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HomeMy WebLinkAbout2009-10-20 Bd Comm minutes4b 1 MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 - 6:30 PM LOBBY CONFERENCE ROOM, CITY HALL APPROVED Members Present: Stephen Crane, Charlie Drum, Holly Jane Hart, Rebecca McMurray, Michael Shaw Members Absent: Andy Douglas, Marcy DeFrance, Brian Richman, Michael McKay Staff Present: Steve Long Others Present: Rajesh Tripathi, Vijay Bhatt, Libris Fidelis RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): None. CALL TO ORDER: The meeting was called to order by Charlie Drum, Vice-Chair, at 6:39 p.m. APPROVAL OF THE APRIL 16T" AND MAY 4T", 2009 MEETING MINUTES: Crane motioned to approve both sets of minutes. Shaw seconded. The minutes were approved on a 5-0 vote (Douglas, DeFrance, Richman and McKay absent). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Libris Fidelis, Iowa City, commented that he understands what the State has said regarding its inability to fund Shelter House since it is already being funded by a number of other tax-payer funded sources. However, he said, it seems to him that the City, the County, and the State should be able to get together in some way and really help Shelter House get their project off of the ground. Fidelis said that as soon as Shelter House receives money from one source, things come up that take that money away from them. Fidelis noted that some of the money is dedicated to be spent only on certain items and cannot be used for just anything. Fidelis said that Shelter House currently has a capacity of 33 people. He noted that some area churches help out with overflow. Fidelis said an official survey from two years ago estimated the number of homeless in Johnson County at 2,400. He said that he himself was homeless for six years. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 2 of 12 He said that estimates of the homeless population are always three times the official amount when done by homeless advocacy groups because those groups know how to look for and find the homeless, whereas government agencies do not. Fidelis said that moving from 33 beds to 70 beds is not a large increase. He noted that in Las Vegas, Catholic Charities alone has a capacity for 2,200 beds. Fidelis said that if Johnson County really has 2,400 homeless then the issue is not really even being addressed with 70 beds. Fidelis said the City needs to take the lead and be a cheerleader to get the government at the federal, state, and county levels to support Shelter House, because it really serves the whole community. He said that if Shelter House is having to "tear its hair out" just to get the necessary funding, then that is wrong, and society needs to take a good look at this issue. STAFF/COMMISSION COMMENT: Long said that flood recovery work is continuing; he said much work is being done on the buy- out program and housing repair. He said grants are still being submitted to state and federal programs, and by the end of July there will be about $100 million in grant requests out. Shelter House is submitting a grant application to I-Jobs this week to help complete the new shelter, Long said. Crane asked when the buy-out will be completed. Long replied that the City has three years to complete the process. He said that nine homes have been purchased to date and that there are two more scheduled to be acquired in the next week. He said there is a duplication of benefits process administered by FEMA that causes a delay in acquisition. Long said there are also some people who are appealing the City's offer, which takes time to resolve. Long said that the hope is to have 30 of the 40 homes purchased by the end of summer, and that they must be demolished within 90 days of purchase. Long said demolitions will begin in September. Drum asked what happened with the people who choose to stay in their homes. Long said that the program is 100% voluntary and that no buildings will be condemned. Crane asked how the value was determined for the properties. Long said the City made an offer for the homes at 112% of their pre-flood assessed value. Long said that people who are not satisfied with that price can get an appraisal, and that there is a third-party appeal process. DISCUSSION OF DOLPHIN LAKE POINT ENCLAVE'S REQUEST TO REALLOCATE FY09 AND FY10 HOME FUNDS: Long explained that he had received a letter from Tripathi and Bhatti requesting a reallocation of their awarded HOME funds. Long said that in FY09 $68,000 was allocated to the project to assist eight homeowners with downpayment assistance. For FY10, the Commission allocated $120,000 to assist 12 homeowners with downpayment assistance. Long said he thought that Tripathi and Bhatti were going to explain why that project may no longer be feasible. Long said he had asked them to submit an application regarding the changes they wished to make, and that they had done so. Tripathi explained that when the Dolphin project started it was more of a condo conversion project. He said that there are approximately 400 units in the project and that the idea was to convert the units into townhomes and offer them for sale. Tripathi said that two buildings were converted to condos, one of which has received its occupancy permit from the City and one of HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 3 of 12 which is still in process. Tripathi said that due to uncontrollable economic conditions, the condo loans did not come through for those that applied for them. Tripathi said that their request is to take the funds that were dedicated for downpayment assistance and instead use them to remodel the vacant townhome building. Tripathi said that the plan is to convert the units into furnished apartments. Tripathi said that buildings 16 and 18 are finished and have the previous floor plan. Building 12 is vacated, and that is the building they would like to remodel and make a rental with the allocated funds. The goal would be to make it affordable, Tripathi said. He said the units would not be remodeled with as much detail as the previously remodeled units. McMurray asked if she was understanding correctly that they wanted to use the funds for renovations for rental units, not downpayment assistance. Tripathi said that was correct. He said that the originally renovated buildings (16 and 18) are also rental units now because the home loans did not come through for the prospective buyers. McMurray asked if it was correct that none of the properties are homeownership now. Tripathi said that was correct. Crane asked what the vacancy rate for the whole complex is right now. Tripathi said that the vacancy is at about 40%, with 60% of the units being occupied. Crane asked if that was because of the renovations. Tripathi said that it was. Crane asked if the pro forma was based on current rental income. Tripathi said it was a guideline. Long explained that if the HOME funds were used the rents charged could not exceed the Fair Market Rent (FMR) set by the Department of Housing and Urban Development (HUD). Long said this would be something like $645 per month for a two bedroom apartment. Long further explained that if HOME funds were used 90% of the units would have to be assisting household below 60% of the median income and 20% of the units would have to assist those below 50% of the median income. Crane asked if the rental income for the whole complex had been analyzed to see how it cash flows at those rents. Long said that the 16 unit building they are asking to renovate with HOME funds is being treated by the City like it is a separate unit, apart from the larger project. Thirteen of those units would be partially assisted by HOME funds. McMurray said that the application was not making sense to her because it listed 22 households, but only 14 units. She did not understand the discrepancy. Bhatti said that with some of the households there will be atwo-member family household. Bhatti said that sometimes one household member will not make enough to make the guidelines so two households are needed. McMurray and Shaw said it sounded like the 22 represents the number of people, not households. Bhatti said that the way he figured it, there would be two actual households per apartment because one household might not make enough. McMurray asked if he meant that a family of three and a family of four would be living in the same apartment. Bhatti said that is what he meant. Crane said he believed there should be one head of household for every unit. Bhatti said he based the numbers on income. Drum and Long expressed confusion over these numbers. McMurray asked what the renovations for Building 12 would include since Tripathi had said that they would not be as extensive as those done on 16 and 18. Tripathi said that basically everything would be new, but that they would not spend as much on amenities like granite countertops and stainless steel appliances, as they had with the previous two buildings. Crane said he was confused about the fact that there was no ownership at all in the project because he had been under the impression that some of the units had already been sold. Tripathi said that the initial plan had been to make the units available for