The URL can be used to link to this page

Home My WebLink About2004-05-13 Info Packet CITY COUNCIL INFORMATION PACKET ~ May 13, 2004 CITY OF IOWA CITY www.icgov.org I MAy 47 vvo.K SESSION ITEMS IP1 City Council Meeting Schedule and Work Session Agendas IP2 Dog Park Recommendation I MISCELLANEOUS ITEMS IP3 Memorandum from City Manager: Neighborhood Housing Relations IP4 Letter from Randy Hartwig, Chairperson, Iowa City Airport Commission, to Mayor Lehman: Commission Update IP5 Letter from Lynnette Ammar to Karin Franklin, Planning and Development Director: Camp Cardinal Road and Kennedy Parkway [Staff response included] IP6 Memorandum from Joe Flower, Director, Parking & Transit to Mayor Jacobsen: Fiscal Year 2005 Contract between the City of University Heights and the City of Iowa City for Transit Services IP7 Memorandum from Klm Johnson, Project Coordinator, to the City Manager: Agenda Items IP8 Copy of Article [Legislative News]: Iowa League of Cities Status Update [Vanderhoef] IP9 Letter from Douglas K. True, V.P. for Finance & Operations, U of I, to the City Manager: Melrose Avenue/Grand Avenue Area IP10 Letter from Kathy Spangler, National Partnerships Director, to the City Manager: Quality Youth Sports Summit iP11 Iowa City Police Department Use of Force Report: April 2004 IP12 Housing and Building Inspection: Building Permit Information April 2004 IP13 E-mail from Jeff Reuter to Mike Moran: Cancellation of Baseball Games [Staff response included] IP14 Ecumenical Towers: Open House May 20, 2004 IP15 Chauncey Swan Park: Market Music 2004 IP16 Iowa City Fire Department 2003 Annual Report IP17 Memorandum from Steven Nasby, Community and Economic Developemnt Coordinator: Proposed CB-I 0 Self-Supported Municipal Improvement District Remonstrance Memorandum from Mayor: Evaluations of Staff May 13, 2004 Information Packet /continued/ 2 Free Medical Clinic Annual Report [Distributed at 5/17 Work Session] I PRELIMINARY/DRAFT MINUTES IP18 Board of Adjustment: April 14, 2004 IP19 Senior Center Commission: April 20, 2004 IP20 Scattered Site Housing Taskforce: April 29, 2004 IP21 Senior Center Commission Special Meeting: April 30, 2004 IP22 Housing and Community Development Commission: April 15, 2004 CITY COUNCIL INFORMATION PACKET CITY OF [OWA CITY May 13, 2004 www.icgov.org , MAY 17 WORK SESSION ITEMS IP1 City Council Meeting and Work Session Agendas IP2 Dog Park Reco iCELLANEOUS ITEMS IP3 Memorandum from City Manager: ~ighborhood Housing Relations IP4 Letter from Randy Hartwig, Iowa City,Airport Commission, to Mayor Lehman: Commission Update IP5 Letter from Lynnette Ammar to Karin P,~anning and Development Director: Camp Cardinal Road and Kennedy Parkway included] IP6 Memorandum from Joe Flower, Director & Transit to Mayor Jacobsen: Fiscal Year 2005 Contract between the City of ity Heights and the City of Iowa City for Transit Services IP7 Memorandum from Klm Johnson, Pre to the City Manager: Agenda Items IP8 Copy of Article [Legislative News]: Iowa Status Update [Vanderhoef] IP9 Letter from Douglas K. True, V.P. for nance & C .~rations, U of I, to the City Manager: Melrose Avenue/Grand Avenue IP10 Letter from Kathy Spangler, Natio~ Partnerships to the City Manager: Quality Youth Sports Summit IP11 Iowa City Police Department U.' of Force Report: April IP12 Housing and Building Inspectio ~g Permit Informati¢ April 2004 IP13 E-mail from Jeff Reuter to Moran: Cancellation of Games [Staff response included] IP14 Ecumenical Towers: Ope May 20, 2004 IP15 Chauncey Swan Park: 2004 IP16 Iowa City Fire Depa ~ Annual Report IP17 Memorandum Steven Nasby, Community and Economic Developemnt Coordinator: Proposed CB-II: pported Municipal Improvement District Remonstrance Ma)/13, 2004 Information Packet /continued/ 2 I PRELIMINARY/DRAFT MINUTES IP18 Board of Ad April 14, 2004 IP19 Senior fission: April 20, 2004 IP20 Scattered Site Housi~ )ril 29, 2004 IP21 Senior Meeting: April IP22 Housing and Communib )ment Commissiol ~ri115, 2004 City Council Meeting Schedule and c,T~ or IOWA C~T~Work Session Agendas May ~3, 2004 www.icgov.org · FRIDAY, MAY 14 Emma J. Harvat Hall 8:30a Special Council Formal Meeting Executive Session - Staff Evaluations · MONDAY, MAY 17 Emma J. Ha[vat Hall 6:30p Council Work Session · Planning and Zoning Items · Free Medical Clinic Presentation · PIN Grants · Dog Park Recommendation · Agenda Items · Council Appointments · Council Time · Identification of Priorities for Discussion · TUESDAY, MAY 18 Emma J. Harvat Hall 7:00p Formal Council Meeting TENTATIVE FUTURE MEETINGS AND AGENDAS · MONDAY, MAY 31 Emma J. Harvat Hall Memorial Day Holiday - City Offices Closed · TUESDAY, JUNE 1 EmmaJ. HarvatHall TBA Special Work Session 7:00p Formal Council Meeting · MONDAY, JUNE 14 Emma J. Harvat Hall 6:30p Council Work Session · Planning and Zoning Items · Agenda Items · Council Appointments · Council Time · Identification of Priorities for Discussion · TUESDAY, JUNE 15 Emma J. Harvat Hall 7:00p Formal Council Meeting · WEDNESDAY, JUNE 23 Coralville City Hall 4:00- 6:00p Special CounciIWork Session Joint Meeting - Johnson County Board of Supervisors, Iowa City Community School Board, Cities of Coralville, North Liberty and City of Iowa City · Separate Agenda Posted Meeting dates/times~opics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters City of Iowa City MEMORANDUM DATE: May 12, 2004 TO: City Council FROM: Misha C. Goodman, Supervisor Animal Services RE: Off Leash Dog Recreation Area The Dog Park Action Committee has invested a tremendous amount of time researching various site areas in the Iowa City/Johnson county area. Members have consulted with me as well as city employees from parks and water divisions. The animal services division has seen a need for this kind of outlet for citizens and their dogs for some time now. Dogs in our society are now commonly maintained inside up to ten hours a day due to our work schedules. When citizens do get dogs out to exercise it is done on a leash greatly reducing freedom of movement for the animal. We have seen increases in sever separation anxiety and destructive behavioral issues in dogs, which in part are thought to be a result of our lifestyles and the lack of social outlets that exist for dogs. Doggie daycare programs have popped up across the country in the past few years giving some dogs an outlet for socialization and exercise. Daycare works well for dogs but is not an affordable option for all citizens. Social activities such as daycare and off leash parks help dogs become better (citizens) in our community. Well-socialized dogs have little problems with aggressive behaviors towards people or other animals. They are less destructive due to boredom and overall easier to handle and better behaved. Without a specified area, citizens who feel the need to exercise their dogs will do so in areas not intended for this purpose and in violation of the law. Many of our citizens do not have a yard in which to exercise an animal off leash in an enclosed space. Since the opening two years ago of the Cedar Rapids dog park, the park has seen great success in the large numbers of visitors from all over the area. Concerns relating to liability, dogfights, bites or injuries to humans, as well as poop pick up have proven to be non-issues across the country. Citizens who frequent these parks have a vested interest in keeping the parks safe for them as well as their dogs. I recommend that council approve the specified area of land in the peninsula area adjacent to the trails as an off leash dog area. This area will be easily accessible for Iowa City residents as well as Coralville. Once land is designated, the DogPAC group will be able to secure grants to fence and develop the park. Thank you for your consideration in this matter. City of Iowa City IP3 MEMORANDUM DATE: May 6, 2004 TO: City Council FROM: City Manager RE: Neighborhood Housing Relations The Fort Collins, Colorado City Council apparently talked about us. See page 2 - "Rental Regulations". DATE: April 27, 2004 STUDY SESSION ITEM STAFF: FischbaclVAtteberr~/ FORT COLLINS CITY COUNCIL Roy SUBJECT FOR DISCUSSION Neighborhood Quality of Life Task Force Update. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council wish to proceed with Mandatory Rental Registration with Voluntary Certification (Option 2) or Mandatory Rental Licensing (Option 3)? 2. Does Council wish to include any of the listed "Variables" in addition to Rental Registration or Licensing? 3. Does Council wish to retain any form of an occupancy limit and incorporate it into Rental Registration or Licensing? 4. What level of community outreach should staff undertake, and what kinds of feedback is Council seeking? Background and Work in Progress At the March 9, 2004 City Council Study Session C~uneilmembers were presented with a framework of three options designed to address a number of quality of life issues in Fo~t Collins neighborhoods. Council provided a range of feedback, including direction to implement Option 1 (policing strategies, code and system improvements, and marketing strategies) and provide further details on Option 2 (Rental Registration) and Option 3 (Rental Licensing). Several of the Option 1 strategies have been implemented and others are in process. On May 4, 2004 Council will consider first reading amendments to five ordinances dealing with unreasonable noise, animals, weeds and rubbish, outdoor storage and public nuisances. All changes are designed to enhance the City's enforcement of existing Code provisions. Concurrently, work is progressing to better inform citizens about the City's various codes and services such as the "Nuisance Hotline". Attachment A summarizes those efforts. Police Services is also moving forward with the implementation of strategies to increase training and supervision of officers assigned to party calls, closer tracking of these calls, and a pilot project to increase response to noisy party complaints during high call-load hours. Yet another strategy is that of creating a program called Community Party Partners, based on the existing CSU Party Partners program. This is an educational forum for any corramunity member who has received a noise citation. This un,ffleiS eOg~ Was downl0~d~ fro~ CityDo~ at ~!//ei~S fcg¢~ e*m F0radd 0hal nfo~ati~n o~n:0ffi~al~6~¥~pl~h~e~;C~lerk*giSffi~t 970) 2~1:6515 April 27, 2004 Page 2 Finally, staff from Police Services and the City Attorney's Office recently met with Judge Lane to discuss procedures relating to noise violations. As a result, there is no longer a "standard" penalty below the maximum of $1,000 and/or six months in jail for an unreasonable noise violation. However, portions of the fine and/or jail sentence can still be suspended on a case-by-case basis. These charges also axe now considered to be "mandatory court" so defendants must appear for arraignment. The impact of these changes, along with related internal procedural changes, will be monitored and reported at a later date. Rental Regulation: Best Practices and Other Con~nunity Programs As noted earlier, Options 2 and 3 specifically address regulation of rental housing. Staff conducted research from January- April 2004 by examining programs in other communities, with a focus on university towns with similar issues to those found in Fort Collins. Data was gathered on numerous city ordinances found in 15 conununities recommended by neighbors, Council and staff (see Attachment B). Telephone surveys were then conducted with seven communities: Boulder, CO Iowa City, IA Lawrence, KS East Lansing, MI Duluth, MN Chapel Hill, NC Blacksburg, VA Where possible, City staff talked with a staff person, landlord and resident in each community in order to gain a variety of perspectives as to each program's effectiveness. Attachment C summarizes those conversations. Several conclusions can be drawn: 1. Program goals and issues vary greatly from one community to the next. There are no easy "apples to apples" comparisons that can be quickly drawn. 2. Those communities who had some version of the Public Nuisance Ordinance stated th at it was their most effective tool; staff, landlords and residents generally agreed on this. 3. Perspectives on program effectiveness varied greatly from city to city and from person to person. Iowa City, Iowa seemed to have the highest overall marks from staff, landlords and residents. Census data indicates there were approximately 19,700 rental units in Fort Collins in 2000. Of these units, approximately 7,500 are single family detached, attached, and duplex rental units located in single fam/ly zoning districts. Appendix D illustrates the distribution of single family zoning districts throughout the city. Thus any program implemented in Fort Collins will potentially have a wide impact on a variety of stakeholders, including tenants, neighbors, property owners and property managers. Rental Regulation: Options for Fort Collins The analysis that follows looks closely at two potential programs for our community: Mandatory Rental Registration with Voluntary Certification (Option 2) and Mandatory Rental Licensing (Option 3). Within each of these, several "Variations" am listed for Council's consideration. One of these Variations, that of creating new, more enforceable occupancy limits, is discussed in greater detail in Attachment E. This ~0ffteial c0p~ ,,vas/10wnl0ad~d fr~ C~O~i ~ htt~i//e~¢i:i~i fcgOV e~rn : : IP4 IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 May 4, 2004 The Honorable Mayor Mr. Ernest Lehman ~.~ 410 East Washington {~ -~: ~ ~__~ Iowa City, Iowa 52240 Re: Commission update Dear Mayor Lehman: I wanted to keep the Council informed on what is going on at the Airport. Strategic plan - John Krstenansky, John Staley and Ron O'Neil met with Jeff Davidson on April 13th to discuss Jeff's role as the facilitator for our project. Jeff has provided the Commission with an outline for working toward completion of this project. The Commission will discuss the outline at our meeting on May 13th and will continue to move forward with developing a strategic plan. Environmental Assessment- A public meeting has been scheduled for May 20th at 6:00 p.m. for the Airport's Environmental Assessment. The assessment is required before the Commission can proceed with the Master Plan projects, specifically the Runway 07 project. After the public comments are addressed and incorporated into the report, the FAA will file a final report. At this time, there is no indication of any environmental factors that would prohibit the project from moving forward. The Commission will sign a contract with Earth Tech as soon as EA approval is received from the FAA. Design work can then begin on the Runway 07 project. The EA addresses the runway project, how to deal with Willow Creek through the Runway Protection Zone and options for resolving the issue of the United hangar as an obstruction. Aviation Commerce Park (ACP) - Iowa Realty is on board for the next ninety days to market and sell property in the ACP. The appraisal has been updated and there seems to be interest in some of the lots. Harry Wolf will be representing Iowa Realty on this project. The Commission will review their progress sixty days into the ninety-day term and evaluate whether to recommend an additional longer term or to advertise for other firms. Aircraft simulator - A full cabin-sized simulator has been built and is now operational in hangar # 35. It is a joint venture between the University of Iowa, NASA and Rockwell Collins. A demonstration is scheduled for 4:30 p.m. on May 13th before the monthly Commission meeting. You and the rest of the Council are invited to attend. It will be posted as a Commission meeting in the event there is a majority of the Commission at the demonstration. Annual fly-in breakfast- The annual SERTOMA breakfast is scheduled for August 29th. This event usually attracts a few thousand people who come to the Airport to eat breakfast and view different aspects of aviation. The Fire Department and Police Department also participate by setting up educational stations for those attending. The Council is invited to attend and SERTOMA would appreciate help from any Councilors wishing to volunteer some time to flip pancakes. FY 2005 budget- The Commission is completing an agreement for a new flight school business at the Airport. The income from the agreement will make up a majority of the $10,000 reduction required in the FY 2005 budget. Other cuts have been discussed to make up the additional amount. As always, you are invited and encouraged to attend the Commission meetings. Our normal meeting time is 5:45 p.m. on the second Thursday of each month, at the Airport Terminal Building. If you have questions or would like to discuss any of this information in more detail, please contact me at 337-2101 or the Airport Manager at 356-5045. If you would like a representative from the Commission or the Airport Manager to attend a Council meeting to discuss anything involving the Airport, please let me know. rtw~rson Iowa City Airport Commission Cc: City Council Airport Commission Steve Atkins, City Manager Sue Dulek, Assistant City Attorney Ron O'Neil, Airport Manager Lynnette Ammar 74 Burr Oak Court Iowa City, Iowa 52246 April 27, 2004 Karin Franklin Iowa City Planning and Development Director Planning and Zoning Commission ~- 410 East Washington Street ~/' '~' Iowa City, Iowa 52240-1826 ._a Dear Ms. Franklin: I am writing you concerning the April 14, 2004, Press Citizen article regarding Camp Cardinal Road and Kennedy Parkway. I am a resident of Walnut Ridge subdivision residing at 74 Burr Oak Court. My husband, Rick, and I have two boys ages three and five. It is their safety that is paramount in my mind. For this reason, I ask for your consideration. Walnut Ridge is comprised of one hundred lots all of which must interact with Kennedy Parkway either directly from their driveway or by exiting one of eight cul-de-sacs. None of the cul-de-sacs have sidewalks. For anyone to walk a dog, go for a jog, push a stroller, pull a wagon, or ride a bike, one must use the street until we approach the only sidewalk in the subdivision. This sidewalk is on the opposing, side of Kennedy Parkway for the majority of the cul-de-sacs. Of particular concern is the fact that for my family to use this sidewalk, we must cross Kennedy Parkway not once but twice because of the road pattern at the exit/entrance to Burr Oak Court. This particular site is at the bottom of both the north and south lane descents resulting in an obscured view. Expanding the volume of traffic on Kennedy Parkway not only endangers the safety of adult pedestrians, but also more significantly endangers small children and older citizens. Opening Kennedy Parkway to allow for more traffic through this area is something I urge you to reconsider. I would encourage you to drive through the subdivision up to the end of Kennedy Parkway paying particular attention to your speed. The end of Kennedy Parkway is at the top of a hill and the Burr Oak Court outlet onto Kennedy Parkway is at the bottom of this hill. I have seen cars coming down this hill at 45+ mph. Because I am a mother of small children and a former trauma intensive care nurse, I am aware of how my own speed affects others. I must honestly tell you that each time I drive out of Walnut Ridge, I have to fome myself to pay attention to my speed. It is easy to coast or accelerate along Kennedy Parkway. Imagine how fast teenagers, distracted drivers, and people passing through will travel through this area. For the lives of my children and others I implore you not extend Kennedy Parkway. I have seen the plat of Cardinal Ridge and it appears that Kennedy Parkway makes a straight approach to Camp Cardinal Road. With such easy maneuvering it is no doubt going to receive a lot of traffic and negatively affect the safety of the residents of Walnut Ridge. I appreciate your time and consideration. I can be contacted at 358-7651 or by em~il at Ira316~laotmail. con~ Sincerely yours, Lynnette Ammar cc: Mr. Robert Downer Attorney Meardon, Suppell, and Downer PLC Mr. Ernie Lehman Mayor Iowa City Mr. Mark Winkler President Walnut Ridge Honleowners Association Mr. John Yapp Planning and Zoning Commission CITY OF IOWA CITY May 12, 2004 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 Lynette Ammar (3 ~ 9) 356-soo9 ~^x 74 Burr Oak Court www.icgov.org Iowa City, IA 52246 Re: Kennedy Parkway Dear Ms. Ammar: Thank you for your letter of April 27m concerning Kennedy Parkway, I appreciate your concern for the safety of your children and other residents of Walnut Ridge when crossing Kennedy Parkway. Walnut Ridge was originally subdivided in 1989. As with all subdivisions in Iowa City the primary street, Kennedy Parkway, was designed to serve this subdivision as well as property to the west. A street was not extended to the east since the abutting property is owned by the University and development of that land for other than University uses is not anticipated. With this initial platting the developer argued successfully before the Council that the street should be a rural cross- section, that is, the street should not have curbs and there should be no sidewalks. Presumably, this was the developer's evaluation of the market at the time. This position was not supported by the staff. Subsequently, the developer reconsidered and built the street to City standards with curbs and chose to place a sidewalk on one side of the street. The street was designed in a circuitous fashion with bifurcations (periodic medians) to deter traffic at high .speeds. There was recognition that this street would handle more traffic than a local residential street and that it should be designed to handle this traffic but not encourage speeding by being straight shot. As Kennedy Parkway is extended to the west, other design elements such as traffic circles and offsets will be evaluated to deter use of Kennedy Parkway by through traffic and to slow down local traffic. The staff will also advocate the construction of sidewalks on both sides of the extension. I am sorry we cannot grant your wishes of ending Kennedy Parkway at its current location. To do so would mean one means of access for approximately 168 acres of development. This would be contrary to our standards and poor planning for the future of your neighborhood. Dept. of Planning & Community Development Cc ~.