session City Hall, Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E. Washington Street Item Number: IP2. a CITY OF IOWA CITY "QF T-4 COUNCIL ACTION REPORT February 20, 2025 Memo from Grants Specialist: American Rescue Plan Act Update Attachments: Memo from Grants Specialist: American Rescue Plan Act Update r -1 CITY OF IOWA CITY ^l MEMORANDUM Date: February 14, 2025 To: City Council From: Sam Turnbull, Grants Specialist Re: American Rescue Plan Act Update The U.S. Treasury has allocated $18.3 million to the City of Iowa City in local fiscal recovery funds through the American Rescue Plan Act (ARPA). The City has spent or encumbered that entire allocation to date. At the Sept. 7, 2021 Work Session, City Council signaled their support for the following expenditure priorities, categorized by emergent needs and strategic investments: Program 2021 Est. Range Funded Expended Status Emergent Needs: Direct Payments to Eligible Adults $1 - $1.5M $1,184,071.19 $1,184,071.19 Complete Eviction Prevention $1 -$2M $1,137,710.00 $563,493.11 In Progress Housing Repair / Relocation $500k - $1.5M $1,071,500.00 $1,071,500.00 Complete Emergency Non -Profit Assistance $500k - $1 M $485,000.00 $460,656.30 In Progress g Strategic Investments: BIPOC Business Support Framework / $4 - $6M $3,980,000 $2,234,432 In Progress Infrastructure Social Service Needs Assessment, Capital Planning & Seed $3 - $6M $3,000,000 $1,188,357.82 In Progress Funding Affordable Housing Initiatives $2.5 - $6M $1,713,909.37 $1,707,773.00 In Progress Mental Health Services $1.5 - $3M $939,082.00 $902,533.19 In Progress Workforce Development $1.5 - $3M $1,250,000 $751,210.50 In Progress Climate Resiliency and Hazard Assessment $500k - $3M No Longer Planning Planned February 17, 2025 Page 2 Tourism Recovery: $250,000 Small Business, SSMID: Arts, Culture, and Tourism $1 - $2M $500,000 $225,983.14 In Progress Investments Skate Park: $500,000 (committed) Utility Accounts: $676,146.49 Lead Reduction: Complete Government $500,000 $2,313,917.44 Services and City $1 - $3M Revenue Retention Replacement Incentive: $1,135,455.50 Actual Admin *$206,591.35 *Admin reported Cost: as incurred Total 2021 Estimated Funding $18 - $38 million Range: City's ARPA Allocation: $18,325,190.00 ARPA Funds Encumbered $18,325,190.00 (includes committed): Total Unencumbered ARPA $0 Funds): Program Status Update: Emergent Priorities Direct Payments to Eligible Adults Status: Complete Amount Funded: $1,184,071 The Johnson County Direct Assistance Program received 2,238 eligible applications from throughout Johnson County. Johnson County funded the first 1,428 applicants and the City of Iowa City funded 791 applicants (472 residing in Iowa City and 319 residing outside Iowa City). Eviction Prevention Status: In Progres Amount Funded: $1,137,710 Amount Expended: $563,493.11 The pandemic created and exacerbated housing instability for many populations. Shelter House developed the Housing Stability Pilot program for ARPA-funded community eviction prevention that will extend and enhance previously allocated federal, state, and local dollars. Shelter House entered an agreement on January 10, 2023. Housing Stability and Eviction Prevention services are now fully staffed. Throughout the ARPA- funded timeframe coordinated entry has responded to 3,457 calls and 338 online portal submissions. Twelve RentWise courses have been hosted with 87 attendees. At the February 17, 2025 Page 3 courthouse 168 help desks have been staffed with 238 unique landlord contacts and 675 FED eviction dismissals have occurred. To date Shelter House held three expungement clinics, one in April 2023, one in October 2023, and one in March 2024 with a total of 61 attendees and 129 records expunged. Overall, 687 unique individuals (320 households) have been served with homeless prevention services. Currently 14 households are enrolled in the landlord risk mitigation program. Forest View Relocation Status: Complete Amount Funded: $1,071,500 As of February 1, 2023, all residents vacated by the deadline and were eligible for relocation assistance. In total, 80 Forest View residents received the full relocation amount of $15,750. The Center for Worker Justice worked directly with residents to assist them in obtaining affordable housing opportunities. Emergency Non -Profit Assistance Status: Amount Funded: $485,000 Amount Expended: $460,656.30 Nonprofit Operating Assistance: Applications for operating assistance were reviewed and $400,000 in funding recommendations were approved by City Council at the October 18, 2022 meeting. Twelve non-profit agencies were awarded funding. All agreements have been finalized. Eleven of the projects have expended all their funds. Of the $400,000 awarded to the