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Home My WebLink About2005-04-28 Info Packet CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY April 28, 2005 www.icgov.org IP1 City Council Meetings and Agendas IP2 Under 19 Ordinance: Alcohol Advisory Board, Marc Moen, Gary Sanders, Sergeant Troy Kelsay, Responses from various Iowa cities IP3 Memorandum from the Administrative Assistant to the City Manager: Deer Management Task Force Recommendation Summary - Documentation from the Task Force, Jan Ashman, Pat Farrant, Pete Sidwell, City Manager, various City ordinances. MISCELLANEOUS ITEMS IP4 Memorandum from the Mayor: Staff Evaluations IP5 Letter from the City Manager, City Attorney and City Clerk to Jeremy Schreiber: Congratulations on appointment as Student Liaison to the City Council IP6 Memorandum from the City Clerk: Online Application for Boards and Commissions IP7 Memorandum from Asst. Superintendent of Solid Waste to the City Manager: Longfellow School Paper Recycling IP8 E-mail from the Parks and Recreation Director: Boys' Baseball Building IP9 Police Department Use of Force Report - March 2005 IP10 News article [The Gazette]: Cities fighting for own utilities lose a key ally (Submitted by the Assistant City Manager) IPll E-mail from Douglas Elliott: Public Leadership Group Meeting May 5, 2005 [Additional e-mail for this item distributed at 5/2 Work Session] Memorandum from City Attorney: Proposed Ordinance Establishing Policy for Medical Marijuana and Paraphernalia Possession Prosecutions Memorandum from City Attorney: Initiative Petition re: medical marijuana and paraphernalia IP12 Minutes (FINAL) Deer Task Force: March 22, 2005 IP13 Minutes (FINAL) Deer Task Force: April 19, 2005 IP14 Minutes (FINAL) Scattered Site Housing Task Force: February 28, 2005 April 28, 2005 Information Packet (continued) 2 IP15 Minutes (FINAL) Scattered Site Housing Task Force: March 28, 2005 IP16 Minutes (FINAL) Scattered Site Housing Task Force: April 4, 2005 IP17 Minutes (FINAL) Economic Development Committee: March 17, 2005 I PRELIMINARY DRAFT/MINUTES IP18 Board of Adjustment: March 9, 2005 IP19 Telecommunications Commission: March 28, 2005 IP20 Scattered Site Housing Task Force: March 28, 2005 IP21 Economic Development Committee: March 31, 2005 IP22 Scattered Site Housing Task Force: April 4, 2005 IP23 Planning and Zoning Commission: April 7, 2005 IP24 Public Art Advisory Committee: April 7, 2005 IP25 Historic Preservation Commission: April 14, 2005 IP26 DeerTask Force: April 19, 2005 IP27 Airport Commission: April 14, 2005 CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY April 28, 2005 www.icgov.org / IP1 City Meetings and Agendas / IP2 Under 19 ice: Alcohol Advisory Board, Marc Moan, ?¢'ary Sanders, Sergeant Troy Kelsay, :s from various Iowa cities // IP3 Memorandum Administrative Assistant to theCit/Manager: Deer Management Task Force .ndation Summary - Documente/tion from the Task Force, Jan Ashman, Pat Farrant, Sidwell, City Manager, vari~Js City ordinances. / ISCELLANEOUS IT/EMS I / IP4 Memorandum from the Mayor: IP5 Letter from the City Mana( ;ity AttorneA~i~and City Clerk to Jeremy Schreiber: Congratulations on Student,~iaison to the City Council IP6 Memorandum from the City Clerk: )lication for Boards and Commissions IP7 Memorandum from Asst. Superintendent Solid Waste to the City Manager: Longfellow School Paper Recycling IP8 E-mail from the Parks and Recreation Boys' Baseball Building IP9 Police Department Use of Force p, eport- ~2005 / / IP10 News article [The Gazette]: Cites fighting for utilities lose a key ally (Submitted by the Assistant City Manager) IPll E-mail from Douglas Elliott:/~Public Leadership Groul leeting May 5, 2005 IP12 Minutes (FINAL) Deer T~sk Force: March 22, 2005 / IP13 Minutes (FINAL) Dee/~Task Force: April 19, 2005 / IP14 Minutes (FINAL)S~'attered Site Housing Task Force: February 28, 2005 / IP15 Minutes (FINAL)~cattered Site Housing Task Force: March 28,, 2005 IP16 Minutes (FIN~K) Scattered Site Housing Task Force:/ April 4, 20~.k IP17 Minutes (FINAL) Economic Development Committee: March 17, 2~)05 April 28, 2005 Information Packet (continued) 2 PRELIMINARY DRAFT/MINUTES IP18 Board March 9, 2005 / ? IP19 Telecommunic :ions Commission: March 28~.'2005 IP20 Scattered Site Task Force: Marc,b"28, 2005 / IP21 Economic Devel(~ nt Committee: M/a~ch 31, 2005 / IP22 Scattered Site Housin Force:/~pril 4, 2005 / IP23 Planning and Zoning April 7, 2005 IP24 Public Art Advisory April 7, 2005 IP25 Historic Preservation Comm ~n: April 14, 2005 IP26 Deer Task Force: April 19 IP27 Airport Commission: 14, 2005 City Council Meeting____ _,__Schedule and Work Session Agen(]as ^pr~ 28,2005 CITY OF IOWA CITY www.icgov.org · MONDAY, MAY 2 Emma J. Harvat Hall 5:00p Council Work Session · Alcohol Issue 6:00-6:30p Break [dinner provided] 6:30p Planning and Zoning Items PIN Grants CDBG Council Appointments Deer Task Force Agenda Items · Council Time · Schedule of Future Pending Items · TUESDAY, MAY 3 Emma J. Ha/vat Hall 7:00p Regular Formal Council Meeting I TENTATIVE FUTURE MEETINGS AND AGENDAS I · FRIDAY, MAY 6 Emma J. Ha/vat Hall 8:30a Special Formal Evaluations · MONDAY, MAY 16 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, MAY 17 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting · MONDAY, JUNE 6 Emma J. Ha/vat Hall 6:30p Council Work Session · TUESDAY, JUNE 7 Emma J. Ha/vat Hall 7:00p Regular Formal Council Meeting · MONDAY, JUNE 20 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, JUNE 21 Emma J. Ha/vat Hall 7:00p Regular Formal Council Meeting · MONDAY, JULY 4 Emma J. Ha/vat Hall Independence Day - City Offices Closed · TUESDAY, JULY 5 Emma J. Harvat Hall TBD Special Council Work Session IIC~B iowa ciff Alcohol Advisor~ Board ~ "Promoting a safer, more responsible communi(W' 4/25/2005 Dear City Council Member, Last August if someone had asked nearly any member of the ICAAB what they would be doing for the next six months, never in our wildest dreams would we have thought we would be working with such a diverse group of people, for countless hours a week, on issues that have shadowed the image of Iowa City for so long. The Iowa City Alcohol Advisory Board came to be in response to the ideals of some that felt we should enact yet another ordinance in Iowa City; further restricting entry of adults under the age of twenty-one into establishments that serve alcohol. As a result, we have built the ICAAB to provide responsible leadership for establishments and to address many of the issues that have tarnished the positive, energetic reputation and image that Iowa City has built for it self, an image we are proud of. As many of us readily admit, the issues that the City Council, ICPD and the community are addressing are not cut and dry, there is no magic wand to be had or used and these issues cannot simply be swept under the rug. These are the issues that we have concentrated on and have chosen to regulate whether directly or through alternative methods. As we have seen the ICAAB progress and grow, it has become apparent to us that there is camaraderie, amongst not just the bars, but a large number of the businesses in Iowa City, that had not existed before. Together we have addressed several issues that have contributed to the inflammation of excessive and underage drinking in our community. The growth that this Board has experienced will only increase, giving the ICAAB even more credibility to deal with the issues that are pertinent to finding solutions to the problems our community faces, and will face in the future. The ICAAB also readily admits that we still have a lot more work to do. With the support of the City Council, the ICPD, and the community we can continue the growth of the ICAAB and given the opportunity, we feel that we can continue to improve and address these issues without transplanting the problems that have affected the image of our town. The ICAAB members, the establishments, the businesses and the community deserve a chance to continue upon the success and support that so many have provided to our town. Thank You, Leah Cohen Brian Flynn ICAAB Co-Chair, Secretary ICAAB Co-chair Owner, Joe's Place Owner, Bo-James bflynn8~yahoo.com timo5555~aol.com (319) 530-5394 (319) 337-4703 ICAAB Outline Iowa City Alcohol Advisory Board I. MISSION STATEMENT: To provide proactive, effective, community-based leadership for the prevention of excessive and underage drinking in downtown Iowa City establishments and the community. This mission will be accomplished through a voluntary advisory group that creates and oversees informal guidelines for business owners and operators to help combat excessive and underage drinking, as well as through the education and promotion of sensible community policies for businesses that serve_ alcohol,_ contributing to a responsible social environment and positive image for. the : community of Iowa City. II. ORGANIZATIONAL STRUCTURE OF THE BOARD A. Composition of the Board The Iowa City Alcohol Advisory Board consists of eleven members, devised of owners/operators of licensed establishments in the CB-5 and CB-10 districts of Iowa City, representatives of the University of Iowa and the Iowa City community. The Board includes representatives from establishments with "21 only" policies, as well as representatives from establishments permitting under-21 patrons. B. Election of Board Members The 2004-2005 Iowa City Alcohol Advisory Board will be selected by the founding members, Leah Cohen and Brian Flynn, in conjunction with input from City Council and owners/operators from establishments in the CB-5 and CB-10 districts of Iowa City. An initial executive board will be selected by the current Board Members at the first official meeting of the Iowa City Alcohol Advisory Board set for November 3, 2004. 1. Board Members will serve for a two-year term, beginning June 1 of the current year. 2. Seats will be numbered 1 - 11, with seats 1 - 4, being designated as the Executive Board. a. Seat 1 - Chairperson b. Seat 2 - Chair-elect c. Seat 3 - Secretary d. Seat 4 - Treasurer e. Seats 5 -11 - Voting Members of the Board 3. On August 1, in odd numbered years (2005, 2007, etc.) current Board Members, occupying odd numbered seats will be asked to declare their intent to stay on the Board. 4. On August 1, in even numbered years (2006, 2008, etc.) current Board Members, occupying even numbered seats will be asked to declare their intent to stay on the Board. 5. In the event a current Board Member declines to serve another term, the remaining Board Members will fill any vacancies by June 1 of the current year. Any vacancies shall be filled through a self-nomination process or by invitation of the current Board. Selection of new B6ard Members will be at the sole discretion of the existing Board~ who may accept or reject any qualifying application for any:~ reason. C. l)isqualification of Board Member :' 1. To prevent conflicts of interest and the appearance of impropriety, no owner/operator of an establishment shall be permitted to serve on the Board if: a. the establishment has had a liquor license suspended or revoked within the past six months prior to the beginning of the two year tenn. b. the establishment currently has a suspension pending on its liquor license. 2. In the event an existing Board Member is disqualified for service on the Board for either of the reasons, the Board Member will step down and a replacement will be selected again based solely on the discretion of the existing Board Members. 3. If a complaint or concern is raised during a Board meeting, public or private, regarding an establishment owned or operated by a Board Member, said Board Member shall recuse him or herself from any and all discussions and/or actions pertaining to such a complaint or concern. D. Disclaimers 1. The Iowa City Alcohol Advisory Board is an all-volunteer group. 2. The Iowa City Alcohol Advisory Board and its members have no government or statutory authority to take or authorize any action and is not liable or responsible for any regulatory, administrative, civil, or criminal actions brought against any establishment. 3. The Iowa City Alcohol Advisory Board is not liable for any damages of any kind sustained by any person, establishment, or corporation in conjunction with any alcohol-related activities of any kind. 4. The Iowa City Alcohol Advisory Board is opposed to discrimination of all kinds and is therefore resolved to treat all persons and establishments equally and without regard to age, gender, disability, ethnicity, religion, or orientation. Confidentiality 1. All Board members agree to conduct themselves in a professional manner with respect to all Board duties and obligations. 2. All Board Members shall verify by signature their duties of confidentiality regarding information received by the Board and the confidentiality of items discussed during private, executive sessions of the Board. 3. No Board Member shall disclose any private or confidential information they receive to any other person who is not a member of the Iowa City Alcohol Advisory Board. 4. Any communication initiated by the Iowa City Alcohol Advisory Board is infom~al and non-binding, including any communications, written or oral, made to City officials or law enforcement officials. 5. Communications by the Iowa City Alcohol Advisory Board in no way constitute legal or official notice of any kind for any purpose. 6. Information furnished by the Iowa City Alcohol Advisory Board is provided as a public service only, intended to offer general guidelines regarding matters of public interest within the scope of the Board's mandate. Dismissal of Board Members The Board may, at its discretion, request the dismissal of a current Board Member. The Board must vote by a two-thirds majority or more to remove the current Board Member. 1. Reasons for dismissal of a Board Member including, but not limited to: a. failure to attend regular meetings; b. failure to execute duties; and/or c. any actions or violations incurred that may compromise the integrity of the Iowa City Alcohol Advisory Board. 2. A Board Member that has been dismissed may not serve on the board for a period of one year, but may, at the discretion of the Board, reapply for Board Member status after the one year "suspension" has lapsed. G. Advisory Council The Board may appoint an Advisory Council made up of non-voting members. These positions will serve as a medium between Board Members and any interested parties that may provide information or resources to be used at the discretion of the Board. H. Amendments to Iowa City Alcohol Advisory Board Policies and Procedures. 1. These policies and procedures may be amended at any time by a vote of the majority of the Board Members. 2. Any proposed amendment shall be written form, and a revised copy of the Board's policies and procedures shall be created within ten (10) business days of any approved change. 3. A new version of the Board's policies and procedures shall be furnished to all Board Members within thirty (30) days of the change. III. BOARD OBJECTIVES A. Develop a comprehensive community approach to decrease excessive and underage drinking in downtown Iowa City establishments. 1. Enact and oversee self-policing in establishments. 2. Cooperate and support the Iowa City Police Department c,~ "compliance checks", as well as checks done by the Iowa City Alcohol Advisory Board. ," - 3. Liaison with University student and community groups ii~i ~- 4. Increase owner/operator awareness of responsible business ' '~ practices and education of staff members. :~ 5. Evaluate effectiveness of various strategies. : i~ B. Implement reasonable community guidelines and a community action plan regarding the advertising of alcohol specials in relation to excessive and underage drinking. 1. Promote uniform use of"l 9 to socialize, 21 to drink" in all ads for establishments allowing those under 21 to enter. 2. Refrain from advertising age-18 access for alcohol related activities and promotions, in respect to exemptions given for the 19 ordinance. 3. Limitations on the type, number, and location of ads and/or promotions that contribute to the problem of excessive and underage drinking. C. Reduce promotional strategies that induce excess and underage drinking. D. Provide access to accurate, updated information and education opportunities to establishments to assist staff members in obtaining skills to identify and prevent underage and excessive drinking. E. Provide regular reports and press releases to maintain a positive self image for Iowa City through progress and advancements made by the Advisory Board, its Members and establishments throughout the Iowa City area, including, but not limited to: 1. Correspondence from the Board regarding ideas and recommendations for a proactive and positive community as issues arise. 2. Recommendations for possible fund raising for promotions, both in downtown area establishments and for non-alcoholic events in the community. Circulate voluntary pledges to observe sensible guidelines and practices regarding advertising/promotions, employee training and self-policing of establishments. As well as, maintain an updated list of ali establishments actively participating. Establishments will agree to: 1. Provide "monitors" to help reduce excessive and underage drinking in "under 21" establishments. 2. Follow sensible guidelines regarding advertising/promotions. 3. Utilize education and training opportunities provided by the various agencies and groups throughout the community. 4. Continue the practices set forth by the 19 ordinance and all other state and city ordinances pertaining to the sale and consumption of alcohol at their establishment. a. Wrist-banding b. Stamping c. Displaying of signs d. Times of operations IV. ADVANCEMENT OF BOARD OBJECTIVES A. Self-Enforcement The Board will meet on a monthly basis, or as needed, to discuss issues with respect to establishments engaging in practices that appear to contribute to excessive and/or underage drinking. The Board shall send a letter to any establishment of concem, setting forth the nature of the Board's concerns and the Board's recommendations, policies and guidelines designed to address the perceived issue. The Board will invite a response and reasonable discussion with the establishment to attempt to infmmally resolve the perceived issue. B. Community enforcement through City Council and Law Enforcement If a letter from the Board to the establishment is ignored and/or ineffective at attempting to resolve the perceived issue, the Board shall send a letter to the Iowa City City Council and/or the Iowa City Police Department setting forth the Board's concerns. The City Council and Police Department shall treat the letter as it would any citizen complaint and shall determine what action, if any, would be appropriate. Meeting Procedures 1. Public meetings of the Iowa City Alcohol Advisory Board shall be held on a regular basis and reasonable notice of the date, time, and place oftbe meetings shall be published. A sign-in sheet shall be maintained at all public meetings, and the Board Member holding the seat of Secretary shall keep minutes of the public meeting. 2. At its discretion, the Board may conduct private, executive sessions not open to the public. a. The private, executive sessions shall be reserved for discussion and decision-making by the Board with respect to any decision regarding whether or not the Board should take action on a particular matter. b. The Board Secretary shall record only information regarding actions taken in the private, executive sessions and shall not, for the purpose of recording minutes, identify any information regarding the identities of establishments discussed and/or against which actions will be taken. D. Public Access and Reporting The Board, as requested, will provide adequate reports to the Iowa City City Council in the form of minutes and correspondence based information. In addition, regular press releases documenting the issues and progress concerning excessive and underage drinking in downtown Iowa City and the community will also be provided. The Board will maintain adequate records of any and all letters sent to establishments regarding issues concerning excessive and underage drinking. However, neither the Board, nor its Members, will release any names or information prior to a letter being received by the Iowa City City Council and/or the Iowa City Police Department. 1. The Board will present a formal presentation in May 2005 and yearly thereafter to the Iowa City City Council to report on issues and progress in achieving the objectives of the Iowa City Alcohol Advisory Board and those of the community. 2. The City Council may, as needed, request a report from the Advisory Board on any issues that may arise. The Board will, given ample opportunity, report to the best of its knowledge. ICAAB Guidelines and Recommendations Iowa City, Alcohol Advisory Board I. Proposed Guidelines A. Advertising 1. Recommend the uniform usage of"19 to socialize, 21 to drink" in all newspaper and distributed advertisements. 2. Recommend not using "18 to socialize, 21 to drink" in any or all advertisements pertaining to alcohol specials or promotions. a. Recommend establishments with exemptions from the 19 ordinance advertise responsibly, and for only the reasons they were given the exemption (i.e. food service, live music, comedy, etc.), not in conjunction with specials and/or promotions wherein alcohol is served. b. Recommend establishments with exemptions from the 19 ordinance, when advertising alcohol specials use "21 to drink". 3. Recommend not distributing or placing advertisements promoting specials or prices that lead to excessive drinking. This ~ would include, but are not limited to: '~5 :' * a. Large quantity specials (i.e. "21 pitchers for $25"); '' : ~ b. Under Cost Pricing (i.e. "25 cent drinks", "$1 pitchers"); t_.~ ~'- c. Any promotion or specials that dislribute more than two ', ':' containers of alcohol for a certain dollar amount (i.e. "Punch i' cards"). ·-:: ,_) .: 4. Recommend not placing signs in windows or store fronts ' ~' promoting specials or prices that lead to excessive drinking. This · would include, but are not limited to: a. Large quantity specials (i.e. "21 pitchers for $25"); b. Under Cost Pricing (i.e. "25 cent drinks"); c. Any promotion or specials that distribute more than two containers of alcohol for a certain dollar amount (i.e. "Punch cards"). B. Monitors 1. The Monitor position will be formed to help in the control of excessive and underage drinking in licensed establishments. 2. The establishment will designate an employee as the Monitor, as needed, based on the recommendations put forth by the Board concerning requirements for monitors. 3. It is recommended that Monitors wear the shirts provided for the licensed establishments by the Iowa City Alcohol Advisory Board, so that they are easily identifiable by staff, patrons, and city officials. 4. Recommendations for usage of Monitors. a. The Board recommends that all establishments over 125 total capacity and/or allowing underage patrons use a Monitor: 1. if the ratio of patrons to staff members is higher than 40:1 (40 patrons: 1 staff member), and/or 2. if the number of patrons in the establishment is at or within 10% of its "full" capacity, and/or 3. if it is assumed the establishment will be at or near full capacity during the course of any given night. b. The Board also acknowledges that not all establishments will be able to predict the "turnout" of certain nights and recommends that establishments and their staff use their best judgment in determining which nights a monitor is required. 5. Recommendations for the responsibilities of the Monitor. a. The Monitor is directly responsible for preventing underage drinking and excessive consumption. b. The Board recommends that the Monitor be a mobile staff member. c~ 1. Walks throughout the establishment. -~;' :; ~ 2. Detects problems with patrons, staff, etc. ..... , c. The Monitor should be accessible to all staff and patrons of the establishment, should any issues arise that they need assistance. d. The Monitor shall keep staff informed of any problems in ~:: the establishment, including, but not limited to: '-~- 1. Patrons that should not be served anymore. 2. Capacity and overcrowding. 3. Underage patrons that may be trying to acquire alcohol. 4. Patrons needing assistance, cab ride, etc. 5. Any safety issues that may arise, (broken glass, wet floor, etc.). e. The Monitor should be in direct contact with the Police, should they need any assistance while in the establishment for any reason. II. Educational Opportunities A. Explore Budweiser's "Responsibility Matters" education program B. The Board recommends continued use of the T.I.P.S. training program. 1. The Board is working on certifying some owners and operators of licensed establishments as T.I.P.S. trainers to make the program more "user friendly" for establishments with higher remover. 2. Several establishments have employees that are certified as T.I.P.S. trainers and the Board intends to enlist their services. C. The Board is currently seeking a member of the health community to serve and would like to inquire about other educational programs offered by other organizations around the community. D. The Board is interested in working with R.V.A.P. (Rape Victim Advocacy Program) to try and continue the women's safety campaign that was started last year due to the concern for "date rape drags" and general community safety for students and patrons. III. Reporting A. The Board will send notification of these proposed recommendations to all licensed establishments in the CB-10 and CB-5 districts. B. The Board will also encourage all owners/operators, as well as any concerned parties to attend the first "formal" meeting of the Iowa City Alcohol Advisory Board November 3rd, 2004. 1. The Board will encourage open discussion on all recommended guidelines, especially those pertaining to Advertising and Monitors. 2. It is the Boards' intention to get all concerned parties involved in the "final" formation of these guidelines and recommendations. C. The Board will send minutes and any correspondence to the City Council, as time allows, after the conclusion of the first "formal" meeting. Iowa City Alcohol Advisory Board Member Name Phone ft E-mail Leah Cohen (Co-chair) Owner- Bo James (319)354-0005 timo5555~,aol.com Brian Flynn (Co-chair, Secretary) Owner- Joe's Place (319)530-5394 bflynn8~,yahoo.com Mike Porter {Treasurer) Owner - The Summit & One Eyed Jakes (319)331-2593 thesummiteatery~,hotmail.com Marc Moen Property Owner (319)430-3010 marc~moen.qroup.com Chuck Goldberg Operator- Sheraton Hotel (319)631-5324 chuck..qoldber.q~,ihrco.com Wade Shriver Liberty Bank (319)388-6202 wshriver~,liberWbankfsb.com Jim Bell Owner - The Deadwood (319)338-3944 Rafe Mateer Operator- 3rd Base (319)321-3190 efar9~hotmail.com Rebecca Neades Chamber of Commerce (319)337-9637 rneades~iowacityarea.com Jason Shore UISG Vice-President (319)335-3859 jason-shore~,uiowa.edu Open Seat ICAAB Accom lishments ICAAB Accomplishments ~i t~ General Accomplishments of the ICAAB ~. ~ · Formation of the ICAAB. ,, '.~.-~ · Established an open line of communication with the establishments in the CB-5 and CB- 10 Districts. · Established an open line of communication with the City Council and ICPD. · Established an open line of communication with the Iowa ABD, (Lynn Walding). Proactive accomplishments of the ICAAB · Proposed and self-enforced recommendations and guidelines in establishments. · Set up and maintained a "Monitor System" in establishments. · Influenced responsible advertising of specials both in the media and in the establishments. · Raised security awareness in establishments by use of wristbands and stamps. · R.V.A.P. Fundmiser and Partnership. · Sponsored the ICARE event at the Gallery for World AIDS Day. · Sponsored nationally renowned speaker Bob Anastas with UISG. · Secured funds from the Iowa ABD for Free T.I.P.S. Training for Iowa City establishments to be done this summer/early fall. · Distributed information amongst all the establishments including 1. Establishment Packets - Outlining the ICAAB and the recommended guidelines. 2.2005 Driver's License Booklets 3.Lists of Iowa City Cab Companies and Phone Numbers to be displayed. 4.Proposed "Clean-up" dates for areas in Iowa City. · Developed the "Extended Retail Program" to assist in reviving downtown retail. · Have held several "All Establishment" meetings to discuss issues and gather information from establishments. Future goals of the ICAAB · Continue Educational Events (Speakers, R.V.A.P., etc.) · Remain an asset to the City Council and Community of Iowa City. · Maintain and improve upon existing recommendations and guidelines. · Continue to improve businesses and the community of Iowa City. · Maintain the lines of communication that have been achieved with the City Council, the Iowa ABD, the ICPD and especially the establishments. · Continue to research and find diverse, proactive ways to address issues involving excessive and underage drinking. ICAAB Su estions/Ideas I CAAB ~owa City Alcohol Advisory Board "Promoting a safer, more responsible community' 4/25/2005 This is a list of ideas and suggestions that the ICAAB has researched and discussed that we feel, some of them, would have direct effects on excessive and underage drinking. Some were successful discussions, others were not, but finding a balance is difficult due to the fact that we have no legal authority, we can only make recommendations. We have explored a number of ways to address the issues that the ICAAB, the City Council, ICPD, and the community are dealing with in regards to excessive and underage drinking. A. Guidelines and Recommendations 1. Responsible Advertising in Media and Establishments One of our original guidelines. · Has been very successful in providing responsible leadership in eliminating some irresponsible specials and excessive drinking. · We cannot "price-fix". 2. Monitor System · Another original guideline. · Most establishments have been receptive to the idea and have complied with the guidelines of the ICAAB. ,~ Raised the level of security awareness in establishments. · 3. Security Awareness ~ ·Recommended usage of wristbands and stamps for those establishments that allow minors to enter. · Recommended uniforms for staff members, especially security staff, to make them easily identifiable to patrons and ICPD. B. Educational Programs · Sponsored nationally renowned speaker Bob Anastas with the help of the UISG. Turnout was better than expected, approximately 500+ students and community members. · Have discussed proposing a program to the University of Iowa for incoming freshman similar to the "Social Norming Program" implemented by the University of Kansas. ·Secured money from the Iowa Alcohol Beverages Division for free T.I.P.S. training to be offered this August and September. · Continue research on Non-Alcohol Events in Iowa City. ·Continue our support of R.V.A.P. and safety awareness for students and patrons. · Continue working closely with the UISG. 1CAAB Iowa city Alcohol Advisory Board "Promoting a safer, more responsible community" C. Ordinances 1. Server Licensing Ordinance · Developed and held a discussion with establishment owners about a licensing ordinance for servers to attempt to put some accountability on servers instead of only license holders. · Found that we needed more discussion, and would research further at_a later date.. 2. Zoning Ordinance ~ · Researched the possibilities for restricting the amount of liquor :, licenses in districts. ' - · Found that the city may use zoning as a tool to further restrict more _.- bars from entering certain areas, thereby reducing the numbe~:0f taverns and increasing the number of restaurant and retail spae~& cc, 3. Upper and Lower Level Restrictions ·Already a current ordinance restricting a tavern from upper level operation. · Does not apply to places deemed restaurants by the City Code. 4. Sizing/Capacity Restrictions · During our meeting with Lynn Walding (Iowa ABD), he expressed concerns with larger establishments. Mr. Walding said that the larger establishments were harder to control and that these were the some of the biggest problems, along with drink specials that encourage excessive drinking, that the larger establishments faced. ·Restricting size and capacity may help keep some of the larger places in compliance with the "spirit of the laws". · High capacity causes need to "fill" the bar, hence drink specials. 5. Entry Age Ordinance · Restricting the age of patrons entering establishments (i.e. the 19+ ordinance or a 21+ ordinance) had been discussed at much length. ·Found that the social and economic impact on Iowa City would be negative for what the ICAAB has committed to doing. · The issues would be transplanted to other areas and drink specials would become more prevalent and encourage even more excessive drinking as establishments "fought" for patrons (i.e. Ames; $5 cover, penny drinks). D. Enforcement 1. Enforcing current laws and ordinances already in place. · Noise Ordinance · Bootlegging · Upper/Lower Level Restrictions · Better communication between the ICPD and the ICAAB to halt some problems before they escalate. ICA~B iowa cit~ Alcohol Advisor~ Board "Promoting a safer, more responsible communion" 2. Continue with "Compliance Checks". · Not a very popular topic of discussion with some bar/restaurant owners. ·Very effective in keeping establishments aware and "honest" in who and how they are serving alcohol. · Would suggest sending a letter of compliance to establishments that "pass" a sting noting the date, time, and instance instead of alerting the establishment, unless of course they fail to comply. 3. Acknowledging the ICAAB as a resource of the City Council in enforcement of current laws and ordinances, as well as, through our guidelines and recommendations. · Self-Enforcing will be the most direct method of maintaining responsible and proactive ways to provide leadership for establishments in Iowa City. · The cooperation of the City Council and the ICPD will give credibility to the ICAAB, meaning better self-enforcement of current laws and ordinances in establishments. As we have researched and discussed many of these ideas, and plan on doing much more in the near future, the ICAAB will continue to apply our mission to finding better ways to address the issues concerning our colnmunity. Through the success of the ICAAB and with the cooperation of the City Council and ICPD we can make a positive difference in keeping Iowa City a thriving destination for not only the entertainment venue we have created but for retailers, business professionals, and families that will enjoy all of the great things our town has to offer. Regards, Brian Flynn , ICAAB Co-chair, Secretary . bflynn8~yahoo.com ' (319) 530-5394 .:~ Iowa City Alcohol Advisory Board November 3rd, 2004 Agenda I. Roll Call II. Election of Executive Board ~'~: f-, ':2 III. Brief Overview '~'~ -- A. Issues discussed thus far in informal meetings. -,~ 2! B. General direction of the meeting. :~, ,~: C. Priorities of the Board :~' IV. General Business A. Discuss Committee Options 1. Proposed Committees a. Compliance Committee b. Ordinance Committee c. Education Committee d. Public Relations Committee 2. Discuss responsibilities of each committee 3. Select "Heads" of Committees B. Discuss Letter from City Council C. Discuss Recommended Guidelines 1. Proposed changes to guidelines 2. Finalize guidelines 3. Authorize guidelines to be included in "packet" to be sent to all licensed establishments in the CB-10 and CB-5 districts. D. Proposal for first Press Release V. Correspondence and Public Discussion VI. Proposals for next fomial meeting (December 1st, 2004; Wednesday) and set date & time for an informal meeting. VII. Adjoum Iowa City Alcohol Advisory Board Minutes November 3, 2004 1. Roll Call Present: Leah Cohen Brian Flynn Mike Porter Chuck Goldberg Wade Shriver Rebecca Neades Rare Mateer ~: Jim Bell : ,- ..... Marc Moen Jason Shore ...... Absent: Advisory/Guests: : :~ - Nicole Gehl - Iowa Alcohol Beverage Division Rebecca Schultz - Chamber of Commerce H. lnitial Meeting Business A. Executive Board 1. The Executive Board was nominated and elected, after some discussion it was decided the position of "co-chair" and "secretary" would be combined into one position. A unanimous vote was cast to elect: 2. Chair- Leah Cohen 3. Co-chair/Secretary - Brian Flynn 4. Treasurer- Mike Porter B. An overview was given by Leah Cohen to bring everyone "up to speed" on the last few weeks. IH. Public Participation (None) IV. Old Business (None) V. New Business A. ICAAB Committees 1. Committee heads were discussed and selected. a. Compliance Committee - Rafe Mateer b, Ordinance Committee - Wade Shriver c. Education Committee - Jason Shore d. Public Relations Committee - Rebecca Neades 2. Committee Business a. Compliance Committee 1. Shirts for monitors were proposed and agreed upon to be red, polo style shirts, with "Monitor" and "WE I.D." to be placed on the shirt for identification of Monitors. 2. Anheiser-Busch has pledged the financial support for these shirts and Rafe will be handling this for the Board. 3. Chuck Goldberg discussed getting information on a private company to do compliance checks. b. Ordinance Committee 1. It was discussed and decided that Wade and Chuck will begin looking into setting up a proposal for certifying servers. 2. Nicole Gehl (IABD) discussed some of the new legislature that is being proposed at the state level with I.D. scanners and fines for alcohol violations. c. Education Committee 1. It was discussed (with Nicole Gehl) the possibility of setting up another T.I.P.S. training seminar. 2. Nicole informed the Board that IABD spent approximately $10,000 training approximately 650 servers in Iowa City at the last seminar, which was the highest turnout for any such seminar in the state. 3. Nicole informed us that it may be possible for the IABD to provide a T.I.P.S. training seminar again at a reduced price. 4. Chuck Goldberg offered to allow the seminars to be held at the Sheraton Hotel again barring any conflicts with scheduled events. 5. It was also discussed that the City Council be asked to use the Council Chambers if necessary. 6. Jason Shore discussed setting up a meeting with the AB (Anheiser-Busch) people to talk about their "Responsibility Matters" program as well as to discuss the speaker AB is flying in to present the program to the University of Iowa students in December. d. Public Relations Committee 1. It was decided that we would send out our first "official" press release in the next few weeks. 2. It was discussed that we needed to promote more positively the efforts of the ICAAB. · Leah Cohen felt that we have been getting a lot of "negative" press. · Jim felt that we needed to promote the efforts and work thus far of the ICAAB. · Rebecca Schultz agreed to draft a press release for the Executive Board. 3. Some "fund-raising" ideas were discussed regarding getting the bars more involved in community awareness. Proposed Guidelines 1. It was discussed that the advertising guidelines were fair and that there has already been a movement by the bars to follow them. 2. Some of the guidelines have yet to be given to the establishments, and the Board agreed to distribute the packets to the all licensed establishments as soon as possible. 3. Some more discussion was done on the Monitor guidelines. · It was agreed that the Monitor guidelines were fair and that they should be distributed with the packets to inform the establishments of the intentions of the Board regarding monitors. · It was also discussed that the Board needed to distribute this information to the establishments to survey the amount of compliance we will have using Monitors. C. Discussion on filling Open Seat 1. Different options to fill the Open seat on the Board were discussed. 2. Representatives from the following organizations were discussed. · Public health · MECCA Rape Victim Advocacy Program (R.V.A.P.) · University of Iowa Hospitals 3. Marc Moen discussed a few doctors from the University Hospital that may be interested in joining the Board and said he would make some inquires. VI. Adjournment · Meeting adjourned at 3:45 p.m. · Next meeting set for December 1~t, 2004; 2 p.m. at the Chamber Iowa Ci,ty Alcohol Advisory Board Minutes Informal Meeting (Bo James) November l0th, 2004 I. Present · Leah Cohen · Brian Flynn · Mike Porter · Jim Bell · Rebecca Neades · Rafe Mateer · Scott Kaeding (Yacht Club) · Brett Sawyer (Sports Column) · (The Union) II. General Discussion A. Security for Iowa vs. Wisconsin football game 1. The present board members and other advisory guests acknowledged the potential need for extra security ~: .--~-_ during this weekend and agreed to recommend extra '~- · r :: security staff be in place for the weekend. · '. 2. It was decided that a letter would be drafted stating the recommendation of the ICAAB to all establishments to staff accordingly. 3. Mike Porter had a draft of a letter that would be ~ ' reformulated by Brian Flynn and sent to the bars as well as the Chief of police stating the ICAAB's intentions for the recommendations if time allowed. B. Fund Raisers 1. The ICAAB would "sponser" appetizers and beverages for the annual I-care event December 1 st, 2004. 2. Plans were discussed and set in motion for a fund raiser for R.V.A.P. to be done December 9th for all bars participating and Brian would draft a letter for all bars explaining the details and nature of the event. 3. Everyone attending handed out flyers, matchbooks and information for R.V.A.P. about date rape drags and the concern for safety in the community to all of the bars and "late night" establishments. C. Education 1. It was decided ICAAB would distribute the packets for all guidelines for establishments after Board approval during the December 1 st meeting. 2. Brian has put together the packets and will be collecting the final information and articles necessary for completion before December 1st. III. Adjourned Iowa City Alcohol Advisory Board Minutes Informal Meeting; November 28th ~ Bo James I. Present: Leah Cohen · Brian Flynn · Mike Porter · Chuck Goldberg · Rebecca Neades · Rare Mateer · Jim Bell II. General Discussion A. Bar Crawl Email · Discussed a mass email sent out to U of Iowa students about an apparent bar crawl promoting excessive drinking. · It was determined that we would look into this matter and discuss at the formal meeting on Wednesday, December 1st. B. Fund Raisers 1. ICARE event for World AIDS day · Leah made sure everything was organized for the donations of appetizer trays and wine for the event. · Bo James - 2 appetizer trays · 808 - 2 appetizer trays · The Summit- 2 appetizer trays ,.~ · Joe's Place, Sports Colunm, and 3ra Base - 2 cases ~:.. of wine ' 2. R.V.A.P. night (December 9®) lp · Brian distributed, with the he of the Budweiser distributors, letters to all establishments asking for . their participation. -~: · Budweiser agreed to help with advertising and ' signage for the event. · Estimated 16-20 bars would participate, raising between, $2000 and $3000 for the R.V.A.P. from the ICAAB. C. Proposed Licensing Ordinance · Chuck presented the first draft of the proposed licensing ordinance. · Discussed some of the oppommities the ordinance would provide for Iowa City bars and restaurants. · It was decided that we would discuss further at the formal meeting how best to forward the progress of the ordinance in hopes of getting to City Council by January 2005. III. Adjourned Iowa City Alcohol Advisory Board December 1st, 2004 Agenda I. Roll Call II. Minutes A. Approve minutes from November 3ra meeting~ B. Minutes from informal meeting November 10 . III. Correspondence and Public Discussion i~! , IV. General Business A. Establishment Packets 1. Approve "final' packets for distribution ..... 2. Discussion of any necessary changes. B. Monitor shirts C. Committee Reports 1. Compliance Committee (Rafe) 2. Ordinance Committee (Wade/Chuck) 3. Education Committee (Jason) 4. Public Relations Committee (Jim/Rebecca) V. New Business A. Fund Raisers 1. ICARE sponsor 2. R.V.A.P. fund raiser night December 9th. a. Budweiser will be doing advertising for all participating establishments. b. We will be advertising in the Daily Iowan and Press-Citizen. c. Brian sent out letters to all establishments asking for participation and explaining the fund raiser goals and expectations. B. Employee Licensing (Wade/Chuck) C. Press Releases, Advertising Campaign D. New"21 only" group. E. Letter from City Council 1. Measuring Success? 2. Discussion VI. Proposals for next formal meeting. VII. Adjourn Iowa City Alcohol Advisory Board Minutes December 1st, 2004 I. Roll Call Present: Absent: Leah Cohen Wade Shriver Brian Flynn Mike Porter Chuck Goldberg Rebecca Neades Rafe Mateer ~ Jim Bell - ~, Marc Moen Jason Shore , Advisory Guests: Dr. Rick Dobyns - Alcohol Abuse Working Group , ..~: II. Correspondence and Public Discussion A. Bar Crawls ·Some concern was expressed about a mass email that went out over the U of Iowa email system about a bar crawl. · Marc Moen was not happy with the slogans that were being used to describe the bar crawl and that names of some establishments were included as well. · Jason Shore volunteered to research where the email had come from. · Discussion of how to avoid problems with bar crawls lasted for quite some time. · It was decided that the Board would try and formulate some recommendations for establishments on bar crawls. B. "Tag Line" · It was proposed by Rebecca that the ICAAB include a "tag line" on all communications with ICAAB on it. · It was decided that a tag line would be included. · Jason Shore proposed we infer to our efforts for safety and responsibility. · The Board unanimously voted to use: "Promoting a more responsible, safer community." III. General Business A. Establishment Packets · The "sample" packets were distributed to the members and it was unanimously voted that they were ready for distribution to the establishments. · It was determined the packets would be delivered by the Board members and an info,mation sheet should be included to "present" to each establishment. · It was also determined that a letter inviting each establishment to the January 12th meeting should be included as well. B. Committee Reports 1. Compliance Committee · Brian Flynn reported that all packets were ready for distribution. · A small infraction with a bar offering "free champagne" was reported upon. The establishment was very receptive to the ICAAB and discontinued the promotion. 2. Ordinance Committee · Chuck Goldberg distributed a first draft of an ordinance for - ~ ~-~ proposal to City Council for the licensing of servers. ~ · It was decided the Board would need to review some of the . content more thoroughly before presenting to the City Council. · It was proposed by Mike Porter that the proposal be presented after the first of the year, once establishment packets had been distributed and worked on. : 3. Education Committee · Jason Shore reported that he had spoken to the chair of the Pan-Atlantic Council, the head of the sororities at the U of Iowa, about the R.V.A.P. night the Board is sponsoring. Jason told us that they were very excited about supporting the fund raiser. · Jason reported that he had tried to contact Kim from Anheiser-Busch about the speaker planned for February but was unable to reach her as she has just gotten married and returned from her honeymoon. 4. Public Relations Committee Jim reported that Rebecca and he had worked on a press- release after the last meeting and it was referred to in the Press-Citizen and Daily Iowan. · Jim and Rebecca proposed another press-release for the fund raisers that the ICAAB has been working on. · It was agreed that, pending executive board approval, another press-release would be sent out concerning the fund raisers and the distribution of the establishment packets. IV. Proposals for next meeting A. Next meeting · Next meeting was proposed and set for January 12th, at 2:00 p.m. at the Chamber. · It was proposed and decided that the Board would invite all establishments to discuss the packets distributed. · Brian, Leah, Chuck, and Mike agreed to bring some food and refreshments for the meeting. B. Business · Chuck would again reform some of the proposed licensing ordinance after an informal meeting scheduled for December or early January. V. Adjourned at 3:45 p.m. . C_AAB m.a A coho Board oting a safer, more responsible community Agenda January 12th, 2005 I. Roll Call, Introductions II. Presentation to Karla Miller of R.V.A.P. for donations from establishmems III. ICAAB/UISG Speaker event with Bob Anastas (Kim with Budweiser) IV. Leah Cohen · Introduction of ICAAB mission and objectives · Formation of ICAAB · Comact with City Council · Explanation of guidelines and recommendations V. Brian Flynn · Direction of meeting · Open discussion of establishmem packets VI. Discussion of Establishment Packets VII. Proposal for next formal meeting, Wednesday, February 2nd, 2:00 p.m. VIII. Adjourn Iowa City Alcohol Advisory Board Minutes January 12th, 2005 I. Roll Call · Present: Leah Cohen Advisory: Rebecca ~ Brian Flynn Jim Griff~n ':~ Mike Porter Connie Champion .~: Chuck Goldberg . '~7 Rafe Mateer *Also a number of owners/ , Jason Shore operators attended as well. Wade Shriver Jim Bell :, Marc Moen · Absent: Rebecca Neades II. Brian requested that everyone attending the meeting sign the contact sheets being distributed to get email address and contact information to help keep establishment owners/operators informed of happenings with the ICAAB. III. R.V.A.P. Presentation to Karla Miller · Presented Karla with a check for $2004.00 Karla gave a brief thank you to the ICAAB and the bar owners/operators present at the meeting. · Leah announced that we had new posters for distribution. IV. Kim, with Anheiser-Busch, talked about the upcoming speaker event being sponsored by the ICAAB and UISG on February 15th. · Bob Anastas, founder of SADD will be the speaker. · February 15th, 7:30 pm at the IMU Ballroom. V. Leah gave a brief overview of the ICAAB mission and goals for the owners/operators that attended the meeting. · Discussed committees and asked for volunteers to get involved with the ICAAB. ·Leah gave a brief overview of the recommendations the ICAAB has set forth for establishments. · Discussed the Council's request for ideas about keeping Iowa City cleaner, especially after the weekend. VI. Brian opened up discussion to the owners/operators that were present. · Mike Porter requested discussion on zoning issues downtown 1. Jim Griffen talked about regulations in Florida based on making a Liquor License a commodity, in order to control the number of liquor licenses in a given are& 2. Mike discussed the notion of an ordinance requesting a zoning law, limiting the number of liquor licenses in Iowa City or by district. · Tammy Bowman requested discussion of the current 19-ordinance. 1. Tammy was concerned about the current ordinance being too harsh for service of under 19 patrons eating food or playing pool. 2. Leah informed her that we have discussed the 19 ordinance at length and that we would not be trying to lobby any change at the current time, but that it would be something considered for the agenda in the near future. · Marc Moen spoke briefly about the "delicate balance" of the Iowa City atmosphere and the progression of a few of his development projects in the downtown area. 1. Marc stated that people involved in his "towers" project liked Iowa City and referred to it as "a unique nightlife venue". 2. Marc stated that many of these people were professionals from out of state, well into their 40's and 50's. · Connie Champion gave praise to the ICAAB and applauded the efforts of the establishments in the last few months. 1. Connie announced that she would be nmning for City Council again, mainly to continue to "watch the ICAAB like a hawk". 2. Connie stated that Iowa City needs this kind of unity from the bars to help combat issues surrounding underage drinking and overconsumption, but also to maintain a unified effort to support Iowa City business. ICAAB Iowa City Alcohol Advisory Board February 2"d, 2005 Agenda I. Roll Call II. Minutes ~ A. Approve minutes from January 12th meeting. ~' ~ B. Minutes from informal meeting. .. ~, -- III. Correspondence and Public Discussion IV. General Business ~: .-~ - A. Establishment Packets - 1. Discussion from January 12th meeting. 2. Discussion of any necessary changes. B. State Business 1. Discussion with Iowa Alcohol Beverages Division (Lynn and Nicole) 2. Funding for T.I.P.S. training C. City Council 1. Measuring success of the ICAAB. May deadline. 2. "ICAAB Sunday Clean-Up" ideas, discussion. D. Committee Reports 1. Ordinance Committee - Revised Licensing Ordinance 2. Education Committee - Speaker, Feb. 15th 2005 V. New Business A. Proposed Agenda issues. 1. Smoking Ban- Mike Porter 2. Volunteers for committee help B. Press Releases, Advertising Campaign 1. Guest Opinion/Letter to the Editor regarding ICA/LB 2. Advertising guidelines being followed fairly well. C. Reminder - Speaker February 15th 1. Bob Anastas, courtesy of ICAAB and UISG. 2. 7:30 pm, IMU Ballroom 3. Dinner at the Summit before the Event with Bob Anastas. D. UI Life Website (Campus Authority) 1. Not a University of Iowa sponsored site. 2. Promotes drink specials (free advertising for bars) 3. Brian and Rafe spoke with the producers of the website (report) VI. Proposals for next formal meeting. VII. Adjourn IC~4B Iowa City Alcohol Advisory Board "Promoting a more responsible, safer community." Minutes February 2nd, 2005 I. Roll Call · Present: Leah Cohen Absent: Marc Moen Brian Flynn Chuck Goldberg Jim Bell Mike Porter Jason Shore Rare Mateer Wade Shriver Rebecca Neades · Advisory Guests: Lynn Walding - ABD : Nicole Gehl- ABD -,. ~ Cathy Witt - Daily Iowan : Rebecca Schultze - COC ~ Kim - Budweiser ~ II. Minutes Approved after changes. ~ - - - III. Opened Discussion of January 12th Meeting. '~ ~ A. Compliance Committee 1. Monitor Checks · Leah has been doing Monitor checks on the weekends. · Most establishments are complying, but it was decided a list would be compiled to keep a more accurate record for City Council. 2. Wade posed the question of making "non-compliance" public. · It was agreed that it would be made public according to our roles of the ICAAB. · It was also proposed that a non-bar owner member of the Board contact these establishments that were not complying. B. It was also discussed that the ICAAB members should try harder to "rise" above the pettiness of some of the issues surrounding establishments in Iowa City. 1. The members should be able to point out non-compliance or any other violation to an establishment without feeling that they are picking on one or the other. 2. It was pointed out by Wade that the ICAAB should be, above all, concerned with the Board's success and not with the personal issues surrounding competition in Iowa City. IV. Iowa ABD/T.I.P.S. Training A. Lynn Walding and Nicole Gehl were present to discuss funding for T.I.P.S. Training. B. Lynn informed the Board that he had secured money to fund another T.I.P.S. Training session in Iowa City similar to the session in 2003. lC.~4B Iowa City Alcohol Advisory Board ~'~ .... "Promoting a more responsible, safer community." C. Over 600 servers wcrc trained in the 2003 session and thc Board inform¢~l Lynn and ~ Nicole that we would fully expect to reach capacity again easily f6~ anOther session. D. Nicole and Lynn informed us that '~?~, ~..' ' ,.. 1. As of this time, no server, in Iowa City that was T.I.P.S. trained had been Cited for a violation. 2. If we provided the location and times for the training, due to the success of the program in 2003, they would once again provide the funding and offer the same incentives for establishments, the "get out of jail free". V. UILife Website A. We discussed the UILife Website that had been getting a lot of publicity over the past week with the posting of drink specials. B. Brian info~:~iied the Board that he had met with Mendel Kurland, one of the site developers, about the website. 1. Mendel agreed to post the uniform "19 to socialize, 21 to drink" above the drink special page. The phrase was posted directly after the meeting with Brian. 2. It was also discussed that the website would help the ICAAB promote educational and special events on the website for Iowa City. · They agreed to post an advertisement for the ICAAB and UISG sponsored speaker, Bob Anastas, for his Feb. 15t~ speaker event. C. It was also discussed that even though this was a positive accomplishment, that the ICAAB will not be able to "influence" every aspect of media in the Iowa City Community. VI. Lynn Walding spoke about some of his concerns with Iowa City and how the ICAAB might be more effective in combating underage and excessive drinking. A. Lynn said that the efforts of the ICAAB had been very positive and that he was very impressed with the Boards success to this date. B. He also stated that the T.I.P.S. Training would be a significant step in the right direction. C. Leah Cohen pointed out that the biggest problem that we, as a Board, seemed to face was the negative aspect that the media and Stepping-Up seemed to portray on Iowa City. D. Lynn stated that the biggest problem with Iowa City was not all of the establishments, but about four oftbem. He cited size, capacity, drink specials and staffing as the biggest errors that these establishments made. V. We discussed some of the items for our next meeting. · Brian proposed a new ordinance in conjunction with the City Council's request to help clean up downtown Iowa City after weekends. It was proposed to add Community Service hours to P.A.U.L.A. fines for weekend "clean-up crews". IC~4~4B Iowa City Alcohol Advisory Board "Promoting a more responsible, safer communh~y. ' · Leah and Brian would meet with Captain Johnson from the ICPD on Thursday, Feb. 17th to discuss some of the issues the Police Department had with ICAAB. · It was determined that Brian would drai~ a letter to local businesses on behalf of the ICAAB asking them to continue to clean-up in front of their businesses, especially after the weekend. · Fleck Sales agreed to put together lists of the cab companies to be displayed in the establishments for the ICAAB. VII. Adjourned ICA~lB Iowa City Alcohol Advisory Board "Promoting a safer, more responsible community" Agenda March 9th, 2005 I. Roll Call II. Approval of Minutes from February Meeting III. Old Business A. Meeting with Captain Johnson (Feb. 17th) - Leah, Brian, & Mike B. Chamber of Commerce Ltmcheon - Leah C. Bob Anastas Speaker Event (Feb. 15 D. Meeting with D.I. Editorial Board (March 6th) E. Clean-Up Letter F. Fleck Sales - Cab List, Cards IV. General Business A. Compliance : 1. Monitor Shirts 2. Compliance Checks 3. Security Awareness B. Ordinance 1. Need to vote on Ordinance Proposals for May meeting. 2. Five Proposals a. Server Licensing b. Zoning c. Upper/Lower Level Restrictions d. Community Service for P.A.U.L.A. offenders e. Below Cost Pricing C. T.I.P.S. Training 1. Finalize Dates 2. Get information out with New Establishment Packets for May Meeting with City Council. D. R.V.A.P. 1. New Signs for Bathrooms/Establishments are available. 2. Brian spoke with Karla Miller about recent problems. E. Preparations for May Meeting with City Council 1. Board Ideas or Suggestions 2. What do we need to present? V. Public Discussion VI. Proposals for next meeting April 6~ VII. Adjourn ] C~L~B Iowa City Alcohol Advisory Board "Promoting a safer, more responsible community' ' Minutes March 9 2005 I. Roll Call · Present: Leah Cohen Absent: Jason Shore Brian Flynn Mike Porter Jim Bell Advisory: Rebecca Schultze (COC) Chuck Goldberg Lew Converse (Billiard's) Wade Shriver Tom (Billiard's) Rafe Mateer Brett Sawyer (Sports Column) Marc Moen George Etre (ETC.) II. Minutes Approved for February III. Old Business A. Meeting with Captain Johnson and Sgt. Kelsey (Feb. 17th) 1. Leah, Brian, and Mike met with them and discussed concerns with P.A.U.L.A. arrests, Incidents in the downtown area, and Underage Drinking. 2. Leah gave a short overview of the meeting and informed the Board · P.A.U.L.A. arrests were still consistent with the previous year. · Incidents were down 3. It was stated that from now on we should try to invite the officers to meetings and talk with them as a Board instead of individually. B. Chamber of Commerce Luncheon 1. Leah spoke at the luncheon as a representative of the ICAAB. 2. She reported that everyone was "very impressed" with the success thus far of the ICAAB and also spoke with a few City Council Members as well. 3. Leah reported that the event raised a lot of awareness for the ICAAB with members of the business community. C. Speaker Event (Feb. 15th) - Bob Anastas 1. The event was standing room only, approx. 550 people attended. 2. The ICAAB was very disappointed with the lack of Press coverage. D. Meeting with the Daily Iowan (March 6th) 1. Leah and Brian met with the D.I. Editorial Board 2. Spoke with them about presenting a more positive image of Iowa City and helping to support the ICAAB efforts. 3. Brian reported that they were very receptive and resulted in a great editorial in Tuesday's edition of the Daily Iowan. E. Clean Up Letter in Progress 1. Brian had composed a letter to downtown businesses for the purpose of asking for assistance from downtown businesses in keeping the Iowa City area cleaner, per request of the City Council. 2. Chuck stated that we could use the proposed server ordinance to obtain funding for more trash cans and clean ups from the City. ] CA~B Iowa City Alcohol Advisory Board "Promoting a safer, more responsible community" F. Fleck Sales Assistance 1. Fleck Sales provided the ICAAB with posters and wallet sized cards with cab numbers promoting our goal for a safer, more responsible community. 2. The posters and cards were distributed amongst the bars, restaurants, and night food establishments. III. General Business A. Compliance Checks 1. Monitor Checks have been being conducted with fairly good success. 2. Leah has been doing the checks and stated that most were in compliance, but some were confused on the usage of the Monitor Guidelines. 3. It was decided Brian would compose another letter, to be hand delivered, to all the establishments stressing the importance of using the Monitor shirts and providing extra security. 4. The effectiveness of the Monitor Shirts was questioned. 5. Brian stated that although the effectiveness of the Monitor Shirts was not extreme, the level of awareness for extra security has been raised throughout the establishments, citing the meeting with the ICPD and their determination that incidents were down. 6. It was also stressed that some of the establishments, even some using Monitor Shirts needed to have more than just the Monitor visible as a staff member. · The idea of uniform staff shirts was brought up. · It was determined that we should stress the importance to establishments to have easily identifiable staff members, especially security staff. · Chuck proposed a task force to look into the interest of establishments in ~ :' recommending a uniform security outfit. -- · Tom (Billiard's) stated that his staff would not like the idea based on .' - individuality among some of staff members. ',' · - · Brother's was cited has having a very identifiable staff uniform, as well as, the , Union having just provided new staff shirts to employees. ;- B. Ordinances ,_~ ~1.: It was determined that the Board would discuss and vote on the different proposals :L~ ;: for ordinances to be presented to Council in May. ]2. There were five ordinances scheduled to be discussed on the Agenda · Server Licensing · Zoning · Upper/Lower Level Restrictions · Community Service for P.A.U.L.A. offenders · Below Cost Pricing 3. A new idea was presented as Serving While Intoxicated 4. Server Licensing · Chuck proposed that we attempt the server licensing proposal in 3 steps. a. Contact all establishments for a meeting to discuss the ordinance. b. Discuss the proposal with establishment owners. ICAAB owa Atcoho Adviso Board "Promoting a safer, more responsible community" c. I£consensus was to proceed: finish proposal for submission to Council. · A vote was called for on this initiative and passed by majority o£4 to 3 a. Voted Yes: Chuck Goldberg, Wade Shriver, Rare Mateer, Brian Flynn b. Voted No: Leah Cohen, Jim Bell, Mike Porter c. A meeting date was set for March 30t~, 2:00 p.m. in the Chamber. The issue was discussed further and the £¢¢lings of the Board were much divided on the timing of presenting this proposal to Council. IV. Adjourned lC -ABI°waCityAlc°h°lAdvis°ryB°ard I "Promoting a safer, more responsible comnmnity" Minutes March 23rd, Work Session I. Roll Call · Present: Leah Cohen Absent: N/A Brian Flynn Mike Porter ~:'~ Chuck Goldberg Advisory/Guest: · Marc Moen Mark Kresowik (UISG Pres.) Jason Shore Lauren McCarty (UISG) Jim Bell Rafe Mateer Rebecca Neades II. k-~' ICAAB was introduced to new President and Vice-President of UISG, Mark and Lauren. · Spoke about some student issues conceming alcohol. · Spoke about the newly elected UISG position on City Council. · Jason Shore spoke about his replacement on ICAAB. III. Work Session A. Packet Contents - Brian explained the packet contents. B. Mission Statement, Focusing on goals · Leah spoke about frustrations with current issues with the ICAAB. · Marc Moen spoke about trying to focus on fewer goals and more on the issues that warranted our direct concern with the near future. C. Sgt. Kelsey had not committed to attending the meeting on April 6th. · It was decided Brian would send an informal invite again. · ICAAB needs to get information from him regarding alcohol statistics. D. Chuck spoke about the server licensing ordinance meeting on March 30th. · Leah expressed concern that the issue had divided the Board and that we were concentrating too much on this one issue. · We agreed to limit discussion and prepare for the presentation to the establishments on the 30th. · Discussed briefly other ordinances. 1. Upper/Lower Level Restrictions 2. Zoning E. Worked on our list of goals and accomplishments 1. Accomplishments · Formation of the ICAAB. · Established an open line of communication with the establishments in the CB-5 and CB-10 Districts. ICAAB owa Alcohol Advisory Board "Promoting a safer, more responsible community" Minutes March 23rd, Work Session I. Roll Call · Present: Leah Cohen Absent: N/A -, Brian Flynn '- ~ Mike Porter ' ~ Chuck Goldberg Advisory/Guest: Marc Moen Mark Kresowik (UISG Pres.) Jason Shore Lauren McCarty (UISG) Jim Bell Rafe Mateer ...... ~ Rebecca Neades II. ICAAB was introduced to new President and Vice-President of UISG, Mark and Lauren. · Spoke about some student issues concerning alcohol. Spoke about the newly elected UISG position on City Council. · Jason Shore spoke about his replacement on ICAAB. III. Work Session A. Packet Contents - Brian explained the packet contents. B. Mission Statement, Focusing on goals · Leah spoke about frustrations with current issues with the ICAAB. · Marc Moen spoke about trying to focus on fewer goals and more on the issues that warranted our direct concern with the near future. C. Sgt. Kelsey had not committed to attending the meeting on April 6th. · It was decided Brian would send an informal invite again. · ICAAB needs to get information from him regarding alcohol statistics. D. Chuck spoke about the server licensing ordinance meeting on March 30th. · Leah expressed concern that the issue had divided the Board and that we were concentrating too much on this one issue. · We agreed to limit discussion and prepare for the presentation to the establishments on the 30th. · Discussed briefly other ordinances. 1. Upper/Lower Level Restrictions 2. Zoning E. Worked on our list of goals and accomplishments 1. Accomplishments · Formation of the ICAAB. · Established an open line of communication with the establishments in the CB-5 and CB-10 Districts. ICA4B owa Alcohol Advisory Board "Promoting a safer, more responsible community' · Established an open line of communication with the City Council and ICPD. · Established an open line of communication with the Iowa ABD, (Lynn Walding). · R.V.A.P. Fundraiser and Partnership. · Sponsored the ICARE event at the Gallery for World AIDS Day. · Sponsored nationally renowned speaker Bob Anastas with UISG. · Secured funds from the Iowa ABD for Free T.I.P.S. Training for Iowa City establishments. ·Distributed information amongst all the establishments including 1.Establishment Packets - Outlining the ICAAB and the recommended guidelines. 2. 2005 Driver's License Booklets 3. Lists of Iowa City Cab Companies and Phone Numbers to be · 2 ~- ~' displayed. : 4. Proposed "Clean-up" dates for areas in Iowa City. ~ · Proposed and self-enforced recommendations and guidelines in establishments. ~ ' ~ · Set up a "Monitor System". . .,_~? · Influenced responsible advertising of specials both in the media and in the establishments. 2. Future of the ICAAB... Continue Educational Events (Speakers, R.V.A.P., etc.) · Remain an asset to the City Cotmcil and Commtmity of Iowa City. · Maintain and improve upon existing recommendations and guidelines. · Continue to improve businesses and the community of Iowa City. · Maintain the lines of communication that have been achieved with the City Council, the Iowa ABD, the ICPD and especially the establishments. F. Discussed taking a more direct approach with some of the establishments that were having more problems. · It was decided that most of the establishments were complying well, but a few were still having repeat problems. · It was decided that we would talk directly with some of these establishments. IV. Adjoumed I CAAB city 41conol 4a,,isory Soard "Promoting a safer, more responsible cornmuniO~" Agenda April 6th, 2005 I. Roll Call II. Approval of Minutes from March Work Session, Server Licensing Meeting. III. Sgt. Troy Kelsey A. Statistics B. Suggestions IV. Old Business A. Altemative suggestions to Server Licensing Ordinance B. Compliance Checks 1. Checklists 2. Improvements??? V. General Business A. UILife.com - Bar Shuttle B. Fundraiser Letter C. Iowa City Cultural District D. May 2nd, City Council 1. Preparations 2. Presenters 3. Information VI. Public Discussion/Correspondence VII. Set dates for Work Session and Meeting before May 2ad. VIII. Proposals for next Work Session/Meeting IX. Adjourn I CAAB ~owa City Alcohol Advisory Board "Promoting a safer, more responsible community' Minutes April 6th, 2005 I. Roll Call · Present: Leah Cohen Absent: Chuck Goldberg Brian Flynn Wade Shriver Mike Porter Marc Moen Jim Bell Jason Shore Advisory: Sgt. Troy Kelsay Rebecca Neades (ICPD) II. Decided to hold approval of minutes until Board had more time to review. III. Met with Sgt. Kelsay of the ICPD. A. Discussed statistics that Sgt. Kelsay had compiled for the ICAAB regarding alcohol related violations for 2004 and 2005. B. Sgt. Kelsay stated that the trends seem to be staying the same, but that the statistics alone would not show the improvements that establishments have made in the last few months. C. Sgt. Kelsay stated that the problems still remain with a few "problem" establishments and that these are the areas the Board should concentrate more on. D. Sgt. Kelsay remarked on Security and advocates Camera security systems. · Felt that camera systems should be recommended and used. · Felt that security awareness in the establishments has improved. E. Sgt. Kelsay feels that there is not enough accountability put on students and young people and that the majority of accountability unfairly falls on the owners and staff of establishments. F. Questions for Sgt. Kelsay. · Q: Will 21 make a difference with tmderage drinking? 1. A: Drinking is cultural. Some displacement would occur to ~.~ house parties, but he feels it would decrease underage -~" drinking in the bars. .5~.~ ~ -. 2. Feels that from an enforcement stand point it would make it :- .:~ ~ easier to go 21, but the displacement issue is a concern. , ~ · Mike asked if calling the ICPD for a disturbance call is reflected in ~ ' the statistics as a disturbance placed on the establishment. ~ ~ 1. Sgt. Kelsay stated that the call does go on record for the ..... ?.~ establishment, but that he would rather receive calls for -- assistance than not. 2. The Board agreed. I CAAB owa A cohol Advisory oard "Pramoting a safer, more responsible community" IV. Extended Retail Program A. Letters for both retail and establishments downtown had been written by Brian to be distributed. B. It was decided that the Board members would divide up the list to distribute and collect donations for the program. C. Set a final date of April 27t~ to finalize list of participating establishments and retailers. D. Leah stated that we would try and secure free parking in the ramps and ask the city council to allow tables and racks for retailers to be allowed during this event. V. Discussed preparations for the May 2nd meeting with the City Cotmcil. A. Brian reported that he had begun putting together our information packet to be given to the city council for our presentation. B. Brian explained the general contents of the packets and asked for any suggestions for items or infoimation that needed to be collected or included. C.It was suggested that we include: · Advertising for establishments, show improvements. · All fimdraiser and donation information thus far. Generalize a monitor compliance report for the establishments with percentage of establishments participating and compliance. VI. Set dates for work sessions before the May 2nd meeting with the city council. · Work Session I - April 20th at the Chamber, 2:00 p.m. · Work Session I! - April 27th at the Chamber, 2:00 p.m. VII. Adjoumed I CAAB Iowa City Alcohol Advisory Board "Promoting a safer, more responsible community" Agenda April 20tn, Work Session I. Roll Call II. Press-Citizen Editorial Board Meeting - Leah, Brian, Jim, Marc III. Ordinances A. Zoning - Mike B. Server Licensing - Include in Packet? IV. "Extended Retail Program" A. City Council Meeting - Leah, Chuck, Brian B. Distribute lists for collections ~-' V. "FAC" Incidents ~ Vi. Preparations for May 2"a Meeting with City Council _ '~ A. Brian has almost got the Packets put together. ~ ~.: 1. What do we need? ~" 2. What should we not include. B. Advertising packet. C. Compliance Check Statistics. V. Proposals for Meeting Next Week (April 27th ~ 2:00) VI. Adjourn ICAAB ~owa City Alcohol Advisory Board "Promoting a safer, more responsible community" Minutes April 20tl~, Work Session I. Roll Call · Present: Leah Cohen Absent: Wade Shriver Brian Flynn Mike Porter Jim Bell Advisory: Erik and George Rafe Mateer (The Union) Jason Shore Rebecca Neades Marc Moen Chuck Goldberg II. Jim Bell reported on our meeting with the Press-Citizen Editorial Board attended by Leah, Brian, Jim, and Marc. A. Jim gave an overview of our discussion. 