~ity Council City Manager Planning & Zoning commission Robert Downer Mark Winkler John Yapp IP6 CITY oF IOWA CITY May 5, 2004 410 East Washington Street Iowa City, iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Ms. Gloria Jacobsen, Mayor City of University Heights 1004 Melrose Avenue Iowa City IA 52246 Re: Fiscal Year 2005 Contract Between the City of University Heights and the City of Iowa City for Transit Services Dear Mayor Jacobsen: The City of Iowa City proposes continuing the annual contract for transit service to the City of University Heights for Fiscal Year [FY] 2005 starting July 1, 2004. The proposed annual cost is $28,680. The City of Iowa City used the national consumer price index [CPI] for 2003 [+2.2%] to determine this amount. The FY04 contract amount is $28,069. If this is acceptable, please let me know at your earliest convenience and I will have the Johnson County Council of Governments draft the necessary contract documents. If you have any questions about the Iowa City Transit budget or Iowa City Transit operations, feel free to contact me at 356-5156. Thank you for your consideration of this matter. Sincerely, Joe Fowler Director, ParRing & Transit U:\MSOFFICE\WINWORD\ 1TRANSlT\lCT\uhtsfy05,doc cc: Jeff Davidson, JCCOG Kevin O'Malley, Finance Director Ron Logsden, Manager, Iowa City Transit Iowa City City Council Iowa City City Manager Steve Ballard, City Attorney, City of University Heights City of Iowa CityiP7 MEMORANDUM From: Kim Johnson,,~),~,~ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the May 18th Council meeting: 1) Scott Park Trunk Sanitary Sewer Project Contractor: Bockenstedt Excavating o:. Project Estimated Cost: $ 450.000.00 *;. Project Bid Received: $ 216,381.60 .;* Project Actual Cost: $ 209,452.32 From Council Member Vanderhoef Legislative Status Update at www. iowaleague.org <http://www. iowaleague.org/Legislative/LegislativeNews.aspx> Successes in 2004 lay groundwork for 2005 policy development In the wake of a difficult 2003 session that included threats to local economic development and severe funding reductions, cities chose a positive, proactive legislative agenda for 2004. Good results were achieved in all four priority areas. Efficient Government The governor signed HF 2404, a bill that streamlines the process to authorize a city-county consolidated government and makes changes related to multicounty consolidation. He also signed SF 2284, authorizing establishment of regional transit districts in certain counties and cities. Other areas in Iowa hope to be included in the authorization in the future. A proposal to expand the scope of "community clusters" under Code of Iowa Chapter 28E was amended out of the omnibus appropriations bill (SF 2298) just before final passage, but will likely be revived in 2005. Next year, legislators are expected to remain interested in efficiency incentives but cautious about potential tax impacts. Mandate Relief Cities were pleased that legislators fulfilled their obligation to reimburse local governments for most of the cost of state-mandated property tax credits. ^ law that protects certified budgets by allowing proration of any shortfall remained intact, and funding for the credits remains a standing appropriation for 2005. This helps to ensure legislators will publicly debate the issue before implementing threatened reductions next yeah A bill containing several mandate relief items, such as increasing the public bid threshold for building construction and making some municipal financing improvements, failed the first funnel However, discussion about amending these proposals onto separate bills continued until the end of session and improves the potential for achieving these goals in the future. City Revenues The proposal to expand revenue options available to cities in order to lessen dependence on property taxes has laid some excellent groundwork for consideration of the State Tax Implementation Committee. Many of the suggested revenue options, including park development fees, local income tax, and a public safety levy, were incorporated into a "Freedom Communities" bill. VVhile that proposal found little traction, legislators have charged the tax committee with analyzing revenue options available to local governments as they consider alternatives to the current property tax system. HF 2560, a bill that requires counties to negotiate emergency services agreements when townships fail to do so, awaits the governor's signature. Economic Development & TIF Legislators continue to recognize the value of Tax Increment Financing (TIF), making no changes to the economic development tool this year. The League priority of continuing the Community Attraction 2 and Tourism (CAT) program beyond 2004 was achieved, with the program extended until 20`10. Projects that would fit the criteria for Vision Iowa funding are also eligible to apply for CAT money. Several League-supported economic development bills await signing by the governor, including SF 229'1 which provides a redevelopment incentive for abandoned properties. The League will build on its 2004 progress with the 2005 policy development process that occurs in the summer and fall. Members of the League's Legislative Policy Committee will meet on June 30th and August '12th to outline priorities for the executive board's consideration. The board's recommendations will be voted on by League members at the Annual Conference in Sioux City in September. City officials can be.qin contributin,q to the process now by completin,q the policy survey available here <http://www. iowalea.que.org>. Back to top Sine Die The second regular session of the 80th General Assembly adjourned "sine die" Tuesday, April 20. The term, sine die, is Latin for %vithout a day." When the legislature adjourns during the session, the chair announces a specific date when the body will reconvene. When it is time to conclude for the session, the adjournment is without a date to reconvene - or sine die. The governor has indicated he will sign the $5 billion budget bill and not call a special session this year - the first time in three years lawmakers have not returned to address budget and policy issues. Lawmakers could potentially be brought back due to unforeseen state revenue shortfalls or a decision by the Supreme Court on the lawsuit filed last year by Republican Leadership on the use of the governor's item-veto power. Back to top TIF left unchanged in '04 No change was made to Tax Increment Financing (TIF) law in the 2004 session. Although behind- the-scenes discussions occurred on possible amendments to HF 686, no agreement was reached and the bill was allowed to die. HF 686 is TIF legislation that passed the House in 2003 but languished on the Senate calendar this year. Key legislators have said that major TIF policy reform is unlikely to be an issue in 2005. That means, for example, that we should not see endorsement of proposed sunsets to slum and blight TIF districts or prohibition of TIF for fire stations or libraries. However, legislators do expect to have continued concerns about the state "backfill" to schools resulting from TIF districts. That amount is projected to be approximately $30 million for the 2005 fiscal year. A strong argument can be made that $30 million is a reasonable investment for statewide economic development. The state annually benefits well beyond that amount from increases to sales and income taxes as a result of TIF. However, the League has remained steadfast since 2003 that should legislators decide backfill must come from future increment, then all current investments must be protected and some municipal financing improvements must be allowed. A proposal was drafted in the 2004 session that provided for the state to continue the backfill for at least '10 years. Bond amounts subject to reverse referendum would have been increased, and regional support of nonprofit developments would have been enabled through improvements to Code of Iowa Chapter 419. Any change to TIF risks negatively impacting economic development in Iowa. The League will continue to adamantly support TIF as the primary tool for economic development at the local level. Back to top Abandoned buildings bill awaiting final signature Legislators provided a new community development tool with the passage of SF 2291. This bill shortens the time needed for cities to acquire an abandoned property from nine months to about three months, and targets a lengthened tax abatement option to rehabilitation of these properties. The current maximum limits of a three-year full abatement or 10-year phased abatement are expanded to five and 15 years for abandoned properties only. The governor is expected to sign this bill, which can help to improve neighborhoods in cities across the state. SF 2291 also clarifies existing tax abatement law contained in Code of Iowa Chapter 404. For example, it will be more obvious that communities can adopt a shorter abatement timeframe than the maximum which is outlined in the Code. Special residential housing abatement restrictions contained in Section 404.3A are now cross-referenced in Chapter 404 for clarification purposes. A review of this bill and the abatement process will be highlighted in June's Cityscape. Back to top Governor vetoes air legislation This legislative session once again focused on air quality regulations for ammonia and hydrogen sulfide. Although the bill received bi-partisan support in both the House and Senate, HF 2523 was vetoed by the governor. This veto follows last years nullification of Iowa Department of Natural Resources (IDNR) rules that potentially would have forced city wastewater facilities to comply with stringent outdoor ammonia and hydrogen sulfide emissions standards. Although HF 2523 primarily concentrated on animal feeding operations, one section would have provided additional protection for air quality regulations applied to city wastewater facilities and businesses throughout the state. The section prohibited the IDNR's Environmental Protection Commission (EPC) from adopting an ambient (outdoor) air quality standard if the US Environmental Protection Agency had not yet adopted a standard. The League has participated with the Air Quality Coalition along with numerous agriculture and business interest groups for the past two years. The goal of the coalition was to protect the health of Iowans while supporting environmental rules and regulations based on science. HF 2523 used a standard based on the recommendations of the Centers of Disease Control, a widely recognized public health agency. As a result of the veto by the governor, the League will continue participating in the coalition to monitor changes and impacts of air quality standards for ammonia and hydrogen sulfide. Back to top E911 passes after a few surprises Hotly contested legislation making changes to the E911 system took an interesting turn on the last day of session. Early in the week the Senate refused to concur on the House's version of E911 legislation because it did not include an increase in the surcharge charged to wireless customers and cost recovery for wireless providers. The League had joined a coalition of public safety groups last year to increase the surcharge to expedite the completion of Phase 2, which is essential for public safety personnel to locate a caller dialing 911 on a wireless phone. Wireless callers currently make up approximately half of the calls to 911, but unlike wire-line calls they do not provide public safety personnel a pinpointed location and a displayed callback number. Phase 2 will correct that problem. A rare conference committee was convened to find a compromise between the Senate's desire to increase the surcharge by 15 cents, and House Leadership's pledge to not increase any fees this session. The conference committee's report was accepted by the House and included no additional surcharge, but again the Senate refused to concur. At that point it appeared E911 legislation was dead for the remainder of session. However, on the last day the Senate amended their original legislation increasing the surcharge from 50 cents to 65 cants onto the state omnibus appropriation bill, SF 2298. The House, unable to amend the 200-page bill, had little choica but to concur on the legislation and it now awaits the governor's signature. Back to top Temporary appointments created The governor recently signed League-requested legislation, HF 2340, allowing council members and mayors called to active duty to continue their term without having to resign their position. The legislation creates a temporary vacancy for local government officials and includes school board members, county supervisors, hospital trustees, and city elected officials called to active military duty for longer than 60 days. A temporary vacancy may be filled by an appointment by the majority of the remaining members of an elected body. The replacament serves until the official has been released from active duty. The legislation is effective immediately and the League looks forward to this legislation allowing our military members the ability to continue serving their communities. Back to top Tax Implementation Committee is changed Changes to the structure for the Property Tax Implementation Committee were made in the omnibus appropriations bill, SF 2298. The governor could line-item veto the changes, but that is not expected. The committee is now called the State Tax Implementation Committee to reflect a widened scope of work. This includes the review and analysis of: '1 ) revenue sourcas available to the state and local governments; 2) reductions in state or local taxes made available by state statute or local ordinance; 3) state reimbursement of property tax credits; 4) services provided by local government; 5) the role of property taxes in funding local government servicas; and 6) alternative systems of property taxation. State and local taxes will be studied from the standpoint of neutrality, competitiveness, simplicity, stability, and equity among classes of taxpayers and within the same class. Committee membership is slightly altered. A representative of the utility industry is added, while at- large representation is reducad to one seat. Sinca the committee already has two such members, one must be removed. The act clarifies that state agency appointees to the committee are non-voting 5 members. The square foot value approach for property taxation was not repealed in the act, even though the committee abandoned that approach by consensus earlier this year. It is unclear whether any effort will be made to bring those provisions back to the committee for consideration. The only vote that can be made by the committee is one approving its final report, which is due by the end of the 2005 session. Committee co-chairs Representative Jim Kurtenbach (R-Nevada) and Senator Bryan Slavers (R-New Liberty) say they intend to have recommendations ready when session convenes in January 2005. The legislature must vote to approve any change to the current property tax system. The next committee meeting is targeted for mid-May, with regular meetings to be held every three or four weeks until session begins. The League will closely monitor the committee's actions. The League has also established a Local Government Tax Group to prepare a property tax proposal for consideration by the League's Executive Board. Back to top Constitutional amendment moves forward One of the final pieces of legislation to pass this year was a resolution proposing an amendment to the Iowa Constitution. This resolution does not require approval by the governor. Often referred to as the "People's Right to Vote," this amendment has numerous repercussions for local governments. The amendment will require voter approval for any tax or fee increase adopted by the legistature in any fiscal year that exceeds one percent of the state general fund revenue; or approximately $46 million. Any tax or fee increase in property, sales or income over the threshold will trigger a vote of the people and cannot take effect unless a majority of Iowans approve the measure. The only exception is the expenditure for the growth in the school aid formula. In addition, road use tax fund increases would not require voter approval. Local governments will be concerned about how the amendment could potentially affect the structure of property and sales tax. Since the proposed amendment defines "increase" to include "broadening the base.of a tax or fee in any way," it could impact legislation regarding the residential rollback, equity among property classes, apartments, and various other property and sales tax issues. On a positive note, any cut in state payments, e.g., property tax credits to local governments or unfunded mandate language over the one percent threshold, would require voter approval. Passage this session by both chambers is only the first step in amending the state's constitution. The resolution requires an additional vote by the legislature in 2005 or 2006, followed by voter approval by citizens in the 2006 state general election. Back to top Infrastructure funding provided for FY 05 Once the gaming debate concluded, lawmakers were able to decide on infrastructure spending. Many League-supported programs are in this infrastructure funding including brownfield redevelopment, airport, library, fire safety funding, and the Resource Enhancement and Protection (REAP) program. 6 After a controversial amendment was accepted by the House to extend bonding and create additional funding for the Vision Iowa program, the infrastructure legislation was in flux because of disagreement between the chambers. Instead of debating the House bill, the Senate decided to amend the infrastructure provisions without Vision Iowa bonding to the omnibus appropriations bill, SF 2298. Although the Senate removed additional Vision Iowa funding, it did continue funding to the Community Attraction and Tourism (CAT) program. The program will receive $12 million per year for the next 6 years. It will be paid by a portion of the Rebuild Iowa Infrastructure Fund (RIIF) and the bank franchise tax cities were no longer receiving after FY 04. CAT had been receiving $12.5 million annually. The enhanced program is being called "Super CAT" and allows Vision-Iowa sized projects exceeding $20 million to apply. The Vision Iowa Board, which will continue to administer CAT, can make multi- year commitments to a single project of no more than $4 million per year. To date 119 projects have benefited from more than $41 million in CAT grants. Back to top ew Laws to be sent in June The 80th General Assembly has come to an end. However, the work for city officials is just beginning. To assist city officials with familiarizing themselves with the numerous laws affecting local governments, the League will publish its annual New Laws of Interest to Cities. This publication will include approximately 50 digests of laws impacting cities that were enacted during the 2004 legislative session. Although never a replacement for reading the complete enrolled legislation, this publication is a vital tool as city officials make required changes to ordinances and other operating procedures to comply with the new statutes. In addition, New Laws includes appendices on complex topics and information on state appropriations to programs where money is available for local projects. The majority of laws become effective July 1, 2004, so New Laws will be mailed before then. If you have any questions about this publication, please contact the League at (515) 244-7282 or cv(~,iowa lea.que, or,q <mailto: cv~,iowalea.que, or.q>. Back to top Books can only teach so much When I began this internship, I wasn't really sure what to expect. While I had studied the concepts and the ideal procedures involved in the legislature through my coursework at Iowa State University, I knew little of how the legislature actually worked, and even less about how lobbying aided in the legislative process. What I have learned is that political concepts in reality are very different than they are in a textbook; and situations in which negotiations and decisions are made are, more often than not, less than ideal. This session has been the experience of a lifetime, and I would do it over again if I had the chance. Working with Susan Judkins, Konni Cawiezell, and others has been an enlightening experience, and there are several things they have taught me. One thing Konni showed me is how important it is to 7 know that it can't be business all the time: being a friend with a legislator is just as important as a working relationship. The atmosphere between friends can be much more real and honest than the atmosphere between two people who barely know each other. Susan has showed how important it is to never burn bridges: even though a legislator may vote contrary to the way the League believes, that legislator could be the key to passing something the League really wants. For that reason, it is necessary to always stay on friendly terms, even if there is disagreement. Konni showed me the importance of being passionate about the issues that matter, and Susan showed how keeping a cool head when things don't go the League's way is just as important. Although stressful, session was also exciting and suspenseful. It gave me a wonderful chance to learn about the legislative process from a different perspective, and the opportunity to work with and learn from wonderful people. I would like to say thank you to the League for a great experience. By Bridget Blair, Legislative Intern Back to top Thanks to all The League would like to thank city officials for their participation in the legislative process. Although the League's voice is constantly present at the capitol, it is the countless phone cells, visits and emails to lawmakers from city officials that can make the difference. League lobbying is enhanced greatly by the presence of its members across the state. The communication between city officials and lawmakers shouldn't end on sine die. The legislative elections taking place this November are extremely important. City officials must make it a priority to keep the legislative issues impacting cities at the forefront. Please visit the League's web site often for legislative news on the interim meetings of the state property tax implementation committee, the League's legislative policy process and other important information. Back to top You are receiving this electronic ye{sion of the Legislatf~e Bulletin as a member service of the Iowa League of Cities. THE ~ office of the Vice President for Finance and Operations OF IOWA ,o~ City, Iowa 52242-1~16 May3,2004 ~, / Stephen Atkins Gity Manager, Iowa Gity 4~0 E. Washington St. Iowa Gity, IA 52240 ~ar Stove: lhank you for a copy of Gouncirs R~solution 04-52, outlinin~ tho ci~'s commitment to mow fo~ard with tho traffic improvements in the ~wnu~/Gmnd ~venue ama. lh~ ~niwrsi~ suppods tho On~-Way concept laid out in tho study and is appmciatiw of tho Gity'a offods to holp aocum fundin~ for the South Grand Avenue impmwmonts to ~o implomonted no~ year. lhi~ will allow us to move [o~ard with improvements to tho traffic flow and parkin~ expansion. Tho ~1 a~roos with tho city in its resolution that, "the Melmso Avanuo/Gmnd Awnuo Traffic Operations Study Final Roped bo adopted as a ~uidoline for docision makin~ on tho tmnspodation system in tho Melrose Avo/Byin~ton 8oad/Gmnd Avenue ama." Various members of our staff are involved in this transpo~ation plannin~ and will offor assistance the Gity might need. ~lannin~ and Tmnspodation staff at HI Doliovo that tho entire plan would n~od to ~e implemented through a sodas of phases: each evaluated as we move into dosion. One specific point of interest to them is the redesign of the radius of the Byin~ton cu~e alon~ tho west od~o of tho kaw School. It is unclear whether this would be essential to the success of th~ project, and it could be quite expensive. At aach phaso of impmwmont tho ~1 will work coopomtNoly with tho Gity to mfin~ design details and make no~dod judgments, lhank you. Sincerely, Vice