twelve non -profits, $15,563.31 remains unexpended. Wage Theft: In coordination with commitments from Johnson County, Coralville, and North Liberty, Iowa City allocated $85,000 over five years to the Center for Worker Justice for an expanded campaign to confront wage theft, promote worker rights, and hire a full-time Wage Theft Organizer. The CWJ Wage Theft program has expended $76,219.61 to date, assisted 93 workers and recovered $86,816.42 in lost wages since May 2022. Program Status Update: Strategic Investments BIPOC Business Support Framework & Infrastructure Status: Amount Funded: $3,980,000 Amount Expended: $2,234,432 In an effort to advance the recommendations in the Inclusive Economic Development Plan, the City launched an APRA-funded inclusive economic development program for underestimated businesses and entrepreneurs located in Iowa City. On March 19, 2024 City Council approved subrecipient agreements with Dream Center ($2.9 million- $100,000 was previously awarded for technical assistance), Multicultural Development Center of Iowa ($600,000), and Wright House of Fashion ($100,000). On April 16, 2024 City Council approved subrecipient agreements with February 17, 2025 Page 4 Dotlizhi LLC ($100,000), Neighborhood Centers of Johnson County ($80,000), and Tailored Tax and Accounting LLC ($100,000). To date, Dream Center has been working on the renovation of their entrepreneurial hub at 611 Southgate Avenue. A total of 60 entrepreneurs are involved with Dream Center's services and they have hosted 11 workshops to date. Wright House of Fashion has held mentoring sessions with 15 entrepreneurs, marketing strategy sessions with 12 entrepreneurs and has 19 students enrolled in the graphic design program. Multicultural Development Center has held 2 business accelerator cohorts, provided business coaching to 52 businesses and 14 businesses have received Technical Assistance grants. Dotlizhi LLC has distributed two grants to small businesses and has held 2 cultural outreach activities. Tailored Tax and Accounting has provided no cost financial services to 16 small businesses, held two business financial planning classes and one financial literacy workshop. Neighborhood Centers of Johnson County has held 1 financial literacy workshop with youth and one black and brown business networking event (Black in Business Swap & Shop). Social Services Capital Funding Program Status: In Progress Amount Funded — Free Medical Clinic: $1 million Amount Expended: $88,357.82 Amount Funded -Neighborhood Centers of Johnson County: $2 million Amount Expended: $1.1 million With Council direction, staff developed a Non -Profit Capacity Building Capital Grant Program and released a Request for Statements of Interest in December 2022. Eight nonprofit agencies submitted a Statement of Interest for consideration under the program. The review committee held informational interviews with a set of applicants in February 2023 and developed preliminary funding recommendations, which were approved at the March 21, 2023 City Council meeting. Next Steps: Two nonprofits, Neighborhood Centers of Johnson County and Iowa City Free Medical Clinic, received preliminary funding recommendations. At Council's December 12, 2023 meeting, they approved an agreement with Iowa City Free Medical Clinic for $1,000,000 to renovate their facility. The planned renovations will increase the number of exam rooms available to an increased number of volunteer practitioners, provide accessibility to the lower level, increase medical storage (including refrigerated medication), create a dental laboratory, create administrative offices, a multi -purpose room, and acquire related medical equipment to serve a growing number of uninsured and underinsured individuals seeking care. The project is underway and to date $88,357.82 has been expended. At Council's May 7, 2024 meeting, they approved an agreement with Neighborhood Centers of Johnson County for $2,000,000 to acquire two buildings in the Towncrest neighborhood for a Family Resource Center and an Early Childhood Center. Neighborhood Centers purchased the Early Childhood Center and Family Resource Center buildings on August 1st. A groundbreaking was held at the Early Childhood Center on September 21, 2024. Interior renovations have begun on the Early Childhood Center. NCJC is working with an attorney on drafting easement access February 17, 2025 Page 5 and no build agreements with neighboring properties. The Early Childhood Center will have five licensed classrooms, for at least 50 early childcare slots, a library, computer lab, a multi -purpose space with a kitchen, and a large after -school classroom. Services at the Family Resource Center are now underway. The Family Resource Center