affordable homeownership. He said that banks handle condos differently than they do single family home HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 4 of 12 loans. He said banking requirements are much more stringent that they were two years ago when the project began and as a result the applicants for the loans were being turned down. Crane asked if no loans were approved at all. Tripathi said that none of the loans were approved, and Bhatti added that it was not just the banks but also the PMI that was making the applicants ineligible. Crane said that when he had supported the project it was in part because there were so many pending contracts and he had been a big supporter of the downpayment assistance. Drum said he felt the same way. Bhatti said that they are helpless to make a program work that the market does not support. Tripathi said that even with the City's assistance, the applicants were unable to secure loans. Long asked if this was in part because the loans had to be in-house; condo loans are not typically sold on the secondary market. Tripathi said that there have been a lot more bad loans on condos in the past than for other housing types and that was part of the reason banks were so stringent in giving out these loans. Drum said that this was why the downpayment assistance was such a big deal, because it was meant to help people get over that hurdle. Crane said he agreed. Drum said that he guessed he had misunderstood when going through the most recent allocations process. He said he had thought there were units already sold. Tripathi said there were more people who had shown interest than had actually qualified. McMurray asked Tripathi about the statement in the application that said that if partial funds are awarded the project could not continue. Tripathi said that the renovations would not continue. Drum asked what would be done with it, since things have already been torn out. Tripathi said that the units were vacated, but that the structure had not been gutted. He said they would just do cosmetic fixes. Crane asked what the long-term plan for the project was. He said that he assumed that with that high of a vacancy the project was not cash flowing. Tripathi said that it was cash flowing even with that high of a vacancy. Crane asked what the long term plans for condo ownership were. He asked if they were waiting to see how the economy looked. Tripathi said that they just wanted to move forward one building at a time for now. Tripathis said that Building 12 is all vacated and if the HOME funds were available for renovations then they would like to leverage the funds to do better renovations than they would without the funds. Long asked if Building 10 was vacant as well. Tripathi said that there was about 60% vacancy in that building. Shaw asked if all of the vacancies were in the four buildings facing the highway and Tripathi said they were. Shaw asked what the occupancy rate was on the buildings that are not vacant. Tripathi said that the occupancy was all spread around. Shaw said initially Dolphin had said that people would not be asked to leave to make room for tenants who could better afford the new units, and wondered if that was still the case. Bhatti said that they did not ask anyone to leave unless there was a problem. He said that a background check is done on new tenants and people who do not pass the check are not accepted. He said they are strictly enforcing noise and criminality rules by taking action if warnings are not heeded. Tripathi said that most people who leave, vacate because of non-payment of rent or violation of policies. Tripathi said there is a security company who monitors the building and issues tickets for violations. Shaw asked if there was an on-site manager. Tripathis said that there is an on-site manager named Maz Beig. Long pointed out that Tripathi and Batthi live there as well. Crane said that his opinion is that he was behind the project more for the downpayment assistance and that he is not as supportive in using the funds for a remodel of afor-profit purpose. McMurray asked if it was an option to use the funds for rental assistance. Long said HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 5 of 12 that this would have to be Tenant Based Rent Assistance (TBRA) and that it could not target a specific project, but would have to be available for any unit in the city. Shaw said that when he received the request or a reallocation he had thought it would be for a rental assistance model rather than a remodel. Drum said that his trouble with this project was that the allocation process is a competitive process and that this project was measured against others for certain criteria. Drum said that ownership was a big part of why this project was selected for funding. He said that to switch the project now was troubling to him. McMurray said that this was the only homeownership project in the FY10 application pool. Crane said the price-point of the condos made it so that it would really have served quite a few people. Bhatti said that work speaks more than words, and that if the Commission could see all the work they've done in getting more law enforcement in the area and hiring a security company and how the statistics have changed for the area, they would consider the reallocation. Shaw asked how many bedrooms are in each of the units. Tripathi said that they are all either one or two bedroom units and that they are the same square footage. After some discussions it was determined that 12, 14, 16, and 18 are all vacated, with 10 being at 40% occupancy. The townhomes, whether one or two bedrooms since the square footage is the same, will be rented for $799. The rent for the other units would be $599. Drum said he is still troubled by what he views as a stewardship issue, since the process was competitive and the terms are now attempting to be changed. Drum asked if there were any other instances in which projects have completely switched gears and used funds for something entirely different than that for which they were allocated. He said he did have compassion for the fact that the economy had entirely changed and that what once seemed like a good idea now was implausible. Long said that there has not been a similar case, but people have come back asking for more money. He said that what Dolphin is asking to do is entirely allowable, but that it would just have to follow the appropriate procedures. Long said that with HOME funds, a project has two years to commit the money and five years to spend it. Long said that Dolphin could continue with the homeownership project and keep the funds for another year. Long said that so long as some agreement is signed between Dolphin and the City within the next ten months, then Dolphin would have three more years to spend the FY09 allocation. Long said that another option is for Dolphin to return the money to the pool of funds and to reallocate it in January. McMurray asked if Dolphin was at all interested in holding out to see if homeownership would be a possibility sometime in the next three years. Tripathi said it was difficult to see into the future, but that they are going to have to start making payments on what they paid out to renovate the previous two buildings, and need to create revenue in some way. Tripathi said it was difficult to say whether homeownership would come back on the table at some point. Shaw asked if similar issues had come up with projects that Dolphin had completed in Chicago recently. Tripathi said they had not as the project had actually been someone else's and Dolphin had merely purchased condos in it. Bhatti said that bank loans are strict nowadays. Bhatti said that potential homebuyers are fighting against the threat of unemployment, PMI, and the banks to get home loans. Tripathi said banks are much more stringent than they were a year and a half ago. Shaw asked for details on Building 14. Tripathi said that there are 1, 2, and 3 bedroom units in there. Shaw asked what the. rents on those units are. Tripathi said that they were not rented, but were just models. Shaw asked about Building 12. He asked what the rents would be on Building 12 if they were able to renovate that. Tripathis said it would be somewhere between HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 6 of 12 $400-500. He said if the HOME funds were used they would have to follow the FMR's. Shaw pointed out that if they were allowed to use the funds to renovate, they would be maintaining affordable housing in the community. Crane said that he agreed that financing has become more difficult in the last year. He said that is why he asked Arvind Thakore this spring during the funding process specifically about financing. Crane said that Thakore had indicated that there were contracts for the majority of the units and that funding would be approved within 30-60 days. Bhatti said that the problem is that the requirements of banks change on a weekly basis. Tripathi said that it used to be that the requirements were set, but once the banking industry got in trouble, then the requirements all changed, making it harder for those who could not put 20% down. Crane said he understood this, as he