President for Finance & Operations xo~ ^ ~~,,~ · National and Park - _ Z-c- ASsociation May 5, 2004 Dear Mr. Atkins, It is a pleasure to inform you that your park and recreation department is one of thirty-seven communities that have been selected by the National Recreation and Park Association (NRPA) and the National Football League (NFL) to improve the quality of youth sports nationwide. Specifically, this project will emphasize youth development outcomes while working with parents, coaches, and youth sport organizations to utilize public spaces and enrich all youth sport experiences from ieaming basic skills to participating regularly. Matt Eidahl, from your local park and recreation department, recently attended a summit at NRPA Headquarters to build consensus and define outcomes for this landmark initiative that endeavors to launch a new standard of practice for youth sports in America. We are privileged to be working with the National Football League and your park and recreation department to foster youth through sports, provide access and opportunity for youth to be more physically active, and to support adults feeling more confident as role models through sports. Over the next few months, your support is requested as efforts to host a Quality Youth Sports Summit are implemented in your community this summit will help focus on youth development outcomes that are achievable and measurable. A Youth Sport Festival will also be implemented to expose mom young people to the basic skills of sport so that they can participate with confidence and be successful among their peers. Lastly, communication strategies will be implemented to inform adults involved in youth sports how to create a positive youth development environment through the sport experience. We are excited to learn fi'om your community so that we might ensure that all youth benefit from a positive sport experience. Our goal is to have participating park and recreation departments take a leadership role to educate and train adults about youth development strategies that foster positive values among all youth through sports. We believe that it is the responsibility of the public sector to set the stage for such a community-wide effort. We invite you to recognize your local park and recreation agency for its national leadership and to support their local efforts to develop new standards of practice that benefit both youth and adults involved in sport. Thank you in advance for your interest and support of this national initiative. Sincerely, Kathy J. Spangler, CPRP National Partnerships Director IPll IOWA CITY POLICE DEPARTMENT ~ 0qaq ~ USE OF FORCE REPORT /%~} April 2004 OFFICER DATE INC # INCIDENT FORCE USED 16 04-01-04 4-17248 Injured Animal The officer used his side arm to dispatch an injured deer. 55 04-02-04 4-17354 Disorderly Conduct The subject was placed under arrest after the officer observed him striking construction signs and acting out of control. After placing one of the subject's wrists in a handcuffthe subject tensed up and verbally told the officer that he xvould not comply. When the officer attempted to place the subject's other wrist in a handcuffthe subject physically resisted. The officer applied active counter measures and directed the subject to the ground where he was then handcuffed. I 04-02-04 4-17450 Medical Assist Officers responded to a complaint ora person lying unconscious on the sidewalk. While speaking with officers the subject became verbally aggressive and attempted to leave by pushing past the officers. He was told that he was under arrest and resisted officers' attempts to handcuff him. He was directed to the ground where officers used a hands control technique to place his hands behind his back. After being walked to the patrol car he refused to get in and had to be directed into the back seat. 60, 11 04-03-04 4-17582 Assault an Officer The subject had been arrested and handcuffed but refused to get into the back seat of the patrol car. When the officer attempted to direct the subject into the backseat the subject started kicking him. The subject was sprayed with a chemical agent and removed from the car. He was then placed in leg restraints and placed back in the patrol car. 60 04-03-04 4-17591 Fight The subject, who was actively engaged in a fight, was directed to the ground by the officer and handcuffed. OFFICER DATE INC # INCIDENT FORCE USED 60 04-03-04 4-17599 Fight The subject was observed punching another individual. When the officer grabbed him and told him that he was under arrest he physically resisted. The officer directed the subject to the ground where he was handcuffed. While walking the subject to the patrol car the subject became uncooperative and was again directed to the ground. The officer held him on the ground until he calmed down. 2 04-15-04 4-20194 Fight While escorting a subject offofa city transit bus for fighting the subject lunged at the person he'd been fighting with. The officer grabbed him by his arm and shoulder, pulled him back and escorted him off the bus. 31 04-16-04 4-20435 Disorderly Conduct The officer was assisting another officer in a foot chase. A civilian saw the foot chase and grabbed the suspect by the arm as he ran past and held him for the officer. The officer grabbed the suspect, who was still trying to get away, in a "bear hug" and ordered him to the ground where he was handcuffed. 13 04-17-04 4-20739 OWI While being placed in the patrol car to be taken to j ail the suspect attempted to flee. The suspect was directed to the ground and then had to be physically escorted back to the patrol car. He was transported to the jail without further incident. 51 04-17-04 4-20740 Shots Fired Officers responded to a complaint of shots fired. Upon arrival they observed a subject toss a handgun out a window. The officers knocked on the door to the address where they saw the gun get tossed from. When the subject answered the door the officer had his sidearm out and pointed it at the subject. The subject complied with officer commands to lie on the floor and was handcuffed. The officer holstered his sidearm after the suspect was secured. 13 04-22-04 4-21849 OWI The subject, who was agitated and making threats towards the officer, was at the ICPD for a breath test. At one OFFICER DATE INC # INCIDENT FORCE USED point he got up from his chair and told the officer that he could make him (the officer) shoot him. The officer directed the subject back to his seat, where the subject complied with all further officer requests. 9, 11 04-24-04 4-22419 Theft The subject was placed under arrest for public intoxication, but actively resisted officers' attempts to handcuff him. One officer administered active counter measures while the other deployed a chemical agent. The subject then stopped resisting, was handcuffed and transported to the jail. 11, 58 04-24-04 4-22429 Fight The officer grabbed the subject's arm when he attempted to leave while being interviewed. The subject disregarded officer commands to stop and was directed to the ground. The officers' attempts to place the subject in handcuffs were unsuccessful and a chem/cal agent was deployed. At this point the subject complied with officer commands to place his hands behind his back and he was handcuffed. 85 04-24-04 4-22533 Welfare Check The officer drew his side arm while assisting another agency on a welfare check of a suicidal subject. After entering the residence and fmding the subject unarmed the officer secured his weapon in its holster. 51 04-24-04 4-22554 Disturbance After being placed under arrest the subject refused to walk to the patrol car. The officer physically escorted her to the car. Upon arriving at the jail she refused to walk into the building. The officer again had to physically escorted her into the jail. 60 04-25-04 4-22591 Open Container After refusing to identify himself to the officer, the subject was told that he was under arrest. The subject did not place his hands behind his back as commanded and attempted to pull away from the officer who had grabbed him by the arm. The officer directed the subject to the ground where a hands control technique was used to handcuff him. The subject was transported to OFFICER DATE INC # INCIDENT FORCE USED JCSO without further incident. 20 04-28-04 4-23179 Assist Other Agency After the officer advised the subject that there was a warrant for his arrest and that he needed to place his hands behind his back, he elbowed the officer causing him to fall to the ground. Afier a shor~ foot chase the subject was directed to the ground where he continued to resist and refused to show the officer his hands. When the officer deployed a chemical agent it had little or no effect on the subject. The officer then used active counter measures which caused the subject to reveal he was holding a bag of heroin m one hand and a bag of cocaine in the other. Because the subject continued to actively resist, the officer again administered active counter measures before the subject complied and placed his hands behind his back as ordered. 51 04-30-04 4-23431 Suspicious Vehicle Officers received a report of a reckless driver, who also had a gun in the vehicle. The officer conducted a felony stop on the vehicle. During the stop the officer had drawn his side arm until the driver and the vehicle were secured. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library BUILDING PERMIT INFORMATION April 2004 KEY FOR ABBREVIATIONS · Type of Improvement: ADD - Addition ALT- Alteration REP- Repair FND - Foundation Only NEW- New OTH - Other type of construction Type of Use: RSF- Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAC - Residential Accessory Building MIX- Mixed NON- Non-residential OTH- Other Page: 2 City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/1/2004 Census Bureau Report From: 4/30/2004 Type Type Permit Number Name Address Impr U~ Stories Units Valuation BLD04-00135 IOWA CITY SCHOOL DIST 3100 WASHINGTON ST ADD NON 1 2 $1,200,000 PENTHOUSE ADDITION FOR HVAC SYSTEM WITH WELLS BLD04-00281 CITY OF IOWA CITY 200 PARK RD ADD NON 1 2 $22,500 STORAGE ADDITION FOR STAGE [ Total ADD/NON permits: 2 Total Valuation: $1,222,500/ BLD04-00248 SHELBY SUE CONNER 2341 WILLOWBROOKELN ADD RMF 2 1 $10,207 3 SEASON PORCH ADDITION FOR RMF UNIT I Total ADD/RMF permits: I Total Valuation: $10,207 i BLD04-00257 ROBERT & ROSALIE MONIN 320 RONALDS ST ADD RSF 2 1 $149,619 ADDITION FOR SFD BLD04-00275 ROBERT HIBBS 606 RENO ST ADD RSF 1 2 $75,000 ADDITION TO SFD BLD04-00222 BEVERLY B L1NDSEY 1406 ASH ST ADD RSF 1 0 $33,100 12' X 16' SINGLE STORY ADDITION BLD04-00174 STEPHEN D HENDRIX 738 DEARBORN ST ADD RSF I 2 $20,000 KITCHEN ADDITION TO SFD BLD04-00202 LONNIE & DIANE BORSETH 134 SHRADER RD ADD RSF 1 1 $20,000 1 CAR ATTACHED GARAGE ADDITION TO SFD BLD04-00280 TOM & JANE DREWS 3154 WASHINGTON ST ADD RSF 1 2 $20,000 ADDITION FOR SFD BLD03-01012 PATRICIA J ROE 150 SHRADER RD ADD RSF I 0 $16,500 14' X 18' SINGLE STORY ADDITION BLD03-00436 KEVIN C & CARLA R KREG[ 2035 RIDGEWAY DR ADD RSF 1 0 $15,000 SCREEN PORCH BLD04-00250 JACK & PATRICIA SALLAD) 817 NORMANDY DR ADD RSF 2 1 $14,531 3 SEASON PORCH ADDITION FOR SFD BLD04-00223 PHILIP H KARl) 1845 GRASLON DR ADD RSF 1 0 $12,800 THREE SEASON PORCH BLD04-00238 RICH STRAUSS 1129 DENBIGH DR ADD RSF 2 12 $10,246 SCREEN PORCH ADDITION FOR SFD BLD04-00290 C LEO & JOAN BUELL 1809 LAKESIDE DR ADD RSF 1 1 $10,000 3 SEASON PORCH ADDITION FOR SFD BLD04-00225 DOUGLAS L & MELODY D lq 1253 FLAGSTAFF DR ADD RSF I 0 $6,500 12' x 12' SCREEN PORCH OVER EXISTING UNCOVERED DECK BLD04-00277 BRUCE & SUZANNE WRIGH 3023 COURT ST ADD RSF l 2 $4,400 DECK ADDITION FOR SFD BLD04-00200 JAN B & LEANNE M WHITL( 669 TIPPERARY RD ADD RSF 1 1 $3,200 DECK ADDITION TO SFD BLD04-00296 DAVID HANSON 54 REGAL LN ADD RSF 1 1 $2,772 SCREEN PORCH ADDITION FOR SFD BLD04-00198 WALTERS, CLIFFORD 1132 SPRUCE ST ADD RSF 1 1 $2,000 DECK ADDITION TO SFD Page: 3 City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/1/2004 Census Bureau Oe"o- From: 4/30/2004 Type Type Permit Number Name Address lmpr U~ Stories Units Valuation BLD04-00245 GREG L & LORI A NUTTER 1732 DOVER ST ADD RSF 1 1 $1,200 DECK ADDITION FOR SFD BLD04-00258 MARGARET M PASSERI 1304 DAVENPORT ST ADD RSF 1 0 $1,000 UNCOVERED WOOD DECK Total ABB/RSF permits: 19 Total Valuation: $417,868 ~ BLD04-00187 FIRST STUDENT INC 1515 WILLOW CREEK DR ALT NON 1 2 $62,000 1NTERIOR REMODEL OF TRANSPORTATION OFFICES BLD04-00272 GEORGE BARLAS 121 -23 COLLEGE ST ALT NON 2 2 $5,000 INTERIOR ALTERATION OF BAR BLD04-00253 THE CHURCH IN IOWA CIT5 2040 KEOKUK ST ALT NON 1 1 $1,000 CHANGE OF USE FROM INSURANCE OFFICE TO CHURCH [ TotalALT/NON permits :3 TotalValuation: $68,000i BLD04-00201 STEPHEN T CLARK 2021 -23 DAVIS ST ALT RDF 1 1 $1,500 BASEMENT BEDROOM FOR RDF UNIT [ Total ALT/RDF permits: I Total Valuation: $1,500i BLD04-00295 FRANTZ CONSTRUCTION CI 1619 CLIFFORD LN ALT RMF 1 I $3,992 BASEMENT BATHROOM FOR RMF TOWNHOUSE UNIT I Total ALT/RMF permits: I Total Valuation: S3,99zi BLD04-00219 DONALD W BLACK 715 PARK RD ALT RSF 1 1 $50,000 INSTALL KITCHEN 1N ATTACHED GARAGE AND INSTALL WALLS IN 2ND FLOOR BATH BLD04-00291 DEBRA KAY 2531 POTOMAC DR ALT RSF 1 1 $48,000 BASEMENT FINISH FOR SFD BLD03-00814 DWIGHT A DOBBERSTEIN ~ 311 DAVENPORT ST ALT RSF 2 1 $33,344 CONVERT S.F.D. TO DUPLEX BLD04-00251 PAUL SMITH 75 BRUNSWICK CT ALT RSF 2 1 $20,000 BASEMENT FINISH FOR SFD BLD04-00208 LAFFIN, JASON E 1304 BROOKWOOD DR ALT RSF 1 1 $5,000 BASEMENT BATHROOM FOR SFD BLD04-00234 BOLTON, KATHRYN A 957 PEPPER DR ALT RSF 3 12 $5,000 BASEMENT FINISH OF SFD BLD04-00236 BERG, RONALD R 1804 RIDGEWAY DR ALT RSF 3 12 $1,000 KITCHEN REMODEL OF SFD BLD04-00301 CRAIG FARLINGER 1101 YEWELL ST ALT RSF 2 0 $1,000 UNDERPIN FOUNDATION IN GARAGE AREA BLD04-00197 REBECCA E SOGLIN 1220 SHERIDAN AVE ALT RSF 1 1 $789 KITCHEN WINDOW FOR SFD Total ALT/RSF permits: 9 Total Valuation: $164,133 Page: 4' City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/1/2004 Census Bureau p ,L From: 4/30/2004 Type Type Permit Number Name Address Impr Use Stories Units Valuation BLD04-00261 ARBORHILL LC 63 ARBORHILL CIR FND RDF 1 0 $0 FOUNDATION FOR DUPLEX ONLY I Total FND/RDF permits: 1 Total Valuation: $0I BLD04-00276 EVANS DISTRIBUTING 3750 LIBERTY DR NEW NON 1 2 $40,000 FOUNDATION FOR WAREHOUSE BLD04-00260 IOWA CITY COMMUNITY S/ 1900 MORNINGSIDE DR NEW NON 1 0 $3,000 RELOCATE STORAGE BUILDING ON SITE BLD04-00193 IOWA CITY COMMUNITY S( 1900 MORNINGSIDE DR NEW NON 1 1 $1,500 2 PORTABLE CLASSROOMS FOR HIGH SCHOOL I Total NEW/NON permits: 3 Total Valuation: $44,500 i BLD04-00303 JODIE PLUMERT & TIMOTH 1302 GINTER AVE NEW RAC 1 0 $38,000 DETACHED GARAGE ADDITION FOR SFD BLD04-00244 BARRY & LISA GREENBERC 1111 FRIENDLY AVE NEW RAC 1 1 $20,851 DETACHED GARAGE ADDITION FOR SFD BLD04-00267 NEPTUNE LAND COMPANY 2115 -21 J ST NEW RAC 1 0 $10,000 DETACHED GARAGE/STORAGE BUILDING BLD04-00241 PAUL & CYNTHIA M BRODI: 506 TERRACE RD NEW RAC 1 1 $9,864 DETACHED GARAGE ADDITION FOR SFD BLD04~00282 CJ CONSTRUCTION 1832 N DUBUQUE ST NEW RAC I 2 $8,456 DETACHED GARAGE ADDITION FOR SFD I Total NEW/RAC permits: 5 Total Valuation: $87,171 i BLD04-00279 ARBORHILL LC 63 AP, BOP, HILL CIR NEW RDF 1 2 $278,283 DUPLEX WITH ATTACHED 2 CAR GARAGES 63-65 ARBOR HILL DR BLD04-00170 ARLINGTON DEVELOPMEN' 100 BROADMOOR LN NEW RDF 1 2 $270,000 RDF WITH ATTACHED 2 CAR GARAGES 100-102 BROADMOOR LANE BLD04-00270 SADDLEBROOK MEADOWS 117 PRIMROSE CT NEW RDF 2 2 $213,207 RDF WITH ATTACHED SINGLE CAR GARAGES 117-119 PRIMROSE CT BLD04-00271 SADDLEBROOK MEADOWS 109 PRIMROSE CT NEW RDF 2 2 $213,207 RDF WITH ATTACHED SINGLE CAR GARAGES 109-111 PRIMROSE CT BLD04-00077 ARLINGTON DEVELOPMEN' 133 BROADMOOR LN NEW RDF 1 2 $190,000 DUPLEX WITH ATTACHED 2 CAR GARAGES 133-135 BROADMOOR LANE I Total NEW/RDF permits: 5 Total Valuation: $1,164,697 BLD0n-00229 TRIPLE CROW2q LLC 2614 TRIPLE CROWN LN # NEW RMF 3 12 $994,430 12 PLEX APARTMENT BUILDING BLD04-00224 IDYLLWILD DEVELOPMEN3 41 COLWYN CT NEW RMF 2 4 $684,750 Page: ~ City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/1/2004 Census Bureau ne,,o,~ From: 4/30/2004 Type Type Permit Number Name Address lmpr U~ Stories Units Valuation 4 PLEX TOWNHOUSE UNITS 41-434.5-47 COLWYN CT. TotaINEW/RMF permits: 2 Total Valuation: $1,679,180~ BLD04-00210 RUPP BUILDING [NC 55 REDBUD PL NEW RSF 2 1 $505,620 $FD WITH ATTACHED 3 CAR GARAGE BLD04-00240 GARY FRAKES 1610 DUBUQUE RD NEW RSF 2 1 $400,000 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00269 HAMPSTEAD BUILDERS L L 1044 GOLDENROD DR NEW RSF 2 I $280,000 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00188 CHANDLEE BUILDING & DI~ 1338 PRAIRIE GRASS LN NEW RSF 2 1 $270,000 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00268 ARL[NGTON DEVELOPMEN~ 761 HUNTINGTON DR NEW RSF 1 1 $205,000 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00243 ELYSE FRANTZ 3435 KEARNEY LN NEW RSF 1 1 $186,493 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00252 GLASGOW-WILLIAMS REA[ 3437 NORTH JAMIE LN NEW RSF 1 1 $180,000 SFD WITH ATTACHED 3 CAR GARAGE BLD04-00169 AFFORDABLE GARAGES IN~ 3719 DONEGAL CT NEW RSF 2 1 $178,751 SFD WITH ATTACHED 2 CAR GARAGE BLD04-00217 ARLINGTON DEVELOPMEN 34 EVERSULL LN NEW RSF 2 1 $177,719 S.F.D. WITH TWO CAR GARAGE BLD04-00203 WALDEN WOOD ASSOCIAT] 29 CHARLES DR NEW RSF 1 1 $176,350 SFD WITH ATTACHED 2 CAR GARAGE BLD04-00286 SOUTHGATE DEVELOPMEN 79 CHARLES DR NEW RSF 1 1 $174,100 SFD WITH ATTACHED 2 CAR GARAGE BLD04-00287 DENNIS SPENCER CONSTRI_ 17 QUAIL VALLEY CT NEW RSF 2 1 $166,124 SFD WITH ATTACHED 2 CAR GARAGE BLD04-00262 ARLINGTON DEVELOPMEN' 132 EVERSULL LN NEW RSF 1 1 $164,000 SFD WITH ATTACHED 2 CAR GARAGE BLD04-00226 PRODIGY BUILDERS 1505 WETHERBY DR NEW RSF 2 1 $162,400 S.F.D. WITH THREE CAR GARAGE BLD04-00254 RANDY J & KR_ISTEN M RErv 1001 TOWER CT NEW RSF 1 1 $160,000 S.F.D. WITH TWO CAR GARAGE BLD04-00211 ARLINGTON DEVELOPMEN' 4539 YORK PL NEW RSF 1 1 $159,000 $.F.D. WITH THREE CAR GARAGE BLD04-00156 PRODIGY BUILDERS LC 2366 RUSSELL DR NEW RSF 2 1 $158,807 SFD WITH ATTACHED 2 CAR GARAGE BLD03-00880 JIMDEN PROPERTIES 401 S GOVERNOR ST NEW RSF 2 1 $140,000 S.F.D. WITH NO GARAGE BLD04-00152 IOWA VALLEY HABITAT FC 2503 ASTER AVE NEW RSF 2 1 $123,056 SFD BLD04-00292 WILLIAM E & TRICIA A WE! 1566 HEM[NGWAY LN NEW RSF 2 1 $110,000 SFD WITH ATTACHED 2 CAR GARAGE REPLACE DWELLING LOST TO FIRE BLD04-00221 SADDLEBROOKMEADOWS 2635 WHISPERING MEAD( NEW RSF 2 1 $90,000 S.F.D. WITH TWO CAR GARAGE P~e: 0 City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/1/2004 From: 4/30/2004 Census Bureau Report Type Type Permit Number Name Address lmpr U~ Stories Units Valuation Total NEW/RSF permits :21 TotalValuafion: $4,167,420~ BLD04-00239 JONES, MICHELLE DENISE 88 HERON CIR OTH RSF 2 12 $13,000 IN-GROUND SWIMMING POOL ADDITION FOR SFD BLD04-00231 LYLE & CAROLE AUSTIN 1436 DICKENSON LN OTH RSF 3 12 $4,000 ABOVE GROUND POOL ADDITION FOR SFD Total OTH/RSF permits: 2 Total Valuation: $17,000 BLD04-00116 LAUNSPACH RENTALS 18 S VAN BUREN ST REP MIX 1 2 $1,700 REPAIR OF BUILDING FROM AUTO DAMAGE Total REP/MIX permits: I Total Valuation: $1,700 BLD04-00237 CYNTHIA E PARSONS 215 IOWA AVE REP NON 3 12 $14,500 REROOF OF COMMERCIAL BUILDING BLD04-00207 RILEY, NANCY E 1220 HIGHWAY 6 WEST REP NON 1 1 $10,000 WINDOW REPLACEMENT AND EXTERIOR TRIM BLD04-00218 THEODORE H PACHA 626 S DUBUQUE ST REP NON 2 1 $4,000 REROOF Total REP/NON permits: 3 Total Valuation: $28,500 BLD04-00247 TRAIL RIDGE CONDO'S 702 WESTWINDS DR # 1 REP RMF 1 1 $33,330 ENTRY STEPS AND SIDEWALKS 702 THROUGH 808 WESTWINDS DR. BLD04-00263 CHAMBERS AGENCY 24 N GILBERT ST REP RMF 1 1 $6,525 REROOF OF 2 STORY APARTMENT HOUSE BLD04-00265 H & G 420 -22 N LINN ST REP RMF 1 0 $800 REPLACE FRONT STEPS BLD04-00266 CHAMBERS 24 N GILBERT ST REP RMF 1 0 $300 REPLACE STAIRS AND LANDING Total REP/RMF permits: 4 Total Valuation: $40,955 I BLD04-00278 FITZPATRICK, MARY F 910 MAPLEWOOD LN REP RSF 1 2 $15,000 WINDOW REPLACEMENT FOR SFD BLD04-00199 EDBERG, CAROL A 2041 ROCHESTER CT REP RSF 1 1 $7,856 WINDOW REPLACEMENT IN SFD BLD04-00195 BREAZEALE, RICHARD 706 MARKET ST REP RSF 1 1 $3,000 EGRESS WINDOWS FOR SFD BLD04-00209 BLAISE BOLES 633 S GOVERNOR ST REP RSF 2 1 $2,000 PORCH REPAIR ON SFD BLD04-00227 RALEY, DANETTE L 1059 FOSTER RD REP RSF 2 1 $1,500 REINFORCE LVL BEAM Page: ? City of Iowa City Date: 5/3/2004 Extraction of Building Permit Data for To: 4/I/2004 Census Bureau From: 4/30/2004 v~eport Type Type Permit Number Name Address lmpr Use Stories Units Valuation BLD04-00230 MICHAEL MAHARRY 1037 WASHINGTON ST REP RSF 3 12 $1,000 WINDOW REPLACEMENT AND REMOVAL OF PORCH Total REP/RSF permits: 6 Total Valuation: $30,356 ~ GRAND TOTALS: PERMITS: 89 VALUATION: $9,149,679 i I Marian Karr From: Reuter, Jeff J [jeff-reuter@uiowa.edu] Sent: Wednesday, May 12, 2004 4:04 PM To: Terry Robinson Cc: *City Council; Dale Helling; Terry Trueblood; Mike Moran Subject: RE: Rainout at city park. Mr. Robinson, Thank you for your complete explanation as to the process and for responding to my email. It was not my intent to question whether the workers "shirked" their duties but more to point out that in my opinion the city policy seems to be more concerned about maintaining the excellence of facilities and to avoid possible liabilities then to let the kids play. Some of this opinion is clouded from past experience with the Kickers Soccer complex and with past baseball issues. I have had soccer teams able to play at the University fields while the ones at Kickers complex were cancelled with the same weather conditions. I have also played and had teams play in North Liberty, Hills and Cedar Rapids baseball fields under which what I consider to be much worse then the conditions Monday night. With the conditions I saw early Monday afternoon and when I walked the infields at 5:15 that night I think had the fields and wet spots (which as you noted, were the heavy use player positions) been worked starting after the rain it would have been fine to play. I only went into the outfield in 1,2, and 3 and they seemed fine, so with field 6 I am not sure. I am not a professional but having worked up many worse fields (try doing Coralville's after a rain) then yours under worse conditions over the last 8 years that is my opinion. I have seen your crews out there getting the field ready and did not want this to be a criticism of their work but as a disagreement with what I feel the focus of the Recreation Dept should be. There seems to be a much greater focus towards youth recreation by surrounding municipalities then there is here in Iowa City and I believe the above event is just another indication of that. Sincerely, Jeff Reuter ..... Original Message ..... From: Terry Robinson [mailto:Terry-Robinson@iowa-city.org] Sent: Wednesday, May 12, 2004 1:09 PM To: Reuter, Jeff J Cc: ~City Council; Dale Helling; Terry Trueblood; Mike Moran Subject: FW: Rainout at city park. > Mr. Reuter, > Your e-mail was forwarded to me regarding the cancellation of the > games at City Park Monday. I will review the process we go through each > time we deal with a potential rainout situation. First let me note that > it is not the policy of the Department to cancel sporting events as you ! > noted "if it rains at all". I will be glad to send you a copy of our > policy, but to summarize it is our policy to play the games unless we are > unable to assure a safe playing surface for the game whatever it may be. > > On Monday afternoon we emptied 6 tenths of an inch water from the City > Park rain gauge. We do net have the equipment to pinpoint when the rain > began at City Park, but the park mowing crew stopped mowing on fields 4, > 5 ,and 6 at 12:30 to 12:45 because of heavy rain. By 1:15 to 1:30 the rain > ended. The full day crew (2 permanent employees and 7 summer seasonals) > were working on Honday. Since the rain dropped to a drizzle before lunch > at Hercer, Napoleon, and Kickers Soccer Park the crew started by preparing > the 12 ball fields at Hercer and Napoleon, and checking the fields at > Kickers before moving to City Park. They were in contact with the City > Park mowing crew who let them know about the rain. Prior to this rain > event the City Park portion of the crew spent about 9 work hours preparing > the fields for the day. The fields were completely drug and chalked > before the rain event. The intensity of the rain washed away the chalk > and created some runoff lines on each of the fields. > > At 2:25 the Senior Maintenance worker and the Maintenance Worker III > charge of the ball fields made it to City Park to inspect the fields. > When they do this inspection they walk each field to evaluate the > condition. They found standing water on all infields, especially at > each player position on fields one and two. Field 6 always has standing > water in left and left center because of the direction water moves in > that area. Although water cannot he seen there it is just at the surface > creating a soggy mess if walked on. They determined they could not make > the fields playable. The heavy use positions either had standing water or > were soft. Water could be brought to the surface by standing in place and > pumping your feet. This is one of the first tests we use to determine > playability, because 9, 10 and 11 year olds tend to go to the same place > each time, work their feet back and forth and do exactly what we check; > they bring up water. This is especially true of the Pitcher, Catcher, and > 1st baseman. At approximately 2:45 the employees left the fields for > Napoleon Park to post the cancellation. It takes ten to fifteen minutes > to travel te the shop at which time they posted the cancellation as soon > as possible. You noted that it occurred at 3:11. As noted on the Parks > and Recreation Web page cancellations are supposed to be posted hy 4 pm. > The crew posted the news early to give parents every opportunity to check > it and the Parks and Recreation information telephone line before they > head for the fields. 