is serving as the hub of a partnership with Johnson County focused on the Community Violence Intervention Program. Affordable Housing Initiatives Status: In Progress Amount Funded: $1,713,909.37 Amount Expended: $1,707,773 On June 18, 2024 City Council approved a purchase agreement for three 3-bedroom townhomes on Herbert Hoover Highway. The townhomes will be managed by the Iowa City Housing Authority and will be rented at 80% of fair market rent. Rental permits have been obtained and the units are anticipated to be leased soon. On October 9, 2024 the City closed on vacant properties located at 1002 & 1006 N Summit St, where future development will allow the construction of up to 36 units of affordable housing. Next Steps: Staff are investigating funding sources for a potential affordable housing development project at 1002 and 1006 N Summit St. Staff are entering agreements for a Phase I Environmental Site Assessment and a Phase I Archaeological survey of the site. Mental Health Services Status: In Progress Amount Funded: $939,082 Amount Expended: $902,533.19 City Council approved a subrecipient agreement with CommUnity at the February 15, 2022 meeting to expand Mobile Crisis Outreach in response to the exacerbated mental health impacts of the pandemic. Three Mobile Crisis Response counselors work full time providing emergency response. The fleet of eight Mobile Crisis Response vehicles has allowed the program to maintain an average response time of 23 minutes within Iowa City responding to a total of 5,623 calls since February 2022. Over the course of the grant funding the program has achieved a 94.62% hospital and jail diversion rate. Workforce Development Status: Progress Amount Funded - Childcare Navigator (4Cs): $100,000 Amount Expended: $ 77,666.72 Amount Funded - Pre -Apprenticeship Program (UI Labor Center): $400,000 Amount Expended: $173,543.78 Amount Funded - Childcare Workforce Development: $750,000 Amount Expended: $500,000.00 February 17, 2025 Page 6 Workforce Development: An agreement with the UI Labor Center for a pre -apprenticeship program targeting underserved populations in the building and construction trades was approved by Council on December 6th, 2022. 14 residents were enrolled in the FY23 cohort. 28 individuals graduated from the FY24 cohort. Forty five percent of the graduates were employed in construction trades and/or apprenticeship programs within one year of graduating. The FY25 cohort will be held February -March 2025 so that they will graduate as the Spring construction hiring begins. There are currently 35 participants signed up. Childcare Workforce Development: In June 2022, 4Cs and the Iowa City Area Business Partnership presented an update on regional childcare efforts and needs to City Council and recommended Council consider funding a childcare navigator position. 4Cs was awarded $100,000 in ARPA funds for the navigator position. 4C's added a consultant focused on recruitment and navigation of the childcare workforce. To date the consultant has worked with 12 individuals interested in starting in -home childcare programs. There are currently 10 starting strong providers (child development homes serving a high percentage of children on Childcare Assistance) supported by the program and 1 registered apprentice. Childcare Wage Enhancement Program: Johnson County, Better Together 2030, and other community partners presented a proposed Childcare Wage Supplement Program at the March 7, 2023 City Council Work Session. Council approved the agreement at the June 6, 2023, providing $750,000 over three years to support the Wage Enhancement Program. To date, the County has authorized payment of $306,526.56 in wage enhancements to six childcare centers in Iowa City. In August 2024 the agreement was amended to include $25,000 per year (of the original allocation) to assist in funding an Employer Engagement Program Manager. The Employer Engagement Program Manager- Michael Chen will be housed at Greater Iowa City Inc. and will be funded by Johnson County, the City, and Greater Iowa City Inc. The purpose of the Employer Engagement Program Manager is to secure ongoing funding commitments from local businesses to allow the Childcare Wage Enhancement Program to continue after the ARPA funding has been exhausted. Climate Resilience and Hazard Assessment Planning Status: No Longer Planned Staff will continue to utilize Emergency Levy fund balance and General Fund dollars to meet our Climate Action goals. Supplemental ARPA expenditures are no longer planned. Next Steps: None. Small Business, Arts & Culture, and Tourism Investments Status: Amount Funded: $750,000 Amount Expended: $225,983.14 At the June 6, 2022 City Council meeting, Council approved an