1. Felt that the meeting went very well, and that the Editorial Board was very impressed with the accomplishments of the ICAAB thus far. 2. Marc spoke impressively about promoting the energetic atmosphere of Iowa City instead of only focusing on negatives. t- B. Marc was concerned about one issue that was brought up concerning alternate - · --z venues for non-alcohol events. -~ "~ 1. Mike and Brian expressed that there are a number of non-alcohol .~ _ activities in Iowa City and that the focus of the media on alcohol ·, .~ issues has forced people to forget that they do things in this town i'- - '~'~ without a drink in their hand. 2. Leah suggested we should talk to Mark Kresowik, the new UISG '- ~'::. President about getting support for non-alcohol events. · ,: !'-~ 3. It was suggested that we should focus on this in the near future and make this a priority of future goals for the ICAAB. III. Ordinances A. Zoning 1. Mike reported on his research for a Zoning Ordinance proposal. · In 2000, it was explored by the City Council for zoning through land use. · Found it could be done by district, as far as limiting the number of liquor licenses. · The issue was tabled by the City Council at the time. 2. Rebecca stated that the zoning and planning ordinance is being restructured in the near future and it is something the ICAAB should address as soon as possible. 3. It was proposed that Zoning be an issue for presentation to the City Council. I C~4_~B Iowa City Alcohol Advisory Board "Promoting a safer, more responsible community" IV. "Extended Retail Program" A. Leah reported that the City Council gave "verbal" approval to the program and to changing the ordinance to accommodate tables and racks on the sidewalk for the event. B. The advertising campaign was discussed. · Television, Radio, and Newspaper will be forms of media used for the program. · Discussed different options for commercials and ads. · Leah and Brian would meet with Mediacom and Radio reps to get the ball rolling on commercials. V. "F.A.C. Complaints" A. Talked about complaints with F.A.C. Promotions at two establishments downtown that the ICAAB had received complaints of excessive drinking. B. It was reported that owners of the establishments were contacted and concerns were expressed over the nature of their promotions. C. Leah expressed that the promotions were irresponsible and that they were a blatant disregard for the spirit of the ICAAB and the law. ~ D. Marc reiterated that the promotions encouraged excessive drinking and ::::"that it was not his intention, nor anyone else's on the Board to "stick up for" establishments that were showing blatant irresponsibility. · Marc expressed that the Board is concerned with all issues that involve alcohol and the environment it creates. ' · It has to stop. ,~. >:E. The owners of the establishments agreed to stop the promotions immediately and they would find more responsible alternatives in conjunction with the spirit of the ICAAB. VI. Discussed the preparations for the May 2na meeting with City Council. A. Brian reported that the packet for council would be done by Tuesday and asked for any suggestions on things that were not included and how they should be presented. B. Brian noted all suggestions and agreed that the packet would be ready soon. C. It was suggested that one main focus would be to ask the City Council and the ICPD for help in maintaining some credibility for the ICAAB with establishments and Iowa City businesses. VII. Set date for next work session, Wed. April 27th at 2:00p.m. at the Chamber. VIII. Adjoumed ICa~L4B Iowa City Alcohol Advisory Board "Promoting a more responsible, safer community. ' 3/22/2005 Dear Establishment owner and/or operator, The ICAAB will be meeting with the City Council on May 2na and this deadline is rapidly approaching. One of the main focuses of our mission and presentation to the Council will be a report on the success, or failure of the recommendations that the ICAAB has set forth for establishments in the CB-10 and CB-5 districts. At the request of the City Council, ICAAB Members will be visiting establishments during the month of April, Thursdays, Fridays or Saturdays, to evaluate and collect infoimafion for this report. We cannot stress how important it will be to show that these recommendations are working and that everyone is making a conscience effort to improve businesses in Iowa City. Therefore, we are requesting that owners and operators review the information that was sent out, by the ICAAB, earlier in the semester with regards to Advertising and the proposed Monitor Position. Once again, we are acting on requests of the City Council to review and provide them adequate information which will no doubt have a major impact on decisions made regarding the future of business and especially on the entry age of bars in Iowa City. The gratuitous support and efforts we have seen thus far has given the ICAAB a Itt of latitude to effect some proactive, positive changes in the Iowa City community and with your help we can continue to do so. Thank you for your time, effort, and support. Sincerely, ICAAB Co-Chair, Secretary bflyunS(~_,yahoo.com 1. Recommendations for usage of Monitors. tu The Board recommends that all establishments over 125 total capacity and/or allowing underage patrons use a Monitor: 1. if the ratio of patrons to staff members is higher than 40:1 (40 ,7 patrons:l staffmem~), and/or .... ' ~ :: 2. if the number of patrons in the establishment is at or within '~' ":::: 10% of its "full" capacity, and/or - ~ 3. if it is assumed the establishment will be at or near full capacity , .-, during the course of any given night. '" ~ b. The Board also acknowledges that not all establishments will be able L . : to predict the "turnout" of certain nights and recommends that ~ :~....., establishments and their staff use their best judgment in determining : which nights a monitor is require& FREE SODAS for Designated Drivers offered at these Iocatiens (after 1Opm) ~E 0~-~ BOJames Sponsore~ by: The Iowa City Alcohol Advisory Board MS ICAAB towa City Alcohol Advisory Board "Promoting a safer, more responsible community' Monitor and Advertising Compliance Checklist Establishment Name: Capacity:( ) Date: ICAAB Member Name: Guest: Advertising: 1) Any advertisements placed against ICAAB recommendations? Yes No 2) If yes, where are they located? 3) If yes, what is the problem? Monitor: 1) To whom did you speak with about the Monitor? (Position: No Names Please) 2) Is the establishment at/or near capacity? Yes No 3) Is a Monitor noticeable? Yes No 4) Is Security Staff Visible? Yes No 5) Any noticeable concerns and/or problems? Remember, we are gathering this information for the City Council. It may not be necessary to speak with any of the staff, but it may be helpful to ask. If they are informed of the situation they may have answers for you regarding their policies on use of the Monitor. This information may be just as helpful as the reports we are trying to put together. Notes: IC.~-~ Iowa City AIcohol Advisory Board Yellow Cab of Iowa City 338.9777 Old Capitol Cab Company 354.7662 Airpod Express 35 ~000 · A-OK Taxi 665,9288 LC. Cab 32~.8383 Tony's Taxi Company 936.1308 B/ack & Gold Cab Company 63~-~976 Silver Shutt/e 936.1961 ROBERT ANASTAS Founder of Student A~{inst Driving Drunk :. And "Check lin" to a Winning Life Robert Anastas .is the founder'of 8.A.D.D. and aC. heck In" to a WidnSng_Lj_f.e_~.._H.e i~.is ..an educator, author, lec~re~', and couns'el0r. He is a member of the Board of Directors for the National COmmission for the Prevention of Alcoholism and Drag Dependency. He has written' numerous articles and papers on adoles'cents and is 'the alithor of three books dealing '~.i.'th pareht/child communicat)on. '- ' '.. -- .Mr: Anastas was the recipient of the Massachusetts Teacher of thc Year Award, the United St/~tes Depmttnent of F!,ealth and Human Serv/ces Award and .others to numerous to mention. · He is a former school--administrator, football and h6ckey coach, and has /aught at /he high school and college levels.. ~Ie graduated American International College, and holds a Masters Degree and a Doctbrate. 'At American International College,' he receivdd "All Americar~'~' hohors in bo/h football and hockey. Upon graduation he was drafted by the New Eng]and Patriots as a quarterback and punter. A television-movie dramatizing his life, and his fight, against 'drunk driving, was broadcast on bo. th CBS .and HBO. Mr. Anastas has traveled hundreds of thousands of miles throughout the United 'States ang! 'EUrope delivering his 'Pd'we ..r~l' and inspirational message to stu.dknts, educators~ and parents.. . . Is not coming to speak at the University of Iowa .BUT. Former cOach and founder of SADD Bob Anastas has dedicated his life to making positive change in the liVes of students across t? nation. Come hear what Bob has to say in his presentation "~Check. Into a Winning Life.!,~ ~: It. beats living in van down by the river: .. -7:30 PM IMU 2ND FLOOR BALLROOM This event is sponsored by the Iowa City Alcohol Advisory board with help from the University of Iowa Student Government 2A - The Daily Iowan - Iowa City, Iowa - Wednesday, ~'ebruary 16, 2005 NEWS Speaker outlines 'flawless' road to success in motivational talk BY KATE MCCARTER when it happens, people should TH~ DAILY IOWAN know not to drive. "Educators and the federal The founder o£ Students government have been giving Against Driving Drunk deliv- you misinformation for years," ered a motivational speech he said. "It's time to stop Tuesday at the IMU ballroom treating you like babies." before a crowd of approximately After he founded the group, 450 students, encouraging them CBS and HBO aired a movie to choose their destiny by staying about his life. drug-free and working hard. Anastas was drm°md as a quar- Bob Anastas, who has risen to terback for the New England national prominence as a speaker, Patriots, and he later decided to educator, and author, told the teach. In 1971, he won the crowd how to develop responsibleMassachusetts Teacher of the attitudes in difficult situations Year Award for Drug and outlined his "flawless' road to Education. Today, he gives success, approximately 125 speeches a "Destiny is not a matter of year to students, parent groups, chance, it's a matter of choice," he and athletics departments. said. "'We really wanted someone to Laura Schmitlfrhe Daily Iowan Anastas founded the address the issue of drunk Bob Anastas speaksto a full house Tuesday night inthe IMU. Anastas, a. Ci-drtm~-driving grouv in ~98~ dri,~g beta. se it is de~niteiy athe founder and former director of Students Against Drunk Driving, and served as its director for 10 problem in Iowa City,~ said U[ said there are five ways to make positive changes in yearst~ro,'eaeppi.gdow, toco.- Stude.C Gowrnme.t Vic~ h'e~i- students' lives during his presentation, "Check into a Winning Life." centrate on delivering speeches, dent Jason Shore, the only The former high-school hockey student member of the Iowa Bo-Jmes, 118 E. Was}fington St. 'q3ob's message really hit home coach started the organization City Alcohol Advisory Board~ Along with UISG and the edco- with all his personal stories. after two of his star players died The board used fund-raisers to hol panel, the Greek conm~tmity Especially because nearly all of us in separate drunk-driving acci- get the money to bring in Anastas, also sponsored the talk. know someone who has died dents in the same week. and it hopes to have an educational "I thought the speech was awe- becauseofdrunkdriving." Although he doesn't condone event every semester, said co- some," said Julianna Hoffinan, a E-mail DI rep0~er Kate McCarter at: underage drinking, he said, founder Leah Cohen, the owner of Zeta Tau All/ha sorority memben katherine-mccader@uiowa.edu {iA - The Daily Iowan - Iowa City, Iowa - Tuesday, Mat~¢h 8, 2005 OPINIONS Winners will be announced today at 7 p.m. in the IMU Richey Ballroom Send your reactions to: daily-iowan@uiowa.edu TONY ROBINSON Editor · PETE WARSKI Opinions Editor · GRANT SCHULTE Managing Editor · ANNIE SHUPPY News Edi/or AI~IilA JADOON, ERIK OWOMOYELA~ MAltGARET POE, ROBERT SCIINEIDER, BRITTANY SHOOT, KATIE CHELMINSKI Editorial writers EDITORIALS reflect the majority opinion of the Ol Editorial 8oard and not the opinion ol the Publishe~; Student Publications Inc, or the University of Iowa GUESI OPINIONS, COMMENTARIES, and CO(.UMFIS reflect the opinions o~ the authors and are not aecessaril¥ those ol the Editorial Board. STAFF EDITORIAL Work remains, but a good start with good ideas The DI Editorial Board met with Leah Cohen and Brian Flynn, co-beads of the Iowa City Alcohol Advisory Board, to discuss feasible alternatives to 21-only for combating underage drinking The Daily lowan Editorial Board was fortu- These are all good steps toward hate enough to have a meeting last weekend addressing the long-standing problem of with Leah Cohen and Brian Flynn, the co- alcohol abuse, but we maintain that heads of the Iowa City Alcohol Advisory Board much more needs to be done. As Cohen and owners of Bo-James, 118 E. Washington pointed out, "'We're dealing with 100 St., and doe's Place, 115 Iowa Ave., respective- years of drinking in Iowa City," and she ly. In previous editorials we've criticized the added that the group is facing an uphill group for being ineffective; by i`hat we meant battle because of the Stepping Up that we hadn't seen much tangible evidence of Project's negative publicity about down- the ways in which the panel had worked to town. That's a statement with which we improve downtown's image and prevent a 21- agree wholeheartedly; it's time to stop ordinance. Indeed, it still has work to do, but being negative about this problem and we were impressed with the information and acknowledge that there are options bet- ideas Cohen and Flyma presented us, and we ter than banning all minors from the offer our fitlt support to the one organization bars. that may ultimately scrap talk of 21-only for The best ideas we heard from the alee- good. hol-board representatives are ones that For example, one proposal advanced by have been implemented in other college Cohen and Flynn was employing bar monitors towns and should be considered here. at each downtown establishment. These mon- Daily Iowan File Photo For instance, an ordinance in itors, employees of the bars, would be ORe proposal from the Iowa Cily Alcohol Advis0~/Beard is to include Champaign, Ill., requires establishments assigned several tasks, including prevention hat monitors who would watch for signs e! ex0ossive 0onsumption. to obtain a license for serving food before of excessive consumption and underage drink- obtaining a liquor license. This obviously lng, as well as averting fights between intoxi- cuts back on the number of bars that cared patrons. Many bars do this already -- the monitors are the employees spring up. Another policy in thai, town requires bars to stop serving alcohol who wear the highly identifiable shirts with bright colors or neon letters. It's at l:30 a.m., but in some cases, those same establishments stay open until 3 a good idea, but more needs to be done: Not every bar is cooperating with the a.m. This ensures that bar patrons don't all spill out onto the streets at the proposal, and as Cohen pointed out, these monitors should be visible to same time and allows revelers to stay at the bars and sober up rather than patrons at all times in case trouble arises unexpectedly. That's not always the trying to walk (or worse, drive) home while still drank. case. These are the types of changes we think would make the most difference They also pointed out their campaign to place signs in Iowa City bars that in downtown Iowa City's atmosphere. They go beyond postkng signs and reg- provide customers with cab numbers and warn them about the dangers of ulating advertisements, which are a good start but don't effect change in poi- date-rape drugs. This, coupled with guidelines that deter bars from adver- icy to quiet talk of 21-only. We appreciate that the alcohol board has begun tising specials promoting excessive drinking and messages that remind to make progress, and the well-prepared presentation we received last week- patrons they must be "19 to socialize, 21 to drink," is all part of a proactive end shows this organization may finally be the one that will succeed in approach to improve Iowa City's image and provide alternatives to going 21. reforming downtown's ubiquitous culture of excessive drinking. 6A - The Daily [owan Iowa City, Iowa - Tuesday, Ap~l 12, 2005 OPINIONS Send us your thou~Jhts on the relocation of tll student section at Hawkeye football game~ daily-iowan@uiowa.ed~ TONY ROBINSON Editor · PETE WARSK[ Opinioa~ Editor ° GRANT SCHULTE Managing Editor * ANNIE SHUPPY News ~]ditoc KATIE CHELMINSKI, ER[K OWOMOYELA, MARGARET POE, ROBERT SCHNEIDER, BRITTANY SHOOT Editorial writers EDITORIALS reflect the maiorrty opinion of the BI Editorial Board and not the opinion of the Publisher, Student Publications nc, o he Un versay o Iowa GUEST OPINIONS, COMMENTARIES, and COLUMNS reflect the opinions of the authors and are no{ necessarily those of the Editorial Board STAFF EDITORIAL Cooperation, not confrontation, the answer to booze problems As suggested by an April ll Daily Iowan article, other colleges and uni- versities across the nation are taking initiatives to address the ubiqui- tous problem of binge drinking without necessarily alienating underage students from downtown social scenes, encouraging unsupervised house parties, and putting a dent in local economies. Iowa City can follow suit, but to do so, the various organizations on and around campus need to work together with each other and the university to effect change. The Stepping Up Project has lobbied aggressively to restrict Iowa City drinking establishments to those aged 21 and older, an initiative that has historically seen support from university officials. The Iowa City Alcohol Advisory Board has taken a different stance, maintaining that local bars continue to allow entry to 19-year-olds and employ alternative strategies to fight excessive and illegal alcohol consumption. Furthermore, there's UI Student Government, an organization that has actively fought against a 21-only ordinance for years, and the Iowa City City Council~ whose members have voiced mixed opinions on the subject. The presence of all these interested parties hgs the potential to stall the matter rather than make progress on it. If the university and community have any hope of making headway, three things need to happen. First, these groups need to cooperate with each other instead of wasting time disputing the best course of action to take. Likewise, university officials need to recognize the efforts and ideas of all the groups, not just those that advocate the UI's position. Finally, the community needs to work togeth- er to produce fresh ideas, not dwell on old ones that have already been proposed and discussed without result -- most notably the 21-ordinance. In looking for new soluQons, the work of other alcohol advisory boards around the country provides valuable insight, and to its credit, Iowa City's board has looked to them for ideas. The Liquor Advisory Commission of Champaign, Ill., has implemented one Of the best options we've seen. That city, which also permits 19 year-old patrons in its bars, enacted a policy enforcing a 2 a.m. last-call at bars and a 2:30 a.m. clos- ing time. This is a plan we'v/~ already endorsed, and again we call for it to take shape in Iowa City. The problem with allowing bar patrons to buy alcohol until just 10 minutes before closing time at which point all intoxicated patrons spill out onto the streets at once, only to proceed to after-hours parties where they drink even more -- should be self-evident. That's just one idea to combat alcohol abuse without closing the doors of Iowa City bars to so much of the student population. It's not a perfect plan, but nothing is. Indeed, numerous reforms will need to occur before we begin to see a change in the UI's drinking culture. But nothing is accom- plished by continuing to discuss old ideas that have already fizzled while bickering about feasibility of alternatives. Idcal~y, we would like to perma- ~ nently put to rest debate over a 21-only law, and we'd like the issue of binge ~ - drinking-:~ stop rearing its ugly head in this newspaper almost weekly ·. (and daily~.qn the arrest blotter). But before that happens, cooperation and .~ .- creativity needs to take place between comxnu~ity groups and members. Nick Loomisfthe Daily Iowan We hape Lo see more of that. Christa Walrath, the head bartender at the Summit, pours drinks on Jan. 23. Our v ew If successful this summer, the extended hours Consensus of the Press-Citizen editorial board ~ for retailers could lead to greater things. The advi_ Retailers sory board might consider sponsoring attractions year-round in the downtown area so that longer store hours can become permanent. And there appears to be widespread interest in doing so join ~ rids smnmer, only two retailers say they won't stay open later ,ib~m Several communities across the nation offer ~ouolm free concert series to help draw people back to ora.~ retail areas, all with var- night party ' ~1 stow, however, business- · Wha'c Friday Night es remain open as the Concert Series That many downtown Iowa City businesses band plays. Many shops · Where: Downtown plan to stay open later on Friday nights during rite find that the music drives Iowa City annual concert series deserves applause. ~..~ business; in mm, extend- '- Thank the Iowa City Alcohol Advisory Board ed hours bring shoppers · When: 6:30-9:30 for making it happet~ The group, which is exam-~p who suddenly discover p.m. May 20-Sept. 6 the concert series. They · Change~ Retailers ming ways o£ reducing ~y~ often tell their friends will stay open until at underage drinkhzg in The |ssue: and return, generating least 8 p.m. downtown Iowa City Without raising the bar · lhirty r0tailem iii yet more concertgoers etttry age, convinced in downtown Io~a CRy * and shoppers. The system feeds upon itself, and about 30 downtown busi- will extend their hours ~ local retailers likely will find their registers ring nesses to stay open until to at least 8 p.m. ~. with increased frequency the more weeks they at least 8 p.m. on Friday during the Friday Night ~ stick with the extended hours. nights. Giveaways, fre- Concert Series. ri~i Drinking ~till an · quent shopper programs ~e 8ugg88t As the April 17 Des Moines Register article on and possibly free parking might be added. Some · lhe extended open alcohol abuse in Iowa City (carried in that day's retailers also plan sales at bourn, broughI about Press4~itizen) showed, there are two other sides of outdoor tables and racks, b~ the Iowa C|ty downtown: daytime when the district is a vibrant Almhol ~dvl$or~ Board, retail and entertainment area attracting a wide Bridging age gap marks a good move. ' .... swath of area residents to dine, shop, conveme attd i!l relax; and late nights while the university is in scs- This marks an impor- What do you thiltk? sion, when the two main sights are drank college tam step in ensuring · Will the concert students and police ticketing underage drinkers. downtown remains a series bring additional While no one wants to rid downtown of young vital retail area for corn- dollars to'downtown adults they are the primary dynamo behind the munity members older than 24. The goal of the retailers? district's vibrancy, after all getting the drinking Friday Night Concert · Send comments !!* ' problem under control so that not-quite-so-young Series, which the Press- to Opinion Page, P.O. ~::.~ residents also can erooy the entertainment scene Citizen sponsors, is to Box 2480, 10wa City, ~- Ought to be a major concem of businesses there bring people downtown~ Iowa 52245 Or e-mail and of the broader community. Many community Whileltt~ music and open to opinion@press- ~- members potential customers for retailers, restautY, nts ~nay be citizen,com, restatauteurs and bar owners simply won't go downtown, even early, on college drinldng nights. attractioi~ enough, the {~.vent's intent and effectiveness is undercut when The concert series with extended retail hours retailers decide to remain closed while [he music Offers one way to take back the district. plays. A~ keenly pointedout by advisory board . fnembei: Chuck Goldberg, the two "pemonalities" iWhell does my city couItci[ itext meet? df dow0town-~ ~ntertainment and. retail rarely ~ · Coralville: w~w.c0ralville.org/mayor, htm. dmss. This is 6~ne:time that they will. ~ ~ Iowa City: wvav. icgov.org/calendar/calendar_m.asp. : Indeed~ many who've come downto,wn for the . i concert series have conmmnted that_its a shame ~ North Uber~. www. northlibertyiowa.0rg/city/council/ stOres-weren't open as well And many of those t agenda.btm, · University Heights: www. university-heights.0rg. people bring [heir children, making the summer event a great ~way to introduce a whole new gen- eration to downtown's retail charms. RAPE DRUGS ARE OUT THERE... ARE THEY IN YOUR DRINK? If you or your friend: · Seem drunk after a small amount of alcohol or soft drink · Suddenly are dizzy, confused, drowsy or nauseated, or · Suspect someone is drugging drinks · Tell a trusted friend · Call Police at 911 · Get to a safe place · Call the Rape Crisis Line at 335-6000 · Seek medical attention · Don't leave your drink unattended; if you do, throw it away. · Only drink from un-opened bottles or cans, or drinks that you've seen poured. · Don't accept open-container drinks from anyone. · Avoid "group" drinks. Punch bowls or containers that are passed around are the easiest to drug. · If you notice something is wrong with your drink - there seems to be some powder on the glass, or it has a funny taste, don't drink it. Hold onto the drink and call law enforcement immediately. · Use the buddy system. Be alert to your friend's behavior and ask them to watch out for you. Come with friends and leave with friends. Remeiiiber, rape is a crime· It is never the victim's fault. Rape Victim Advocacy Program Rape Crisis Line: 335-6000 Support. Information. Advocacy. 24/7. moengroup MANAGEMENT OFFICE MARC B. MOEN BOBBY JETT 105 EAST COLLEGE STREET IOWA CITY, IOWA 52240 marc(~moengroup.com bobby(~moengroup.com www.moenfiroup.com FACSIMILE: TELEPHONE: 319.351.3747 319.351.3900 MARC CELL: 319.430.3010 BOBBY CELL: 319.430.8386 April 27, 2005 Mayor and City Council Members ' :'!'~ ' ~ CITY OF IOWA CITY ' ~ 410 East Washington Street "~ Iowa City, Iowa RE: Iowa City Alcohol Advisory Board :_/:: v, :> Dear Mayor and Members of the City Council: I am a member of the Iowa City Alcohol Advisory Board (ICAAB). Thank you · nd for giving ICAAB the opportumty to address you on May 2 . I had very much wanted to meet with you on May 2nd but unfortunately I will be out of the state on a business meeting regarding the hotel at Plaza Towers. COMMITMENT When I agreed to sit on the ICAAB, I made it clear that I would expect the bar owners and operators to seriously address the issues of excessive and underage drinking. Should I sense owners are not seriously addressing that issue, my support will disappear. On that I am firm. The enthusiasm and cooperation I have witnessed far exceeds my expectations. This is true of the bar owners, and also business people generally, the student body, the state department of Alcohol and Liquor Control and the Chamber of Commerce· In my opinion, we have the core support to make a real difference. One of the most impressive things to me is that the efforts of the Board are not centered around the "19 / 21" law. Rather, efforts are geared toward what we can do to limit excessive drinking (which knows no age) and to educate bar owners and patrons about responsible drinking. EDUCATION I am totally convinced that new or different laws will not change drinking habits. Dr. John McCardell, Jr., the recently retired President of Middlebury College in Vermont says that prohibitionists have driven drinking behind closed doors and underground and this is the hard lesson of prohibition that each generation must relearn. McCardell says "No College President will say that drinking has become less of a problem in the years since the age was raised. Colleges should be given a chance to educate students, who in all other respects are adults, in the appropriate use of alcohol, within campus boundaries and out in the open." I stand firmly with Dr. McCardell. Moving drinking upstairs into private apartments, or worse yet off campus where drinkers have to drive home after drinking, is dangerous and irresponsible. There is an ordinance in Iowa City that bars must have glass fronts so the bar is clearly visible from outside. One reason for this ordinance is to allow ease of monitoring of drinking activities. Changing laws will not stop drinking habits, but would likely move drinking to a far more dangerous environment. I believe we should direct our efforts toward educating owners, operators and drinkers (regardless of age) about responsible drinking and toward a cohesive effort of promoting our remarkable downtown. Many groups should be involved in this education process including the ICAAB, bar owners and staff, student body leaders, and the University. ICAAB is also working hard to develop a strong relationship with the Iowa City Police Department. One of the things the ICAAB has established is a program aimed at stopping bars from advertising or engaging in specials that encourage excessive or underage drinking. When there is an activity at a bar that may promote excessive or underage drinking (regardless of whether it is technically legal) the first step is for a Board representative to approach the offending bar. If that does not stop the activity, the second step is for the ICAAB to contact the police regarding the activity. This has already met with success. In instances where a Board member has pointed out the offending activity, the bar owners involved have cooperated in giving the Board assurance that the activity would stop. I believe the cooperation and commitment among bar owners is unprecedented in Iowa City. I believe it is due largely to this Council's hard work in sending the message that there is a serious problem that must be dealt with. This is a learning process for all of us and will take some time. The good news is it is being well received and seems to be working. The best news is that large numbers of those who can make a difference are taking this very seriously. MY PERSPECTIVE The ICAAB is a diverse group including bar and restaurant owners (both 19 and 21 bars); a chamber of commerce representative; a bank president; a student body representative; a hotel operator; and a real estate developer. I bring to the Board the perspective of a downtown real estate developer. I do not own in a bar; I lease space to only one bar (we lease space to several facilities with liquor licenses but which are primarily restaurants such as Venuto's, Devotay and Linn Street Cafe); I live downtown; I own and develop property downtown; and I have committed my resources and my time to do whatever I can to improve on our already fantastic downtown. A great deal of my time is spent talking to those who are interested in a operating a business or living downtown. Much of that time is spent promoting downtown. This is an easy task because the enthusiasm for our downtown is overwhelming. I love Iowa City and especially downtown Iowa City. So much I wanted to try and share it with other adults. I wanted other adults to experience living downtown like I do. No one has been more surprised than me by the degree to which adults have rallied around this idea. Based on my experience I can tell you: -With no marketing on our part, every purchaser of Plaza Towers residences came to us ready to buy. Most of these people can literally live anywhere in the country and they chose downtown Iowa City. One of the most appealing things is the night time activity in Iowa City. -We have been asked to develop in other downtown markets but because of the lack of nighttime activity, the concept of living downtown is a very hard sell. We have toured Iowa City with City officials from other Cities who marvel at Iowa City's vibrant downtown and who are especially envious that the City stays alive past 5pm and late into the night. -We have toured Iowa City with lenders and developers from several states who say they can "feel the energy" and describe it as "magical". -A market study for the grocery store at Plaza Towers raved about the vit~ili~y of~ Iowa City's downtown pedestrian plaza and the fact that it is an entertainment district which is vibrant late into the night. -People are not rallying around downtown Iowa City in spite of students and night life; they are rallying around downtown Iowa :_ ..... City because of the students and nightlife and the energy that creates. ~ We see more and more upscale venues like the Siren; Venuto's World Bistro; 126; AKAR's expansion to Vogel House; Zender's Salon expansion into the former AKAR space at Tower Place; and Dick Blick's expansion to Old Capitol Mall. The main floor of the Whiteway Building is currently being remodeled as an upscale steakhouse. An elegant restaurant and a grocery store will be opening in Plaza Towers. We were fortunate to have the choice of two quality hotel operators for Plaza Towers, both of which were enamored with Iowa City's downtown. We have an impressive waiting list for people ready to buy condos at the sold out Plaza Towers. While areas outside of downtown experience vacancies in apartments our apartments in the central business district are fully leased to a diverse group of tenants, including students, graduate students, college professors, retired professors, professionals and business owners. If we all continue to work together we will continue to see more of this enthusiasm and diversity. It is an exciting time for downtown Iowa City and it has the potential to just keep getting better. We must be very careful about making laws that would tamper with the incredible character of downtown. This is especially true of laws that have a slim chance of really addressing the heart of the issue (would another law really change drinking habits?) and have a good chance of doing collateral damage (would drinking move to less safe environments?). I am proud to be on the ICCAB and admire very much the work of bar owners who are committed to improving what we already have downtown. This is not just about the "19 / 21" law, however that is one component and we need your indulgence. Now that we have started this process and have a core group with a real chance to make a difference, please let us continue with this work and give us the opportunity to succeed. I do not think you will be disappointed if you give us that chance. Respectfully, Marc B. Moen MARC B. MOEN ,, a 1 N Gilbert St Ga Green 46 2801 Highway 6 E Apt Augustine Laur dsen 19 Hawk Ridge T.ravis ,R!tz 2.0 .L,e ~M~,a,r,s: iowa was LancsAlexandvr ,233 . ., ry , , . . · . . . , . . · , was charged Apdl 2 With public intoxi- 306, was charged April 1 w~th wolation Drive Apt. 1305, was charged April 1 charged Apn~ cation, of a no-contact, domestic-abuse protec-with PAULA and possession of a ficti- Jessica Rutherford, 20, 1002 E. College Alan Anderson, 18, N202 Parklawn, tive order, tious driver's license/identification. St. Apt. 2, was charged April 1 with was charged March 31 with possession Dylan Grimsley, 19, Sioux City, was Cashtyn Lovan, 19, 327 E. College St. PAULA. of alcohol under the regal age and pos- charged April 1 with PAULA. - Apt. 1731, was charged April 1 with Michael Seidlerm, 20, Waterloo, was session of drug paraphernalia. Ben Harrison, 27, 1958 Broadway Apt. PAULA. charged April 2 with public intoxication. Sloven Baumtiouer, 20, Dubuque, was 9B, was charged Jan. 6 with forgery by - Carrie Machado, 35, 331 N. Gilbert St.,Neit Shatek, 23, 847 'l~pperary Road, charged April 1 with PAULA. check/document, was charged April 2 with punic intoxi- was charged April 1 with OWl. Keith Bedog, 19, Glen Ellyn, IlL, was Ryan Hawkins, 20, 625 S. clinton SL cation and obsb'ucting an officer. Carolyne Smith, 23, 1100 Arthur St. charged Sunday with PAULA. Apt. 7, was chargqd Apdi 2 with PAULA. Kimberly Mar~us, 19, Glen Blyn, II1., Apt. L5, was charged March 27 third- Megan Bohlke, 21, 4155 Dane Road Brian Hotibs, 21,525 S. Johnson St. was charged April 1 with PAULA. degree harassment. S.E., was charged Sunda_y with operat- Apt. 1, was charged April 1 with publicChristopher McCIoud, 21,803 S. Van Frederick Sotay, 1'9, Elgin, II1., was lng whe ntoxicated, intoxication and public urination. Buren St., was charged Apdl 1 with pub- charged Apdi 2 with PAUL& 'FrederickBoyd, 29,961 MillerAve. Apt. Patrick Holland, 19, Springfield, II1., licintoxicatidn. : · Melissa Springer, 20, Ankeny, iowa, 3, was charged April 2 with public intox~ was charged April 2 with PAUL& Er n MickplSon, 22, 623 Iowa Ave. ApL was charged April 2 with OWl. ication. Briffani Hullstrom, 19, 613 N. Gilbert 1, was charged Apdl 1 with keeping a Justina Stedola, 20, 832 Iowa Av~., Mark Caithamer, 20, 128 Davenport St. St. ApL 5, was charged April 1 with disorderly house, was charged April 1 with PAUUL Apt. 2, was charged April 1 with PAUL& PAULA. Heath Moenck, 191 N167 Hillcrbst, was . Lawrence Taylor; 45, i960 Broadway ]]mothy Carroll, 20,427 S. Johnson SL Scott Janson, 19, Webster City, Iowa, charged Apdl 2 with PAULA. Apt. 1C, was charged April 1 with open Apt. 3, was charged Sunday. with was charged Apdl 2 with PAULA. Joseph Murphy, 20, Dubuque, was container of alcohol in a vehicle, ddving PAULA. while license Was revoked, and OWl. Shane Cook, 19, 741 Fairway Lane S.E., Mary Kaufman, 19, West Des Moines, charged April 1 with OWl. was charged April 2 with PAULA. Zachary Neihous, 19, Ankeny, Iowa, Justin Thoms, 20, Clinton, iowa, was was charged Apdl 2 with PAULA. charged Apdl 2 With PAULA. Kelly Cozza, 20, 18 E. Court St. Apt. Allison Kobach, 20, 504 S. Van Buren was charged Apdl 1 w~ PAULA.. 511, was charged Apdl 2 with PAULA. St. Apt. 2, was charged April 2 with Sean O"Brien, 19, 640D Mayflower, Ryan Thomson, 18, 1110 Highland Caleti Cray, 21,310 N. Lucas St., was PAULA and unlawful use of a driver's was charged April 1 with PAULA. Ave.; was charged March 31 with ' PAULA. charged Apdl 2 with OWl. licens~ddentification of another. Alicia O'l)onnell, 18, 732D MayfloWer, Frederick Todd, 20, 409 S. Dodge St Christopher Crossett, 20, 534C Jason Kolar, 19, Cedar Rapids, was was charged April 2 with presence in a Apt. 7, was'charged Apdl 2 with PAULA. Mayflower,. was charged April 2 with charged April 1 with public into,'dcation, bar after hours. George Tsirlsis, 25, address unknown, PAULA. PAULA, and possession of an open con- James Potter, 38, 1100 Arthur St Apt. was charged Sunday with public Samantha Cunningham, 20, West Des tainer in public. P3, was charged Mamh 31 with public intoxication. , Moines, was charged April 2 with Rodney Larias, 45, 2401 Highway 6 E. intoxication. John Wohl, 20, 303 N. Riverside Drive, PAULA. ApL 4801, was charged Jan.' 10 with Ryan Poyneer, 28, Clinton, ibwa, was was charged Sunday with PAULA. Michael Dolezal, 31,422 BroWn St. ' domestic,abuse assault and violation ofcharged April 2 with OWl. Lindsay Woo[d?idge, 19, 1221 Slater, Apt. 15, was charged Apdi 2 with child a no-contact, domestic-abuse protec- Jacob Rainey, 20, 637 S. Summit St., was charged Sunday with PAUUL endangerment and possession of a tive order, was charged Sunday with PAULA. Steven Young, 48, 2401 Highway 6 E. scheduie lcontrolledsubstance. Rodney Larios-Garcia, 45, 2401 Kenneth Randolf, 54, address ApL 1416, was charged April 2 with Jeffrey Driscol],. 19, LockP0rt, II1., was Highway 6 E. ApL 4805, was charged unknown, was charged April 1 with driving while license was charged Mamh 31 with PAULA. April 1 with domestic-abuse assault and criminal trespass, suspended/canceled. Brianna Engle, 20, 305 S. Summit, was. violation of a no-contact, domestic- charged Apdl 1 with PAULA. abuse protective order. Amelia Fedler, 21, Burlington, was Katie Lars0n, 19; Denver, Iowa, was charged Apri 1 with OWl. charged April 1 with PAULA. Nicole Fortner, 21, 2534 Barteit Road Kayla Larson, 19, Sioux~ City, was .~. Apt. lA, was charged Sunday with charged April 1 with unlawful use of a disorderly conduct, driver's license of another and PAULA. POLICE BLOTTER // Matlhew Andrusl 23, Des Moines, was Charged April 7 with driving while license keeping a disorderly house. charged Sunday with public intoxication, was suspended/canceled. Brandon Parrott; 21, Ely, iowa, was Megan Antonik, 18, 146 Slater, was Daniel Greenberg, 19, Des Moines, was charged April 9 with driving while license charged April 7 with public intoxication, charged April 8 with public intoxication was suspended/canceled. Matthew Bait, 20, Milwaukee, Wis., was and unlawful use of a driver's Griffin Pocock, 19, 527 S. Riverside Drive charged April 9 with possession of alcohol licenseAdentification of another. ' Apt. "~, was charged April 8 with under the legal age. Brandon Hamilton, 22, 34 Erobi Lane, was disorderly conduct and public intoxication. Drew Barry, 20, Manhattan, Kan., was .' charged Sunday with possessiod of Zoe Ponds, 48, address unknown, was charged Sunday with PAULA. ' , marijuana and public intoxication, charged April 5 with interference wth Danielle Baumrucker, 22, 725 E. Mila Hamilton, 20, 454 Lexington AVe., officialacts. Davenport St., was charged April 9 with was charged Apdl 8with possession of a John Reed, 27, 4304 Lakeside keeping a disorderly house, schedule I controlled substance and Apartments, ' was charged Sunday with Kasie Bevans, 19, 3340 Prospect Co,Jrt, possession of drag paraphernalia, domestic-abuse assault and public was charged April 7 with delivery of Heather Hansen, 19, 314 N. Clinton St., was intoxication. marijuana, charged Sunday with keeping a Abigail Schih:lroth, 20, 308 E. Burlington Melanie Bierbaum, 19, S243 Currier, was disorderly house. . St. Apt. 1134, was charged Sunday with charged April 8 with PAULA. ' Michael Harrigan, 20, Oaklawn, I[I., was PAULA: Jeffry Bohnenkamp, 25, 630 S. Capitol St. charged Apdl 9 with PAULK Cynthia Shields, 30, 1467 Valley View Apt. 401, was charged April 6 with public Benjamin Hines, 20, 613 N. Gill~rt St., was Drive Apt. B, was charged March 31 with intoxication, charged April 8 with PAULK third-degree harassment. Keith Burfield, 19, 2136 Quadrangle, was Michag Holkstra, 52, Wilton, IoWa, was charged April 9 with PAULA. charged April 9 with public intoxication. Mark Smiddy, 31, 2549 Clearwater Court was charged April 9 with public William Cadet, 27, West Branch, was Matthew Kandl, 21,600 S. Capitol St. Apt. intoxication. charged April 8 with driving while license 321, was charged April 9 with public Nathan Smith, 24, 1831 Lower Muscatine was suspended/canceled, intoxication. Kathleen Clymer, 22, 2520Walden Road, Alexandra Khoshaha, 19, 802B Road, was charge April 9 with OWl. was charged April 9 with operating while Mayflower, was charged Sunday with William Sprouse, 40, address unknown, intoxicated, public intoxication, was charged April 9 with public · Patrick Comlskey, 19, Chicago, was Renee Koessler, 20, 832 Iowa Ave., was intoxication. charged April 9 with PAULA, possession of charged April 9 with PAULA. Ryan Theis, 19, 320 Ellis Ave., was an open container in public, and unlawful Elizabeth Kusek, 20, 130 E. Jefferson St. charged April 8 with use of a driver's license of another. Apt. 5 was charged Sunday with PAULA. intoxication and falsifying a driver's Kimberly Daniel, 20, Mount Pleasant, Philip Maier, 20, 902 Benton St. Apt. 24, license/identification. Iowa, was charged April 9 with PAULA. was charged April 8 with public Gustavo Diaz, 35, 2401 Highway 6 E. Apt. intoxication. Stephanie Thomas, 40, 1906 Broadway 2809, Was charged April 8 with OWl. Charles Materi, 20, 201 E. Burlington St. Apt. 25, was charged April 9 with OWl. Michael Feuerslein 20 402 S. Gilbed St, Apt, 15B, was charged April 9 with PAULA. Patrick Thompson, 20, 1708 Burge, was Apt. 726, was charged April 8 with keeping Morgan McNeely, 19, Tinley Park, lib, was charged April 9 with PAULA. a disorderly house. ' charged April 9 with PAULA. Brianna Walsh-Bostwick, 18, 2125 Western Shannon Furlong, 20, 601 S. Gilbert St. Michael Miller, 20, Quincy, Ill., was Road, was charged Sunday with OWl. Apt. 632, was ch?rged April 9 w th PAULA. charged April 8 with PAULA and misuse of Christopher Weber, 18, Orland Park, IlL, ChitraGinde, 19/DeKalb, ill., was charged a driver's license to buy alcohol, was charged April 9 with public April 9 with PAULA. Kenneth Moranz, 20, 402 S. Gilbert St. intoxication. Mitchell Gotschall, 19, 314 Slater, was Apt. 712 was charged April 8 with keeping Emily Wenck, 18, 447 N. Riverside Drive ,,_.~2 charged Sunday with public intoxication, a disorderly house. Apt. S203, was charged April 9 with pres- ~..'? ~::~ JamieGmssi, 26, West Branch, wascharged Ryan Morgan, 19, DeKalb, II1., was ence in a bar after hours and PAULA. ~.=.....,:. ~, Sunday with sex-offender registry charged Sunday with PAULA. Russell Weston, 45, address unknown, .- .:!, violation. Kenneth Moruaz, 20, 402 S. Gilbert St. was charged April 9 with public ::': :.i Tyler Green, 19, 1220 Louise St., was Apt. 712, was charged Sunday with intoxication. ,-~.~ .~ .,"'-, POLICE BLOTTER / Clark Anderson, 19, N301 Hillcrest, was charged April 14 with PAULA. Place, was charged March 10 with was charged April 15 with public was charged April 14 with posses- l'licole Henderson, 19, 410 Rienow, driving while license was revoked intoxication. sion ct alcohol under the legal age. was charged April 15 with PAULA. and driving while license was sus- Jovanny Rivera, 29, Columbus' Latasha Ash, 24,736 Westgate Apt. Elizabeth Hoelscher, 20, 409 S. pended/canceled. Junction, Iowa, was ch. arged April 2, was charged April 16 with disor- Johnson St. Apt. 6, was charged JamesMcKinney, 20, North Liberty, was 16 with OW~ and driving while derly conduct. April 16 with PAULA. · charged April 14 with disorderly conduct, license was suspended/canceled. Ryan Askeland, 28, 184 Broadm0or* Jacquei ne I-luguelet, 19, 707 N. Michael Miller, 21, Waterloo, was ThomasSchroeder, 21,56 Pondview Lane, was charged April 16 with Dubuque St. Apt. 404, was charged charged Apd116 with public intoxication. Court was charged Apri116 with pos~ operating While intoxicated. Sunday with PAULA. William Miller, 47, Cedar Rapids, session of marijuana and OWl. Jodi Blnth, 20, 601 S. Gilbert St. Adam Jackman, 20, DeKalb,[ll.,was was charged April 16 with public Alex Schutman, 19, S406 Hillcrest, Apt. 635, was charged April 16 with charged Sunday with OWl and intoxication, was charged April 14 with PAULA. PAULAand possession of a fictitious unlawful use of a driver's Ashley Molitor, 20, Aurora, Ill., was Patrick Skuba, 24, 910 N. Dodge driver's gcense/identification, license/identification of another, charged Sunday with PAULA. St., was charged April 15 with OWl. TraceyBownns, 37,1015 Cross Park Michael Jacobsen, 19, 625 S. Tyson Mollenbeck, 21, 831 E. MandyStdcker, 20,328S. Governor Ave., was charged Apri116 with OWl. ClintonSt. Apt. 7, was charged April College St,, was charged Sunday St., was charged Sunday with PAULA. Aothony Bradley, 27, Davenport, 16 with public urination, with keeping ~ disorderly house. was Charged April 16 with OWl. Simon Jaynes, 26, 516 E. Church ' Daniel Murphy, 48, 1022 FdendlyAve., Kierney SUrman, 18, 1013 Slater, _Jonathan Brinck, 18, 321 Rienow, St, Apt. 2, was charged April 16with was charged April 16 with public was charged April 14 with PAULA. was charged April 14 with PAULA. public urination, intoxication. Anthony Todorello, 19, Orlando Park, David Brnilovich, 18, 812A John Kane, 30, 434 S. Johnson St. Tyler Nelson, 19, 5096 Highway 6 IIl., was charged Sunday with PAUI_A. Ma~lower, was charged Apri~ 15 Apt. 3C, was charged Sunday with S.E., was charged April 16 with pub- GeorgiaTrovas, 23, 127 E. College St. with public intoxication, violation of a harassment/stalking ]lc intoxication and PAULA. Apt. 3, was charged Sunday with OWl. Tyler Cate, 20, 309 ~J. Riverside protective order. EdWard Netser, 19, 1009 Highland James Walford, 20, Cedar Rapids, Drive, was charged April 3 with BradleyKoz~sek, 22,831E. CoilegeSt, Ave~, was charged Apri116 with pub- was charged Sunday with PAULA. third-degree harassment, waschargedSundaywithkeepingadis* lic intoxication. Doran Wallace, 23, 637 S. Lucas Wilson Davis, 20, C131 Hillcrest, ordedy house and public intoxication. Fernando Nunez, 29, 6 Arbandy St., was charged April 15 with pos- was charged Sunday with PAULA. Edan Usk, 19, 1040 Slater, was Drive, was charged Sunday with sesSion of marijuana. public intoxication. Dustin Dirksen, 24, 707 Melrose charged April 14 with PAULA. Alicia O'Donnell, 18,732D Mayflower, Kyle Wehner, 21,831 E. College St., Ave., was charged April 14 with pub- Joseph, Loncarich, 20, N417 Currier, was charged April 14 with PAULA. 'was charged Sunday with public lic intoxication, was charged Apri~ 15 with PAULA. Elizabeth 0senbaugh, 20, 332 E. intoxication, possession of drug Michael Preyer, 20, Farragut, Iowa, Michael Lucas, 25, 620 Kirk'wood Ave. Washington St. Apt. 6, was charged paraphernalia, interference with offi- was charged April 16 with public Apt. 4, was charged April 15 w~h OWl.. April 16 ~ith PAULA. cial acts, and disorderly house. intoxication and disorderly conduct. Stephan Marsh, 19, 311 Rienow, Katie Poller, 19, 404 Slater, was Richard Eicher, 39, North Liberty, was charged April 14 with keeping a charged April 15 with unlawful use Kate Wickoess, 20, 511 S. Johnson was ~harg'ed April 15 with OWl, pos- disorderly house and PAULA. of'a driver's license/identification of St. Apt. 1, was charged Sunday with session of marijuana, and posses- Michael Mather, 20, 610 S. Johnson another and PAULA. PAULA. sion of drug paraphernalia. St. Apt. 6, was charged Sunday with Jose Ramirez, 20, West Liberty, was Morgan Williams, 21, 544 S. Van Lalasha Frost, 20, Cedar Rapids, was keeping a disorderly house, charged April 16 with OWl. Buren St. Apt. 8, was charged April Arvind Rag, 24, 725 Emerald St. Apt. 15 with pubic intoxication. charged April 15 with disorderly con- Benjamin May, 19, address D4, was charged April 16 with OWl. Sharmen Yoder, 35, 3001 Wayne AVe., duct and interference with official acts. unknown, was charged Apri116 with Alexander Reardon, 21, 645 S. Amanda Georgopu[os, 20, 707 N. public intoxication, possession of Lucas St. Apt: 3, was charged April was charged April 12 with disorderly Dod~]e St. Apt. 5, was charged April marijuana, and possession of a ficti- 16 with keeping a disorderly house.' conduct a~d assault causing injury. 16 with public intoxication, tious driver's license/identification. Hans Revaux, 42, Mason City, iowa, Michael Zessemos, 20, 221 iowa tJiColle Harkness, 18, 830 Slater, Brock McDaniel, 19, Cedar Rapids, was charged April 15 with public Ave. Apt. 1912, was charged Apri115 was Charged April 14 with PAULA. was charged Sunday with PAULA. intoxication, with public intoxication and disor- ;Jacob Fleathman, 19, 540 Rienow, Pierre McKinley, 20, 1296 Dolen Jason Ridge, 20, 729 N. Dubuque St., derly conduct. POLICE BLOTTER JoshuaAraujo, 13, Glendale, Wis.,was charged April 21 with driving while Gerall Morgan, 24, Chicago, was Leslie Smith, 20,408S. Gilbe~tSt. Apt. charged April 23 with presence in a barlicense was revoked, charged APril 18 with criminal trespass.935, was charged April 23 with PAULA. after hours. Jesse Greer, 22, 2502 Wayne Ave., was Kristina Mothershead, 21, 2470 James Taylor, 23,316 S. Dodge St. Apt. Aristeal Bennett, 45, Coralville, was charged April 22 with public intoxication. Lakeside Drive Apt. 8 was charged April 3, was charged April 22 with 0WI. charged April 23 with operating while Anthony Greiner, 22, 632 S. Van Buren 23 with driving while license was sus- Frederick Thiede, 22, 130 E. ,Jefferson intoxicated. St Apt. 6, was charged April 23 with pended/canceled. St. Apt. 9, was charged Sunday with Matthew Bierzychudek, 22, 130 E. public intoxication. Juan Nartubez-Lopen, 18, 280t public intoxication and intederence with ,Jefferson St Apt. 11, was charged Matthew Guttman, 20, N204 Currier, Highway 6 E. Apt. 383, was charged officialacts. Sunday with keeping a disorderly house was charged April 23 with public urina- April 23 with driving while license was Anne Tye, 24, Solon, was charged April and interference with official acts. tion. revoked. 19 with driving while license was Matthew Brecht, 20, 700 Sunset St., StephanieHad~an, 20,610S:JohnsonSL James Naylor, 27, Coralville, was revoked. was charged Sunday with possession of Apt 8, was chan:jed Sunday with PAUL& charged Apd122 with OWl. ,Joseph Walsh, 20, 700 Sunset St., was a schedule I contrelied substance, public intoxication, and possession of a Tomica Neal, 21, Cedar Rapids,. was charged Sunday with possession of a Robert Brennan, 20, LaGrange, Ill., wasfictitious ddver's license/identiflca~on,charged Sunday with OWl and driving schedule I controlled substance. charged Sunday with possession of Tan~ra ,Jansen, 20, St. Pau[, Minn., while license was suspended/canceled. Thomas Wetmom, 19, Wheaton, III, alcohol under the legal age. was charcjed April 23 with PAULA. Devan Nnally, 20, E322 Hillcrest, was was charged April 23 with PAUL& Aaron Bruos, 24, Davenport, was ErskineJohnson, 25,1923E. CourfSt, charged Apri123 with PAULA. Kevin Wilson, 23, Coralville, was charged Sunday with OWL was charged April 15 with driving while Morgan NeiperL 19, Wilton, Iowa, was charged April 2t with theft and posses- Robert Caraway, 29, Cedar Rapids, was license was revoked, charged April 23 with disorderly con- sion of stolen Property. charged Sunday with OWl and posses- Naveen Khetaqgal, 22, 410 E. Market duct. Flajean Wilson, 62, Tipton, was sion of a schedule I controlled sub- St, was charged Sunday with public Michael Paynler, 23, Algonquin, II1., charged Apdl 21 with driving while stance, intoxication, was charged Sunday with public intoxi- license was revoked. KeVin Connolly, 22, Wheaton, Iii., was Teira Kopf, 20, Muscatine, was charged cation. Timothy Zarlengo, 21, Chicago, was charged April 23 with public intoxicaUon. April 23 with disorderly conduct.. Mary Saar, 51, ~orth Liberty, was charged Apd123 with public intoxication Jon Cummins, 38, 1318 Marcy St., was Elizabeth Krepps, 19, Western Spdngs, charged Apd123 with OWl. and disorderly conduct. charged April 22 with OWl and posses- IlL, was charged Sunday with posses- sion of marijuana, sion of a fictitious driver's licenseAdenU- Michael Davidson, 20, 4228 Burge, was flcation and PAULA. charged Apd123 with public urination. Daniel Krook, 19, 1223 Burge, was Eric Davis, 18, Bettendorf, was chargedcharged April 23 with PAUUL Apri123 with public intoxication. .Jeremy Laughlin, 21, 1220 Village Benjamin Dellspenger, 18, 5124 RoadApt. 4, was charged Apd123 with Daum, was charged April 22 with pos- keeping a disorderly house. session oT a fictitious driver's Eric Mandel, 19, 508 Rienow, was : license/identification, charged Apd123 with PAULA. ' - Erica DemarS, 19, 724D Mayflower, David Manos, 23, 112~/~ E. College St., was charged April 22 with OWL was charged April 22 with public intoxi- Anthony Diaferio, 22, Schaumburg, Ill.,cation and interference with official acts. was charged Sunday with public intoxi- Jay Mannahan, 23, Bloomfield, Iowa, cation, was charged April 23 with public intoxi- Blake Edwards, 22, 2222 Plaenview cation and disorderly conduct. Drive, was charged Sunday with public ' Shannon McDantel, 19, Quincy, II1., intoxication, was charged April 23 with PAULA. PatriCk Elliott, 22, 1131 Maple St., was charged Apd123 with public intoxication. Keith Elson, 49, North Liberty, was charged April 22 with driving while barred. Jeffery Friedman, 21, Dubuque, was charged April 23, with public intoxica- tion. Joseph Fruin, 19, E248 Currier, was charged Sunday with public intoxication. Adrian Golobie, 21, Cedar Rapids, was charged Sunday with OWL Adriano Gonzalez, 21,202~ E. Fairchild St., was charged Sunday with public intoxication. Steven Gonzalez, 28, West Libedy, was MEMORANDUM TO: lowa City Council Members FROM: Troy Kelsay, Sergeant REF: Alcohol Summary Report DATE: April 26, 2005 I have been asked to write a summary report regarding alcohol use, misuse, and its impact (from a law enforcement perspective) on the city. In particular, the focus is on underage consumption, the direct and indirect impact of irresponsible consumption, and any impact the actions of the Iowa City Alcohol Advisory Board have had toward addressing those issues. In a nutshell, the overall situation has not changed since last fall. Alcohol use/misuse continues to be a problem for law enforcement. A large amount of police resources are required on an almost nightly basis to address alcohol related incidents. There has been little, if any, measurable positive change in attitudes or behaviors. While I would caution against relying heavily on any individual statistic, I think the statistics do serve to identify trends. Having said that, the most recent statistics show no betterment of the situation. Indeed, the most notable changes indicate a worsening of the situation. · Possession of Alcohol Under the Legal Age [PAULA] charges through the first quarter of the calendar year are at a three year high without a corresponding increase in bar checks: 2005:314 PAULA (354 bar checks); 2004:220 PAULA (401 bar checks); 2003:284 PAULA (353 bar checks). Indeed, the PAULA-per-visit statistic for this time period is the highest it has been since I started keeping these statistics in 2002. 2005: 85%; 2004: 44%; 2003: 79%; 2002: 56% (376 PAULA, 475 bar checks). · Other alcohol related violations show less of a definable trend over the last three years. OWl charges have fluctuated but remain generally the same..02 violations have decreased ever so slightly. Public Intoxication charges are at a three year high - Public Intoxication charges to persons under the legal age have increased significantly from 66 in 2004 to 89 in 2005. OtherAIcohol Violations have fluctuated but remained generally the same. In Bar Under 19 charges have more than doubled in the two years the ordinance has been in place (2005 -- 37; 2004 = 16). · Other selected charges that are often alcohol driven have fluctuated. Interference with Official Acts charges have increased 45% since last year and are at a three year high. Disorderly Conduct charges (generally loud &/or fighting behavior) have fluctuated slightly but remain fairly constant. Disorderly House charges (loud parties) have risen very slightly over the last three years (2005 -- 36; 2003 = 33). In my conversations with members of the Iowa City Alcohol Advisory Board, they have stressed a variety of tactics to address the issue. I am sure they are very capable of speaking to their efforts; however, I would offer a very few observations toward that end. · Staffing (i.e., Monitors): The board discussed having similarly uniformed monitors in the bars. The monitors would serve several functions, but function primarily as a sort of safety officer. Despite the efforts of the board, this has not happened with any degree of consistency. A very, very few bars do have the uniformed monitors. Others claim to be using monitors just not dressed in the standardized shirt (it is difficult for me to confirm how many establishments do this because the monitors are not clearly, easily identifiable). Most have no identifiable person(s) acting exclusively as a monitor. In speaking with the monitors, most agree that part of their duty is to oversee the patrons and prevent, identify &/or intervene in conflicts. Beyond that, there is not any general agreement as to their responsibilities among the monitors themselves. · Police response: There was concern that increased vigilance by staff resulting in increased calls for police intervention would have a perceived negative impact (i.e. generate more calls-for-service & arrests/statistics). I encouraged the bars to call the police as often as needed and promised to do my best to advocate for the bars if their fears were in any way realized. It is in everyone's best interests, physically & civilly, for early police intervention in any situation that might deteriorate into physical confrontation, or involves the well-being of any individual in need of medical assistance. I continue to encourage bar staff to call for police assistance whenever they feel it may be required. · Training: The board has worked with the Police Department and the Iowa Alcoholic Beverages Division [ABD] to arrange for funded TiPS training to occur this fall. The training will take place over two blocks totaling ten days. The last time this program was offerred, approximately 600 servers took advantage of the training. In the meantime, ICPD continues to offer TiPS training at cost - many establishments/servers continue to use this service. · Education: The board has brought in speakers to attempt to educate the community (especially underage drinkers) about underage drinking. By all accounts, attendance/interest was high. Individual board members (notably, Leah Cohen) has also made herself available to various local organizations and neighborhood groups wanting to discuss the perceived problem. · Advertising: The board spoke of limiting/abolishing certain types of drink specials and advertising. They have had some success in getting some establishments to include a sort of disclaimer in their ads - "Nineteen to party, twenty-one to drink". However, they have been largely unsuccessful in reducing/eliminating drink specials. Many bars continue to advertise specials, both in the media and on their doors/windows. Despite all of the above, underage drinking in Iowa City continues unabated. The recent front-page Des Moines Register Article ("Iowa City drowns in booze culture", Erin Jordan, April 17, 2005) was largely accurate. From a strictly law enforcement (public safety) perspective, the officers working downtown and in the bars have not perceived any change in drinking behaviodattitude, especially among underage bar-goers. I will be glad to answer any questions you or others may have. I am planning on attending the Council Work Session on Monday, May 2. Troy Kelsay Sergeant, Iowa City Police Department Iowa City Police Department P.A.U.L.A. Report--March 2005 (PAULA = Possession of Alcohol Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit Business Name [occ~up_a_n_.~y] visits arrests visits arrests ~y~ar-to;c!at..?) American Legion [140] Aoeshe Restaurant [156] Atlas World Grill [1_6.~_] ..... ! 0 3 0 0.000 Baldy's Wraps [47] B.P.O. Elks #590 [205] Bob's Y o_u r_ _U~n_cl_e_.[_20_4_* ] Bo-James [111] 1 0 5 0 0.000 Boneheads [226] 1 0 0.000 Brown Bottle [289] Buffalo Wild Wings Grill & Bar [179] Cafe Z [56] Carlos O'Kelly's [299] China Moon [118] Club Car [56] 1 0 3 0 0.000 Colleg~ St Billiard Club [250] 4 ._ 0 14 0 .... _0.000 Colonial Lanes [502] 2 0 0.000 Cottage Bakery & Cafe [156] Dave's Fox Head Tavern [87] .... 3 0 Deadwood Tavern [218] 2 0 6 0 0.000 Devotay [45] Diamond Dave's (Old Capitol) [203] I 0 2 0 0.000 Diamond Dave's (Sycamore) [104] Dublin Underground [57] 2 0 5 0 0.000 808 Restaurant & Nightclub [176] 8 .... 7 __ 23 __ 2_9 ...... 1.261 El Ranchero [161] ETC [178] 1 0 6 3 0.500 First Avenue Club [500] _ ~ 2 1 0.5_00 Fitzpatrick's [116] 1 0 5 0 0.000 Fraternal Order of Eagle's [315] Gabe's [339] General Japanese Restaurant [87] George's Buffet [75] 1 0 5 0 0.000 Givanni's [187] Godfather's Pizza [170] Green Room [144] 1 0 2 0 0.000 Grizzly's South Side [265] 5 0 15 '2 0.133 Ground Round Restaurant [192] Gus' Roadhouse & BBQ Hanrahan's Pub [72] 1 0 5 0 0.000 Happy Joe's Pizza [84] Hilltop Lounge [90] 1 0 3 0 0.000 India Cafe [100] Iowa City Yacht Club [119] 2 1 0.500 It's Brothers Bar & Grill [456] 8 1 19 6 0.316 Joe's Place [161] 2 , 0 3 0 0.000 Kandy Land [120] 3 0 0.000 Kitty Hawk [225] 3 0 7 1 0.143 Lark Restaurant [289] La Casa [300] Linn Street Cafe [80] Loyal Order of Moose [476] Masala [46] Martini's [166] 3 0 9 0 0.000 Mia Milano [49] Mclnnerney's [154] 1 0 4 0 0.000 M i c__k_y '_s [~70]- ........ 3_ , 0 0.000 Mill Restaurant [325] 1 0 0.000 Motley Cow Cafe [25] Mumm's Saloon [96*] 1 0 2 0 Q.000 New Yen Ching Restaurant [247] Okoboji Grill [222] Old Capitol Brew Works [394*] 3 0 7 1 0.143 One-Eyed Jake's [355] 3 5 12 2.000 One-Twenty-Six/Loft [105] 1 0.000 p_a__g!ia!'_s Pizza [113] _ Panchero's (Clinton St) [62] 1 1 1.000 Panchero's (Riverside Dr) [95] Piano Lounge [65] ......... 3 : 0 _ ~ 0.000 Pizza Hut [68] Quality Inn/Highlander [971] Que Bar [458] 1 0 5 1 0.200 Quinton's Bar & Deli [149] - 2 0 0.000 Rack BBQ Rick's Grille & Spirits [120] Riverside Theatre R.T.'s [270] 1 0 8 3 0.375 Sam's Pizza [94] Sanctuary Restaurant & Pub [132] Seoul Garden [73] Shakespeare's [120] 1 0 3 0 0,000 Sheraton/Morgan's Bar & Grill [214] Siren [120] 1 0 1 0 0.000 Skybox [47] 5 4 0.800 Speakeasy 5 0 7 0 0.000 Sports Column [249] 8 11 24 51 2.125 Studio 13 [230] 2 0 0.000 Summit [484] 8 16 28 54 1.929 Sushi Po Po [84] Takanami [148] Thai Flavors Thai Spice [91] Third Base/Fieldhouse [420] 9 4 28 34 1.214 Union Bar [725] 9 14 27 46 1.704 VFW Post #3949 [197] 1 0 0.000 Venuto's World Grill [49] Vine Tavern [170] 2 1 6 7 1.167 Vito's [235] 6 9 18 21 1.167 W~& Pen Pizza Pub [203*] 2 0 0.000 Zio Johno's Spaghetti House [94] j Z'Mariks Noodle Cafe [47] 106 68 354 ! 290 0.819 Other PAULA at non-business locations: 9 24 PAULA Totals: 77 314 current month year-to~Jate Totals: l /~includes outdoor area] Iowa City Police Department P.A.U.L.A. Report--March 2004 (PA ULA -- Possession of Alcohol Under the Legal Age) : Monthly Totals Year-to-Date Totals PAULA per Visit Business Name [occupancy_] visits arrests visits arrests (year-to-date) American Legion [140] 1 / 0,000 Aoeshe Restaurant [156] Atla~ V~/~)~ld Gri~ .... ~ 12 0.000 - Baldy's Wraps [47] B.P.O. Elks #590 [205] Bob's Your Uncle [204*] Bo-James [111] 12 27 3 0.111 Brothers Bar & Grill [456] 7 _ 2 _ 27 · 1.4 0.519 Brown Bottle [289] Buffalo Wild Wings Grill & Bar [179] 1 9 1 0.111 Cage [257] Carlos O'Kelly's [299] China Moon [118] College St Billiard Club [250] 8 .... 25 . 1 .... 0.040 Colonial Bowling Lanes [502] 3 4 0.000 Cottage Bakery & Cafb [156] Dave's Fox Head Tav_e_rn Deadwood Tavern [218] 2 10 0,000 Devotay [45] Diamond Dave's (Old Ca.p_i_t_o!_)[2..0_3] _ _ 1 3 ~ 0.000 Diamond Dave's (Sycamore) [104] Dublin Underground [57] 3 10 1 0.100 Duds 'N Suds [132] Eagle's Lodge [315] El Ranchero [161] Et Cetera [178] 5 3 14 8 0,571 First Avenue Club [500] Fitzpatrick's/Brewery [394*] 3 0.000 Gabe's [339] .......................... 1 ..... 4 _ _ 0,000 George's Buffet [75] Givanni's [187] Godfather's Pizza [170] Green Room [144] 1 4. 0.000 Gringos Mexican Bar & Grill [180] Grizzly's South Side [265] ~_ 1 .... 2 _ _ 0.000 Ground Round Restaurant [192] Hanrahan's Pub [72] 2 0.000 Happy Joe's Pizza [84] Highlander Inn [971] 1 0.000 Hilltop Lounge [90] 1 3 0.000 Ind!a _Cafb [100] Joe's Place [161] 4 11 0.000 Kitty Hawk [225] 1 1 0.000 La Casa [300] Lark Restaurant [289] Linn Street Caf(~ [80] Los Portales [161] Malone's Irish Pub [176] 5 2 15 16 11067 Martinis [166] 4 12 0.000 Masala 46] Mclnnerney's [154] 4 8 0.000 Memories [120] 3 0.000 Mick_y'_s_[70]~ ......... 4 9 .... 3 0.333 Mike's Tap [56] 1 1 0.000 Mill Restaurant [325] 3 0.000 Min~_~,a's Ba_r.& Grill [2_2_0]_ ...... 2 0.000 Mondo's (Downtown) [226] Moose Lodge [476] Morgan's Bar & Grill (Sheraton) [214] 2 1 0.500 Motley Cow Cafb [25] Mumm's Saloon & Eatery [230*] Okoboj! Grill [222] One-Eyed Jake's [355] 1 9 14 1.556 One Twenty Six/Loft [105] 1 4 0.000 Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's (Riverside Dr) [95] Parthenon [320] Piano Lounge [65] 1 9 0.000 Pizza Hut [68] Q Bar [458] 5 7 _ 16. 14 , ~ ~ . 0.875 Quinton's Bar & Deli [149] 4 9 0.000 R.T.'s [270] 2 2 1,000 Sam's Pizza [94] Sanctuary Restaurant & Pub [132] Seoul Garden [73] Shakespeare's [!20] 2 4 0.000 Sports Column [249] 8 5 22 19 .... 0.86~ Studio 13 [230] 2 10 1 0.100 Summit Restaurant & Bar [484] 5 10 18 31 1.722 Sushi Po Po [84] Takanami [148] Thai~lavors [60] Thai Spice [91] Third Base/Fieldheuse [420] 9 4 29 12 0.414 Union Bar [725] 5 _ 7 21 33 1 .~571 VFW Post #3949 [197] Vine Tavern [170] 1 2 2.000 Vito'.s [235] I 0.000 Wig & Pen Pizza Pub [203*] Yen Ching Restaurant [247] Zio Johno's Spaghetti House [94] Z'Mariks Noodle Caf6 [47] Totals:! 123 i 46 ~ 40~ ! 187 0.466 Other PAULA at non-business locations: 11 ~ 3~3 PAULA Totals: 57 220 [*includes outdoor area] Iowa City Police Department P.A.U.L.A. Report--March 2003 (PAULA = Possession of Alcohol Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit Business Name visits r ___arrests , vlsi_ts + arre_st_s~ (_Y_ ear~o_._date~ Airliner 1 1 8 13 1.625 American Legion Aoeshe Restaurant Atlas World Grill 4 5 1.250 Baldy's Wraps B,P.O. Elks #590 Bob's Your Uncle Bo-James 4 4 15 24 1.600 Brothers Bar & Grill _ 7 .... 3 24 5 0,208 Brown Bottle 1 ' Buffalo Wild Wings Grill & Bar 1 5 0.000 Cage 6 1 0.167 Carlos O'Kelly's China Moon College St Billiard Club 3 9 1 0.111 Colonial Bowling Lanes 3 0.000 Cottage Bakery & Caf~ Dave's-Fox Head-Tavern 2 0.000 Deadwood Tavern 1 6 0.00~ Devotay Diamond Dave's (Old Capitol) I ~ / 0.000 Diamond Dave's (Sycamore) Dublin Underground 1 4 0.000 Duds 'N Suds Eagle's Lodge El Ranchero Et Cetera 1 14 17 1.214 Fieldhouse 1 0.000 First Avenue Club 1 2 0.000 F_itzpat_r!_ck's/B r__ewe ry _ . 1. 5 4 0.800 Gabe's George's Buffet ~ 3 0.000 Givanni's _ ~ 1 0.000 Godfather's Pizza Green Room 1 3 1 0.333 Gringos Mexican Bar & Grill 3 0.000 Grizzly's South Side ~ --- ' 3 ~ - 0.000 Ground Round Restaurant Han~a_han's Pub ...... ! 0.000 Happy Joe's Pizza Highlander Inn Hilltop Lounge , 2 0.000 India Cafb Joe's Place 1 10 0.000 Kitty Hawk 1 2 , 0.000 La Casa Lark Restaurant Linn Street Cafb Malone's Irish Pub 3 4 12 33 2.750 Martinis 3 17 1 0.059 Masala Mclnnerney's 2 6 0,000 Memories 1 1 0.000 Micky~s 3 0.000 Mike's Tap 1 1 0.000 Mill Restaurant 3 I 0.000 Minerva's Bar & Grill Mondo's (Downtown) 1 0.000 Moose Lodge , Morgan's Bar & Grill (Sheraton) ..... 1. ~ ~ 0.000 Motley Cow Cafe Mumm's Saloon & Eatery 3 0.000 Okoboji Grill One-Eyed Jake's 4 One Twenty Six I 0.000 Pagliai's Pizza Palace Pizzeria & Bar 2 1 12 11 0,917 Panchero's (Clinton St) 1 0.000 Panchero's (Riverside Dr) Parthenon -- Pizza Hut Press Box , ~ ~ 5 0.000 Q Bar 1 10 12 1.200 Quinton's Bar & Deli 2 12 0.000 R.T,'s~ 2 ...... 0.0_00 Sam's Pizza Sanctuary Restaurant & Pub Seoul Garden Shakespeare's 2 ' 01000 Sports Column 5 3 16 20 1.250 Studio 13 2 . 6 _ 0.000 Summit Restaurant & Bar 4 5 17 18 1.059 Sushi Po Po Thai Flavors Thai Spice Union Bar 2 2 24 33 1.375 VFW Post #3949 Vine Tavern 2 0.000 Vito's 7 ' 26 ~ 31, 1.192 W~g& P~e~_Pizza Pub ~ Yacht Club 1 - ~ - ' 01000 Yen Ching Restaurant i Zio Johno's Spaghetti House Z'Mari~s Ns N~odle caf~- Totals:J 71 ' 30 353 251 0.711 Other PAULA at non-business locations: 16 33 PAULA Totals: 46 284 Iowa City Police Department P.A.U.L.A. Report--March 2002 (PA ULA = Possession of Alcohol Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit _Busines- s~Name tdsit$ , arre_.s~ts_ visits ~ arrests (year-to-date) Adagio - Airliner I 1 8 10 1.250 Alley_ Cat ~ 4 ~ 1 5 2 0.400 American Legion Aoeshe Restaurant Atla_s World _G._r!ll .... 2 _ 4 0.000 Baldy's Wraps Bob's Your Uncle Bo-James 12 19 18 30 1.667 Brewery Brothers Bar & Grill 16 5 30 ' 5 0.167 Brown Bottle Buffalo Wild Wings Grill & Bar 1 1 0.000 Carlos O'Kelly's College St Billiards Club 7 , 16 ' 0.000 Colonial Bowling Lanes 4 9 0.000 Cottage Bakery & Caf~ Dave's Fox Head Tavern Deadwood Tavern .... 1 4 0.000 Devotay Diamond Dave's (Old Capitol) 1 I 1 0.000 Diamond Dave's (Sycamore) Dublin Underground 2 0.000 _Duds 'N S~uds Eagle's Lodge Elks Country Club El Ranchero 1 2 1 2 2.000 Et Cetera 10 I 17 ~ 3 0.176 Fieldhouse Restaurant & Bar 13 20 24 23 0.958 First Avenue Club __ 3 0.000 Fitzpatrick's Gabe's 1 i ~ 2 0.000 Givanni's ' Godfather's Pizza Green Room _ 1 0.000 Gringos Mexican Bar & Grill Grizzly's South Side 3 0.000 Gr°~undHanrahan'sR°Un--d--Restaurant Happy Joe's Pizza Highlander Hilltop Tavern India Cafb ~o_~'~ ~a~ .... ~ j 3 J o.ooo Kitty Hawk 2 3 0.000 La Casa Linn Street Cafb Lou Henri Malone's 11 21 31 43 1.387 Martinis 16 2 32 9 0.281 Masala Memories 1 0.000 Mi~cky's .............. 2 0.000 Mike's Tap Mill Restaurant 1 0;000 Mondo's (Downtown) Moose Lodge Morgan's Bar & Grill (Sheraton) 22 5 40 7 0.175 MotI~)/Cow_ Ca fb Mumm's Saloon & Eatery 7 18 0.'000 Okoboji Grill One-Eyed Jake's 11 19 _ 20 29 1.45_0 One Twenty Six Outer Limits 1 0.000 Pagliai's Pizza Panchero's (Clinton St) Panchero's (Riverside Dr) Parthenon Pizza Hut Plamor Lanes 1 1 1.000 Press Box 4 7 0.000 Q Bar 5 2 12 7 0.583 Quinton's Bar & Deli 1 1 1 1 1.000 R T Grunts 2 2 3 2 0,667 Sam's Pizza Sanctuary Restaurant & Pub Serendipity La_undry Cafb Shakespeare's 1 0.000 Sports Column 21 39 35 61 1 ;743 Summit Restaurant & Bar 12 13 37. 