2 > > You noted the fields were playable at 3:00. I respectfully disagree. If > a player on any of those fields had to plant a foot when making a turn > around a base or making a play they would have lost their footing, or had > to gingerly run the bases. That is not a safe field. It is also > important to note two games were scheduled for each diamond. If each game > would have progressed the fields would have be in deplorable condition for > the second game. Infield player positions would be rutted and chunky > creating the potential bad hop mouth or face impact. > You also noted that there were five spots of water standing on each field > from improper grading. This is not accurate. While we would love to have > a laser guided leveling machine like many contractors, we must do our work > by eye. The locations you saw are typically the player positions on each > field. We do our best to bring in material or shift it from high spots in > the field to correct these iow spots, they usually come from playing > the field when it is saturated. The players sheer presence at the > positions over and over compacts the ag-lime and soil and breaks down its > structure. The more this occurs the more difficult it is to bring the > field back to good playing condition. > You noted that many teams practiced on the fields successfully Monday > night. It is always one of our concerns that even though the games > cancelled teams will practice anyway. Tuesday morning the crew found that > teams did in fact practice on fields one and two, (the tournament fields) > and field six. The ruts in the player positions were not too bad so > suspect it was three teams. The areas were repaired and readied for > Tuesday nights games. > In conclusion we are acutely aware of everyone's desire to play, and > are proud of our efforts to make diamonds playable as often as possible. > We would much rather see the games played than call them off. Every > of the ball field crew is either a current or past baseball or > player; they like to play, and know how much fun they had when they > that age. It is evident from your e-mail that you feel we shirked our > duty to the players and the field by not having them ready. I am > you feel that way about us. > I suspect I cannot change your mind, but I can offer an invitation to > Anytime, rain or shine, come out to the fields to see the process that is > followed. If it is a day like Monday, all the better we; will be glad to Sincerely, Terryl L. Robinson Superintendent of Parks, Forestry & CBD CPRP,CPSI, CA, Cancellation of Baseball Page 1 of 1 Marian Karr From: Reuter, Jeff O [jeff-reuter@uiowa.edu] Sent: Tuesday, May 11, 2004 8:47 AM To: mike-moran@iowa-city.org Cc: cou ncil@iowa-city.org Subject: Cancellation of Baseball Is it the policy of the lC Parks and Recreation that Youth Fields and events are closed if it rains at all on the day of the activity even if the ground is dry to start with? I would like to let the parents of the baseball team know so that they, and all the others who showed up last night will not bother. At 3:00 all the fields were playable with the exception of 5 small spots with water where there was improper grading. At that time had the field been lightly worked all would be fine at 5:00 and last night would have been a beautiful night for baseball. Instead at 3:11 they cancelled it. Many teams were there and practiced with no problems last night. Jeff J Reuter Instructional Technology Coordinator Tippie College of Business University of Iowa (319) 335-0812 5/11/2004 ~ ~t~~, ~ ~o, ~oo~ ~ ! :00 p_.nv. - 6:00 Iv. nv. Market Music Market Music Market Music >004 ;>004 Z004 Every Wednesday from § to 7'p.m. Every ~Zednesdoy from 5 to 7 p.m. Ever~ ~ednesday from 5 to 7 p.m. ~ ~hauncey Swan Park ~ ~hounce~ 5wan P~rk ~ Chauncey Swan Park Co-sponsored by the Co-sponsored by the Co-sponsored by the ~owa Ci~ Recreation Division and the Zowa Ci~ Recreation ~ivision and the Zowa Ci~ Recreation Division and the Universi~ of ~owa Communi~ Credit Union Universi~ of ~owa Communi~ Credit Union Universi~ of ~owa Communi~ Credit Union 2 Nick 5tika 2 Nick Stika 2 Nick Stika ~ gen Schmidt/Rico Cicalo 9 ~en 5chmidt/Rico Cic~lo ~ gen 5chmidt/Rico Cicalo ]~ Bob & Kristi 8lack 26 gob & Kristi 8lack t6 ~ob & Kristi 8lack 23 Mary T~lcott ~3 ~ary Talcott ~ ~ry T~lcott 30 The Drolling~rs 30 The Drollingers 30 The Drollingers ~ULY ~ULY ~ULV 7 Ran Hillis 7 Ran Hillis 7 Ran Hillis 14 Irene&~oe, The ~od River Duo 14 Irene&~oe, The Mod River Duo 14 Irene&~oe, The Mad River Duo 21 Aleta & Al ~urphy 21 Aleto & Al ~urphy 21 /let~ i Al ~urphy Z8 Geronimo's Cadillac ~8 Geronimo's Cadillac ~8 Geronimo's Cadillac AUGUST AUGUST AUGUST 4 ~ason Reeves 4 ~ason Reeves 4 ~ason Reeves 11 Mike & Amy Finders Band ~ 11 Mike & Amy Finders Bond ~ 11 Mike & Amy Finders Bond ~ 18 The Beggarmen .e~ ~oo ~ 18 The Beggormen -~.~ ~o°~ 18 The Beggormen ~ ~o0~ ~5 D~ve ~oore ~ ~ ~ ~'~e~'~ ~' Z5 25 TASTE OF MARK~ TASTE OF MARK~ TASTE OF MARK~ September 1 Acoustic Mayhem September I Acoustic Mayhem September I Acoustic Mayhem Farmer's ~arket is held eve~ Wednesday Farmer's ~arket is held evew Wednesday Farmer's Market is held eve~ Wednesday 5:30-7:30 p.m. & Saturday 7:30-11:30 5:30-7:30 p.m. ~ Saturday 7:30-1]:30 5:30-7:30 p.m. ~ Saturday 7:30-11:30 a.m. from May 1-October 30. a.m. from May 1-October 30. a.m. from May 1-October 30. Iowa City Fire Department 2003 Annual Report From t/~e Fire (¥lieJ? I am ph,a~ed m l.'e~enl th~~ Iowa CiD Fir~ Del~artment'~ 2003 AIUIII~I[ R~l)ort. Thi~ v~ar'~ r(,port ~onlaitl~ ~r'~,ra[ I1~ 2003. the Iowa City FH'e Deparlmel~l iniliatcd a fitness ployl'am tlsin~ Ihe Fire gel'vice .hdlll It i~ our d~,~it¥ to m~lk~ thi~ ~ omm,niD' a ,~a/? place to Jive, ' l:h'c 1)epartnlunl: I.ycur~us I~ecks (1SgT) and R~)hcrl Hein (1969). Thc Roherl l loin lalnily donated lite, round laclica[ skills. The Civil Scr~ice Commission cerlificd lisls h)l l,ietflenalllS. (]ap/aills, and Iowa Chy in 1992. I)m'in~ il~ lcmn'c, over g,O00 children Imm :.~ Ihe re'ca lCCCi,ud intelaCli,c h, strtlction on how to correclly ~~1~ : respond m a I1~c emergency. Thanks in parl to a 7()~ tLS. Fire he Iowa CJI3 Salct~ Vilht~c in June 2003:547 third and fourth chemical spill or leak. In 200L thc dcpanmen~ ~cccived mutual aid from county fire activities Io mca families, businesses, and schools. Thc Fh'e in 200L thc I)eparlmcnl of Homeland Sccurit> provided Sg~(),l)()() in ~rant money Dollar value sac'ed and fire analysis: *Emergenc) response time analysis: I.oss duc to fire {properly/contents) = $2,438,5 It <6 minutes = 8(I.7'3 ncmly 4,000 hicyclc hchncts and sccurcd over $5.000 in Propcrt) ~alucs=$649,949,140 <Tminutcs=89.0¢~ p]cxcntablc childht*~)d injuries. Percent saved = 99.64% Average response time = 5:3~) trailer EMS (1, Thc deparlmcnl gained Iwo Scll'-Ctmlained Ih'ealhing Appa~alus (SCBA) 27 255 Ct)mpan) luxcl mdnm~: 495 horns provided 25g ()ulsidu uaminp and uducadon: 2.182 horns provided Tolal nainin~: 4,243 horns provided 0 100 200 $00 400 MEMORANDUM DATE: May 12, 2004 TO: City Council FROI~I: Steven Nasby, Community and Economic Development Coordinato RE: Proposed CB-10 Self-Supported Municipal Improvement District Remonstrance On May 10 and May 12 remonstrance petitions were filed with the City Clerk's Office by property owners within the downtown central business district (zoned CB-10) in opposition to the proposed CB-10 Self-Supported Municipal Improvement District (SSM][D). A review of the remonstrance shows that the petition contained the signatures of 40 owners of property within the proposed CB-10 SSMID that is equal to 41.7% of all the owners of property. Tn addition, those in opposition represented 40.6% of the total assessed value of the proposed CB-10 SSMID. Iowa Code Chapter 386.3.9 states: "At an)/t/me pr/or to adoption of an ordinance estab/ish/ng a district, the entire matter of estab//sh/ng such district sha// be withdrawn from counc// consideration if a pet/t/on objecting to estab//sh/ng such district is flied w/th/ts clerk containing the signatures of at/east forty percent of a// owners of property within the proposed district or signatures which together represent ownership of property w/th an assessed va/ue of forty percent or more of the assessed va/ue of a// property w/thin the proposed district." On its face, the remonstrance petition meets the thresholds set forth in Iowa Code. As such, no further consideration of the CB-10 SSMID is allowed. If you have any questions or need additional information please contact me at 356-5248. Cc: City Manager City Attorney's Office City Clerk's Office Karin Franklin, Director of Planning and Community Development CIl¥ o[ IOWA CIl¥ 410 £ast Washington Street Iowa City, Iowa $2240-1526 (~19) ~s6-sooo DATE: May 6, 2004 (3[9) 356-$009 FAX www.icgov.or§ TO: City Council FROM: Ernie Lehman, Mayor RE: Evaluations of staff Evaluations of our three employees (City Manager, City Attorney, and City Clerk) will take place on Friday, May 14, 2004. In the years that I have been on Council we have done this in a variety of ways. The attached evaluation reflects a few suggestions which I have found helpful in the past. Comments must be limited to procedure and not substance for this is a personnel matter and not open to public discussion. CITY COUNCIL STAFF EVALUATION - 2004 1. Overall impression of employee's performance. Our level of satisfaction and comfort with total performance. This is similar to looking at the forest-not the trees. No forest is composed of all perfect trees but beautiful forests are a treasured asset. 2. Evaluation of the trees A. COMMUNICATION SKILLS With Council With Staff With Media With Other Governmental Units B. EFFECTIVENESS With Council With Staff With Media With Other Governmental Units C. HELPFULNESS With Council With Staff With Media With Other Governmental Units D. ABILITY TO SUPERVISE Quality of Staff Performance of Staff Morale of Staff E. FISCAL RESPONSIBILITY Ability to Stay Within the Budget Advising Council on Consequences of Action F. PROFESSIONALISM Commitment to Job Loyalty Ethical Conduct Responsive to Direction of Council G. LEADERSHIP Within City Organization Community Willingness to Act Rather than React U:evaluationccemployees.com July, 2003 City Council Appointments Base Salary History MGR. ATTY. CLERK Salary Addt'l Salary Addt'l Salary Addt'l Benefit Benefit Benefit 1997 4% New Appointment 4% $112,486.40 $70,000 I $52,284.54 1998 4% 5,7% 5.2% $117,000 $74,000 $55,000 1999 0% 6.5% 7.28% 2 $117,000 $78,811 $59,009 2000 6.8% 6.59% 6.76% 3 4 $125,008 $84,011 $63,003 2001 3.2% 325% 6.5% 3 2,5 3 $129,064 $52,041 $67,100 2002 3.25% COL 325% COL 3% 3, 6 3.5% medt 7 3.5% me~t 3 $132,932.80 $55,623.36 $71,718.40 2003 3% 3% 3% 3 3 $136,926.40 $57,295.68 $73,860.80 1 - New hire 2 - Pension plan payment 3 - Cash value of 80 houm accrued vacation paid directly to pension plan 4 - 60% FTE effective October 3 5 - Full health premium 6 - Car allowance, contract amendment 7 - Full medical insurance, contract amendment Volume 3, Issue 1 July 1, 2002--June 30, 2003 FY 03 Annual Report FREE MEDICAL CLINIC Where would you go? We ask patients to complete a brief survey asking if they have health insurance and where they would go if Free Medical Clinic didn't exist. One hundred clients are asked to complete this survey four times per year. Results indicate that: 95% of people using the Free Clinic do not have health insurance. Taste of Our Town 60% would use the Emergency Room if the Free Clinic didn't exist. May 1si, 2003 34°/o would "go nowhere." 6% would visit a private physician. A~u,s wo~c)om~ Patients coming to the Free Clinic with health insurance (5%) generally do so for BALDY'S ~o ~A~S reasons of confidentiality. BOB'S YOUR LINCL~ BON VIVANT Tn~ ~EWE~¥ Our annual patient satisfaction survey indicates that people visiting the Clinic are C*NcuNCAF~ Z · pleased with our services. CHEF ~CK~Y'S · 89% of the 100 patients surveyed rated their overall care as "excellent." COOKIES AND ~O~ 10% rated their overall care as "good." COOKIES BY DESIGN THE COTTAGE 95% rated "sensitivity to your needs" as "excellent.' EL DORADO 91% rated "courtesy and respect for privacy" as "excellent." FL~CK SALES HOUS~ OF LORDS Participants in the survey rated our volunteers highly with regards to "attention to HY-VJ~E questions and concerns" and "overall courtesy." iNDIA CAF~ IOWA MEMORIAL UNION CATERING ~OWA ~VER ~OWE~ COt~AN¥ In addition to this longer yearly survey, we conduct an abbreviated bi-monthly JOHN'S GROCERY LOU HENRI satisfaction survey. In the shorter survey, 50 patients are asked to rare the MASALA amount of time spent at the clinic, attention to questions, explanation of labs and ME KONC- MOTLEY COW or medications, and overall care. We again received positive ratings, with 93% NEW PIONEER CO-OP of patients rating their overall care as excellent. OKOBOJ~ gRILL RED AVOCADO RIVER CITY BEEFSTRO THE SANCTUARY SLUGGERS SUEPPEL'S FMC MD Receives Award TASTE ON MELROSE THAI FLAVORS THAI SPICE THREE SAMURAI On September 27, afflicted with diabetes." UNIVERSITY OF IOWA College of Medicine BoulwareC ..... ity 2002 Free Medical The award was pre- ~L~SLODOESPO~590-K~i. Corro.dt~. ~Clinic Medical Director sented atthe Eagles' elks Board of Trustees · Maureen Connolly re- Flight annual Diabetes Patient Profiles, ClJni( Slats 2 GOODFELLOW PRINTING ceived the Health Care Awards and Benefit 5UEPPEL'S FLOWERS Professional Award Banquet "Unsung He- Financial Report 2 WESLEY FOUNDATION STUDCNTS from Eagles' Flight Inc. roes: Community. IRENE AND THE MAD RIVER TRIO Irene Schroeder, Joe Rebik and Laurie Haag for her "commitment to Compassion and Ser- Contributors 3 BENSON AND HEPKER DESIGN Carol community health care, vice." SpeciaIThanks 4 ~o~m.r compassion and faith- ful service rendered to These businesses and individuals helped make the 2nd annual Taste those in our community of Our Town o big success! Page2 FY 03 ANNUAL REPORT From July 1 st, 2002 to June 30th, 2003, the Free Medical Clinic increased the number of clients/ FMC visits to our evening and day clinics by 18% (compared to 2 years ago). During FY 2003, we Client Statistics served 2,541 patients for a total of 5,483 visits. Visits for patients with chronic illnesses (hypertension and diabetes) continue to increase -- 799 visits, an increase of 34% since FY 2001. H1V counseling and testing was provided for 648 patients. 6,187 prescription medica- tions were dispensed over the fiscal year, an increase of l 811 medications since 2001. Financial Ju~ 2002- Jun 2003 Jun 30r 2003 Income ASSETS Report 2003 Total Local Funding Sources 235,090 90 Total Current Assets 193,163.26 Total Contributions 65,259,36 Furniture & Equipment 17,455.76 Total Fundraising 31,860.04 Less Accumulated Depreciation -1,757.00 Total Grants 47,26787 Total Fixed Assets 15,698.76 Total Other Income 3,548.41 TOTAL ASSETS 208,862.0,2 Total Income 383,006.58 LIABILITIES & EQUITY Expense Accounts Payable 171.66 Employee Salary & Benefits 247,207.53 Deferred Revenue 10,000.00 Liability Insurance 29,488.70 Total Payroll Liabilities 4,978.34 Rent 16,718.28 Total Current Liabilities 15,15000 Client Financial Assistance 9,045.90 Equity Supplies - Pharmacy 9,49262 Opening Bal Equity 0.46 Supplies-Clinic 6,510.31 Fund Balance 148,425.77 Other Operating Expenses 28,750.07 Net Income 45,285.79 Total Equity 193,712.02 Total Operating Expenses 337,720.79 TOTAL LIABILITIES & EQUITY 208,862.02 Net Income 45,285.79 Intern does good work The Iowa City Free Medical Clinic clinics and inventorying donated was fortunate to enjoy the skills of pharmaceutical samples. We wish Leah Frerichs during her summer Leah the very best as she begins 2003 internship at FMC. An under- the Master's program in the Univer- graduate at Iowa State University, sity of Iowa's College of Public Leah completed her internship as Health. We also look forward to part of her B.S. in Community Health benefiting from future interns who Education. She spent 20 hours a are interested in learning first hand week at FMC engaged in a variety of about health care for the under- activities including updating FMC'sserved. website and on-line volunteer appli- cation form, reception at evening VOLUME 3, ISSUE 1 Page3 FY 2003 Contributors - Thank you! Acord, Marsha Farinelli, Catherine Kubby, Karen Olin, William Tallman, Julie Aman, Susan Fath, Mol/ssa Lahey, Anne Omeara, Brian Thai Flavors Anderson, Barrio Folder, Robert Lammers Pascarella, Ernest Thayer, Judith Aquilino, Mary Fenneman, Michael Larsen, Karl Pe9 Bouska Thielman, Karen Arbuckle, Robed First Presbyterian Church Laube, Paula Perrin, Marlene Thomas, Christie Atkinson, Alice France, Nona Laughlin, Mary Perrinjaquet, Craig Thompson, Carol Bailey, Lois Fraterrigo, Lynn Lauritzen, Held/ Pfohl, Judy Thompson, Stacy Baldwin, Margaret French, Bonnie Left, Joyce Pickup, Sandy Titus, Janet Beasley, Oscar Frohman, Charles Lehman, Ernie Pinkham, JR. Towner, Robert Becker, Ruth & Sam Frye, Susan Lembke, Val Poole, Randy Treder, Jean Beckett, Susan Futrell, Sue Lensing, Michael Pratt, Jim Tucker, Norval Bedell, David Gardner, Thomas Leshtz., Dave Price, Steve Unitarian Universalist Society Bedell, George Gerald, Karen Levy, Barcey Quinn, Pat US Bank Beeghly, James Goepferd, Stephen Liechty, Ailene Rasmussen, Mary Ann Van Houweting, Bruce Bender, Stephen Goerdt, Chris Linhardt, Kathy Ray, Dottie Von Stein, Diana Berg, Ron Goldenstein, Jeff Link, Tony Raymond, Margaret Vunderink, Pat Bergus, George Goldman, Trudy Host Noon Rettig, Janeile Walker, Jane Birrell, Susan Goldstein, Helen Lions Club Rhomberg, Ann Wallace, Pete Blair, Ginny Green, John Long, Robert Rice, Gretchen Walsh, Susan Blair, Louis Greenough, Paul Love, Bonnie Richardson, Margaret Walton, Laura Bloesch, David Grey, Joanne Love/Cain Riddle, Fred Warner, B/ti Bouska, Carol Guzman, Vicki Luhman, Lowell Riley, Patty We/nor, George & Teresa Boyd, Bob & Judy Gwilliam, Dai Lynch, Richard Ringenberg, Beverly Weyer, Peter Boyd, Willard & Susan Hahn, Sam Lyness, Janet Robinson, Sally Weyer, Sally Braverman Foundation Hale, Charles Macagno, Enzo Romanowski, Ann Wieland, Ronney Braverman, Richard Hamdorf, Garry & Susan MacDonald, Heather Rose, Earl & MaPlyn Wilhelm, Dale Broderick, Ann Hamrick, FIG MacQueen, Gertrude Rosenthal, David Wilkey, Andrew Buckwalter, Kathleen Harley Owners Group Maharry, Michael Rotary Club Of Iowa City Wilmoth, Ralph Burke, Kay Haste, Julester Majusiak, James Rubel, Gina Wirth, Bill Buss, William Hauenstein, Janis Mann, Barbara Rummelhart, Frieda Witzke, Brian Cancilla, Pat & Enid Hauser, Steven Mark, Allyn Rummelhart, John Wolfson, Sherwood Canganelli, Crissy Hawkins, Benny Marshall, Leslie Rushton, Sarah Woodhead, Jerold Cantor, Marjorie Hawley, Ellis Matt/la, Juliet Russo-Johnson. Barbara Yankowitz., Jerome Caplan, Richard Hawtrey, Charles Mauer, Candida Sale, Hillary Zastrow, Ed Caroll, Chuck Hedlund Dental Maxey, James Satish Khera Zeitler, Rod Carsner, Tom Hegeman, Becky Maxwell, John A Scandrett, Forrest Zlatnik, Frank Casko, John Hendershot, Judith Mayer, Brenda Schlechte, Janet Champion, Craig Hesse, Chuck McCarty, Gwendolyn Scholerman, Deb Christ the King Hills Bank McCue, James Scholz, Jill Church Women United Hirsch, Catherine McGuire, Linda Schuldt, Dave Clark, Kathy Hoch, Cheryl Means, Duane Schutter, Betty Clarke, Maeve Hoefer, Mary Mears, Julia Shank, Heather Clemons Dental Hoffman, Teresa Menezes, Arnold Shank, Jim Cleveland, Melanie Hood, Albert & Jean Merchant, James Sharp, Helen Clinkenbeard, Ken Horick, Paul Miklo, Bob Sharpless, Mark Cogan, Nancy Hovland, Jody Miller, Eileen Shenk, Elaine Coil/son, Keri Hovland, Michael Miller, Sidney Shires, Ann Connolly, Maureen Howell, Stacey M/not, George Shullaw, Susan Cox, John Hubel, Kenn Mitros, Frank Shultz, Paul Board of Directors University of Iowa Hunsicker, Larry Mitros, Monica Singh, Pradeep Credit Union Iowa Area Association of Realtors Moreland, Molly Smith, Joy Marsha Acord Curtin, Barbara Iowa Clinical Research Corp. Moreno, Carol Smith, Laurie Dameron, Graham Iowa Dental Wives Murray, James Soap Opera George Bergus Davidson, Jay Iowa State Bank Murray, Linda Sopher, John Graham Dameron. Chair Detlsperger, Kevin Jacobsen, James Murry, John Southard, Thomas NOlla Fra[l¢¢ Dempster, Jean Johnson County Medical Society Nelson, Verne Spratt, James Valerie Forman Hoffman Denehy, Gerald Kambhu, Peter Ness, Jayne Spray, Judith Dental Wives Kampfe, Lanny New Song Spurgeon, Jean Mai Lernbke deProsse, Carol Kaska, Sondra Newman Center St. Andrews Presbyterian Gary Levitz Dieterle, Caroline Kinnamon, Jerald Nicholas, Emie Staley, Robert Shannon Wa]sh, Vice-Chair Donohue, Patricia Kinnamon, Jon North Liberty Dental State of Iowa Employees Bill Warner, Treasurer Down, James Ki[trell, Tracy Novak, Tom Stiles, Brad Sally Weyer, S~:cretao"' Downer, Jane Klink, Judith Nov/k, Naomi Stone, Edwin Doyle, Mary Knoop, Todd Nowysz, Stephanie Strohmer, Gerhard Ralph Wi mot ~ Doyle, MaN Knudson, Ralph Noyer, Nancy Stromquist, Ann Eggers, Lolly Kohl, Margaret Oden, Gregg Strong, Cynthia Ell/crt, Maggie Krohmer, Susan O'Dorisio, Sue Sullivan, Rod Elson, Marygrace Krug, David Oeltjen, Kari Sutphin, John Epping, Eric Kruse, Katherine Ogesen, Robert Swaner, Ruth Free Medical Clinic NONPROFIT ORa, U.S. POSTAGE ~20 Nortl Dubuqu. PAID Iowa City, IA 52245 IOWA CITY, IA 52245 Phone: 319-337-4459 PERMIT NO. 36 Fox: 319-341-0054 IOWA CITY FREE MEDICAL CLINIC Providing health care to those in need Special Thanks In Febma~' 2003 the St. Paul, the health care professionals who volun- The fol/owh~g groups are to be company xvhich had provided our teer their services at free clinics, commended for their conwnunity medical malpractice insurance for X,Vhile this is a wonderful program, it support! 