is in banking, however, Thakore had alluded to him that there were banks allowing 10% down. Tripathi said Thakore had tried to work with different banks, but that when it came time to actually funding the purchases the promises were no longer there. Crane asked if there were no contracts that had gotten approved. Tripathi said that pretty much all of the contracts had been denied. Bhatti said that some of the applicants were eligible, but that the banks that were willing to fund them were not willing to put all of their eggs in one basket. For example, if an applicant was being funded by a certain bank, that bank would not want to fund more than a couple of units in the same complex. Crane asked if Dolphin had had the opportunity to do two to four units as homeownership but passed on it and decided to do rental units. Tripathi said there may have been a possibility of funding two or four units, but that once you start selling units you must sell out the whole building. Tripathi said to sell two units and wait for fourteen more to be sold was not possible because revenue was needed to pay off the banks that had financed the whole building. Tripathis said once construction is finished, the bank needed repayment. Drum outlined the options available if the request was denied. Drum said that Dolphin could keep the money and wait to see if the homeownership aspect panned out over the next ten months, or if they decided they did not want to do homeownership at all then they could return the funds to be reallocated and apply for funds the next year. Long said it would be nice to have an idea before January if Dolphin was planning on returning the FY09 funds for reallocation. He pointed out that the FY10 allocation was something Dolphin had two more years to get a contract signed on, and five years to spend. Shaw asked if the application was denied if it was the case that the options were for Dolphin to accept the funds and do homeownership or lose the funds. Long said that it was up to the Commission if they wanted to deny the request, but that essentially, yes, that would be the choice Dolphin faced if the request was denied. McMurray asked if it was possible to allow some of the funds for renovation but require some to be reserved for downpayment assistance. Long said that could be difficult. Bhatti said that there is no crystal ball for any of the banks that will allow them to say it is okay to proceed with homeownership. Bhatti said there is much more money at stake than what they are asking the Commission for, and that they are very, very serious about the project. Drum said that his concern is not with the quality of the project or the commitment Vhatti and Tripathi have for it, rather it is a stewardship issue. Drum said that the funds were allocated in a competitive process for a specific purpose and that he is having trouble with the idea of setting a precedent that says the basic concept and principle of a project can be changed after the money is awarded. Drum said there is no doubt the reasons given are compelling, but that he cannot support the change. Shaw said that this year more money was allocated to Dolphin because of the Commission's impression of the project's effectiveness. Shaw said the Commission had the opportunity to distribute that money to someone else, but chose to give more than the previous HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 7 of 12 year's allocation to Dolphin almost as a kind of reward. Drum said that he definitely had believed that some of the units had already been sold. Tripathi said that they had already done their part, which was to renovate the building. However, they cannot do homeownership if the banks and the applicants do not exist to fund that program. Crane said his support of the project this year had been increased because of his belief that viable contracts were in place. He said if there had been no contracts in place he might have supported a portion of the funding, but definitely not the full amount. Shaw said that one thing to keep in mind is the history of the Lakeside Apartments as a rental property. He said that if the rental properties in Building 12 are done to improve the quality of the units, then that is something that feels like a good thing to him. He said there's a part of him that asks if the value of that renovation is such to the residents that live there to make the proposition one that the Commission should consider. Shaw said that people who live in those apartments deserve to have high quality units. Drum said he agreed with that idea, but he thought it was a question of the process by which one gets there. Shaw said his understanding was that the project has been able to cash flow with 60% occupancy. Tripathi said that without the funding the renovations would continue, but at a slower pace. He said that once Buildings 16 and 18 are occupied there will be a lot more cash flow, and they will do Building 12 on their own. Shaw said that doing what needs to be done to allow the present owners to remain involved in the property would likely have a stabilizing effect on the property, which has seen great turnover in management. Shaw said it would also be good in terms allowing for mixed incomes in the project. He said that the other reality is the charge of the Commission which involves increasing affordable housing and rental units in the city. Shaw said that the potential is there to lose more and more affordable housing if the City does not insert itself into the situation. Shaw said that in order to keep the site in private hands and continue to develop the site in the long-term, the owners are going to have to be able to raise the rents. He said it was a very complicated endeavor. McMurray asked if he was saying that one argument for allowing the requested change was that it would maintain affordable rental units in the city. Shaw said that the City is removing itself from the process if it tells Dolphin they have to stick with the original project and they are unable to do so. Drum asked if these two allocations were the only ones awarded to Dolphin, and Long replied that they were. Hart asked if the proposition was an all or nothing one. She said she was thinking of the fact that Commissioners set their award amounts based on the fact that it was a homeownership project. She wondered if it was possible to say that they could go forward with a lesser amount. Long said preferably the Commission would split it by year, but that it could be done. Drum said he would rather the money come back for reallocation so that the new application could be fairly measured against everyone else's. Crane said he felt that was the fairest way to do it. Drum said he had really liked this project from the beginning and that it is very disappointing that it has ended in this way due to the economy. Tripathi said that the units are still available to buy, but that they cannot wait too long. Tripathi said they are furnishing the new units in an attempt to create new revenue from the same units and do the next building. He said there is a limited number of ways to add value to units. He said that there have been a number of inquiries for the furnished units from people affiliated with the University and the hospital who are here for 6- 8months. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 8 of 12 Shaw asked if denying the request is a more passive approach. He wondered if there was a third approach, which would be to say that the project is not going as it was intended and pull the money back into the pool. Long said that because Dolphin still has plenty of time in its timeline that is not really an option unless Dolphin itself requests that. Crane asked when the first agreement would have to be signed for the FY09 allocation. Long said it would have to be signed within nine months. Shaw asked if this application was now the one in effect. Long said this application is just a request, and the application submitted two years ago for the FY09 funding cycle is the one that is in effect. Shaw asked if Dolphin had any intentions of moving forward with the project as homeownership if the request was denied. Tripathi said that homeownership is not working for this project. He said they would like to wait and see about its viability, but at the same time, they cannot wait indefinitely as they need money to be coming in to remodel Building 12. Tripathi said that waiting until condo loans go through at this point causes them to lose money and revenue on both the old units and the new ones as they are both vacant. Crane asked why they would want to improve another building, Building 12, when the other two are not working for the condo regime. Bhatti said the original plan was to be very aggressive and to get one-quarter of the property done. As the two buildings were being renovated, plans changed and they decided not to do all five buildings at once. Crane asked if Building 12 had been demolished yet. Tripathi said that it had been somewhat demolished, but could be renovated on a less grand scale than the first two. Shaw said it sounded as though the Commission would effectively cause Dolphin to pull back from homeownership. He said he