agreement with Think Iowa City to replace $125,000 in lost hotel/motel tax revenue due to COVID-19 and to develop and February 17, 2025 Page 7 administer a $125,000 tourism and visitor recovery grant program to spur tourism and economic activity in the Iowa City area. Of the $125,000 available through the grant program, Think Iowa City has awarded nine projects to date: ■ $7,500 to the Iowa Golden Gloves to host the 2023 Iowa Golden Gloves Championships boxing tournament in Iowa City, organized by the ICOR Boxing Club. ■ $15,000 to the Refocus Film Festival hosted by FilmScene in Iowa City in 2022 and 2023. ■ $30,000 to the Iowa City Downtown District to host the Winter Night Lights light display and winter programming in downtown Iowa City for 2023. • $5,000 to EntreFEST to host a two-day entrepreneurship and innovation conference in downtown Iowa City in June 2023. ■ $5,000 to The Black Voice Project to host the 2023 Juneteenth celebration downtown. ■ $5,000 to the Core4 cycling event that incorporates four fundamental surface types: gravel, b-roads, singletrack, and pavement. With 850 participants, plus spectators and support staff, the event brought over 1,200 people to Iowa City the weekend of August 19, 2023. • $5,000 to the Los Trompos temporary art exhibit downtown. ■ $10,000 to the Empowerment Symposium: Inspiring Black and Brown Professionals to Lead held September 19-20, 2024. • $10,000 to the African Festival of Arts and Culture held September 28, 2024. Think Iowa City continues to accept applications on a rolling basis. At the June 4, 2024 City Council meeting, Council approved Self -Supported Municipal District (SSMID) grants in the amount of $250,000 each for the two SSMIDs (South of 6 and Iowa City Downtown District). These grants provide flexible support to allow the SSMIDs to meet their organizational needs. The Iowa City Downtown District has begun utilizing funds for design of the Graduate Walkway lighting project and glass repair. South of 6 recently hired a new executive director, Maurice Davis, and is gathering quotes for projects to be undertaken this summer. Next Steps: Staff intends to supplement the Skate Park Renovation Project in the CIP with a $500,000 award to ensure that project can be carried out in a manner that provides maximum value to the community. Once complete, the facility will be a regional tourism draw and a premiere community recreational amenity along the Iowa River. Public input has been gathered on the Skate Park design. Staff have been notified that a 250,000 Federal Land and Water Conservation Fund grant will also be able to be utilized for this project and are awaiting review of the grant and a release of funds from the National Park Service before the project can be bid. Construction is anticipated for late 2025. Government Services and Revenue Replacement Status: n Progress Amount Expended: $2,518,193.34 Utility Assistance Program Council approved the resolution authorizing Utility Billing Revenue Replacement at their September 6, 2022 meeting, bringing utility accounts current as of June 1, 2022 and resuming February 17, 2025 Page 8 regular collection procedures. The total cost for Utility Billing Revenue Replacement was $676,146.49. Administrative Expenses Administrative expenses attributed to ARPA are paid through the interest derived from the City's receipt of ARPA funds. Total administrative costs incurred to date is $206,591.35 Lead Reduction Council approved the resolution authorizing $500,000 for a City administered program to assist property owners with replacement of their lead water service lines at their November 6, 2023 meeting. This program will help qualifying property owners avoid unplanned, costly repairs and can be successfully launched without placing the burden on utility customers. The program has enabled 21 households to replace their lead or lead contaminated service lines to date, provided 64 NSF 53 certified pitcher filters with 1,536 filter replacements and completed one verification dig. The related insurance program has had more than 2,000 sign ups with about 12 claims serviced. Workforce Retention Incentive Council approved the resolution authorizing $1,135,455.50 for worker retention incentive bonuses to employees in the American Federation of State, County and Municipal Employees and Administrative, Confidential and Executive employee groups on December 12, 2023. The incentive is in response to an increase in turnover rates and a shrinking applicant pool for many critical positions. 