31 __ 0.838 Sushi Po Po T.G.I. Friday's Thai Flavors Thai Spice Tokyo Ichiban Union Bar 15 24 35 35 1.000 VFVVPost- - /] .... 35 ~ --- 0,833 Vine Tavern 2 Vito's 21 24 4 Wig & Pen Pizza Pub Yen Ching Restaurant Zio Johno's Spa~lhetti House Totals: 226 201 475 336 0.707 Other PAULA at non-business locations: 17 40 PAULA Totals: 218 376 2005 MONTHLY STATS 2005 I JAN FEL~ MAR APR MAY JUN JUL AUG SEP !OCT NOV DEC- Female 23 15 17 150 Oldest --5~ ~ --5~ ............. Youngest 1~ 1~- 1~ ......... 1~2 Number under legal age 16 14 15 51 Breath Test = .2+ 8 6 4 171 Refused 8 5 8 18 Blood 0 1 0 21 Urine 3 6 2 1 Drugged Driving --~ --~ --~ ........... 11 ~ DRE 1 5 1 Average Breath 0.152 0.151 0.148 7 PI 0 1 0i ~ F 0 0 C 1 SECOND OFFENSE OW 11 9 14 8 THIRD & SUBSEQUENT OW 3 1 5 34 OR SUSPENDED 5¢ ALCOHOL UNDER AGE ~ ~ -- -- 151 POSSESS 86 151 77 ' ~ ~ ~ 3 4 1C 38 65 98 92 ' 17 20 38 31 255 iNTERFERENCE /OFFICIAL ACTS "~.~--~- ~ ..... i 89 20 20 25 ~ ............. 65 13 24 15 7 24 5 52 36 2004 MONTHLY' STATS 2O04 Mal~ Youn( NUmber under Breath Test = ,2+ Uri~ Drugged Drivin~ DRE Average SECOND OFFENSE THIRD & SUBSEQUENT S E LE-~C~'' OR SUSPENDED ~LCOH( UNDER 19 ALCOHOL - UN~ ~CE 1 CONDi ERLY HOUSE Totals ~rfth ann beside them reflect end of the year verification. Discrepancies due to charges that were turned ~u after monthly classification totals were completed. 2003 MONTRLY STATS 2003 JAN FEB MAR iAPR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL ::::::::::::::::::::::::::::::::::::::: !:::::~i:i:,~'9. :]:i:i:i:i:]i4:2 :i:i:i:i:]:i:68: ~:'....~iii~ ~i~ii,~ !iiiiiiiiii~) iiiiiiii!i!~6 iii!i]i!ii]iS~ U::.~]~i]SO :::::.~]~62 i!i!i]!ii!i]6~ :]:i::::::::S2 i:i:]:i:]:~ --- ~,',~ Male 43 32 54 22 28 20 37 3S __ 37 45 48 38 443 Female 16 10 14 5 8 1~ ~ 1~ 1~ 17 -- 1~ ~ 14~ Oldest 56 45 57 52 59 61 49i 53 51 59 67 55 6E'~ Youngest 17 18 16 19 19 16 1S 18 17 18 17 18 212 · ------- Number under ~ ~ ~ ~- -~ ~ ~ ~-~ -- -~ · ~.T~:RT,...~ ~ ~,~__ ---- 14 15 16 19 7 140 E~J~C..,.,~.:,~;e:.:.:.:.;.:.:.:.:.;,:.:.;.:..,.........,...,...:,:.:.:.:,:.: :.:.::.:.:.:.:.: ................, ..:.:.:.:.:.:,:.:.:, :.:.:.;.:.:.:.~.:. ..............,.. .... . .. ....,... ~ ~ ~ __ ~ Breath 50 37 57 3 23 24 41 '"4~; .... 4~ .... 5i· '"" '"' ~ ~ ~ Breath Test -- .2+ 5 2 7 0 4 3 3 5 4 10 6 2 51 Refused 9 5 7 7 5 6i 5 8 8 11 10 11 92 Blood 0 0 0 0 : 1 C 0 0 0 0 0 0 1 Urine 0 1 4 17 7 0 0 1 0 0 0 0 30 DRE 0 1i 0 1 C 0 0 0 0 0 0 0 2 Average Breath 0.150, 0.148 0.150 0.140 0.168 0.16.~ 0.195 0.147 0.141 0.15(3 0.143 0.13 0.149 :~:C:D~::S~::::::¥:::::::::::::::::::::::: : ::: :: ::::::::: ::: ::::: :: .................................... .... ' '""' '"'"'" '"'""% '"'"'"'" '" "' Pi 0 1 0 C 1 0 1 1 0 I 4 I 10 F 0 0 0 a o o o c o o oJ o o SECOND OFFENSE OWl 5 6 10 5 7 6 7 S 8 I S 8 81 THIRD & sUBSEQUENT OW 2 1 0 1 2 3 ~. ..... ...... ........... , ........... ~2 0 I 2 2 17 .... ' .... ,;L':'L ~ ....... ....- .......... ~~.......................,..:.:.:.:·:. ~ ~ ~ ~ ....... __ 8 10 ~ 3 4 '~ A ............................. · -' '~ o ~ / 2 R OTHER SELECTED CHARGES ........................ '"-"'" '-'-' .'-'.' '.'.'-'-'.' -'-'.'-'-'.':':-:- :-:~-:.:-:-..:.:- DRIVE WHILE BARRED REVOKED r~ r'---- i OR SUSPENDED 50 34 51 351 37 39 34 39 35 39 44 45 482 POSSESS ALCOHOL UNDER AGE 46 189i 49 74 1----~9 53 127 372 433 301 274 58 210~ IN BAR UNDER 19 ----.-- .__.___~ __ 22 31 56 17~ 8 134 OTHER ALCOHOL VIOLATIONS 5 4 10 11 4 12 53 56 25 7 9 197 PUBLIC INTOXICATION TOTAL 65 82 77 104 90 81 81 157 145 97 94 57 1130 PUBLIC INTOX - UNDER LEGAL AGE ~ -- -- -- ~ .... 41 33 9 83 14 12 15 23 16 34 35 27 25 15 22 14 252 DISORDERLY CONDUCT .............. ~ 17 8 15 24 26 23 13 31 28 22 12 17 236 ~ ~3 15 15 20 28 33 ~ 21 45 30 11 8 244 CITY OF IOWA CITY www.icgov.org CITY COUNCIL December 8, 2004 Ernest W. Lehman Mayor City of Estherville Mayor Lyle Hev.~er~ Ross Wilburn PO BOX 4 Mayor Pro Tem Este~.l~lg13~ Regenia Bailey ,~llll~u Connie Champion Bob Elliott 4ayof Hevern: Mike O'Donnell Dee Vanderhoef As Mayor of a city with a large university, one of our most significant community problems is the abuse of alcohol. Underage drinking, binge drinking, and the related criminal activities that, all to often occur, are issues of a community wide concern. As a Mayor of an Iowa city where a college or university is located, we are anxious to learn of any initiatives to address these issues by other Iowa college communities. 'For example, we plan a : review of our recent initiative, that is prohibiting anyone under the age of 19 after 10:00 p.m. in liquor establishments. We are also suggesting to our area State legislators an increase in State alcohol fines, in that the current schedule of fines does not appear to act as a deterrent. We would appreciate knowing whether your community has tried any local initiatives and whether you view it as a success or failure. Recognizing that each community will view this issue differently, we are hoping we can glean from other college communities throughout Iowa how they have chosen to address the abuse of alcohol notably by young people. Thank you for taking the time. Please feel free to call or drop me a note with any suggestions. Sincerely, Ernest W. Lehman Mayor council~iowa-city.org 410 E. Washington Street Iowa City, IA 52240 mgr/Itrs/alc-initiatives.d oc Phone: (319) 356-5010 Fax: (319) 356-5009 City of Ames City of Grinnell Mayor Ted Tedesco Mayor Gordan Canfield City of Calmar City of Indianola Mayor Joe McCasland Mayor Jerry Kelley City of Cedar Falls City of Lamoni Mayor Jon Crews Mayor Jim Hammer City of Cedar Rapids City of Marshalltown Mayor Paul Pate Mayor Floyd Harthun City of Clinton City of Mason City Mayor LaMetta Wynn Mayor Jean Marinos City of Council Bluffs City of Mount Vernon Mayor Thomas P. Hanasan Mayor Rick Elliott City of Creston City of Orange City Mayor Mike Tamerius Mayor Daryl Beltman City of Davenport City of Oskaloosa Mayor Charles Brooke Mayor Tom Rielly City of Decorah City of Ottumwa Mayor Vic Fye Mayor Dale Uehling City of Pella City of Des Moines Mayor Darrell Dobernecker Mayor Frank Cownie City of Sheldon Mayor Duane Wahlstrom City of Dubuque Mayor Terry Duggan City of Sioux Center Mayor Denny Walstra City of Estherville Mayor Lyle Hevern City of Sioux City Mayor Dave Ferris City of Fairfield Mayor Ed Malloy City of Storm Lake Mayor Jon Kruse City of Fayette Mayor William Dohrmann City of Waterloo Mayor Timothy Hurley City of Forest City Mayor George Wilson City of Waverly Mayor Ike Ackerman City of Fort Dodge Mayor William Patterson City of West Burlington Mayor Hans Trousil City of Davenport Charles W. Brooke, Mayor cwb@ci, davenport, ia. us The Honorable Ernest W: Lehman Mayor of Iowa Cit 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Lehman: The City of Davenport has not enacted any specific initiatives regarding underage drinking. I am taking the liberty of enclosing our City Code, specifically Section 5.10.290 and Section 5.10.300. Please call or e-mail me if you have any questions. Sincerely, Charles W. Brooke, Mayor 226 West Fourth Street · Davenport, Iowa 52801 Telephone: 563-326-7701 Fax: 563-328-6726 TDD: 563-326-6145 www.cityofdavenportiowa.com "...where the Mississippi River Celebrates!" 5.08.190 mayor shall forthwith give the applicant or 5.10.105 Permits and licenses--- licensee, as the case may be, reasonable written Premises within three hundred notice of such action and specify a time feet of schools, etc. reasonably soon thereafter, and in any event not 5.10.110 Permits and licenses-- more than ten days after giving such notice, for a Application for renewal. hearing before the mayor and the public safety 5.10.120 Permits and iicenses-~Proof of committee of the city council at a time and place financial responsibility. named in such notice, at which hearing the 5.10.130 Permits and licenses---Fees. applicant or licensee may show cause and be 5.10.140 Permits and licenses--Addi- heard in behalf of the granting or restoring of such tional fee for Sunday sales. license, whereupon if proper showing be made, 5.10.150 Permits and licenses-- the mayor and the public safety committee shall Grandfather effect. order such license issued or restored as the case 5.10.160 Nature of license or permit. may be. (Prior code § 5-8). 5.10.170 Action by council. .5.10.180 Expirations. 5.08.190 ViolationmPenalty. 5.10.190 Refunds. Anyone violating any of the provisions of this 5.10.200 Transfer of licenses and chapter shall be fined in a sum not to exceed on6 permits. hundred dollars or be imprisoned for a period not 5.10.210 Prohibited sales and acts. to exceed thirty days. (Prior code § 5-10). 5.10.220 Advertisement signs prohib- ited. 5.10.230 Suspension and revocation m Chapter 5.10 Causes. 5.10.240 Revocation and suspension -- BEER AND ALCOHOLIC LIQUORS Hearing. 5.10.250 Revocation and suspension Sections: notice. 5.10.010 Purpose. 5.10.260 Revocation and suspension -- 5.10.020 Definitions. Appeal and hearing. 5.10.030 Liquor control license or wine 5.10.270 Effect of revocation. or beer permitmEligibility. 5.10.275 Civil penalty in lieu of license 5.10.040 Liquor control license or beer revocation. permit--Conditions for 5.10.280 Consumption in public approval, places--Intoxication. 5.10.050 Classification of beer permits. 5.10.285 Restrictions on open 5.10.060 Classification of liquor control containers. licenses. 5,10.290 Persons under legal age. 5.10.070 Reserved. 5.10.300 Regulation of minors in beer 5.10.080 Separate license for each place and liquor establishments. of business. 5.10.310 Violation~Penalties. 5.10.090 Permits and licenses-- ApplicationmBond. 5.10.100 Permits and licenses~ Application--Investigation. 135 (Davenport 8-01) 5.10.010---5.10.020 5.10.010 Purpose. E. "Hotel" or "motel" means a premises The purpose of this chapter is to provide licensed by the state department of inspections administration of licenses and permits and for and appeals and regularly or seasonally kept open local regulations and procedures for the conduct in a bona fide manner for the lodging of transient of the sale and consumption of beer and liquor, for guests, and with twenty or more sleeping rooms. the protection of the safety, morals and general F. "Legal age" means twenty-one years of welfare of this community. (Prior code § 7-1). age or more. 5.10.020 Definitions. G. "Person of good moral character" means any person who meets all of the following require- Where word and phrases used in this chapter merits: are defined by state law, such definitions shall. 1. The person has such financial standing apply to their use in this chapter and are adopted and good reputation as will satisfy the city council by reference. Those definitions so adopted that and the administrator that the person will comply need further definition or are reiterated, and other with the Iowa Alcoholic Beverage Control Act words and phrases used in this chapter, shall have and all other laws, ordinances and regulations the following meanings: applicable. A. "Commercial establishment" means a 2. The person does not possess a federal place of business which is at all times equipped gambling stamp. with sufficient tables and seats to accommodate 3. The person is not prohibited by the twenty-five persons at one time, and the licensed provisions of this chapter from obtaining a liquor premises of which conform to the ordinances of license or a wine or beer permit. this city. 4. The person is a citizen of the United B. "Club" means any nonprofit corporation States and resident of the state or licensed to do or association of individuals, which is the owner, business in the state in the case of a corporation. lessee or occupant of a permanent building or part Notwithstanding paragraph 6, in the case of a thereof, membership in which entails the partnership, only one partner need be aresident of prepayment of regular dues and is not operated for this state. a profit other than such profits as would acCrUe to 5. The person has not been convicted of a the entire membership, felony. However, if the felony conviction C. "Public or private elementary or secon- occurred more than five years before the dary school" means those schools approved or application for a license or permit, and if the accredited under the standards of the state person's rights of citizenship have been restored department of education. by the Governor, the administrator may determine D. "Grocery store" means any retail that the person is of good moral character notwith_ establishment, the principal business of which standing such conviction. consists of the sale of food or food products for 6. If such person is a corporation, panner- consumption off the premises. The volume of ship, association, club or. hotel or motel the sales of all other items, commodities and materials requirements of this subsection shall apply to each shall be included with the volume of sales of beer, of the officers, directors, and panners of such and sales of beer shall not equal or exceed fifty person, and to any person who directly or percent of the dollar volume of all sales made by indirectly owns or controls ten percent or more of the establish ment to meet the test that food sales any class of stock of such person or has an interest must be principal business thereof, of ten percent or more in the ownership or profits of such person. For the purpose of this provision, 136 ( Davenport 8 -01 ) 5.10.030--5.10.060 an individual and his spouse shall be regarded as less permission is granted by the administrator in one person, the form of a living quarters permit. H. "Pharmacy" means a drugstore in which C. The premises for which a class B beer drugs and medicines are exposed for sale and sold permit is sought must be located within a business at retail, or in which prescriptions of licensed district or an area now or hereafter zoned as a physicians and surgeons, dentists or veterinarians business district and conform to the zoning are compounded and sold by a registered pharma- requirements of this city. cist. (Ord. 2000-304 8 3: Ord. 98-127 § I: Ord. D. The premises of a class B beer permit 89-186 88 1, 2: Ord. 85-647 § l:'Ord. 79-1203 shall, at the time of the application, continue to be § 2: Ord. 79-1049 § 1: prior code § 7-2). equipped with sufficient tables and seats to accommodate twenty-five persons at one time. 5.10.030 Liquor control license or wine or E. Any premises for which a liquor control beer permit--Eligibility, license or a wine or beer permit is sought or has Upon meeting the requirements imposed by been issued shall have visual access which shall state law and the ordinances of this city, a pearson provide at all times a clear and unobstructed view who is twenty-one years of age or more, of good into the premises from the entryway thereof or moral character as defined by state law and this from the adjacent sidewalk or other public area. chapter, may apply for a liquor control license or a Each room with an exterior wall and in which wine or beer permit. In the case of a club, corpora- alcoholic beverages are served for consumption tion, or partnership, the officers of the club or cor- on the premises shall be provided with such visual poration and the partners of a pannership shall be access. (Ord. 2000-304 § 2: Ord. 89-186 8 4: Ord. persons twenty-one years of age or more, of good 79-943: prior code § 74). moral character as defined by state law and this chapter. (Ord. 89-186 8 3: prior code § 7-3). 5.10.050 Classification of beer permits. Beer permits shall be classed as follows: 5.10.040 Liquor control license or wine or A. Class B. A class B beer permit shall allow beer permit--Conditions for the holder to sell beer at retail for consumption or approval, off the premises. An applicant for a liquor control license or a B. Class C. A class C beer permit shall allow wine or beer permit, as a further condition for ap- the holder to sell beer at retail for consumption off proval by the city council, must give consent in the premises only. Such sales shall be in original writing on the application, that members of the containers only. No class C permit shall be issued fire, police, and health departments and the to any person except the owner or proprietor of a building inspector may enter upon the premises grocery store or pharmacy. (Prior code 8 7-5). without warrant during business hours at the licensee or permittee to inspect for violation of the 5.10.060 Classification of liquor control provision of state law and of this chapter. Specific licenses. conditions for approval are as follows: Liquor control licenses shall be classified as A. No liquor control license or wine or beer follows: permit shall be approved for premises which do A. Class "A". A class "A" liquor control not conform to all applicable laws, ordinances, license may be issued to a club and shall authorize resolutions, and health and fire regulations, the holder to purchase alcoholic liquors from class B. No licensee shall have or maintain any in- "E" liquor licensees only, wine from class "A" terior access to residential or sleeping quarters un- wine permittees only, and native wines from 137 (Davenport 8-01) 5.10.070--5.10.090 native wine manufacturers, and to sell liquors, passengers for consumption only on trains, wine, and beer, to bona fide members and their watercraft as described in this section, or aircraft, guests by the individual drink for consumption on respectively. Each license is valid throughout the the premises only. state. Only one license is required for all trains, B. Class "B". A class "B" liquor control watercraft, or aircraft operated in the state by the license may be issued to a hotel Or motel and shall licensee. authorize the holder to purchase alcoholic liquors E. Class "E". A class "E" liquor control from class "E" liquor control licensees only, wine license may be issued and shall authorize the from class "A" wine permittees only, and native holder to purchase alcoholic liquor from the wines from native wine manufacturers, and to sell division only and to sell the alcoholic liquor to liquors, wine, and beer, to patrons by the individ- patrons for consumption off the licensed premises ual drink for consumption on the premises only. and to other liquor control licensees. A class "E" However, beer may also be sold for consumption license shall not be issued to premises at which off the premises. Each license shall be effective gasoline is sold. A holder of a class "E" liquor throughout the premises described in the control license may hold other liquor control application, licenses or wine or beer permits, but the premises C. Class "C". A class "C" liquor control licensed under a class "E" liquor control license license may be issued to a commercial shall be separate from other licensed premises. establishment but must be issued in the name of However, the holder of a class "E" liquor control the individuals who actually own the entire license may also hold a class 'B" wine or class business and shall authorize the holder to "C" beer permit or both for the premises licensed purchase alcoholic liquors from class "E" liquor under a class "E" liquor control license.' (Ord. 89- control licensees only, wine from class "A" wine 186 § 5: prior code § 7-7). permittees only, and native wines from native wine manufacturers, and to sell liquors, wine, and 5.10.070 Reserved. beer, to patrons by the individual drink for (Repealed by Orr. No. 89-186 § 6). consumption on the promises only. However, beer may be sold for consumption off the premises. 5.10.080 Separate license for each place of A special class "C" liquor control license may business. be issued and shall authorize the holder to Every person holding a class B or class C purchase wine from class "A" wine permittees permit having more than one place of business only, and to sell wine and beer to patrons by the where such beer is sold shall be required to have a individual drink for consumption on the premises separate license for each separate place of only. However, beer may also be sold for business, except as otherwise prohibited by state consumption off the premises. The license issued law. (Prior code § 7-8). to holders of a special class "C" license shall clearly state on its face that the license is limited. 5.10.090 Permits and licenses-- D. Class "D". A class "D" liquor control Application--Bond. license may be issued to a railway corporation, to A verified application for the original issuance an air common carrier, and to passenger-carrying or the renewal of a liquor control license or a wine boats or ships for hire with a capacity of twenty- or beer permit shall be filed at such time, in such five persons or more operating in inland or bound- number of copies, and in such form as the ary waters, and shall authorize the holder to sell or administrator shall prescribe, on forms prescribed furnish alcoholic beverages, wine, and beer to by the administrator. The application shall be 138 (Davenport g-OD 5.10. I00~5.10.105 accompanied by the necessary fee and a bond, if the three hundred foot limit since the issuance of required, and be filed with the city council for the original license. approval or disapproval. The bond, if requ!red, "Hotel" as used in this section means a shall be submitted in a form prescribed by the premises licensed by the state department of administrator and in an amount to be determined inspections and regularly kept open for the by state law. (Ord. 89-186 § 7: prior code § 7-8). lodging of transient guests but does not include a facility licensed as a bed and breakfast. 5.10.100 Permits and licenses--- "Restaurant" means any retail establishment, the Application--Investigation. principal business of which consists of the 'sale of Upon receipt or an original application for a food products for consumption on the premises. liquor license or beer permit by the city clerk, it The volume of food sales shall not be less than shall be forwarded to the chief of police who shall sixty-six and two thirds percent of the dollar conduct an investigation and shall submit a volume of sales made by the establishment. It written report on the applicant as to the troth of shall be presumed that the sale of alcoholic facts averred in the application and a beverages and beer by the holder of a liquor recommendation to the city council as to the control license or Class B beer permit constitutes approval of the license or permit. It shall be the more than thirty-three and one-third percent of duty of the health inspector, the building dollar volume of all sales. This presumption may inspector, and the fire chief to inspect the be overcome by the owner or operator furnishing premises to determine if they conform to the a verified statement of total dollar volume of all requirements of the city, and no license or permit sales and total dollar volume of sales of alcoholic shall be approved until or unless an approving beverages and beer for the six months report has been filed with the city council by such immediately preceding the application or renewal, offers. (Prior code § 7-10). or owners or operators may overcome the presumption by furnishing to the city clerk weekly 5.10.105 Permits and licens~ Premises verified statements of total dollar volume of food within three hundred feet of sales and total dollar volume of alcoholic schools, etc. beverages and beer sales for four consecutive A. No application for a Class A, Class B or weeks, and monthly statements thereafter until at Class C liquor control license or a Class B beer least six consecutive months' experience has been permit shall be approved if the premises covered obtained. Total dollars sales verification must be by such license or permit are located within three submitted to the city clerk for the period of six hundred feet, including any public right of way, of consecutive months immediately preceding an a licensed day care center or public or private applicant's application for license or permit elementary or secondary school, renewal in order to qualify as a restaurant. B. The proscription contained in the previous C. A premises licensed for off site section shall not apply to hotels offering consumption only shall not be subject to the restaurant service, regularly organized clubs or limitations contained in subsection A,1 of this restaurants where the sale of alcoholic beverages section. is not the principal business carried on; nor to the D. The distance shall be measured by a renewal of a license or permit for the sale and straight line between the closest point of the consumption on premises located within three premises to be licensed and the nearest property hundred feet of a licensed day care or school line of the parcel or parcels of real estate owned where the premises has been established within 139 (Davenport 8-01) 5.10.110 5.10.150 by a licensed day care or public or private matter advertising liquor, wine or beer is visible elementary or secondary school, from the day care or school. E. An application for an outdoor service area (Ord. 2000-304 § 5: Ord. 89-186 § 8: prior code that is located within three hundred feet of a § 7-12). licensed day care center or public or private elementary or secondary school shall not be 5.10.130 Permits and licenses--Fees. granted unless the outdoor service area is enclosed The necessary fees to obtain a liquor control within a visual barrier, screening or fencing, license or a wine or beer permit shall be paid which shall be at least six feet in height on all annually in the manner prescribed by the sides of the service area that are directly visible administrator. The amount of the license or permit from the day care center or school and of a shall be determined by the applicable state law. sufficient construction to prevent the viewing of (Ord. 89-186 § 9: prior code § 7-13). the activities within the outdoor service area from the day care or school. 5.10.140 Permits and licenses--Additional (Ord. 2000-304 § 1, 4: Ord. 91-256 § 1: Ord. fee for sunday sales. 85-647 § 2: Ord. 81-886 § 1). Any club, hotel, motel or commercial establishment holding a liquor control license, 5.10.110 Permits and llcenses-- subject to Section 5.10.210B, may apply for and Application for renewal, receive permission to sell and dispense alcoholic Upon receipt of an application for the renewal liquor and wine to patrons on Sunday for of a liquor license or beer permit, it shall be consumption on the premises only, and beer for forwarded to the chief of police only, who consumption on or off the premises between the shall conduct an investigation and shall sub hours of 10:00 a.m. and twelve midnight on mit a written report on the applicant as to the troth Sunday. For the privilege of selling beer, wine, of the facts answered in the application and a and alcoholic liquor on the premises on Sunday recommendation to the city council as to the the liquor control license fee of the applicant shall approval of the license permit. (Prior code be increased by twenty percent of the regular § 7-11). fee prescribed for the license pursuant to this section, and the privilege shall be noted on the 5.10.120 Permits and iicenses--Proofof liquor control license. (Ord. 89-186 § 10: prior financial responsibility, code § 7-14). A. No signs or other matter advertising any brand of alcoholic liquor, wine or beer shall be 5.10.150 Permits and licenses-- erected or placed upon the outside of any promises Grandfather effect. occupied by a licensee or permittee authorized to The city council at any time after passage and sell liquor, wine or beer at retail, publication of the ordinance codified in this B. No signs or other matter advertising any chapter may repeal the authorization to sell on brand of alcoholic liquor, wine or beer shall be Sunday. Any license or permit for which the erected, placed or posted upon the inside of any increased fee for Sunday sales has been paid and premises occupied by a licensee or permittee which is in effect at the time of such repeals shall authorized to sell liquor, wine or beer that is remain effective until its date of expiration, unless located within three hundred feet of any licensed sooner suspended or revoked. (Prior code § 7-15). day care center or public or private elementary or secondary school such that the sign or other 140 (Davenport 8-01 ) 5.10.160---5.10.190 5.10.160 Nature of license or permit, permittee for the benefit of his creditors, may voluntarily surrender such license or permit to the A liquor control license or a wine or beer division and when so surrendered the division permit shall be a purely personal privilege and be shall notify the city, and the division and the city, revocable for cause. It shall not constitute or the city by itself, in the case of a retail beer property nor be subject to attachment and permit, shall refund to the person .surrendering the execution nor be alienable nor assignable, and in license or permit a proportionate amount of the any case it shall cease upon the death of the fee paid for such license or permit as follows: permittee or licensee. However, the'administrator 1. If surrendered during the first three may in the administrator's discretion allow the months of the period for which said license or executor or administrator or a permittee or permit was issued, the refund shall be three- licensee to operate the business of the decedent fourths of the amount of the fee; for a reasonable time not to exceed the expiration 2. If surrendered more than three months but date of the permit or license.. Every permit or not more than six months after issuance, the license shall be issued in the name of the refund shall be one-half of the amount of the fee; applicant, and no person holding a permit or 3. If surrendered more than six months but license shall allow any other person to use same. not more than nine months after issuance the (Ord. 89-186 § 11: prior code § 7-16). refund shall be one-fourth of the amount of the fee; 5.10.170 Action by council. 4. No refund shall be made, however, for a Action taken by the city council shall be so liquor control license or wine or beer permit endorsed on the application and thereafter the surrendered more than nine months after issuance; application, fee and bond, if required, shall be 5. No refund shall be made for seasonal or forwarded to the division for such further action fourteen day licenses or permits. as is provided by law. (Ord; 89-186 § 12: prior B. No refund shall be made to any licensee code § 7-17). or permittee, upon the surrender of his license or permit, if there is at the time of said surrender a 5.10.180 Expirations. complaint filed with the division or the city All liquor control licenses and wine or beer charging him with a violation of this chapter or permits, unless sooner suspended or revoked, provisions of the state alcoholic beverages control shall expire one year from date of issuance. Six- act. month or eight-month seasonal licenses or beer If upon hearing on any such complaint the permits may be issued for a proportionate part of license or permit is not revoked or suspended, the license or permit fee. No seasonal license or then the licensee or permittee shall be eligible, permit shall be renewed except after a period of two months. Seasonal licensing shall be only as permitted by state regulation. (Ord. 89-186 § 13: prior code § 7-18)~ 5.10.190 Refunds. A. Any such licensee or permittee, or his executor, administrator, or any person duly appointed by the Court to take charge of and administer the property or assets of the licensee or 140-1 (Davenport 8-01) 5.10.200--5.10.220 upon surrender of the license or permit, to receive a tion on the basis of sex, race, religion, or national refund as provided in this section. But if the license origin. However, the privilege may be granted to a or permit is revoked or suspended upon such club or organization which places restrictions on hearing the licensee or permittee shall not be eligi- membership on the basis oP sex, if the club or or- ble for the refund of any portion of license or per- ganization has an auxiliary organization open to mit fee. (Ord. 89-186 § 14: prior code § 7-19). persons of the other sex; C. Sell alcoholic liqu.or, wine or beer to any 5.10.200 Transfer of licenses and per. person on credit, except with a bona fide credit mits. card. This provision shall not apply to the sales by The council will, in its discretion, authorize a Ii- a club to its members nor to sales by a hotel or censee or permittee to transfer the license or permit motel to bona fide registered guests; from one location to another within the city; pro- D. Employ any person under eighteen years vide& that the premises to which the transfer is to of age in the sale or serving of alcoholic liquor or be made would have been eligible for a license or beer for consumption on the premises where sold; permit in the first instance and such transfer will E. Reserved. not result in the violation of any law or ordinance. F. In the case of a retail beer or wine permit- {Prior code § 7-20). tee, knowingly allow the mixing or adding of alco- hol or any alcoholic beverage to beer, wine or any 5.10.210 Prohibited sales and acts. other beverage in or about the permittee's place of A person or club holding a liquor license or re- business; tail value wine or beer permit or the person's or G. Keep, or allow to be kept, gambling de- club's agents or employees shall not do any of the vices of any kind or description on the premises or following: knowingly permit solicitation for immoral pur- A. Sell, dispense, or give to any intoxicated poses, or immoral disorderly conduct on the person, or one simulating intoxication, any alco- premises covered by the license or permit, except holic liquor or beer; games of chance permitted by state law; B. Sell or dispense any alcoholic liquor, wine H. Reuse for packaging alcoholic liquor or or beer on the premises covered by the license or wine any container or receptacle used originally for permit, or permit the consumption thereof between packaging alcoholic liquor or wine; or adulterate, the hours of 2:00 a.m. and 6:00 a.m. on any week- by the addition of any substance, the contents or day, and between the hours of 2:00 a.m. on Sun- remaining contents of an original package of an al- day and 6:00 a.m. on the following Monday, ex- coholic liquor or wine; or knowingly possess any cept as provided in the following paragraphs, original package which has been so reused or 1. However, a holder of a liquor control li- adulterated; cense, wine or beer permit granted the privilege of I. Knowingly permit or engage in any crimi- selling alcoholic liquor, wine or beor on Sunday nal activity on the premises covered by the license may sell or dispense such liquor, wine or beer be- or permit. (Ord. 98-1 I0 § 1: Ord. 89-186 § 15: tween the hours of 10:00 a.m. and midnight on Ord. No. 1049 § 2: prior code § 7-21). Sunday. 2. No privilege of selling alcoholic liquor, 5.10.220 Advertisement signs prohib- wine or beer on Sunday, as provided in Sections ired. 5.10.140 and 5.10.200, shall be granted to a club No signs or other matter advertising any brand or other organization which places restrictions on of alcoholic liquor, wine or beer shall be erected or admission or membership in the club or organiza- placed upon the outside of any premises occupied 141 (Davenport 9-98) 5.10.230--5.10.260 by a licensee or permittee authorized to sell liquor, ly retained. At such hearing, the city shall be repre- wine or beer at retail. (Ord. 89-186 § 16: prior code sented by counsel from the legal department who § 7-22). shall present the evidence for the city. The licensee and the city may present witnesses and other rele- 5.10.230 Suspension and revocation vant testimony and shall have the right to cross ex- causes, amine opposing witnesses, to challenge all nonwit- A liquor license or a wine or beer permit may be ness testimony, and to make appropriate final ar- suspended for a period up to one year, or revoked, guments. The hearing may be adjourned for cause for violations of law including City Ordinances, for not more than seven days. Decisions shall be in following notice in writing and hearing, and shall writing and shall be rendered not less than seven be revoked in accordance with the provisions of days after final submission. If at the hearing the state law for any of the following causes: facts establish one or more of the causes set out in A. Misrepresentation of any material fact in Section 5.10.230, then the mayor and public safety the application for such license or permit; committee, as hereinabove provided, shall suspend B. Violation of any of the provisions of the the permittee's license for such period of time as state alcoholic beverage control act; provided in Section 5.10.310C. (Ord. 89-186 § 18: C. Any change in the ownership or interest in Ord. 79-1203 § 3: prior code § 7-24). the business operated under a class A, class B, or class C liquor control license, or any wine or beer 5.10.250 Revocation and suspension permit, which change was not previously reported notice. to and approved by the city and the division; The permittee or licensee shall be served with a D. An event which would have resulted in notice of time and place of hearing on suspension disqualification from receiving such license or of wine or beer permit and liquor license in the permit when originally issued; manner of serving original notices under the Iowa E. Any sale, hypothecation, or transfer of Rules of Civil Procedure, as amended. Publication Such license or permit; of such notice shall not be permitted. (Ord. 89-186 F. The failure or refusal on the part of any li- § 19: prior code § 7-25). censee or permittee to render any report or remit any taxes to the division under the state act. (Ord. 5.10.260 Revocation and suspension-- 89-186 § 17: prior code § 7-23). Appeal and hearing. The right of appeal to the hearing board shall be 5.10.240 Revocation and suspension-- afforded a liquor control licensee or a wine or beer Hearing. permittee whose license or permit has been sus- Hearing on suspension of wine or beer permits pended or revoked. Any applicant who feels ag- and liquor licenses shall be before the mayor and grieved by a decision of the administrator or city the public safety committee of the city council. The disapproving, suspending, or revoking issuance of hearing shall be held at the city hall and shall be a liquor control license or a wine or beer permit presided over by the mayor or mayor pro tem. At may, provided the licensee or permittee has exer- such hearing a quorum consisting of the mayor or cised the right of appeal to the hearing board as mayor pro rem and a majority of the membership of provided by a state law, appeal from said decision said committee, shall be present. The licensee may within ten days to the district court of the county be, but is not required to be present. The licensee wherein the premises covered by the application are or permittee may be represented by an attorney of situated. The city may appeal a decision of the the licensee or permittee's choice, which is private- hearing board within ten days to the district court of 142 (Davenport 9-98) 5.10.270~5.10.280 the county wherein the premises covered by the license, unless otherwise provided by this section; application are situated. (Ord. 89-186 § 20: prior and no person shall be intoxicated or simulate code § 7-26). intoxication in any public place. B. It is unlawful for any person to consume 5.10.270 Effect of revocation, or otherwise possess alcoholic liquors, wine or Any liquor control licensee or wine or beer beer within any park as defined in Section permittee whose license or permit is revoked 12.72.020C, unless otherwise provided by this under the state alcoholic beverage control act shall section. Any person violating this subsection may not thereafter be permitted to hold a liquor control be ejected from the park area by a park and recre- license or a wine or beer permit in the state for a ation officer or by any police officer, and may be period of two years from the date of such proceeded against under subsection F of this sec- revocation. The spouse and business associates tion. holding ten percent or more of the capital stock or C. Beer may be possessed and consumed ownership interest in the business of a person within a park area by any person or group which whose license or permit has been revoked shall has been issued a valid beer consumption permit not be issued a liquor control license or a wine or for that area by the director of parks and beer permit, and no liquor control license or wine recreation. Said permit shall state the person or or beer permit shall be issued which covers any group to whom issued, the park area to which it business in which such person has a financial applies, and the date and hours during which it is interest for a period of two years from the date of effective. such revocation. In the event a license or permit is D. The director of parks and recreation may revoked the premises which had been covered by issue a beer consumption permit when the such license or permit shall not be relicensed for applicant for said permit has: one year. (Ord. 89-186 § 21: prior code § 7-27). 1. Identified the park area to be used, the use to which the area will be put, the times at which 5.10.275 Civil penalty in lieu of license the area will be used, and the person or group to revocation, whom the permit is to be issued; and A liquor control license or a wine or beer per- 2. Deposited with the park and recreation mit, may be suspended pursuant to Section department a sum of not less than fifty dollars nor 5.10.310C if the licensee or permittee is convicted more than two hundred fifty dollars, contingent of a first offense the city council shall impose a upon the size of the group, to cover any expenses civil penalty in the amount of three hundred incurred by the department for cleanup of the park dollars in lieu of suspension of the license or area after the applicant's use thereof. Any amount permit. The civil penalty shall be retained by the not needed to cover cleanup expenses shall be re- city. The licensee or permittee may appeal the funded to the applicant within three days after the imposition of the penalty to the administrator of applicant's use of the park. the division. (Ord. 89-186 § 22). E. Notwithstanding the provisions of subsec- tions A through D above, the director of parks and 5.10.280 Consumption inpublicplaces-- recreation shall provide by rule for the Intoxication. consumption of beer upon the public golf courses, A. It is unlawful for any person to use or and shall have the authority to provide consume alcoholic liquors, wine or beer upon the public streets or highways, or in any public place except premises covered by a liquor control 143 (Davenport 5-00) 5.10.285--5.10.300 by rule for the sale of beer. upon the public golf A. A person or persons under legal age shall courses, not purchase or attempt to purchase, or F. Any person violating any provisions of individually or jointly have in their possession or this section may be fined not to exceed one control alcoholic liquor, wine or beer. For hundred dollars or sentenced not to exceed thirty purposes of this section, joint possession or days imprisonment. (Ord. 89-186 § 23: Ord. 78- control of alcoholic liquor, wine or beer is defined 612: prior code § 7-28). as any alcoholic liquor, wine or beer that is available to a person without the person having to 5.10.285 Restrictions on open containers, move from their position. A driver of a motor vehicle or a passenger in a B. Subsection ^ shall not prohibit the giving motor vehicle operated upon a public street or or dispensing of liquor, wine or beer to a person highway shall not possess in the passenger area of under legal age within a private home and with the motor vehicle an open or unsealed bottle, can, the knowledge, presence of, and consent of the jar, or other receptacle containing an alcoholic parent or guardian. beverage. "Passenger area" means the area C. Subsection A shall not prohibit a person designed to seat the driver and passengers while under the legal age from handling alcoholic the motor vehicle is in operation and any area of beverages, wine, and beer during the regular the motor vehicle that is readily accessible to the course of the person's employment by a liquor driver or a passenger while in their seating control licensee, or wine or beer permittee under positions, including but not limited to the glove state law. (Ord. 2000-04 § 2: Ord. 98-110 § 2: compartment. Ord. 89-186 § 25: prior code § 7-29) An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle provided it is not 5.10.300 Regulation of minors in beer and readily accessible to the driver or a passenger, liquor establishments. "Readily accessible" means available to the driver A. It is unlawful for any person under legal or a passenger without the driver or passenger age to enter, remain in or frequent an having to move from their seated position. An establishment holding a liquor license or class B unsealed receptacle containing an alcoholic beer permit in which the sale of alcoholic liquor beverage may be transported behind the last or beer constitutes more than fifty percent of the upright seat of a motor vehicle if the motor gross receipts from the licensed premises, unless vehicle does not have a trunk provided it is not accompanied by a parent or legal guardian of such readily accessible to the driver or a passenger, person. Any person, firm or corporation claiming This section shall not be interpreted to prohibit a that the sale of alcoholic liquor or beer constitutes passenger being transported in a motor vehicle fifty percent or less of the gross receipts from that is licensed and used as vehicle for hire, or a such establishment shall be required to prove the passenger being transported in the living quarters same for purposes of enforcement of this section. of a motor home from possessing an open or Although an establishment qualifies under the unsealed receptacle in the passenger area of the above fifty percent rule, no person under the legal vehicle for hire or the living area of the motor age shall remain on the premises thirty minutes home. (Ord. 2000-04 § l: Ord. 89-186 § 24). after the kitchen facilities have closed. 5.10.290 Persons under legal age. 144 (Davenport 5-00) 5.10.300 B. It is unlawful for any person operating an establishment holding a liquor license or a class B beer permit to allow any person under legal age to remain in the establishment in violation of subsec- tion A of this section. C. The provisions of this section shall not apply to any person under legal age who: 1. Is a regular employee performing regular duties during the course of employment; provided, however, such person shall not be allowed to sell or serve alcoholic liquor or beer for consumption on the premises where sold; 2. Enters and remains in for a period not to exceed ten minutes an establishment holding a liquor license or class B beer permit for the sole purpose of purchasing beverages other than alco- holic liquor or beer, or purchasing food stuffs, neither of which shall be consumed on the prem- ises; provided, that no person shall be exempt under the provisions of this subsection who con- (Davenport 5-00) 5.10.310 sumes any such beverage or food stuffs on the be operational during business hours shall be premises or remains therein longer than for a period deemed a violation of this subsection by the person of ten minutes, employed by the licensee or permittee and the li- 3. Enters and/or remains in an establishment censee or permittee. The public safety committee holding a liquor license or class B beer permit on a may suspend or revoke a letter of exemption for night that has been established by the business two or more violations of this subsection. Any ap- owner or manager as a night reserved for persons peals of actions taken by the public safety commit- under the legal age, provided that the business tee pursuant to this subsection shall be made within owner or manager has notified the city clerk and seven days of the action to the city council. police department in writing that said night or 5. Any person, licensee or permittee who vio- nights are reserved for customers age twenty and lates this section commits a simple misdemeanor under, and provided that no beer, wine, or liquor punishable by a scheduled fine of one hundred will be served or sold by the licensee or permittee dollars. (Ord. 98-127 §§ 2-5: (Ord. 95-438 § 1: on said "reserved night or nights." Written notifica- Ord. 79-1049 § 3: Ord. 75-319 § 1: prior code § 7- tion shall be provided to the city at least two weeks 29.01 ). prior to the establishment of a reserved night. For purposes of this subsection, the "reserved night" 5.10,310 Violations--Penalties. shall be deemed to begin at 2:01 a.m. on the day so A. Any person who violates any of the provi- reserved and shall end at 2:00 a.m. the next day. sions of this chapter shall be subject to a fine of not 4. Is in a licensed premises where the licensee to exceed one hundred dollars or to imprisonment has received a letter of exemption based on a writ- for not more than thirty days. ten plan to prevent nineteen and twenty year olds B. The conviction of any liquor control Ii- from obtaining alcoholic beverages from licensed censee or wine or beer permittee for a violation of premises or patrons thereof. A letter of exemption any of the provisions of subsections A to I inclu- does not permit persons under the age of nineteen sive, of Section 5.10.210 shall, subject to subsec- to enter, remain or frequent an establishment. A let- tion C of this section, be grounds for the suspen- ter of exemption may be obtained by submitting a sion or revocation of the license or permit by the written plan to detail specific measures to be em- division or the city. However, if any liquor control ployed by the licensed premises to prevent nineteen licensee is convicted of any violation of Section and twenty year olds from obtaining alcoholic bev- 5.10.210B, 1, G or H or any wine or beer permit- erages from licensed premises or patrons thereof, tee is convicted of a violation of Section 5.10.210G The plan should be submitted to the public safety or H, the liquor control license or wine or beer committee for approval. The plan may include a permit shall be revoked and shall immediately be system by which persons under the age of twenty- surrendered by the holder, and any bond of the Ii- one are readily distinguishable from persons who cense or permit holder shall be forfeited to the de- are not (e.g. wrist bands) and shall include safe- partment of beer and liquor control. guards to minimize subversion of the system. The C. If any licensee, wine permittee, beer per- public safety committee shall determine by clear mittee, or employee of such licensee or permittee and convincing evidence that the plan will effec- shall be convicted of a violation of Section tively prevent persons under the legal age from ob- 5.10.210E, or a retail wine or beer permittee shall raining alcohol. Once a letter of exemption is be convicted of a violation of Section 5.10.210F, granted, it shall be required of the licensee and all the city shall, in addition to the other penalties fixed agents and employees thereof, to insure the system for such violations by this section, assess a penalty is operational at all times. Failure of the system to as follows: 145 (Davenport 9-98) 5.12.010 I. Upon a first conviction, the violator's B. The license may be obtained upon the liquor control license or beer permit shall be sus- payment of the sum of fifty dollars. pended for a period of fourteen days. However, if C. Reserved. the conviction is for a violation of Section D. A "loan broker" within the meaning of this 5.10.210E the violator's liquor control license or chapter is a person who loans or advances money, wine or beer permit shall not be suspended, but the whether secured by chattel mortgage or by condi- violator shall be assessed a civil penalty in the tional sale or pledge or chattel or not, for any. amount of three hundred dollars by the city. Fait- commission, charge, bonus, premium or compen- ure to pay the civil penalty as ordered by Section sation in excess of eight percent per year interest to 5.10.275 or this subsection shall result in an auto- be paid on the amount of money loaned to and ac- matic suspension of the license or permit for ape- tually received and retained by the borrower for the dod of fourteen days. length of time for which the interest is charged. 2. Upon a second conviction within a period (New: Ord. 82-158 § 11: prior code § 2-43). of two years, the violator's liquor control license or beer permit shall be suspended for a period of thirty days. Chapter 5.14 3. Upon a third conviction within a period of five years, the violator's liquor control license or CLOSING OUT SALES beer permit shall be suspended for a period of sixty days. Sections: 4. Upon a fourth conviction within a period 5.14.010 Definitions--License re- of five years, the violator's liquor control license or quired. beer permit shall be revoked. (Ord. 89-186 § 26: 5.14.020 License--Application--Al- prior code § 7-30). fidavit and inventory re- quired. 5.14.030 License--Issuance require. Chapter 5.12 ments. 5.14.040 Transient merchant license BROKERS --Fee. 5.14.050 LicensestNontransferable Sections: tRevocation~Notice and 5.12.010 License~Required~Fee. hearing--Effect. 5.14.060 Sale of jewelry, furs pro- 5.12.010 License~RequiredtFee. hibited during certain A. No person, firm or corporation shall, hours. within the limits of the city, carry on, or be en- 5.14.070 Tag or label to be attached gaged in the business as a broker, loan broker, or to article sold. buy or sell for others on commission, whether the 5.14.080 Sales report to be filed with same is situated within the city or not, or buy or city clerk. sell on commission any merchandise, promissory 5.14.090 Misrepresentation in adver. note, bill of exchange, stocks, bonds or other tising matter--Violation. property, or evidence of indebtedness, without first 5.14.100 Exceptions to chapter. having procured a license. 146 (Davenport 9-98) 5.14.010 5.14.010 Definitions--License required. For the purposes of this chapter, the words and phrases set out in this section shall have the follow- ing meanings: A. "Closing out sale" means any sale of new and/or unused goods or merchandise by a seller who has maintained an established place of busi- ness within the city, in the sale of like goods to those sold at such sale for a continuous period of one year or more directly preceding the opening date of such sale; provided, that the goods or mer- chandise sold must be owned outfight by the seller, must be regularly and in the normal course of the seller's business on hand and not bought for the purpose of sale at such closing out sale and, in the case of a seller who conducts a place or places of business as well outside of as within the city, must be the normal stock-in-trade only of the place or places of business maintained during said period of one year or more by such seller within the city. This definition shall include stock reduction sales, liquidation sales, fire sales, bankrupt stock sales, - dollar stores and/or any other sales of any new or unused goods or merchandise, however called or designated. B. "Transient merchant" means any person, firm or corporation not hereinafter expressly ex- empted from the operation of this chapter, holding, or causing to be held, within the city, any sale of new or unused goods or merchandise which does not come within the definition ora closing out sale set forth in subsection A of this section. C. No person, firm or corporation shall conduct a closing out sale, as defined in this 146-1 (Davenport 9-98) Mayor T. M. Franklin Cownie February 14, 2005 The Honorable Ernest Leben. an City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Lehman: Chief Bill McCarthy, Des Moines Police Department, has provided the following information in answer to your request for what Des Moines is doing to try and control the problem of underage drinking. ALL-AMERICA CITY 1949, 1976, 1981 2003 Chief McCarthy can be contacted at (515) 283-4800 and will be able to answer any questions you may have regarding his report. Please feel free to call Chief McCarthy or me if you have further questions. Sincerely,. T. M. Franklin Cownie, Mayor ,,~y of Des Moines TMFC/IId City Hall 400 Robert D Ray Drive Des Moines, IA 50309-1891 Telephone: (515) 283-4944 Fax: (515) 237-1806 www dmqov org. CITY OF DES MOINES, IOWA Office of CHIEF OF POLICE Frank Cownie January 21, 2005 TO Mayor DATE fROM Bill McCarthy SUBJECT: Alcohol Enforcement/ Chief of Police Underage Drinking The City of Des Moines has approximately 388 businesses in the city with alcohol licenses, and one officer assigned to the Vice and Narcotics Section dedicates his time to liquor licensing and alcohol enforcement issues. Although binge drinking by underage persons does not seem to be too much an issue here, we do receive complaints about underage drinking in liquor license establishments from time to time. We receive about 10-15 complaints about underage drinking in bars per year. In addition to responding to complaints of underage drinking, the Vice and Narcotics Section conducts alcohol compliance checks periodically. These checks are completed by initiating controlled buys using underage informants. The Vice and Narcotics Section conducts an average of 100-120 compliance checks per year. Patrol Services Bureau officers respond to calls reporting underage drinking, and they may conduct bar checks in their territories as time allows. In 2003 one complaint resulted in 44 minors being cited for being in a particular bar after 9:00 PM. The manager was also cited for allowing the minors in the bar. The business served a 20-day suspension for this violation. Another bar was cited for allowing minors in after 9:00 PM and served a 72-day suspension. In effect, the suspension caused the problem bar to close for good. When warranted, we also have initiated the process to have liquor licenses revoked for allowing underage persons in the bar after 9:00 PM. The Legal Department has looked at creating an ordinance regulating the "all you can drink for one price" marketing technique to curb binge drinking by people over the age of 21. It was discovered that if the ordinance was enacted; local bars planned to simply ~hange their marketing technique and pricing enough to avoid being in violation. This option is still being reviewed, but it is not being pursued at this time. Please let Mayor Lehman know that he can contact me at any time at phone 283-4800. cc: Eric Anderson CITY OF IOWA CITY www.icgov.org CITY COUNCIL December 8, 2004 Ernest W. Lehman Mayor City of Pella Mayor Darrell Dobemecker Ross Wilburn 717 Main Street Mayor Pro Tern Pella, IA 50219 Regenia Bailey Connie Champion Bob Elliott Dear Mayor Dobernecker: ..',Mike O'Donnell · Dee Vanderhoef As Mayor of a city with a large university, one of our most significant community problems is the abuse of alcohol. Underage drinking, binge drinking, and the related criminal activities that,, all to often occur, are issues of a community wide concern· As a Mayor of an Iowa city where a college or university is located, we are anxious to learn of any initiatives to address these issues by other Iowa college communities. For example, we plan a review of our recent initiative, that is prohibiting anyone under the age of 19 after 10:00 p.m. in liquor establishments. We are also suggesting to our area State legislators an increase in State alcohol fines, in that the current schedule of fines does not appear to act as a deterrent. We would appreciate knowing whether your community has tried any local initiatives and whether you view it as a success or failure. Recognizing that each- community will view this issue differently, we are hoping we can glean from' other college communities throughout Iowa how they have chosen to address the abuse of alcohol notably by young people. Thank you for taking the time. Please feel free to call or drop me a note with any suggestions. Sincerely, Ernest W. Lehman 410 E. Washington Street ~, ~tO ~f fl ~ Iowa City, IA 52240 Page I of 1 Darrell & Karen To: Mel Vander Wiel Subject: RE: Alcohol Sent: Wednesday, December 22, 2004 1:50 PM To: Darrell Dobemecker Subject:, Alcohol Our department attends each health fair sponsored by Ver Meet, Pella Corporation, and Central College. Materials on substance abuse including alcohol are given to each person attending our booth, We have 'fatal vision" goggles which simulates different levels of intoxication where participants try to walk a straight line, place their finger to their nose, and the one leg stand wearing them. This shows the participants how dangerous it is to drive under the influence. We purchase some materials; receive free materials from the Governor's Traffic Bureau, and the Cedar Rapids Public Library for hand outs. We also present programs to the middle and high school based upon requests of the instructors. Mel Vander Wiel Assist Chief Pella Police Department 614 Main Street Pella, Iowa 50219 641-628-4921 12/28/2004 Marian Karr From: Davros, Lorna L. [LLDavros@dmgov.org] Sent: Tuesday, February 15, 2005 12:43 PM To: council@iowa-city.org Subject: RE: community problems/abuse of alcohol DOCO49.PDF Dear Mayor Lehman: Attached is the information Mayor Cownie received from Bill McCarthy, Police Chief for the City of Des Moines, regarding alcohol enforcement/Underage drinking. A hard copy will be forthcoming. Thank you. <<DOC049.PDF>> Lorna L. Davros, CPS Exec. Admin. Ass't to the Mayor and Council Member EO/AA Committee (515)283-4944 (515) 237-1806 (fax) February is Black History Month Celebrate our Diversity! *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** CITY OF DES MOINES, IOWA Office of CHIEF OF POLICE Frank Cownie January 21, 2005 To Mayor DATE FROM Bill McCarthy susJ ECT: Alcohol Enforcement/ Chief of Police Underage Drinking The City of Des Moines has approximately 388 businesses in the city with alcohol licenses, and one officer assigned to the Vice and Narcotics Section dedicates his time to liquor licensing and alcohol enforcement issues. Although binge drinking by underage persons does not seem to be too much an issue here, we do receive complaints about underage drinking in liquor license establishments from time to time. We receive about 10-15 complaints about underage drinking in bars per year. In addition to responding to complaints of underage drinking, the Vice and Narcotics Section conducts alcohol compliance checks periodically. These checks are completed by initiating controlled buys using underage informants. The Vice and Narcotics Section conducts an average of 100-120 compliance checks per year. Patrol Services Bureau officers respond to calls reporting underage drinking, and they may conduct bar checks in their territories as time allows. In 2003 one complaint resulted in 44 minors being cited for being in a particular bar after 9:00 PM. The manager was also cited for allowing the minors in the bar. The business served a 20-day suspension for this violation. Another bar was cited for allowing minors in after 9:00 PM and sexed a 72-day suspension. In effect, the suspension caused the problem bar to close for good. When warranted, we also have initiated the process to have liquor licenses revoked for allowing underage persons in the bar after 9:00 PM. The Legal Department has looked at creating an ordinance regulating the "all you can drink for one price" marketing technique to curb binge drinking by people over the age of 21. It was discovered that if the ordinance was enacted; local bars planned to simply change their marketing technique and pricing enough to avoid being in violation. This option is still being reviewed, but it is not being pursued at this time. Please let Mayor Lehman know that he can contact me at any time at phone 283-4800. cc: Eric Anderson 10 First Street Northwest Mason City, IA 50401-3224 www. masoncity, net December 29, 2004 Ernest W. Lehman, Mayor City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Lehman: Sorry I didn't get back to you sooner for your request of information on the City of Mason City's approach to underage drinking by the college community. Mason City is home to the North Iowa Area Community College, which has some dormitories but is primarily a commuter's educational institution. The City of Mason City has not experienced significant underage drinking problems with a connection to the students at NIACC. For the most part, any issues that have emerged with underage drinking are common with communities of our size and not the location of the community college. Consequently, we as a City, have not had to develop any specific strategies on this issue. I wish I could be more helpful, but without a need to address these issues, I can't give you much input. Best wishes for a prosperous 2005 for you and the citizens of Iowa City. Sincerely, aa~or arin°s AN EOUAL OPPORTUNITY EMPLOYER OFFICE OF THE MAYOR CITY OF CEDAR FALLS, IOWA 220 CLAY STREET CEDAR FALLS, IOWA 50613 319-268-5119 FAX 319 268-5126 December 27, 2004 Mayor Ernest W. Lehman City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mayor Lehman, In response to your letter of December 8, I have enclosed a memo from our Police Chief conceming alcohol enforcement initiatives we have undertaken in Cedar Falls. Obviously, we have some of the same issues you have- binge drinking, homecoming issues that we gear up for every fall, and as graduation approaches, placing extra police on some nights and weekends in the spring. Please feel free to call if you have questions about these or other initiatives that you think Iowa City, Cedar Falls and Ames might initiate as the three Regents' institution communities. Sincerely, Mayor Jon Crews [Jon Crews-crews mem° a!och°i enf~rcem~ni !2 2i 04-d°c page 1 J CEDAR FALLS POLICE DEPARTMENT CITY OF CEDAR FALLS 220 CLAY STREET CEDAR FALLS, IOWA 50613 319-273-8612 MI~%N~DUM To: Mayor Jon Crews From: Rick Ahlstrom, Chief of Police Date: December 21, 2004 Re: Iowa City - Alcohol enforcement initiatives The Cedar Falls Police Department has identified three main problems relating to alcohol consumption within the city limits. 1. Underage patrons ddnking within establishments 2. Pdvate parties that violate Iowa's Bootlegging law 3. Ddnking establishments that serve to intoxicated customers The Department has developed a specific response to each of these issues. For example, uniformed officers regularly patrol the drinking establishments and check for underage patrons drinking inside. The officers will cite the patron for that offense and if they find fake/false identification as used will in addition to the alcohol citation also cite the patron for unlawful use of identification. Those fines together amount to over $300.00. During the warm months when private parties are occurring, plainclothes officers and civilians will monitor those parties for bootlegging offenses. In the past two years, approximately 22 UNI students have been arrested for Bootlegging. Numerous kegs of bee~ and money have been seized from the residents. Additionally, residences which have loud parties are generally cited when complaints of noise occurs. The Department has also conducted sting operations on establishments for over serving of intoxicated patrons. Stings have been successful against three establishments with civil fines being assessed against two of them. The third establishment's bartenders recently went to court and we are awaiting the verdict from that trial. Jon crews ' cr~ws memo I alochol enforcement 12 2! 04;doc Page 2 t In summation, the Department has adopted a strong enforcement model focusing on patrons, parties, and establishments that violate Iowa's alcohol laws. · Page 2 December 22, 2004 The Honorable Ernest W. Lehman Mayor, City of Iowa City 410 E Washington St Iowa City, IA 52240-1826 Dear Mayor Lehman: Thank you for your letter earlier this month requesting information on local initiatives to address the issue of underage drinking. The enclosed memo details information for Cedar Rapids as assembled by our City's neighborhood liaison. I hope you find this information valuable. If you have any questions, please contact my office at (319) 286-5051 or contact Sandi through the information contained in her memo. I wish you and your family the happiest of holidays! Paul D. Pate Mayor City of Cedar Rapids _~£.x5~._c~ d a_~r.rapj_d s. org Office of Mayor Paul D. Pate City Hall · 50 Second Avenue Bridge · Cedar Rapids. Iowa 52401 · (319) 286-5051 · FAX (319) 286-5144 Sandi Fowler Neighborhood Liaison CE D i PC PIDS Department of Development 50 Second Avenue Bridge Cedar Rapids, IA 52401-1256 Telephone: (319) 286-5077 City of Five Seasons FAX: (319) 286-5141 Email: S.Fowler~cedar-rapids.org TO: Mayor Pate . ~ FROM: Sandi Fowler~t~ DATE: December 21, 2004 SUBJECT: Mayor Lehman's Request Regarding Underage Drinking Mayor Lehman's letter dated December 8, 2004, requests information on local initiatives the City of Cedar Rapids has implemented to address underage drinking in our city. I received information from Lieutenant Tom Jonker of the Cedar Rapids Police Department who manages our Alcohol Control Program. Two sections of the Municipal Code are instrumental in controlling underage drinking (attached). The first is Chapter 51.25, Regulatiofi of Minors. This code restricts persons under legal age (21 years of age) from being in liquor establishments that sell more than 50% alcohol after 7:00 p.m. This code further makes the bar responsible for regulating persons under legal age in its business and also restricts parents from allowing their minor children from being on the premises after 7:00 p.m. The second is Chapter 62.33, Disorderly Houses, Wrongful Drinking Establishments, Inmates and Keepers. This code is used to regulate house parties. This allows for charging both the host of the party as a "keeper" and youth at the party as "inmates." Another recently added tool is an enforcement grant provided by Decategorization. This grant, Enforcement of Underage Drinking Laws (EUDL), is offered to all Decat areas. Both the Cedar Rapids Police Department and the Linn County Sheriff's Office receive this grant that provides $11,495 to pay overtime expenses incurred by two police officers who work every Friday and Saturday night from 9 p.m. until 2 a.m. responding to juvenile parties involving alcohol. The Police Department is pleased with the success of having dedicated personnel to respond to these situations. In the past, officers called to a juvenile party would commonly stop the party and then go to their next call, not having time to write charges for all the persons present. Now these dedicated officers take the hours necessary to write the charges and act as a deterrent to future violations. Mayor Lehman's Request Regarding Underage Drinking Page 2 Further, ~hrough the Decat grant process, Police personnel worked together with the Juvenile Court system to streamline the juvenile Possession of Alcohol paperwork from four pages to one so that officers can more easily and quickly process the information, resulting in more charges being filed. Paperwork was considered a major obstacle to charges for Possession Under Legal Age for minors under age 18. The Police Department has also had significant success by having two persons identified at the Department who deal with alcohol enforcement. By providing this direct responsibility, repeat violations and enforcement of house parties is dealt with more comprehensively, rather than each call individually. Finally, Lt. Jonker expressed his belief that the strength of our city's enforcement is directly related to how completely the City and the Police Department are committed to eliminating all underage drinking in our city. 51,25 REGULATION OF MINORS. (a) No person shall sell, give, or otherwise supply alcoholic liqu0r or beer to any person knowing or having reasonable cause to believe him or her to be under legal age, and no person or persons under legal age shall individually or jointly have alcoholic liquor or beer in his, her or their possession or control or attempt to purchase or obtain any alcoholic liquor or beer; except in the case of liquor or beer given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to him or her by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his or her employment by a liquor control licensee or beer permittee. (b) No person or club holding a class "A," "B" or "C" liquor license, or a class "B" beer permit, nor his or her agents or employees, shall employ any person under 18 years of age in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. (c) Except as may be allowed in subsection (d) hereinbelow: If the business of selling alcoholic liquor and/or beer constitutes more than 50% of the gross business transacted therein, it shall be unlawful for any person under legal age to enter into, remain upon, or frequent the place of business of any class '%/' "B," or "C" liquor license holder or any class "B" beer permit holder after 7:00 p.m on any day of the week, unless the person under legal age is engaged in a trade, occupation or business, which is not otherwise prohibited by the Code of Iowa, or the Municipal Code of the City of Cedar Rapids, and which requires his or her presence within or upon said premises. If the business of selling alcoholic liquor and/or beer constitutes more than 50% of the gross business transacted therein, it shall be unlawful for a parent or guardian of any person under legal age, any class "A," "B" or "C" liquor license holder, or any class "B" beer permit holder to permit a person under legal age to enter into, remain upon, or frequent the place of business of any class "A," "B" or "C" liquor license holder after 7:00 p.m. on any day of the week, unless the person under legal age is engaged in a trade, occupation, or business, which is not otherwise prohibited by the Code of Iowa, or the Municipal Code of the City of Cedar Rapids, and which requires his or her presence within or upon said premises. (d) The Cedar Rapids City Council may authorize by resolution that the place of business of any class "A," "B" or "C" liquor license holder or class "B" beer permit holder in which the business of selling alcoholic liquor and/or beer constitutes more than 50% of the gross business transacted therein, may allow persons under legal age, to enter into, remain upon, or frequent a place of business after 7:00 p.m. on any day of the week upon such terms and conditions as may be established by Cedar Rapids City Council resolution. To obtain such authorization, hereinafter referred to as "special permit," the licensee or permittee shall submit a written application to the City Clerk, upon a form provided by the City Clerk. A special permit as may be granted hereunder however shall be limited to the dates and time expressly referenced in any such City Council resolution. The resolution granting a special permit shall also contain such age limitations, hours of operation, and other rules and regulations, including the prohibition of the use, sale, or consumption or alcoholic liquor, wine or beer during the dates and times for which such special permit be granted, that the Cedar Rapids City Council shall deem necessary. The licensee or permittee must accept the rules and regulations established by the City Council in writing before the special permit may be granted. (57-99) 62.33 DISORDERLY HOUSES, WRONGFUL DRINKING ESTABLISHMENTS, INMATES AND KEEPERS; DEFINED; PROHIBITED; PENALTY GENERALLY. (a) Any building, room or other structure within the corporate limits of the City of Cedar Rapids, where illegal gaming or illegal gambling of any kind is allowed or carried on, all houses or places of ill fame, or where persons resort for the purpose of prostitution, assignation, or lewdness, or resorted to for the use of controlled substance as defined in the Uniform Controlled Substances Act, Chapter 204, of the Iowa Code as it now exists or is hereafter amended, or where prescription drugs are illegally kept, illegally sold or illegally given away, are hereby declared disorderly houses and prohibited, and shall be suppressed, and the keepers and inmates thereof punished as hereinafter provided. (b) Any building, room or other structure within the city where intoxicating liquor or beer is illegally kept, illegally sold or illegally given away are hereby declared to be wrongful drinking establishments and prohibited, and shall be suppressed and the keepers and inmates thereof punished as hereinafter provided in subsection (d). (c) Each person found in any building, room, or other structure as defined in subsections (a) or (b), whether male or female, or persons resorting thereto, shall be considered an inmate thereof within the meaning of subsection (d), and their presence in any such building, room or place at any hour of the day or night, shall be prima facie evidence that they are inmates. (d) If any person shall be guilty of keeping or maintaining a building, room, or other structure as described in subsection (a) or (b), or shall be an inmate thereof, or in any way connected with, or in any way contribute to the support of, or knowingly own or be interested as proprietor or landlord in such building, room, or other structure shall be deemed guilty of an offense and, upon conviction thereof, shall be punished as provided in Section 1.06 of the Municipal Code, City of Cedar Rapids, Iowa. (e) It shall not be necessary to prove payment in order to prove a sale within the meaning and intent of this ordinance. (45-88) CITY OF IOWA CITY ww~v.icgov.org CITY COUNCIL December 8, 2004 ' Ernest W. Lehman Mayor City of Cedar Rapids -,,~ ·-- " Mayor Paul Pate ~ '. ' ''~ Ross Wilburn 50 2nd Avenue Bridge '" '--- ~ Mayor Pro Tern , Cedar Rapids, IA 52401 Regenia Bailey Connie Champion Bob Elliott Dear Mayor Pate: Mike O'Donnell Dee Vanderhoef As Mayor of a city with a large university, one of our most significant community problems is the abuse of alcohol. Underage drinking, binge drinking, and the related criminal activities that, all to often occur, are issues of a community wide concern. As a Mayor of an Iowa city where a college or university is located, we are anxious to learn of any initiatives to address these issues by other Iowa college communities. For example, . we plan a review of our recent initiative, that is prohibiting anyone under the age of 19 after 10:00 p.m. in liquor establishments. We are also suggesting to our area State legislators an increase in State alcohol fines, in that the current schedule of fines does not appear to act as a deterrent. We would appreciate knowing whether your community has tried any local initiatives and whether you view it as a success or failure. Recognizing that each community will view this issue differently, we are hoping we can glean from other college communities throughout Iowa how they have chosen to address the abuse of alcohol notably by young people. Thank you for taking the time. Please feel free to call or drop me a note with any suggestions. Sincerely, Ernest W. Lehman Mayor council~iowa-city.org 410 E. Washington Street Iowa City, IA 52240 mgr/Itrs/alc-initiatives.doc Phone: (319) 356-5010 Fax: (319)356-5009 CITY OF WATERLOO, IOWA C~TY HALL · 715 MULBERRY ST. · WATERLOO, IA 50?03 · (319) 291~4301 FAX (319) 291-4286 December 20, 2004 A?,,,/o, Mayor Ernest W. Lehman '] ]iO~l¥ I City of Iowa City H L.IRLk'Y 410 E. Washington Street Iowa City, IA 52240 ('()UN(II_ M~:,~U~[:~]~S Dear Mayor Lehman: Ra;~r<^f.