wanted it to be clear that denying the request would not steer them back toward homeownership, but toward rental. Drum and McMurray said that either way Dolphin will move toward rental properties. Crane said that the homeownership aspect was the reason he had funded the project. Tripathi said it was the reason they had done the project. Bhatti said that the bottom line is that their purpose is to provide good, affordable housing. Shaw said that the Commission would be taking itself out of the process by denying the request, and a likely result is that the housing in that project would not remain as affordable as it presently is. Drum asked for a motion. McMurray motioned to deny the request. Crane seconded. Hart asked if there was any interest in splitting the funding between homeownership and renovations. Drum and Crane said that would have to be another request on the part of Dolphin. Shaw said that Dolphin would have that opportunity because if the Commission denies the request, Dolphin will have to come back with a different request. Drum said that for him the difficulty was that the money was allocated for a purpose that was being changed mid-contract. Shaw asked if he did not then foresee himself splitting the money up differently if the request came back that way. Drum said he hated to be a stickler, but the homeownership aspect was a huge part of the decision they made, and to change that aspect changes everything. A vote was taken and the motion to deny the request carried in a 5-0 vote (Douglas, DeFrance, Richman and McKay absent). HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page9of12 COMMUNITY DEVELOPMENT CELEBRATION: McMurray stated that the celebration would be September 17th at Wetherby Park from 4:30-6:00 p.m. Crane asked what the program involved. Drum said it was as yet undecided. McMurray said they were looking for ideas for community awards for the program, so suggestions are welcome. Long said that if there were any community lenders who wanted to donate food or anything, those ideas would also be welcome. Crane suggested honoring successful projects from the previous two years (since there was no celebration last year due to the floods) such as the Grant Wood playground area. McMurray said they had discussed having a theme along the lines of "After the Flood," or making things youth oriented. Libris Fidelis, Iowa City, asked if he could make a comment at this time. He said that he had recently gone over to a party that was held at Court Hill Park. He said the publicity was very poor and that it did not explain how the party was going to work. He said that, basically, there was no food or anything like that. Long asked to which party Fidelis was referring. Fidelis said that it was some sort of community party put on by the Parks and Recreation Department. He said there was a singer there. Fidelis said that he had skipped his dinner because he went to the party expecting there would be food. The only food there, Fidelis said, was ice cream. He advised the Commission to aggressively explain what kind of a party they would be having so that people could see what exactly they will be attending. Fidelis said there is nothing wrong with asking people to bring their own food if no vendors were willing to donate it. He said that if drinks could at least be provided then people could bring their own food if they knew ahead of time that they had to. Long said that typically food is provided at this party. McMurray pointed out that with a party time of 4:30 p.m. to 6:00 p.m. people should be expecting snacks, not dinner. Shaw explained that the function being discussed at this meeting was a different function from the one Fidelis had attended. He said that what Fidelis was talking about was an annual event called "Party in the Park" that takes place in the local parks as a kind of neighborhood get together. Fidelis said that the event had been advertised as 7:00 p.m. to 9:00 p.m., so one would expect there to be food there. Shaw said that the idea behind those events is just to let kids have some ice cream, play, and listen to some music. Drum returned to the discussion of awards. He said that the awards could be given to individuals who had made a difference in the community in terms of housing, not necessarily just agencies. Drum said this may be a good opportunity to acknowledge people or individuals who made a difference during the floods. He asked Commissioners to actively think about this and come up with ideas. McMurray noted that Four Oaks would serve as a back-up location. The 17th of September is a Thursday, McMurray said, and the event will take the place of the regular September meeting. Shaw asked when the cycle for Commissioner terms began each year. Drum said it begins September 1St. Both Shaw and Crane commented that they would be finishing their terms and not signing up for another year at that point. Shaw said that one idea for an award recipient would be Dolphin Point Enclave because they have used their private funding to upgrade units in our community, and because they have made a commitment to that area. He said that he had especially liked the collaboration Dolphin had done with Grant Wood school and the neighborhood to come up with the idea of naming a street Paul Davis Drive, after a former principal. Long said he would mention that to the committee when they meet again. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 10 of 12 MONITORING REPORTS: Domestic Violence Intervention Program -Facility Rehab. (Hart) As they did not receive all of their requested funding, they slightly modified their plans. The proposal had been to renovate a bathroom on the main floor with a washer and dryer. That project was cut out. They repaired showers, which meant reinstalling drywall. They then focused on the fencing and upgraded that, and were able to install security monitors with the help of donated installation. DVIP served 398 women and children last year. Hart said that the FY10 allocation was for air conditioning units which are getting ready to be installed. DVIP said that the brick walls that are lining the handicap ramp are moving against the building and will require a significant repair estimated at $80,000. • Shelter House -Operations (Hart) HCDC had provided funding for a'/4 time client services coordinator and'/4 time for a volunteer coordinator. $2,000 provided by HCDC made them eligible for a cash match for their STAR program. The new building is right on target, and the outcomes are as anticipated. The STAR program is going well and has met its deadlines and projections. They are also applying for a state grant for shelter coordination. • Aid to Agencies - UAY, MECCA, Elder Services (McKay) None • FY08 Blooming Garden - Downpayment Assistance (DeFrance) Long said that they recently received City approval on an updated plan and are starting to get updated bids based on their revised plan. Iowa City Housing Authority- FY06 8 07 Tenant Based Rental Assistance (Shaw) Shaw said that FY06 and FY07 are closed out. Shaw said that ICHA has combined last year's allocation, $60,000 with this year's allocation. They are targeting 17 elderly families that they have already identified. The combined funds will allow these families to be assisted for two years while they wait to move upon the voucher waiting list. McMurray asked why elderly families had been targeted. Long said that there is a great need for assistance in that population in this community. McMurray asked if demand for assistance had increased due to the economy. Shaw said that the waiting list was about 18 months to 2 years, and that no great increase in demand has been obvious. Economic Development Fund (Staff) Long said that there was a memo in the Commissioner's packet regarding this fund. Long said Atlas Home Services had been funded by this fund. McMurray and Crane said they had worked with them and that they were excellent at home repair. Long said that Alphie's Beauty Salon and Textures Salon had also been funded. All three businesses are doing well. McMurray asked what the typical loan for this fund was. Long said they are typically small, ranging from $5,000 to $35,000. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 16, 2009 Page 11 of 12 Iowa City Rehabilitation (Staff A memo was included in the packet that explained the activities of the Housing Rehabilitation staff over the last year. An extra $1.6 million was spent this year; a typical year is $200,000-300,000. Staff has another $740,000 committed, and just applied for an additional $1.2 million. Long described a number of flood related projects that the department has worked on and continues to work on. Neighborhood Centers of Johnson County -Facility Rehab. (Crane) An update to Pheasant Ridge's kitchen was done, making it more efficient and better able to serve client needs. Replacement windows have been ordered and should be in by the end of the summer. Work on the deck has not yet begun. • FY08 Wetherby Splash Pad (Richman) Long said that construction on the Splash Pad will begin August 1 st and be done by September 17th in time for the Community Development Celebration. This will be the first one of its kind in Iowa City. • FY07 8 FY08 Habitat for Humanity -Homeownership (Douglas) Deferred. ADJOURNMENT: Shaw motioned to adjourn. Crane seconded. The motion carried 5-0 (Douglas, Def=rance, Richman and McKay absent). The meeting was adjourned at 8:10 p.m. Z N N O U H Z W G ~ OC av OW w~ wwc~ ~ Z O ~aN z° =Z ~ H Oa v Z Z N O 2 x X X X O X O O O o x x o x o x x x ~ X X X X X X X X X u~ X ~ ~ X X X X ~ O N x x x x x x x x o M X X X X X X X X M ~ ' ° x x o x x x x x x N ~ Z Z Z Z Z Z Z Z Z N N X ~ X X ~ X ~ X X rn rn ~ o o •- ~ o rn ~ o o ~ ~ ~ ~ ~ ~ ° a W o 0 0 0 0 0 0 0 W 0 ~ 0 0 0 0 0 0 0 0 0 U U W ~ o ' w w a w w W Q J V ~' m ~ U t n v N = O ~ ~ z ~ z g v = te a w } w z ~a > > ~ ~ ~ = a ~ = ~ ~ ~ z o 0 0 ~ -a m ~ ~ x ~' E ~, W ~ N ~~~~~ N~a~~c~ ~~~ 0 0 aQQZz ii ~~ n n n w_ ; YXOOz 4b 2 MINUTES FINAL YOUTH ADVISORY COMMISSION September 27, 2009 - 4:40 PM Lobby Conference Room, City Hall Members Present: Zach Wahls, Hannah Green, Jerry Gao, Luan Heywood Members Absent: None Staff Present: Marian Karr, Ross Wilburn Others Present: None RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): The Commission recommend against passage of the proposed juvenile curfew unanimously, 4/0. The reasons for this recommendation include: • The restrictive nature of this ordinance on law-abiding, productive young citizens • The negative effect that the confrontations mandated by this ordinance would have on the perception of police by youth and the stigma associated with law enforcement officials • The inequality with which this ordinance will inevitably be enforced CALL TO ORDER: The meeting was called to order at 4:40 p.m. Hannah Green chaired the meeting. MINUTES: Wahls motioned to approve the August 26 minutes. Heywood seconded. The motion passed 4-0 YOUTH EVENT CALENDAR: The Commission discussed the calendar, which has effectively little use since its inception, reporting a total of two uses. The Commission unanimously agreed that it out to be put into retirement. DISCUSSION OF PROPOSED JUVENILLE CURFEW: Before Wilburn arrived at the meeting, the Commission briefly discussed the mechanics of passing ordinances in Iowa City. After Wilburn arrived, the Commission delved into the pros and YOUTH ADVISORY COMMISSION September 27, 2009 Page2of3 cons of the issue at hand. Karr reported that the Chief of Police had requested the ordinance's passage as another tool to deal with the spike in violence on Iowa City's southeast side. She also stated that a number of communities in Iowa utilize curfews, Coralville among them. Wilburn said that he doesn't believe that there is particularly strong support on either side of the issue in the neighborhood that would likely be most directly affected, but those who do support a side are quite vocal. Heywood expressed her opinion that this ordinance would be excessively restrictive. Green and Wahls seemed to share similar concerns. The Commission went through the particulars of existing State and City laws on the issues in Iowa City. In addition, it was noted that a loitering ordinance has been proposed, but the Commission did not feel that it pertained to the Commission's goals. Heywood said that, from her research (distributing a fact sheet), curfews don't really stop crime. Wahls agreed, saying that it seems it merely gives prosecutors another charge to stick offenders with. Green said that she would have trouble supporting such an ordinance, because she felt it would not be implemented fairly or evenly. Gao openly asked what youths aged fourteen to fifteen would be doing outside after 11 p.m. (This is the time at which fourteen year olds would be prohibited from being outdoors.) Heywood and Green both shared anecdotes of their time in community theatre at that age, which kept them out that late. Wahls critiqued the language of the proposed ordinance, which to him seemed foreign. Karr and Wilburn both said that the ordinance was modeled on the ordinance passed by other cities and state rulings on the subject. Heywood asked what exactly the ordinance was hoping to prevent. Having spoken with numerous citizens on the topic, Wilburn provided a list of reasons. These included roving gangs of loud youth, kids cutting through yards, fights, open intimidation, acts with weapons and group fights. It should be noted that these acts were not limited exclusively to youth. Wahls asked if most of this was occurring at night. Karr said that this was not the case, but that the intimidation and fear was heightened at night. Wahls motioned to recommend against passage of the proposed juvenile curfew. Green seconded. The motion passed 4-0 The reasons for this recommendation include: • The restrictive nature of this ordinance on law-abiding, productive young citizens • The negative effect that the confrontations mandated by this ordinance would have on the perception of police by youth and the stigma associated with law enforcement officials • The inequality with which this ordinance will inevitably be enforced The commission again briefly discussed the loitering ordinance but decided to not take action on it either in support or otherwise. YOUTH ADVISORY COMMISSION September 27, 2009 Page 3 of 3 YOUTH ARTS INITIATIVE: Wilburn shared the report from the City Attorney's office. He said that the City cannot link to a commercial site, based on the City's Internet policy. Due to the nature of some of the content on that website, the City's public website cannot link to it. Another issue is the fact that the City would be unable to edit any of the content submitted, possibly resulting in the creation of a forum for material that would be deemed obscene by the community. As such, there would be concern that there would be taxpayer dollars going towards things most would deem inappropriate. Wilburn then got into what he believed the YAC was supposed to be in its original purpose. He had hoped for the YAC to serve more as an advisory body than a project group. Heywood expressed her support for returning more directly to the mission statement. Green agreed, but added that in her two years, she's seen none of such activity. Wilburn said that part of the blame of that lays with the Council and that he would like to make an effort to get the YAC present at a Council work session. The Commission expressed interest in attending one. MEETING SCHEDULE: The Commission decided to meet again on Thursday October 15t to discuss developments of the September 29th City Council meeting and to address agenda items that had to be tabled due to Wahls's early departure. That meeting will happen at 5:30 p.m. on Thursday. ADJOURMENT: Wahls motioned to adjourn. Green seconded. The motion passed 4-0 Meeting adjourned 5:40 PM. Z O ~ ~ N ~ ~ O Owrn °~' } W N ~ ~ V ~ c t~QW a~i ~ Z ~ ~ Q W F- I- Q O X X X O ~ X N X ~ ~ X X ~ X ti N X X X X X ti ~n X X w ~ X X ti N ~ ~( ~ O X X ~ X i ti ~ X X X X X X X 0 X X ~ X 0 X 0 X X X N X X X X X X X X ~ X 1C >C `- )C X X X X M N ~ ~ ~ ~ ~ i i N Z Z Z Z Z ~ ' N ~ ~ ~ ~ ~ ~ ~ Z Z Z Z ~ Z r °O X X X X w O ~ ~ ~ ~ ~ ~ ~ ~ z z z z z rn 0 rn 0 rn 0 o 0 o ~ rn o rn 0 ~ ~ a IX N N N ~ N ~ N N N N z ,~ ~ C~ 2 ~ 2 ~ 'c ~ ~ _ ~ ~ ~ -~, Q ~ ~ ~ -~ --. ~ > ~ _ - Q ~ ~ ~' ~ c ~ 3 L m~ 0 ~? m ~ ~ .n x = ~ ~~a~ .~ _ ~ ~~m~~a rn N aaaz°z° II 11 II II 11 W . ~ ' XOOz ' w Y Z O ~~ ~~ ~O O W w °~ ~ W N ~ a' U ~ c OZ Q ~ Z ~ ~ Qw ~Q O r N a~ X X X X N X i i X X ~ X ~ ~ ~ W ~. a X W rn o N ~ rn 0 N r- rn 0 N 0 N 0 N o N rn 0 N rn 0 N ~ z .~ ~ ~ C~ 2 ~ ~ _ ~ ~ :~ ~ _ U ~ ~ ~ ~ ~ ~ ~ --. ~ ~ ~ ~ Q ~ E L 0 ~O O ~ Z y v ~~ xCE d ~+ _ y ~ m ~ R ~ rn aaaz°z° II II II II II W ~ , XOOZ >- W Y 10-20-09 4b 3 MINUTES YOUTH ADVISORY COMMISSION October 1, 2009 - 8:35 PM Lobby Conference Room, City Hall Members Present: Zach Wahls, Hannah Green, Jerry Gao, Luan Heywood Members Absent: None Staff Present: Marian Karr, Ross Wilburn Others Present: None CALL TO ORDER: APPROVED The meeting was called to order at 8:35 p.m. Hannah Green chaired the meeting. MINUTES: Heywood motioned to approve the September 27 minutes. Wahls seconded. The motion passed 4-0. DISCUSSION OF PROPOSED JUVENILLE CURFEW: Heywood provided a recap of the September 29th City Council meeting. The City Council deferred the second reading of the proposed curfew ordinance to December 1St by a vote of 5-2. Wahls expressed his opinion that families in support of the curfew made some reasonable arguments against deferment of the reading, but said that he thought oftentimes a problem must be directly illuminated before it can be addressed. Green mentioned that previously with her experience in the Commission, a youth forum had been held to discuss important issues and that this is an issue that ought to be discussed with Iowa City youth. The Commission then discussed the possibilities and formats for such a forum pertaining to this issue. The forum will take place from 2:00 p.m. to 5:00 p.m. on October 24th in Harvat Hall. The Commission will ask elementary school guidance counselors to invite capable, interested fifth and six graders to attend. In addition, youth at all fourjunior high and high schools involved with student government will be invited. The forum will hopefully feature three presentations by the Police Chief, The Coalition, and Iowa City Neighborhood Association