15 years, d~scontinued the sale of involves a lot of paper work and or- malpractice insurance in the state ganization. of Iowa. This created many prob- The fmal blow was the necessit7 to lems for FMC including large cost purchase habiliry "tail" insurance. United Way Emergency Fund $5,000 increases, increased paper work and This is a policy that covers any claim and Board of Directors thc loss of some professional vol- that might take place after the policy unteers, is no longer in force, but for an event Johnson Count).' $2,000 With great effort on the part of that occurred while FMC was insured Medical Society local insurance agents and "those in by the St. Paul. This one time cost of City Of Iowa City and $2,000 the knoxv" xve were able to obtahn $13,448 was an item not anticipated City Council professional habllity coverage for in our budget. Hills Bank $500 our paid staff MD and general cow With the help of some local organiza- Thursday Noon Rotary Club of $500 erage for FMC, but at much greater tions, FMC was able to pay this pre- Iowa City and cost than in the past. mium without significant damage to Board of Directors It was also necessary to utilize a the bank account, and most impor- program available through the State tantly without having to decrease of Iowa called the Volunteer Health services to our patients. (]are Provider Program, which of- fers a -kind of liability cox'erage for THE ORGANIZATION IOWA CITY FREE MEDICAL CLINIC The Iowa City Free Medical Clinic ~ Located in the lower level of Wesley Center is a non-profit tax exempt ~ 120 North Dubuque St. organization funded by United Way Iowa City, Iowa 52245-1708 of Johnson County, Johnson County, Iowa City, Coralville, 319-337-4459 (Business Line) numerous grants and private gifts. 319-337-7909 (Appointment Line) 877-334-8020 (Toll Free Appointment Line) Donations are always needed and greatly 319-341-0054 (Fax) appreciated. Your tax deductible donations can www. freemedicalclinic.org (Web site) be sent to: freemed@mercyic.org (E-mail) Iowa City Free Medical Clinic PO Box 1170 ~owa C~ty,~A 52244-1170 IOWA CITY IOWA CITY HISSION STATEMENT FREE MEDICAL FREE MEDICAL '"",e.o,. CLINIC non-profit corporation, providing health care to those in need. Our organizing principles of FOR HEALTH INFORMATION practice are: OR REFERRALS 1'o eliminate barriers to health care by contact Mercy on Call at offering services without cost. 319-358-2767 or 800-358-2767 (toll free). 7:00 a.m.-Midnight To offer services that are non-judgmental 7 days a week and confidential. To encourage the participation of patients in their own care. ~]~/[F, RC¥ SINCE 1971 To advocate for the medically under-served ON CALL in the community. IOWA CITY 358-2767 THE CLINIC CLINIC HOURS CLINIC SERVICES The Iowa City Free Medical Clinic (FMC) serves FMC has evening clinic appointments available for FMC provides a wide range of general out uninsured people who do not have access to health acute medical concerns such as colds, flu, rashes, patient health care services to adults and care. There are no eligibility requirements or fees, urinary tract infections, job physicals, etc. children. though we do encourage patients to make a donation if possible. EVENING CLINICS Physical exams, including school and work b'londay 6:`30 p.m.-8:00 p.m. physicals FMC is staffed by volunteer health care Thursday 6:.30 p.m.-8:00 p.m. Exams and treatment for colds, sore professionals and lay people. Through the To make an appointment call at noon on the throats, flu, and ear infections generosity of many local health care institutions day of the clinic. and businesses, FMC is able to provide patients `319-337-7909 or Toll Free 877-334-8020 Hypertension screening and treatment with services including pharmacy and laboratory. Diabetes screening and treatment FMC also has daytime clinic appointments Gynecological and breast exams available for chronic medical conditions such as BUSINESS HOURS hypertension, diabetes and asthma. Diagnosis and treatment of vaginal infections and urinary tract infections Monday through Thursday DAYTIME CLINICS Testing and treatment for sexually 9:00 a.m.-`3:00 p.m. Tuesday 9:00 a.m.-2:30 p.m. transmitted infections Friday 9:00 a.m.-Il:00 a.m. Thursday 9:00 a.m.-Il:00 a.m. During daytime business hours (no medical staff To make an appointment call the business Eye exams (limited availability) available), services provided include information line during business hours. Laboratory and pharmacy services for and referrals, medication vouchers, blood pressure 319-337-4459 FMC patients checks and pregnancy testing. Physical therapy The number of appointments per clinic depends on If you have questions regarding FMC or would like the availability of volunteers. We ask for your Dental services (limited availability) information about volunteer opportunities, please patience and understanding when scheduling Confidential HIV counseling and testing phone us at 319-337-4459 or visit our web site at delays occur. ~ Pregnancy testing www. freemedicalclinic.org. Referrals to social services and other health care facilities FREEHEDICAL Additional medical care as available CLINIC MINUTES Preliminary IP1 8 IOWA CITY BOARD OF ADJUSTMENT APRIL 14, 2004 EMMA J. HARVAT HALL MEMBERS PRESENT: Karen Leigh, Carol Alexander, Michael Wright, Dennis Keitel (arrived @ 5:32pm) MEMBERS ABSENT: Vincent Maurer (Absent / Excused) STAFF PRESENT: Robert Miklo, Karen Howard, Mitch Behr, Sarah Holecek OTHERS PRESENT: Duane Brenneman, Mark Russo, Allan Berger, Ralph Stoffer, Jack Lester, Sue Nelson, Jennifer Brown, Jenn Berger, John Roffman CALL TO ORDER: Alexander called the meeting to order at 5:11 pm. CONSIDERATION OF 3/10/04 MEETING MINUTES: Miklo said the minutes would be available for the Board's next meeting. OTHER: Motion: Wright made a motion to elect Alexander as temporary chairperson of this meeting until Keitel arrived. Leigh seconded the motion. The motion passed on a vote of 3-0. Motion: Leigh made a motion to amend the Agenda. Special Exception Items F-1 then F-3 would be considered first. (Item F-2, EXC04-00006 had been deferred until the next meeting at the request of the applicant.) Wright seconded the motion. The motion passed on a vote of 3-0. SPECIAL EXCEPTION ITEMS: EXC04-00004, discussion of an application submitted by Duane Brenneman on behalf of The Church in Iowa City for a special exception to allow a Religious Institution in the Commercial Office Zone (CO-1) at 2040 Keokuk Street. Miklo said the property contained an existing building and parking lot. There were no significant changes proposed in the layout of the properly. The applicant had recently asked City Council to amend the CO-1 zone to allow religious institutions by special exception on properties of less than one-acre in size. That amendment had been reviewed by the Planning and Zoning Commission and City Council and was approved. The applicant was currently applying for a special exception to allow a religious institution on this properly. Miklo said there were a number of General Standards that applied to special exceptions. With the recent amendment to the Zoning Code, there were not Specific Standards required for religious institutions in the CO-1 zone, but it did require that applications be reviewed by the Board of Adjustment. For religious institutions in a CO-1 zone, the applications were reviewed on a case-by-case basis using the General Standards used for special exceptions. He reviewed the General Standards as listed and commented on by staff in the Staff Report dated April 14, 2004. Miklo said based on Staff's opinion this application met the General Standards necessary for approval of a special exception and Staff recommended approval of EXC04-00004. Public discussion was opened. Duane Brenneman, The Church in Iowa City, thanked Staff and the Board for their efforts. Public discussion was closed. Board of Adjustment Minutes April 14, 2004 Page 2 Motion: Leigh made a motion to approve EXC04-00004, an application for a special exception to allow a religious institution in the Commercial Office Zone (CO-1) at 2040 Keokuk Street. Wright seconded the motion. Leigh said the application met all the General Standards and the existing property conformed te the application regulations and standards so there was no reason not to approve it. Wright said he agreed with Leigh for the reasons stated by her. Alexander said she would also vote in favor of the motion. It would not be injurious to the use and enjoyment of other property in the area and didn't appear that it would impede the normal and orderly development and improvement of the surrounding property. Staff had indicated that there would be adequate utilities, access roads, drainage, and that the hours this facility would be open seemed such that there would not be difficulties with ingress or egress. The motion passed on a vote of 3-0. EXC04-0000~, an application submitted by Mark and Diana Russo for a special exception to reduce the front setback from 20 feet to 14 feet for a distance of 14 feet, measured from the southeast corner of the house, for the addition of a screened-porch to the historic church building located at 614 Clark Street subject to approval of the porch construction drawings by the Historic Preservation Commission. Miklo said this was a corner lot property. The underlying zone was RS-8, Medium Density Single-Family with an overlay Conservation District zone which required review and approval by the Historic Preservation Commission of major alterations to a building. The area where the reduction in setback had been requested was in the area of the existing stoop/entry way. The applicant had requested a modification of the front yard to allow a screened-in front porch. The existing building was located 22-feet back from Seymour Street. The required setback was 20-feet which would allow for only a two-foot addition if the existing setback were followed. The applicant had requested that a portion of the front yard be reduced to allow an 8' x 12' screened-porch which would require a reduction of the front yard setback from 20-feet to 12-feet on the south side of the property. Miklo said when special exceptions for yard reductions were reviewed, the Board looked to the language in the Code which indicated that in order for a special exception to be approved there should be some factors such as a unique situation and practical difficulty. This property was unique in that it was a religious institution or church that was built in a residential zone therefore its structure and position on the lot were somewhat unique. There was very little room left for additions to the property and there was a unique architectural feature, an aspe, en the east side of the property that the Historic Preservation Commission had indicated should be preserved which would prevent the addition ef a porch to that side of the structure. Miklo said in terms of practical difficulty, given the aspe of the church which was located on the east side of the structure, there really was no practical way to add on to the building to make it more residential in nature. Miklo said in addition to the two previously cited considerations, the Board should also consider if this was a significant, moderate, or minor reduction in the yard. In Staff's view, this was a fairly minor alteration of the yard. Miklo reviewed the Specific and General Standards and Staff's comments listed on pages 3 and 4 of the Staff Report dated April 14, 2004. Miklo said in general, Staff found that this application met the Comprehensive Plan's desire to preserve historic neighborhoods and at the same time would allow this existing structure to be used as a residential property. Staff recommended approval of EXC04-00008, an application for a special exception to reduce the front setback from 20 feet to 12 feet for a distance of 14 feet, measured from the southeast corner of the church, for the addition of a screened-porch to the historic church building located at 614 Clark Street subject to approval of the porch construction drawings by the Historic Preservation Commission. Public discussion was opened. Mark Russo, 614 Clark Street, said he and his wife had purchased the building approximately two years ago. Prior to purchasing the church, they had decided that it was a building worth saving. He had been Board of Adjustment Minutes April 14, 2004 Page 3 working on the restoration for the past two years. The entry stoop in question was quite heavy, had not been properly footed and was literally falling off. A structural renovation was necessary. After speaking with Staff and members of the Historic Preservation Committee, it had been decided that a structure that essentially matched the mass and proportions of the existing structure would have minimum impact on the building. Russo said he didn't wish to damage the building and there really was no where else to go without damaging the visual construction of the building. The porch would not actually be 14-feet, the distance from the edge of the building to the first window would be 14-feet, allowing for overhangs, etc. The porch would actually be between 12- to 13-feet long and only 7-feet deep. Russo had asked for 8- feet in order to be able to adequately deal with all requirements. Public discussion was closed. Motion: Alexander made a motion to approve EXC04-00008. Leigh seconded the motion. Keitel said he would vote in favor of the motion. The proposed front yard setback would not be detrimental to the property in question; the Stipulations of the Guidelines had not been violated. Alexander said she would also vote in favor of the motion. This truly appeared to be a unique situation, converting a church building into a single-family residence; there was practical difficulty because of the historic preservation concerns; there didn't seem to be any feasible alternatives in lieu of the special exception. Wright said he would vote in favor of the motion for the previously stated reasons. It certainly was a unique situation and the proposed setback would not alter appearances radically from others in the neighborhood. Leigh said she would also vote in favor of the motion. She agreed with the points made in the Staff report that this was not inconsistent with other neighborhood buildings and represented a substantial investment in the neighborhood. The motion passed on a vote of 4-0. APPEAL: AP04-00003, an appeal submitted by Allan L. Berger of the written interpretation issued by the Iowa City Zoning Code Interpretation Panel on March 1, 2004 regarding animal clinics in the Highway Commercial (CH-l) Zone and of his appeal that veterinary establishments be considered auto- and truck-oriented uses.. Howard said Berger had posed two questions to the City: 1. Are small animal clinics allowed in the Highway Commercial Zone (CH-l)? 2. Are emergency veterinary establishments auto- and truck-oriented uses as defined in the Iowa City Zoning Ordinance? Howard said the City had responded both verbally and in writing to Berger. The Staff Report provided additional evidence and support of the City's position that small animal clinics were not allowed in the Highway Commercial Zone and that emergency veterinary establishments were not considered auto- and truck-oriented uses such that they would be a permitted use in the CH-1 zone. Howard said Berger had relied to some extent on an analysis done by Ralph Stoffer, his consultant, in trying to figure out a way to allow his proposed veterinary establishment on a particular property along Highway 1. Howard reminded the Board that this appeal was not about a particular property, it was about the Zoning Ordinance and how it was interpreted for all properties in the Highway Commercial zone and for all commercial development in all commercial zones. Howard said Berger had carefully crafted his case, the language in the Zoning Code could be interpreted in his favor, the question before the Board is whether the City made an error in its interpretation and application of the Zoning Ordinance. The Zoning Code was written over 20 years ago and has been amended many times, so the language of the current version could be confusing in some cases. She said some of the confusion in this case was between the words 'allowed' and 'permitted'. It was the case with the Zoning Ordinance that sometimes the word 'allowed' and the word 'permitted' were meant to be a specific thing and sometimes they were meant to be interpreted generally. In some cases, it is necessary Board of Adjustment Minutes April 14, 2004 Page 4 to look at the whole structure of the Code to figure out how it should be interpreted. Howard said Berger had made a case to interpret the Code a certain way. Staff and the City felt that the way Berger had interpreted the Code would undermine the very structure of how the Commercial Zone sections of the Zoning Code. That is out of Staff's primary concerns. Howard said it was not enough for Berger to show that the Code could be interpreted differently. He must convince the Board that the City had actually made an error in interpreting the Code in the way that it had. If the Board was going to find for Berger, they needed to state in their findings why and how the City had made an error in their interpretation of the Code. Howard said the language in the Code was intended to provide rules for all development in all zones so it was important to look at the structure of the Code, "Would the particular interpretation undermine the structure of the Code?" She said the argument in this case centered around the fact that CH-1 zone listed office uses allowed in the CO-1 in its Permitted Use section of the CH-1 zone. The actual language in the Commercial Office zone section, "Offices which do not carry on retail trade activities and do not maintain a stock of goods for sale to customers except for those retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following, (A) Drive-In facilities and (B) Small Animal Clinics." Howard said that language was referred to in many of the other commercial zones including the Community Commercial zone and the Intensive Commercial zone. Howard said this was essentially where the City felt that Berger's argument fell down. The Code very specifically states which zones small animal clinics are allowed in. She said, for example, in the Community Commercial zone it had the same language that referred to office uses allowed in the Commercial Office zone, but also specifically stated that small animal clinics were allowed as a provisional use. There are three types of uses, Permitted, Provisional, and Special Exceptions. The Board most often reviews cases regarding special exceptions. Howard said it would not make sense for the Code, as Berger had implied, to allow small animal clinics as a special exception whenever that language occurs in the commercial zone sections and also specifically allow small animal clinics as provisional uses in the same zone. That clearly showed that it really was not the intent of that reference to the CO-1 zone. Howard said another thing that has been pointed out in the Staff Report was that there was a timing issue involved which may have caused some of the confusion with the existing Code language. It was not until 1996 that the Commercial Office zone was amended to allow small animal clinics as a special exception. Prior to that, this reference from other commercial zones to the CO-1 zone was already present in the Code and it was not until 1996 that small animal clinics were added as a special exception to that zone. Howard said that was another piece of evidence that would point to the fact that the intent was to very specifically cite where small animal clinics were allowed and where they were not. Howard said with regard to the second question, "Are emergency veterinary establishments auto- and truck-oriented uses as defined in the Iowa City Zoning Ordinance?", auto and truck oriented uses have always been considered uses that either served persons while they were in their cars such as drive- throughs or they were uses that provide services for vehicles such as providing services for trucks or automobiles such as gas stations, auto repair shops or auto rental places. Emergency veterinary establishments did not fall into either one of these types of auto and truck oriented uses. Berger had stated that he intended his clinic to draw traffic from outside the City. However that was true of a lot of commercial establishments in Iowa City, such as the hospitals and clinics that drew from a larger region. Most of the City's commercial zones are specifically located along arterial streets with good access to the City's street network, Many commercial uses would consider a location at a highway interchange to be advantageous to drawing customers. However, Howard said to consider any use that drew customers from a larger region to be auto and truck oriented uses would render the term 'auto and truck oriented use' in the Zoning Code essentially meaningless. Almost any commercial use would fall into that category. Howard said, in summary, granting the appeal would not serve the interest of justice in this case because neither the letter nor the intent of the City's Zoning Ordinance would be upheld by such a decision. Granting the appeal in this case would not clarify the language of the Zoning Code but would in fact erode the structure of the Code, not only for the properties in the Highway Commercial zone but for properties in other commercial zones where the same language was used to distinguish when and how certain uses were allowed. Board of Adjustment Minutes April 14, 2004 Page 5 Howard said Staff had been working with Berger over the last one and one-half years trying to help him find appropriate zones and places. He had also submitted a letter to the Planning and Zoning Commission with ideas and suggestions as to how to amend the Code to make it easier to locate veterinary establishments. Staff and the Planning and Zoning Commission have carefully considered those suggestions and have recommended some changes Berger has suggested. Staff would