~:~ ^. In response to your letter dated December 8, 2004, I have talked with the sc~ ~Mn~ Waterloo Police Chief about the issue of underage drinking. Our City code, w,,.,~ Chapter 2, Liquor Control addresses this issue as stated below: D. Minors Prohibited From Certain Premises: 1. Policy and Purpose: It is the purpose and intent of this 13UCK ck,x~ provision to preclude minors under twenty one (21) years of w,,,.,~ ~ age frgm entering or remaining in those establishments whose sale or dispensing of alcoholic beverages is more than fifty JO?tN ^. percent (50%) of the business conducted therein. Although the KINCAID w,,~,~ ~ ultimate responsibility for the minor's Unlawful presence lies with that minor, the licensee or permittee and his employees have a RON responsibility to make reasonable scrutiny of those reasonably YVELPEI;~ w,,,.,~ .., suspected to be unlawfully present. ~o~ In Waterloo, a business whose purpose is primarily for alcohol sales cannot GREENWOOD allow individuals under the age of 21 into their establishment. Officers from ~'~""~'" the Waterloo Police Department regularly perform bar checks to ensure that ET~.~C the law is being followed. (;UNDERSON ~"~'":','" Please feel free to contact me with any further questions you might have on this subject. Sincerely, Tim Hurley Mayor WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Police Department Loras A. Jaeger, Chief of Police Clark Avenue, P.O. Box 811 Ames, IA 50010 Police Desk: 515-239-5133 Chief's Office 515-239-5130 December 16, 2004 Ernest W. Lehman, Mayor City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Lehman: Your letter addressed to Ames Mayor Tedesco concerning alcohol issues was referred to me for comment. I have attached for your review several city ordinances covering such areas as minors prohibited on certain premises, indirect sales and sales of unlimited servings of alcoholic beverages, beer keg party regulations, nuisance party regulations, and prevention of consumption of alcoholic beverages by underage persons at parties. Since we do not allow underage persons in bars, unless accompanied by a parent, guardian, or spouse who is of legal age, our problem areas are large off campus parties. It was an attempt to break up a large off campus party that ignited the VEISHEA riot in April. Up to that night the police had been successful in controlling these parties by the use of our bootlegging and nuisance party ordinances. Clearly, we as a community need to find outlets for underage university students to socialize in a safe and, hopefully alcohol free environment. In the upcoming year the City of Ames and Iowa State University plan to host a summit in which university community leaders bom around the country will be asked to provide "best practices" in how to handle large celebratory events. We are hopeful that collectively, some solutions can be found. If you need any other information, please contact me at my direct number (515) 239-5428 or by e-mail lj aeger~city.ames.ia.us. Sincerely, Loras A. Jaeger Chief of Police CHAPTER 17 OFFENSES--MISCELLANEOUS Sec. 17.1. OFFENSES; CERTAIN PUBLIC OFFENSES TO BE OFFENSES AGAINST THE CITY. (1) Certain simple misdemeanors defined and known under the Code of Iowa 1997 are hereby declared and made to be offenses against the City of Ames, Iowa, when committed in the City of Ames, to-wit: (a) Assault [State Law Ref 708.1, 708.2(3)] (b) Harassment [State Law Ref 708. 7] (c) Theft in the fifth degree [State Law Ref 714. 1, 714.2 (5)] (d) Criminal mischiefin the Fifth Degree [State Law Ref 716.1, 716.6] (e) Trespass [State Law Ref 716.6, 716.8 (1)] (f) Cruelty to animals [State Law Ref 717B.2] (g) Harassment of public officers and employees [State Law Ref 718.4] (h) False reports to law enforcement authorities [State Law Ref 718.6] (i) Refusing to assist officer [State Law Ref 719.2] (j) Fraudulent practice in the Fifth Degree [State Law Ref 714.8, 714. 13] (k) Use of false process or records [State Law Ref 720.5] (l) Unlawful assembly [State Law Ref 723.2J (m) Failure to disperse[State Law Ref 723.3] (n) Disorderly conduct [State Law Ref 723.4] (o) Interference with official acts [State Law Ref 719. 1] (p) Unauthorized access to computer [State Law Ref 716A.2] (q) Computer damage in the Fifth Degree [State Law Ref 716A.8] (r) Computer theft in the Fifth Degree [State Law Ref 716A. 14] (s) Abandonment of cats and dogs [State Law Ref 717.4] (t) Possession Under Legal Age [State Law Ref. 123.47] (2) Violation of any provision of this Section shall be a simple misdemeanor. (Ord. No. 3480, Sec. 1, 4-14-98; Ord. No. 3551, 3-7-00) (Ord. No. 2646, Sec. 2, 3-7-78; Ord. No. 2685, Sec. 1, 10-3-78; Ord. No. 2890, Sec. 1, 3-27-84; Ord. No. 3003, Sec. 14, 2-23-88; Ord. No. 3388, Sec. 1, 5-25-96; Ord. No 3497, Sec. 12, 8-25-98) Sec, 17.2. AIRGUNS, BOWS, SLINGSHOTS; DISCHARGING. (1) Any person who discharges any projectile ormissile from any bow, air-gun, slingshot or similar appliance, within the City, whereby any person may or shall be hurt or hit, any window broken or other property damaged or destroyed, commits a municipal infraction punishable by a penalty of $50 fora person's first violation and $100 foreach repeat violation. (2) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (3) This prohibition shall not apply to paintball activities conducted by clubs registered with Iowa State University and carried out at locations on campus that are subject to Iowa State University regulations and site plan controls, and which have been approved for those activities by Iowa State University. (Ord. No. 812, Sec. 94; Code 1956, Sec. 76-94; Ord. No. 3497, Sec. 13, 8-25-98; Ord. No. 3551, 3- 7-00, Ord. No. 3 631, 10-9-01) Sup #2004-3 17-1 Rev. 7-1-04 Sec. 17.3. ANTENNAE, RADIO WIRES. (1) It is unlawful for any person to attach any antennae or radio wires to any pole used by the City in conveying electric current, or to any pole carrying telephone or telegraph wires or cables orto string, place or continue any such antennae orradio wires over or under any electric light orpowerwires or cables orto string any such antennae or radio wires in, on, or across any street, avenue, or alley of the City. (2) Violation o fthis Section shall be amunicipalinfraction punishable by a penalty of $50 fora person's first violation and $100 for each repeat violation. (Ord. No. 8]2, Sec. 93; Code 1956, Sec. 76-93; Ord. No. 3003, Sec. 15, 2-23-88; Ord. No. 3497, Sec. 14, 8-25-98) Sec. 17.4. WEAPONS PERMIT REQUIRED. (1) A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in that person's immediate possession the permit provided for in Section 724.4 Subsection 4, paragraph 'i', Code of Iowa and shall produce the permit for inspection at the request of a city peace officer. (2) Failure to produce a permit as required by subsection (1) above shall be a municipalinfraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Oral. No. 2646, Sec. 2, 3-7-78; Ord. No. 3003, Sec. 16, 2-23-88; Ord. No. 3497, Sec. 15,8-25-98;Ord. No.3551,3-7- oo) Sec. 17.5. (RESERVED) Sec. 17.6. FIREWORKS, USE REGULATED. (1) The use orexploding of"fireworks," as that term is defined by the Code of Iowa 1987, is prohibited except when done in accordance with a permit authorized by the City Council. (2) The City Council for the City of Ames may, upon receipt of a written application,permit the display and exploding of fireworks by any group or organization if the fireworks will be handled by a competent operator. (3) However, nothing in this section shall be construed to prohibit any resident, dealer, manufacturer or jobber from selling such fireworks if the same are to be shipped out of state; or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic or sporting events or by railroads or trucks, for signal purposes, or by a recognized military organization; and provided further that nothing in this section shall apply to any substance or composition prepared and sold for medicinal or fumigation purposes. (4) An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of the fireworks permit. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk. (Ord. No. 3746, 11-18-03) (5) A violation of a provision of this section pertaining to the use or exploding of fireworks shall be a municipal infraction punishable by a penalty of $50.00 for a person's firstviolation and $100.00 foreach repeat violation. Alternatively, a violation of this section can be charged by a peace officer of the city as a simple misdemeanor. (Ord. No. 3746, 11-18-03) (Ord. No. 2646, Sec. 2, 3-7-78; Ord. No. 3003, Sec. 18, 2-23-88; Ord. No. 3497, Sec. 16, 8-25-98; Ord. No. 3551, 3-7- O0)[State Law Ref 727.2 J Sec. 17.7 SMOKING PROHIBITED, CITY MEETINGS, BUILDINGS, AND VEHICLES (1) No person shall smoke, or otherwiseuse, any cigarette, cigar, pipe or other smoking equipment, or other tobacco product, in any room in which a public meeting of the city council or any administrative agency, board, commission, committee or other governmental body of the City of Ames, Iowa is being held, during said public meeting. (Ord. No. 2655, Sections 1, 2, 5-23-78) (2) No person shall smoke, orotherwise use, any cigarette, cigar, pipe,or other smoking equipment, or other tobacco product, in any building underthe use and control of the City or City administrative agency, or in any enclosed courtyard of any such building, or in any vehicles, including Cy-Ride, under the use and control of the City or City Sup #2004-3 17-3 Rev. 7-1-04 administrative agency, except in those areas, if any, that have been designated and conspicuously posted as smoking areas. (3) Violations of this ordinance are municipal infractions punishable by a civil penalty of $25.00 for each offense. (Ord. No. 3074, Sec. 1, 3-20-90; Ord. No. 3358, Sec. 1, 11-21-95) [State Law Ref. Chap. 142B, Code of Iowa.] Sec. 17.8. DEFACING NOTICES. (1) It is unlawful for any person to deface or tear down any notice, ordinance or advertisement, within the city, posted by order of the City Council or by any public officer in the performance of their official duties. (2) Violation of this Section shall be a municipalinfraction punishable by apenalty of $50 foraperson's first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 812. Sec. 53; Code 1956, Sec. 76-53; Ord. No. 3003, Sec. 19, 2-23-88; Ord. No. 3497, Sec. 17, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.9. DEPOSITING GUM, TOBACCO. (1) It is unlawful to deposit any gum, tobacco quid, cigar orcigarette stubs in, upon or against any sidewalk or upon the floor, of any public building, hallways, steps, cellarway, stairway, windows, public motor bus or depot platform. (2) Violation of this Section shall be a municipalinfraction punishable by a penalty of $50 fora person's first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 812. Sec. 108; Code 1956, Sec. 76-108; Ord. No. 3497, Sec. 18, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.10. DEPOSITING PAPER ON STREETS, IN VEHICLES. (1) It is unlawful for any person to throw or deposit or cause to be thrown or deposited, any paper, cards, advertisements, handbills or the like, into any street, alley or other public place or places, or in or upon any motor vehicles while parked on public property. (2) Violation of this Section shall be a municipalinfraction punishable by a penalty of $50 for a person' s first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 812, Sec. 1; Code 1956, Sec. 76-69; Ord. No. 3003, Sec. 20, 2-23-88; Ord. No. 3497, Sec. 19,8-25-98;0rd. No. 3551, 3-7-00) Sec. 17.11. DISCHARGE OF FIREARMS. (1) No person, except one in lawful defense of themselves or another, or in defense of their property, or a peace officer in the performance of duties (including the designated animal control officer), or at a licensed shooting gallery, or one in lawful possession and control of land used for agricultural purposes when on said land shall fire off or discharge any cannon, gun, rifle or other firearm within the City. Provided, however, that nothing herein shall apply to the military department of Iowa State University; to other military organizations of the United States and the State, to military funeral ceremonies, or to firings conducted by sport and recreation organizations,such as the Izaac Walton League, at scheduled periods, on an established range, and under supervision of a designated individualwho is qualified to assure that adequate safety precautions are established and observed. (2) A violation of this Section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the city as a simple misdemeanor. (Ord. No. 812, Sec. 87; Code 1956, Sec. 76-87; Ord. No. 2312, Secs. 1, 2, 10-28-69; Ord. No. 2439, Sec. 2, 4-17-73; Ord. No. 3003, Sec. 21, 2-23-88; Ord. No. 3497, Sec. 20, 8-25-98; Ord. No. 3551, 3-7-00) Sup #2004-3 17-4 Rev. 7-1-04 Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, or any person who allows any such refrigerator, icebox, or similar container, to remain outside o fbuildings on premises in the person's possession or control, abandoned or unattended and so accessible to children, commits a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. [State Law Ref Iowa Code Sec. 727.3 J (Ord. No. 3497, Sec. 21, 8-25-98) Sec. 17.13. FALSE FIRE ALARMS. (1) Any person who in any manner, willfully gives or causes a false alarmwhereby the fire department orthe police department is called out to respond commits a municipalinfraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (2) Due to the frequency of alarms associated with automatic intrusion alarm systems of various kinds the City Council may from time to time establish by resolution a scheduled fee to recover the cost of responding to such alarms. (Ord. No. 812, Sec. 81; Code 1956, Sec. 76-81; Ord. No. 2978, 6-23-87) [State Law Ref Iowa Code Sec. 718.6] (Ord. No. 3497, Sec. 22, 8-25-98) Sec. 17.14. INTERFERING WITH GRADE STAKES, OTHER MONUMENTS. (1) It is unlawful for any person to remove, break, carry away, damage, destroy or interfere with, in any m~inner, any grade stake, stone or othermarkerormonument within the city, set by the city, federal, state authorities or duly registered land surveyor to designate grade, corners, lines orbench marks, otto deface, remove any letters, figures or marks thereon. (2) Violation of this section shall be a municipalinfraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (3) Alternatively, a violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 812, Sec. 73; Code 1956, Sec. 76-73; Ord. No. 3003, Sec. 22, 2-23-88; Ord. No. 3497, Sec. 23, 8-25-98; Ord. No. 3551, 3-7-00) [State Law Ref. Iowa Code Sec. 355.14] Sec. 17.15. INTERFERING WITH HYDRANTS. (1) It is unlawful forany person, unless properly authorized,other than an employee of the city, or a member of the fire department in the performance of their duty, to takes off or unscrew the cap from any water hydrant in the streets or avenues of the city, or interfere or meddle with such hydrant in any manner. (2) Violation ofthis section shall be a municipal infraction punishable by a penalty of $50 fora person's first violation and $100 for each repeat violation. (3) Alternatively, a violation oft_his section can be charged by a peace officerofthe City as a simple misdemeanor. (Ord. No. 812, Sec. 83; Code 1956, Sec. 76-83; Ord. No. 3003, Sec. 23, 2-23-88; Ord. No. 3497, Sec. 24, 8-25~98; Ord. No. 3551, 3-7-00) Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES. (1) It shall be unlawful for the holder of a license or permit issued pursuant to the 'Iowa Alcoholic Beverage Control Act' for premises where more than fifty percent (50%) of the business conducted is the sale or dispensing of alcoholic beverages for consumption on the premises, and for any person employed with respect to such premises to knowingly permit or fail to take re asonable measures to prevent the entry onto such premises o fany and all persons who have not yet attained the age oftwenty-one. It shall be the duty of the licensee and of the person or persons managing such premises to causeto be posted and maintained at alltimes an easily readable notice in the English language stating that persons less than 21 years of age are prohibited from entering the premises. (Ord. No. 3116, 2-5-91; Ord. No. 3119, 2-16-91) (2) However, the provisions of subsection (1) above shall not apply when: (a) The underage person is an employee ofthe license holder, or performing a contracted service with respect to said premises, and is on the premises during their scheduled work hours. Sup #2004-3 17-5 Rev. 7-1-04 (b) The underage person is accompanied by a parent, guardian or spouse who is of legal age for the purchase of alcoholic beverages. (c) The underage person is on the premises during a time that the licensee has, in accordance with a written notice and plan given in advance to the Chief of Police, su. spended dispensing alcoholic beverages on the licensed premises or on a clearly delineated part of the licensed premises operated under a differentiating trade name. It shall be the strict duty of a licensee permitting such underage persons onto the licensed premises pursuant to such a plan, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Police officers shall be admitted to the premises at any time to monitor compliance with all applicable laws. Failure in that duty whether knowingly or otherwise, shall be punishable as a violation of this section. (d) The underage person is on the premises as a participant in a special event for a non-profit organization, or in a banquet or eeremonialdinner for any organization, in accordance with a plan approved in advance by the Chief of Police. It shall be the strict duty of a licensee permitting such underage persons onto the licensed premises, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises. (e) The underage person is on the premises during specified posted hours that the licensee does its business primarily in food sales,in accordance with a plan approved in advance by the Chief of Police. To receive plan approval, a licensee shall be required to demonstrate that there is a clearly definable pattern of daytime hours during which more than 50% of the business' sales are food. It shall be the strict duty of the licensee, and of all persons employed with respect to said premises, to remove allunderage persons fromthe premises before the start of restricted admission hours each day, and it shall be the strict duty of the licensee permitting underage persons onto the premises, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Failure in these duties, whether knowingly or otherwise, shall be punishable as a violation of this section. (Ord. No. 3121, Sec. 1, 3-5-91; Ord. No. 3154, Sec. 1, 12-17-91; Ord. No. 3214, Sec. 1, 1-26-93; Ord. No. 3269, Sec. 1, 3-22-94) (3) It shall be unlawful for any person who has not yet attained the age forlawfulpurchase and possession of alcoholic beverages to go onto such premises as are described in subsection (1) except as is provided for by subsection (2). (4) Violation of the provisions of subsections 17.16(1) through 17.16(3) pertaining to underage persons on licensed premises shall be a municipal infraction punishable by a penalty of $100 for a person's first violation and $200 foreach repeat violation. Alternatively, violation of those stated subsections can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 25, 8-25-98; Ord. No. 3500, Sec. 1, 10-13-98; Ord. No. 3551, 3-7-00) (5) Minors Prohibited on Premises at nude Performances. Persons under the age of 18 years shall not attend any live entertainment or performance presented for commercial purposes, that consists in whole or in part of persons exposing human genitalia, human buttocks, orthe human female breastnipple. No person shall participate in presenting such entertainment to a person under the age of 18. A violation of this subsection shall be a municipal infraction punishable by a penalty of $100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this subsection can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 2700, Sec. 2, 1-16-79; Ord. No. 3003, Sec. 24,2-23-88;Ord. No. 3033, Sec. 1, 1-24-89; Ord. No. 3039, Sec. I, 2-17-89; Ord. No. 3046, Sec. 1, 5-9-89; Ord. No. 3052, Sec. 1, 6-27-89; Ord. No. 3068, Sec. I & 2, 1-9-90; Ord. No. 3289, Sec. 1, 8-23-94; Ord. No. 3497, Sec. 26, 8-25-98; Ord. No. 3551, 3-7-00, Ord. No. 3589, 9-26-00) Sup #2004-3 17-6 Rev. 7-1-04 Sec. 17.17. CONSUMPTION IN PUBLIC PLACES. It is unlawful for any person to use or consume alcoholic beverages, wine or beer upon the public streets or highways of the City of Ames, or consume any alcoholic beverage in any public place, except: (1) Premises covered by a valid liquor control license; or (2) Ifthe public place is Brookside,Emma McCarthy Lee,Inis Grove, North and South RiverValley or Moore Memorial Parks, wine and beer may be consumed if it is in or dispensed from bottles or single serving cans, but not cartons or kegs. Keg beer may be authorized only by the Parks and Recreation Commission based on such criteria as they shall adopt. (3) Violation o fthis section shall be a municipalinfraction punishable by a penalty o f $100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace officer of the City as a simple misdemeanor. (Ord. No. 2700, Sec. 2, 1-16-79; Ord. No. 3003, Sec. 25, 2-23-88;0rd. 3459, Sec. 1, 9-9-97; Ord. No. 3497, Sec. 27, 8-25-98; Ord. No. 3500, Sec. 2, 10-13-98; Ord. No. 3551, 3-7-00) Sec. 17.18. BEER AND LIQUOR SALES BY AND TO YOUNG PERSONS. (1) It shall be the duty ofpersons who sell beer and alcoholic beverages, and oftheir employees, to demand and examine satisfactory evidence of the purchaser's age if that person appears to be under the legal age for such purchase, before selling, giving or otherwise providing beer or alcoholic beverages to such person. (2) Persons under the legal age forpurchase ofbeeror alcoholic beverages shall not purchase or attempt to purchase beer or alcoholic beverages, except when acting with the knowledge and authorization of the Ames Police Department in the course of a law enforcement investigation. (3) It shall be unlawful for any person to: (a) manufacture, make, possess, sell, give, or distribute any false or altered document to misstate a person's age to indicate that such person is old enough to lawfully purchase alcoholic beverages when they have not yet attained that age. (b) manufacture, make, possess, sell, give, or distribute any document to misrepresent the identity of a person as someone old enough to lawfully purchase alcoholic beverages when such person has not yet attained that age. (Ord. No. 3038, Sec. 1, 2-14-89) (4) Any person violating this section shall be guilty of a simple misdemeanor. (Ord. No. 2746, Sec. 1, 2-26-80; Ord. No. 2919, Sec. 1, 2-26-85; Ord. No. 3003, Sec. 26, 2-23-88) Sec. 17.18.1 INDIRECT SALES AND SALES OF UNLIMITED SERVINGS OF ALCOHOLIC BEVERAGES PROHIBITED. The following is prohibited: (1) Offering an unlimited or indefinite quantity of alcoholic beverages free of charge to the purchaser of a cup, or to a person who pays a cover charge or admission fee, or to a purchaser of any other goods or services. (2) To sell, offer to sell, dispense or serve, for a single payment, fixed in advance, an unlimited or indefinite number of servings of alcoholic beverage or an unlimited or indefinite amount of alcoholic beverage. (3) Nothing in this section shall be construed to prohibit a holder of a liquor control license, wine permit or beer permit, or its employees or agents, from: (a) including servings or quantities of alcoholic beverages as a part of a hotel or motel package that includes overnight accommodations, (b) providing for a single payment fixed in advance an unlimited or indefinite numberofservings or quantity of alcoholic beverage for an event not open to the general public, but restricted to a particular invited group of persons who are identified by means of restricted access to a particularroomor area or an identification tag or badge, (4) A violation of this section shall be a municipalinfraction punishable by a penalty of $100 for a persons first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine of not more than $500 or imprisonment not to exceed 30 days. (Ord. No. 3037, Sec. 1, 2-14-89; Ord. No. 3497, Sec. 28, 8-25-98; Ord. No. 3551, 3-7-00, Ord. No. 3702, 3-4-03) Sup #2004-3 17-7 Rev. 7-1-04 Sec. 17.19, INTOXICATION IN A PUBLIC PLACE. No person shall be intoxicated or simulate intoxication in a public place. Violation of this section is a simple misdemeanor. (Ord. No. 812, Sec. 38; Code 1956, Sec. 76-38; Ord. No. 2392, Sections 1, 2, 2-15- 72; Ord. No. 3497, Sec. 29, 8-25-98; Ord. No. 3500, Sec. 3, 10-13-98; Ord. No. 3551, 3-7-00) [State Law Ref Iowa Code Sec. 123.47] See. 17.20. REMOVING DANGER SIGNALS, BARRICADES. It is unlawful for any person to interfere with, remove, throw down, destroy orcarry away fromany street, alley or public place, any lamp, lantern, flare or other light, barricade or danger signal, erected and placed therein for the purpose of guarding or enclosing unsafe or dangerous places or giving warning or notice thereof. A violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 812, Sections 72, 73; Code 1956, Sections 76-72, 76-88; Ord. No. 3003, Sec. 27, 2-23-88; Ord. No. 3497, Sec. 30, 8-25-98; Ord. No. 3551, 3-7-00) See. 17.21. AIR TRAFFIC RULES TO BE OBSERVED. No aircraft shall be operated over or within the jurisdiction of the City of Ames in violation of the air traffic rules which have been or may hereafter be established by the FederalAviation Administration of the United States. Violation o fthis section shall be a municipalinfraction punishable by a penalty of $50 fora person's firstviolation thereof and $100 for each repeat violation. (Ord. No. 2436, Sec. 1, 3-6-73; Ord. No. 3497, Sec. 31, 8-25-98) See. 17.22. MINIMUM ALTITUDES. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (1) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (2) Over congested areas. Over any congested area of the City of Ames,Drover any open air assembly of persons, an altitude of one thousand (1,000) feet above the highest obstacle within a horizontalradius of two thousand (2,000) feet of the aircraft. (3) Over other than congested areas. An altitude of five hundred (500) feet above the surface, except over open water or sparsely populated areas. In that ease, the aircraft may not be operated closer than five hundred (500) feet to any person, vessel, vehicle, or structure. (4) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (2) or (3) o fthis section,if the operation is conducted without hazard to persons orproperty on the surface; however, in no event shall a helicopter be operated at an altitude of less than five hundred (500) feet over any open air assembly of persons, except when in the process oftakeoffor landing. In addition, each person operating a helicopter shall comply with the routes or altitudes specifically prescribed for helicopters by the administrator of the Federal Aviation Administration. (Ord. No. 2436, Sec. 1, 3-6-73) (5) Failure to abide by the altitude requirements stated in Subsections (1) through (4) above shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. (Ord. No. 3497, Sec.32, 8-25-98) Sec. 17.23. DOPE PARAPHERNALIA. (1) Definitions. The following words and phrases when used in these regulations for the purposes of these regulations shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "Cocaine spoon": A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administercocaine,and which is so small as to be unsuited for the typical lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine" spoon or "coke" spoon. (b) "Controlled substance": Any drug, substance or immediate precursor enumerated, defined or Sup #2004-3 17-8 Rev. 7-1-04 established pursuant to the provisions of Chapter 204 Code of Iowa 1979, also known as the Uniform Controlled Substances Law. (c) "Marijuana or hashish pipe": A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. (d) "Paraphernalia": An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement, or device which is primarily adapted or designed for the administration or use of any controlled substance. (e) "Person": An individual, corporation, business trust, estate, trust, partnership or association. (2) Sale or Display Prohibited. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply orgive away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon,marijuanapipe,hashish pipe, or any otherinstrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance to any person. The prohibition contained in this section shall not apply to manufacturers, wholesalers,j obbers,licensed medical technic!ans, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawfultransportation of such paraphernalia, nor to public officers or employees while engaged in the performance o ftheir official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self injection, nor shall the prohibition of this section apply to the display of paraphernalia in the home of the owner for purely decorative purposes. (3) Violation of the provisions of this section with respect to drug paraphernalia shall be a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (Ord. No. 3003, Sec. 28, 2-23-88; Ord. No. 3497, Sec. 33, 8-25-98) (Ord. No. 2749, 5-21-80) Sec. 17.24. RESERVED. Sec. 17.25. PRECIOUS METALS, PAWNBROKERS, ITINERANT DEALERS (1) Definitions. The following words and phrases shall have the meanings respectively ascribed to them for the purpose of the regulations in section 17.25. (a) Dealer. Any pawnbroker or itinerant dealer, and any principal, employee, agent, or servant thereof, engaged in or conducting business for purchase, sale, barter, exchange, or pawn of gold, silver, platinum, including coins, and precious or semiprecious gems or stones. (b) Engaged in or conducting business. The purchase, sale, barter, pawn or exchange of any item in Sec. 17.25(1)(a), including the advertising therefor. (c) Itinerant Dealer. Any dealer as defined herein who engaged in any temporary or transient business conducted in a shop, room, hotel room, motel room or other premises rented for any duration less than thirty (30) consecutive days or used on a temporary basis. (d) Pawnbroker. Any person who shall in any manner lend or advance money or other things for profit on the pledge or possession of personal property, or other valuable things, other than securities or written evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. (Ord. No. 3323, Sec. 1, 3-28-95) (2) Dealer's Permit. (a) A dealer must apply for and obtain a dealer's annual permit prior to being engaged in or conducting business as a dealer. Such permit shall be posted conspicuously in each place of business named therein. (b) Application. To obtain a dealer's permit a dealershall file a written, sworn application on a form provided by the city clerk signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, with the city clerk showing: Sup #2004-3 17-9 Rev. 7-1-04 (i) The name or names of the principals, agents, and employees ofthe applicant's business during the time that it is proposed that such business will be carried on in the City of Ames; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person orpersons; the capacity in which such person or persons will act (as proprietor, agent, employee or otherwise); the name and the address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state it is incorporated; (ii) The place or places in the City of Ames where it is proposed to carry on the applicant's business, and the length of time during which it is proposed that said business shall be conducted; (iii) The place or places, other than the permanent place of business of the applicant, where the applicant within the six (6) months next preceding the date of said application conducted an itinerant business, stating the nature thereof and giving the p o st office and street address of any building or office in which such business was conducted; (iv) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers; (v) Credentials from the person, firm or corporation for which the applicant proposed to do business, authorizing the applicant to act as such representative. (c) Fee Requirement. Every application for a dealer's annual permit shall be accompanied by the application fee. The fee for a dealer's annual permit shall be in such amount as is set by the City Council. (Ord. No. 2941, Sec. 1, 2-4-86) (d) Issuance. Upon receipt of an application for a dealer's permit, the city clerk shall notify the Ames Chief of Police or chiel's designee who shall cause such investigation of the applicant as the Chief deems necessary for the public good, and may recommend issuance or refusal of a dealer's permit. Within ten (10) days of the filing of an application, the city clerk shall issue a dealer's permit or refuse to do so for reasons including but not limited to the following: (i) fraud, misrepresentation or false stmement of material or relevant facts contained in the application; or (ii) that the applicant has engaged in a fraudulent transaction or enterprise. (e) Appeal. If the city clerk denies an application for a dealer's permit,the city clerk shall mail to the applicant,by certified mail, a written statement of the decision with a brief statement of the reasons therefore. An appeal fromthe decision of the city clerk may be made in writing to the city manager, or manager's designee, within ten (10) days of the receipt of the decision. The written appeal shall state the specific grounds for the appeal. The city manager, or manager's designee, shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross-examine witnesses and may present evidence in his or her favor. The city manager, or manager's designee, may grant or deny the appeal. That decision shall be final. (f) Expiration. A dealer's permit shall expire on December 31 of the year in which it is issued. If a dealer's business is discontinued or moved or sold within one (1) year after issuance, the dealer's permit expires and a new permit must be obtained before the dealer's business is recommenced. The dealer's annual permit is a personal privilege and shall not be transferable, nor shall there be a partial refund of the application fee where the permit holder discontinues his business prior to December 31 of the year in which the permit was issued. (Ord. No. 2941, Sec. 1, 2-4-86) (g) Revocation. Any dealer's permit may be revoked by the city manager, or manager's designee after notice and hearing if it is found that the dealer has knowingly violated any provision of subsection 17.25. The city manager shall mail to the permit holder, by certified mail, a written notice of the hearing twenty (20) days before the hearing date. The notice shall set forth the grounds of the proposed revocation and the time and place of the hearing. At the hearing the permit holder may be represented by counsel, may cross-examine witnesses, and present evidence in his or her favor. The decision of the city manager, or manager's designee shall be final. (h) Itinerant dealers must register with the City of Ames Police Department before engaging in or conducting business each time that such dealer is in the City of Ames to conduct business. (Ord. No. 3323, Sec. 1.3-28-95) (3) Records of Transactions and Retention of Purchases. (a) Records. Every dealer shall keep at the dealer's place of business a record book in which shall be legibly recorded with ink at the time of each transaction as a dealer setting forth: Sup #2004-3 17-10 Rev. 7-1-04 (i) the time, date, place of the transaction, and type of transaction; (ii) an accurate description of the goods, articles or things purchased, bartered, exchanged, pawned or received; (iii) the signature and printed name, residence and description (consisting of the sex, date of birth, social security number,) of the person selling, pawning, bartering or exchanging the goods, articles, or things; (iv) the estimated value of each article; (v) the amount paid, advanced or loaned; and (vi) the date, name, address and phone number of the person when an item is bought or redeemed. (b) Such record book shall be kept for a period of at least ten years from the date of purchase, sale, barter, exchange or pawn. (c) Itinerant dealers. Every itinerant dealer shall present the aforesaid record book to the Police Department for inspection and photocopying before the itinerant dealer leaves the City of Ames. (d) Retention. (i) No dealer shall sell and deliver, melt, change the form of, or dispose of any item subject to Section 17.25 of the Municipal Code within ten (10) days of the acquisition of such item unless permission to do so is granted in writing by the Ames Chief of Police or his designee, except that the person who pawns an item is permitted to redeem the pawned item within the ten (10) day retention period. (ii) The City of Ames ChiefofPoliee orhis designee may inspect all items for which he grants a request to dispose of before the end of the ten (10) day retention period. (Ord. No. 3323, Sec. 1, 3-28-95) (4) Reports to ChiefofPoliee. Every dealer shall deliver the records required in subsection (3) above to the City of Ames Chief of Police or his designee every business week which deal with the transactions occurring in that period, except that an itinerant dealer shall deliverthe records required in subsection (3) above to the City of Ames Chief of Police or his designee every day which deal with the transactions occurring in that period. (Ord. No. 3323, Sec. 1, 3-28-95) (5) Inspection of Premises. Every dealer shall admit to its premises during its regular business hours, any police officerto examine its record book on the premises or in its possession, as well as articles purchased orreceived; and to search for and to take into possession any article known by that officer to have been reported missing or known or believed by the officer to have been stolen. (Ord. No. 3323, Sec. 1, 3-28-95) (6) Prohibitions. (a) No dealershall conceal, secrete or destroy for the purpose of concealing, any item purchased or acquired by him for the purpose of preventing identification thereof by a police officer or any person claiming to own the same. (b) It shall be unlawfulforany dealerin the course ofthe dealer's business or occupation to acquire, by purchase, barter, exchange or pawn, any goods from any person under eighteen (18) years of age. (c) It shallbe unlawful for any dealer to acquire,by purchase, barter, exchange or pawn, items bearing evidence ofa serialnumberwhich has been tampered with or scratched or obliterated in any manner unless such person immediately contacts the police department of the city. (d) it shall be unlawful for any dealer to acquire, by purchase, barter, exchange or pawn, any items prior to examining a picture identification with a physical description of the person selling, bartering, exchanging or pawning said articles. (Ord. No. 2938, Sec. 1, 10-15-85; Ord. No. 3323, Sec. 1, 3-28-95) gup #2004-3 17-11 Rev. 7-1-04 (7) Violation of this section shall be a municipalinfraction punishable by apenalty of $50 foraperson's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3d97, Sac. 34, 8-25-98: Ord. No. 3551, 3-7-00) See. 17,26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. (1) Each and every person engaged in residence to residence solicitation of orders for goods or services,or in residence to residence peddling of things carried along for sale, and who does not have any indoor place in the city where the same selling of goods and services is done by said person on a continuous and permanent basis, shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City Clerk. (2) Each and every person who, for the purpose ofsellinggoods or services, occupies a place out of doors, other than on public property, or who for said purpose occupies an indoor place on an intermittent or temporary basis only, and who does not have any indoorplace in the city where the same selling of goods and services is done by said person on a continuous and permanent basis, shall obtain and wear, in a manner plainly visible, a valid registration and identification badge issued by the City Clerk. (3) Each and every person engaged in residence to residence solicitation of gifts or donations who is not associated with a permanent office or home in the city where someone will receive and respond to inquiries for information and identification, shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City Clerk. (4) Forthe purposeo fregistration each person as aforesaid shall provide to the City Clerk, or Clerk's designee the following: (a) Their name, address,date ofbirth,socialsecurity number, height, weight, hair and eye color, and phone number, and ifthey do not have a permanent residence in this city, the residence and phone numberwhere they reside permanently. (b) Registration for minor children shall be done by a parent or legal guardian, or by a person bearing the notarized authorization of the child's parent or guardian. (c) Persons working foror as a part of an organized crew shall provide the name, address and phone number, as aforesaid, of the person in charge of and responsible for the crew; (d) The make, model, year, state o fregistration and licensenumbero fany and all vehicles being used in connection with the peddling or soliciting. (e) List of the products being sold and the price of each. (f) Name, address and phone number of the supplier of the product. (g) Proof of the state sales tax permit or exemption from state and federal taxing authorities. (h) Ifemployedby orworking in association with a corporation, the state of its incorporation, whether it is authorized to do b usine s s in Iowa, and evidence that the corporation has designated a resident agent within 50 miles of the City upon whom legal service may be made and that the corporation will be responsible for the acts of its employees and or associates in the City; and that the corporation is covered by the insurance specified in item 14, below. (i) A statement as to whether or not applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance other than a traffic violation, the nature of the offense and the penalty imposed. The lastmunicipalities,not exceedingthree,where applicant carriedon activities forwhich registrao tion is sought immediately preceding the date o fapplication and the addresses fromwhich such business was conducted in those cities. (5) The City Clerk may refuse to register persons who fail to furnish complete or accurate information, and registration shall be invalidated if it is found that false information was provided. Registration shall be denied if the applicant has violated this ordinance, or had registration hereunder revoked or invalidated in the past six months; or if previously convicted of any crime of fraud or violence to persons or property. (6) Each adult person shall produce a photograph-driver's license, or ifthey have no such license, a passport or other official photographic identification. Minor children's identification shall be any reasonable means that establishes the child's identity and the identity of the child's parent or guardian. (7) The identification badge shall be of a distinctive logo and design to show clearly that it has been issued by the City of Ames and shall incorporate a photograph of the registrant taken at the Clerk's office or where the Clerk directs, at the time of registration. Sup #2004-3 17-12 Rev. 7-1-04 (8) The provisions of this section do not apply in the following cases: (a) to those activities which are the subject of the provisions of the street vendors regulations set out in Sections 22.11 through 22.23 of the Ames Municipal Code; (b) to persons who make regularly scheduled route deliveries in residential areas o fgoods or services, e.g. newspaper carriers, lawn services, cable television service, dairy product delivery service; (c) to non-profit groups or events associated with some permanent office or home in the city where someone will receive and respond to inquiries for information about the sale or solicitation and identification of the persons involved. (9) The aforesaid registration badge shall be valid for sixty days from its date of issuance. (10) No person shall engage in the activities described in Subsections (1)and (3)above,between the time of sunset and sunrise. (11) Persons found to be acting in violation ofthis section shallbe ordered by the police to ceaseimmediately until in compliance with this section. Failure or refusal to obey such order shall be punishable as a misdemeanor. (12) Persons obtaining the registration badge pursuant to this section shall pay such fee as the Ames City Council shall set, from time to time, to cover costs of administration and enforcement of the provisions of this section. When three (3) or more businesses intending activity described in subsection (2) (Transient Merchants) are brought together at one place under the auspices of a non-selling organization that performs the required registration tasks for each of the persons to be so engaged, and brings that completed material to the City Clerk in advance of the selling event, only a single registration fee shall be charged, and photographs shall not be required. When persons as aforesaid come together at one place under the auspices of an organization exempted by subsection (8), no registration or fee shall be required. (13) The City Clerkmay, afterreasonable notice and opportunity forhearing, revoke any licenseissued under this division where the licensee, in the application for the license or in the course of conducting his/her business has made fraudulent, false, or incorrect statements, or has violated this ordinance of the City of Ames, or has otherwise conducted the activity forwhich registered in an unlawful manner. Notice of the hearing forrevocation o fa license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. (14) All applicants shall provide proof of general liability insurance including products liability in the amount of $500,000 combined single limits. A certificate of insurance shall be delivered to the City Clerk prior to the issuance of a license. The CityofAmes and its employees shall be named as additional insureds against any liabilities that may arise in connection with the licensees. (Ord. 2974, Sec. 1, 5-5-87; Ord. No. 2981, Sec. 1, 7-7-87; Ord. 2979, 6-23-87; Ord. No. 3301, Sec. 1, 9-27-94) (15) Violation ofthis section shall be a municipalinfraction punishable by a penalty o rS100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be chargedby a peace office of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 34, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.27. BEER KEG PARTY REGULATIONS (1) Permit Required. It is unlawful for any person other than a licensed beer permit holder on licensed premises to hold an event where more than one beer keg tapper is to be used at or about the same time without first obtaining a permit from the Ames Chief of Police or the Chief's designee. A beer keg tapper is any apparatus used to draw or remove beer from a keg. Said permit may be obtained only by a naturalperson. Issuance of the permit will allow dispensing o fbeer fromnot more than two tappers concurrently. The permit shall not be issued to corporations, associa- tions, or groups of people. Said permit must be obtained at least twenty-four hours before the event. Any person seeking such permit shall make an application, on such form as the Chief of Police may provide, stating: (a) The name and address of the applicant. Sup #2004-3 17-13 Rev. 7-1-04 (b) The name and address of the person, group, organization or association sponsoring the event if different from the applicant. (c) The date and time and location of the event for which the permit is desired. (d) An estimate of the number of persons anticipated to attend the event. (e) Any other information which the Chief of Police shall reasonably find necessary to a fair and proper determination of whether the permit should be issued. (Ord. No. 3040, Sec. 1, 3-28-89) (2) Standards. The said permit shall not be issued unless the Chief of Police finds that: (a) A sufficient number of trash receptacles will be provided on the site of the event. (b) One restroom/toilet facility, eitherpermanent or temporary, will be provided on the event site for each fifty (50) persons expected to attend the event. (c) The site of the event, if out of doors shall be clearly marked, and roped off or otherwise contained within limiting boundaries. (d) The application is signed by an adult person who knowingly assumes full responsibility for meeting the requirements of this section, and for the event itself. (e) The permit fee in the amount that shall be set by the City Council fromtime to time to cover costs of administration and enforcement, has been paid. (f) That the proposed event will not unreasonably interfere with or detract from the general public or private enjoyment of the neighborhood where the event is to be held. (g) That the proposed event will not unreasonably interfere with or detract fromthe promotion of the public health, welfare, safety and recreation. (h) That the proposed event is not reasonably likely to incite violence, disorderly conduct or other crime. (i) That the proposed event will not entail unusual, extraordinary or burdensome expense to the city. (j) That the applicant has the financial resources to meet the obligation and responsibilities of a person issued a permit under this section. In that regard the Police Chief may require proof of such insurance as is reasonable under the circumstances and require the applicant to post a satisfactory surety bond conditioned on meeting the performance obligations imposed on the person who obtains a permit under this section. (3) Responsibilities - Permit Holder. The person to whom a permit is issued pursuant to this section, hereafter called "permit holder" shall have the following duties and responsibilities with respect to the event for which the permit is issued: (a) Attend a briefing session to be conducted by the Chief of Police or the Chief's representative in regard to allmatters pertaining to the event. Such briefing shall include information on city ordinances concerning litter, open liquor containers, consuming beeron city streets, parking, noise, disturbance of the peace, serving beer or liquor to underage persons or to intoxicated persons. (b) Cause the permit to be displayed in a conspicuous place,at the event site, along with the address and telephone at which the permit holder may be reached during and after the event. (c) Clean up the event site,including the streets and private property adjoining the event site on all sides. (d) Contact the police department after party preparations are made but before the beginning of the event to arrange for a pre-party inspection. A police department representative will visit the site and conduct an inspection to verify conformance to the application. (Ord. No. 3040, Sec. 2, 3-28-89) (4) Responsibilities-Property Owner. It shall be unlawful for a property owner or a person in control of real estate to knowingly allow an event as described in this section to occur or continue without the required permit. Sup #2004-3 17-14 Rev. 7-1-04 (5) Other Laws. A permit holder shall be bound by all applicable ordinances of the city and all applicable statutes of the State of Iowa, including state law requiring a permit or license for the sale of beer. The issuance of a permit under this section shall not constitute any advice or assurance that the event will be in compliance with Iowa law or other city ordinances. (6) Revocation. The Chief of Police may, after notice and opportunity to correct the problem, revoke a permit and order the event to cease forthwith upon finding of a violation of this section, or any other law pertaining to the event, or upon reasonable cause to believe that the event is occasioning an unreasonable risk of harm to persons or property. (7) Vehicular Keg Carriers Regulated. It shall be unlawful for the owner or operator of any vehicle upon or in which more than one keg of beer can be used to dispensebeerto fail to notify the Police Chief at least twenty-four hours in advance of said vehicles use for the dispensing of beer. Said owner or operator shall also advise the Police Chief of an estimate of the number of such kegs to be dispensed. (Ord. No. 3041, Sec. 1, 3-28-89) (8) Keg Limits. Not more than two kegs may be tapped at once. The number of kegs on the premises during the event shall not exceed the number determined from the following matrix: (Ord. No. 3041, Sec. 1, 3-28-89 Sup #2004-3 17-15 Rev. 7-1-04 N ~n n~ n~ n~ n~ 17 l? 1~ ~ M B E G N E s e.g. For a party with 100 people lasting 4 hours, no more than two kegs are allowed. Sup #2004-3 17-16 Rev. 7-1-04 However, the number of said kegs at the event shall not be more than ten without the expressed prior authorization of the Ames City Council. (Ord. No. 3041, Sec. 1, 3-28-89) (9) Pre-Party Inspection Required. At the time the permit is applied for the applicant shall specify the times that the event will begin and end. The applicant shall at that time arrange when the police department may make a pre-party inspection to determine that all preparations have been made in accordance with the application and the requirements of the city code. At the time of the pre-party inspection all kegs to be used shall be at the site to be marked or tagged for identification by the police. It shall be a violation to have a keg not so marked on the site during the event. (Ord. No. 3041, Sec. 1, 3-28-89) (10) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. 2986, Sec. 1, 9-22-87; Ord. No. 3003, Sec. 30, 2-23-88; Ord. No. 3041, Sec. 1, 3-28-89; Ord. No. 3497, Sec. 36, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.28. SKATEBOARDS PROHIBITED IN CERTAIN LOCATIONS, WAIVER. 1) In the area bounded by the south line of Lincoln Way on the south, the north line of Sixth Street on the north, the east line of Duff Avenue on the east and a line along the westernmost edge of Pearle Avenue extended north to the north line of Sixth Street and south to the south line of Lincoln Way, the riding or use of skateboards and similar devices is prohibited in or on any part of the city streets, alleys, sidewalks or parking areas, and in or on any part of any city building or city property within said area, except as hereinafter provided. 2) The above stated prohibition may be waived by the City Council with respect to such segments of the city streets, alleys, sidewalks, or parking areas as shall have been temporarily closed by the City Council for normal traffic in order to accommodate a special event. (Ord. No. 2991, Sec. 1, 10-20-87; Ord. No. 3014, Sec. 1, 7-5-88; Ord. No. 3054, Sec. 1, 6-27-89; Ord. No. 3059, Sec. 1, 8-22-89; Ord. No. 3444, Sec. 1, 7-8-97) (3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 37, 8-25-98; Ord. No. 3551, 3-7-00) See. 17.29. SNOWMOBILES RESTRICTED. (1) The operation of snowmobiles on any property of the City of Ames, including parks operated by the city, or on any part or portion of the right-of-way of any public street, alley, highway, road, or bicycle path, including the crossing thereof, is prohibited except at such places in city parks as shall be authorized by the Parks and Recreation Commission, and such other places as may be expressly authorized by the City Council. To the extent allowed by the laws of the State of Iowa, snowmobiles may be used for emergency purposes anywhere, anytime. (2) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3009, Sec. 1, 4-12-88; Ord. No. 3497, Sec. 38, 8-25-98; Ord. No. 355l, 3-7-00) Sup #2004-3 17-17 Rev. 7-1-04 Sec. 17.30. NUISANCE PARTY REGULATIONS. (1) Nuisance Party Defined. A social gathering or party which is conducted on premises within the City and which, by reason of the conduct of those persons in attendance, results in any one or more of the following conditions of events occurring at the site of the said party or social gathering, or on neighboring public or private property: public intoxication; unlawful consumption of beer, wine or alcoholic beverages in a public place; outdoor urination or defecation in a public place; the unlawful sale, furnishing, dispensing or consumption of beer, wine or alcoholic beverages; underage or unlawful possession of beer, wine, or alcoholic beverages; the unlawful deposit of litter or refuse; the damage or destruction of property without the consent of the property owner; unlawful pedestrian or vehicular traffic; standing or parking of vehicles that obstructs the free flow of traffic on the public streets and sidewalks or that impedes the ability to render emergency services; unlawfully loud noise; fighting; or, any other conduct or condition that threatens injury to persons or damage to property is hereby declared to be an unlawful public nuisance. (Ord. No. 3607, 2-13-01) (2) Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise having any possessory control, individually or jointly with others, of any premises who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes a public nuisance as defined in subsection (1) above, and which nuisance is either the intentional result of, or within the reasonable expectations of, the person or persons having such possessory control is deemed to be in violation of this section. (3) A party or social gathering that is or becomes a public nuisance as defined in subsection (1) above shall cease and disperse immediately upon the order of any officer of the Ames Police Department; and, all persons not domiciled at the site of such social gathering or party shall leave the premises immediately. Any person who fails or refuses to obey and abide by such order shall be guilty of a violation of this section. (Ord. No. 3475, Sec. 1, 2-24-98; Ord No. 3772, 6-25-04) (4) Violation of this section shall be a municipal infraction punishable by a penalty of $100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 39, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.31. TOUCHING OF CERTAIN ENTERTAINERS REGULATED. (1) No person appearing as an entertainer on commercial premises subject to an Iowa liquor license or beer permit, or on premises of an 'adult entertainment business' within the meaning of Section 29.83, Ames Municipal Code, shall fondle, caress or sit on the lap of any customer on said premises if the entertainer presents a performance on the premises while nude or so attired as to leave exposed the entertainer's genitals, or pubic hair, or anus, or buttocks, or female breast, or female breast with only the nipple covered. (2) No person present as a customer on commercial premises subject to an Iowa liquor license or beer permit, or on premises of an 'adult entertainment business' within the meaning of Section 29.83, Ames Municipal Code, shall fondle, caress or sit on the lap of any entertainer on said premises if the entertainer presents a performance on the premises while nude or so attired as to leave exposed the entertainer's genitals, or pubic hair, or anus, or buttocks, or female breast, or female breast with only the nipple covered. (3) "Fondle" or "caress" shall mean to bring any part of the body into contact with the body of another, in a sportive or affectionate manner, for the purpose of producing or experiencing sexual arousal or excitement. (Ord. No. 3401, Sec. 1, 9-24-96; Ord. No. 3404, Sec. 1, 10-8-96) (4) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3497. Sec. 40, 8-25-98; Ord. No. 3551, 3-7-00) Sup #2004-3 17-18 Rev. 7-1-04 Sec. 17.32. PREVENTION OF CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS AT PARTIES. (1) Any person who is an owner, Occupant, tenant, or otherwise having a possessory control, individually or jointly with others, of any premises, who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises shall take reasonable measures to prevent persons under the legal age from consuming or obtaining on said premises any beer, wine or alcoholic beverage except in the case of beer, wine, or alcoholic beverage given or dispensed to a person under the legal age within a private home and with the knowledge, presence, and consent of the parent or guardian. Said reasonable measures shall include, by way of specification but not limitation, summoning police to the premises to aid in ending and dispersing the social gathering or party at which it appears likely that underage persons either have or will obtain or consume beer, wine, or other alcoholic beverages. (2) If there has been an arrest of a person or persons of less than the legal age for possession and consumption of alcoholic beverages for obtaining said beverages at a certain party or social gathering, the said Chief of Police or designee shall order that party or social gathering to end, and shall order all persons not domiciled at the site of such social gathering or party to leave the premises immediately. Any person who fails or refuses to obey and abide by such order shall be guilty ora violation of this section. (Ord. No. 3474, Sec. 1, 2-24-98) (4) Violation of this section shall be a municipal infraction punishable by a penalty of $100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor. (Ord. No. 3497, Sec. 41, 8-25-98; Ord. No. 3551, 3-7-00) Sec. 17.33. PROVISION OF TOBACCO PRODUCTS TO MINORS. (1) A person shall not sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. Violation of this subsection shall be a municipal infraction punishable by a penalty of $300 for a person's first violation and $750.00 for each repeat violation; and, alternatively a violation of this subsection can be charged by a peace officer of the City as a simple misdemeanor. (2) If the holder of a permit issued by the Iowa Department of Revenue and Finance under Chapter 453A Code of Iowa, or any employee of such permittee, during the course of the permittee's business, knowingly sells or otherwise supplies any cigarette or other tobacco product to any person under eighteen years of age, or fails to take reasonable measures to ascertain whether that person is eighteen or more years of age, the said permittee shall have committed a municipal infraction punishable by a penalty of $300 for that permittee's first such violation and $750.00 for each repeat violation. (Ord. No. 3575, 7-11-00) See. 17.34. RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS (1) Standards: It shall be a violation of this section for any landowner or person leasing, occupying or having control of any real property used for residential purposes, to keep, maintain, deposit or perform or permit on such property the outdoor use, outdoor storage or outdoor placement of household appliances, household furniture, or household furnishings, unless such items are designed for outdoor use and are used on the premises for purposes of the household. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. A porch is a platform completely covered by a roof located at and attached to or abutting against the entrance to a building. Screens are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow. (2) Costs of Abatement: Pursuant to subsection 364.22(9) Code of Iowa, when judgment has been entered for a violation of this section, a court order shall be sought to authorize the City to abate or correct the violation and order that the City's costs for such abatement or correction of the violation be entered as a personal judgment against the defendant, or assessed against the property, or both. (3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation, $100 for a person's second violation, and $250 for a person's third and each succeeding violation. Sup #2004-3 17-19 Rev. 7-1-04 (Ord. No. 3707, 4/8/03) Sup #2004-3 17-20 Rev. 7-1-04 City of Oskaloosa Oskaloosa, Iowa 52577 · Telephone: (641) 673-9431 December 16, 2004 Ernest Lehman, Mayor City of Iowa City 410 E Washington Street Iowa City, Iowa 52240 Dear Mayor Lehman: Please accept my letter in response to your letter dated December 8, 2004 to Mayor Rielly. Mayor Rielly resigned from his position as mayor of Oskaloosa effective December 10 as he was elected to the Iowa Senate in November. In 1994 Oskaloosa passed an ordinance that prohibited underage patrons into establishments that hold a liquor control license, wine or beer permit that authorizes on-the-premises consumption. There are exceptions to this restriction, namely if the premise has more than 50% of gross sales from other goods and services; a special event permit is issued; or the underage person is accompanied by a parent, legal guardian or spouse who is of legal age. This ordinance has been used over the years when the police department comes upon underage people in local bars. It has also been used to build a case against a local bar owner that eventually led to the city denying a permit, and the owner selling the establishment. While it has not stopped underage persons from going into bars, it has served as an additional tool for the police department and city officials to use to help control some of the underage drinking. Sincerely, Donald L. Sandor City Manager dls/mj City of Lamoni 190 S Chestnut Lamoni, IA 50140 Phone 641-784-6311 Fax 641-784-7921 December 14, 2004 Ernest W. Lehman, Mayor 410 E Washington Street Iowa City, IA 52240 Dear Mayor Lehman, Thank You for your concern about alcohol abuse in Iowa college communities. Lamoni and Graceland University are smaller than Iowa City and University of Iowa, but the problems are still the same. The biggest problem we have is off campus parties where underage drinking and binge drinking can occur with little or no control. High School students in Lamoni have been trying to get a "Kegger" law passed requiring a number be placed on all kegs sold so if it shows up at a house where underage drinking occurs the responsibility can be placed on the purchaser. The City of Lamoni also does not allow "Bon-Fires" after 1 lp.m. because many parties try to copy the "survivor type" scene that ushers in ritual type drinking. We only have one tavern on town so it is monitored closely. However many students drive to near by towns, then become involved in an accident or stopped due to OMVI. The more monitoring that goes on the better the chance of stopping alcohol abuse. Stricter laws should be made on the landlord tenant contracts that forbid binge drinking on premise. Maybe more accountability for landlords as well. I feel that a three pronged approach of education, accountability, and monitoring could help in curbing the rise in alcohol abuse for college age and the rest of the population as well. I would be glad to hear of other ideas as well. Sincerely, City of Lamoni O TTUMWA C I T Y 0 F B R I D G E December 17, 2004 Mayor Ernest W. Lehman City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Mayor Lehman, I am in receipt of your letter dated December 8th and I share your concern regarding the abuse of alcohol by underage persons,, particularly our college populations. This is not a unique problem to any one community, but is an ongoing issue that we all face. As host to Indian Hills Community College and Buena Vista University, we have experienced our own challenges with underage drinking. As a result, we've developed a three-phase attack to combat underage drinking. First, in 1995 the Ottumwa City Council passed an ordinance that prohibits persons under the age of twenty-one from being on the premises of a licensed liquor establishment where more than 50 percent of its business is from the sale or dispensing of alcoholic beverages. This allows underage persons to be inside restaurants that might serve beer or cocktails, but keeps them out of bars and taverns. Ifa minor is found in a bar, the ordinance allows the minor to be charged as well as the bar owner. The police department regularly conducts bar checks to ensure compliance with the law. I believe the passage of the ordinance as well as its enforcement has been important in reducing underage drinking in our community. Second, our police department has a zero tolerance policy for underage drinking and strictly enforces underage drinking laws. The department also conducts special alcohol enforcement projects directed at underage drinking on nights traditionally known for such activity, such as prom night and graduation night. The zero tolerance policy resulted in 241 minors being charged with possession of alcohol in 2003. Finally, the police department partners with local retailers to help reduce the sale of alcohol to underage persons. The department offers training classes to area businesses on how to properly read drivers licenses and how to identify fake ID's. The police also periodically use minors to check the compliance rate of local businesses with laws prohibiting the sale of alcohol to underage persons. We have found that most of our retailers are conscientious and do everything they can to discourage and keep their employees from selling alcohol to minors. City of Ottumwa 105 East Third Street, Ottumwa, Iowa 52501 Telephone 641-683-0600 Fax 641-683-0613 Mayor Lehman December 17, 2004 Page 2 I believe these actions have helped reduce the amount of underage drinking in our community, but I would also be interested in what others have tried and to what effect. Please let me know if I can participate in your discussions in any other way. Sincerely, aleUehllng,~ Date: April 28, 2005 To: City Council From: Kathi Johansen, Administrative Assistant to the City Manager Re: Deer Management Task Force Recommendation On March 22, 2005, the Deer Management Task Force made a recommendation "that the Iowa City City Council allow bow hunting on private property and on designated City property, subject to DNR rules and procedures". You will find the Final/Approved minutes from this meeting in your Information packet. Enclosed please find information items relating to the Task Force recommendation concerning bow hunting. 