respectively. The hope is to inform Iowa City youth of the background and intricacies surrounding this issue and try to gauge their opinion on both the curfew and the root cause of the problem itself. While very specific invitations will be issued, the event is certainly open to all Iowa City youth. Refreshments will be provided to participants. YOUTH ADVISORY COMMISSION September 27, 2009 Page 2 of 4 BYLAWS: Heywood distributed a brainstorming sheet regarding how best to fulfill the mission statement of the Commission. OTHER BUSINESS: Wahls mentioned that he thought the Commission ought to move as quickly as possible to fill the vacancies on the Commission. MEETING SCHEDULE: The Commission decided to meet again on Thursday October Stn to discuss developments regarding the youth forum and then another meeting on November 1St to conduct regular business. ADJOURMENT: Heywood motioned to adjourn. Gao seconded. The motion passed 4-0. Meeting adjourned 10:05 p.m. YOUTH ADVISORY COMMISSION September 27, 2009 Page 3 of 4 YOUTH ADVISORY COMMISSION ATTENDANCE RECORD YEAR 2009 (Meeting Date) NAME TERM 1/4 1/8 1/27 2/12 3/1 4/5 4/23 5/3 6/5 6/7 7/12 EXP. 12/31/09 NM X NM NM X X X O/E X O/E X Hannah Green (Regina) 12/31/09 NM X NM NM X X X X X X --- Michelle Han (West) _ 12/31/09 NM X NM NM X O/E X O/E O/E X O/E Patrick Diamitani (At-Large) 12/31/10 NM X NM NM X X X X X X X Luan Heywood (City) 12/31 /10 --- --- --- N M X X X X X X X Zach Wahls (At-Large) 12/31 /10 --- --- --- --- --- --- --- --- --- --- --- Position Vacant (Tate) 12/31 /09 --- --- --- --- --- X X X X X X Jerry Gao (At-Large) Danielle Makntek (At-Large) 12/31 /09 N M O/E N M --- --- --- --- --- --- --- °- KEY: X =Present O =Absent O/E =Absent/Excused NM = No meeting/No Quorum --- = Not a Member YOUTH ADVISORY COMMISSION September 27, 2009 Page 4 of 4 YOUTH ADVISORY COMMISSION ATTENDANCE RECORD YEAR 2009 (Meeting Date) NAME TERM 8/26 9/27 10/1 EXP. 12/31 /09 X X X Hannah Green (Regina) 12/31 /09 --- --- --- Michelle Han (VI/esf) 12/31 /09 --- --- --- Patrick Diamitani (At-Large) 12/31/10 X X X Luan Heywood (City) 12/31/10 X X X Zach Wahls (At-Large) 12/31/10 --- --- --- Position Vacant (Tate) 12/31 /09 X X X Jerry Gao (At-Large) Danielle Malatek (At-Large) 12/31 /09 --- --- --- KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting/No Quorum --- = Not a Member 4b 4 MINUTES APPROVED HISTORIC PRESERVATION COMMISSION SEPTEMBER 10, 2009 PLANNING AND COMMUNITY DEVELOPMENT CONFERENCE ROOM MEMBERS PRESENT: Thomas Baldridge, Lindsay Bunting Eubanks, William Downing, David McMahon, Pam Michaud, Jim Ponto, Ginalie Swaim, Alicia Trimble, Frank Wagner MEMBERS ABSENT: Esther Baker STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Susan Futrell, Scott Steicklin, Cinda Tallent RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): None. CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 311 Fairchild Street. Kuecker said this application involves some repairs to a rear porch. She said this is a key- contributing property in the newly-designated Northside Historic District. Kuecker said the project involves removing a deteriorated metal roof from the porch and replacing it with a membrane roof; adding gutters to help direct water away from the side of the house and the foundation; and replacing the existing, partially-rotted wood railing with a new railing to match. She said the porch floor will be leveled, sanded, and painted. Kuecker said staff recommends approval of the project as presented in the application. Futrell, one of the owners of the house, said she does not have photographs of how the porch originally looked, adding that the porch was renovated about 15 years ago. Futrell said that she has been able to find photographs of houses with a very similar style as hers, but all of them have widely varied styles of porches. She said that right now she would like to match the porch the way it is and not do anything to the upper part. Futrell said she is still looking for a photograph from someone in the neighborhood to give a clue toward something slightly more original to the house that would still look appropriate to the style. Ponto asked the owners if there would be external gutters. Steicklin, the contractor for the project, said that they want to put new external gutters on. He said there is a little bit of molding up there he'd like to take off and then straighten the soffit out and bring it out. Steicklin said that he would then have a roofing company come in and actually put in a gutter that is back up Historic Preservation Commission September 10, 2009 Page 2 of 5 underneath the membrane so that the membrane will come over the gutter, so there will be less possibility of leakage there. He said he will flash it up to the wall by a good foot. MOTION: Swaim moved to approve a certificate of appropriateness for the application for 311 Fairchild Street as presented in the application. Ponto seconded the motion. The motion carried on a vote of 9-0. 421 Oakland Street. Kuecker stated that this is a contributing property in the Longfellow Historic District. She said the applicant would like to replace three windows on the rear addition of the house. Kuecker said the addition was constructed in the 1960s, and the windows are now deteriorating. Kuecker said the applicant would like to replace the windows with solid wood, metal-clad windows of the same dimension and would like the option of using either casement or double hung windows. She said the guidelines allow for the replacement of deteriorated windows and recommend double hung windows unless an alternate style is original to the house. Kuecker said that full casement and double hung windows are typical on a bungalow style house such as this, so staff recommends approval as presented in the application, with the applicant having the option of using casement or double hung windows. Downing said it appears that the storm has a horizontal muntin, but the window behind it is a casement window. MOTION: Ponto moved to approve a certificate of appropriateness for the project at 421 Oakland Avenue as presented in the application, with the applicant having the option of using casement or double hung windows. McMahon seconded the motion. The motion carried on a vote of 9-0. 747 Rundell Street. Kuecker said this application is for the construction of a new garage on a contributing property in the Longfellow Historic District. She said the garage would be located at the rear of the property as an extension of an already-existing driveway. Kuecker showed a view looking down the driveway and pointed out where the garage would be. Kuecker said the proposal is fora 16 by 24, one and one-half stall garage. She said the owners plan to use fiber cement board siding to match the reveal on the house. Kuecker said the roof would be asphalt shingles, and the window and door openings would be trimmed to match the house windows and doors. Kuecker said that staff recommends approval of the application with the condition that the window, garage door, and entry door be subject to staff approval. She said that to her knowledge, there had never been a garage here. Kuecker said this is a two-story house. Swaim asked if the garage would have one door or two doors. Kuecker said the owner did not specify, and that's why she suggests staff approval of that facet of the project. Ponto said that a lot of times, with one and one-half stall garages, the garage door is kind of offset, and then there is perhaps a pedestrian door, versus a centered door. He said that he Historic Preservation Commission September 10, 2009 Page 3 of 5 does not have a strong preference but would be willing to consider an option by which the owner could do something like that with staff approval. Wagner said that with one car and a centered door, it gives a little more space on either side. He said that in that neighborhood, the garages might have been centered like that. Ponto agreed but said that most of the existing garages are single-car garages. Wagner said that he likes the idea of the door on the side where it isn't as visible. Ponto said he likes the design, but it might be nice for the owner to have the other option. Michaud asked if the door ties in with the front of the house. Kuecker responded that she would make sure whatever is proposed meets the regulations in the guidebook. MOTION: McMahon moved to approve a certificate of appropriateness for the project at 747 Rundell Street as presented in the application, with the condition that the window, garage door, and entry door be subject to staff approval. Wagner seconded the motion. AMENDMENT TO THE MAIN MOTION: Ponto moved to amend the motion to include the condition of staff approval for alterations to the placement of the window, garage door, and entry door. Trimble seconded the amendment. The amended motion carried on a vote of 9-0. 