like to work with Berger to try to find a location for his veterinary clinic, but the Highway Commercial zone is not a place that veterinary clinics are allowed in Iowa City. Therefore Staff recommends that the Board of Adjustment deny AP04-00003, an appeal by Allan L. Berger of the written interpretation issued by the Iowa City Zoning Code Interpretation Panel on March 1, 2004 regarding animal clinics in the Highway Commercial (CH-l) zone and of his appeal that veterinary establishments be considered auto- and truck- oriented uses. Alexander said pages 2542 and 2543 of the Code had been included in the Board's information package. She asked Staff to walk the Board through the actual language of the Code in order to facilitate her finding of the exact wording Howard was referring to. Howard said those pages had actually been submitted by the appellant. Howard used the actual Code itself to provide the information Alexander had requested. Behr reiterated the Board's scope of review. He said to grant this appeal and ovedurn the decision of the ZCIP panel, the Board must determine that the decision was in error, either an error in interpretation of the law or an error in application of the law to the facts of this case. In deciding the matter, Behr said the Board should carefully articulate whether they believed there was an error and why or why not. In the written materials that had been submitted to the Board, there was discussion of Code Section 14-6E-3B sub 5 and discussion of a footnote shown in the text of the ordinance. Behr said that footnote was not in the actual ordinance, it did not have the status of law and therefore was not binding in the sense of status of law. Typically footnotes were added by a codifier or as a cross reference. Behr said he was pointing this out simply to advise the Board that the footnote should not serve alone as the basis for their decision in this appeal. Their decision should be based on interpretation of the Zoning Ordinance, of this or other provisions they felt were relevant as they fit into the entire ordinance. Public discussion was opened. Allan Berqer, 3005 Hwy 1 NE, said he had provided handouts to the Board for their review. Berger stated he was a veterinarian and had been looking to move his existing veterinary practice into Iowa City for a few years. Due to conflicts between veterinary clinics and residential uses, there were very few locations where a veterinary clinic could be built. Berger said in the Staff Repod the City had stated, "In this case, the Zoning Code Interpretation Panel considers the language quite clear and specific." Berger said he could not disagree more with that statement. Berger presented a PowerPoint presentation detailing what he hoped to construct on the site. The mixed use facility would contain a basement, ground floor for the veterinary clinic and a second story with access from the other side which would be used for more traditional office uses and "less controversial things". Berger said the CH-1 zone permitted uses that included office uses allowed in the C0-1 zone. The C0-1 zone text under special exceptions said small animal clinics were allowed provided they followed certain rules. Berger said he planned to follow those rules. He said the Creature Comfort Veterinary Clinic, located in a CO-1 zone, was considered to be conforming and that proved that veterinary clinics were allowed in the CO-'I zone and considered to be conforming Berger said the Zoning Code Interpretation Panel's opinion actually said that the footnote was a part of the law and that was what made veterinary clinics not allowed in a CO-1 zone, because they were not in 14-6 E1 b rather they were in 14-6 E1 d. Berger said Behr's statement that the footnote was not a part of the Code was actually contrary to the determination of the Zoning Code Interpretation Panel. Berger said the footnote preceded allowing veterinary clinics in the CO-1 zone. Howard had provided an accurate timeline: first the footnote had been written then veterinary clinics had been added to the allowed use of the CO-1 zone. He said, "To say the intent of the footnote had been to proscribe veterinary clinics from the CO-1 zone could not be, there was no reason to think that." Board of Adjustment Minutes April 14, 2004 Page 6 Berger said the second question that needed to be asked was, did the footnote take precedence over the main text of the Code? He said Behr had essentially contradicted the opinion of the Panel, who'd said the footnote was an important part of the Code. Behr had said it was more for reference. Berger said The Staff Report dated April 9 actually differed from the Zoning Code Interpretation Panel in two important ways: 1) There was a four-page 1996 Staff Report which Staff pointed to as conclusive proof that veterinary clinics were not intended in the CH-1 zone. 2) The structure of the Code. Berger said the June 20, 1996 memo cited by the recent Staff report as conclusive proof that veterinary clinics were not intended in the CH-1 zone was written just before veterinary clinics/small animal clinics were added to the allowed use of the CO-1 zone. The opinion had been written by Scott Kugler, an Associate Planner, who was analyzing the R/O (Residential Office) zone. Berger said Kugler had been concerned that the R/O zone, as a residential zone, might be inappropriate to have veterinary clinics near a residential zone. Kugler had analyzed the R/O zone as it had existed in 1996, that it allowed all uses permitted in the CO-1 zone and it would permit a small animal clinic upon approval of a special exception through the reference of adding veterinary clinics to the CO-1 zone. There was a footnote that said see Subsection 14-6 E1 b of this chapter. Berger said the CH-1 zone as it existed today said, "Permitted uses, office uses allowed in the CO-1 zone." with a footnote that said see Subsection 14-6 E1 b of this article. Berger said he felt 'office uses allowed in the CO-1 zone' actually allowed more uses than just the permitted uses of the CO-1 zone. He said they were very similar statements except for the last use of the word [chapter / article]. He said in his analysis Kugler had concluded that an R/O zone would permit a small animal clinic upon approval of a special exception through this reference. Berger said since the Code was nearly identical in a CH-1 zone today, he did not understand why this memo was conclusive proof that veterinary clinics were not allowed in the CH-1 zone. Berger said he thought it was the exact opposite, the memo said veterinary clinics should be allowed. The reason why they had been concerned about veterinary clinics in the R/O zone was because it was a residential zone. There were no residences anywhere near any of the CH zones. Berger said the second point he wanted to touch on was if veterinary clinics could be considered an auto- and truck-oriented use. He said the definition of auto- and truck-oriented uses included 'uses catering to the convenience of drivers of motor vehicles, including convenience groceries, service shops, dry- cleaning centers, photo developing drop centers.' Berger said one of the reasons he was interested in this site was because it was right along 1-80. He was looking to expand and relocate his practice. His veterinary practice was actually different from any other veterinary practice in Iowa City as they were staffed 24-hours a day because they saw emergencies. They saw emergencies that were referred to them from most veterinary practices in Iowa City and the Johnson County area. Most of their activity was from the north part of Iowa City and Johnson County so persons had to be able to find them quickly. He said a location that was easy to find was critical as they were dealing with persons who had an emergency, who were upset and who had not been to his practice before. Berger said he felt part of the definition of auto- and truck-oriented uses, was that it catered to the convenience of persons who were driving to it. Berger said one of the criticisms of his arguments was that as a consequence of what he was proposing, veterinary clinics could be allowed as both a permitted and a provisional use in two zones. He said it happened all the time. Berger cited examples of dry-cleaning establishments and convenience grocery stores stating he did not see why it would be a problem for his use but not for the other uses. Berger said the specific CH-1 zone that they proposed to build their clinic in was located just off NoAh Dodge Street. The area could support the traffic of an emergency veterinary clinic; there were no near-by residences. Immediately on the other side of 1-80 was a veterinary clinic directly adjacent to a hotel and gasoline station. The site he proposed to locate on was also directly adjacent to a hotel and a small gasoline station. Berger said within the same subdivision was a precedent for clinic use, Steindler Medical Clinic had located there within the past two years. Berger said Staff would now probably say the medical clinic was not appropriate in a highway zone as it did not serve people in cars nor did it have a drive through. No one had raised any concerns when a medical facility had located in the very same CH-1 zone. He was planning to use the same builder for his two structures as had designed and built Steindler Orthopedic Clinic. Board of Adjustment Minutes April 14, 2004 Page 7 Berger said he had written a letter to the Planning and Zoning Commission in August, 2002. To date, he had not received a reply from them nor had they had given him any meaningful help in the past two years. Berger said the question could arise as to if a special exception were even needed to establish a veterinary clinic in a CH-1 zone. If an emergency veterinary clinic was accepted as an auto- and truck- oriented use, then a special exception would not be needed. If the Board decided that a veterinary clinic would be allowed because it was a use that was also allowed in a CO-1 zone, then it became unclear. Veterinary clinics were allowed in the CQ-1 zone, but only with a special exception. Berger said the question then came up, should a veterinary clinic in a CH-1 have the same requirements as if it were in the CO-1 zone. Kugler had analyzed this exact issue in the context of the residential office zone in the memo from 1996. Kugler had concluded that if the Code persisted as it was in 1996, that a veterinary clinic would require a special exception. Berger said he was comfortable with that, the Board had his application before them. Berger said he was struck by the differences in the standard of review that the City had used in evaluating the issue of veterinary clinics. The Panel had said that during a review, every single word including a footnote had to be looked at. The City Attorney's Office now said that a footnote was not actually a part of the Code. Berger said when they had evaluated the auto-and truck-oriented use definition, they had refused to acknowledge the very words that had been in the definition, "uses catering to the convenience of drivers of motor vehicles, including but not limited to convenience groceries and service shops and dry cleaning centers." The Staff report and Howard had said that the factor that distinguished an auto- and truck-oriented use from one that was not, was the presence or absence of drive through facilities. Berger said he felt that was a blatant distortion of the Code. The Code didn't say those facilities had to have a drive through. Berger said the Staff report stated that in this case, the Zoning Code Interpretation Panel considered the language quite clear and specific. He did not see how any person could reasonably come to the same conclusion. When considering the arbitrariness of the City's point of view was amplified when a person noted how closely situated another veterinary clinic was and how close a medical clinic was. Berger said those locations were so close, their sites could not be rationally distinguished from his proposed site. Berger said he was going to be listening very carefully to hear how the Board addressed the interpretation of the Code. Additionally, he would be listening even more closely to hear what the Board thought of his project, was a veterinary clinic appropriate in that type of a location, was his use going to cause problems; was the site plan appropriate; was a mixed use building that would house a veterinary clinic and some other uses appropriate. Ralph Stoffer, 535 Southgate Avenue, said he was a civil engineer who specialized in site plans and similar types of stuff. He had sat through the 1983 re-write of the Code. The vet clinics and drive ins had been a hot issue at the time. They had just started doing drive-up types and pick up and there had been some really bad ones. At the same time, they had had some real problems with veterinary clinics that were not operated very nicely. They had had outdoor kennels that were in a residential neighborhood. Stoffer said that was why they had pulled those two items as a permitted use from the office uses and moved them over into the special exception. Stoffer said his analysis of this was in the legal things, of specific words that might be used interchangeability became very specific. A permitted use was an allowed use and if approved by the Board a special exception was also allowed. They were very different words in the Code. In the R/O zone, the CO-1 zone permitted uses, every office use except a drive through or veterinary clinic was a permitted use. In the Highway Commercial zone, it was all of the uses that were allowed. Stoffer said he would contend that a veterinary clinic was an allowed use with a special exception. He said Behr's comment made about the footnote was key to the Panel's decision and therefore was a mistake. He had written out the reasons he felt this was an allowed use and had submitted them as part of the Boards information packet. He said they were simply asking permission to build a veterinary clinic on that particular lot. Jack Lester said thirty years ago he'd been involved in developing the Interstate. He'd purchased the Jones, Harriet, Stephens oil company in the early 1970's and opened the location at the corner. It had been a tough opening, he'd learned a lot about what made up the Interstate and what attracted consumers off the Interstate. He said that immediate corner had always been difficult to develop. He felt Berger's was an innovative project. He said he had introduced food products to convenience locations which at the time had been considered to be "nuts". Berger's proposal was not being recognized for having its potential interstate use. Many persons traveled with pets. He'd been working with Berger and Board of Adjustment Minutes April 14, 2004 Page 8 his wife, both from New York, both with PhD's, for nearly two years to try and find a site for their proposed clinic in Iowa City. It had been very difficult, the community had done a very good job at frustrating the Berger's. The City and State was running a lot of young couples out of the State, he hoped the City would not run the Berger's out. Sue Nelson, 924 Summit Street, said a year ago one of her son's cats had begun seizing at 3:00 am on Sunday morning. Her veterinary clinic had hooked her up with Dr. Berger. Nelson was appreciative that she could find his location and Berger had compassionately euthanized the cat. She said location was very important, especially during emergencies. She said she would be very appreciative of any thing the Board could do to help Berger's situation. Jennifer Brown, Popl's Ave NE, said she owned Kolder Pet Hospital in West Branch. As a local practicing veterinarian, a veterinary emergency clinic was desperately needed in this area. They had many things to offer to improve the healthcare of pets, first and foremost being that they were open at all hours. They had overnight care and monitoring of pets available, plasma for transfusions for animals and would have emergency equipment available that regular clinics could not afford or have the ability to run. In the past veterinarians had sent these animals and their neurotically frightened drivers an hour's drive away to hopefully save their animal. Previously there had been no other options available. Brown said she hoped the Board could see the importance of the proposed emergency veterinary clinic, they should try to imagine not having an emergency room available for humans. An emergency veterinary clinic needed to be in a location in order to see enough clients from all the different referring entities that they could afford all equipment and the overnight care. Brown said the other vital consideration that had been brought up was that the clinic needed to be in an easily accessible location. There was no ambulance for pets. Many couples were not having children and their pets were their babies. The owners of an injured pet would be panicked and would need a clinic that they could find quickly on a main street that was quite visible. Jenn Ber~ler, 3005 Hwy 1 NE, said she was the other-half of the Berger's. She felt it was very important for her to attend in that for her and her husband, being veterinarians was pretty much their life. Berger said the City repod stated, "That the approval of their use would not serve the interest of justice." She felt to deny it would be an injustice. It was a family owned and operated business, she was an equal partner. After having been told verbally that this location was accepted by City Staff, they had invested quite a bit of time and money on this project to date. As had been previously stated, it would be a disservice to pet owners in this area to not allow them to build a day and emergency veterinary clinic in this location. She said the City report had stated that the current Iowa City hospitals were not located at highway interchanges, making the assumption that that was okay for everything. Berger said she felt their particular location would actually be an excellent location for a human emergency hospital. All three of the Iowa City hospitals were hard to find and took a long time to get to, especially during football season. The majority of true human emergencies traveled to hospitals in ambulances driven by ambulance drivers who knew exactly where they were going and had lights and sirens to assist them in getting there quickly. Stressed owners of sick pets had a very difficult time with the most simple of directions. Easy access to their clinic, either day or night, was of the utmost importance. Berger said she believed the city and surrounding communities would be better served by their multi-use building than that of a fourth gas station at this intersection. Alan Ber,qer, said there was a City Staff report that had been authored on June 6, 1996 which was different from the June 20, 1996 repod that the City Staff had included with their filing. On Monday he had requested a copy of the memorandum and had been told Staff could not find it. Just prior to this meeting, Howard had provided him with a copy of the requested memo authored by Kugler. Berger read an except from the memorandum and requested that the document be added into the legal record. Howard said Stoffer was correct when he'd stated that there had been much interest in figuring out the best way to allow veterinary establishments in Iowa City. One of those instances had been in 1996 when a party had gone to the Planning and Zoning Commission to request an amendment to the Zoning Ordinance to allow veterinary clinics in the Highway Commercial zone. The party had also requested that their property be rezoned from CO-1 to CH-l, thinking that the CH-1 zoning would be a better zone for an amendment to the Zoning Ordinance. That had been the context that the Kugler memorandums had been written in that Berger had referred to in his testimony. Howard said in that particular case, while some of the language in the memos was deliberation about amending the Code, not all of it got in the Code for various reasons. What had been decided at that time was that it really was more appropriate to have veterinary clinics allowed in a CO-1 zone and not in a CH-1 zone. The discussion very specifically had Board of Adjustment Minutes April 14, 2004 Page 9 been that the City had deliberated on this and "had decided that it wasn't best to rezone the property to CH-l, it wasn't best to amend the Zoning Ordinance to allow small animal clinics in the CH-1 zone, it was best to amend the Zoning Ordinance to allow small animal clinics in the CO-1 zone and keep the zoning the way it was for this particular property." Howard said it was noteworthy that the Code wasn't amended as Kugler had talked about. When the Code was amended the R/O zone was not amended and it could be surmised that it was determined to be unnecessary because it was very clear that small animal clinics were not intended to be allowed in the CH-1 zone at that time. Howard said there is no doubt that an emergency vet clinic is a needed use in Iowa City. There are a number of zones that allow this type of establishment. There is very little CH-1 zoning in Iowa City, it is mainly around the highway interchanges. The Commercial Office zone is much more prevalent, and in the Community Commercial zones veterinary clinics are allowed as a provisional use. They don't require a special exception. All of that type of zoning had direct access to the arterial street network in Iowa City. Howard said there was no doubt that this particular location was attractive to the Bergers. It might be the case that the City would consider it a good idea to amend the CH-1 zone to allow veterinary clinics based on some evidence that Berger and other persons submit. However, Howard said this was not the City body that could amend the Zoning Ordinance, that argument would need to be made in front of the P&Z Commission and the City Council. The Board of Adjustment was charged with deciding if the City had made an error in interpreting the Code the way it had. Public discussion was closed. Behr said given the discussion that had occurred, what was before the Board was the appeal of the conclusion reached by the ZCIP Panel. The question before the Board was whether the Panel had made an error in interpreting the law or applying the law. The question was not whether the Board felt that this or another small animal clinic would be good at this particular location nor was it a question for the Board as to if they thought small animal clinics were good in CH-1 zones. Behr said only after the appeal decision, if the appeal was granted, only then did the special exception come before the Board. He said there had been a lot of discussion regarding the special exception, but it would come before the Board only if and when the Board granted the appeal and decided to hear the special exception. If the appeal was not granted, then they as a body would have ruled that they didn't have jurisdiction over the special exception. Behr said his comments at the outset were not meant to characterize the ZCIP Panel decision in any way. What was before the Board was the conclusion reached by that Panel. The Board's decision should be based on the entire Zoning Code and the