1. Bow Hunting Rationale by the Iowa City Deer Management Task Force 2. Jan Ashman, Deer Task Force member, Dissenting Opinion 3. Pat Farrant, Deer Task Force member, Dissenting Opinion 4. Pete Sidwell, Deer Task Force member, Dissenting Opinion 5. Memorandum from the City Manager 6. Bow hunting ordinances for the City of Coralville, City of Dubuque, City of Bettendoff, City of Des Moines, City of Marion. 7. Included in your Information Packet are final minutes of the Deer Management Task Force meeting for April 19, 2005 with the following recommendation: The Deer Task Force recommends to City Council that the City request the necessary authorization from the IDNR for 2005-2006 Deer Management by sharpshooting and bow hunting, under the guidance of IDNR. Thank you. Attachment 4-26-05 Bow Hunting Rationale by Iowa City Deer Management Task Force At the March 22, 2005 meeting the Deer Management Task Force made the recommendation "that the Iowa City Council allow bow hunting on private property and on designated City property, subject to DNR rules and procedures". The motion carried by a vote of five to two (with two of the nine members absent). This recommendation represents a new direction for the Task Force, albeit an evolutionary one, not rapidly arrived at, but developed after discussion over several years. In previous years, including the fall of 2004, the Task Force deferred consideration of bow hunting due to time constraints required for amendment of City code and organization of regulated bow hunting. A bow hunting component is consistent with the Long-Term Deer Management Plan that speaks to this option in item 5 of the plan. The following summarize the primary points of discussion. An additional method is needed to reduce and limit deer population Sharpshooting has proven very effective in reducing deer numbers in certain areas of the City where access has been convenient for White Buffalo staff. For example, aerial deer counts on the peninsula dropped from 154 in 1999 to 19 this January. However, zones such as Dubuque to Dodge, Hickory Hill/ACT, and North of 1-80 have remained above the goal of 35 per sq. mile in the majority of years since control measures began. On the west side of Iowa City citizen complaints about plant damage, deer-traffic accidents, and deer counts are of increasing concern. A regulated bow hunting option clearly should be available for property owners (through granting permission to certified bow hunters) in those areas where sharpshooting has proven impractical. Bow hunting can also help maintain populations in those zones where sharpshooting has succeeded. Moreover, the presence of hunters for several months is likely to reduce the number of deer finding areas of safe refuge in the City. Thus, there will be some reduction in population without killing. (This effect is not achieved by sharpshooting for a brief period over bait). Cost considerations Although the Task Force favors continued use of sharpshooting in selected areas of the City, cost considerations support use of bow hunting to minimize City expenses of bringing populations to the established goals. Sharpshooting activities in February, 2005 cost the City $60,081 (not including staff administrative time). With 154 deer killed, the cost was $390 per deer. In contrast, individual bow hunters would be charged for deer tags, and the only City expense would be for administrative staff and police involvement. Public safety Public safety is of primary importance in any urban deer population control plan. Bow hunters would be required to attend a hunter safety course, pass a proficiency test, and minimal distance limitations with respect to adjacent properties would be in place. Bow-hunting accidents do occur, but these result from hunters falling from tree-stands or otherwise injuring themselves. Risks from fired arrows appear negligible as reports of other urban bow hunts mention no injuries or threats to the general public. To put matters into perspective, the greatest public risk comes from ignoring deer over-population, as nearly 200 people die annually from deer-vehicle accidents nation-wide. City code does currently permit target shooting by bow and arrow with only the stipulation that the person "exercises due care and caution". Once again as a matter of perspective, which is the greater risk: that of a beginner target shooting in a backyard, or of a certified, experienced hunter in the woods? Bow hunting experiences in other cities and in Iowa City A Task Force member gathered information about the procedures and experiences of several Iowa cities that utilize regulated bow hunting to manage urban deer populations. Contacts were made with one or more city staff members in Bettendorf, Cedar Falls/Waterloo, Coralville, Des Moines, Dubuque, Marion, and University Heights. These staff describe remarkably uneventful bow hunts with respect to problems and citizen complaints. Reports of deer surviving with a visible arrow range from none in Des Moines to "two or three in ten years" in Cedar Falls/Waterloo. Coralville began regulated bow hunting in 1999, and over 500 deer have been killed in the six-year period. Occasional incidents include parking violations, concern about hunting in proximity to trailsl and a complaint about an exposed carcass when a pick-up truck cover flew off. It should be noted that the Johnson County Conservation Board will allow bow hunting in Kent Park again in 2005-6, and will not close the Park during bow hunting season. What is Iowa City's experience with bow hunting? Until 1997 City code did not specifically prohibit bow hunting in Iowa City and unregulated hunting took place guided only by general DNR rules. Task Force members recall no problems, complaints, or even an awareness of bow hunting in City limits. This pre-1997 experience is relevant to the expectation that regulated deer bow hunting will be innocuous and invisible to most of the citizens of Iowa City. Regulations and requirements for Iowa City bow hunting Task Force members agree that details of special requirements need to be formulated with involvement of the Police Department, other City departments, and DNR representatives. The Task Force does not recommend specific details of implementation, following legal advice (Sue Dulek) that it would be unnecessary at this time. The group can draw from the plans and experiences of other Iowa communities. Some of the common, key requirements are: safety training, demonstrated proficiency, and orientation of hunters; permission of property owners; and abiding by DNR regulations. Regulations that closely match those of Coralville would assure the availability of a large pool of local bow hunters experienced in the special demands of urban bow hunting. Task Force members who oppose bow hunting as a management tool do so because they feel the method is inhumane. The necessity for compromise during the initial "Deer Committee" deliberations in 1997-1998 permitted inclusion of the requirement that deer death be "instantaneous and painless". The majority of current Task Force members are less concerned about this philosophical goal, than the fact that bow hunting represents a legal, generally accepted method for killing wild animals throughout the Country. A decade of controlled urban deer bow hunting demonstrates that the practice is safe for the general public, effective in reducing or controlling deer population, and cost-effective in comparison with professional sharpshooting. Indeed this is the conclusion of every other city in eastern Iowa that practices active deer population management. Bow Hunting? No Thanks: a dissenting opinion from Janet Ashman to the City Council of Iowa City As we appropriate wildlife habitat for our use, we dislocate hundreds of thousands of animals each year. The resulting habit loss drastically changes territories and negatively impacts the predator/prey balance. Add to that, we've been manipulating the population of deer for decades. Now, when deer eat the red tulips and arborvitae we plant on what used to be their territory, and they have the nerve to leap out in front of our cars, we refer to them as pests and can't wait to kill them, literally. What kind of stewardship is that? These are my deer, too. And if, after all this, we deem they must die, I will settle for nothing less than a humane death: one that is instantaneous--thus as painless and free of suffering as possible. Why? Because the capacity to suffer is the critical similarity between humans and all other animals. It binds us together and places us in the same moral category. Of course, this principle of "the equality of all beings" is not a description of an actual equality among all beings. It's a "bigger picture" prescription of how we should treat all beings. I stay on this committee because I care about how animals are treated--how they live and how they die, especially at the hands of humans. The Emperor's New Clothes It's important to note that from the start, our local DNR folks (especially Tim Thompson) have consistently made themselves available to us and have played a helpful role in our deliberations, as we have tried to make sense out of deer population control. Our deer task force has met since 1997, but one subject rarely gets any coverage: why are we in this predicament? I believe the burden is on the IDNR to effectively limit deer populations to numbers sustainable by what's left of their natural habitat. It is inconceivable to me that they are "unable" to do so. Current policies of wildlife and land management agencies exacerbate deer overpopulation to provide a population large enough to suit sport hunters (who ironically account for only 4-8% of the human population). The over abundance of deer stems not only from the mismanagement of deer populations, but from the mismanagement of forestlands and natural areas. Until the IDNR is confronted by a broader range of the stakeholders (e.g., homeowners, land developers, hikers, gardeners, cities, deer advocates, farmers, law enforcement, the insurance industry, ecologists, drivers, humane societies, etc.) affected by deer populations who have something to say about how their wildlife and lands are being mismanaged, little will change. As a long-time member of the task force, I am particularly puzzled about the lack of IDNR confrontation by some very significant stakeholders--the many city/town governments of Iowa who have been held hostage and forced to become natural resource gurus in hopes of resolving their local habitat issues with their own resources. Until we approach this from an ecosystem perspective rather than a recreational hunting perspective, the deer population will continue to be "managed" using something called the maximum sustained yield (MSY), a concept from the 1970s that is no longer considered scientifically valid or appropriate. Death by Arrow is Not Humane Bow-hunting proponents continue to claim that this method of killing is humane--bleeding to death (i.e., exsanguination) doesn't take all that long and shouldn't hurt much because the arrows are very sharp. Despite this claim, I have not found a single scientific study to support that death by arrow is humane. Much to the contrary, the American Veterinary Medical Association (AVMA) 2000 Report of the Panel on Euthanasia states: Welfare issues are increasingly being identified in the management of free-ranging wildlife, and the need for humane euthanasia guidelines in this context is great (p. 671). In the context of this report, euthanasia is the act of inducing humane death in an animal. It is our responsibility as veterinarians and human beings to ensure that if an animal's life is to be taken, it is done with the highest degree of respect, and with an emphasis on making the death as painless and distress free as possible (p. 672). Ethical considerations that must be addressed when euthanizing healthy and unwanted animal reflect professional and societal concerns. (p. 673) When animals must be euthanized / killed, either as individuals or in larger groups, moral and ethical concerns dictate that humane practices be observed Janet Ashman · 903 Fifth Ave · Iowa City · IA 52240 · daytime phone: 335-1496 · Submitted 4/27/05 (p. 674). For death to be painless and distress free, loss of consciousness should precede loss of motor activity (muscle movement) (p. 675). Physical disruption of brain activity, caused by concussion, direct destruction of the brain, or electrical depolarization of neurons, induce rapid loss of consciousness (p. 675). Physical methods of euthanasia include captive bolt, gunshot, cervical dislocation, decapitation, electrocution, microwave irradiation, kill traps, thoracic compression, exsanguination, stunning, and pithing (p. 681). A properly placed gunshot can cause immediate insensibility and humane death .... For wildlife and other freely roaming animals, the preferred target area should be the head.... A gunshot to the heart or neck does not immediately render animals unconscious and thus is not considered to meet the panel's definition of euthanasia (p. 682). Exsanguination, stunning, and pithing are not recommended as a sole means of euthanasia, but should be considered adjuncts to other agents or means (p. 681). Exsanguination can be used to ensure death subsequent to stunning or in otherwise unconscious animals. Because anxiety is associated with extreme hypovolemia !massive blood loss,]* exsanguination must not be used as a sole means of euthanasia (p. 684). Conditions found in the field, although more challenging than those that are controlled, do not in any way reduce or minimize the ethical obligation of the responsible individual to reduce pain and distress to the greatest extent possible during the taking of an animal's life (p. 686). *brackets mine If bow hunting is such a humane, effective, and efficient way to kill an animal, why is it that zero percent of the bow hunters I've asked say they would consider using this method when it comes time for their hunting dog, family pet, or livestock to be euthanized? Currently, the only lethal method that meets the "is it humane/safe/effective/affordable/legal/acceptable to the community" criteria established by this group during its first year is sharpshooting. As humans making decisions about life and death, I feel we have an ethical obligation to look beyond convenience and the opportunity for entertainment. In addition, to allow bow hunting within the confines of Iowa City would require a substantive change in the city code (Title 8, chapter 3, §8-3-3A) that the Iowa City Animal Control Advisory Board (of which I was a member--1995- 1999) worked very carefully to craft. The inclusiveness of the language sends an unmistakable message about animal protection. Making exceptions in this portion of the code would result in an attenuated, mixed message. A Few Comments on this Year's Disturbing Group Process Considering the controversial nature of deer management, it stands to reason that divergent views are brought to the table--views born of differing values and mores. Throughout past years, I have been amazed to see how effectively and efficiently the groups have been able to do their work. When everyone's voice is heard and views, values, and mores are respected, individuals are more likely to give and take on certain issues. A few seeds of discontent were sown last summer with the following letter that appeared on the Ted Nugent Adventure Outdoors web site at <http://www. tednugent.com/members/ia_801.shtml> from one of the Tribe Nuge Eastern Iowa Area Directors to "keep in touch with the local Iowa warriors." -text begins here- Howdy Iowa Blood Brother's & Sister's. I hope everyone's summer is going good and that you're all getting psyched for our upcoming hunting seasons. I know I am. I want to give all the new members that joined us in the past couple of months a big Welcome Aboard! Don't hesitate to contact any of us directors with suggestions on projects or anything you feel we should or could do to upgrade our great state. Right now I am working on gathering data from cities that hold bow hunts to control their deer herds, as we are going to HAMMER on Iowa City about using sharpshooters instead of allowing US to control the herd. If anyone would be interested in attending an Iowa City city council meeting with me to drill them on this issue, let me know. The more the merrier! Janet Ashman · 903 Fifth Ave · Iowa City · IA 52240 · daytime phone: 335-1496 · Submitted4/27/05 Jon, Dave and I are still working on the CCW issue for the state. It's going to take a while, but we'll get there, and we WILL get this state's CCW changed from May Issue to Shall Issue. We'll keep you posted on our progress as things develop. Lastly, I want to welcome and thank our newest Regional Director, Maj. Dave Lewis. Dave will be handling the East Central Iowa Region and will be getting everyone his contact info soon. Joel Flack Eastern Iowa Area Director Home: 319-354-9219 Cell: 319-631-3966 E-Mail: BurntFFg@msn.com -text ends here- Mr. Flack attended a number of Deer Task Force meetings this year and spoke anecdotally at great length during citizen comment time about the humane nature of death by arrow. The lack of consistent meeting attendance and the particular mix of people this year have taken a toll on group process. The tone of this year's group is decidedly acrimonious. Attempts to identify common ground are thwarted by intolerance and disrespect. How could individuals who can't demonstrate simple respect for one another, begin to demonstrate any respect for non-human animals? In my view, this year's group process is dysfunctional at best. Janet Ashman · 903 Fifth Ave · Iowa City · lA 52240 · daytime phone: 335-1496 · Submitted 4/27/05 Why I don't support the recommendation of the Deer Task Force, 2005 · This year, there was simply no pattern of sustained, meaningful interaction among Task Force members. At least three and possibly more members appear to have come to this year's group with a single personal objective in mind--they wanted, and were going to get, a bow hunt. · Some members did not consistently attend meetings; some came late and left early. Some attempts at dialogue failed simply because some members were clearly unprepared and, as a result, we wasted valuable time going over and over operational issues like schedules and chronologies. Some members were often rude and imperious in their refusal to engage in substantive discussion. · When those who did want to consider the full set of issues related to management of Iowa City's deer population attempted to begin a discussion, one of the new members decided to call the question. A vote on bow hunting was taken and further discussion was effectively shut off. · The recommendation dismisses in just a few closing sentences one of the most significant matters the Task Force has regularly addressed in the course of its deliberations over the years. It has been a concern expressed even by those citizens who favor a deer kill: choosing humane methods of killing deer. At Council's invitation a few months ago, I participated in a discussion on the general topic of"making the decision to kill and choosing a kill method." I stressed then that even among those who have been adamant about the need to reduce the deer population, most people have wanted assurance that deer would be killed humanely. · No one has been able to identify a single study concluding that death by a bow and arrow wound is humane, within the simple definition the original Task Force came to consensus about: a death that is instantaneous and painless. Indeed, the guidelines of the American Veterinary Medical Association specify that the only humane way to kill most wildlife is by an appropriately placed gun shot to the head. · For these reasons and because I do not wish to invalidate the work that Task Force members have done since the mid-1990s, I cannot support the recommendation made this year. Pat Farrant April 28, 2005 Dissenting Opinion - Recommendation to allow bow hunting within Iowa City limits to assist in the control of the deer population. I disagree with the recommendation for the following reasons: - Death by arrow, in my opinion, is not a humane way for a deer or any other living creature to die. Nothing provided in the documentation for the recommendation has shown otherwise. We are the ones that have altered the environment which has created the situation. If we have to kill the deer I feel we should as least do it in the most humane way possible. - I do not feel that bow hunting is or would be supported by the majority of Iowa City residents. - The employees of White Buffalo are experts in their field. The weekend bow hunter is not. A bullet to the head, in most cases, results in instantaneous death. An arrow somewhere in the body of a deer does not. The thought of a live, or near death, deer with an arrow somewhere in its body does not appeal to me or, in my opinion, will it to most of the Iowa City population. Pete Sidwell Member - Iowa City Deer Task Force Date: April 25, 2005 To: City Council From: City Manager Re: Deer Management Task Force Recommendation Many of us will recall the creation of the Deer Management Task Force in 1997. Their charge was to determine what steps could be taken to implement a deer management plan to help control the growing deer herd in our community and thereby reduce damage to property, decrease the occurrence of deer-vehicle accidents, and in general reduce the number of citizen complaints about damage done by deer. The Deer Management Task Force has, until this year, recommended sharpshooting as the method of kill. Among the other options they have considered each year and rejected has been bow hunting. The Task Force has recently recommended the Council give consideration to bow hunting as part of the City's deer reduction plan for the coming year. The purpose of this memo is to express to you my concern over the potential for deer hunting by bow and arrow in our community. Our previous policies have been deer reduction by rifle shot, controlled and managed by City contractors. Deer management was not intended to create sport hunting opportunities in an urban environment. I believe it is important we be reminded the overall goal has been to reduce the deer herd. The current policy is simple in that we will conduct a contracted deer kill (by rifle shot). This involves a process of baiting and killing deer, with the animal meat processed and given to disadvantaged families. I believe we have developed an effective deer reduction program and fixed the responsibility with a selected contractor to reduce the herd, within DNR guidelines applicable at the time. I further believe the current policy provides for a manageable public safety exposure as the deer kill occurs in selected locations late at night. Proper insurance and training for the contractor are required. To date, we have experienced cooperation from property owners who have granted permission to use their properties for baiting and the deer kill. I believe much of the success has been by fixing the responsibility and the management of the deer kill with one individual, as opposed to allowing numerous individuals to hunt. A bow hunt would diffuse the responsibility to numerous persons and I believe dramatically affect the City's ability to manage the deer kill. Additionally, our current program provides for the deer to be a food source, and I would assume a hunter would not be required to turn the deer carcass over to a food processor for distribution. The current program has the City assuming responsibility for processing and distribution of the venison. In February of 2005 Ruzicka's Locker in Solon processed approximately 6,000 lbs of meat. The following summarizes my concerns over the recommendation to permit deer bow hunting. mgr/mem/deerkill-bowhunt.doc 1. In order to provide for deer reduction in any significant amount, it would seem we would need many bow hunters. Over the last three shoots our contractor has killed 604 deer. Furthermore, I assume the DNR would continue to regulate the number of animals to be taken as they have done in the past. It would seem in order to accomplish the same number of deer kills by bow and arrow it would require many more hunters than an individual contractor. 2. I believe we would risk public conflict and raise very real safety concerns by having numerous hunters in our community conducting bow hunting. Hunting would likely occur during the day and not at night which is when a sharpshooter is used. Daytime hunting would conflict with the use of public open space and normal activities by our citizens using that space. Numerous hunters in numerous locations increase conflict potential. I would urge the Council to not permit public property to be used for hunting, particularly when the highest use of public park/open space property is during daylight hours. 3. If we are to pursue bow hunting, it should require some formal training and certification by independent parties. Who would manage the certification process? Certification enforcement would likely be an additional City expense, unless the DNR would choose · to be responsible, and if so would it occur in a fashion acceptable to the City? 4. The insurance for the individual bow hunter would need to be approved by the City so we could demonstrate satisfactory coverage. Who would police this insurance responsibility? 5. A hunter would be required to contact a private property owner, secure approval and remain on the property for their hunt. In our urban environment, the boundaries between private and public property are often indistinguishable. 6. Killing deer with a gunshot to the head is thought to be more humane and a safer method of deer herd reduction. A deer, wounded by arrow, is likely to find its way onto other properties and thus the bow hunter must track and, I assume, kill the deer with additional arrow shots. Wounded deer may not be found by the bowhunters. If the evidence points to the greater potential for a deer to be wounded by an arrow shot, this kill method would seem to conflict with the Iowa City Code that states, "No person...shall kill or cause the death of any animal by any means which causes unjustified pain, distress and suffering." Additionally, the City Code has prohibitions against bow and arrow discharge within the City limits. Both of these code provisions would need to be changed to permit bow hunting. 7. I have discussed this matter with the Iowa City Police and they have recommended that we do not pursue bow hunting in the City limits. The fixed responsibility with an individual contractor is preferred. I believe, given our experience, the public has been supportive of the need to conduct deer reduction. There is an expectation that this process must be well-managed, have proper insurance coverage, entail minimal contact with the public, and be carried out by people who have received City approval and have been properly trained to avoid compromising public safety. The work of the Deer Task Force is very much appreciated, but believe that bow hunting is not in the public's interest and would compromise public safety. cc: Chief of Police Deer Management Task Force mgr/bowhunt-points.doc ~/.~j. ; , ,;?/ ~.-'{.~ /~,~/~, -~ CITY OF CORALVILLE DEER MANAGEMENT PROGRAM 2004-2005 /1 program deMgned to safely control excess deer within the ciO, limits of Corah,ille INTRODI](?I'ORY STArI'EMI~NT: dhc 1999 Iowa ('ity ,('oralville Deer Management ('~mmfittee has determined that dccr management within thc corporate Imfits is a necessary duty of ~}~c (:ity t*~ cnsm'c that the hcahh of thc herd is maintained, that plant ami animal ]lib which make up the ecosystems of the ha/mai areas oI'lhe city arc not mc'patably damaged o~ destroyed, and to ensure thc safbly and wellhre t)f the inhabitants oF the city aud prevent ma.j(~ damage to their property by deer. 'Ibc Committee rcct~gnizes ihat dccr managcnlcnt is an ongoing process, which musl bc continued fi'om year to year. HISTORY: In 1997. iu response Io citizen complaints, the Iowa City/ CoraMlle Deer Management Conmfittee xvas formed to recommend a deer management plan. The committee reviewed deer population, deer-vehicle accidents, plans from m~merous commnnities, comments from citizens, and advice from the Iowa Department of Natural Resources For deer management proposes, the most conunonly accepted number of deer an tn'ban setting can sustain is 20 to 25 per square mile. Based on recommendations t~om the DNR and review of management plans from other conmmnities, the Committee established the guideline that reduction must be implemented when the deer population exceeded 35 deer per sqoare mite. At this level, deer pose a threat to the ecosystem. Helicopter s~eys of the Iowa City/Coralville deer population have been conducted. These su~'eys revealed that in 3 out of 5 Coralville districts, the deer population bad exceeded 35 deer per square mile and an additional disIrict had reached 25 deer per square n~le. The past three deer-hunting season resulted m the harvesting of almost two- hundred deer. MANAGEMENT GOAL: The Coralville City Council has established the following management goals: 1. Limit deer populatinns within the city of Coralville below 25 deer per square mile; 2. Provide public edncation regm'ding deer, their habitats, impact on natural habitats, dete~ents and population management, and health risks resulting ~rom a large deer population to citizens of Coralville and to deer. The Cotulcil wants to continue the aerial su~eys to determine the effectiveness of the deer management program and plan for future progran~s. The Com~cil has considered a number of options for deer management. Bow hunting is the least invasive, but can impact the deer population at a reasonable cost. The City of CoraMlle has been grauted 300 special deer pcmfits fi'om the DNR for the 2004;2005 season to be used within the city linfits. An additional twenty (20) "buck" tags will be issued for this special hnnt and distributed according to guidelines set out in the organization pre-season meetings. SPECI~ ZONE RULES: Each hunter must possess a State of Iowa hunting license and a City of Coralville deer-htmting permit, which consists of the following: 1 Safety is our NUMBER ONE concern 1. Each hunter must show proof of having taken the International Bow l-h, nter Education Program, Iowa Department of Natural Resources Bow Hunter Education t~rogram or thc Iowa thmtcr l~ducati~m Course or other certified hunter sat~ty program. Each hunter must pass a shooting prolicicncy test which consisls ol'thrcc ot~t of five shotstoa nine-inch (9")largct. twenly (20} yards away. Ibc test will }~c ~,ix~n :ti [l~c: } m,k Fcalhcr iu Iowa (:ity. 3. Iluntcr agrees to comply with all lox~a I)NR ~ulcs or, voting bo~ huntiug t)l dcc~. ('t~ial~illc i)c~m~ are only good inside the city limits of Coralvillc. 4. lhmtcr aglees to maintain distance of one htmdred tifly (150) ~k'ct fi'nm any property linc or occupied building, unless permission granted fi'om property owner, and seventy-five (75) leer f~om anx~ tmoccupied building, street or trail, and six hundred (600) feet fitun a school building. 5. lhmtcrs are encouraged to take shots of twenty-five yards (25 yds) or less, in orde~ to maximize sat~ty. 6. Hunter agrees to repoN to the Coralville Police DepaNment the following: date, time and place of deer ha~,ested, nnmber of a~ows shot, and any complaints received from citizens or landowners, within twenty-tbur hours (24 hrs) of being han'ested. Any problenm, call Sgt. Freeman. 7. Potable tree stands and ground blinds may be used on public ground zones. 8. Hnnter agrees to obtain pernfission from private prope~y owners belk)re hunting on p~ivate property, and have the landowner sign the back of the City of Coralville permit. 9. Hunters on private prope~y must abide by the roles of'the prope~y owner, in addition to the Iowa Department of Nan~ral Resources rules, and special zone roles of the City of Coralville. 10~ Use proper field &essmg tec~fiques. Do not leave entrails in a conspicuous location. 11. Deer nmst be coxered or euclosed when transporting. Any problems with locating deer should be reported. 12. No baiting, driving or sta~ing of&er is allowed. 13. Any violation nmy result in the revocation of the permit or crinfinal charges, as appropriate. SAFETY COURSE: All hnnters withiu the City of Coralville must shoxv proof of passing the Ioxva or International Bow Hunter Safety Course or Iowa Hunter Education Com'se. Other "State" Hunter Safety Courses should cover this reqniremeut. PROFICIENCY TESTING: All hunters participating in the Deer Management Program must complete and pass a proficiency test. The course will be ofl'cred through Fin and Feather, 125 II,,;T I West, Iowa City. Phone: 354-2200. There is no cost for this testing. APPLICATION PROCEDURE: To hunt within the City of Coralville, the hunter must obtain a City of Coralville deer pernfit and au Iowa hunting license. Permits will be sold at Fin & Feather. A htmter may possess five (5) pernfits at one time. Cut off for permit sales will be the end of December.. 2 Private Lands: Permission must be obtained frotn private property owners. The owners or person in control of the property must sign the back of the City of Coralville deer permit betbre hunting on the property. Cio' Prolwrt),: City owned property ax;ailablc fi)l btmting includes: Ahmg the north and soath sides of ('lear ('reck , north of Camp ('ardinal and east of 22''~ Avenue (Camp Cardinal property included} ~Xlollg thc no~ th side of Clca~ ( )cck I~> the wc~t oft}lc waste xxatcl ll'catl/lctlt pblll~ subdi~rision. Ibc field cast of thc ('m'al~ illc [ity ~x ak~ plant, as indicated (m thc allacllcd Inap. I4 Avenue Extcnsinn lust sotflb of ()akdale Boulevard, west of Muddy ('reck bridge to tmmph~g The timber just west of Gold's Gym AubarntlillscastduringNovcmbcr~l)cccmberandJanuary. NO tlUNTING IN OCTOBER. Stands lnay bc placed after October 17th. ** A map highligbting the above areas is att;lched to this document and also available l?om Coralvillc City ttall. It is not necessary for specific pcrnfission to be granted nor the back of the permit signed for the above specifically listed city owned areas. It is the responsibility of the hunter to be sure where he/she is hunting and that proper permission has been obtained. Hunting is not permitted on any other park or cit.[, owned properO, without petrols.sion of Sgt. Freeman. ' REPORTING: All City hunters must report the harvesting of deer taken within the city as part of this special Deer Management Program. Deer should be checked in at the Coralvit!e Police Department. After hours, call 319-248-1800 to set up the check-in. Hunters who wish to give deer carcasses away should stand by v, hile transfer is made. COST: The Iowa Department of Natural Resources will issue the special City of Coralville deer permits for $26.00 for the first permit and $10.00 for each additional permit. These permits wilt only be available in person at the Fin & Feather in Iowa City, Iowa, during regular business hours. BUCK TAGS A total of ten (10) buck tags ?.,,,ill be drawn on October 18"' and November 4th (5 buck tags per drawing). The first drawing will be made from bnnters who have harvested a deer in the last and current season, and 2003-2004 season respectively. You mnst have harvested a deer to get your name in the drawing. The wire:tears of the buck tags will be notified by phone, and a list of the winners will be posted at the Coralvitle Police Department reception desk. Brick tags will be picked up at the Coralville Police Department. Checks should be made out to Iowa DNR m the amount of $26.00. An additional ten (I0) buck tags will be awarded to the first ten (10) hunters to hat',est five (5) deer in the 2004- 2005 seasou. Only one (1) buck tag will be granted per hunter per season. If you haYe any questions, comments or problents, contact: Sgt. Bruce Freeman, Coralville Police Department Work: 319-2484800 Home: 319-351-1262 Fax: 319-248-1888 Coralville Deer Hunt 1. Hunter qualification 2-day hunter safety course required. 1 V2 hour review ~v/Sgt Freeman of roles, assessment of experience, etc. Target test at Fin and Feather. Handouts. 2. History 1999 to present approximately 500 deer (398 to end '03-4). Low cost--S500 for five years, mostly in police overtime for training. Safe hunting: given strong emphasis in review training with Sgt. Freeman, emphasis includes urging sure close choices of shots. 3. Complaints 3.1. Proximity to Clear Creek trail, recommended signs but resolved by reviewing w/hunters need to keep back further. 3.2. Cover on pickup flew off and exposed deer. Resolved by more training. 3.3. Using trail by Wickham during morning student arrivals--resolved in reviewing 3.4. One deer died in gully near house on north side near city line: because a buck when no Cville tag yet issued that season, probably not an approved bow hunter. 3.5. Alt. side of street parking violations noted by CPD. Resolved; police patrol and more training. 3..6. Property owner complaint of hunting too close to property (after hunter said he was at 100' [vs 150/50 yds] when in fact he was further). Resolved. Deer Management [City of Dubuque] October 1, 2004 - January 19, 2005 The City of Dubuque Environmental Stewardship Advisory Commission began studying the deer population in the city in 1997. Since then, the Commission implemented a deer management program utilizing bow and arrow hunting and public education. The lowa Department of Natural Resources, along with studies of other communities, indicate that Dubuque's current deer situation is manageable with minimal infringement on the natural habitat and on the life of Dubuque citizens. However, if the City does not make any attempt to eliminate some deer, the population will only increase, along with citizen complaints. Without any intervention, deer will multiply until reaching a population of 100-200 deer per square mile. Various recommendations indicate that the threshold for optimal deer population is somewhere between 15 and 20 deer per square mile. The Deer Management Program is a joint effort between the Iowa Deparhnent of Natural Resources and the City of Dubuque. If you are interested in participating in the program, or would like to apply for a City of Dubuque bow and arrow deer hunting permit, contact either of the following: Leisure Services Depas tment Health Services Department 2200 Bunker Hill Road 1300 Main Street (563) 5894263 (563) 5894181 Hunters may donate deer to the St. Stephen's Food Bank. Any hunter participating in the Dubuque Deer Management Program, who harvests deer in the city or the surrounding zone, is eligible to donate meat to the food bank. To participate, deliver deer to: Schwager Deer Processing, 26917 216th Street, Bellevue, IA Hours: Monday - Friday - 4:00 - 7:00 p.m. Saturdays - 8:00 a.m. - 12:00 p.m. (Other arrangemems can be made - call ahead) Phone: (563) 773-8156 The Environmental Stewardship Advisory Commission and the Dubuque City Council recommend the following management goals: Limit deer populations within defined areas in the city of Dubuque below 20 deer per square mile; Provide public education regarding deer, their habitats, impact on natural habitats, deterrents and population management, cost of property damage if nothing is done, and potential health risks resulting from a large deer population to citizens of Dubuque and to deer. Encourage eligible property owners to allow qualified deer hunters on their property. Discourage citizens from feeding deer. The Commission further recommends annual aerial surveys to determine the effectiveness of the management program and to plan for future programs. The Commission has studied a number of options for deer management, including contraception/sterilization, capture and relocate/removal, capture and kill, controlled hunts, and bait and sharpshooters. Bow hunting is the least invasive, but can impact the deer population at a reasonable cost. The City of Dubuque has been granted 650 deer tags for the 2003-2004 season to be used within the city limits and the designated zone around the city. Each hunter must possess a State of Iowa deer hunting license and a City of Dubuque deer hunting permit which consists of the following: Each hunter must show proof of having taken either the International Bow Hunter Education Course or the lowa DNR Bow Hunter Education Course. · Each hunter must pass an annual shooting proficiency test which consists of three out of five shots to a 9-inch target, twenty yards away. Hunter agrees to comply with all Iowa DNR rules covering bow hunting of deer. Hunter agrees to maintain distance of 150 feet from any property line or occupied building, and 75 feet from any unoccupied building, street, or trail. Hunter agrees to report to the City the following: date, time, and place of deer harvested, number of arrows shot, and any complaints received from citizens. Check-in deer at Fire Headquarters, daily from 7:00 a.m.- 10:00 p.m. Only portable stands may be used on City property (provided by the hunter). Hunter agrees to obtain permission from property owners before hunting on private land. A minimum of three acres is required for private property hunting. Hunters on private property must abide by the rules of the property owner, in addition to the Iowa DNR rules. Field dressing on City property is not allowed. Deer must be covered or enclosed when transporting. No baiting, driving, or stalking of deer is allowed. Incentive: The 10 top hunters who harvest the most does (with a minimum of 3 does) by October 31, 2004 are eligible to purchase an any-sex tag. This format repeats beginning November 1, 2004 for tags for the next season. Ifa tie occurs on the number of does killed, a drawing will be held among those that tied. If all 10 tags are not claimed by November 1, 2004 or the end of the season, they will not be distributed. In addition, if hunters are eligible for un any-sex tag at the beginning of the next season, they must harvest a doe before their any-sex tag can be purchased. This is to provide an incentive to harvest does before November 1, 2005. The incentive also includes paying for the hunters' second deer tag, after they harvest an adult doe. This was approved as a budget improvement level for FY 05. After the f~rst doe is harvested, a hunter may send/bring in a copy of the second deer license purchased to: Health Services Department, City Hall Annex, 1300 Main Street. Reimbursement will be processed and mailed to the hunter. Course Information: September ! I, 2004, 7:30 a.m. - 5:00 p.m. Stateline Archery Club, 2177 Sinnippe Lane, Kielcr, Wisconsin, www.statelinearchery.com To register, call the City of Dubuque Leisure Services Department at 589-4263. Registration deadline is August 31,2004. A $20.00 refundable deposit is due at the time of course registration. Failure to attend the course will result in forfeiture of the deposit. The proficiency test and City of Dubuque permit required for the City hunt will be administered at the end of the course. ** Directions to Stateline Archery Club are at the end of brochure. All hunters participating in the Deer Management Program must complete and pass an annual proficiency test. The test is offered: September 8, 2004, 6:00 p.m.-7:30 p.m. at Veterans Memorial Park by Field # I (rain date is September 9, 2004.) Testing also will be offered immediately following the safety course on September 11, 2004. Only two attempts at the proficiency test will be given. lfyou are unable to attend this session, call 589-4263 to schedule an alternate time. Private Lands To hunt on private lands within thc city of Dubuque, the hunter must obtain a City of Dubuque deer permit, an lowa small game hunting license, and a habitat stamp and the City of Dubuque special hunt license, along with completing an indemnity agreement. Permission must be obtained from private property owners, along with a signed indemnity agreement. Reporting of deer harvested must be provided to the City of Dubuque. CiW Property City prope~y available for hunting include: Eagle Point Pa~k Veteran's Memorial Park FDR Park Marshall Park/Arboretum Bunker Hill Golf Course Behind Medical Associates West Campus Behind Dubuque Technology Park, Hwy. 151/61 Land south of the Fremont Bridge, following the creek and railroad To hunt, an Iowa DNR deer tag must be purchased and a City of Dubuque bow and arrow deer hunting permit obtained. October 25 - 26, 2004 1/2 hour before sunrise to 8:00 a.m. and 4:00 p.m. to 1/2 hour after sunset. November 27, 2004 - January 19, 2005 1/2 hour before sunrise to 1/2 hour aRer sunset. All City hunters must cheek-ia killed deer to the Dubuque Fire Headquarters, 11 W. 9th Street, between 7:00 a.m. - 10:00 p.m. daily for reporting purposes and to be eligible for the incentive program. Iowa Department of Natural Resources issues special deer management zone licenses for $25.50 for the f'u'st tag and $10.00 for each additional tag. Tags will be available at the Bait Shack, located at the corner of Fengler and Kerper, phone: 582-9395, beginning August 15, 2004. The IDNR Commission has approved a special late season from January 20-23, 2005. Tags for this season are $26 for the first permit and $11 for each additional. A total of three permits can be purchased for this special hunt. Next year, this special hunt will most likely extend the regular season. Therefore, the regular season tags will be used. ** Directions to Stateline Archery Club: Driving from Dubuque, go north on Hwy. 151 toward Dickeyville. Take the Kieler exit. At the stop sign, take a left turn (go under the highway.) Take a right turn as you drive under the highway (frontage road.) Drive about I/4 mile (lst stop sign.) Take a left at the stop sign (Peddle Hollow Road.) Drive approximately 2 miles on Peddle Hollow Road, that turn right onto Sinnippee Lane. Club will be on your let~. ORDINANCE NO. 41 - 03 AN ORDINANCE ALLOWING BOW HUNTING OF DEER SUBJECT TO CERTAIN RESTRICTIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ENACTED by the City Council of the City of Bettendorf as follows: Section One - Sec 19-17(e} of the Municipal Code is hereby adopted as follows: Sec. 19- ! 7(e) It shall not be deemed a violation of this section to use a bow and arrow to hunt deer on land zoned agricultural and divided in a parcel of at least three acres with the following conditions: (1) The person is the owner of the property or has permission from the owner to allow for bow hunting, (2) For all hunting occurring after March 15, 2004, the person bow hunting must successfully complete an Iowa DNR bow hunter education course and proficiency test, (3) The person has any license or permit required by the State or County to hunt deer with a bow, (4) The hunt occurs during the time when such hunting is allowed by State or County law or regulation, (5) Hunting does not occur within 100 yards of any residence, church or occupied structure or park ground, and, (6) The person hunting can demonstrate compliance with these requirements to any police officer upon request. Section Two - Repealer This ordinance shall be construed to repeal any prior ordinance inconsistent herewith. Section Three -Full Force & Effect This ordinance shall be in full force and effect from the date of passage and publication as required by law. Section Four - Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereofi Section Five - Penalty Penalty for violation of this ordinance shall not be more than $500.00 fine, or thirty days incarceration. Each day of violation shall constitute a separate offense. PASSED, APPROVED and ADOPTED this 18th day of November, 2003. y ~ ~ordy Attest: City Clerk Decker Ploelm ORDINANCE NO. 13,741 AN ORDINANCE to amend the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance No. 12,050, passed October 4, 1993, and amended by Ordinance No. 13,608, passed June 1, 1998 by repealing Section 17-35.05 hereof and enacting a new Section 17-35.05, relating to hunting deer within the City limits. Be It Ordained by the City Council of the City of Des Moines, Iowa: Section 1. That the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance No. 12,050, passed October 4, 1993, and amended by Ordinance No. 13,608, passed June 1, 1998 is hereby amended by repealing Section 17- 35.05 hereof and enacting a new Section 17-35.05, relating to hunting deer within the City, as follows: 17-35.05. HUNTING. No person shall pursue, hunt, kill, snare, net, search for, shoot at, stalk, or lie in wait for any game, animal, or bird with an air gun, B- B gun, firearm, bow and arrow, or any other thrown or propelled device within the city limits except as provided in subsections (a) and (b) below. (a)Licensed bow hunters meeting the requirements established by the Iowa Department of Natural Resources (DNR) may hunt antlerless deer within the areas designated as the Des Moines Special Deer Management Zones on public or private property, under all the following conditions: (1)Hunting may occur only on dates designated by DNR as bow hunting season in the Des Moines Special Deer Management Zone (Zone) by persons who are at least eighteen years of age and licensed for such hunting and this license must be carried on his or her person; and (2)Hunters must have written permission from the property owner and must carry that written permission form on his or her person and the portion of the Des Moines Special Deer Management Zone map which verifies that the property is within the Zone; and (3)Hunters cannot carry a uncased bow within 300 feet of any residence or within 75 feet if any trail, road or building; and (4)Hunters must take all shots from an elevated stand and shoot no further than 25 yards; and (5)Hunters must comply with all Iowa DNR rules for hunting in the Polk County and Des Moines Special Deer Management Zones; and (6)Hunters must take all deer meat to be processed or given to charity. (7)Hunting may occur in Water Works Park according to the requirement of this code if permitted by resolution of the Des Moines Water Works Board of Trustees, which resolution may impose greater restrictions than are provided in this code. No hunting may occur in any other park owned by the city and operated by the Des Moines Park and Recreation Department or within 75 feet of any city-owned recreational trail or on any other property owned or leased by the city other than Water Works Park. (b)Licensed bow hunters meeting the requirements established by the Iowa Department of Natural Resources (DNR) may hunt antlered deer within the areas designated as the Des Moines Special Deer Management Zones on public or private property, under all the following conditions: (1)All conditions listed in (a) above must be met. (2)A limited number of antlered deer may be taken according to an incentive program that may be adopted by the Polk County Deer Task Force and approved by the Iowa Department of Natural Resources (DNR). Any violation of this section is punishable as provided in section 1-11 'of this code. Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. City of Marion 41.09 BOW AND ARROW HUNTING. No person shall shoot any arrow within the City limits except: 1. Properly licensed bow hunters within deer season upon private property with the written permission of the owner and provided no arrow is shot within 200 yards of any residence (except the residence of the owner of the property) or public property. Prior to engaging in any hunting activity, any person desiring to hunt deer with a bow and arrow shall obtain a permit from the Police Department. The permit application shall require a showing of a valid deer license and the written permission of the property owner to engage in hunting and the date and location that the applicant desires to hunt. In addition, the applicant shall clean up and remove from the premises any residue from field dressing of any deer. 2. Upon a person's own property at a target properly protected to prevent an arrow from escaping the property. 3. At a target practice range. DATE: April 28, 2005 TO: City Council FROM: Ernest W. Lehman, Mayor RE: Staff Evaluations In preparation for the May 6, 2005 evaluations (City Attomey, City Manager, City Clerk) the following information has been updated: · Base Salary History for three employees · Staff evaluation form · Salary Comparable for ten major Iowa Cities U:evaluationmemo2005MAYOR.doc July, 2004 City Council Appointments Base Salary History MGR. ATTY. CLERK Incumbent Hire Date: 7~86 Incumbent Hire Date: 9/97 Incumbent Hire Date: 4~83 Salary Addt'l Salary Addt'l Salary Addt'l Benefit Benefit Benefit 1997 4% New Appointment 4% $112,486.40 $70,000 1 $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% 3.25% 6.5% 3 2,5 3 $129,064 $52,041 $67,100 2002 3.25% COL 3.25% COL 3% 3, 6 3.5% merit 7 3.5% merit 3 $132,932.8O $55,623.36 $71,718.40 2003 3% 3% 3% 3 3 $136,926.40 $57,295.68 $73,860.80 2004 2.65% 2.65% 2.65% 3 3 $140,545.60 $58,818.24 $75,816.00 1 - New hire 2 - Pension plan payment 3 - Cash value of 80 hours 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 CITY COUNCIL STAFF EVALUATION - 2005 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. Evaluationofthe 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 Legal Size - Hardcopy to Council SALARY COMPARABLE CITY ATTORNEY Pop. (la League of Cities) 198,682 46,403 36,145 58,268 120,758 85,013 68,747 57,686 50,731 FYO6 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-05) Salary $146,195.00 TBD TBD $87,930.00 $104,998.40 TBD Contracted Position TBD TBD Length of Service 16 yrs 6 yrs (+) 1 yr 25 yrs 20 yrs 22 yrs Contracted Position 30 yrs 33 yrs Additional Compensation: Car AIIowance/Yr $3,287.00 ....... mileage if necessary ..................... Contracted Position .............. Deferred Compensation (%) 4% match 3% match ($1K max) ....... 10% Emp contribution only ....... Contracted Position .............. ....... Contracted Position .............. Cell Phone/Yr $384.00 $120 (if for personal bus) ..................... ....... $720.00 ....... Contracted Position 4% $600.00 Longevity Pay 3% base salary $350.00 ....... .............. Contracted Position IPERS ....... Other ..................... FY05 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-04) Salary $137,920.00 $102,900.00 $71,000.80 (FT) $85,786.00 $102,460.80 $90,667.20 Contracted Position $98,300.00 $132,501.00 Length of Service 15 yrs 5 yrs 8 mo (FT) 24 yrs 19 yrs 21 yrs Contracted Position 29 yrs 32 yrs Additional Compensation: Contracted Position .............. Car AIIowance/Yr $3,287.00 ....... mileage if necessary ..................... Deferred Compensation (%) 4% match 3% match ($1K max) ....... 10% Emp contribution only 1.50% Contracted Position .............. Cell Phone/Yr $384.00 $120 (if for personal bus) ..................... City Furnishes Contracted Position .............. Longevity Pay 3% base salary $350.00 .............. $720.00 ....... Contracted Position 4% $600.00 ..................... Contracted Position IPERS ....... Other ..................... FY04 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-03) Salary $133,256.00 $98,000.00 $47,663.20 (PT) $83,287.00 $102,460.80 ....... Contracted Position $95,430.00 $128,642.00 Length of Service 14 yrs 4 yrs 6 yrs (PT) 23 yrs 18 yrs ....... Contracted Position 28 yrs 31 yrs Additional Compensation: Contracted Position .............. Car AIIowance/Yr $3,287.00 ....... mileage if necessary ..................... Deferred Compensation (%) 4% match 3% match ($1K max) ....... 10% Emp contribution only ....... Contracted Position .............. ....... Contracted Position .............. Cell Phone/Yr $384.00 $120 (if for personal bus) ..................... ....... $720.00 ....... Contracted Position 4% $600.00 Longevity Pay 3% base salary .............. ..................... Contracted Position IPERS ....... Other ..................... Davenport (pop 98,359) did not respond. Legal Size - Hardcopy to Council SALARY COMPARABLE CITY CLERK Pop. (la League of Cities) 198,682 46,403 36,145 58,268 120,758 85,013 68,747 57,686 50,731 FY06 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-05) (Dir of Admin Services) Salary $90,000.00 $109,782.00 TBD $71,597.00 $74,630.40 TBD Proposed $55,564.00 TBD TBD Length of Service 20 yrs 16 yrs 30 yrs 3 yrs 30 yrs 6 yrs 19 yrs 6 yrs 16 yrs Additional Compensation: Car Allowance/Yr .............. mileage if necessary .......................................... Deferred Compensation (%) 4% match 3% match ($1 K max) .............. Emp contribution only ............................ Cell Phone/Yr $384.00 $120 (if for personal bus) ................................................. Longevity Pay 4% of base salary $750.00 $1,140.00 ....... $1,200.00 ....... $1,080.00 5% $340.00 ................................... tPERS ....... Other .............. FY05 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-04) Salary $74,970.00 $107,104.00 $68,224.00 $66,525.00 $72,779.20 $95,178.10 $53,685.00 $64,043.00 $54,438.00 Length of Service 19 yrs 15 yrs 29 yrs 2 yrs 29 yrs 5 yrs 18 yrs 5 yrs 15 yrs Additional Compensation: Car AIIowance/Yr .............. mileage if necessary .......................................... Deferred Compensation (%) 4% match 3% match ($1 K max) .............. Emp contribution only 1.50% ..................... Cell Phone/Yr $384.00 $120 (if for personal bus) ..................... City Furnishes ..................... Longevity Pay 4% of base salary $750.00 $1,140.00 ....... $1,200.00 .............. 5% $320.00 ..................... IPERS ....... Other ............................ FY04 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-03) Salary $70,000.00 $103,522.00 $65,124.80 $61,511.00 $72,779.20 ....... $51,875.00 $58,905.00 $52,852.00 Length of Service 18 yrs 14 yrs 28 yrs 1 yr 28 yrs ....... 18 yrs 4 yrs 14 yrs Additional Compensation: Car AIIowance/Yr .............. mileage if necessary .......................................... Deferred Compensation (%) 4% match 3% match ($1 K max) .............. Emp contribution only ............................ Cell Phone/Yr $384.00 $120 (if for personal bus) ................................................. Longevity Pay 4% of base salary $550.00 $1,140.00 ....... $1,200.00 .............. 5% $300.00 Other ................................................. IPERS ....... Davenport (pop 98,359) did not respond. Legal Size - Hardcopy to Council SALARY COMPARABLE CITY MANAGER Pop. (la League of Cities) 198,682 46,403 36,145 58,268 120,758 85,013 68,747 57,686 50,731 FY06 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-05) (Admin Serv Dir) Salary $190,598.00 TBD TBD N/A N/A TBD N/A TBD TBD Length of Service 10 yrs 7 yrs 31 yrs N/A N/A 8 yrs N/A 12 yrs 26 yrs Additional Compensation: Car AIIowance/Yr $3,287.00 $4,800.00 mileage if necessary N/A N/A ....... N/A .............. Deferred Compensation (%) 4% match 32% salary ....... N/A N/A ....... N/A .............. Cell Phone/Yr $384.00 $120 (if for personal bus) $180.00 N/A N/A ....... N/A Provided ....... Longevity Pay 1% of base $350.00 $1,140.00 N/A N/A ....... N/A ....... $520.00 Other ....... 25 days of vacation ....... N/A N/A ....... N/A IPERS ....... FY05 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-04) Salary $185,950.00 $144,057.00 $94,644.16 N/A N/A $114,669.98 N/A $133,262.00 $142,677.00 Length of Service 9 yrs 6 yrs 30 yrs N/A N/A 7 yrs N/A 11 yrs 25 yrs Additional Compensation: Car AIIowance/Yr $3,287.00 $4,800.00 mileage if necessary N/A N/A $350.00/mo N/A $5,753.00 $6,000.00 Deferred Compensation (%) 4% match 32% salary ....... N/A N/A 1.50% N/A $14,000.00 $13,000.00 Cell Phone/Yr $384.00 $120 (if for personal bus) $75.00 N/A N/A City Furnishes N/A Provided ....... Longevity Pay 1% of base $350.00 $1,140.00 N/A N/A ....... N/A ....... $500.00 Other ....... 25 days of vacation ....... N/A N/A ....... N/A IPERS Annuity $5,905.00 100% life insurance 100% long-term disability 100% health insur (+) dependants FY04 Des Moines West Des Moines Cedar Falls Council Bluffs Cedar Rapids Sioux City Waterloo Dubuque Ames (as of 1-1-03) Salary $180,533.00 ...... $91,091.52 N/A N/A ....... N/A $120,741.00 $138,521.00 Length of Service 8 yrs ....... 29 yrs N/A N/A ....... N/A 10 yrs 24 yrs Additional Compensation: Car AIIowance/Yr $3,287.00 ....... mileage if necessary N/A N/A ....... N/A $5,560.00 ....... Deferred Compensation (%) 4% match .............. N/A N/A ....... N/A $12,577.00 ....... Cell Phone/Yr $384.00 ....... City Provided N/A N/A ....... N/A Provided Longevity Pay 1% of base ....... $1,140.00 N/A N/A ....... N/A ....... $480.00 Other ..................... N/A N/A ....... N/A IPERS ....... Davenport (pop 98,359) did not respond. ~(~~~> CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3s6-sooo April 20, 2005 (319) 356-s009 FAX www.icgov.org Mr. Jeremy Schreiber 121 E. Davenport St., Apt. 21 Iowa City, IA 52245 Dear Jeremy, Congratulations on your appointment as Student Liaison to the City Council, and welcome. Council packets are available after 3:00 P.M. every Thursday. On the week preceding a formal meeting the packet consists of agenda, supportive documents, and information packet. On off weeks the information will include the information packets only. All Council materials (excluding confidential materials) are available on the City website www.icgov.org after 3:00 on Thursdays. If you are interested in receiving a hard copy packet please let the City Clerk know two days in advance. It is hoped, after accessing the weekly packets, that you will have a better understanding of the issues facing City government as well as preparing you for items for future Council discussion. Again congratulations and we look forward to working with you. Sincerely, ~ U~ p . Eleanor M. Dilkes Marian K. Karr City Manager City Attorney City Clerk 356-5010 356-5030 356-5041 cc: Austin Baeth IP6 DATE: April 27, 2005 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Online Application for Boards and Commissions Applications have been available online for some time but now can be completed online as well. Previously the online application could only be printed blank and completed later. This new procedure allows the applicant to enter the data, print and either drop off the application in the City Clerk's office or mail it. Because of issues related to confidentiality and required signature the application can not be submitted electronically. Blank applications will continue to be available in my office or citizens may call and have an application mailed to them. This new procedure not only offers the citizens additional flexibility but we also hope this procedure will address the issues of hard to read written applications as well. Additional language has been added to the application to encourage the typing of the application (whether on line or with a typewriter). IP7 DATE: April 21, 2005 TO: Steve Atkins, City Manager FROM: Rodney Walls, Asst. Superintendent of Solid Waste RE: Longfellow School Paper Recycling In October 2004, we started a pilot program for paper recycling at Longfellow school. To date, they have recycled over 2300 pounds of paper. To represent the paper they have recycled, City Carton is donating a tree to be planted at the school. It will be planted on Earth Day, Friday, April 22. This program has been a success, but I feel it could be more successful by adding recycling bins to every classroom. By providing this visual reminder fight in each individual room, I see greater participation. Also, this would be a reminder to the children to recycle at home using their City provided bin. With your approval, we will deliver 20 City recycling bins to the school to encourage greater participation in the paper recycling program. IP8 Sent: Wednesday, April 20, 2005 12:21 PM To: Craig Gustaveson; Jerry Raaz; John Westefeld; Judith Klink; Margaret Loomer; Matt Pacha; Philip Reisetter; Ryan O'Leary; Sarah Cc: Steve Atkins Subject: Boys' Baseball Building Commissioners, As we approach the opening of baseball season I thought I should share some information with you, just in case you hear anything 'on the street." As you know, the Boys' Baseball building in City Park was destroyed by fire last year. The immediate plan at that time was for the City (through the Parks & Recreation Department) to handle the project, and get a new building in place by the start of the 2005 season. We did, in fact, demolish the remainder of the old building and remove all the rubble right away. A few days later we met with representatives of the Iowa City Boys' Baseball Board of Directors, and they informed us that they would like to handle the project, and have it financed primarily through donations. We felt this was very commendable on their part, and we agreed to this approach, making it clear, however, that we were ready to help in any way possible. On several occasions over the past eight months I have been in contact with their president to inquire how things were going, and to remind him that we are willing to help out. With a couple of exceptions, no assistance from us has been requested. Opening day for this season is May 9th, and just two days ago we heard from them that the building won't be ready by that time, and may not be ready until substantially later in the season. Terry Robinson and I met with them yesterday and offered to take over the project .... they don't want us to do that. We offered to hire some help to work under their supervision .... they also don't want us to do that (at least not yet). They did ask if we could handle the dirt fill required around the building (and the grading & compaction of same). We agreed to do so and started today. We also agreed to handle the concrete work and retaining walls needed outside the building. Before leaving the site, both Terry R and I once again emphasized to them that they should call us without hesitancy if they need help with anything. I think it is quite likely that we will be handling some other aspects as the project progresses. Again, the fact that the Boys' Baseball organization stepped up and volunteered to undertake this project is most commendable, and I applaud them for it. However, my guess is that we, the City, will be criticized for not having the building completed in time for opening day, and I wanted you to be fully aware of the situation. If you have any questions, please feel free to call me. 4/20/2005 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2005 OFFICER DATE INC # INCIDENT FORCE USED 23 030405 05-10317 Vehicle Pursuit' Officers assisted other agency with a motor vehicle pursuit. Vehicle left city limits without incident and Iowa City Officer discontinued pursuit. 20,40 030405 05-10391 OW1 Arrest Subject had been placed under arrest for OW1. Subject attempted to mn from Officers while at ICPD. Officers used control techniques to place handcuffs on the subject. At JCSO the subject again attempted to run from Officers. Officers pursued and directed the subject to the ground where they were again handcuffed. 05,03 030505 05-10497 Domestic Assault Subject had been placed under arrest for domestic assault. Subject refused to allow Officers to remove gloves that he was wearing to be searched. Officers used control techniques to remove the gloves. Subject then refused to comply with Officer's request to sit in a chair for a search. Officer used a control technique to assist the subject into the chair. 56 030505 05-10583 Injured Deer Officer used sidearm to dispatch a deer. 51,18 030505 05-10618 Suspicious Activity Subject had been placed under arrest and resisted handcuff'mg efforts. Offices attempted to use hand control techniques to handcuff the subject but were unsuccessful. Officers then exposed the subject to a chemical irritant and were able to apply handcuffs. 12,95,17 0308805 05-10941 OW1 Subject had been placed under arrest for OWl and refused to sit in a squad car to be transported to JCSO. Officer used control techniques and pressure points to assist the subject into the squad car. 40 030905 05-11229 Trespass Subject refused to leave a private residence at the request of owner and Officers. Officers used control technique to escort the subject from the residence. 33,06 031005 05-11280 Public Intoxication Subject had been placed under arrest and resisted handcuffing efforts. Officers used hand control techniques to place handcuffs on the subject. 27 031205 05-11749 Injured Deer Officer used sidearm to dispatch an injured deer. 20 031305 05-11852 Fight in Progress Subject had been involved in a physical altercation. Subject then assaulted an Officer. Officer directed the subject to the ground to be handcuffed. Subject resisted handcuffing efforts. Officer then used hand control techniques to place handcuffs on the subject. 13 031405 05-12057 Injured Deer Officer used sidearm to dispatch an injured deer. 48,19,59 031605 05-12420 Burglary/Assault Officers drew sidearms to enter a home and take into custody two subjects that were reported to have forced their way into the residence. Subjects were taken into custody without incident. 19,59 031705 05-12541 Drug Investigation Subject fled from Officers during a drug investigation. Officers directed the subject to the ground. Subject then resisted handcuffing efforts. Officers used hand control techniques to place handcuffs on the subject. 03,05 032105 05-13232 Intoxicated Subject Subject resisted arrest by refusing to place hands behind their back. Officer used hand control techniques to place handcuffs on the subject. Subject then refused to sit in squad car to be transported. Officers used control techniques to assist subject into the car. 26 032505 05-13873 Child Abuse Officer used control technique to Investigation prevent a subject from interfering with a child abuse investigation. 37 032605 05-14043 Injured Deer Officer used sidearm to dispatch an injured deer. 27,03,38 032705 05-14207 Intoxicated Subject Subject was involved in a physical al{ercation and had assaulted an Officer. Officers used hand control techniques and exposed the subject to a chemical irritant to place them in handcuffs. 46 032705 05-14236 Disorderly House Officer attempted to issue subject a citation for disorderly house. Subject attempted to flee. Officer directed the subject to the ground. Subject then refused handcuffing. Officer used control techniques and exposed the subject to a chemical irritant to place handcuffs on the subject. A second subject attempted to interfere with the arrest. This subject was also exposed to a chemical irritant and taken into custody 88 032805 05-14407 Intoxicated Subject Subject refused to take a seated position so arresting Officer could assist another Officer that was in a physical altercation with another subject. Officer used control techniques to put subject in a seated position. 20 032805 05-14407 Intoxicated Subject Subject had been placed under arrest for public intoxication. Subject resisted handcuffing efforts. Officers used hand control technique to place handcuffs on the subject. 57 032905 05-14653 Fight in Progress Subject had been in a physical altercation. Upon Officers arrival the subject was swinging a 3 to 4 foot piece of wood trim. Subject refused to comply with Officers instruction to drop the piece of wood. Officer then exposed the subject to a chemical irritant. Subject dropped the piece of wood and was placed in handcuffs. 58 033005 05-14693 Assist other Agency Officer observed a subject that was being pursued on foot by Campus Police. Officer ordered the subject to stop. The subject refused. Officer was able to catch the subject and direct them to the ground where handcuffs were placed on them. 03 033105 05-14864 Theft Investigation Subject fled on foot from Officers during a theft investigation. Officers were able to catch subject and direct them to the ground where they were placed in handcuffs. 