515 employees received the bonus in December 2023. Item Number: IP3. CITY OF IOWA CITY COUNCIL ACTION REPORT February 20, 2025 Board of Appeals: February 7 Attachments: Board of Appeals: February 7 DRAFT MINUTES IOWA CITY BOARD OF APPEALS FEBRUARY 7, 2025 — 8:OOAM EMMA J HARVAT HALL, CITYHALL 410 E. WASHINGTON STREET IOWA CITY, IA 52240 MEMBERS PRESENT: Andrew Martin,Thomas McInerney, GT Karr I►�il�►�il 3�:��_1 �9�►��G1TI'i�17i�'i1�i1 STAFF PRESENT: Sue Dulek, Stan Laverman (Sr. Housing Inspector), Tim Hennes (Sr. Building Inspector), Troy Roth (Fire Marshal) OTHERS PRESENT: Eric Schmitt RECOMMENDATIONS TO COUNCIL: By a vote of 3-0 the Board recommends to Council the adoption of the 2024 Building Codes as amended. By a vote of 3-0 the Board recommends to Council the adoption of the 2024 Fire Codes as amended. CALL TO ORDER: The meeting was called to order at 8:OOAM. CONSIDERATION OF MINUTES: January 15, 2025 Board of Appeals minutes MOTION: McInerney moved to approve the minutes from the January 15, 2025 Board of Appeals meeting. Seconded by Karr. VOTE: Motion passed 3-0 HEAR VARIANCE REQUEST FOR A HOUSING CODE PROVISION: (3042 Muscatine Ave. and 913 Willow St.) Eric Schmitt (Midstates Development) doing business as Autumn Park has these two properties and are requesting variance requests from 17-5-18P regarding a deadbolt. Schmitt stated Midstate recently, within the last three years, did install new doors which are currently within HUD regulations and they did attach a copy of those regulations and the INSPIRE (National Standards for Physical Inspection of Real Estate). He stated adding deadbolts would damage the doors under the HUD standards, which would potentially require replacement of all 64 doors and be a significant expense. The property is already secured as there are locks to get into the main property and of course the regular lock to get into each dwelling unit. To add deadbolts, if they could even do that and stay within HUD standards, the cheapest quote they were able to get stated the cost would be $16,000 to update all 64 units. Schmitt stated they are requesting a variance due to the difficulty and expensive hardship and that the units are already secured from the outside. They feel it's within the spirit of the code for variance to be granted. Martin noted they had just replaced the doors recently, within three years. Schmitt confirmed that yes within the last three years all 64 doors were put in and they're all fire rated per the HUD standards. Board of Appeals February 7, 2025 Page 2 of 6 Martin asked if this is a new item in the code for 2024, that each door has to have a deadbolt. Hennes replied it is a housing code violation. Karr asked about damaging the door by adding a hole to the door. Schmitt explained that because these are all rent controlled units, it's not feasible to raise rent to recover this significant expense of replacing all these doors and to install a deadbolt to the existing doors would void the warranty for the fire code doors that are HUD approved. Hennes noted they have seen situations like this before and if it's a rated door the company that's rating it will allow alterations with approval from them. Hennes asked if the $16,000 just for adding locks or replacement of all the doors. Schmitt stated that was the contractor quote for adding locks and didn't include certifying the doors remain fire rated. The quote for $64,000 was for replacing all the doors. Laverman stated the housing code was changed in 2018 and this was part of a broader look at some code issues. In Iowa City they get a lot of requests to make secured buildings, and that's one of the things that they have resisted because they've seen issues with secured buildings and the main door being locked, it's a pain for delivery drivers and such. So the City's response was to put that level of security at the unit door and they've found that it's been pretty successful. With those doors being replaced in the last three years, Laverman appreciated Midstate looking up the HUD regulations to know what they needed, however this should have also had a building permit, and at that time City staff would have been happy to share what the requirement was. He noted they are also getting complaints from residents of the property who feel that they're getting broken into. Laverman acknowledged the intent of the code change was to provide security at that unit level but over the last few years this building has changed, as well as the clientele who are living there, previously this was a 55 and older building and it's no longer 55 and older, so there is an ask by residents of the building to have greater security. Karr asked if there is a record of the number of tenants that have asked for that or have there been police reports documented. Laverman stated police calls are all over the place, they can be medical calls and all other things. He showed a picture of the front door with the trespass notices