715 North Gilbert Street. Kuecker stated that this is a contributing property in the Brown Street Historic District. She said the applicant would like to remove the chimney. Kuecker said the owner's mason has found the chimney to be quite deteriorated and has found some places where the mortar is non-existent. Kuecker said the guidelines disallow removing prominent chimneys that are important to the architectural character of the building but do recommend removing elements on a structure that are unsound. She said that because the chimney is on the rear of the house and not highly visible from the street, the removal would have minimal impact on the appearance of the house. Kuecker said that, provided any new vent pipes are not on the street-facing elevation, staff feels this project will have minimal impact and recommends approval as presented in the application with the condition that any new vent pipes not be located on astreet-facing elevation. Tallent, the owner of the house, said that she is having to redo the roof. She said she had a mason look at the chimney and give an opinion. Wagner asked if the house now has power vents for the furnace and hot water heater that go out the back already or if the chimney is being used for exhaust. Tallent said she believes the furnace and water heater have their own vent pipes. Kuecker said the application refers to new vent pipes at about the same location. MOTION: Michaud moved to approve a certificate of appropriateness for the application for 1030 East College Street as presented in the application with the condition that any new vent pipes not be located on astreet-facing elevation. Baldridge seconded the motion. The motion carried on a vote of 9-0. Michaud suggested that the mason might be able to salvage some brick from the demolished chimney to be recycled. SELECTION OF HISTORIC PRESERVATION AWARDS: Historic Preservation Commission September 10, 2009 Page 4 of 5 The Commission discussed nominations for this year's Historic Preservation Awards and reviewed photographs and descriptions of various properties. A list was compiled to be forwarded to Friends of Historic Preservation for consideration. Kuecker stated that the awards presentation would be held the evening of Monday, November 2"d CONSIDERATION OF MINUTES FOR AUGUST 13, 2009: MOTION: Baldridge moved to approve the minutes of the August 13, 2009 meeting of the Historic Preservation Commission, as written. McMahon seconded the motion. The motion carried on a vote of 9-0. OTHER: Bunting Eubanks stated that Kuecker sent out an a-mail about a REAP meeting on the 23~d of September. Kuecker said that the REAP Program is having an assembly. She stated that REAP stands for Resource Enhancement and Protection, and one part of it is for historic resources. Kuecker stated that the program provided funding for the Manville Heights survey, the Historic Preservation Plan rewrite, and the rehabilitation of the Wetherby House among other things. Kuecker said the meeting would be held at Brown Deer Golf Course. Kuecker stated that the Wetherby Open House will be held on September 18th. She said that all Commission members are invited, and it is also open to the public. Kuecker said there will also be a Community Development Celebration to recognize the use of federal funds in the City at Wetherby Park. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Minutes submitted by Anne Schulte s:\pcd\minutes\hpc\2009\hpc 09-10-09.doc Z N N_ ~~ V O U O~ Q w o U ~ Q N W ~ N Z W W ~ ~ a vQ ~_ ~ X ~ X X ~ X X X X X X rn ~ X X ~ X ~ X X X X X X w X ~ X X X ~ X X X ~ X X X X ~ O O _ O X X c~ W W N X X X X ~ ~ X X X O ~ i i O x x x x x x x o x x ' ~ r X ~ X X X X X ~ X X ~ ' X X X X ~ ~ X X X X ~ M o x x x x x X x x x N c X X X X X X X X X ~ ~ ~ ~ N O ~ ~ ~ N O N O N a ~ ~- rn rn rn rn rn rn rn rn rn rn rn W N N N N N N N N N N N H M M M M M M M M M C7 M ~ J y G C D Y J Z V Q W = ~ ~ z ~ Q ~ Q J uw E- a z a ~ w ~ ~ o c~ v ~ o o c~ ui ~ ? Y = ~ J W W _ Q ~ ~ m Z G Z ~ Q V Q V ~ Z Q ~ ~ J Y m ~ ~ Q Z m m D W 2 ~ ~ d ~ F- E O 7 ~~ N N O ` X ~'n w ~ ~ ~, ~ ~ ~ E ca ~~QZ o ~ Q n z ~~ ~~ n u w ~~ , XOOz w Y FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES -September 8, 2009 CALL TO ORDER: MEMBERS PRESENT: Vice Chair Donald King called the meeting to order at 5:30 p.m. Janie Braverman, Joseph Treloar, and Abigail Yoder 4b 5 MEMBERS ABSENT: Vershawn Young STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss of the ICPD; Public Dean Able, Caroline Dieterle; and UI Journalism Students Kelly Maguire, Danielle Weber, Aubrey Huff, Brendan Ferguson, Teddy Solberg, and Josie Jones RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Annual Report CONSENT CALENDAR Motion by Braverman and seconded by Yoder to adopt the consent calendar as presented or amended. • Minutes of the meeting on 08/11/09 • ICPD General Order 99-07 (Traffic) • ICPD General Order 01-05 (Officer Involved Shootings/Lethal Incident Invest) • ICPD Use of Force Report (January 2009 -May 2009) • ICPD Use of Force Report (June 2009) • ICPD Department Memo #09-15 (January-March 09 Use of Force Review) • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -July 2009 Motion carried, 4/0, Young absent. Regarding General Order #99-07 (Traffic) Braverman inquired what NHTSA stood for on page 3. Wyss informed her that it was the National Highway Traffic Safety Administration. Also on page 5, number five, Braverman asked where the current court decisions come from. Wyss stated that they can from the City Attorney's office, County Attorney, or the Attorney General. Braverman also noted that in Appendix I I, number thirteen, there was little regarding violations and policy regarding enforcement of people on bicycles. Wyss replied that they are considered traffic and would fall under the same guidelines as vehicles. Braverman also had a couple of typos in General Order #01-05 (Officer Involved Shootings/Lethal Incident Investigations) that were forwarded to Wyss. Regarding Use of Force reports, Braverman inquired as to the description of "Out with subject" under the incident column. Wyss stated that it's when the officer sees something going on and contacts dispatch and let them know that he out with subject. It's a quick way to let dispatch know that they're out of the vehicle. It could be with a complainant, victim, or for some altercation where the officer doesn't have a lot of time to explain. King mentioned that the June Use of Force should be 2009, not 2008. PCRB September 8, 2009 Page 2 Tuttle verified with the Board whether or not they would like to continue receiving the monthly Use of Force Report, the quarterly Use of Force Reviews, and the P.A.U.L.A. reports from PD. The Board agreed they would like to continue receiving all the reports. OLD BUSINESS Draft of FY09 Annual Report -Tuttle reported to the Board that she had heard back from Roth and his review of the figures agreed with the draft. The Board made other minor changes to the report. Motion by Braverman, seconded by Treloar to adopt the annual report as amended and forward to the City Council. Motion carried, 4/0, Young absent. Community Forum -The Board discussed the upcoming forum and agreed to have an introduction of the PCRB, who they are and what they do, given by one of the Board members. The topic the Board agreed to cover was Use of Force. The Board requested that a member of the Police Department do a presentation to educate the public on the policy before public discussion. The Board is considering October 27`h or November 18`h as the dates for the forum. Captain Wyss is going to check to see if there is a member of the Police Department available to do a presentation. Wyss will get back to Tuttle on the dates. The forum will be publicized the same as last year. NEW BUSINESS Updated Board Member Contact List -Tuttle had included updated Board member contact list in the meeting packet. Members made corrections and Tuttle will update and redistribute in the next meeting packet. Select Nominating Committee -Braverman and King were selected to be on the nominating committee and will meet and report back to the Board at the next meeting. BOARD INFORMATION Braverman reported that she had been contacted by members of the community in regards to how well the police department is or isn't trained in the legal rights of disabled persons with service animals. Tuttle asked Wyss if there was any material that could be provided regarding training for the next meeting packet. Wyss suggested requesting that information from the Chief. Wyss could not recall if there was anything within the general orders specifically dealing with service animals. The Board directed staff to make a request to the Chief for any information available regarding Service Animal training for Iowa City police officers. Braverman would also like to see the Board do a comprehensive review of the PCRB Ordinance, By-Laws, and SOP's by possibly putting together a subcommittee and then reporting back to the Board with recommendations. Braverman would like to be apart of that subcommittee. The Board agreed to put this as an item on the next agenda for discussion. Pugh suggested looking at other review boards to see what policies/practices they have. Braverman stated that this could also be a future forum topic. PCRB September 8, 2009 Page 3 PUBLIC DISCUSSION Abel confirmed the next meeting date and the tentative date(s) for the upcoming forum. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Yoder and seconded by Braverman to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Young absent. Open session adjourned at 6:25 P.M. (Board recessed to answer questions from the UI Journalism group 6:25-6:39) REGULAR SESSION Returned to open session at 6:54 P.M. Motion by Yoder, seconded by Treloar to set the level of review for PCRB Complaint #09-03 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 3/0, Braverman abstaining, Young absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • October 13, 2009, 5:30 PM, Lobby Conference Rm • October/November 2009 (Tentative Forum) TBA • November 10, 2009, 5:30 PM, Lobby Conference Rm • December 8, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Treloar. Motion carried, 4/0, Young absent. Meeting adjourned at 7:01 PM. C~ ~C i ~ ~ ~ ~ zz~~~ 0 o rrc~, ~o co 7 ~ ~ ~. ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ "ti CD o ~ c y o ~ ~ ~ ~ d ~ ~ c ~ i - fD ~ ~ ~• ~ ~ ~ ~ ~ ~ ~ ~ • z ' , ~ ~ o ~ ~ ~ t~ ara W W N ~O \O N ~ ~ ~ ~ ~ w N ~ i ~v ~ r~'~ x ~ ~` O W i i ~ ~ ~ X x C zz z z z z ~ i i y a ~~, 7 ~ a y y a y a _ A i i ~ ~ x ~ x ~ k ~ x ~ z z z z z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o x ~c ~ x M~ y ~ '~ v ~~ ~z ~' ~ n r o ~' ~~ 0 b ~_ y N r~ r~ 0 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2009 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY09 the Board held ten meetings and one Community Forum. Two meetings were cancelled due to lack of Board business. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations In September of 2008, the Board held its first Community Forum as required by the change in the City Charter. Board Members In September of 2008, Elizabeth Engel and Loren Horfon's terms ended and were replaced by Abbie Yoder and Janie Braverman. In October officers were nominated with Michael Larson as Chair and Donald King as Vice-Chair. COMPLAINTS Number and Type of Allegations Nine complaints (08-06, 08-07, 08-08, 08-09, 09-01, 09-02, 09-03, 09-04, 09-05) were filed during the fiscal year July 1, 2008 -June 30, 2009. Nine public reports were completed during this fiscal period (08-01, 08-02, 08-04, 08-05, 08-06, 08-07, 08-08, 08-09, 09-01) and one complainant was dismissed (09-02). The remaining complaints filed in FY09 are pending before the Board (09-03, 09-04, 09-05). Allegations Complaint #08-01 1. Unlawful Arrest. NOT SUSTAINED. 2. Improper Use of Force. NOT SUSTAINED. 3. Verbal Abuse of a Prisoner. NOT SUSTAINED PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 2 Complaint #08-02 1. On January 14, 2008, Officer A cited the Complainant with reckless driving and two additional traffic citations. Complainant stated she was cited because Officer A does not care for her. NOT SUSTAINED 2. On January 15, 2008, the Complainant's car was issued a parking ticket by Officer B for parking on the curb. Complainant claimed her car was parked in her driveway. NOT SUSTAINED 3. On February 17, 2008, the Complainant called in a request for service involving a vehicle blocking her mailbox. Complainant stated the police did not respond to this call for service. Complainant called in the same complaint about the same vehicle on February 18, 2008. NOT SUSTAINED 4. On January 14, 2008, the Complainant called the police department in regard to an assault on her son. Complainant alleges the police would not allow her to file a complaint. NOT SUSTAINED Complaint #08-04 1. Excessive use of force/Improperly applied handcuffs. NOT SUSTAINED 2. Inadequate investigation of the incident. NOT SUSTAINED 3. Unprofessional behavior/Inappropriate interaction with a citizen. NOT SUSTAINED 4. Interference with a medical emergency. NOT SUSTAINED Complaint #08-05 1. Inappropriate comments about the complainant's pending marriage and military service. NOT SUSTAINED Complaint #08-06 1. Slandered the name and reputation of the complainant by calling him a drug dealer. NOT SUSTAINED 2. Harassed the Complainant by issuing the complainant a criminal trespass warning. NOT SUSTAINED Complaint #08-07 1. Officer was rude. NOT SUSTAINED 2. Officer was bullish. NOT SUSTAINED 3. Officer was unwilling to listen to reason. NOT SUSTAINED Complaint #08-08 1. Officer harassed her and was not trained in regards to service dog laws. NOT ADDRESSED (untimely) 2. Officer harassed her, was rude, and not trained to proficiency regarding service dogs. NOT SUSTAINED 3. Officer harassed her, was rude to her and failed to recognize her dog was a service dog, even though it was wearing a service dog vest. NOT SUSTAINED 4. Officer did not issue the driver of the vehicle a citation. The complainant believed this was in retaliation for her complaining to Congressman Dave Loebsack's office about the police department. NOT SUSTAINED Additional Allegations: 1. The complainant alleged that the Police Chief refused to direct Officer C to issue a citation in retaliation for her complaint to Congressman Dave Loebsack's office. NOT SUSTAINED 2. Complainant alleges that the Chief told her that she had no authority to go to Congressman Loebsack's office because she had not been harassed by the police department. NOT SUSTAINED 3. The complainant alleges that the Chief lied to her when he allegedly stated he had spoken with her service dog's vet, who felt that the dog was not hit in the crosswalk. NOT SUSTAINED Complaint #08-09 1. Complainant had to yell at Officer A to get him to assist in holding the girl. NOT SUSTAINED 2. The officers did not get a blanket to cover the half-naked girl in spite of Complainant's repeated request for one. NOT SUSTAINED 3. Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. NOT SUSTAINED PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 3 4. The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. NOT SUSTAINED 5. The officers used excessive force by handcuffing the girl and treating her roughly. NOT SUSTAINED 6. The officers used excessive force by yanking the Complainant's left arm and pointing a Taser at his face. NOT SUSTAINED 7. Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the Officers, that Complainant was trying to start a fight or balling his fists, and that Complainant called Officer A a sorry son-of-a-bitch. NOT SUSTAINED 8. Officer A used bad judgment in moving the patrol car out into the roadway while Complainant's wife was standing near the open door. SUSTAINED Complaint #09-01 1. Officer maliciously made false statements to Complainant's employer about Complainant's driving of a company vehicle which resulted in Complainant being suspended and fired from his job. NOT SUSTAINED Complaint #09-02 Complaint dismissed for lack of standing based on City Code section 8-8-3 (B). Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 9 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the thirty-three allegations listed in the nine complaints for which the Board reported, one was sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #08-04 The board noted that while the criminal complaint against the Complainant stated that the Complainant "admitted to drinking, but denied it later" such admission was not noted anywhere in the Chief's report or supporting documentation submitted to the board. PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 4 Complaint #08-06 The Board is concerned about the issuing of a criminal trespass warning without prior written authorization from the property owner. The Board is also concerned with the statement made by Officer D, to the Complainant, about purchasing a car that was seized and forfeited from complainant. This comment was made at the time Officer A appeared to be in charge of the situation. The comments could imply that the money found would be seized and forfeited also. This comment did not appear to further the investigation and the Board feels that Officer D should be spoken with about this behavior. Complaint #09-01 The Board would like to support the Iowa City Police Department in creating a written policy, procedure, rule or regulation which requires officers to request permission to leave city limits while on duty and NOT in pursuit of a violator or suspected violator, as well as requiring that the supervisory staff identify to the requesting officer the limits to such travel permission, and that such policy, procedure, rule or regulation be added to the Operations Section of the Iowa City Police Policy and Operating Procedures Manual. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after aname-clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the nine complaints covered by the FY09 annual report a total of fourteen officers and the Police Chief were named. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the nine complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants Age: National Origin: Under 21 0 US Over 21 5 Unknown Unknown 4 Sexual Orientation: Gender Identity: Heterosexual 3 Female Unknown 6 Male Unknown Color: 4 White 3 5 Black 1 Unknown 5 Sex: 1 Female 1 3 Male 3 5 Unknown 5 PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 5 Marital Status: Single 3 Married 1 Unknown 5 Religion: Mental Disabilitv: Catholic 1 No Unknown 8 Yes Unknown 2 6 Physical Disabilitv: No 2 Unknown 7 BOARD MEMBERS Michael Larson, Chair Donald King, Vice Chair Greg Roth Elizabeth Engel / Abbie Yoder Loren Horton / Janie Braverman