37 0333105 05-14909 Theft Investigation Subject refused to comply with Officer requests. Subject became agitated and rapidly reached for his right hip area underneath a coat. Officer drew sidearm and ordered the subject to remove his hand from the area. Subject complied and was searched. Subject was found to be in possession of a small knife. Cities fighting for own util.ities lose a key allyUtilities/Companies deny Municipal utilities whtledeal withthereMidA~erica~.i, no .formal Anddeal flexing political muscle association admits on'. paper, MtdAmerican bowing to politic anagreedIowat°HouseSuspendstudySUpp°rtbm that°f · [:ROM PR{][ ~ nicipalty taxesUtilitieSfor fairness.t° pay proper. would force existing munici- direction," Kalona City Ad- "Obviously when you com. ministrator Doug Morgan pare rates between a munici. ~ ~ ~ ' pal utilities -- including The Gazette those in Cedar Falls, Ames said in an interview Thurs- pal utility and an investor IOWA CITY -- Feeling and Muscatine -- to pay prop- day. "Investor*owned utilities owned utility you're compar pressure from priVate utility erty taxes and likely raise are kind of throwing their Lug apples and oranges," h~ weight around." said. "The realization of thes~ companies, Iowa's chief esso- rates to support the taxes. Morgan said Kalona's city differences that are addresse( ciation for municipal utilities "Given the stakes and our council will discuss how to in the House study bill carm is baring on prOmised help to assessment of political reali- proceed at a meeting Monday. up as part of this situation.' 18 cities trying to create their ties, including the number of own city-owned utilities. Kalona currently receives MidAmerican Energ~ opponents we face this (legis- power from Alliant Energy. spokesman Allan Urliss sak Representatives in those, lative) session and the power cities -- inclUding Iowa City, they derive' from ~sir well-~ The state association had the state association's actior Kalona and Wellman -- saY fun~ded '.political 'action ~{- . promised to help coordinate doesn't change what citie~ the IOWa Association of Mu- mittees, we decided thatl .?e, attorneys and consultants as wanting municipal utilitie~ nicipal Utilities dropped its must a~cePt the Offer,'" :~ the cities bid with the Iowa face. Urliss refuted claim~ promised support when inves- Haug, the associatiOn's egeeu- : Utilities Board for municipal that an association resolutio~ · ~tilities. Under that deal the to drop its support of th~ tor-owned utility giants tire director, wrote llt~,:..a~ cities were bearing the costs, cities, co-written by MidA MidAmerican. Energy and Al- e-marl to cities and cit~il~' liant Energy flexed their po- groups the association had But Jim Larew, an attorney merican and the association litical muscle, promised to help. and chairman of Iowa City's was a tactic to discourag~ Documents obtained by The "I expected' the investor- Citizens for Public Power groups from pursuing munici Gazette on Thursday appear owned Utilities to put up (CPP), said the association's pal utilities. to conf'mn that. They show iome kind of fight, but I latest move will require cities "It's important to remem that the utilities agSociation ~lidn't expect it tO go in this to do their own coordination, ber the big picture of th~ vowed to stop supporting new which would mean f'mding a risks involved to develop an~ municipal utility efforts in ,a ~ gTILmE$, I'AIIE IOA 'new way to pool money for start a municipal utility." attorneys and consultants. "MidAmerican's outra- · Contact the writer: (319) 339-3157 or geous, unprecedented show- zack.kucharski@gazettecommuuications.co~ ing of political and economic ¥ tx ~///~ power has strengthened, not weakened, the resolve of CPP's members to carry on with our referendum cam- paign," Larew said. His group pushed for a Nov. 8 vote to ask city voters to pursue a municipal electric utility. Io- ~ ~~ ~~ wa City receives power from MidAmerican Energy. Haug said he doubts the association's move will stop municipalization in commu- nities with strong resident support. However, "there probably is not going to be anybody in these communi- ties to answer the false charg- es that are being made against existing municipal utilities," he said. Allian~ spokesman Scott Drzycimski said the energy companies have pushed law- makers to require older mu- Marian Karr From: Gina Peters [gina.peters@ecicog.org] Sent: Friday, April 15, 2005 2:05 PM To: Doug; Amold-Olson & Assoc.; Brian James; CasieKadlec; Connie Evans; Dale Stanek; DeeVanderhoef; Don Gray; Doug Kamberling; GlenPotter; Gloria Jacobson; Hills; Howard R. Green; IA Environmental Education Project; J. Patrick White; JamesHouser; Jane Tompkins; Jeff Davidson; JeffSchott; Jo Hogarty; John Nieland; KellyHayworth; Larry Dauenbaugh; Linda Langston; LuBarron; Marian Karr; Mary K Mitchell; MichaelLehman; Mike Goldberg; Mike Sullivan; NancyBeuter; Pat Harney; Patrick Murphy; PaulPate; Paula Freeman-Brown; Priority One; RandyH. Fouts; Rick Elliott; Rod Sullivan; RozenaMcVey; Sally Stutsman; Sharon Meyer; ShelleyAIlison; Steve Atkins; Tawnia Kakacek; TerrenceNeuzil; Thomas C. Patterson; Tom Svoboda; William Cooper; William Voss Subject: Next Leadership Group Meeting Issue Ranking.d~ Group ~pe~ations.doc The next meeting of the Johnson/Linn County Public Leadership Group will be Thursday, May 5, 2005, at 4:30 p.m., at the Shueyville United Methodist Church, 120th Street, in Johnson County. An agenda and directions will be sent prior to the meeting. I have attached the preliminary results of our work ~rom the April meeting. These are for information purposes only. Mayors who were not in attendance in April are also receiving this information through the USPS with some additional background and an opportunity to add their input prior to completing the results. That information should be received by Monday, April 18. I encourage those communities to respond with the forms provided by April 27, 2005, so their input can be included in information provided at the May 5 meeting. Ail communities will also be surveyed through additional correspondence for convenient meeting dates and information on 28E agreements and memoranda of understanding. See you on May 5th! Regards, Douglas D. Elliott Executive Director ECICOG 108 Third Street SE Suite 300 Cedar Rapids, IA 52401 (319) 365-9941, x22 (voice (319) 365-9981 (fax) www.ecicog.org *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** Preliminary Initiative Ranking - April 5, 2005 Issue Area Initiative ......... Rankin 1st 2"a 3r° Total (3) (2) Transportation Mt. Vernon/Lisbon four-lane 0 highway Trail extension linking Squaw Creek and Palisades Park Potential for a regional trail system 0 Trail linkages in Linn and Johnson counties - Hoover Trail - American Discovery Trail 2 1 5 Full funding for REAP and the Iowa Recreational Trail fund- 0 Eastern Iowa Airport 0 Funding transportation 1 2 Create a regional rail system/transit authority 1 1 1 6 120th Street transportation link in Shueyville 0 Cultural/Recreational Listing cultural activities within Linn Issues and Johnson Counties (similar to cultural corridors.org) 0 Intergovernmental Establish community clusters to Services/Financial secure, in part, joint bonding Resource Sharing authority 0 Common phone book/city directory 0 Toll free calling within the corridor 0 Regional Information Forum--what is going on in the region, a forum for best practices 1 4 2 13 Generate citizen support for regionalism 0 Community and Prospective residents should receive Economic information from the region versus Development individual communities and counties 0 Affordable housing 2 2 Legislative Priorities Loss of State Tax Credits 2 2 Compromise on Property Tax Structure Homeland security 2 2 Regional Planning Determine what or how the participants view the future of the 1 1 3 region Land conservation practices 1 2 Challenges that are associated with growth 1 3 Water quality mandates 1 1 Preliminary Initiative Ranking - April 5, 2005 Solid waste management 1 2 GIS data sharing 0 (intentionally left blank) Corridor planning County fringe area agreement 6 2 2 24 Infrastructure Use of public right-of-ways Public Safety/Governmental communications systems Countywide utilities Unified government communications system 4 12 Other Initiative Ranking by Score (preliminary) Score Corridor planning County fringe area agreement 24 Regional Information Forum--what is going on in the region, a forum for best practices 13 Unified government communications system 12 Create a regional rail system/transit authority 6 Trail linkages in Linn and Johnson counties - Hoover Tra.il - American Discovery Trail 5 Determine what or how the participants view the future of the region 3 Challenges that are associated with growth 3 Funding transportation 2 Affordable housing 2 Loss of State Tax Credits 2 Homeland security 2 Land conservation practices 2 Solid waste management 2 Water quality mandates 1 Mt. Vernon/Lisbon four-lane highway 0 Trail extension linking Squaw Creek and Palisades Park 0 Potential for a regional trail system 0 Full funding for REAP and the Iowa Recreational Trail fund 0 120th Street transportation link in Shueyville 0 Listing cultural activities within Linn and Johnson Counties (similar to cultural corridors.org) 0 Establish community clusters to secure, in part, joint bonding authority 0 Common phone book/city directory 0 Toll free calling within the corridor 0 Generate citizen support for regionalism 0 Prospective residents should receive information from the region versus individual communities and counties 0 Preliminary Initiative Ranking - April 5, 2005 [Use of public right-of-ways 00 Public Safety/Governmental communications systems Group Expectations - Preliminary Results Communication points Insight to best regional practices 3 Better internal communication between groups 3 Provide ideas for 28E agreements 3 Work together openly 3 Better understanding of needs and ideas to meet those needs of other entities 2 Prevent duplication of effort 2 Provide a good venue for communication 2 Facilitate communication Become friends 1 20 Cooperation To save tax dollars 3 Single economic/workforce area 3 Regional cooperation 3 Establish effective working groups 3 Compatibility between entitites 3 I want leadership summit to bring together entities in the region 3 Create new opportunities for working together 3 Partner for funding sources 2 Provide tools/manpower for 28E agreements and cooperation between governments 2 Identify ways to share 2 Discover ways to share services 2 Respect each other's communities 2 Provide the best community services 2 Team (regional) leadership and direction 1 120th Street traffic resolution, Shueyville 1 Reduce taxpayer burden 1 36 Collaboration Sharing of services 3 Cost saving joint ventures 3 Save tax dollars 3 How to handle exploding growth in corridor 2 Better understanding of each communities' goals 2 Streamline or eliminate duplication of services 2 Multi-transportation options and connectivity 2 Sharing of resources 2 Regularly to review shared vision 1 Prepared to take action on state governance committee 1 Reach common goals 1 Improve level of services to community 1 Establish partnerships for greater compatibility 1 24 ,~,~.~ ~-~,.,-, -~<~ ~ \ \ Marian Karr From: Gina Peters [gina.peters@ecicog.org] Sent: Thursday, April 2@, 2005 10:13 AM To: Doug; Arnold-Olson & Assoc.; Brian James; CasieKadlec; Connie Evans; Dale Stanek; DeeVanderhoef; Don Gray; Doug Kamberling; GlenPotter; Gloria Jacobson; Hills; Howard R. Green; IA Environmental Education Project; J. Patrick White; JamesHouser; Jane Tompkins; Jeff Davidson; JeffSchott; Jo Hogarty; John Nieland; KellyHayworth; Larry Dauenbaugh; Linda Langston; LuBarron; Marian Karr; Mary K Mitchell; MichaelLehman; Mike Goldberg; Mike Sullivan; NancyBeuter; Pat Harney; Patrick Murphy; PaulPate; Paula Freeman-Brown; Priority One; RandyH Fours; Rick Elliott; Rod Sullivan; RozenaMcVey; Sally Stutsman; Sharon Meyer; ShelleyAIlison; Steve Atkins; Tawnia Kakacek; TerrenceNeuzil; Thomas C. Patterson; Tom Svoboda; William Cooper; William Voss Subject: Meeting and Other Reminders Follow Up Flag: Follow up Due By: Thursday, April 28, 2005 11:00 AM Flag Status: Flagged Group Agenda.doc map.doc (30 KB) (24 KB) Dear Leadership Group: The Johnson/Linn County Public Leadership Group will meet Thursday, May 5, 2005, 4:30 p.m., at the Shueyville United Methodist Church. An agenda and a map to the meeting site are attached. Also, on behalf of the co-chairs, I'd like to encourage those who were not in attendance at the April 5 meeting to respond to the information that was sent to you earlier this month. Your participation in setting the priorities for the Group's workplan is essential. Please complete the two forms sent to you earlier this month, and return them to the ECICOG offices. If you need additional forms, please respond to this email. And finally, a note of encouragement to cities and counties to respond to the on-line survey included in my email last week. The link to the survey appears again below. The purpose of the survey is to create an inventory of collaborative efforts and to determine a standing meeting date. WHEN RESPONDING TO THE SURVEY, PLEASE INDICATE THE NAME OF YOUR COMMUNITY IN RESPONSE #1. To respond to the on-line survey, go to: http://www.linncounty.org/survey//TakeSurvey.asp?SurveyID-5KH953K0262LM Please RSVP with your intention to attend on May 5 to Gina Peters at 319-365-9941 or gina.peters@ecicog.org. Thanks, Douglas D. Elliott Executive Director ECICOG 108 Third Street SE Suite 300 Cedar Rapids, IA 52401 (319) 365-9941, x22 (voice) (319) 365-9981 (fax) www.ecicog.org *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Agenda Public Leadership Group Shueyville United Methodist Church 120th Street (east at exit #10, I380) Johnson County Cedar Rapids Thursday, May 5, 2005 INFORMAL MEETING Work Session 1. Call to order 4:30 p.m. 2. Welcome and Introductions Sally Stutsman, Chairperson - Johnson County Board of Supervisors Linda Langston, Chairperson - Linn County Board of Supervisors 3. Plenary Session Facilitated by Doug Elliott, ECICOG Discussion and Finalization of Group Priorities Discussion and Formulation of Work Plan 4. Governor's Great Places Initiative 5. Legislative Updates/Discussion 6. Local Updates 7. Future agenda items 8. Next meeting date and location 9. Other 10. Adjournment Map to Shueyville United Methodist Church 'To Ce~r Rapids T LakeSlcte Grocery N Sh ueyvl CJ~o Church ]uncLion TO iowa City Marian Karr From: Langston, Linda [Linda. Langston@linncounty.org] Sent: Tuesday, May 03, 2005 5:18 PM To: G[na Peters; Doug; Arnold-O[son & ^ssoc.; DaleStanek; Dee Vanderhoef; Don Gray; Doug Kamberling; Howard R. Green; IA Environmental Education Project; Houser, James; Jane Tompkins; Jeff Schott; John Nieland; Marian Karr; Goldberg, Mike; Paul Pate; Paula Freeman-Brown; Priority One; RandyH. Fouts; Rick Elliott; Rozena McVey; Shelley Allison; Thomas C. Patterson; Tom Svoboda; William Cooper; William Voss Subject: RE: Meeting and Other Reminders Just a note to Linn County folks - we will have Anita Walker, Director of the Department of Cultural Affairs for the State of Iowa, joining us on Thursday to speak about the Great Places initiative. I think that there are some really Great Places in Linn County and this will be a wonderful opportunity to learn more about this program. Please take a moment to check your schedules and make time to join us on Thursday. Please respond to Gina Peters with your RSVP. Thanks so much - looking forward to seeing everyone. Linda Langston Linn County Supervisor Dear Leadership Group: The Johnson/Linn County Public Leadership Group will meet Thursday, May 5, 2005, 4:30 p.m., at the Shueyville United Methodist Church. An agenda and a map to the meeting site are attached. Also, on behalf of the co-chairs, I'd like to encourage those who were not in attendance at the April 5 meeting to respond to the information that was sent to you earlier this month. Your participation in setting the priorities for the Group's workplan is essential. Please complete the two forms sent to you earlier this month, and return them to the ECICOG offices. If you need additional forms, please respond to this email. And finally, a note of encouragement to cities and counties to respond to the on-line survey included in my email last week. The link to the survey appears again below. The purpose of the survey is to create an inventory of collaborative efforts and to determine a standing meeting date. WHEN RESPONDING TO THE SURVEY, PLEASE INDICATE THE NAME OF YOUR COMMUNITY IN RESPONSE %1. To respond to the on-line survey, go to: http: //www. linncounty, org/survey//TakeSurvey, asp?SurveyID=5KH953K0262LM Please RSVP with your intention to attend on May 5 to Gina Peters at 319-365-9941 or gina.peters@ecicog.org. Thanks, Douglas D. Elliott Executive Director ECICOG 108 Third Street SE Suite 300 Cedar Rapids, IA 52401 (319) 365-9941, x22 (voice) (319) 365-9981 (fax) www. ecicog, org _._._._._._.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.--- LINN COUNTY CONFIDENTIALITY NOTICE AND DISCLAIMER This email and any files transmitted with it may contain confidential or privileged information and is intended solely for the use of the individual or entity to whom it is addressed. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this email in error please delete it from your system. Any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Linn County Board of Supervisors. The recipient should check this email and any attachments for the presence of viruses. Linn County does not warrant any email or attachment to be virus free and accepts no liability for any damage caused by any virus transmitted by this email. April 28, 2005 George Pappas 532 South Dubuque Street #8 Iowa City, IA 52240 Re: Proposed Ordinance Establishing Policy for Medical Marijuana and Paraphernalia Possession Prosecutions Dear Mr. Pappas: I have done an initial review of the affidavit to commence initiative you filed yesterday with the City Clerk and the proposed ordinance establishing policy for medical marijuana and paraphernalia possession prosecutions. It is my opinion that the proposed measure may be an initiative under the City Charter and is not within the subject matters excluded from the right of initiative. It is my understanding that you have met with the City Clerk and determined the deadlines for submission of signatures in order to meet your goal of placing this measure on the November 2005 ballot. The bigger question, and the one that will require considerably more research, is whether the proposed measure conflicts with state law or federal law. Such conflicts could make the measure unenforceable even if it is adopted. Laws passed by initiative and referendum are subject to the same challenges as those passed by the City Council. It is my intention to research these issues and, in the event you gather the required signatures, provide an opinion to the City Council. Even a cursory review of your proposal, however, raises a number of questions. Possession of marijuana is not a City charge, that is it is not a violation of a City ordinance. Thus, referral to a "municipal prosecuting attorney" as you propose is not feasible. The criminal prohibitions and sanctions for possession of marijuana are all a matter of state and federal law with the lowest level offense under state law being a serious misdemeanor with sanctions beyond that which are within a City's power to impose (generally "simple misdemeanors"). Again, I will research these and other issues and, in the event you gather the required signatures, provide an opinion to the City Council on the enforceability of the ordinance you propose. Finally, in reviewing the proposed measure I note that the term "seriously ill adults" is defined but not used, i.e., Section B begins "Adults", not "seriously ill adults". Please feel free to contact me if you would like to discuss these issues further. Eleanor M. Dilkes City Attorney cc: City Clerk City Council - . City Manager _..- eleanor/Itrs/pappas.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-I826 * (319) 356-5000 · FAX /~19)~_, 356-5009 AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS STATE OF IOWA ) ) COUNTY OF JOHNSON ) The undersigned petitioner(s) hereby propose(s) to commence initiative or referendum proceedings pursuant to Article VII of the Charter of Iowa City. 1. Each of the undersigned is a voter who is registered to vote in Iowa City. 2. The undersigned will supervise the circulation of the initiative or referendum petition and will be responsible for filing it in proper form with the City Clerk of Iowa City. 3. The name(s), address(es), and phone number(s) of the petitioner(s) is (are) as follows (print or type): 4. All relevant notices relating to the initiative or referendum proposal shall be addressed as follows: ~O~'/~g_ ~od){:~.5 (Name of recipient) ,~,,~'Z :5, bu ~,~-~ 5{[. ~'~ Street Address or Post Office Box 1010~ C~ ~,. ,~'?"'Z/~O City, State, ZipCode 5. The ordinance proposed or sought to be reconsidered is attached hereto as an exhibit and by this referendum made a part hereof. Subscribed and sworn to before me, a Notary Public, on this ~ '~ day of ~ &).z~::LS' ,by ~r,~-,./~_ {O~/)4<; and ,tomeknown to be the person(s) who executed the foregoing Affidavit, and who (or each of whom) acknowledged that he/she executed the same as his/her voluntary act and deed. Notary Public My commission expires '//,~- ~ ,~¢r~'~¢ TO: CITY COUNCIL - CITY OF IOWA CITY - IOWA CITY, IOWA We, the undersigned, being duly qualified electors of the City of Iowa City, County of Johnson, State of Iowa, present this Initiative Petition and respectfully request that the following proposed ordinance of the City of Iowa City be passed by the City Council, and if not passed by the City Council, that it be submitted tot a vote of the people of the City of Iowa City. The proposed ordinance is as follows: AN ORDINANCE ESTABLISHING POLICY FOR MEDICAL MARIJUAN~AND PARAPHERNALIA POSSESSION PROSECUTIONS, amending Title 8 ~apte~ 5 of the Code of Ordinances of the City of Iowa City, Iowa by adding a provision relating to medical marijuana and paraphernalia cases pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective. NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: That Title 8, Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa relating to the possession of a misdemeanor amount as defined by state law of marijuana and possession of marijuana drug paraphernalia is amended as follows: A. The purpose of this Initiative is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or paraphernalia used to consume medicinal marijuana. B. Adults who obtain and use marijuana and/or marijuana paraphernalia for medicinal purposes pursuant to the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction. If an adult obtains a physician's recommendation for marijuana use after an arrest, such charges shall be dismissed. If this provision is held invalid, then a maximum fine of $50 may be imposed. There shall be a strong presumption that the appropriate disposition is a suspended imposition of sentence. Also, physicians who recommend marijuana for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office, unless the adult is also charged with a felony offense arising from the same set of facts and circumstances. The term "seriously ill adults" shall include patients who suffer from side-effects of the treatment of cancer, HIV/AIDS or symptoms of multiple sclerosis, chronic severe pain, glaucoma, arthritis, migraine headaches, or any other serious condition for which marijuana provides relief and for which a duly licensed physician has recommended such use, C. The provisions of this measure are severable-if any provision of this measure is declared invalid, that invalidity shall not affect other provisions of the measure which can be given effect without the invalid provision. D. This Ordinance shall be effective upon passage by the Iowa City City Council or voters of the City of iowa City and any city ordinance or regulation that is inconsistent with this Ordinance shall be null and void once this Ordinance is passed. DATE: May 2, 2005 TO: Mayor and City Council FROM: Marian K. Kart, City Clerk Eleanor M. Dilkes, City Attorney RE: Initiative Petition re: medical marijuana and paraphernalia In response to questions we wanted to clarify the procedure and timelines regarding the recently filed medical marijuana and paraphernalia initiative petition. Pursuant to our City Charter the petition must be filed with the City Clerk at one filing and must contain on its face at least 2,500 signatures 0fregistered Iowa City voters. The City Charter was amended this year to allow sufficient time for Clerk's certification, supplementation of the petition if insufficient, and consideration by Council prior to the' ballot deadline. The initial petition with the minimum number of signatures must be filled at least 110 days prior to the state ballot deadline. Once the petitions have been submitted the City Clerk shall complete a certificate as to the petition's sufficiency within 20 days. After checking each signature against current voter rolls, one of two procedures will occur: 1) The required 2,500 signatures will be verified and a "Certificate of Sufficiency" issued, and the Certificate submitted to you at your next Council meeting. Or, 2) If the petition lacks the required 2,500 signatures a "Certificate of Insufficiency" will be issued. The petitioner will be notified by registered mail. If the petitioner wishes to amend and submit additional signatures the City Charter provides for the filing of a "Notice of Intent to Amend" within 15 days. Additional signatures may be filed after that Notice is filed and will be verified in the same manner as the original submission. Petitioners filed a revised (see attached) "Affidavit to Commence Initiative Proceedings" on April 28. Please note that while changes were made to the proposed ordinance following the City Attorney's letter to Mr. Pappas the substantive issues regarding the ordinance's enforceability if passed by the Council or voters still remain. The deadline for filing Petitions containing 2,500 signatures with the City Clerk will be May 13. Once a petition has been certified sufficient the Council must either adopt the proposed measure or place it on the ballot. Cc: George Pappas AFFIDAVIT TO COMMENCE INITIATIVE OR REFERENDUM PROCEEDINGS STATE OF IOWA ) ) COUNTY OF JOHNSON ) The undersigned petitioner(s) hereby propose(s) to commence initiative or referendum proceedings pursuant to Article Vll of the Charier of Iowa City. 1. Each of the undersigned is a voter who is registered to vote in Iowa City. 2. The undersigned will supervise the circulation of the initiative or referendum petition and will be responsible for filing it in proper form with the City Clerk of Iowa City. 3. The name(s), address(es), and phone number(s) of the petitioner(s) is (are) as follows (print or type): 4. All relevant notices relating to the initiative or referendum proposal~ be~ addressed as follows: ~ ~.~¢a P* ~ 004'5 , (Name of redpient) ~,~ ~ ~. ~. ~. ~ S~eet Address ~ Post Offi~ ~x [0~ ~ : ~ ~0 Ci~, S~te, ~p ~e 5. ~e o~inan~ pm~sed or s~ht to ~ re~nsidered is aUa~ed he.to as an e~ibit and by ~s referendum made a pa~ hereof. Subscribed and sworn to before me, a Notary Public, on this e2 J' day of rl _ by and , to me known to be the person(s) who executed the foregoing Affidavit, and who (or each of whom) acknowledged that he/she executed the same as his/her voluntary act and deed. Notary Public My commission expires ~//~ TO: CITY COUNCIL - CITY OF IOWA CITY - IOWA CITY, IOWA We, the undersigned, being duly qualified electors of the City of Iowa City, County of Johnson, State of Iowa, present this Initiative Petition and respectfully request that the following proposed ordinance of the City of Iowa City be passed: ~ by the City Council, and if not passed by the City Council, that it be submitted to;:-: a vote of the people of the City of Iowa City. The proposed ordinance is as follows: AN ORDINANCE ESTABLISHING POLICY FOR MEDICAL MARIJUANA~ND PARAPHERNALIA POSSESSION PROSECUTIONS, amending Title 8 Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa by adding a provision relating to medical marijuana and paraphernalia cases pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective. NOW, THEREFORE, BE IT ORDAINED BY THE pEoPLE OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: That Title 8, Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa relating to the possession of a misdemeanor amount as defined by state law of marijuana and posseSsion of marijuana drug paraphernalia is amended as follows: A. The purpose of this Initiative is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or paraphernalia used to consume medicinal marijuana. B. Seriously ill adults who obtain and use marijuana and/or marijuana paraphernalia for medicinal purposes pursuant to the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction. If an adult obtains a physician's recommendation for marijuana use after an arrest, such charges shall be dismissed. If this provision is held invalid, then a maximum fine of $50 may be imposed. There shall be a strong presumption that the appropriate disposition is a suspended imposition of sentence. Also, physicians who recommend marijuana for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such circumstances shall cause affected individuals or parties to not be subject to arrest, prosecution, punishment, or sanction, unless the adult is also charged with a felony offense arising from the same set of facts and circumstances. The term "seriously ill adults" shall include patients who suffer from side-effects of the treatment of cancer, HIV/AIDS or symptoms of multiple sclerosis, chronic severe pain, glaucoma, arthritis, migraine headaches, or any other serious condition for which marijuana provides relief and for which a duly licensed physician has recommended such use. C, The provisions of this measure are severable-if any provision of this measure is declared invalid, that invalidity shall not affect other provisions of the measure which can be given effect without the invalid provision. D, This Ordinance shall be effective upon passage by the Iowa City City Council or voters of the City of Iowa City and any city ordinance or regulation that is inconsistent with this Ordinance shall be null and void once this Ordinance is passed. MINUTES FINAL DEER TASK FORCE MEETING MARCH 22, 2005 LOBBY CONFERENCE ROOM - CITY HALL MEMBERS PRESENT: Pat Farrant, Chair; Alan Nagel; Harold Goff; Jan Ashman; Linda Dykstra; Martin Jones; Gene Szymkowiak MEMBERS ABSENT: Pete Sidwell, Peter Jochimsen, STAFF PRESENT: Kathi Johansen OTHERS: Tim Thompson (IDNR) CALL TO ORDER: Chairperson Farrant called the meeting to order at 5:55 PM. RECOMMENDATION TO COUNCIL: Nagel moved that the Deer Management Task Force recommend that the Iowa City City Council allow bow hunting on private property and on designated City property, subject to DNR rules and procedures; seconded by Goff. Motion carried 5 to 2; Ashman and Farrant voting in the negative; Jochimsen and Sidwell absent. APPOINTMENT OF GENE SZYMKOWIAK TO THE BIOLOGIST/SCIENTIST POSITION: Farrant welcomed Szymkowiak to the Task Force, stating that the City Council had approved his appointment. APPROVE MINUTES OF MARCH 1, 2005, MEETING: Farrant stated that she had a couple corrections for the minutes. On the second page, about half-way through the second paragraph: Goffnoted that for the past five years they have talked about bow hunting, but they have not acted on it. He asked that they continue this discussion, and attempt to reenact bow hunting. She stated that since they never did "enact bow hunting" that this statement is not correct. Nagel suggested "reinstitute," but Farrant stated that wasn't it either. A brief discussion ensued, and it was decided to change this to "permit bow hunting again." Farrant next noted a misspelling under "Community Comment." She believes the name is Dan Harbit, not Harvat. Nagel then asked for clarification off The members agreed that they do need more information regarding bow hunting and hunters, in regards to proficiency and numbers. He stated that he does not remember any agreement. He suggests they strike this from the minutes. A brief discussion ensued on this, with other members stating that they do remember this being said. The decision was made to change The members to Some members. Goffthen noted that under the "Update on Biologist/Scientist Position," it states: ...the Council would be confirming his appointment to the Task Force. He stated that he feels the wording should be considering his appointment. Then under "Community Comments," Goff noted that the town of Marion is misspelled. The members agreed with these corrections. Ashman moved to accept the minutes for the March 1, 2005, meeting as amended; the motion was seconded and passed 7 to 0 (Jochimsen and Sidwell absent). DISCUSSION OF DEER MANAGEMENT: Sharpshoot: White Buffalo, Inc., Report: Farrant noted that everyone should have a copy of White Buffalo's report for the recent sharpshooting. She asked if there was any discussion regarding the report. Nagel asked if they had an accounting of the whole cost, including processing and incidental costs. Johansen noted that they do, and she asked if Farrant wanted her to distribute this information at this point. After members reviewed this information, Farrant asked for member comments on the White Buffalo report. Nagel noted that 154 deer were killed, but that nothing was said about the ratio of males to females. Goff noted that he does not fully understand what mechanism White Buffalo uses to select the sites, other than convenience. Safety is an issue, of course, but he noted that some of the "hot spots" for deer were not selected. He wondered if White Buffalo had gotten the information they needed in order to select these spots with known deer. Jones brought up that he had, in fact, contacted Johansen regarding the deer problems in his area, and had given her names and contact information. Johansen stated that it may have been helpful if she had been able to get this information to White Buffalo sooner, in order for them to contact people and to make plans for hunting in these problem areas. Jones noted that these people were never contacted, and that he heard complaints from them regarding this. Nagel noted that perhaps they need to make the selection of sites part of the annual report, in order to allow more citizens to get involved in the process of site selection, and even having their own acreage be a part of the selection. Farrant noted that a lot of the problems with this recent shoot have to do with them being off schedule, and that she feels if they get back on schedule, things will work out better for the next deer kill. Nagel noted that the newspaper said repeatedly that there would not be shooting on the west side. He asked why someone within the City did not correct this error with the newspaper. Johansen requested that Nagel obtain copies of the articles he was referring to and forward them to her. Ashman suggested they invite Tony from White Buffalo to one of their meetings to address some of the questions the members have regarding site selection, etc. Nagel then asked where within the City does the responsibility lie for selecting these deer kill sites. Farrant noted that she does not remember how the zones were set up, but that they were set up in 1997 with the first Task Force. Nagel stated that it isn't the zones, but the selection of shooting sites that he is asking about. Farrant asked that the members keep a civil tone with each other, and that perhaps they should develop a list of questions, such as Nagel's, and then they could get answers to these questions. Nagel asked that they find out where the responsibility lies for the selection of sites, within the designated zones. Farrant noted that she does know that the police department was involved in this process, in the past, but that they will find an answer for Nagel's question. Szymkowiak then asked about time frame and if there was a specific time they had to do the deer kill in. Farrant noted that there is a sequence of steps that is followed each year, with IDNR being involved. She noted that a simple chronology would probably be a good idea, in order to show this time frame. Thompson noted that this past year, due to the Task Force getting set up so late, things were not the same. Nagel stated that the next question would be what is the determination involved when our report documents to City Council say "up to 282 deer" and yet they ended up with 154; and that it was to be "antler-less" deer, but that also was not met. Farrant clarified this by asking if he wanted to know why this goal was not met. The discussion turned towards guidelines for sharpshooting, and if the IDNR has any stipulations about this. Thompson did mention that the goal of the IDNR is to manage the deer as a resource, not as a pest. Farrant stated that she would try to get answers to the three questions posed during this discussion. Bow Hunting: Nagel stated that he feels that they covered this topic pretty well at the last meeting, and that he feels the Task Force is ready to make some decisions. Thompson gave some background on the IDNR's efforts in the past with deer control along the corridor, between Cedar Rapids and Iowa City. (TAPE ENDS) Farrant noted that one issue still on the table is humane methods of deer kill. She noted that at past public hearings, it was a big issue about whether bow hunting was humane. The discussion continued over whether or not bow hunting was humane, with Szymkowiak noting that it is legal in the State of Iowa to bow hunt, and that the sharpshooting just is not keeping the population under control. Jones noted that he feels auto/deer collisions are a liability issue for the City, and that sharpshooting is not working adequately. Farrant suggested they get public comment on this issue, to see what the accepted method would be. A heated discussion continued about the issue of bow hunting and what the public would agree with, as far as deer population control. Nagel moved that the Deer Management Task Force recommend that the Iowa City City Council allow bow hunting on private property and on designated City property, subject to DNR rules and procedures; seconded by Goff. Motion carried 5 to 2; Ashman and Farrant voting in the negative; Jochimsen and Sidwell absent. Thompson noted that there would be some procedures to go through, with the City, if this recommendation is approved. Nagel also noted that it should be in the minutes that sharpshooting will also be needed for at least a few years. That this is not a recommendation to replace sharp- shooting and members are aware that amendments to Code will be needed, as well, and that operation guidelines will be in place, as well. Due to time constraints, Chairperson Farrant noted that they would skip down to Larry Stone and let him speak for a few minutes, if he so desired. THE FOLLOWING ITEMS WILL BE PLACED ON A FUTURE AGENDA: USDA Involvement in Deer Management Deer Reflector System Gary Brown Sharpshooting Inquiry Handouts EDUCATION AND OUTREACH: Larry Stone Educational Program "Whitetail: Treasure, Trophy or Trouble?": Stone noted that he was there to listen, and to make sure he was prepared to address the issues here. He noted that he has a March 28 presentation at Parkview Church, and also a March 31 presentation at Kent Park. He invited everyone to attend his presentation on the whitetail deer. COMMUNITY COMMENT: Jim Pluth from Walnut Ridge stated that he is very concerned about the deer population. He noted that he has had upwards of 30 deer in his backyard on once, and just last week he had 17. Joel Flack spoke next. He is in favor of bow hunting, and explained why he feels they need to open this up. Farrant reminded him that public comment is limited to five minutes each. Linda Tomblin asked Thompson where the deer population is currently. OTHER BUSINESS: Members asked Johansen to check on the City's web site about a link for receiving public comment on the deer question. Nagel also noted a link regarding programming schedules, and that it is no longer working and should be removed. SET AGENDA AND TIME FOR NEXT MEETING: The next meeting was set for April 19, 2005, at 5:45 PM, at City Hall in the Lobby Conference Room. (TAPE ENDS) ADJOURN: Ashman moved to adjourn the meeting at 7:30 PM; motion was seconded and carried 7 to 0; Jochimsen and Sidwell absent. Minutes submitted by Laura Berardi Deer Management Task Force Attendance Record 2005 1/18 2/15 3/1 3/22 J. Ashman X A X X L. Dykstra X X X X P. Farrant X X × X H. Goff X X X X M. Jones × A A X P. Sidwell A X X A A. Nagel X X X X P. Jochimsen X A × A G. X X Szymkowiak Key: X = Present A = Absent NM = No Meeting MINUTES FINAL DEER TASK FORCE MEETING APRIL 19, 2005 LOBBY CONFERENCE ROOM - CITY HALL MEMBERS PRESENT: Pat Farrant, Chair; Alan Nagel; Harold Goff; Jan Ashman; Linda Dykstra; Peter Jochimsen; Pete Sidwell; Gene Szymkowiak MEMBERS ABSENT: Martin Jones STAFF PRESENT: Kathi Johansen, Sue Dulek OTHERS: Gary Brown CALL TO ORDER: Chairperson Farrant called the meeting to order at 5:49 PM. RECOMMENDATION TO COUNCIL: Nagel moved that the Deer Task Force recommends to City Council that the City request the necessary authorization from the IDNR for 2005-2006 Deer Management by sharp shooting and bow hunting, under the guidance of IDNR; seconded by Szymkowiak. Motion carried 5 to 3; Jones absent; Ashman, Farrant, Sidwell voting in the negative. APPROVE MINUTES - MARCH 22, 2005: Farrant noted a misspelling of Linda Tomblin's name (minutes have Thomlin). 'Nagel stated that the last name of the gentleman noted as "Jim from Walnut Ridge is Pluth. Nagel also noted that under "Bow Hunting" on page 3, where it states, "Jones noted that he feels it is a liability issue...". Actually the issue is "auto/deer collisions." Also where the minutes state, "Nagel also noted..." it should state, "Nagel also noted that it should be in the minutes that sharpshooting will also be needed for at least a few years; that this is not a recommendation to replace sharpshooting; that the members are aware...". Ashman moved to accept the minutes for the March 22, 2005, meeting as amended; seconded by Nagel. Motion passed 8 to 0 (Jones absent). COMPLETE REVISIONS TO WORKING DRAFT OF 2004-2005 DEER TASK FORCE REPORT (distributed last month): Nagel asked if they could move Item 4 up to Item 3 on the agenda, and asked for an update on Council procedure for bow hunting recommendation. Farrant noted that since there seemed to be some confusion over time frames she has prepared a chronology to help answer member questions. She noted again that the past year was "out of sequence," but this year is back on track. Nagel noted that according to this chronology, it seems that they are ready to make a motion that they do expect deer to be killed next winter. Farrant noted that their report is due to the DNR. on or before May 20th. Nagel then asked what was happening with the motion the Task Force made at the last meeting. Johansen noted that the motion is with the City Council and it is not on tonight's City Council agenda. Goff stated that would hope that the Task Force would give the City Council more information before asking them to act on the recommendation, noting that the Council should be given a rationale as to why they made it. Goff stated that they could make this information available either in a separate document, or as part of their annual report. Farrant noted that this report covers the year past, culminating in the deer kill for the 2004-2005 season. This is the report due to the D.N.R. in May, and it does not contain a recommendation for the upcoming 2005-2006 deer kill. A discussion ensued, with much confusion over what the report due by May 20th actually is, and what it covers. Farrant attempted to explain how the time frames work, noting again that this past year was "out of sequence." She noted that this report explains 2004-2005 activities. It will be sent to the DNR., along with the City's request for authorization for a special deer kill. Goff noted that the last report was approved on September 23, 2003, for the 2003-2004 report. He also stated that normally (last year aside, as it was "out of sequence") the Task Force generates this report over the summer, and it contains the recommendations for the upcoming fall or January shooting. Dulek suggested that the group decide what they want in this report, as they seem to be getting nowhere with this discussion. Nagel moved that they approve the 2004-2005 report as it stands and begin work tonight on revising the 2005-2006 report. Goff seconded the motion. The discussion picked up again with Farrant noting that Johansen used a copy of the 2003-2004 report as a starting point to make updates that she could do, to date, and prepared this 2004-2005 report for further updating. She noted this report needs to be updated with White Buffalo's summary information of the February deer kill. Nagel then asked "as of what date" are the statements in this report bound, and Farrant noted that the "end of the year" is once they get the information from the deer kill and it is included in this report. After further discussion, Nagel stated that perhaps he needs to withdraw his motion. Farrant noted that if Nagel did withdraw his motion, which would eliminate most of the changes proposed to the report, she would be willing to work with Johansen on making sure they get the necessary updates made, a final copy prepared and circulated, and an approved copy readied for the IDNR. Nagel withdrew his motion; Goff agreed. Discussion turned back to the chronology of the Task Force, and where they need to be this month. Farrant noted again that the recommendations to the Council are a separate issue from the annual report. Nagel revived his motion that they "have to begin as soon as possible with the 2005-2006 report. No second heard. Nagel withdrew his motion. Nagel noted that under "Long-Term Deer Management Plan" it states there are educational pamphlets, and he asked if there are any. It was noted that the Library has these, as do other City buildings. Nagel then asked about the television programs. Ashman noted that there are most likely some reruns. Nagel then noted that a link under television programming on the City web site is dead. Dulek then noted that the Long Term Plan is the Council's not the Task Force's. She noted that the group can make recommendations to the Council regarding this plan, but they cannot change the Long Term Plan themselves. Jochimsen then raised a point of order, stating that the discussion is not on the agenda. Farrant noted that it is under Item 3, "Complete revisions to working draft of 2004-2005 Deer Task Force Report". He noted that it seems to him that the more pressing issue is working on the recommendations, not this report. Farrant reiterated that it must be done by May 20th, and that they do in fact have two projects: the updated report and the recommendations. She feels they could accomplish most of the updating of this report by having Johansen update. She also noted adding the Larry Stone program under "Education", and saying "kill deer" rather than "deer removal", and members agreed. Nagel suggested that on pages 24 and 25, the two Q and A's be deleted, but members noted that this is still valid and should remain. Farrant asked the members if they agreed to have Johansen make these minimum changes and send the report out to members with the minutes, and they could then approve this at the next meeting. Goff asked if page 9, ~third paragraph, where it states "...recommends the City Council issue a request to University of Iowa President Skorton..."; if this was not outdated. Farrant asked Johansen if they were going to do this again this year, and Johansen stated they are. Nagel asked for a clarification on just what their goal is, 25 or 35 deer per square mile? Dulek noted that the Long Term Plan refers to 35, paragraph 4. Dykstra asked if they had a copy of the first recommendation that was made to Council, and Farrant said she will check her files for this. Dykstra noted that this recommendation really "spoke" to the whole issue and she feels they should look at this again, before they give their recommendation to the Council this year. (TAPE ENDS) DEER MANAGEMENT 2005-2006: · Bow hunting recommendation - Farrant asked if anyone wanted to take responsibility for creating this recommendation. Goff stated that he would work on this with Nagel, and they will have something for members before the next meeting. Questions were raised again about the Council's procedure with the Deer Task Force recommendations. Dulek noted that most likely the topic will be raised at a Council work session, and if four members agree to have the ordinance amended, the issue will be placed on the regular meeting agenda. At that time the Council would let City staff know how they want the ordinance written. Jochimsen asked the members where they stand on the recommendation, as he was not present at the last meeting when it was made. Farrant noted the vote was 5 to 2, and did carry. Jochimsen stated that he would have voted for it and Sidwell stated he would have voted against it. Discussion then turned back to exactly what the Task Force recommendation is. Nagel asked if they were ready to have a motion made that would state the next year they carry out deer management, by both sharp shooting and bow hunting. Discussion continued over the wording of this recommendation. Nagel moved that the Deer Task Force recommends to City Council that the City request the necessary authorization from the IDNR. for 2005-2006 Deer Management by sharpshooting and bow hunting, under the guidance of IDNR.; seconded by Szymkowiak. Motion carried 5 to 3; Jones absent; Ashman, Farrant, Sidwell voting in the negative. · Other issues-None. EDUCATION AND OUTREACH: · Follow-up: Larry Stone Educational Program - Several members noted that they had attended Larry Stone's program and that it was well received. · "Humane Solutions to Conflicts with Wildlife" - Ashman asked the members if they were interested in taking a look at the "bigger picture" - seeing why they are in the situation that they are with deer - looking at ways to minimize plant damage where people live, and what their expectations are, etc. Szymkowiak asked if she was looking at actual recommendations being made to the City Council, and Ashman stated that she was talking more about public education. Szymkowiak noted that he feels they should make recommendations to the Council, so that actual changes take place. Nagel noted that he is not in favor of this as he read an article recently regarding a Humane Society representative. Ashman noted that her ideas have nothing to do with the Humane Society. COMMUNITY COMMENT: Farrant introduced Gary Brown, and noted that members had received a copy of his letter. Brown stated that he would like to have the opportunity to make a proposal to the City regarding their deer kill contracting. After a brief discussion, it was suggested that Brown contact the City directly as they make the choice, not the Deer Task Force. OTHER BUSINESS: None. SET AGENDA AND TIME FOR NEXT MEETING: Tuesday, April 26, 2005, at 5:45 P.M., Lobby Conference Room, City Hall. ADJOURN: Meeting adjourned at 7:20 P.M. Minutes submitted by Laura Berardi Deer Management Task Force Attendance Record 2005 1/18 2/15 3/1 3/22 4/19 J. Ashman X A X X X L. Dykstra X × X X X P. Farrant X × × X X H. Goff X X X × X M. Jones × A A X A P. Sid,veli A X × A A. Nagel X X X X X P. Jochimsen X A X A X G. X X X Szymkowiak Key: X = Present A = Absent NM = No Meeting MINUTES SCATTERED SITE HOUSING TASKFORCE FEBRUARY 28, 2005 LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Joan Vandenberg MEMBERS ABSENT: Sally Stutsman STAFF PRESENT: Steve Nasby, Steve Rackis OTHERS PRESENT: Charles Eastham, Amanda Cline, Maryann Dennis, Tracy Glaesemann, Alexis Kluklenski, Luke Pelz, Patti Santangelo CALL TO ORDER: Chairperson Hayek called the meeting to order at 4:45 pm. Approval of the January 24, January 31, and February 14, 2005 Minutes: Several edits and revisions submitted for the Minutes. MOTION: A motion was made by Left, seconded by Vandenberg, to approve the January 24, January 31, and February 14, 2005 Minutes as amended. Motion carried unanimously. DELIBERATIONS REGARDING RECOMMENDATIONS TO THE CITY COUNCIL Hayek said the subcommittee that was formed at the end of the February 14 meeting, which consisted of himself, Anthony, and Vandenberg, met two times and wrote a draft of the Taskforce's initial findings. He distributed the latest draft of the findings, and added that the plan is for the list of findings to be part of a larger narrative document, which has not been created yet. At this point, the Taskforce should review and discuss the findings document, then schedule a public hearing to invite public comment, after which the Taskforce-will meet to finalize and adopt a report for the City Council. Hayek added that he would like to review each point of the findings during this meeting. The beginning of the document has three general policy objectives. The first one addresses current and future concentrations of poverty. He invited Anthony to comment on that point. Anthony suggested that discussion of poverty be avoided in the findings because there is no clear correlation between assisted housing and poverty. Also, the Taskforce has been charged to look at assisted housing, not poverty, and the poverty data is skewed by the student data. It is a good point to have, but without a clear correlation between assisted housing and poverty, the statement might not fit into the Taskforce's findings. Anthony noted that assisted housing can be occupied by people at higher incomes, 50-70% median income. On the other hand, poverty is defined at 30% median income or less. Anthony added that poverty does need to be addressed, and the subcommittee members were discussing a section in the overall report that would examine transitional housing and provide the context for the Taskforce's recommendations. He suggested that concerns about poverty be addressed there. Hayek suggested omitting "current" and saying instead "take steps to prevent" poverty. Anthony said there is still a question regarding the connection of assisted housing with poverty. He said that the statements about poverty are good to have in the document, but there is no data to support it if it were challenged. Vandenberg agreed that it is good to include a statement about poverty as a policy statement, for consideration in regards to future development. She said poverty goes beyond assisted housing, and that issue could be addressed in the report as well. It is good to have it up front and prominent. Peterson said Scattered Site Housing Taskforce Minutes February 28, 2005 Page 2 it seems like the Taskforce is back at square one regarding poverty, where many members know pockets exist, but there is no supporting data they can use to specifically define it. Clausen said she agrees with Hayek's suggestion to omit "current," and say instead to "prevent" poverty. Including the statement might convey to the City that the Taskforce wants attention given to the issues of poverty without tying it to specific numbers. Hayek said he would like to have a statement about poverty in the findings. Clausen confirmed that excluding poverty data would exclude columns with X's in poverty. Peterson agreed that saying "prevent" would work. General agreement expressed for the change. Hayek read Point 2 of the general findings. Anciaux suggested saying "increase affordable housing generally." Peterson suggested switching the order of the clauses, so that affordable housing is listed first. Hayek suggested changing the statement to "maintain commitment to both affordable and assisted housing." Peterson and Leff agreed. Anciaux questioned whether the City should maintain the commitment to assisted housing. Hayek observed the statement as worded might imply a current commitment on the part of the City. Peterson suggested changing the statement to "maintain assisted housing and increase availability of affordable housing." Anciaux suggested "increase opportunities for affordable housing." The Taskforce members expressed general agreement. Nasby asked whether "generally" would be included or deleted from the statement. Hayek said it should be removed. Nasby said without including the word "generally," the statement might be interpreted to mean affordable housing only for Iow-moderate income families, though families at 80-100% median income also need affordable housing. Anciaux suggested making two separate statements, one saying commitment to assisted housing should be maintained, then a second statement about increasing opportunities for affordable housing in general. Flayek suggested the subcommittee discuss and edit that point. Hayek read Point 3 of the general findings. Anthony suggested adding "without reducing the supply of affordable housing" at the end of the statement. Hayek said that issue is addressed in the specific points in the next section. Anthony said this point directly addresses scattering, and his concern is that only this point and not others in the findings would be used. Hayek asked if the same language should be used in both statements, and asked Anthony to restate his addition. Anthony said "without any reduction in the supply of affordable housing." The Taskforce expressed general consensus for the point, as edited. Hayek read Point 1 under the specific findings section of the document. Anthony said the subcommittee had discussed an additional provision to the statement that the City should take steps to find locations in other census tracts for transitional and emergency housing. The point is not to stop transitional housing, but to locate it somewhere other than block group 18.2. Anciaux asked whether the statement should specify tract 18 in general, or block group 18.2 in particular. He would prefer not to have any additional assisted housing in tract 18 at all. Vandenberg agreed. Anciaux asked how many units would be in the new Shelter House. Peterson said 35 unit equilvants or about 70-75 people. Anciaux asked whether all transitional and emergency housing is currently located in tract 18. Vandenberg said not all transitional housing is located there, although nearly all of the family units are there. Anciaux estimated 90% is located in that area. Vandenberg said she does not know exact numbers. Anthony said that transitional housing is there because the properties are inexpensive. Peterson added that the strength of the market would be tough to fight. Anciaux said he would like to reserve comments on this point for later in the meeting. Hayek read Point 2. Anciaux asked if the recommendation in this point is legal. Rackis said no, under Title 24 of the Code of Federal Regulations, residency requirements are prohibited. Residency preferences are allowed, but cannot be based on how long an applicant has resided or worked in a Scattered Site Housing Taskforce Minutes February 28, 2005 Page 3 residency preference area. If someone from outside the residency preference area gets a job or an offer for a job, they must be given the same preference as current residents of the preference area. Anciaux asked whether people could use a Section 8 voucher issued outside of Iowa City. Rackis said yes, provided the transfer is allowed by the Housing Authority that issued the voucher. If Iowa City is too expensive for the voucher in the issuing office, it will be denied. He added that a working family preference does not have to be tied to residency, just whether the family is working. If someone working in Cedar Rapids comes to the top of the waiting list in Iowa City, the same working family preference is given as to someone who lives in Iowa City. This approach has been considered as a way to reduce costs per unit, but there is no way to control whether the person would quit the job immediately upon receiving the voucher. It is a question of what the preference is intended to accomplish. Hayek asked Rackis how he would recommend helping current residents qualify for assisted housing first. Rackis said he would expand existing programs such as Greater Iowa City Housing Fellowship. He does not know whether that goal is achievable through Section 8 vouchers and public housing, though he would be willing to discuss it. He added that a residency preference would serve a single UI student before it would help a single mother from another community who is currently on the waiting list. Clausen asked why this finding was included. Anthony said it would be fairer to current residents of Iowa City. Rackis added that another way to help local residents is to provide local money, rather than Federal funding. Peterson asked whether students who come to Iowa City for school and pay non-resident tuition are considered residents for housing purposes. Rackis said no, what it means is that if someone has an offer of a job, including nonresident students, that person would be afforded the same preference as someone who currently lives in the geographic preference area, regardless of where that person currently lives or works. Dennis said that this is not allowed because in the past it had been used as a tactic to keep people of protected classes from living in certain places. Hayek said that he understands from the City's legal staff that some form of residency preference would be permissible. Rackis said that HUD does allow certain preferences, which are in accordance with nondiscrimination and equal opportunity. Dennis noted that while the Taskforce does not intend to use a preference to discriminate, historically that was why HUD disallowed residency requirements. Hayek said the intent of the recommendation is to suggest the City explore permissible means of adopting a residency preference that would be within HUD and constitutional boundaries. Rackis said he is willing to discuss different options before the final recommendation is written. Hayek added that much of the discussion on how it would work should be on the implementation end, while the Taskforce needs to discuss whether the recommendation makes sense. Clausen said it seems like this recommendation and a preference would be limiting in the long run. Vandenberg said she would like to help the situation of assisted housing availability become finite, to help the people who are already in Iowa City. If Iowa City has a short waiting list for housing, people will move here because of that fact, which would mean the City would never be able to meet the needs of its residents. There are some very poor public policy situations in the surrounding urban areas that directly impact Iowa City. Rackis said such a policy would not stop people from moving to Johnson County for the housing. If a residency preference is adopted that says preference will be given to people who live here or have a job here, all people have to do is get a job or establish an address in order to be bumped to the top of the waiting list. Vandenberg said if the City would provide funding, the City might be more supportive of helping local programs. Rackis said all current funding is Federal. Vandenberg agreed, but would like a recommendation for the City to provide funding. Eastham asked why the Taskforce is looking at Section 8 when the charge is to look at publicly assisted housing. Hayek said he thinks it falls within the purview of the Taskforce. If others do not agree, they will have an opportunity to raise that concern at the public hearing. Eastham asked whether the residency preference would be extended to all publicly assisted housing, which would include housing through other programs such as Habitat and the Housing Fellowship. Hayek said it would be applied to public housing owned by ICHA and Section 8. Scattered Site Housing Taskforce Minutes February 28, 2005 Page 4 Rackis said ICHA funding is Federal. Vandenberg said the problem is that there are other city housing policies that are much more restrictive than Iowa City's, which directly affects the local community. Anciaux asked Eastham if the Housing Fellowship recruits from outside of Iowa City for eligible families. Eastham said no, and they do not advertise at all. Anciaux suggested instead encouraging the City to recruit and urge its current eligible residents to apply for housing and get on the waiting list. More information should be made available. Rackis said 60% of the people on the ICHA waiting list have Iowa addresses. Residents at Emerson Point are encouraged by the landlord to fill out an application for a unit. Various groups that work with eligible populations encourage people to apply, regardless of their residence. Anciaux asked whether the City should be putting more effort into distributing information about available programs, and encouraging residents to apply. He asked whether any recruiting methods are currently in place. Rackis said there is a Policy Coordinating Committee (PCC) in the family self-sufficiency program, which was built to leverage resources. There are any number of activities through the PCC and other local homeless coordinating boards, that occur on a weekly or monthly basis, where information about different programs is shared. People who deal with eligible populations are made aware of the programs available to assist those populations, including housing. The advertising is through interagency referral, and with -2200 names on the waiting list, it seems additional advertising is not needed. Dennis said there is a difference between referral and recruitment. Anciaux agreed that "encourage" would be a better term. However, if the feeling is that residents are not being served, they should be encouraged to apply. Rackis said outreach is being done, and added that he would be willing to discuss the idea of residency preferences, so that the Taskforce is aware of what making that recommendation may entail. Hayek said the intent of this recommendation was to address the issue raised by many of the organizations that presented for the Taskforce, saying that the current housing needs in Iowa City are overwhelming and do not let up. The suggestion is that the best thing to do with limited resources is to help the current residents, and examine ways to reduce the future needs. He would like to discuss in general if such a recommendation is a good idea, and if so, the subcommittee can meet with Rackis and other offices to learn more about this matter. The recommendation may simply say the City should examine constitutionally or HUD-permissible approaches to some sort of preference. The intent is not to have the Taskforce work out all the implementation details. Anciaux said that one of the attendees at the first public hearing worked at Oral-B or another company in that area, and was receiving housing assistance. Other employees at those companies might be eligible if they would apply. Vandenberg said that with a waiting list of 2200, very little outreach is done since the end of the list is so far off. Anciaux asked if there is a point system that would move applicants up the list. Rackis said no. The current preference is if applicants are elderly, disabled, or a family with children under 18, because eligibility for those preferences can be verified by third-party data. Hayek asked if there were any additional comments on the two parts of this point, 1) to address current needs and attempt to reduce future needs, and 2) it is a recommendation that the City pursue or adopt a permissible preference policy. Rackis said no mention could be made of a time frame. Anthony asked if there was consensus with the points. Clausen asked for confirmation that the residency preference will not require people to live in Iowa City for a certain number of years before being able to apply. Hayek said it would be a preference, not a requirement, in whatever form that HUD allows. Vandenberg said the recommendation is to allow people who live in Iowa City to have the first chance at available housing. Clausen said she does not agree with that recommendation, since there are people who might be living in another community simply because they cannot afford to live in Iowa City, even though they want to live here. Vandenberg said the option in those cases would be to give the same preference to people who are currently employed in Iowa City. Clausen said she agrees with having a preference system, but does not agree with the way it is currently worded in the document. Hayek said the subcommittee members would like to know whether there is support from the other Taskforce members for the intent behind the recommendation, before the subcommittee consults with outside experts and revises the language of the recommendation. Scattered Site Housing Taskforce Minutes February 28, 2005 Page 5 Clausen said her concern comes from statements that indicate people are encouraged to move to Iowa City because it is easy to get housing here, which is not true. It may play into other prejudices based on people's race or their trade, so when they get here they are labeled. Anciaux said he thinks the point is that there are enough needy people who already live in the community and need services, without doing additional recruiting or encouragement. With the current resources, he would prefer to help someone who already lives here. Hayek noted the recommendation is for a preference, and is not intended to prevent people from moving to Iowa City. Clausen said she agrees with a preference. Hayek said the subcommittee would take up revisions to the recommendation. Hayek read Point 3. The Taskforce expressed general consensus for the point as written. Hayek read Point 4. Anthony said the general language needs to be adjusted. The Taskforce expressed general consensus with the point. The subcommittee will revise. Hayek read Point 5. Anthony explained that the logic behind this point is that if the private market can provide enough affordable housing options, assisted housing would not be needed. The Taskforce expressed general agreement with the point as written. Hayek read Point 6. Anthony said the subcommittee did a fair;share analysis of rental housing, and found that most rental housing is concentrated in 10 block groups. Peterson asked how many total block groups are in Iowa City. Nasby said 31. Anthony noted that a recommendation to scatter assisted housing is only practical if rental housing is built in more block groups. Nasby said that rental units are allowed anywhere, but the distinction is with the higher density rental units. Anthony agreed, saying that was why the statement recommends Iow- and medium-density rental units. The intent is for housing that is denser than single-family housing, but not huge complexes of apartments. Clausen suggested revising the phrase "take rental housing away," so it does not imply a reduction of current rental housing. Anthony, suggested using the word "disperse." The Taskforce expressed general agreement with the point as edited. Hayek read Point 7. The Taskforce expressed general agreement with the point as written. Hayek read Point 8. Anciaux asked whether the County is responsible for funding Welfare. Peterson said the City funds a lot of human services. Anciaux asked if the City has an obligation to provide assisted housing. Rackis said no, the programs through the ICHA follow HUD requirements and are Federally funded. Anciaux confirmed Rackis' statement that the City currently does not provide any funding for housing. Peterson noted that human services are not required, but that Iowa City provides funding for them. She added that Iowa City carries a greater burden for human services. Coralville does not choose to fund them, because by mandate, it is only required at the County level. Vandenberg said the County is the largest source of funds. Peterson said that other communities do some funding as well, but welfare is a County issue, and the Taskforce is concentrating on Iowa City. The Taskforce expressed general agreement with the point as written. Hayek read Point 9. Anciaux suggested omitting the word "minimal" from the statement, and let the City determine the percentages. Vandenberg suggested changing it to "a percentage." Hayek asked Nasby if "affordable housing" needs to be defined for this recommendation point. Nasby asked how "affordable" is defined, as it can have different meanings for people at different economic levels. Peterson suggested using existing statistics to determine what is reasonable. Hayek said he does not want to over define the points, and suggested attaching an appendix with examples of how an inclusionary zoning policy might work. Vandenberg noted that this option would require minimal cost to taxpayers. Anciaux noted that anything in residential housing is a drain to the tax Scattered Site Housing Taskforce Minutes February 28, 2005 Page 6 base, because industrial and commercial areas are the things that need to be developed to increase the tax base. The Taskforce expressed general agreement with the point, as edited. Hayek read Point 10. Peterson said she likes including this recommendation point, and suggested having an appendix with information about how much it costs to live in Iowa City, versus how much the average person gets paid in various jobs. Left agreed that having the City provide funds to do an educational series similar to the recent series on the School District would be helpful. Anthony asked Nasby about the funds that are being made available for education on affordable housing. Nasby deferred to Rackis. Rackis said the ICHA is providing funding, in partnership with the Housing Trust Fund of Johnson County. The Taskforce expressed general consensus for the point, as written. Hayek read Point 11. Peterson said it should be "school districts." The Taskforce expressed general consensus for the point, as edited. Hayek read Point 12. Anciaux suggested changing "assisted and Iow-moderate" to "all." Many of the problems are not with assisted housing. Peterson noted a typographical error in the next sentence. Rackis noted that of approximately 300 nuisance ordinance citations in the city, only six have involved