noting that's also them trying to be accountable and to keep only registered tenants in there, but that's also a sign that maybe they need to move to that level of security to the doors. Laverman explained the city of Iowa City rental inspections issues the rental permit and is the governing body but they also have HUD Department officials that are going to do inspections on this and that is a separate inspector from HUD. Karr asked who has the ultimate jurisdiction if there is a conflict as far as inspections. Laverman stated they to be in compliance with the Iowa City housing code. Hennes noted HUD standards do not prohibit deadbolts, they do not require them, but they do not prohibit. Laverman stated the Inspire standard is new and certain states have modified codes to require deadbolts but at a federal level it is not required. Martin asked about the four criteria that have to be met for variances and if they have to meet all four or just any one of the four. Dulek replied all four. McInerney stated the four criteria are (1) that there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order, (2) due to the arbitrary particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case, (3) an extension would not constitute an appropriate remedy for the practical difficulties or unnecessary hardships in its arbitrary effect and, (4) such variances in harmony with the general purpose intent of this chapter in securing the public's health, safety and general welfare. Board of Appeals February 7, 2025 Page 3 of 6 McInerney noted criteria one stated it might be a practical difficulty but not unnecessary, he also highlighted arbitrary and stated number four talks about safety and there's a factor that a deadbolt is safety and synonymous with a with a secure door. Martin understands there's a practical difficulty and it's not an insignificant amount of money to meet this but are there particular circumstances here where this would be arbitrary, it seems like it's kind of an across the board thing in general. McInerney stated it's been presented as a claim that there's been issues in that location and neighborhood. Martin agreed it understandable having 64 or 32 people in a building that is not a totally secure. McInerney is struggling to see how this variance is arbitrary to safety, and it's an enhancement to the code that is a local jurisdiction. He also noted it's been in the code for six years. Karr doesn't think they can meet all four of criteria, number one as a landlord he would want the deadbolt there and wouldn't want a variance to have the liability issue if something bad happens, he would want to know that they at least tried everything. He noted it's also a reality of this is why codes are complicated and why building permits are needed, to find out what is needed before the work is done. From a practical manner he has a hard time justifying that all four of these are met. Karr stated regarding voiding the fire rating they could contact the door manufacturer and might get a pass on that and not have to go the $64,000 door replacement route. Bottom line is all four of these criteria are not met, safety trumps all of this and that's why there is a code. MOTION: McInerney moved to deny a variance for this specific case. Seconded by Karr. VOTE: 3-0 DISCUSSION AND POSSIBLE RECOMMENDATION TO COUNCIL REGARDING THE ADOPTION OF THE 2024 INTERNATIONAL BUILDING AND FIRE CODES: Hennes presented that every three years the code goes through a new cycle and they are to that point where they're looking at the 2024 Edition of the Building Code. Hennes prepared a memo in the agenda packet identifying some of the main points which he will review. The first one is R302.5.1 which is a requirement for the house to garage door be self -closing, the change is that they have eliminated that requirement as it has led to a lot of callbacks, and this change doesn't require them to not do it, they can still do it. R302.13 is a requirement that ceilings in homes with unfinished basements must be drywalled. This amendment allows an unfinished basement without a drywalled ceiling. R321.2 maintains a requirement to install guards on windows. This standard has been in the code for several cycles and requires guards on windows for fall protection when certain criteria is met. Previously we amended this out of the code but know that window manufactures have had time to adjust to the regulation and are manufacturing windows with opening limit devices the standard is being maintained. R309 is the requirement to delete fire sprinkling systems in the International Residential Code. Hennes explained that some jurisdictions do require that over a certain number of townhouses units. This amendment eliminates the