provisions of it that they felt applied. Miklo said there had been several references from and regarding the 1996 memos from Staff, he wanted to be sure that the context was clear. Those memorandums had been written in response to a veterinarian who had asked that the CH-1 zone be amended to allow veterinary clinics. That request had been rejected at that time, a legislative decision not to amend the CH-I Highway Commercial zone had been made. Miklo said that was why it was Staff's position that it was clear that there was a decision not to allow veterinary clinics as either a permitted use or as a special exception. What had been done at that time was that the CO-1 zone had been amended on Staff's and the P&Z Commission's recommendation and was amended by City Council to allow small animal clinics to be considered by special exception. Miklo said in 1996 it had been a very lengthily process where this had been debated and the conclusion at that time had been that small animal clinics should not be permitted in the CH-1 zone. He said circumstances might change, but that was a decision for the P&Z Commission and City Council, not for the Board of Adjustment. Behr said the Board had heard discussion of what had been characterized as various interpretations over time. The interpretation at issue before the Board was that of the ZCIP Panel, whether or not the Panel had interpreted and/or applied the provision of the Zoning Ordinance correctly or not. Howard said the question about the auto- and truck-oriented use had also been considered in this appeal, which had not been addressed by the ZCIP Panel but had been addressed by the Staff Report. Behr said also before the Board was the decision of Staff that the small animal clinic was not allowed as an auto- and truck-oriented use. They were also to decide if there had been an error in Staff's determination. Board of Adjustment Minutes April 14, 2004 Page 10 A. Berger, speaking after public discussion had been closed, said he wished to rise to an issue of fact. He said Miklo had stated that in 1996 the amendment of the CH-1 zone had been rejected as a legislative decision, the minutes indicated that the application had been withdrawn. It had never been voted on. Miklo said that was correct, it had not been voted on. The direction had been that it was not recommended and the Commission had found another avenue to permit that particular veterinary clinic. Alexander asked for a clarification regarding the general intention of a CH-1 zone. Miklo said a CH-1 zone was a Highway Commercial zone. The general intention was that it should provide space for businesses serving motorists, people traveling over the interstate highway system or the major highways through the community. It encouraged things such as hotels, motels, gas stations, truck stops, restaurants and things that provided a service or convenience to interstate motorists. Howard read the intent from the Intent Section of the Zoning Ordinance Code. In response to an inquiry from Alexander, Howard said in general the way they distinguished between the different commercial zones was by trying to make different places for different types of uses. Berger said the Steindler Orthopedic Clinic existed within the CH-1 zone and its use was no different than his proposed facility in terms of the type of traffic it would draw. In the past the City had made the determination that medical office space was appropriate in the CH-1 zone, he didn't understand why his project was receiving a different level of review. Behr reminded the chairperson that the public discussion section had been closed. Motion: Alexander moved that the appeal submitted by Allan L. Berger of the written interpretation issued by the Iowa City Zoning Code Interpretation Panel on March 1, 2004 regarding animal clinics in the Highway Commercial (CH-l) Zone and of his appeal that veterinary establishments be considered auto- and truck-oriented uses be granted. Leigh seconded the motion. Alexander said this was the most complicated item that had come before the Board since she had been there. It could certainly appear to be a case of splitting hairs in a lot of directions. She saw the Berger's proposal as a wonderful project and would fully support it. However, in terms of what was before the Board, reading the Code and not even necessarily relying on the City's interpretation, she would have to vote to deny the appeal. Alexander said she could not find that the City had made an error. She encouraged the Bergers to go to Zoning and try to have it altered. The Board had no legislative ability, all they were allowed to do was to look at the letter of what was written and make a judgment as to whether they saw that an error had been made, and she could not find that. Leigh said it was not a question of whether this was a needed project. There had been times in the past when she had been in need of services such as those 13ergers were proposing to offer. It would have been wonderful to have known that they were available. She understood why the location appealed to the Bergers, the aesthetics of the proposed building were beautiful, but she could not find that a mistake had been made in the interpretation. Leigh said to say that a use that was permitted by special exception under CO-1 could be extrapolated that it was blanketly approved under CH-1 was not correct. Leigh said she also did not see the Berger's proposed clinic as an auto- and truck-oriented use. She understood the urgency and the need to be able to be found, but under CH-1 they were talking about 'in and out' services. She had spent many hours at a veterinarian's office for a pet's treatment or surgery, it was not exactly an 'in and out'. She could find that no misinterpretation had been made. Wright said he had to say sorrowfully that he agreed with his colleagues for the reasons that had been stated. He did not see that any errors had been made by the City or Zoning Code Interpretation Panel. The intent of the wording in Section 6 was relatively clear. He would vote to deny the appeal. Keitel said as stated by the Attorney for the Board, they were looking at two issues. As to the issue of whether or not a small animal clinic could be defined as an auto- and truck-oriented use, he agreed with Staff. He didn't feel that a small animal clinic was considered such a use. They were talking about automobile uses not people uses. He did not feel the definition could be stretched enough to include a small animal clinic as an auto- and truck-oriented use. Keitel said from that standpoint, the Zoning Code Interpretation Panel had the correct interpretation. Keitel said he had a harder time agreeing with whether this was a permitted use in a CH-1 zone. Looking at the Zoning Ordinance, they were hanging a lot of their hat on the footnote. He didn't think it was real Board of Adjustment Minutes April 14, 2004 Page 11 clear what the intent for the footnote had been, the footnote did not appear in the City Code. He felt the ZCIP panel had been trying to rely on the footnote. Keitel said in the end, he agreed with his colleagues that the use of a small animal clinic in a CH-1 zone was not an appropriate use. Looking at the zoning map of that area, he could see where it was unfortunate that it was not adjacent to a CO-1 zone where it would possibly be easier to have the area rezoned and then ask for a special exception in order to have their small animal clinic. He was going to vote in favor of the ZCIP Panel's interpretation of the Code. Keitel asked that Staff, during the re-write of the Zoning Code take another look at this issue. Alexander said what was being described here was something different than the typical small animal clinic and suggested that it be considered to create a special category for this particular use. The motion failed on a vote of 0-4. Stoffer requested that it be stated for the record why the Board was not or would not give consideration to EXC04-00005. Behr said due to the Board's decision on AP04-0000;~, their decision meant that the Board did not have jurisdiction to consider EXC04-00005. VARIANCE: VAR04-00001, discussion of an application submitted by John Roffmann for a variance from the zoning ordinance to allow 4 roomers (a total of 6 unrelated occupants) in a High-Density (RM-44) zone at 622 S. Johnson Street. Miklo said at the time this property had been built in 1964, it had been zoned Multi-Family Residential, R3A, the equivalent of RM-44 zoning of the current zoning ordinance. At the time the R3A zone permitted this dwelling to be occupied by a family which might include two unrelated persons and a maximum of three roomers or a maximum of 5 unrelated persons. The zoning ordinance never legally allowed this property to be occupied by more than 5 unrelated occupants. As a result of a recent directive of the City Council to improve enforcement of City ordinances, the over occupancy of this dwelling had come to light. The Council had passed an ordinance requiring an Information Disclosure and Acknowled~lement Form which meant that each time a rental permit was issued, the City Housing Inspector was to verify how many persons could occupy a dwelling based on zoning, housing code and other city codes. Miklo said the Board might grant the requested variance to allow six unrelated occupants only if the requested relief was found to meet all the tests of a variance as set forth in the Zoning Code. Miklo highlighted the tests as documented in the Staff Report of April 14, 2004. He said granting a special privilege not enjoyed by the neighbors could result in other land owners seeking similar variances to increase the number of occupants on their properties. Miklo said as early as 1962 the City Council had determined that at most 5 unrelated occupants should occupy any one dwelling in the R3A zone. This property was located in one of the highest density areas of the City. Staff felt granting a variance would be contrary to the Zoning Ordinance and to the Comprehensive Plan as well as could potentially lead to other variance requests from other property owners in the area. Miklo said the applicant had submitted no financial records to indicate that the application of the Zoning Ordinance to this property would not result in a reasonable return on this property. The owner may have enjoyed more rental income from this property than they were entitled to if it had been rented to 6 unrelated persons for all these years. The value of a property should be based on the maximum legal occupancy and not an illegal use of a property. Miklo said nothing had changed in the Zoning Code since this building had been built in 1964. City Council had made major amendments to the Zoning Ordinance in 1976 and in 1983, but had never increased the limit of unrelated occupants permitted in a dwelling unit to more than 5 persons. Miklo said the applicant had not met any of the tests required for granting a variance. An applicant was required to meet all of the tests and not just any one of them, so Staff recommended that particular application should be denied. Public discussion was opened. John Roffman, 1314 Burry Drive, said he had been in the rental business for 35-years. After listening to Staff's presentation he was probably in the wrong place at the wrong time. The reason he was there was Board of Adjustment Minutes April 14, 2004 Page 12 because there was a bigger issue at hand. Only recently had Council directed Staff to more rigidly enforce codes that were in place, which had come out of the Neighborhood Action Committee. That had occurred because of noise, padies, parking, etc and typically not high density neighborhoods. Roffman said a variance request to the Board was where he had been directed to go to, but he was not sure it was actually the right venue. He had several other units located in the same zoning area but based on bedroom square footage and parking he was able to legally rent to 5 persons. He also had a one bedroom unit with a legal occupancy of one. Two weeks ago he'd had a young couple who were trying to get out of the shelter inquire about the one-bedroom unit. One of the predications for enrolling their child in a pre-school was that they have a permanent address. They could afford the one-bedroom apartment, but they could not live there because of the legal occupancy limits placed on it due to the size of the bedroom. Roffmann said he had a problem with that. In the late 1960's when he'd been in college, he and two others had shared a one-bedroom apartment using a set of bunk beds and a single bed. The room had been no more than 13 feet long and they had all survived. Roffman said people lived according to what the budget allowed. The couple's credit score wouldn't have allowed them to obtain the apartment unless they had put a double deposit on it, but the current tenants were trying to break the lease and had offered free month's rent. Roffman said what he was trying to say was that there were a lot of inequities as far as occupancy and rating, how it was determined and what people could afford. Roffman said it had no affect on the public health, safety and welfare in that the City was regulated to provide whether there were six people in a six bedroom apartment or 5 people in a three bedroom apartment with one bathroom. He requested that the Board or proper entity would direct Staff to reevaluate occupancy, numbers, and etc. Up until the last two years until landlords had begun to be inspected, they had not had a clue as to how many people could reside in a residence. It had been well stated that five unrelated was the maximum. He said each time an inspection was made and the calculations as to occupancy came back, it was sometimes inconceivable that the occupancy numbers were correct. For instance in a one bedroom there could be one person, but in a little efficiency that had no bedroom but had a little kitchen and bath, due to the size of the room, two persons could legally reside there. Roffman said what he felt needed to be done was to reevaluate the whole living arrangement situation, how it was rated and what was appropriate. Roffman said he looked to the Board for assistance in how to address this situation. His was a small issue in comparison to all the others that were an inappropriate rating of space and how many persons could live there. There were a lot of issues that needed to be resolved and addressed. Norm Cate, Senior Housing Inspector, said what Roffmann had brought up regarding the floor space issue was something through the Housing Code that the Board of Adjustment didn't have any jurisdiction over in terms of square footage and how many persons could be in a unit. There were those inequities such as situations in which 4-persons as the maximum occupancy being granted to a one bedroom unit because there was more than 440 square feet within the unit and the bedroom had more than 190 square feet in the bedroom. Per the Building, Housing and Zoning codes, if the dwelling were in the appropriate zone, that unit could have 4-persons in one bedroom. It was a Housing Code issue. Public hearing was closed. Motion: Wright moved that VAR04-00001, an application submitted by John Roffmann for a variance from the zoning ordinance to allow 4 roomers (a total of 6 unrelated occupants) in a High-Density (RM-44) zone at 622 S. Johnson Street be approved. Alexander seconded the motion. Alexander asked for a brief review of the Board's responsibilities. Sara said as stated by Miklo and in the Staff Report, in order to grant a variance legally the Board had to find that the property or the applicant had proven all of the tests that had been outlined. Ultimately if those tests were not met, it was an illegal action by the Board in granting a variance. Keitel said he was in sympathy with Roffman and the rental landlords in the town with respect to the recent vendetta of City Council but the Board had to go by the tests as outlined in Staff's Report. He had not found any overall mitigating circumstances to allow the Board to consider granting this variance. This would be the second of many applications that would come before the Board until some changes could be made in the Zoning Code and the way that Housing Inspection Services evaluated rental properties. All they could do was to go by the rules that were set. He would have to vote to deny the variance. Board of Adjustment Minutes April 14, 2004 Page 13 Alexander said she too would have to vote to deny the variance based on the items that the Board was allowed to consider. Leigh said she too had lived in a very small apartment when she was a student, but agreed the Board could not grant the applicant special privileges not enjoyed by his neighbors' if the Board said yes to this application then they would have to say yes to other places that were over occupied and were problematic because of that. She would have to vote to deny. Wright said he concurred with the comments made by his colleagues. The structure didn't meet the tests for granting a variance and apparently never had met the zoning regulations. He would have to vote no. The motion failed on a vote of 0-4. EXC04-00006 Miklo said the applicant had requested that this item be deferred to the May 12, 2004 meeting while she investigated parking options. Motion: Alexander made a motion to defer EXC04-00006, an application for a special exception to permit a nonresidential child care center in the Low Density Single-Family Residential (RS-5) zone located at 735 Westgate Street. Wright seconded the motion. The motion passed on a vote of 4-0. OTHER: BOARD OF ADJUSTMENT INFORMATION: ADJOURNMENT: Alexander made a motion to adjourn the meeting at 7:27 pm. Leigh seconded the motion. The motion passed on a vote of 4-0. Board Chairperson Board Secretary Minutes submitted by Candy Barnhill Board or Commission: Board of Adjustment ATTENDANCE RECORD YEAR 2004 April 14, 2004 TERM NAME EXP. 1/14/04 2/11/04 3/10/04 4/14/04 5/12/04 6/9/04 7/14/04 8/11/04 9/8/04 10/13/04 11/10/04 Carol Alexander 1/1/08 NM X X X Dennis Keit¢l 1/1/05 NM X X X Karen Leigh 1/1/07 NM X X X Vincent Maurer 1/1/06 NM O X O/E Michael Wright 1/1/09 NM X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member DRAFT IP19 Minutes Senior Center Commission April 20, 2004 Room G09/8 - Senior Center Call to Order: Meeting called to order at 2:00 PM. Members Present: Lori Benz, Jo Hensch, Jay Honohan, Betty Kelly, Sarah Maiers, Charity Rowley, and Nancy Wombacher. Members Absent: None Staff Present: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal. Others Present: Donna Friedman-Curry, Robed Wachal Recommendations to Council: None. Approval of Minutes: Motion: To approve the March minutes as amended, Rowley/Kelly. Motion carried on a vote of 7-0. (Benz was originally listed as present, changed to absent) PUBLIC DISCUSSION- Donna Friedman-Curry expressed her concerns related to the changes in format to the Senior Center's monthly newsletter, The Post. She is concerned that the new version is too short, the font size it too small and the type of font should be a san serif style, a font which is easier for the older population to read. She suggested a return to the previous format of the Post. Friedman-Curry would also like to see an area in the Post encouraging people to give bequests to the Senior Center. Friedman-Curry stated that she liked the format of the Program Guide, which is produced three times a year and producing a monthly publication more in line with the Program Guide would be ~ compromise. Kopping explained that the reason behind the changes to the format of the Post was to update the design and image of the Senior Center. The old format had not been changes in over 20 years. The purpose of the Program Guide is the primary source of information and the smaller version of the Post is to provide people with updates. After the last Program Guide was mailed fifty new people joined the Center. People are clearly looking at the Program Guide. MODEL RAILROADING CLUB UPDATE- Kopping The group did not meet in April. DRAFT UPDATE ON COMMUNITY FOUNDATION OF JOHNSON COUNTY- Honohan Jay Honohan, Linda Kopping and Michael Stroffregen, Executive Director of the Johnson County Community Foundation, met with the Iowa City Council Monday April 19, 2004. Honohan suggested a change in the Articles of Incorporation, section 4.1, should be Community Foundation of Johnson County Endowment Fund, instead of Iowa City Community Foundation. Motion: To correct the Articles of Incorporation for the Iowa City Senior Center Fund Inc, section 4.1 to Community Foundation of Johnson County Endowment Fund, instead of Iowa City Community Foundation. Rowley/Hensch. Motion carried on a vote of 7-0. Honohan reported that some of the City Councilors had many questions about the Iowa City Senior Center Fund Inc. One concern centered on the schedule of meetings for the Iowa City Senior Center Fund Inc, section 3.2 of the By-laws. Motion: To amend the by-laws to state that the annual meeting of the members for the election of directors shall be held on the 3rd Tuesday in January of each year in conjunction with the regular meeting of the Iowa City/Johnson County Senior Center Commission. In addition, the following sentence will be added to line 3.3 of the by-laws: All special meetings shall be held in conjunction with a regular or special meeting of the Iowa City/Johnson County Senior Center Commission. Section 3.5 be changed to read: A copy of such a notice shall be sent by mail not less that 3 calendar days or more than '10 calendar days prior to the date of the meeting, unless a longer period is required by law, to each member of record entitled to notice of such a meeting, at the registered post office address of such member as it appears on the records of the corporation. The document should include he or she, him or her and chair where it currently has only he, him and chairman. Rowley/Kelly. Motion carried on a vote of 7-0. The City Attorney's office suggested changes to the wording of the resolution establishing the Iowa City Senior Center Fund Inc. Kopping will be discussing these potential changes the City Attorney's office Wednesday, April 21, 2004. BUDGET UPDATE AND DISCUSSION Class Reqistration Fee- Seal, Wachal Seal and Wachal reported that in some events, people are registering up for classes they are not attending. It is the consensus of the Curriculum Committee that people would be more likely to attend classes if they had to pay a small enrollment fee. Motion: Institute a $10 fee sign-up see for all classes for all classes that up to now have been offered for fee. Rowley/Benz Commission discussed the ramification of implementing a class fee. Motion withdrawn. Rowley/Hensch DRAFT Motion: Ask the staff to take under consideration implementing a $10 fee for classes which have not previously had a fee and how the revenue from these class be distributed. Rowley/Hensch. Motion carried on a vote of 7-0. BudRet Update- Kopping reported that she recently submitted budget amendments for FY04. The Operational Budget is currently under spent in several areas, however unanticipated ongoing repairs to equipment in the kitchen will continue to decrease these funds. The FY04 goal of reaching $54,000 