requirement to install a fire sprinkling system in one and two-family dwellings and townhouse units. Board of Appeals February 7, 2025 Page 4 of 6 R310.4 is the requirement interconnect smoke detectors when remodeling a home. Previously this requirement was eliminated when the work did not include removing the ceiling. Detectors are now manufactured allowing detectors to communicate with wireless connections so the requirement for detectors to be interconnected is being maintained. R320.3 is the requirement for universal design standards that was put in back in the early 2000s and there were eight items. Item number eight, which required an outlet for garage door openers was removed as they haven't seen a house built yet that does not have an outlet for a garage door opener, but the other seven standards remain. R328 is regarding swimming pool and spas. The City regulates swimming pool and spas through the National Electrical Code and the zoning code, so it's not necessary to have additional regulations. Hennes moved onto Chapter Nine and noted that chapter is where the building code and the fire code sync up. Amendments to chapter nine in the Building Code are to maintain consistency with the International Fire Code. There are two new amendments added to help protect the public water supply and will be explained when the Fire Marshal Troy Roth presents the updates to the 2024 International Fire Code. Hennes next moved on to the adoption of the appendices, the first is to adopt a radon control method, which requires the a passive radon mitigation system be installed at time of construction in new homes. This requirement is consistent with other jurisdictions in eastern Iowa. McInerney noted when he had his house built it was under this code and then he found out that he had 16 times the radon levels that was permitted still in his house and had to add the fan to get it gone. Hennes confirmed that's exactly why they wanted it adopted, it's less expensive to do it at the time of the build. Karr had two quick questions regarding the window requirement, one is how is it going to be enforced when it's a window retrofit and it's not necessarily being inspected. Hennes said that would be address in the next item, appendix BO, which is existing buildings and structures and that does talk about egress windows. Karr noted it also pertains to the fire and smoke and they don't always require building permits so there's nothing that would trigger that interaction. How do they get everybody to meet the code if they're not inspected. Hennes acknowledged that's a good point and that they don't have a mechanism to enforce the standard if a permit is not required. He did note however that contractors are good about calling and asking about requirements for egress. By adopting appendix BO, the existing building does allow leniency when replacing existing windows. Karr's other question was on R310.4, interconnection of smoke detectors when a work is done that does not require a permit. Hennes stated again they would only be able to enforce that when a building permit is required. Hennes moved on to the adoption of Appendix K of the International Building Code to allow jurisdictions to implement and enforce the National Electrical Code and using administrative provisions that are consistent with the International Building Code. He went on to explain the existing building code was adopted by reference. The energy code is a state mandate, and they currently adopt the 2012 International Energy Conservation Code. The Building Code is amended to reference the state of Iowa accessibility requirements which allow designers to design to federal state, which they are obligated to anyway. This eliminates any Board of Appeals February 7, 2025 Page 5 of 6 complications a local accessibility standard might require. The plumbing, mechanical and electrical chapters are amended to reference the State of Iowa plumbing, mechanical and electrical codes with an amendment adopting administrative provisions. MOTION: Karr moved to recommend to Council the adoption of the 2024 Building Codes as amended. Seconded by McInerney. VOTE: 3-0 Roth stated that the fire code is updated every three years and its Iowa City's desire to keep the fire code and the building code on the same version. Chapter nine of the building code is almost identical to chapter 9 of the fire code so if they don't keep them on the same version, it could cause differing rules. Roth noted the 2024 fire code changes are minimal, and he would just highlight some of the things that stood out to him. First, the scooters and micro mobility devices are prolific in town and obviously, Iowa City supports those less engines running more electrical but to date it was never addressed in the fire code so this new section regulates the use and re -charging of micromobility devices in apartment complexes and businesses. 903,3.1.2 is a modification to the NFPA 13R in that apartment complexes that are four stories tall or less are allowed to have the residential version of the sprinkler system which is much less cost than the full version of the sprinkler system. This modification also deletes the height requirement for sprinklers and just go with the new stories' requirement. Roth stated long ago schools weren't sprinklered and they required a standpipe on stages with a hose because of the extreme flammability of the large curtain. 905.3.4 deletes that because schools now have to be sprinklered. 903.3.5 is one of items Hennes discussed, it is a local amendment that all sprinkler systems have back flow prevention. Roth explained when the fire truck comes up and hooks to the building, the pressure that they put into the building will overpower the municipal system so to prevent PFAS and bad particles from the fire truck from going backwards into the potable system, they all have backflow prevention. Additionally, the Water Department is concerned that there could be hidden leaks in the sprinkler system and sprinkled water is not metered. This then puts a back flow preventer that allows a meter to be put in and doesn't restrict the flow of the fire water. The City has no intention of charging for fire water, this is just to help detect systems that have a chronic leak that's hidden. Roth reviewed 913.6 noting it was another item Hennes already discussed, Roth explained they have some large manufacturing plants that have their underground loop after the fire pump, so they have the ability of 3500 plus gallons per minute, and if that that fire line breaks underground there's no back pressure. If one sprinkler head went off, it would be minimal, but if the fire line underground breaks there is the possibility of 3700 gallon a minute which instantly takes the City's system down and then they'd be under a boil order. The NFPA does allow certain devices that will make certain that these large facilities can't pull the municipal system too low and cause harm to the municipal system. This is a community risk reduction effort and the City is getting pressure from the DNR to take steps to better protect the potable system. Roth explained Appendix O is a new appendix and interesting, it's catching up to what's happening all over the US already. With valet trash service they have to have an approved container so this addition allows renters to place a small trash can in the hallway for up to six hours. The cans are emptied and then the empty cans can only remain in the hallways for 12 hours. The fire department, Board of Appeals February 7, 2025 Page 6 of 6 in discussions with the building department and housing department, decided that they're going to try it and allow appendix O into the fire code. McInerney had a question, Section 307.1.2 states hours of operation for outdoor burning allowed by this code is permitted between the hours of 7am and 11 pm, is that just fire pits. Roth confirmed it is just the fire pits, burning of leaves, burning of grass, burning of wood, or waste of any kind is prohibited. The City does support prairie grass burning but they need to come to him and get a permit for that. Hennes noted Roth brings up two good examples of why he thinks it's important that they update the code every three years. He remembers going to code update classes or seminars on the power micro mobility devices and in bigger cities where people are relying on the E bikes and everything they're putting up racks now for all their batteries in mechanical rooms and this is gives the City the opportunity to think about how they should deal with that. The other one is the valet trash, that is an example of society moving forward and the code being three years behind. Both are examples of how the code adapts to society. Martin does question if the micro mobility devices is for commercial buildings or residential as well. Roth explained the fire code is only for commercial buildings, and everything else residential the fire code only applies to the exterior wall and can dictate the water supply. MOTION: McInerney moved to recommend to Council the adoption of the 2024 Fire Codes as amended. Seconded by Karr. VOTE: 3-0 ADJOURNMENT: MOTION: Karr moved to adjourn meeting. Seconded by McInerney. VOTE: Motion passed 3-0. Meeting adjourned at 8:45am. Chairperson, Board of Appeals Date BOARD OF APPEALS ATTENDANCE RECORD 2025 1/15 2/7 French, Andrea O/E O/E Martin, Andrew X X McInerney, Thomas X X Karr, GT X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member