is approximately $31,700 short. Low-income discounts, family discounts, are part of the reason for the shortfall in revenue. Participation counts have reflect an increased by 2803 visits over the past six months. Staff and Commission need to work together over the next few months to come up with new ways to generate revenue. Hensch suggested implementing a non-member fee for classes. Commissioners do not want to increase the current membership fee as a means to generate revenue. Some of the research shows that the younger seniors not attend programs at a place called "Senior Center". Commissioners discussed various methods of attracting new members. Kopping reported that there is another repair scheduled on the equipment in the kitchen. Most of the equipment is over twenty years old and is breaking down. If the Commission donated the equipment in the kitchen then they would be responsible for Motion: Donation the equipment to the kitchen to be in touch with Elderservices. Motion Failed 0-7. Rowley/Honohan Commission discussed the ramification of giving away to the The membership fee is not required for those who participate during the meal program. This program does not provide support. The Commission should meet with Elder Services to discuss Propose that we be in discussion with Elder Services about the maintenance and repair of the equipment in the kitchen. Kelly/Rowley Motion carried on a vote of 7-0. Senior Center Update- Operations Kopping The Volunteer Recognition is scheduled for June 25, 2004. A committee consisting of Hensch, Rowley, and Maiers will meet to discuss the details of this program. Seal- Gave an update of events planned for May. Rogusky- Reported on the Red Hat Style Show, and the activity of the Model Railroading club. The Railroading club is attracting new members to the Center. An Arts and Crafts fair is scheduled for June 4, 2004. DtL, kFT Reported on the new direction SSRO, Life Story Theater. Buhman- Meeting Reports: Honohan will be meeting with the council on May 4. Honohan will go to the Board of Supervisors in May to give a general report and thank them for contributing to the Operational Budget. Benz will do the Web Article for the next meeting. Motion to adjourn. Senior Center Commission Attendance Record Year 2004 Name Term 1/20 2/17 3/16 4/20 4/30 5/10 Expires Lori Benz 12/31/05 X X O/E X X Jo Hensch 12/31/06 X X X X X Jay Honohan 12/31/04 X X X X X Betty Kelly 12/31/04 X X X X X Sarah Maier 12/31/06 X X X X X Charity Rowley 12/31/05 X X X X X NancyWombacher 12/31/06 O/E O/E X X X Key: X = Present O = Absent O/E-- Absent/Excused NM = No meeting -- = Not a member M NU ES PRELIMINARY SCATTERED SITE HOUSING TASKFORCE APRIL 29, 2004 - 5:00 P.M. CITY MANAGER'S CONFERENCE ROOM, CITY HALL Members Presents: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Leff, Jan Peterson, Joan VandenBerg Members Absent: Sally Stutsman Staff Present: Steve Long, Steve Nasby, Steve Rackis Others Present: Bob Burns, Charlie Eastham, Garry Klein CALL TO ORDER Chairperson Hayek called the meeting to order at 5:03 PM. INITIAL REMARKS Hayek started the meeting by outlining the genesis of the Scattered Site Housing Taskforce. He referred to a letter from the Iowa City Community School District (ICCSD) concerning the location of assisted housing units which was sent to the City Council in November 2003. In response to this inquiry the City Council requested that this citizen, ad hoc taskforce be created. Hayek noted that the Council resolution, two memorandums and the letter from the ICCSD were in the packets provided to the taskforce members. Hayek outlined the purpose and scope of the Scattered Site Housing Taskforce. He said that numerous factors, perceptions and myths exist about assisted housing and he urged members to approach the process with and open mind. Hayek said that depending on the work of the Scattered Site Housing Taskforce there may or may not be policy recommendations for the City Council. Hayek asked Nasby about the definition of"assisted housing" the Scattered Site Housing Taskforce is using as their guide. Nasby said it came from information collected from the cities of Raleigh, NC and/or Charlotte. Hayek also noted that this is a public body and as such will be open to the public and press. He asked Nasby to elaborate. Nasby said that as this is a public body all of the Iowa open meeting laws would apply. This meant that agendas, minutes and materials would be available to the public and that all of the meetings are open to the public. He noted that there will be set opportunities for the public to participate through pubric hearings or presentations, but these things need to be on the agenda so everyone has the same opportunity to participate. Nasby said that if the members had questions or information to pass it through the chair. VandenBerg asked about how the members should handle calls from the media and if any policy existed. Nasby said there is not a policy and each member can determine for himself or herself if they wish to respond to questions from the media. He noted that each commission handles it differently and if the member(s) did not want to comment to the press they could decline or refer the questions to the chair. Hayek said that if members do talk with the press they should let the reporter know that any response is their opinion and not a formal position of the taskforce. INTRODUCTIONS Hayek asked everyone to introduce himself or herself and tell the group a little about their backgrounds. Clausen said that she works at the University and is a representative of the Northside Neighborhood. Jan Peterson said she is with the United Way of Johnson County. Anciaux said he is the chair of the Planning and Zoning Commission, is active in the Wetherby Friends & Neighbors Neighborhood Association, sports organizations and he works at NW Junior High (day) and City of Iowa City Parks & Rec (night). Rackis said he is the Iowa City Housing Authority director and he is relatively new to the job and he lives in Cedar Rapids. Anthony said 2 he is a professor at the University in Urban and Regional Planning and is on the board of the Housing Trust Fund of Johnson County. Anthony noted that he also advises several national organizations on housing policy. Left said that she is a life long resident of Iowa City, on the school board and a retired teacher. Nasby said that he is the Community and Economic Development Coordinator for the City and his office does the administration of the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). DISTRIBUTION OF BINDER MATERIALS Hayek asked Nasby to briefly review the items in the taskforce's binders. Nasby said that section one was the introductory material Hayek reviewed earlier. Nasby said the next section contained reference materials on the programs that the taskforce would be hearing about. He mentioned the CDBG and HOME programs. The next set of materials focused on the Iowa City Housing Authority so Nasby asked Rackis to highlight this information. Rackis said there was basic program descriptions from HUD regarding the Housing Choice Voucher program and essentially everyone knows this as "Section 8". Rackis said that the next few pages contained specific statistics and information about the program operated by the Iowa City Housing Authority. Rackis said the last piece of information was a description of the public housing program. Peterson asked how many public housing units were in Iowa City. Rackis said 93. Nasby said the next pages were maps of the assisted housing locations in Iowa City. He said Map 1 showed the physical units that received CDBG\HOME funds and/or project based HUD funds. Map 2 was completed by the Iowa City Housing Authority and showed a "snapshot" of the locations of the Housing Choice Voucher holders in Iowa City as of March 1, 2004. Nasby said that Map 3 was a combination of both maps to show the overall picture. The last item in the binder was a copy of the 2003 Iowa City Community Profile. Nasby said this was a reference item that contained statistical information on demographics, housing, employment and income. Hayek said that the last tabs in the binders were for research. He said that he expects this to be the bulk of the taskforce's work, but wanted to get the group started with a solid background on the programs before it started doing research. Hayek noted that the research will come from a variety of sources and encouraged the members to do their own and share it with the group. MEETING SCHEDULE Hayek asked if the group would be interested in a tour of assisted housing units now that they had seen the maps. He thought it would be important to see these units in context with the neighborhoods. There was consensus by the group that a tour would be helpful. Rackis said that some of the larger "bubbles" shown on the maps may not be concentrations but rather density so that was important to consider. Hayek asked what date would be available to do the tour and next meeting. He noted that in his polling of the members, either Monday or Wednesday worked the best for everyone. Hayek said that after the tour the group could set up presentations from the "players" in the housing market, which would be the third meeting. This would include assisted housing providers, human service agencies and market rate housing professionals. VandenBerg said that the presentations could get to be very long so she suggested a very focused approach and time limits. Several members agreed with this suggestion. Hayek said he could start contacting people or organizations and that if the taskforce members had suggestions to let him know and they could communicate via e-mail. Nasby said that the e-mail brought up a question about how the packets would be distributed for the meetings. He asked if anyone wanted it electronically versus hard copy. Nasby also noted that it would be on the web. Everyone wanted to continue to get hard copies. As long as they 3 were talking about electronic communications, Nasby said that e-mail discussions should be kept to a minimum since this is a public body and having a quorum of them having discussions or decisions via e-mail could violate the open meeting law. Hayek suggested that Mondays be the regular meeting date and that the group meets twice per month. After some discussion the group settled on the first and third Mondays of each month. Nasby said that since first Monday in May was only a few days away it would be hard to get a tour arranged. The group agreed and decided to meet on May 12 at 5:00 p.m. for the bus tour and then start the regular schedule on May 17. Anthony asked when the deadline was to have their work completed. Hayek said he would like to have it finished by the end of the year. Nasby said that ideally, he would like it done by November so any policy that may come out of this discussion could be included in the Consolidated Plan (a.k.a. CITY STEPS). Anthony and VandenBerg said that this would be a good goal for the group. Hayek reminded the group that anything they came up with would be a recommendation to the City Council and would have to go through their process as well. ADJOURN Anciaux moved to adjourn. VandenBerg seconded. Motion passed 7-0. Meeting adjourned 6:00 p.m. 4 Board or Commission: Iowa City Scattered Site Housing Taskforce ATrENDANCE RECORD 2004 May 12, 2004 NAME 4/29 5/12 Don Anciaux X Jerry Anthony X Darlene Clausen X Matthew Hayek X -]an Left X .]an Peterson x Sally Stutsman O/E Joan VandenBer9 X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Nora Member DRAFT MINUTES IP21 SPECIAL MEETING OF THE SENIOR CENTER COMMISSION April 30, 2004 ROOM G09/8 - SENIOR CENTER Call to Order: Meeting called to order at 2:00 PM. Members Present: Lori Benz, Jo Hensch, Jay Honohan, Betty Kelly, Sarah Maiers, Charity Rowley, and Nancy Wombacher. Members Absent: None Staff Present: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal. Others Present: June Braverman, Evelyn Casserly Recommendations to Council: None. Approval of Minutes: None available. PUBLIC DISCUSSION- The purpose of this meeting is to discuss the creation of the Iowa City Senior Center Fund Inc. and details surrounding the transfer of non-designated funds currently held in the Center's Gift Fund to the Johnson County Community Foundation. Honohan reported he and Kopping recently met with two Iowa City Councilors to discuss the Commission's recommendations for transferring $25,000 of Gift Fund money in to a designated Senior Center endowment fund in the Community Foundation of Johnson County. The Councilors recommended that the Commission consider transferring the entire amount of non- designated funds from the City managed Gift Fund into the Johnson Community Foundation. Councilors plan to discuss and act upon a formal resolution related to this transfer of funds at their Council work session and meeting scheduled for Monday May 3, 2004 and Tuesday May 4, 2004 respectively. Honohan explained that this meeting of the Commission was called so Commissioners could discuss this Council recommendation and make an informed Commission recommendation to the Council prior to their meetings next week. Honohan said that since meeting with the Council members he and Kopping had also met with the City Attorney, City Manager and Michael Stoffregen, Executive Director of the Community Foundation of Johnson County, to discuss this idea and its feasibility. Honohan explained that non-designated funds currently held in the Gift Fund could be divided between two accounts in the Community Foundation of Johnson County, an endowment fund and a charitable giving fund. While the endowment fund is a long-term investment that generates annual interest earnings, the charitable giving fund works like a money market checking account with ongoing access to the balance and earnings. Earnings on the charitable giving fund are higher when the balance is undisturbed for a period of a year or longer. DRAFT To allow for a higher rate of return on money in the charitable giving fund, the City has agreed to allow the Center to budget what are now annual Gift Fund expenses for programming in the operational budget. An annual transfer of money from the Center's charitable giving fund would fund these programming expenses. Funds in the Gift Fund that are currently designated for a specific group, such as SCTV, New Horizons Band, Voices of Experience etc. would not be transferred in the foundation. They would continue to be held by the City and used to support the activities of these groups. All funds held by the Community Foundation of Johnson County would be managed by the Community Foundation. It is hoped that people will make their donations directly to the Center's fund in the Community Foundation, but there is no guarantee that this will happen. Therefore, if this approach is implemented, it will be necessary for Iowa City Senior Center Fund Inc. to continue in to the future. This would provide a mechanism for transferring any future non-designated donations made directly to the Center's to one of the Center's funds in the Community Foundation. Commissioners asked questions and discussed the pros and cons of the Council members' recommendations. One benefit mentioned by Commission members is that money transferred in to both the charitable giving account and endowment are likely to earn a higher rate of return than they do now. It would also lessen confusion related to the types of donations that can be made to the Center and how they are used, tighten the process of program budgeting, facilitate promotion of the fund throughout Johnson County, and in all likelihood increase the rate of giving to the fund. If this plan is supported by the Commission and approved by the Iowa City Council, the Commission will need to decide how much money to transfer in to the into the charitable gifting account and how much into endowment fund. This would be done at a future meeting. Motion: Recommend to the Iowa City Council that Senior Center Commission transfer all the gift fund money minus the designated money, into the Senior Center Inc Fund. Rowley/Hensch. Motion carried on a vote of 7-0. Commissioners discussed changes to the Iowa City Senior Center Fund Inc. by-laws intended to clarify the purpose and operation of the organization. Motion: to approve the By-laws of the Iowa City Senior Center Fund Inc. as amended: The following paragraph was added to section 1.3: Ail policies adopted shall be consistent with the purpose of the corporation specifically to receive, collect, and disburse donations received exclusively for the Community Foundation of Johnson County established for the benefit of the Iowa City/Johnson County Senior Center and to invest said funds in the foundation to promote the health and welfare of persons over fifty (50) years and to assist in the operations of the Iowa City/Johnson County Senior Center. Section 5.9, the following sentence was added to the end of the section: The treasurer shall be an ex-officio member of the Board of Directors. Kelly/Maiers. Motion carried on a vote of 7-0. May Commission Meetinq - Kopping The May Commission meeting has been rescheduled the for 10AM Monday May 10, 2004 in room G08/9. Motion to adjourn. Kelly/Hensch Motion carried on a vote of 7-0. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION IP22 APRIL 15, 2004-6:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Members Presents: Jerry Anthony, Erin Barnes, Lori Bears, William Greazel, Matthew Hayek, Shellie Mackel Members Absent: John Deeth, Jayne Sandier, Mark Edwards Staff Present: Tracy Hightshoe Recommendation to Council MOTION: Anthony moved to recommend adoption of the FY05 Annual Action Plan by the City Council; Greazel seconded. All in favor; motion carries 6-0. CALL TO ORDER Chairperson Hayek called the meeting to order at 6:30 PM. CONSIDERATION OF THE MINUTES OF THE MARCH 11 & 18, 2004, MEETINGS In regards to the March 18TM minutes, Hayek said he has a couple corrections. The first correction is that Grant Wood School is two separate words, not one. The second correction is on page 8, third paragraph, where Hayek says "effective"; it should read "affected". MOTION: Barnes moved to accept the minutes as amended; Bears seconded the motion. All in favor; motion passed 6-0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA None. REVIEW FY05 ANNUAL ACTION PLAN Hightshoe explained to the Commission that the submission of an Annual Action Plan is a HUD requirement and in HUD format. She explained the various forms to the members, and gave them a quick run down of how it all fits together. City Council will hold a public hearing on the Action Plan at their May 4th meeting followed by a vote. The Plan must be submitted to HUD by May 15th. Bears asked if the Council normally approves the Plan. Hightshoe gave some history to the members. Members were asked to contact Chairperson Hayek if they decide to attend the May 4th meeting. Anthony asked some questions about HOPWA funding and if the numbers reported in the gap analysis were updated. Hightshoe responded that the Plan is updated every year. The numbers are probably the figures in last year's continuum of care application, as the current figures are not availabre yet. Thus the report usually contains the prior year's figures. Hightshoe will confirm and email Commission members and let them know. Information concerning HOPWA funds will be added to the narrative. MOTION: Anthony moved to recommend adoption of the FY05 Annual Action Plan by the City Council; Greazel seconded. All in favor; motion carries 6-0. NEW BUSINESS Burns & Burns L.C. - Garden Prairie - Chairperson Hayek stated that members have received a copy of a letter regarding this topic. It deals with the Burns & Burns appeal of the FY03 tax credits, which were denied, and the ensuing appeals have also been rejected. They have a FY04 appeal in the works right now. Hayek recommended to the Commission that they table this issue until May. MOTION: Greazel moved to table the issue until the May meeting; Anthony seconded. All in favor; motion carries 6-0. Discussion of National Community Development Week Celebration ~- Hightshoe explained the National Community Development celebration, stating the national celebration is in April, but since this is too close to their allocation cycle and would limit their planning, they celebrate during the summer with various events. At this celebration the staff highlights what CDBG and HOME Funds have done in the Housing and Community Development Commission Minutes April 15, 2004 Page 2 community. Hightshoe asked for volunteers to help plan this year's celebration. Hayek, Barnes, and Oreazel volunteered. Greazel had questions regarding the last meeting and the allocation process. Hlghtshoe stated that this is on the May agenda. She said that once they go through the allocation process, the commission sets up a committee to see if any changes are needed or desired. Greazel stated that it would be helpful to the newer members to have some history, and some further explanations. It was suggested that newer members read some of the past minutes. Bears brought up the topic of the Housing Authority's Annual Plan and stated she would be interested in hearing from them again. She also asked if the Visual Preference Group would have any recommendations on housing. OLD BUSINESS Discussion of FY04 CDBG Projects that have not performed per the Unsuccessful or Delayed Projects Policy - Discussion centered on the list of projects that have not met the policy to date. Hightshoe discussed the list and answered questions from members. Elder Services - Small Repair is the only project so far that has not spent 50% of its funding. Discussion continued about this project, with Hightshoe giving details of the status of this project. The members stated they would not recommend recapture but want status updates in the upcoming months. MONITORING REPORTS Chairperson Hayek stated that both Sandier and Deeth are not present, and therefore that leaves reports by Mackel and Barnes. Mackel stated that she will have her report in May. Barnes stated that her report is on the Shelter House, Emergency Assistance Program. She explained how the program works in helping Iow-income people get either security deposit or emergency assistance for utilities. Since July 2001, 218 households have been served in Iowa City and Coralville. Most referrals are by word of mouth, or through landlords. Members asked Barnes questions concerning this emergency program. ADJOURNMENT MOTION: Barnes made a motion to adjourn; Mackel seconded. All in favor; motion carries 6-0. The meeting adjourned at 8:20 PM. data on citynt/pcd/minutes/hcdc/2OO4/hcdc04-15 -04.doc Board or Commission: Housing & Community Development Committee ATTENDANCE RECORD YEAR 2004 April 15, 2004 TER NAME M 1 / 15/04 2/18/04 2/19/04 3/18/04 4/15/04 5/20/04 6/17/04 7/15/04 8/19/04 9/16/04 EXP. Jerry Anthony 9/1/05 X X X X X Erin Barnes 9/1/06 X O X X X Lori Bears 9/1/04 X O X X X John Deeth 9/1/04 X X X X O/E Mark Edwards 9/1/05 O X X X O William Greazel 9-1-06 X X X X X Matthew Hayek 9/1/04 X X X X X Michelle Mackel 9/1/06 X X X X X Jayne Sandier 9/1/05 O O X X O KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member