people in public housing and Section 8. Vandenberg said that the Taskforce wants more rental properties in more neighborhoods, so it might help make neighborhoods more amenable to having rental properties if they are afforded some protection through the City. Anciaux agreed that objections to plans for rezoning relate to rental property, the concern being whether it will be managed well. The Taskforce expressed general consensus for the point, as edited. Hayek read Point 13. He noted that this point is related to regularly reviewing changes in the fair-share matrix over time, so it is current and updated. Anthony said that new development could change whether a particular block group has an X or not. Peterson said it is a way to follow up on the housing situation, and see if there are changes over time. Hayek said the fair-share data is already several years old. While it will not be an easy task to update the data initially, after that periodic updates should be easier to accomplish. Eastham pointed out that further development of affordable housing in the peninsula area, after it is all completed, will result in tract 1.2 being above the City average, if 10% is built as affordable rental housing. Anciaux asked what "affordable" means in this case. Eastham said for rental housing, it is affordable if rent is Iow enough that the residents pay less than 30% of their income for housing. He said public assistance is used to build them, so that rent can be kept at that level. Anciaux asked how much it costs to build the unit. Eastham said -$130K. Hayek noted there is a lot of development slated for that area. Eastham said that the criteria compares assisted housing to assisted housing, rather than comparing assisted housing to all rental housing. Hayek asked if there were any further comments. The Taskforce expressed general consensus for the point, as written. Hayek read Point 14. He said that this was included to ensure that the policy is reviewed, and whether it is having a beneficial impact. Anthony suggested changing "housing" to "scattered site" policies. Hayek suggested changing it to "such." He added that the intent of this point is to avoid inertia. Peterson said many of the ramifications of the policies are unknown, so a review would be beneficial. Left agreed with changing "housing" to either "scattered site" or "these." Anthony said another option is to have a time limit for the policy, and it can be reviewed regularly and adopted again if it is working. Nasby said policies always are at the discretion of the Council, whether or not there is a time limit. Anthony said that it might be more acceptable if it has a time limit, rather than being adopted as a permanent policy that is up for review periodically. If it has positive effects, then adopting it a second time would be easier. Scattered Site Housing Taskforce Minutes February 28, 2005 Page 7 Peterson said she would like to review her notes to see if she had additional items to include in the recommendations. She asked how she would proceed with getting those on the table for additional discussion. Hayek said the draft of the recommendations would be revised by the subcommittee. Peterson asked whether there is an issue in Iowa City with not very many landlords accepting Section 8 vouchers. Rackis said no, there are 450 landlords in iowa City who are currently active in the Section 8 program, and the yearly average utilization of vouchers is 99%. As such, there is not a high incidence of people bringing their vouchers back. Peterson asked whether the active landlords are scattered throughout the county. Rackis said yes. Vandenberg noted that was a problem historically, when the rental market was smaller. However, the market has loosened up enough that the problem has been reduced. Rackis said Iowa City and Coralville numbers are fairly steady, but more vouchers are going to other communities as well, such as North Liberty. Dennis said one of the myths has been that landlords would not accept Section 8 vouchers because the people were bad tenants. However, the reality in Iowa City is more likely that landlords do not want to accept Section 8 because the rents are controlled. Rackis added that with the previous certificate program, landlords were required to use the Housing Authority lease rather than their own, which gave a lot of influence to the Housing Authority. However, with the current voucher program, the landlord is protected by Iowa Landlord-Tenant law. Hayek said that in terms of additional items to add to the current list, he would like to have the subcommittee revise and finalize the document without having to meet again before the public hearing. Peterson said she would email any additional items to the subcommittee members. Hayek asked if that would be a problem in relation to the open meeting policy. Nasby said it can be discussed amongst the subcommittee and included in the document, and Peterson can raise the point again later if it is not adequately addressed. Left thanked the subcommittee for all the hard work put into the document. Hayek said if anyone has any additions, email it to the three subcommittee members, and they would work to finalize the document with City staff, post it, and set it for a public hearing. Hayek said the public hearing should be held on a Monday. Vandenberg said it should happen after spring break. Anthony asked if there is a time frame needed for notice of the public hearing. Nasby said 24 hours is required by state law, but he would give at least two weeks notice. Hayek suggesting having the public hearing on March 21, and then a Taskforce meeting on March 28. The Taskforce normally would meet on the first and third Mondays, which would be March 7 and 21. He asked if the document could be revised and posted in time for a public hearing on March 7. Nasby said no. Peterson said the 21st and 28th are fine. Clausen asked how the Taskforce would see the document before the public hearing. Nasby said the revised copy would be mailed out in the meeting packet once it is completed by the subcommittee. Peterson said that one concern she had which was not addressed by the document related to neighborhood based services and access to critical services. Where concentrations of families who do need support are located, investment is needed into family resource centers and other kinds of neighborhood-based access. This would include childcare and transportation services as well. Peterson added that her other suggestions related more to the schools than to the City. Discussions were initially slanted towards the schools, so she has a separate list of things for the schools to consider. Anthony said the school suggestions could be included in the section of the report where schools are discussed. Left said that would be point 11. Peterson noted that point 11 addresses housing. Hayek suggested school policies could be added to point 11. Left suggested that a letter could be sent back to the School District, since that is where the letter to the City Council originated, with a list of suggestions for them to consider. Anthony said the final report would Scattered Site Housing Taskforce Minutes February 28, 2005 Page 8 include information about schools, where this could be included as well. Vandenberg said number 11 might help with revitalizing tract 18, and some of that would require some strategies for the School District as well. Peterson said one of the drawbacks to scattering housing for high needs families is the ability to serve them with an accessible community building, neighborhood supports, and the informal supports. Some families may feel very isolated and unable to access services. Vandenberg agreed, and said she has some thoughts to add to that discussion. Peterson agreed to include the school suggestions in point 11. Hayek said he might email Peterson some language regarding this recommendation before finalizing the revisions, so that it says what she intends. Vandenberg agreed it is very relevant to housing, because of concerns about isolation and community supports. Hayek asked when the public hearing could be held on the 21st. He asked what time the first one was held. Nasby said 6:30 p.m.. Anciaux said he would like to have the next public hearing in the Council Chambers. Nasby said Council Chambers would be a larger space, as wou~d the library. Anciaux agreed that the library would be more friendly. Nasby will see if space is available at the library at that time. He noted that Council will be meeting that evening so Harvat Hall would not be availabale. Rackis noted it is a work session. Hayek said the Taskforce should go ahead with the public hearing on the 21 Santangelo asked whether the hearing would be taped and broadcast. It might be a good way for more people to see it, especially if it can be requested on the library channel. Anciaux agreed that was a good idea. Nasby asked what time the meeting will be on March 28th. Clausen suggested 4:30. General agreement expressed with that time. Anciaux said he would like to discuss point 1 again. He would like to add to the statement that tract 18 already has x percent of transitional and y percent of the emergency housing, which would go up with the addition of 35 units for the homeless. This recommendation is not intended to impact the location of the new She~ter House, but things need to be done to make sure no more is located in that tract. Clausen asked whether the percentages would already be included in the report. Anciaux said the current language is not strong enough, and does not clarify that this is not a NIMBY situation. Putting the percentages in there might show that it is an overly utilized area, with more than its fair share. Hayek said one way to address this would be to include the percentag, es in the report. Anciaux would like to include some concrete information about why no more of these types of housing should be located in that area. Clausen asked whether saying it should not exceed a certain number would accomplish this. Hayek asked whether Anciaux wants percentages in this space, or in the section of the report that discusses tract 18 specifically. Vandenberg said the shortened version of this document could lose the percents. Anciaux suggested also omitting the statement regarding the arrangements to bus homeless shelter children, since those arrangements have not been finalized. Vandenberg agreed that since the distinction has been made that these are community and housing issues, the last part about school issues should be removed, beginning with "and the fact that..." Peterson asked whether it is fair to consider other housing that are not public or assisted housing, such as trailer parks or large Iow-cost apartment complexes. She asked if there is any way to consider the presence of those kinds of housing as well. Rackis suggested that might be something to address in the management point, since for example most trailer parks start out nice but then are not maintained we~l. Vandenberg said that the question relates to concentrations of poverty, which is not accounted for in the criteria. A block group might have a trailer court and a large apartment complex, but no assisted housing, so it would appear to be a viable place for more assisted housing. Hayek suggested adding some ~anguage about revitalization of neighborhoods. Peterson said she brought it up as something to consider and keep in mind during the discussions. It relates to understanding what a neighborhood looks like, and that the issues are not always public or assisted housing. It would be something to address in both point 1 and under management as well. Scattered Site Housing Taskforce Minutes February 28, 2005 Page 9 Vandenberg suggested saying "future considerations of povedy, considering assisted and non-assisted housing." It should be a broad consideration, rather than focused only on one type of housing. When the City is looking at concentrations of poverty, recommend that the definition be broad enough to include things like trailer courts. Hayek said there is lack of consensus about the ability to link poverty and assisted housing. Rackis said that one of the dilemmas is that assisted housing is one of the solutions to poverty. People who receive assistance pay less income to their rent, which assists their financial situation. People in assisted housing are perhaps not going to appear in poverty data because they are participating in one of the solutions. Employment and training are some of the other solutions. Nasby said the ~ecommendation could be interpreted different ways as it is written, including not allowing redevelopment in student areas because students are typically in the poverty group. Left asked if it is possible to include data tied to point 1 to prevent future concentrations of poverty, which would be attached in an appendix. The appendix could give information about the locations of trailer courts and their numbers of units, for example. Anciaux noted that not all of the trailers are Iow income. For example, units in Saddlebrook are expensive and are not an affordable solution. However, if the point is to diversify housing types throughout the city, trailers are a type that is over represented on the southeast side of Iowa City. Clausen asked if information could be included with information about the different gradations of poverty, and their types. Hayek said they are all good points, but the question is where they fit. Vandenberg added that the difficulty with the whole process has been with quantifying things. Even the block group data is still very broad. Anthony agreed that there is no criterion that is going to be perfect. Anciaux asked if some concentrations of poverty would be identified if the student data could be filtered out. Anthony said that it is possible, but is very hard to predict. Peterson said she would like to strongly encourage the City to examine what each area looks like, since the different types of poverty and housing, such as elderly or student, could not be sorted. What a neighborhood is like should not be based solely on numbers. Hayek said the question is whether the percentage should be included in point 1, or elsewhere in the report. Anciaux said he does not want the information to be overlooked. The statement should start out "Census tract 18 has x amount of the transitional and y amount of the emergency housing," though the clause "this will go up with the addition..." can be omitted. Then go on with the next statement "The City should neither encourage nor support..." The next statement saying, "This recommendation is not meant to impact" should include the number of additional units, 35. Vandenberg asked what the process is for the public hearing, whether people will be responding to this document. Hayek said yes, the public hearing is inviting public comment on this document. Vandenberg said it then makes sense to have the information in the document. Hayek agreed, noting there will be a narrative as well, and the list needs to be succinct. Vandenberg asked whether only the findings will be discussed at the public hearing. Hayek said that has not been discussed yet. Anthony said it might be a good idea for someone to present how the Taskforce came to the conclusions, and identify the seven tracts that are discussed in the document. He suggested Hayek describe the matrix and how the Taskforce came to their conclusions. Hayek suggested the whole report be made available for the public hearing. Vandenberg pointed out the Taskforce will not have a chance to review the whole document prior to the hearing. Hayek noted that specific recommendations are not being made yet. Rackis asked if the rationale for each point would be explained. Hayek said the rationale is contained in many of the points, and will also be in the preamble and the appendix. Clausen asked why point 1 pointed specifically to tract 18, when at previous meetings other tracts such as 4 had been discussed. Nasby said it is because the point addresses only transitional and emergency housing. Scattered Site Housing Taskforce Minutes February 28, 2005 Page 10 Stutsman arrived at this point. Dennis asked whether the revised document would be available prior to the meeting. Hayek said yes. Rackis distributed the Federal regulations on local preferences. He said that the first question to address when considering local residency and work preferences is what the goal is, and whether it can be accomplished. They should not be used for the purpose of delaying or denying access to a Federal program. He noted that Part 5.105 basically says not to enact anything that would infringe on legislation for protected classes. Anciaux noted congratulations to City High on their trip to the State basketball tournament. ADJOURNMENT: There being no further business to be discussed, Anciaux moved to adjourn. Anthony seconded, and the motion was accepted unanimously. The meeting adjourned at 6:45 p.m. s:lpcdlminuteslSSHTI2005102-28-O5.doc Scattered Site Housing Taskforce Attendance Record 2005 01/03 01/24 01/31 02/14 02/28 03/07 03/21 04/04 04/18 D. Anciaux X O/E X X X J. Anthony X X X X X D. Ciausen X X O/E X X M. Hayek X X X X X J. Left X X X O/E X J. Peterson X X X X X S. Stutsman X X O/E O/E O/E VandenBer§ X X X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting .... - Not a Member IP15 MINUTES SCATTERED SITE HOUSING TASKFORCE MARCH 28, 2005 SENIOR CENTER, ASSEMBLY ROOM MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Sally Stutsman, Joan Vandenberg STAFF PRESENT: Amy Blessing, Deb Briggs, Mary Copper, Steve Nasby, Steve Rackis OTHERS PRESENT: Allan Axeen, Regina Bailey, Ann Boberg, Crissy Canganelli, Melissa Copeland, Amy Correia, Maryann Dennis, Terry Dewich, Rick Dobyns, Charlie Eastham, Bob Elliott, Dave Franker, Teresa Garcia, Tracy Glaesemann, Andy Johnson, Garry Klein, Jim McCue, Anne Murphy, Matt Otte, Rita Offut, Andrew Peterson, Mary Kate Pilcher, Patti Santangelo, Carol Spaziani, Tammy Spies, Dee Vanderhoef, Charlotte Walker, Larry Wilson, Theresa Wilson CALL TO ORDER: Chairperson Hayek called the hearing to order at 6:35 pm. INTRODUCTION Hayek began the meeting by welcoming all the attendees and explaining that the purpose of the public hearing was to give people an opportunity to offer feedback and comments on the draft recommendations concerning the Taskforce findings, which are under consideration for presentation to the City Council. Hayek said that the Taskforce was formed in 2004 by the City Council, and was asked to review assisted housing in Iowa City and assisted housing policies. The Taskforce was also asked to make some recommendations, if needed, based on their findings to be considered for future housing policies concerning the distribution and location of different types of assisted housing. Hayek introduced and then thanked all of the Taskforce members for all the hard work they have put into the deliberation process, as well as the groups that participated by presenting information and providing commentary. Hayek said that the Taskforce heard presentations from approximately 17 different groups and individuals. This public hearing is to gather feedback about the recommendations, and then the Taskforce will reconvene in April to either reach final consensus on the draft, or make any necessary revisions. Upon approval by the Taskforce the recommendations will then be presented to the City Council. Hayek said that copies of the recommendations were available if anyone did not have a copy. He read through all of the recommendations, and then noted that a map of Iowa City's census tracts and block groups was on display at the back of the room. He said that block groups are subsets of census tracts, and the smallest geographic area for which census data is available. The map is also available in the packets at the back of the room. He said that Anthony would give an explanation of the matrix. Anthony noted that the Taskforce has not yet voted or otherwise approved the draft recommendations. He said that the recommendations have come out of extensive discussion, and the Taskforce members felt it would be appropriate to share with the public the lines of thought the Taskforce is pursuing. Anthony explained that the Fair Share Matrix is based on the premise that all different parts of the city should have a fair share of assisted rental housing. In order to develop the matrix, the Taskforce had to decide what kinds of assisted housing to include, how to divide the city into different parts, and what a fair share would be. Then parts of the city were evaluated and identified as under- or over-represented in regards to the existing number of units of assisted rental housing. Anthony said that the first task was to determine what kind of assisted housing to include. The Taskforce determined in preliminary discussions that the number of owner-occupied households that received assistance was not a sufficiently large in number, so it was excluded from consideration. He noted also that public housing was excluded from the matrix because there are few public housing units, it is not an expanding program, and the City can do very little about the existing locations of public housing. Additionally, Section 8 housing is dispersed throughout the city already and the location choices were Scattered Site Housing Taskforce Minutes March 28, 2005 Page 2 tenant based, so that program was also excluded. That left only location based assisted rental units. He said that the City of Iowa City currently does not provide any funding for assisted housing. Anthony continued by saying the Taskforce then decided to use block groups as their unit of consideration, as it is the smallest unit for which census data is available. Neighborhoods as outlined in the comprehensive plan were not used because they are too large for adequate analysis, and also the boundaries have changed over time. The Taskforce determined that census tracts were also too large, and so decided to use census block groups. There are 31 block groups in Iowa City, as designated by the U.S. Bureau of Census. Anthony said what that means in regards to the notion of Fair Share, is that each block group should have close to an equal percentage of assisted housing. So for example, if there were 100 assisted rental units in Iowa City, an equal distribution of assisted rental housing would mean that each block group should have close to three units. Anthony said the assisted housing for each block group was calculated as a percentage of the total number of assisted rental units in the city, which is represented on the Fair Share Matrix. What the table means is that if each block group should have close to three percent (3.23%) of all the assisted housing units, for example census tract four, block group one has ten times as much as it should if there were a fair distribution. Alternately, census tract one, block group one has one-tenth the amount it should. Otte asked why there are two census tracts numbered one on the matrix. Anthony explained the census tracts are broken into 1, 2, or 3 block groups, so the listing is for tract one with blocks one and two. The U.S. Census Bureau, not the Taskforce or the City made the block group designations. One attendee asked what the difference is between assisted rental housing and Section 8. Nasby said that the definition used by the Taskforce was that assisted housing are projects the City put funding into for their development. Hayek said that the Resolution passed by the Council defined assisted housing as any housing development or acquisition intended for Iow to moderate income households, including rental, home ownership, transitional housing, and residential facilities receiving any public assistance or support, including federal, state, county, or city funding. The attendee asked for confirmation that Section 8 is included in that definition but was excluded from the Taskforce consideration. Hayek explained that Section 8 is a voucher, but the Taskforce is evaluating physical units. Rackis said that a voucher is not required for development property. It is a subsidy paid on behalf of an eligible family to a private market landlord, so it is not a fixed location. Hayek said that the terms "housing choice voucher" and "Section 8" are used interchangeably. Hayek asked all audience members with comments for the Taskforce to limit their statements to three minutes, and to limit their comments to the recommendations themselves. If individuals have additional questions or comments, please wait until everyone has a chance to speak before taking an additional turn to speak. He added that all attendees should put their names on the sign-in sheet being passed around, for the minutes. Presenters were invited to come to the table with the microphone, or speak loudly enough for the microphone. Anciaux noted that presenters should state their names, and Hayek agreed. PUBLIC'HEARING Dennis said she is the Greater Iowa City Housing Fellowship Executive Director. She distributed a hard copy of her statement to the Taskforce members, then said the Housing Fellowship has long been a proponent of scattered site affordable housing. They currently own and manage 109 rental units, located in 13 of the 15 Iowa City and Coralville elementary school attendance areas. The Housing Fellowship's staff and trustees care about what happens in the community and the schools. Dennis noted that the Fellowship has advertised vacant units only five times in the past 15 years. The Fellowship does not recruit from outside of Johnson County, and any statements implying that they do are completely false. She said that 64 percent of their tenant households have elementary school aged children, and 10 percent of units with elementary school aged children have incomes that exceed qualifications for free and reduced lunch. The majority of their tenant families are hard working one-wage earning households that cannot afford.local market rent. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 3 Dennis continued by saying that decent, stable, affordable housing keeps children in schools, and adults in jobs. Johnson County is the most costly county in Iowa. The Fellowship has only scratched the surface of the overwhelming need for affordable housing in Iowa City and Johnson County. Many of the recommendations are innocuous, but the Fellowship's concern is that these recommendations will lead to a slippery slope that will effectively stop assisted housing from being built. For example, the Fair Share Matrix included with the recommendations will not allow the Fellowship to develop more affordable housing in the peninsula area, and many other areas that include the fastest growth and most available land. Since the recommendations do not require an increase in assisted housing, if the Council were to adopt them, it could happen that not one more unit of affordable housing would be built. Approval of general policy objective 2, and specific policy objectives 1, 2, 4, 5, 6, 9, 10, and 11 would insure against a reduction, but would not provide any increase in affordable housing. If the recommendations remain as drafted, she cannot support them, and she would encourage Council not to adopt them. Eastham said he is the President of the Greater Iowa City Housing Fellowship. He distributed a proposed revision to the Fair Share Matrix, which will allow them to continue with new assisted rental housing development. Aisc in the handout are suggested specific changes for the specific recommendations 2, 3, and 4. He said the difficulty with the Matrix as drafted is the prohibition against completing development in certain areas, such as the peninsula. His revision offers an alternate analysis of block groups, with the suggested revision that the number of assisted rental bnits be adjusted for the number of occupied homes in each block group. He noted there is wide range in the numbers of homes in the different block groups. He estimated that 60 percent of the total homes in Iowa City are located in only one third of the block groups, so it would make more sense to have a distribution of assisted units that is proportionate to the numbers of houses already in the block groups, or a simple numerical average throughout the City. Eastham continued by saying that he would like new assisted housing in developing residential areas be determined by the proportion of homes, as well as adjusted for the potential for future development in each block group. New assisted housing development is most likely to occur in tracts 1,4, 18, and 105, and it would be beneficial to have assisted housing in new residential developments in those areas. Eastham said that in regards to an objection to specific policy recommendation 2, establishing a residency preference, he thinks that topic is outside the scope of the Taskforce and should be removed. The implications and consequences have not been analyzed, the need for a preference has not been established, and any preference will have negative effects on children of racial minorities. Aisc, objective 4 should be deleted. The objective of scattering housing would be achieved simply and effectively by providing incentives, as provided in objective 3. Johnson said he is the Executive Director of the Johnson County Housing Trust Fund. He provided a written copy of his statement for the Taskforce. He said first that he would like to acknowledge that the Trust Fund was invited to present to the Taskforce. However, they did not feel able to assist in the deliberations at that point, due to the newness of the organization. He said his statement indicates some of the activities and accomplishments of the Trust Fund over the past year, and that they are consistent with the recommendations to the extent that they address the need for increased resources, community education and awareness, and cooperation and coordination between the communities of Johnson County. Johnson said he would like to see more support for an increase in assisted housing. While specific objective 2 acknowledges a growing need for additional assisted housing, general objective 2 only recommends maintaining the current commitment to assisted housing. He recommended changing general objective 2 to advocate an increase in the commitment to assisted housing, while adopting a scattered site policy and increasing the supply. Johnson added that the recommendations contain prescriptions on additional assisted housing in some areas, and a delay in access to housing to some people. Then it also recommends additional resources and efforts to increase assisted housing in other areas. The concern is that the restrictions will take effect without incentives being offered to build in other areas, because of the relative ease of denying services and resources compared to the difficulty of scattering due to the need to find additional resources, as well Scattered Site Housing Taskforce Minutes March 28, 2005 Page 4 as community opposition. If the recommendations were submitted as they are drafted, the Trust Fund would urge the Taskforce to remain vigilant in holding the City accountable for addressing the whole range of recommendations. Rackis said his comments are in writing, and are comments of the Housing Authority staff observations regarding the recommendations. He said the housing choice voucher program was beyond the scope of the Taskforce, because the vouchers do not acquire or develop property. He said staff analysis of a potential residency preference indicated it would serve little purpose, and that further analysis is needed regarding that recommendation. HUD will not allow a residency requirement, nor will HUD allow a residency preference based on how long an applicant has resided or worked in a preference area. State law requires only presence and intent to remain permanently or indefinitely in the state to establish residency in Iowa. Any number of activities, such as enrolling children in school, presenting a voter registration card, or obtaining a driver's license would be taken as third-party verification of intent. Rackis read a letter from a Housing Authority client, to illustrate an example of the type of person the Housing Authority is serving. He noted that the average length of stay for 75 percent of participants in their program is five years or less. Axeen said he is with Hawkeye Area Community Action Program (HACAP), and part of their mission is to provide safe and affordable housing. HACAP's focus is on homeless families, and their focus is limited to transitional housing. Some of their activities are HUD supported, and some are not. He foresees possible difficulty with the rehabilitation of older housing in the prohibited areas. Buying and renovating helps revitalize neighborhoods and keep them from getting run down. There should be a process to allow rehabilitation projects to take place in prohibited areas, and allow the HCDC some determination. Axeen said that one of the greatest barriers for homeless families is transportation, so affordable housing has to be accessible to public transportation. It also needs to be near schools and an affordable daycare. Census blocks that are designated for no new growth have over 150 Head Start slots. Clients also need access to jobs. He said he does not want to have some areas blocked from development. Currently those are the areas where a lot of service is provided, and it would not be optimal to have HUD dollars blocked from rehabilitation. Correia said she is on the Board of Directors for the Johnson County Housing Trust Fund. She challenged the idea that assisted housing causes problems in neighborhoods, and asserted that the lack of critical investments in those neighborhoods cause instability for families and schools. Tract 18 has had critical investment in its economy through tax increment financing. If families in the Grant Wood and Mark Twain attendance areas are moving frequently because of difficulty with finding an affordable place to live, and if it is an area of town where people want to live that has abundant rental housing, then the investment into assisted housing in those neighborhoods should be increased. Correia continued by saying the Taskforce should encourage a balanced housing policy, one that invests in people as much as property. Federal subsidies are given disproportionately to higher income families. In 2003, the Federal government spent close to $57.2 billion in tax-related expenditures to households with an average income of $148,000. The subsidies are entitlement programs, so all qualified and eligible households receive them. On the other hand, programs for Iow-income housing do not meet needs. Correia said Iowa City's housing issues are part of a trend across the country, due in part because wages are not keeping up with housing costs. The fastest growing segment of the economy is for jobs at the lowest wage. She suggested that the first general point in the document be changed to recommend an increased investment in tract 18 to help stabilize families and children in schools. She also said that points 2, 8, and 12 are outside the purview of the Taskforce. Hayek asked what the subsidy is for high-income housing. Correia said it is the federal mortgage interest tax deduction. Those tax breaks allow families to invest in their properties and futures, and the tax expenditures that go to Iow-income families allow them to lower their housing costs to an affordable level. Then they can invest in their basic human needs and try to invest in their futures as well. Anthony noted that the mortgage interest deduction is the largest housing program in the country, and benefits the richest people. Not all housing programs are targeted for poor people. Everyone who itemizes his or her tax deductions is getting a federal tax subsidy. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 5 Boberg said she is a citizen, and had several concerns to raise that the public will want to know. One is a concern about renting versus owning, and assisting housing while not assisting ownership. The idea of owning versus renting is a concern that will need to be explained, since many higher income families also do not own. Second is a question about what the private sector is currently doing. At one time banks were creating programs that involved very Iow down payments and favorable rates for certain income levels. The public, realtors, and potential homeowners will want to have information about the private sector's activities. Also, Iowa City has a very good open space requirement for new development, so there is a need to maintain a density-based open space policy versus acreage-based. Finally, she noted that assisted housing should be built as safely as possible, and that affordability should never compromise safety. Santangelo said she is involved with HACAP, GICHF, and the Local Homeless Coordinating Board. She agreed with Axeen that transportation and locations of services such as childcare are a concern. She noted in regards to the proposed residency preference, Iowa City has a two-year waiting list, so people who receive assistance will have already been living in the area. Many of the census tracts have no job opportunities, so it would be difficult to locate someone there who is dependent on public transportation. HACAP has childcare in Coralville, but there is no bus service. She added that the need is to increase assisted housing, and increase minimum wage so people can afford their housing. Walker said it would have been nice to have the audience fill out a questionnaire to find out their opinions, to see if there was agreement amongst the audience on the recommendations. Anciaux said there are extra copies of the recommendations that audience members can write comments on to give to the Taskforce. Hayek said that anyone who is uncomfortable with speaking may submit a letter for consideration at the next Taskforce meeting. McCue said he is a retired citizen. He said that the perils of allowing the status quo referred to in specific objective 10 should be spelled out and that point should also be more prominent. The point needs to be made that this is the beginning of a conversation that includes many topics. He would like to hear the Taskforce respond to some of the specific concerns raised by previous presenters as well. Hayek said that the recommendations will be attached to the end of a narrative that will give a broader explanation of some of the points. That narrative would describe some of the conditions that the Taskforce does not want to see continue. Klein said that the majority of the current and growing population in the city are in the south and east sides. As populations diminish in neighborhoods, there is a greater tendency for those neighborhoods to decline. The Taskforce is offering an opportunity, because some neighborhoods would benefit from revitalization by renovating existing buildings. He would like to know what the price tag will be, and who will be paying. Klein asked what a residency preference is. Rackis said that with a local residency preference in place, residents of a geographic area would be served first, before anyone else. HUD says that people who receive a job offer in that area would also qualify for the residency preference. It would create a two-tiered system, though one ramification is that single students, for example, could be given preference. Currently single students are at the bottom of the list, but they would benefit from a residency preference. Hayek asked for confirmation that the Iowa City Housing Authority has other preferences currently in place. Rackis said yes, noting that the preferences are for persons with disabilities, elderly families, and families with children under 18, all of which are given equal weight. All of those preferences require third- party verification. Klein noted that additional explanation on that point in the document might be helpful. Klein asked if the Taskforce looked at how different tracts are currently zoned, and whether there are more areas of residential zoning in some tracts than in others. Anthony said the Taskforce did not and looked at housing numbers. They did request that information, but a zoning map overlay on a census tract map was not available. Hayek said that the census blocks in the matrix are all residential to some extent. He said that they discussed some block groups to be omitted because they did not have an appreciable amount of residential zoning. Klein said that the block groups might not be equally comparable in regards to potentia~ land use. Anciaux said the Taskforce looked at police boundaries and elementary school attendance areas too. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 6 Klein added that some consideration should be given to relative affordability, and whether the opportunities are comparable in different tracts in regards to access to jobs and transportation. Service providers also go where things are less expensive and with least public resistance. Having a policy should help, but the playing field needs to be level, and make sure it will help who it is intended to help. He thanked the Taskforce members for their work, and for beginning the discussion about this issue. Klein announced that a panel discussion by FAIR on Affordable Housing would be held on Thursday, March 31 at Iowa City Public Library at 7:00 p.m. in meeting room A. Otte said he is with the Community Mental Health Center's homeless outreach program. He said that he supports other presenters' statements about removing specific objectives 2 and 4, and he does not agree with a residency preference. When working with homeless clients, he must first set people up with residency, so he would be working against a preference. His group has plans to build housing in some of the over represented block groups. He noted that some of the over represented areas have the most available land. He also does not agree with the map that was used to determine the matrix. For example, block group 4.1 has Pheasant Ridge right on the edge, which excludes that large area from further development. Anciaux asked if Otte is against the residency preference, even though Rackis said people only have to live in the community or have a driver's license to establish residency. Otte said yes, and if that is the case, then a residency preference is meaningless. Anciaux said everyone in Iowa City would benefit from the preference. Otte said he then does not see how that would benefit anyone. Anciaux asked for confirmation that Otte was concerned about census tract one block two. Otte said yes, that it was his understanding that nothing more could be built there. Anciaux said that particular block group is currently listed as under represented. Santangelo pointed out that only three more units would cause that block group to be over represented. Anciaux confirmed that is the peninsula area. Otte said there is a lot of land available ready to be developed. Offut said she is with Shelter House. She said all appear to agree that more Iow income housing is needed, but her concern is that while limiting certain areas from building, ultimately the available areas will not be feasible for renovating or building new housing, or will not have services available. The recommendations look good, but there are potential problems when looking at the larger picture, and they should be investigated and evaluated. She said the recommendations were not completely bad, and thanked the Taskforce members for their work. However, some points need to be investigated further. Hayek asked whether Off0t's concerns are that funding will not be available to put the recommendations into effect. Offut said the funding will still be available, but building in other areas will not cost the same. Vandenberg said that the Taskforce is trying to look at strategies to counteract the market forces. Offut said that excluding areas will create problems, potentially reducing the amount of housing that is built in the future. Hayek noted that the policy does not prohibit building in any areas of Iowa City just that the City would not provide funding for it, and would be designed to assist with locating housing into under represented areas. He noted that part of the recommendations is a call for a review to see whether the policy is working. Offut said that not having funding available to renovate deteriorating housing in the over represented tracts would cause them to fall into further disrepair. Anciaux asked when an area should be declared over represented. Offut said she not an expert in that area and could not answer. Hayek said he understands the two points about maintaining the current stock and the fact that the recommendations could impede renovation of existing housing. Offut noted that there are price limits to funding from some grants. Axeen agreed that HUD has maximums already in place. McCue added that he agreed with the suggestions to remove the recommendation for a residency preference. Either it is meaningless, or it would mean that "they" would go to the bottom of the list, "they" being poor African Americans moving from Chicago who really don't belong in Iowa City. That was not the intent, but that might be how it will be interpreted. Walker said that people could live in Illinois and be on the waiting list in Iowa City, which does impact residents in Iowa City. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 7 Vandenberg said that the problem is that the Section 8 program is federal, and Iowa City experiences fallout from other areas' negative housing policies and issues. The shorter the waiting list becomes, the more likely it is that people outside of the Iowa City community will come here to live, and the intent of the preference is to serve the current members of the community. Briggs said that if everyone qualifies for the preference, it does not accomplish what it was intended and becomes meaningless. If someone from out of state gets a job in Iowa City, in one day that person becomes a resident and qualifies for the preference. Even if that person quits the job the next day, that person is still a resident. Rackis noted that not all applicants are participants in the Section 8 program. While 57 percent of the waiting list is Iowa residents, and 42 percent of the waiting list is Illinois residents, 88 percent of people admitted to the program are Iowa residents. It is very easy to establish residency in Iowa, which means that it is easy to qualify for the preference. Vandenberg said the intent behind the residency preference was not to exclude anyone, though she agreed at this point that it probably would not work. Rackis said the ICHA is serving local residents already. Peters said he is a member of the board of Shelter House and a researcher at The University of Iowa. He recommended not using block groups when it does not make sense to do so. The point was made of census tract four, block group one, where one assisted housing complex hides very wealthy neighborhoods that would benefit from additional assisted housing. He also said regarding specific objectives 9 and 10, consider being very systematic in targeting block groups with the greatest disparity. The incentives might be used most cost-effectively if targeted in those areas. Hayek asked if Peters meant that the least represented would be approached first. Peters said yes, that his concern that the areas listed as under represented that still contain a high percent will be populated first. Hayek said the Taskforce did discuss a gradation system that would take into consideration proportionately how under represented each area is. Peters suggested using the word "effective" or "evidence-based" instead of "appropriate." Axeen said that the Taskforce has done a great service. This is an issue that has never been discussed publicly before. He asked if any attempt was made to quantify cost differences between building units in different areas. Hayek said that the Taskforce did not get estimates from the City, though the Taskforce knows it would be considerable. Given all that the Taskforce is attempting, that aspect was left to the City to determine. The crux of the matter is that a choice has to be made whether to leave things as they are, whether to maintain current funding while scattering, or explore additional funding. There were good points raised about wanting the supply to be increased, but the Taskforce would like to ensure at a minimum that the current supply not be diminished. Axeen said that should be emphasized in the presentation to the Council. Dennis said she agrees that tract 18 has enough, but if that is a point of agreement, there need to be more teeth put into the inclusionary zoning recommendation. Also regarding incentives for scattering, establish that developers are required to do it, or they will not. Anciaux noted that the Taskforce has no budgetary authority, and the City Council will have to decide whether the policy can be funded or not. Vandenberg said that making these things mandatory would not work without including the other area communities. Dennis agreed that is her concern as well. Anthony agreed that in order to maintain the current supply, the City would have to contribute significant funding. A scattered site policy would benefit public welfare, but it could only work if funding or strong inclusionary zoning policies are adopted. Copeland said she is with Shelter House. She first thanked the Taskforce members for their hard work. She asked if Shelter House would be considered an address for the residency preference. Rackis said that would be determined on a case-by-case basis. The ICHA attorneys have determined that Shelter House is not a legal domicile. However, at the time of application, if there is presence in Iowa and intent to stay, HUD says at this point that address qualifies. Copeland said that when there was a local preference in effect, a lot of people who wanted to live in Iowa could establish residency by coming to Shelter House. Shelter House does not have space to accommodate all those people, so that created problems with overcrowding. Hayek asked if Shelter Scattered Site Housing Taskforce Minutes March 28, 2005 Page 8 House believes the residency preference would have the same detrimental effects as the local preference. Copeland said she couldn't speak to that. Canganelli said she is the Executive Director of Shelter House and a member of Housing Trust Fund Board. A residency preference will have no productive end result, and creates a notion of intent to exclude people. The State Council on Homelessness has been consistent in their interpretation of who a resident is, that being presence and intent to stay. Canganelli added that, in regards to general objective 1, the location of Shelter House has not been resolved. Litigation is still pending on that case. Hayek said he understood that the City had agreed that Shelter House could locate in tract 18. Canganelli said that decision and the organization's ability to go further with the project are separate things. Canganelli continued by saying she agreed that there are no teeth in the recommendations for inclusionary zoning and development in under represented areas. Additional evaluation of the services is also necessary. There has been a large growth in service jobs, and development has not kept pace with the demand for affordable housing for that economic group. She said she hopes the Taskforce members will continue to follow the issue and actively participate in the future leadership of this effort. Correia asked for confirmation that the Taskforce formed because of a letter the School District sent to the City Council. Hayek said it would be fair to say that event is what triggered creation of the Taskforce, but that it is also fair to say that there had already been discussion on the City level in 2003 as well. Correia asked if the School District has evaluated attendance area boundaries, and offered some suggestions on changing school populations. Copper said she is a Self-Sufficiency Coordinator with the ICHA. She asked if there were detailed recommendations for steps the City should take in specific objective 7, or if the Taskforce members know what the City has done already. She recommended that specific objective 7 be changed to say the City should take "more" steps, or acknowledge what the City has already done. Copper outlined some of the activities that the City has undertaken to increase home ownership. She said they have approached it on two levels, both with clients and with lenders. Her office presented to the lenders in 2002-2003, beginning with a group presentation. She and Briggs have also met individually with lender representatives, and have consistently had bank representatives on their coordinating board. Copper continued by outlining their activities for clients, which include a Personal Economic Planning Workshop, ISU Extension presenters, and numerous other workshops about personal credit. She explained that their family self-sufficiency program participants are invited to these activities, and information is also disseminated about the workshops to MECCA, UAY, and other agencies that serve Iow-income families. They have also had presentations by area lenders and realtors. Copper said the path to home ownership is not just about a policy encouraging home ownership and getting as many people into homes as possible. Families first need to have assistance to get into stable homes, in order to pursue employment and take care of their families, or pursue education. The family self-sufficiency program is a five-year program that involves an escrow savings account. It is designed to encourage asset-building and increased earnings. After five years, the families graduate, access their savings, and either move into home ownership or pursue other goals such as education. Copper said that in five years, 35 families have graduated from the program and moved to home ownership. That is only the escrow program, and not the three other home ownership programs coordinated by ICHA. She said she is curious whether the Taskforce had any additional suggestions. Hayek said the City did present, and the Taskforce was aware that there are programs in place, but it is the Taskforce's position that the City needs to do more. Anciaux asked if local lenders are cooperating with home ownership efforts. Briggs said that local lenders have been excellent, but that the large national lenders do not offer as many opportunities. The local lenders seem to understand and support the City's programs. Although the national lenders have been contacted about finding out more about their current programs, they have not produced information. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 9 Anciaux asked what percentage of the program graduates moved to home ownership. Copper said there have been 100 graduates, 82 have left housing, and 35 have moved to home ownership. Anciaux asked if there is a 100 percent graduation rate. Copper said yes, and noted that while it is good to support home ownership, families need to have the stability of affordable housing before they can move on to ownership. Anthony said that Johnson County has the highest housing prices in the entire state. Johnson County also has the lowest homeowner rate in the state. Including all the CDBG and HOME funds, the amount spent on housing has resulted in 1150 units over 30 years, which is about 38 units per year. To really make housing affordable, a lot of local support for housing has to be gathered, and the Council has to see this as a policy priority. Although developers and others might be against such a policy, construction of affordable housing is a large generator of the local economy. It has one of the largest income-multiplier effects among many industries. Franklin Roosevelt created the secondary mortgage market in order to lift the economy out of the depression, which increased home ownership from 40% to 60-70% today. Briggs said that 20 families have become homeowners through the purchase of public housing units. The Section 8 home ownership program that has been in existence for two years has had 14 sales. Proceeds from sales of public housing are used towards the development of new affordable home ownership opportunities, which have resulted in 9 sales. Anciaux asked Anthony if the Iow home ownership numbers were due to the high number of students. Anthony said they were not necessarily included, and that compared to other communities with similar demographics, Iowa City is still worse off. The Public Hearing portion of the meeting ended at 8:35 p.m. OTHER BUSINESS Approval of the February 28, 2005 Minutes Several edits and revisions were submitted for the Minutes. MOTION: A motion was made by Anciaux, seconded by Stutsman, to approve the February 28, 2005 Minutes as amended. The motion carried unanimously. Next Meeting Next meeting scheduled for April 4, 2005 at 4:15 p.m., location to be announced. Hayek distributed hard copy of comments on the recommendations, from someone unable to attend the public hearing. ADJOURNMENT: There being no other business to come before the Taskforce, Stutsman moved to adjourn, Anciaux seconded the motion, and the meeting was adjourned at 8:45 p.m. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 10 Scattered Site Housing Taskforce Affendance Record 2005 01/03 01/24 01/31 02/14 02/28 03/28 04/04 04/25 D. Anciaux X O/E X X X X J. Anthony X X X X X X D. Clausen X X O/E X X X M. Hayek X X X X X X J. Left X X X O/E X X J. Peterson X X X X X X S. Stutsman X X O/E O/E O/E X VandenBerg X X X X X X Key: X = Present O -- Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES SCATTERED SITE HOUSING TASKFORCE APRIL 4, 2005 SENIOR CENTER, ASSEMBLY ROOM MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Peterson, Sally Stutsman, Joan Vandenberg MEMBERS ABSENT: Jan Left STAFF PRESENT: Steve Nasby, Steve Rackis OTHERS PRESENT: Maryann Dennis, Charles Eastham, Tracy Glaesemann, Luke Pelz, Patti Santangelo, Amanda Cline, Alexis Kluklenski CALL TO ORDER: Chairperson Hayek called the hearing to order at 4:25 pm. DISCUSSION OF DRAFT RECOMMENDATIONS FROM TASKFORCE TO CITY COUNCIL Hayek said that the Taskforce gathered a lot of information from the public hearing, written contributions from the community, and the two recent public forums. Vandenberg asked if the minutes from the FAIR meeting were posted anywhere. Hayek said he was unsure whether minutes were taken at that meeting. Hayek suggested going through the draft recommendations one by one, and discussing the feedback and any possible edits. He asked if there were comments or suggestions for editing general objective 1. Clausen said that there was a suggestion at the public for a change to general objective 2, which she agreed with. The suggestion from Johnson with the Johnson County Housing Trust Fund was to recommend Iowa City "increase" the commitment to affordable housing, and adopt a scattered site policy "while increasing" such housing. Peterson said those suggested changes would apply to both general objectives 1 and 2. She noted the word "maintain" was a common point of concern expressed at the hearing. Peterson asked if there were any concerns with those changes. Anciaux said that the City is not required to provide any assisted housing. The objectives should say to maintain the commitment and increase the supply if possible; otherwise the entire document will say "increase" numerous times. The Taskforce should not try to force Council to increase its commitment if the money is not available. Anthony arrived. Hayek summarized the discussion to this point for Anthony, and noted the suggested edit on the table. Vandenberg suggested saying "increase" in general objective 1 while taking out the final clause in objective 2, so that it only is about scattering assisted housing. Anciaux said he recommended leaving the statement as "maintain." Clausen said that if it says to maintain, there is no expectation for change. Peterson said it would acknowledge the current commitment, but then asks for increased opportunities in objective 2. Anciaux said increasing opportunities could be through zoning, working with lending institutions, and other means. Peterson asked whether the change to objective 2 should be "while increasing." Anciaux agreed, noting that while it would be welcome for the commitment to increase that decision should be left to Council. Vandenberg says objective 1 acknowledges current activities and efforts, which is important. Anthony said he is concerned with leaving the statement as "maintain." He asked staff for confirmation of what the current commitment is, in monetary terms. He said his understanding is that the City contributes no own-source funds for assisted housing. He said CDBG funds are from the federal government and those funds are not competitive, so the City receives them every year. Anciaux said the City does not have to put CDBG funds into assisted housing and can use it for other things. Anthony disagreed, noting the City must use the funds for housing projects, or it would either not Scattered Site Housing Taskforce Minutes April 4, 2005 Page 2 receive the funds or would face litigation from HUD. Nasby clarified that CDBG funds can be used for non-housing activities, but it is correct that all HOME funds must be used for housing. Anthony asked what the break down in CDBG and HOME funds were for the upcoming fiscal year. Nasby said the entitlement amounts from HUD were about $760,000 in CDBG funds and $677,000 in HOME funds. Nasby said the City does provide some general funds for housing currently in the amount of $200,000 per year for housing rehabilitation costs for the Targeted Area Rehabilitation Program (TARP). Families who make up to 110 percent of median income can use this funding, but a number of the clients have been Iow-moderate income. However, it is not only for households that would be considered Iow-moderate income. He added that $670,000 has also been put into the Greater Iowa City Housing Fellowship's peninsula project in padnership with the Iowa City Housing Authority. These funds were in the form of a general obligation bond. Anthony confirmed that except for the general obligation bond, which is a one-time event, the $200,000 amounts were annual numbers. He said that by comparison, there was a $14 million bond issue for the School District in 2004. Nasby noted that bond for the school was issued by the Iowa City Community School District, not the City. Anthony asked for confirmation that the people of Iowa City are supporting the School District. Stutsman said the school district is not supported through City taxes. Anciaux said school funding is derived from property taxes and State income tax. Anthony asked for confirmation of what the citizens of Iowa City provide for assisted housing. Nasby said that currently $200,000 has been provided for the housing rehabilitation program, and that amount is projected for the next several years. Anthony pointed out that amount was in contrast to $1.4 million from the federal government in CDBG and HOME funds. Anthony suggested that the City does not provide substantive support for assisted housing, since most funding comes from outside sources, such as CDBG and HOME funds. Using the word "maintain" would indicate the City should continue to provide $200,000, even though one of the largest problems in the City is the lack of availability of affordable housing. Anciaux asked if CDBG funds could be used for non-housing project~. Anthony said those funds could only be used to benefit lower-income families. Nasby confirmed the funds are provided for activities that serve people at 0 - 80 percent median income. Anthony said those funds could not be used to build a new City Hall, for example, though they could be used to build a childcare facility that benefits families at 0 - 80 percent median income. Nasby agreed. Anciaux asked if there is a mandate for the City to provide public, assisted, or affordable housing. Stutsman said the City has some flexibility on where the funding is used, with the stipulation that it benefits 0 - 80 percent median income people. Anciaux asked if there was a mandate to provide anything else. Anthony said there is no mandate to provide assistance above what is provided by federal programs. Anciaux asked if Anthony had a dollar figure that should be expected above what is already available. Anthony said no, but he has a general assessment of the current needs. He said his concern was with the commitment to affordable or assisted housing only being maintained. Hayek noted that the recommendations as currently written keep those two categories separate, asking for the commitment to assisted housing be maintained, while increasing availability of affordable housing. For purposes of discussion, the separate categories should be kept in mind. Anthony said this is an opportunity to suggest something substantive for the community, since clearly the biggest need is for affordable housing, either assisted or not assisted. He said there should be a strong commitment to that goal. Clausen said she agrees with Anthony, and that since these are the general policy recommendations, she would like to begin up front by saying the expectation is for more commitment from the City. All the other objectives explain how it should be done. Peterson asked for confirmation that the change to general objective 2 would be to say, "while increasing" supply. She noted that if objective 1 were changed to "increase," both statements would call for an increase. She said she does understand Anthony's point, however. Stutsman said it comes down to the definition of commitment. To her, "commitment" means a policy commitment, and usually if a policy commitment is made, the dollars need to go with it. Clausen Scattered Site Housing Taskforce Minutes April 4, 2005 Page 3 suggested changing the statement to say, "strengthen." Stutsman agreed that noting something positive in those statements, as recognizing and acknowledging the City's current efforts, would be beneficial. Hayek asked for opinions about Clausen's suggested edit. Peterson said that using "strengthen" still implies the current activity is not adequate. Consensus has not been reached whether to say that right at the beginning of the document. She noted also that there are no other recommendations for the City to put additional funds into this, so there are no other places to suggest an increase funding. Vandenberg agreed that one of the common concerns at the hearing was that a scattered policy would cost more, which perhaps should be addressed. Hayek said the Taskforce was asked to present it's findings to the Council on what the City should do. He said he sees a distinction between what the City should do, versus what it can or decides it is willing to do. What the City decides to do is not for the Taskforce to determine. Peterson said the question then comes back to where the teeth are in the recommendations. Hayek said if the City implements some of the recommendations that require additional dollars and the funding does not materialize, the City could be criticized in five years. Peterson noted that specific objective 3 does call for additional funding above CDBG and HOME funds. Stutsman suggested saying, "continue its commitment." Anthony said that is the same as "maintain." Anciaux noted that the recommendations would say "increase" a lot, but he is willing to withdraw his suggestion. Hayek said that in the specific objectives, it is one thing to spend additional resources to achieve scattered housing without reducing the current supply, and another thing to scatter housing while atso allocating additional resources to increase the available supply. Both of those are valid and distinct approaches. Vandenberg said that from the perspective of implementation, having multiple statements asking for an increase might lead to the recommendations not being taken seriously. Anciaux said that saying increase in both statements is fine, but he would like the Taskforce to be aware of the potential problems with funding. Anthony agreed with Vandenberg regarding the point on implementation, and suggested being more specific about what to do and how. This would show that the Taskforce really thought about the recommendations, and including specifics might increase the likelihood of the policy being implemented. Stutsman agreed that giving specifics would be helpful. At the same time, she asked what the role of the Taskforce is versus the roles of staff and policymakers. She said it might not be a good use of time for the Taskforce to spell out specifics if in fact the Council does not adopt the policy. Peterson said it would be easy for Council to say that the objectives are good ideas, but not implement them because the Taskforce did not make at least some attempt at figuring out if the policy is feasible. Anthony said all the recommendations are ones that staff could have made, but the deliberations on this matter were given to the Taskforce instead. If the Taskforce does not make the most of the opportunity, nothing is going to happen. Clausen said that Council would have to appoint another Taskforce to create an implementation plan, in order to use the recommendations. Hayek said it would be presumptuous for the Taskforce to tell the Council how to implement the recommendations and where the funds should come from. Stutsman agreed that the process typically followed is that a general recommendation is made, and then it is up to the Council and staff to decide how the policies will be implemented. Vandenberg asked staff what the expectations are for how far the Taskforce should go towards implementation. Nasby said the Taskforce appears to have strayed from its original charge regarding the recommendations of additional funding. The Taskforce could probably focus on the question of where to put additional assisted housing given the existing funding. Anciaux noted that a scattered policy would cost more because housing would not be in the less expensive areas. Nasby agreed that the recommendation for funding is reasonable in light of the discussion related to scattering. Hayek said the Taskforce was asked to look at possible policies regarding the future distribution, location, and types of assisted housing. Within that, discussion of additional costs involved with scattered site distribution is reasonable. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 4 Peterson asked if any recourse is available if the Council does not adopt the policies as planned or if they do not work as planned, and scattered site housing takes place without additional resources maintaining the current supply. Hayek said there are some suggestions built into the recommendations. However, if the supply decreases, it would be a Council issue. Peterson noted that the concern often expressed at the hearing was that good intentions could lead to bad results. Rackis said that one thing to consider regarding the question of how Council will look at the recommendations, is that the only Council decision regarding assisted housing to date has been against locating assisted housing in a particular area. Part of the rationale was the statement that the School District had identified a concentration of assisted housing south of Highway 6. While funding for the proposal that the Council turned down was still funded by IFA, and the development proceeded, an identified concentration was still used to support the Council decision. Stutsman asked for confirmation that this decision was made before the Taskforce had formulated their recommendations. Rackis said yes, the Council decision was in November 2004. Dennis said that decision was made after the City had allocated HOME funds to purchase the land. Hayek said the Taskforce has a couple of opportunities to emphasize that the Taskforce does not want the result of reducing or limiting assisted housing, one of which will be in the narrative that will accompany the recommendations. He said the Taskforce should limit itself to a succinct list of recommendations, and the Council will need to decide whether to implement them, and how. Stutsman said the Taskforce's recommendations need to be based on investigation and discussion, not on a guess about how the Council will react. Hayek asked if general objective 1 should be left as written or changed to either "increase" or "strengthen." All Taskforce members present agreed with the change to "strengthen." Peterson asked for confirmation that general objective 2 should be changed to "while increasing." Hayek said that change would also affect specific objective 4. Clausen pointed out that many things might change, so those should be dealt with after the general objectives are considered. All Taskforce members present agreed with the change to "while increasing." Regarding specific objective 1, Clausen said the main point of the statement, expressed in the third sentence, should be put at the beginning of the objective. Peterson agreed that would strengthen the statement. Hayek said a Shelter House representative asked to remove the statement that the question of where the new facility would be located was resolved. He suggested deleting it. Nasby asked what is meant by "make available" as stated in the objective, whether that means land should be zoned, purchased by the City, or something else. Hayek said it might include using available public space. Vandenberg said a different sort of deal Could be arranged as well. Stutsman said using the word "land" means to her that the City should buy the land and build the shelter. She suggested changing the word to resources. Anciaux said he preferred using "land." Hayek said that the biggest obstacle the organization faced was obtaining land. Anthony agreed that the organization was able to obtain funding, but not land. Peterson said the statement should make it clear that the assumption is that Shelter House will be located in tract 18. Anciaux said if the lawsuit results in the Shelter House not locating in tract 18, then the City should provide an area where it can go. Peterson said that view is contradictory to the statement that the objective is not intended to impact where the new facility will go. She suggested adding the word "negatively" before impact. Stutsman suggested editing it to say, "supports the current proposed plan" to put the new facility in tract 18. Anciaux said no, he does not support putting any more emergency housing in tract 18. He said the statement about Shelter House should be left as it is stated. Peterson summarized the changes, including rearrangement of the sentences and omitting the statement that the question on the location of the new facility had been resolved. All Taskforce members present agreed. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 5 Anciaux recommended deleting specific objective 2. All Taskforce members present agreed. Vandenberg asked if there is a way to decrease demand for assisted housing. Anciaux suggested making sure local residents are knowledgeable about the available programs. Unless the family is involved in social service, they might not know about the programs. He said a statement to the effect that local residents should be informed about available programs should be included with specific objective 7. Rackis said while the number of people on the waiting list is somewhat indicative of demand it is not entirely accurate. People on the waiting list do not always update their information, so they are dropped from the list when applications are processed. Also, not all people on the list lease a unit with the program. He agreed that it never hurts to continue outreach in the community. Anciaux said that some local people might not bother to apply if the waiting list is very long. Rackis said that applicants from out of town are usually the ones to move on, but local residents usually do apply even if the waiting list is long. Hayek asked if Anciaux and Vandenberg were looking for specific recommendations in terms of outreach efforts. Anciaux said it seems staff does a good job with outreach. Peterson said her concern is that a residency preference singles out one group that cannot get housing, while there are many other groups that have trouble as well, for example, the people who are recruited to come to Iowa City for jobs. She agreed that it is important to keep the demand in mind and all the other factors that affect it while considering the recommendations, to make sure they address the issues. Anthony said that less assisted housing would be needed if there were more affordable housing available generally. An alternate proposal could be for a living wage standard, it would also be helpful if the new housing supply, being built by local homebuilders, was not aimed at the $250,000 and over market for single-family homes. Anciaux asked if a developer makes more money from a $300,000 house or three $100,000 houses. Anthony said it is his understanding that the money or profit is the same. It is a trend for most developers to pitch housing towards the higher income groups as less time is involved in managing construction. Vandenberg said one person spoke of a full statistical analysis of the housing stock. Nasby said the Maxfield Research group conducted one in 1998. Anciaux asked for confirmation that the housing stock had been increasing since then. Peterson said there is a lot of housing going up, but much of it is in the higher price brackets. Vandenberg said there is not much housing under $200,000 available. Hayek noted that Left supported deleting specific objective 2. Regarding specific objective 3, Clausen said that transportation was noted as an important issue, if housing is scattered throughout the City. Perhaps the objective should also recommend commitment of resources to other services. Stutsman said it is not practical to take public transportation to numerous different points in town, to childcare and a job for instance. Anciaux said one aim could be to have the babysitter and job nearby. Not everything has to require a bus ride. Vandenberg said the edit begs the question of what types of services are needed, as related to the type of assisted housing. Some families have transportation, so only need housing assistance. Stutsman said those with high needs should be close to services, while others have fewer needs. Clausen said the letter suggested proactively searching out and mapping sites suited for affordable housing. If that was available, then people could take the individual circumstances of assisted housing sites into account. Anciaux noted that as soon as land is zoned, the price increases, so it would be beneficial to identify those sites and acquire them before the prices go up. Anthony suggested having zoning that is more accommodating to Iow-density multi-family housing, such as duplexes and townhomes. Right now the Comprehensive Plan says that multi-family housing would be used as transitions between commercial space and single-family housing. So all of the multi-family housing is concentrated near the commercial sites, one of biggest of which is the K-Mart area. Zoning classifications is driving that development. Vandenberg said that some feedback given is there is a real mismatch already of where people live versus where they work. So it seems like taking the transportation and job opportunities into account could be beneficial. Stutsman asked if the objective should say anything about childcare in those areas. Clausen said childcare is a service, and the objective is looking at all services. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 6 Hayek suggested addressing transportation and service issues in objective 8. Number 3 is long, and a statement about those issues might be overlooked. Vandenberg said it could also be its own objective. Vandenberg suggested evaluating the alternative fair share matrix submitted by Eastham at the hearing. She asked what benchmark was used to determine whether housing should be encouraged or discouraged in certain areas. Eastham said that the benchmark was the average plus 10 percent, and evaluated what areas were higher or lower than that number. He said that some judgment was exercised in the evaluation. He also noted that the numbers of housing units in the block groups is inaccurate, as they are based on 2000 census data. Additionally, there is higher potential for development in tracts 4, 105, 1 and 18 in the near future. Vandenberg said she does not have a specific recommendation, but would like to open the issue of an alternate matrix for discussion. Her concern is with the potential for limiting development in areas such as tract 105. Anthony agreed that the matrix should be revisited because, of the six block groups where additional assisted housing is not recommended, four of them have significant development potential. Of the remaining 24 block groups, development is only possible in four. So the recommendation to scatter all over the City really means only scattering into four block groups. Peterson said considering how much time and effort has been put into the Taskforce's deliberations already, it makes sense not to hurry forward without all the necessary consideration. Anthony suggested re-evaluating the matrix, in light of the public comments and additional data. Hayek said that the approach to the matrix had been that it could be recalculated in the future, in consideration of areas with future development. So increases in market-rate housing would change the numbers on the matrix, which would in turn support different areas for assisted housing over time. Anthony agreed the potential for change is still in the matrix, but with the existing numbers, new housing is possible only in four block groups out of 24: 1.1, 1.2, 5.2, 14.3. Of the seven under represented areas, only four have growth potential. Peterson asked about tract 105. Anthony said that tract is identified as over represented. Peterson asked if information is available about which of the seven block groups identified as over represented have the greatest development potential. Hayek said that information might be in the packets. Nasby said the map showing the platted lots could not be reduced in size and still be readable, though he did bring the large map to a previous meeting. Clausen agreed with the suggestion to revisit the matrix, regarding specific objective 3. Peterson asked for confirmation that the discussion is not about what the objective says, but instead about what matrix it is based on. Hayek agreed. Anciaux suggested leaving the matrix as is, but noting that the numbers are skewed in relation to tracts 4 and 105 because of the relatively Iow number of overall units. Stutsman asked if that could be part of the narrative. Hayek said that if the matrix comes with a list of qualifications and loopholes that need to be explained, it becomes meaningless. Also, if several qualifications to the matrix are put into a narrative, those qualifications will likely be lost. He said the objectives need to be based on something without loopholes, which is also clear. Vandenberg asked if areas with potential could be evaluated and listed as an increased preference. She also noted she is still wary of putting more assisted housing in tract 18. Hayek noted that tract 18 has potential for growth, and a change in opinion about the matrix will lead to opening development in 18. Vandenberg asked if there was any disagreement that there is a problem in tract 18. Anciaux said 18.2 has a problem, but 18.1 does not. He is pleased with the current development in the area, though he does not know exactly what their price range is for those new units. Dennis said a concern is that the City or the Housing Fellowship could not go into tract 18 and build single-family homes in Sandhill Estates, for example, which might help the neighborhood. Rackis said there was also a suggestion at the hearing for more Iow density housing, such as zero-lot, duplexes, and row houses. Anciaux said there are townhomes in Sandhill Estates. Eastham noted that Sandhill is in block 18.2. Anthony asked if the City uses CDBG funds to pay some city employee salaries. Nasby said only in his division. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 7 Stutsman asked what the Taskforce wants to say in this objective, and where it should go from there. Peterson said they were trying to come up with some sort of matrix that is not so restrictive. Stutsman asked if the Taskforce wants to adopt the alternate matrix submitted by Eastham. Anthony said it would be very helpful if staff could create a map that shows the tracts and block groups, the areas where development has occurred, and the areas where de~,elopment is possible. Hayek said it has been done, but not distributed individually. Peterson asked if it would be harder to make it understandable and explain how the matrix was arrived at if the Taskforce adopts the alternate one. Anthony said as long as the information is available graphically on a map, it would be easy to explain. Vandenberg said some of the over represented block groups have no real potential for development. Anthony said that is the case for three of them. Vandenberg confirmed those areas are 21.2, 16.2, and 14.2, while 4.1, 105.1, and 18.1 are areas with great potential for development. Anciaux asked how many Housing Fellowship units are in 18.2. Eastham said approximately 12. Hayek asked if the concern with the current matrix is that it impacts areas with potential growth, or if it is something else. Vandenberg said that committing additional resources to 105.1 and 4.1 would be good, because those are areas that she thinks could handle more assisted housing. She asked if a compromise would be to have gradations of preference rather than a "yes/no" designation. Hayek said Nasby put together a gradation chart that was in the packets a couple of months ago, with areas that are highly incented, moderately incented, or not incented. Hayek noted that the Taskforce is not going to come up with a different matrix during this meeting, and first the problems with the current matrix need to be identified in order to solve them. Peterson said her problem is the unintended consequences of blocking off areas that could have more assisted or affordable housing developed, resulting in reduced stock of assisted housing. She said if the Taskforce recommends scattering into areas that cannot be developed, then the result will be reduced stock of assisted housing. So the recommendations should take into consideration not just the matrix data but also where growth is possible. Hayek confirmed that the concern is with cutting off funding in areas where there is potential future growth. Clausen added that by cutting off funding, it would reduce the amount of assisted housing. Hayek asked if there are any additional concerns. Rackis noted that the assisted housing numbers the Taskforce is using includes units that have not yet been built, which is being compared to 2000 census data for all other existing housing. More current housing information could be gathered by evaluating the certificates of occupancy issued since 2000, and adding those to the data for the matrix. Hayek confirmed that what Rackis is saying is that the denominator in the calculation is data from 1999, while the numerator is data from 2005. Rackis agreed. Anciaux noted that preliminary plats have been done for many units that are not included in the data, though they won't have building permits associated with them yet. He asked if the number of platted units could be included, which could adjust the data to allow more assisted housing in 18.2. Nasby said platted land may not necessarily be developed for some time so its impact is indeterminable. Anciaux said that assisted housing could also be located in platted land, rather than opening the block group to more assisted housing in less optimal locations. Dennis asked why plats should not be included if the goal is to determine areas of potential development for affordable housing. Nasby said that since the actual development of an area is unknown (assisted or non-assisted units), platted lots should not be used in the equation. Opening up an area might result in a heavy concentration of assisted housing, or none being located there, as such there are too many unknowns for undeveloped lots to be included. Stutsman suggested sending the question about the matrix to subcommittee and table the discussion. Hayek agreed, and asked if objective 4 should also be tabled. The Taskforce members agreed. No edits were suggested for specific objective 5. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 8 Regarding objective 6, Clausen suggested including a recommendation to proactively search out and map sites that are needed. Hayek asked if it would be a map for potential rental sites. Clausen said for affordable housing in general. Vandenberg said all the elements including the map, the matrix, and perhaps a preference for housing close to jobs and transportation, should be tied together. Anthony said that once the information is mapped, the picture would be clearer. Vandenberg said that tying things together might make it all more concrete. Nasby asked Anciaux to discuss the district planning process, as an attempt to look at areas that are already developed, areas that have potential for development, and what types of land uses will go into them. Anciaux said in the new development code RS-8 has deviated from the original designation of single-family residential in cases where people build duplexes for rental. Hopefully more single-family residential housing will be located in RS-8, with duplexes on the corners. As far as district planning goes, he does not have that information at hand. Hayek noted that Franklin suggested saying almost all rental housing was confined to a limited number of block groups, and that the statement should say "most." He asked if the Taskforce agreed with that edit. The Taskforce members present agreed to the edit. Regarding specific objective 7, Stutsman suggested adding the word "additional." Anthony suggested changing it to "significant additional." Clausen asked what number would be significant, and how much more is expected. Hayek said he is more comfortable with just adding "additional." Rackis noted that the objectives should not over reach. The issue with home ownership is the sustainability of ownership, which requires steady income from employment. Giving a specific target number might mean there are more families obtaining ownership, but also more families going bankrupt. Peterson asked what the Taskforce wants the City to be doing that is not already being done. Anciaux said the City should take steps to increase sustainable home ownership among Iow-income populations by reaching out to people not represented in outreach programs. Anthony said he liked the first part of the statement that talks about sustainable home ownership. Peterson said she did not mean that the objective should be changed, but was asking a question for her own clarification. Vandenberg said the program sounds very successful, but the question is whether more can be done. Anthony asked for confirmation that the family self-sufficiency program is not a City program. Rackis confirmed it is a federal program, dealing most often with families who either have a voucher or live in public housing. Anciaux said he would like to reach people who are not involved in the voucher program or public housing, or do not have access to someone who can tell them about the available programs. He would like to see some program to educate people about the opportunities available, such as through lending institutions for first-time buyers. Dennis suggested changing the objective to read "low and moderate income." Stutsman said she is hesitant about spelling out specific steps to take. The City Council needs to direct staff to investigate possible steps based on current programs and resources. Peterson said she was not advocating making specific suggestions, but was asking for clarification for her own information. What Copper listed at the hearing sounded very good and effective. Anthony noted that program is federal too. Anciaux said the City does not need to duplicate an existing program, and he is concerned that there are people who would benefit from the program who do not know about it. Santangelo said that information about available programs has been brought up at the Local Homeless Coordinating Board, and that information has gone out to all the agencies. Anthony said that though a bank might offer 147 different lending programs, it is limited on how much it can lend based on income. Land and housing in Iowa City is just too expensive for many people. Hayek said one of the trends within the private banking industry has been to work on bringing Iow- and moderate-income families to home ownership. However, there has understandably been more success at the higher end of the income spectrum than the lower. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 9 Hayek said he agrees with editing the statement to include "additional" or "sustainable." Vandenberg said she would like to add, "moderate." Taskforce members present agreed with those changes. Regarding specific objective 8, Peterson said this objective should be emphasized. Clausen agreed that housing cannot be expanded without ensuring access to community service providers. Peterson asked if transportation would be included in this statement, whether City services are separate from community service providers and human social services. Vandenberg suggested adding the word "comprehensive" the statement. Peterson said her concern with the statement as currently written is that it sounds like this is just a non- profit organization problem, rather than a private-public partnership. Stutsman suggested making an additional objective, because community service providers are different from city services. The City does not supply human services, though it does provide funding for them. Perhaps city services should be discussed separately. Peterson asked how services provided through the schools should then be categorized. She said she sees it as a comprehensive private-public partnership to ensure that adequate supports are available and the needs are met. Clausen suggested that if the objective discusses comprehensive services, it should be moved higher up on the list. Peterson said the Taskforce wants to encourage creative public-private partnerships to ensure that the necessary support systems are available throughout the community. Stutsman asked if this objective could be number 2. Anthony suggested rethinking the order of all of the objectives after they are done. Hayek asked for confirmation on the language for the statement. Anthony asked for clarification of what "imbalances" should be avoided, whether they are financial, spatial, or something else. Peterson said that agencies are overwhelmed, and while they are usually designed to meet one need, families come in with multiple needs. Anthony confirmed that the concern is financial. Peterson said the concept behind the objective is that the City should pay attention to making sure there are adequate supports. Hayek said one question that might be asked is how money should be allocated if the City provided a sum of money to be used for both housing and services. He asked if the emphasis should be on housing or services, if one would be reduced in favor of funding another. Anciaux suggested adding other sources to the statement, including the state and the federal government. Peterson suggested talking about creative partnerships that potentially would be alternate sources of funding. By having realtors, developers, bankers, the transportation department, non-profits, and schools get together to discuss the issues at hand, solutions for ways to provide support for families might be created. She noted also that the discussion should not be only about funding. Hayek said it would be beneficial to discuss things other than dollars, because if all the objectives involve money, they are not likely to get very far. Peterson said she does not mean only money. Partnerships are imperative to begin addressing the underlying factors that are creating the problem. Otherwise a solution will never be found. Stutsman asked if the statement should be "creative public-private partnerships need to be established to ensure that the needs of the assisted housing population are met." Vandenberg suggested "The City should work collaboratively with other private and public partners to develop comprehensive support services to address the non-housing needs throughout the community." Rackis agreed that the statement should include something about a comprehensive public-private partnership approach. Peterson said it should not be limited to people in assisted housing but also support people who have moved out of assisted housing but are still at risk. She said there needs to be an accessible network of supports for families. Stutsman said Vandenberg is on the right track regarding the language of the objective. Hayek suggested tabling the discussion on objective 8, and sending it back to subcommittee for reworking. The Taskforce members agreed. Regarding specific objective 9, Clausen said one suggestion from the hearing was to remove the word "carrot." Peterson noted another suggestion was to change "appropriate." Hayek said the suggestion was Scattered Site Housing Taskforce Minutes April 4, 2005 Page 10 to change "appropriate" to "effective" or "evidence-based." Peterson suggested using "incentive" instead of "carrot." Vandenberg suggested changing it to "hold harmless." Hayek said that term can be confusing, and explained that it has to do with helping developers who engage in inclusionary zoning avoid losses. Peterson suggested changing the statement to, "The policy should provide effective incentives for developers to include a percentage of affordable housing." Hayek agreed that "hold harmless" and "evidence-based" are not necessary. Peterson suggested changing "provide" to "offer." Santangelo asked if the areas where more assisted housing will not be encouraged would have inclusionary zoning. Hayek said the Taskforce is talking about affordable housing, rather than assisted. Vandenberg said she was considering the moderate-income affordable aspect, so the two are not in conflict. Peterson agreed. Hayek asked if there were other suggested changes. No changes were offered, and the Taskforce members present agreed to the ones listed. Regarding specific objective 10, Peterson said there was a question about the perils at the hearing. Clausen said that generally the statement is not clear about whom the campaign should be reach. Anciaux said it should not be for people to learn what programs are available, but to educate the general public who is afraid of this type of housing coming into their neighborhoods. Clausen asked if this would be a fact sheet that would be distributed. Vandenberg suggested having a media partner do a story to dispel some myths, similar to the series on No Child Left Behind in the newspaper. Peterson said she thinks of it more broadly, how crucial it is to every segment of the community, and to educate people about the impact of not having adequate affordable housing. This supports number 8, to encourage continuing conversations about the issues, because this affects everyone in the community. The campaign would not necessarily dwell on the scary things, but instead look at things like the impact on employers when employees cannot find an affordable place to live or find decent childcare. It is a way to educate the community about the importance of affordable housing, and the degree to which housing and development decisions must involve all segments of the community. Clausen asked if the clause about the perils should be removed. Peterson said maybe, and instead focus on the positive impacts of assisted housing. Talking about perils gives it a different slant. Hayek noted that the Taskforce does see perils with concentration. Peterson agreed, and added that the rest of the sentence is very good, but "perils" is distracting. Clausen suggested using "impact" instead. Hayek suggested changing the order of the clauses. Stutsman agreed with using "impact" instead of "peril." The Taskforce members present agreed with that change. Regarding specific objective 11, Anciaux said 11 and 8 should be combined. Peterson said 11 is crucial. Vandenberg said that if inclusionary zoning is being considered, Coralville and North Liberty need to be included in the discussion. This goes beyond service and into the housing policy. Stutsman suggested removing "local" as being redundant. Hayek added that this is also part of the education process. The Taskforce members present agreed with the change to remove "Focal." Regarding specific objective 12, Clausen noted that the City already expects the owners and managers to keep up their properties. The housing inspection services looks at occupancy rates and other issues. She suggested instead that the City needs to enforce its expectations. Stutsman asked who determines what is appropriate. Clausen said there are things Housing and Inspection Services are not able to address because of lack of staffing. Enforcement of current expectations would be effective. Anciaux said that the statement should reaffirm that a lot of the nuisance complaints with Section 8 or Iow-income housing is due primarily to the perception that those tenants cause problems, when in fact they are not the problem. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 11 Vandenberg said the general problem is poor management that is not diligent enough to fix problems. Peterson asked what power the City has to address that. Anciaux said it can revoke rental permits. Rackis said the process is complaint-driven right now, and a police officer has to issue the criminal complaint before housing inspection services moves in to take action. So the police officer on the scene has discretion on whether to issue a nuisance ordinance or criminal complaint. Peterson asked if the current system is a matter of City policy. Rackis said yes. Peterson said that since the City already expects this and it is not happening, how does the 'raskforce encourage it to happen. Nasby said one way might be through stricter enforcement. Peterson asked if the policies themselves need to be changed. Clausen said they were just changed. Rackis agreed that the nuisance ordinance is only a year old. Peterson said she means changes to the process rather than the ordinance. Rackis said that each individual police officer has discretion on whether to issue a criminal complaint, so enforcement varies. He suggested changing the statement to expect owners and managers of "all housing to adequately manage their facilities, and to continue to enforce." Anciaux suggested "strictly enforce." Peterson said what is wanted is something more than what is happening now. Dennis noted that the judges are not City employees, so it is very difficult for landlords to evict people for unauthorized residency, even if the unauthorized resident signs for the certified letter. That is an issue with the judges, though, not the City. Rackis said that in many cases the landlords do not cooperate with the City. Peterson said the Taskforce would like to write something that would start to work towards addressing all those issues. Dennis said the new ordinance came out of the Neighborhood Housing Relations Taskforce, which was a process very similar to the Scattered Site Taskforce. The new ordinance has not been in place very long, and exception might be taken to the suggestion that the City needs to do more. Vandenberg suggested saying the Taskforce wants to support the efforts of the previous group. Peterson asked for confirmation that what Dennis is saying is that what the other Taskforce created is good but has not been in place long enough. Dennis agreed. Peterson asked if there is anything the Scattered Site Taskforce can say that can help it get enforced. Stutsman said it is fine to say the Taskforce supports the efforts of the Neighborhood Housing Relations Taskforce. Hayek noted that the Scattered Site Taskforce members are supporting something that they have never read. Anciaux said he thinks the statement is fine as written. Clausen said it should not say "should" because those standards are already expected. Anthony suggested saying the City should do more. Anciaux said the statement is effective as it is, because it is simply that not having effective management gives assisted housing a bad reputation. Clausen said that she does not see why that statement would be a recommendation, since the expectation is already in place. Hayek said that the intent was to reference the importance of effective rental management, without spelling out what it constitutes. Peterson said it is an important statement to include. Clausen asked if "should" could be removed. Anthony suggested removing the first sentence. Stutsman asked why "should" should be deleted. Clausen said it is because the expectation is already there. Hayek suggested, "As part of the implementation of these policies, the City's vigorous enforcement of rental housing regulations is critical." That would not say to do it or change it, but emphasize that enforcement is part of the solution. Peterson agreed with "vigorous enforcement." Clausen agreed with Hayek's suggested statement. Stutsman suggested changing "such" to "rental." Anciaux suggested changing it to "assisted." Hayek noted there are unassisted large multi-family complexes that are poorly managed and associated with assisted housing. Peterson agreed that happens all the time. Peterson confirmed that the edited statement would be "Much public opposition to assisted housing results from deficient maintenance and management of non-assisted tenant populations." Hayek said that strong management is desired for both. Anthony said that is captured in the first sentence, which talks about all rental housing. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 12 Nasby suggested changing the last sentence to monitoring "all housing." The Taskforce members present agreed with the changes. Regarding specific objective 13, no edits were suggested. Regarding specific objective 14, Clausen suggested removing the first clause and saying, "The City should conduct a.comprehensive review." The Taskforce members present agreed with the edit. Hayek noted that a point raised at the hearing was to ensure that the policies do not impact the ability to maintain and rehabilitate existing housing. He suggested bringing that up in the context of the matrix. Vandenberg confirmed that she and Anthony would be discussing the matrix before the next meeting. Peterson suggested making a note to discuss the rehab issue at the next meeting. Hayek said he would create a bullet point for that. Anciaux asked which objectives were not finalized. Hayek said specific objectives 3, 4, and 8. Vandenberg said she would work on 8. Peterson added that the order should be discussed. Anciaux said 8 and 11 should be combined. Peterson said they lose impact that way. Vandenberg left at this point. Next meeting set for April 25 at 4:30 p.m., location to be determined. Anthony noted that the City Attorney's office submitted an opinion prior to the public hearing, which was a public document but the Taskforce did not receive it before the hearing. Clausen asked what the date on the document was. Anthony said March 16. Nasby noted that the packets for the hearing were mailed by March 17, to give as much notice as possible before the hearing. The packets were done already, and the memo did not get routed in time. Hayek said that the Taskforce did not discuss Johnson's additional memo about a comprehensive housing summit, which was submitted after the hearing on March 31. He distributed copies of the document and suggested talking about it at the next meeting. ADJOURNMENT: There being no other business to come before the Taskforce, the meeting was adjourned at 6:50 p.m. s:lpcdlminutes/ScatteredSiteHousingTaskforce/2OO5/O4-O4-O5sshtf.doc Scattered Site Housing Taskforce Attendance Record 2005 01/03 01/24 0[/31 02/14 02/28 03/28 04/04 04/25 D. Anciaux X O/E X X X X X J. Anthony × X X X X X X D. Clausen X X O/E X X X X M. Hayek X X X X X X X J. Left X X X O/E X X O/E J. Peterson X X X X X X X S. Stutsman X X O/E O/E O/E X X VandenBerg × X X X X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES APPROVED CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE MARCH 17, 2005 CITY HALL, PLANNING AND COMMUNITY DEVELOPMENT CONFERENCE ROOM Members Present: Ernie Lehman, Bob Elliot, Regenia Bailey Members Absent: NONE Staff Present: Steve Nasby Others Present: Tom Walz, David McLee CALL MEETING TO ORDER Chairperson Lehman called the meeting to order at 2:02 pm. APPROVAL OF THE FEBRUARY 17, 2005 MINUTES Motion: Elliot moved to approve the minutes from February 17, 2005 meeting as submitted. Bailey seconded the motion. Motion passed 3-0. DISCUSSION OF REQUEST FOR CDBG ASSISTANCE-EXTEND THE DREAM FOUNDATION Nasby said that the project is going through a concurrent review between this committee and HCDC. He said that the project consists of the acquisition of a multi-use building, the first floor commercial, and the second floor residential. There are 3 one-bedroom apartments on the second floor and 3 commercial condo units on the first floor. Nasby added that there are essentially 3 applications for this project due to the different funding sources. Two are for the economic development portion of the building (one with the Economic Development committee and one with HCDC) and a third one with HCDC for the housing portion. He said that a commercial realtor has evaluated the project and the value of the commercial portion is $147,000, and the residential portion at $98,000. Nasby stated economic development aspect of the Extend the Dream proposal would enable them to expand micro-enterprise programming for persons with disabilities through supporting the opening of a new retail store and developing a new training facility for e-commerce. Elliot asked about the distribution status of the CDBG Economic Development Fund and how much CDBG economic development funds are currently available? Nasby answered that the FY2004-2005 funds were not yet completely spent. He said that after allocating the $175,000 to the Lear Corporation, there was $59,000 left in the FY05 CDBG Economic Development Fund, and starting July 1st the fiscal year 2006 would start and there would be and additional $145,000 in that fund according to CITY STEPS policies, but the FY06 funding would still have to go through City Council's approval. Lehman said that there were 2 applications made to the HCDC, one for the housing portion, and for the economic development. He added the recommendations from HCDC would be made at their March 17, 2005 meeting. He asked what was the amount requested for the HOME money. Walz answered they requested $98,000 for the housing portion. Bailey asked what kinds of figures are currently seen from profit sharing for salaries? Walz said that it depends on what the disability state of the worker is. He mentioned that somebody on SSDI could make up to $800 per month, while someone on SSI could make up to $85 per month. As an example he said that a lady that runs Lesley's Luxuries is a SSI client, but very disabled, and very happy to earn her $85 a month. He added that there would be a few persons that may not be on a disability program. Walz mentioned there is a guy who currently supplies and gets training in internet commerce. He said that he would have to work very hard in order to pay his livelihood. Walz added they have a list of people who look like high potential, that is they are bright and computer literate, and out of that list 1/3 may fail to succeed. Bailey asked how big the list is. Walz said there are 6 persons on the list City Council Economic Development Committee Minutes March 17, 2005 Page 2 McLee said that this would be a place that people would just pass through. He added that if there is something that would be opened and those people would be capable at that time they would stick around, but if there would not be activity at the moment they would end-up going some place else. Walz said the typical person would be someone that has a disability benefit who will make, after training, around $200-500 a month and this would make a substantial difference in their lives. Lehman said the Council started to separate out money into different funds around 3 years ago and the idea of having money into the economic development fund was to try to allocate those funds in a matter that would have an economic impact in the community. He added that by his calculations, with the coming FY06 allocations there would be around $200,000 in the fund. He said that for the project they have applied for the same money from HCDC, and whatever the Economic Development committee would do, would be contingent on what HCDC would do. Lehman added that it seems to be more a social program than an economic development program but understands how the proposal would help and would agree to come up some funds that HCDC did not ~ allocate. Elliot said that he would like to see the funds representative, partially social, and partial economic development. Walz said that the jobs created are socially and economical meaningful to the individual relative to their place in society. He asked how would the situation be about going to HCDC meeting. Lehman said they probably could not give any certain assurance about the amount of money that would be funded at this time, but that the Council Economic Development Committee would support the project. Elliot said that the Committee is very receptive to the concept presented, but would not be able to commit to the entire amount. Bailey said that the first step would be HCDC, and the Economic Development Committee would be used as a last resort. She asked if when the building would be purchased it would be pulled out of tax rolls because it would be non-profit. Bailey said she saw the project at about 80% social and 20% economic development. Lehman said that if HCDC would fund the project, then he would be willing to take a closer look to the project. Elliot said that he believes that if the project would happen, the value of the property and the visibility of the neighborhood would be improved. Walz said Extend the Dream was recently notified that they would be given the Pierson's soda fountain. Elliot asked if they would have the expertise to make that work. Walz said they would pull it off. Bailey asked how would Extend the Dream would market the new business. Walz said they did not do a lot of advertising. They tried to do it through editorials, paid advertising, or bus advertising. Lehman said that it appears the Committee consensus is to support the project. Nasby asked if they would be making any specific funding recommendation? Lehman said that he believes it would be really hard to decide at this point, and that the Committee should wait for the HCDC decision. He said that HCDC funding level would give some indication of their level of commitment to the project. ADJOURNMENT The meeting adjourned at 2:35 pm. Minutes submitted by Bogdana Rus. s:lpcdlminuteslecodev12005/edcO3-17-O5, doc Council Economic Development Committee Attendance Record 2005 TerlTl Name Expires 02/01 02/17 03/17 00/00 00/00 00/00 00/00 Regenia Bailey 01/02/08 X X X Bob Elliott 01/02/08 X X X Ernest Lehman 01/02/06 X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES PRE LIMINAR~~ii~ IOWA CITY BOARD OF ADJUSTMENT MARCH 9, 2005 EMMA J. HARVAT HALL-IOWA CITY, CITY HALL MEMBERS PRESENT: Carol Alexander, Michael Wright, Ned Wood, Karen Leigh, Vincent Maurer MEMBERS ABSENT: NONE STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: Steven Rohrback, Mike Brown, Terry Ira, Dwight Dobberstein, Sandra Wagner CALL TO ORDER: Chairperson Maurer called the meeting to order at 5:05pm. CONSIDERATION OF THE FEBRUARY 9, 2005 BOARD MINUTES MOTION: Alexander moved to approve the minutes from February 9, 2005. Leigh seconded the motion. Motion passed 5:0. SPECIAL EXCEPTIONS: EXC05-00003 Discussion of an application submitted by Southgate Development for a special exception for a drive-through restaurant on property located in the Community Commercial (CC-2) zone at 901 Hollywood Boulevard. Before beginning the staff report Miklo showed a map with the location of the property, the proposed site plan and photos with the general location. Miklo said that the applicant is proposing to construct a Taco Bell restaurant to the east of the new driveway. He added that a drive-through window is proposed for the new restaurant. Miklo mentioned that the CC-2 zone permits auto and truck oriented uses by special exception. He stated that there are two concerns raised by the proposed uses of drive-through. He said that one concern would be how well the drive-through lane is separated from surrounding pedestrian and vehicular use areas. He added that the plan shows sidewalks on the north, east and south sides of the building. Miklo said a connection to the shopping centers main sidewalk crosses the drive-through lane in a location south of the pick-up window. He stated that although it would not be ideal to direct pedestrians across a driveway, there would 5e no good alternative in this location. A second concern, Miklo said, would be whether there are enough stacking spaces for motorists waiting to pick-up orders from the drive-through window. He stated that the site plan shows sufficient area within the drive-through to accommodate 10 vehicles. Miklo added that if there would be a need of additional spaces there would be a driveway to the east of the drive-through entrance where vehicles could wait, which would result in temporary delays for motorists wishing to access the parking areas. Miklo said staff found this to be acceptable. Talking about the general standards Miklo said that the specific proposed exception would not be detrimental to or endanger the public health, safety, comfort or welfare. He added that the proposed exception should not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Miklo said that Pepperwood Plaza is easily accessible by car, and the traffic generated by the proposed use would be a minor fraction of the total. Miklo continued by saying that the establishment of the specific proposed exception should not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. He said that restaurants are permitted uses in the CC-2 zone, and the addition of the drive-through should not impede the development of other properties in the area. Iowa City Board of Adjustment Minutes March 9, 2005 Page 2 Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize traffic congestion on public streets. He said that the proposed drive-through is likely to have no effect on public streets. Miklo said that except for the specific regulations and standards applicable to the exception being considered, the specific exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is located. He mentioned that it will be required to conform to all requirements when they seek the building permit. Next, Miklo said that the proposed use is consistent with the short-range Comprehensive Plan of the City. Staff recommends that EXC05-00003 an application submitted by Southgate Development for a special exception for a drive-through restaurant on property located in the Community Commercial (CC-2) zone at 901 Hollywood Boulevard be approved subject to general conformance with the submitted site plan. Leigh asked how many access points are there to allow entrance to the Plaza. Miklo said that the site plan does not show but there are at least two different entrances to the Plaza. Public Hearin.q Opened Steven Rohrback, 755 Mormon Trek Boulevard, said that the project would add up to the renovation of the Pepperwood area. Rohrback said that he would be happy to answer any questions that the board would have. Public Hearinq Closed MOTION: Leigh moved that EXC05-00003 an application submitted by $outhgate Development for a special exception for a drive-through restaurant on property located in the Community Commercial (CC-2) zone at 901 Hollywood Boulevard be approved subject to general conformance with the submitted site plan and pedestrian crosswalk sign being installed. Alexander seconded the motion. Alexander said that she would vote in favor of the application. She said that the crosswalk sign for cars would help with the pedestrian's safety. She said that there would be enough stacking spaces for people waiting to pick-up orders. Alexander added that it will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood, but would help the area. The specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property. She mentioned that it is consistent with the Comprehensive Plan of the City. Wright said that he would vote in favor of the application. He said that with the pedestrian crossing sign the proposed exception would not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed exception would not be injurious to the use and enjoyment of other properties, but would help the area. The establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the rest of the area. He added that there would be no ingress or egress problems. He mentioned that adequate utilities, drainage and access are in place, and it is consistent with the Comprehensive Plan of the City. Leigh said that she would vote in favor for the reasons already stated. Wood would also vote in favor for the reasons already stated. Maurer said that he would vote in favor of the application. He said that all general standards have been met and have been indicated in the motion. Motion passed 5:0. EXC05-00004 Discussion of an application submitted by Iowa City Tire & Service Inc. for a special exception to reduce the front yard from 20 feet to 5.5 feet for property located in the Intensive Commercial (C1-1) zone north of 404 Kirkwood Avenue. Iowa City Board of Adjustment Minutes March 9, 2005 Page 3 Before beginning the staff report Miklo showed a map with the location of the property, the proposed site plan and photos with the property. Miklo said that the property is located at the corner of Maiden Lane and Kirkwood Avenue. He mentioned the property contains three buildings, two of which are used by Iowa City Tire & Service Inc., while the other one contains a retail pet supply store on the first floor with residential apartments on the upper floor. Miklo stated the applicant wishes to add a 5 by 60-foot building to the property to be used for auto repair and warehouse space. He added that the applicant seeks a special exception to the front yard setback requirement to allow the addition to encroach approximately 14.5 feet into the required 20-foot front yard adjacent to Maiden Lane. Accordingly, he said, that would leave only about a 5.5-foot yard between the property line and the new building. Miklo added that the Board can grant a special exception if the owner of the property demonstrates that there is a peculiar situation to the property in question, and there is a practical difficulty in complying with the zoning requirements. Miklo said that in staff's view there is no peculiar situation that warrants special treatment for the property, and granting the special exception might have negative consequences for adjacent properties and the general public. Miklo mentioned the application indicates that the requirement for two front yards for the tract is a peculiar situation that warrants the special exception, but all corner lots are required to have two front yards, so the property is not peculiar in this regard. He said that the requirement for a minimum front yard is intended to provide open space, visibility and consistency with the rest of the neighborhood. He added visibility is important for motorists and pedestrians, and reducing the set back to 5.5 feet would reduce visibility of motorist who need to cross the railroad tracks, and would force them to drive forward of the building before seeing an on coming train. Miklo said that in addition to visibility for traffic, a minimum setback helps assure the visibility of a business is not reduced, and granting the request would give a special privilege to this property that would reduce the visibility of its neighbor. Miklo mentioned that open space is important for the general aesthetics of the neighborhood, and provides space for landscaping. He said that the particular area has very little landscaping, and a further reduction of open space would diminish even more the space for landscape. Miklo said that another test is that there is a practical difficulty. He said that the applicant indicates that given the existing configuration of the buildings and parking lots on this tract, it would be difficult to locate the addition on the property. He added that although it may not be possible to build a structure the size the applicant wishes, it would be possible to adhere to the 20-foot set back on Maiden Lane and add a building with a 45-foot east to west dimension, which would allow the addition of considerable more square footage. In addition, Miklo said that the specific proposed exception should not be detrimental to or endanger the public health, safety, comfort or general welfare. He said that staff finds that the proposed exception will limit the visibility of the railroad for motorists, would reduce the visibility of another business, and the amount of open space available for landscaping. He added that the proposed exception should not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Miklo mentioned that it will limit the visibility for motorists, and would reduce the visibility of another business, and the amount of open space available for landscaping. Miklo continued by saying that the establishment of the specific proposed exception should not impede the normal and orderly development and improvement of the surrounding properly for uses permitted in the zone in which such property is located. Miklo stated that adequate utilities, access roads, drainage Iowa City Board of Adjustment Minutes March 9, 2005 Page 4 and/or necessary facilities have been or are being provided. Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Miklo repeated that it will limit the visibility for motorists. Next, Miklo said that the proposed use should be consistent with the Comprehensive Plan of the City. He said that this area is proposed for commercial development in the Comprehensive Plan, and staff believes that it would be possible to further develop the property for intended uses yet still adhere to the minimum standards applied to al other commercial properties in the zone. Staff recommends that EXC0$-00004 an application submitted by Iowa City Tire & Service Inc. for a special exception to reduce the front yard from 20 feet to 5.5 feet for property located in the Intensive Commercial (CI~I) zone north of 404 Kirkwood Avenue be denied. Maurer asked what would the height of the proposed building be. Miklo answered that it would probably be a one-story building. Alexander asked if all other buildings in the area meet the required 20-foot set back. Miklo said yes. The closest building to the street is 25-feet. Public Hearin.q Opened Mike Brown, 4547 Jenn Lane, North East Iowa City, said that the biggest concern for the board would be the visibility. He said that they have removed trees in the area to improve the visibility which has been affected by those trees for about 20 years. He said that having the building back to the 5.5 feet would help visibility; it would not be as good as it currently is, but from what it was when the trees were in place, it would actually improve it. Brown explained pointing to a picture presented that the edge of the building would be 17 feet from the beginning of the driveway, so it would be set back. He added that the width of that entrance is 25 feet. He mentioned he agrees that on the north side there would be some visibility issues. Brown said that the traffic there is the train. He added that they monitored over a few months how much train traffic here is in the area. Brown stated that the train goes by one or two times a week, very slow, and blowing the horn the entire time. Talking about the open space Brow said that even with the proposed building they would still have 88% open space of that whole parking lot. As far as the landscaping, Brown said that when his dad opened the shop in 1994 he had to do a lot of landscaping to comply with the code at that point, and he added that he is willing to do more if it would be necessary. Wood asked for explanation regarding the measurements of 17 feet from the beginning of the driveway. Miklo added that the setback from the driveway is not the concern in this case. The concern is the setback from the street right-of-way. Maurer asked how would the building tie with the rest of the existing constructions. Brown said that it would tie into the existing storage building. Maurer asked what would the access points be. Brown said that they would have access through the south, and also access from the other building. Terry Ira, 386 Running Deer Road, said that the pictures are kind of deceiving. Miklo mentioned that the pictures were meant to present the visibility issue, not to show the actual height of the proposed building. Ira said that the area is a 3.5-foot hill so there are visibility issues there already, and cutting down on the setback would not impede anyone's access. Ira said that it is possible to build a smaller building, but that would influence the business that he would do. Iowa City Board of Adjustment Minutes March 9, 2005 Page 5 Public Hearing Closed MOTION: Alexander moved that EXC05-00004 an application submitted by Iowa City Tire & Service Inc. for a special exception to reduce the front yard from 20 feet to 5.5 feet for property located in the Intensive Commercial (Cl-l) zone north of 404 Kirkwood Avenue be approved. Wright seconded the motion. Wright would likely vote against the application. He said that the Board can grant a special exception if the owner of the property demonstrates that there is a peculiar situation to the property in question, and there is a practical difficulty. He mentioned that the application indicates that the requirement for two front yards for the tract is a peculiar situation that warrants the special exception, but all corner lots are required to have two front yards, so the property.is not peculiar in this regard. Wright said there would be issues with the visibility. He added that the general standards are a concern because of the visibility issue. It wou~d be injurious to the use and enjoyment of other property in the immediate vicinity; it would impede the normal and orderly development and improvement of the surrounding properly. Wright said that it would also reduce the open space. Adequate measures would be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The visibility would again be the issue. He added that a smaller building would be consistent with the Comprehensive Plan of the City. Alexander would likely vote against the application. She said that although wanting to support people who improve their businesses, the board is restricted in what they do by the code, and they are stuck on the question of being a peculiar situation. She said that after that she does not think that it would qualify for a peculiar situation. Leigh would likely vote against the application. She mentioned that she is disappointed in not being able to help businesses expand, but this case would be a situation that would be detrimental to or endanger the public health, safety, comfort or general welfare. She added that those businesses might not always be the same, and their visibility might be obstructed by the proposed building. Accordingly, there is no precedent of other businesses so close to the street in this neighborhood. Wood would vote against the application. He mentioned that there is nothing that would make it a peculiar situation. He said that he knows that the train goes slow, and with the horn on, having a building so close to the street represents a potential detriment to the public health. He added that the biggest concern would be that it would be injurious to the use and enjoyment of other property in the immediate vicinity. He stated that the proposed building would be very inconsistent with the rest of the neighborhood. Maurer would vote against the application. He said that he would like to see the building built. He said that he does not have a problem with the ingress and egress. He added that the reduced setback would stand out among all other properties there. Motion denied 5:0. £XC05-00005 Discussion of an application submitted by Sycamore Mall for a special exception to allow the reduction of he parking requirements for properly located n the Community Commercial (CC-2) zone at 1600 Sycamore Street. Miklo said the Sycamore Mall property contains a variety of retail uses, and based on parking requirements the existing development is required to have 1,369 parking spaces. He added there are 1,411 spaces on the property. Miklo said the applicant would like to construct additional commercial space in the northwest corner of the property and additional theaters near the southwest corner of the property. He mentioned that the current theaters contain a total of 1,200 seats, and the applicant would like to add 800 more seats. Miklo mentioned that based on the parking requirements the proposed development would require 248 additional spaces, 206 more spaces than currently exist on the property. As a result, he said, the property would not have sufficient spaces to satisfy the requirements of the zoning code. Iowa City Board of Adjustment Minutes March 9, 2005 Page 6 Miklo said that by special exception the required number of parking space can be reduced by up to 50% where it can be demonstrated that the specific use has characteristics such that the number of parking spaces required is too great. He added the applicant is requesting such an exception to reduce the required number of spaces to one space per 200 square feet. Miklo stated that the applicant contends that the manner in which the zoning code calculates the required number of parking spaces for a shopping center results in a requirement that is too high. To demonstrate this contention, Miklo said, the applicant has conducted a count of the parking spaces being used. He added the counts were taken at three times per day- Noon, 3PM, and 7PM. He mentioned that the peak period of parking usage was Saturday afternoon when 644 of the 1,384 of the parking spaces were being used. Miklo said the actual peak parking demand at the mall likely occurs in late November, or in December, and even though parking counts are not available for the busiest time of the year, in staff's view the counts provided by the applicant demonstrate that the number of spaces provided by the mall, far exceed the actual demand for parking spaces. Miklo added the applicant had submitted information from the existing movie theaters indicating that peak attendance occurs at approximately 9:00PM when most other businesses in the mall are closed. He said that in staff's view the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located, adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate measures would be taken to provide ingress or egress designed to minimize traffic congestion on public streets. He mentioned that adequate utilities, drainage and access are in place, and commercial development in this area is consistent with the Comprehensive Plan of the City. Staff recommends that EX¢05-00005, an application submitted by Sycamore Mall for a special exception to allow the reduction of he parking requirements for property located n the Community Commercial (CC- 2) zone at 1600 Sycamore Street, be approved. Public Hearing Opened Dwight Dobberstein, 111 East College Street, said that they see this as the next step in what it was a remarkable transformation for the mall. He mentioned that he had never seen the parking lot full even during Christmas time. He said that the last thing the mall owner want to do is to short the parking which is critical for people to come. Sandra Waqner, 1606 Spruce Street, said that their backyard is directly adjacent to Sycamore Street. She said the time of the Board meeting is not appropriate for people who are working. If the meeting time was later she said more of her neighbors would be here to voice their concerns. She said that they love the theaters, but their concern with the new additions would be the loss of the buffer zone between the mall and the housing area. She said they had their fence vandalized, the American flag stolen, people climb over the fence, and they had been sworn at by teenagers traveling across their residential yards to get to the mall. Wagner said there is constant litter and noise. She said that there were other outdoor activities at the mall, such as car shows and bands, that disturbed the peace and quiet of the neighborhood. Public Hearinq Closed MOTION: Alexander moved that EXC05-00005 Discussion of an application submitted by Sycamore Mall for a special exception to allow the reduction of he parking requirements for property located n the Community Commercial (CC-2) zone at 1600 Sycamore Street be approved. Leigh seconded the motion. Leigh would vote in favor of the application. She said that she appreciates the concerned raised about the adjacent neighborhood, but she did not think the proposed parking reduction related to those concerns. Iowa City Board of Adjustment Minutes March 9, 2005 Page 7 She added the application has tremendous merit in revitalizing that part of town. She said she found the parking count very supportive of the request. She mentioned the application meets both specific and general standards. The proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity. The establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located, adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate measures would be taken to provide ingress or egress designed to minimize traffic congestion on public streets. She mentioned that adequate utilities, drainage and access are in place, and it is consistent with the Comprehensive Plan of the City Alexander would vote in favor of the application. She said the data submitted was very helpful. She added that it fulfils all general and specific standards. Wright would also vote in favor of the application. He said that he appreciates the concerned raised. He added the specific and general standards are met. The parking would be more than adequate. He said that it will not be detrimental to or endanger the public health, safety, comfort or general welfare, the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The establishment of the specific proposed exception would not impede the normal and orderly development and improvement of the surrounding property. Wood would also vote in favor of the application. He said that he appreciates the concerned raised. He said the data submitted was very helpful. He added that it fulfils all general and specific standards. He said it is consistent with the Comprehensive Plan of the City. Maurer would also vote in favor of the application for the reasons already stated. Motion passed 5:0. OTHER: NONE ADJOURNMENT The meeting adjourned at 6:30PM. s:lpcdlr~nuteslboa/2OO5/O3-O9-O5,doc Board of Adjustment Attendance Record 2005 .Te~ Name Expires 01/12 02/09 03/09 04/13 05/11 06/08 07/13 08/10 09/14 10/12 11/09 12/14 Carol Alexander 01/01/08 X X X Ned Wood 01/01/10 .... X X Karen Leigh 01/01/07 X O/E X Vincent Maurer 01/01/06 X O/E X Michael Wright 01/01/09 X X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member IP19 MINUTES DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, MARCH 28, 2005 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKiNG FACILITY MEMBERS PRESENT: Gary Hagen, Saul Mekies, Brett Castillo, Kimberly Thrower MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling OTHERS PRESENT: Kevin Hoyland, Susan Rogusky, Mike McBride, Phil Phillips RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION McBride said the University of Iowa channel has been very productive and seen a significant increase in the number of programs produced and cablecast during the last quarter. Among the new 75 programs were 32 produced in conjunction with the athletic department, 21 produced in conjunction with KSUI/WSUI, 8 faculty or guest lectures, 9 fine arts programs, and 5 student productions. Mekies said the quality of the local school channel reflects on all the local access channels and that the Commission should contact the school district to reinforce to them the Commission's desire to see improvements. Hardy said he is working on a memo regarding what equipment upgrades or changes are needed to improve the quality of the school board meeting productions. Mekies said that Iowa City has a large number of access channels and if they are to be kept those managing the channels need to ensure they are providing a value to the community. If an access channel is not receiving the attention and commitment from those responsible for them, perhaps those channels are not needed. Hardy said he can expand his report to include general technical improvements for the education channel. Goding distributed PATV's annual report. PATV will host a group of 6th graders as part of the school's job shadowing program. The students will make a tape of their classmates' experiences. A new workshop entitled Raising Media Savvy Kids will be offered by PATV on April 28. Liz Preciado will teach the workshop. Hardy reported that the North Liberty City Council meetings will be cablecast three times a week on channel 4. Shaffer reported that the public hearing on the franchise extension will be publicized using press releases, video spots, ads in the newspaper, a crawl on the weather channel, city web sites, and InfoVision. Sponsorship announcements on WSUI and KSUI cannot be utilized as the stations consider them a call to action, which does not fit their guidelines. The topic for the next Avatar program will be how senior citizens contribute to Iowa City. Following that the programs for future months will be on the Affordable Dream House program, the Neighborhood Associations, and cultural arts in Iowa City. Shaffer reported that copies of the draft franchise and ordinance are available to the public at the City Clerk office and on the Cable TV Division website. Rice, Williams will be attending the public hearing to answer any questions from the public. Jon Koebrick and Randy Brown from Mediacom will also be present. Castillo said that if any sustentative issues arise at the hearing that they can be taken up at the next regular Commission meeting. ELECTION OF OFFICERS Thrower moved to elect an interim chair to conduct the March, 2005 meeting and to elect permanent officers at the April meeting when the vacancy on the Commission has been filled. Castillo seconded the motion and it was passed unanimously. Mekies nominated Castillo for interim chair. Thrower seconded the motion and it passed unanimously. APPROVAL OF MINUTES Mekies moved to approve the January 24, 2005 minutes. Thrower seconded and they were passed unanimously. Thrower moved to approve the February 28, 2005 minutes. Mekies seconded and they were passed unanimously. Thrower moved to approve the March 8, 2005 minutes. Mekies seconded and they were passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hagen introduced himself and said he is looking forward to serve on the Commission. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer reported receiving 6 complaints, all of which have been resolved. There were 2 complaints regarding technical problems, 2 regarding consumer desires, and 2 regarding programming. UNIVERSITY OF IOWA REPORT McBride distributed a report summarizing the past quarter's activities. McBride said the last quarter has been very productive and seen a significant increase in the number of programs produced and cablecast. Among the new 75 programs were 32 produced in conjunction with the athletic department, 21 produced in conjunction with KSUI/WSUI, 8 faculty or guest lectures, 9 fine arts programs, and 5 student productions. SENIOR CENTER REPORT Rogusky distributed the SCTV program schedule. An upgrade of editing software has been installed. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that their on-air computer was infected with a virus and the SCALA program did not play for the past 2-3 weeks. The problem has been resolved. Mekies asked who the Commission might contact to encourage the school district to make a stronger commitment to improve the technical quality of the channel. Hoyland said Perry Ross is the administrator responsible and that the superintendent and the school board may be the best people to contact. Mekies said the quality of the school channel reflects on all the local access channels and that the Commission should contact the school district to reinforce to them a desire to see improvements. Hardy said he is working on a memo regarding what equipment upgrades or changes are needed to improve the quality of the school board meeting productions. Hardy said the school district, unlike the rest of the access channels, is hampered by not having someone responsible for all the operations of the channel. Mekies said that Iowa City has a large number of access channels and if they are to be kept, those managing the channels need to ensure they are providing a value to the community. If an access channel is not receiving the attention and commitment from those responsible for them, perhaps those channels are not needed. Hardy said he could expand his report to include general technical improvements for the education channel. Hoyland said there are plans to put a studio in the expanded alternative high school and Hoyland has been working to add video production to the curriculum. Castillo suggested waiting until the Commission receives Hardy's memo before taking any further measures. MEDIACOM REPORT No representative was present. PATVREPORT ' Goding distributed PATV's annual report. PATV will host a group of 6th graders as part of the school's job shadowing program. The students will make a tape of their classmates' experiences. A new workshop entitled Raising Media Savvy Kids will be offered by PATV on April 28. Liz Preciado will teach the workshop. LEGAL REPORT No representative was present. Shaffer said the City Attorney's office will be assigning an interim attorney to the Cable TV Division in Matthew's absence. KIRKWOOD REPORT No representative was present. LIBRARY REPORT No representative was present. MEDIA UNIT Hardy reported that the North Liberty City Council meetings will be cablecast three times a week on channel 4. The Community Television Service continues to be quite busy. InfoVision continues to work toward moving to a Macintosh platform. The new platform will provide a better quality signal, offer better video on demand capability, and provide direct access to selected web sites. CABLE TV ADMINISTRATOR REPORT Shaffer reported that the public hearing on the franchise extension will be publicized using press releases, video spots, ads in the newspaper, a crawl on the weather channel, city web sites, and InfoVision. Sponsorship announcements on WSUI and KSUI cannot be utilized as the stations consider them a call to action, which does not fit their guidelines. The topic for the next Avatar program will be how senior citizens contribute to Iowa City. Following that the programs in future months will be on the Affordable Dream House program, the Neighborhood Associations, and cultural arts in Iowa City. The City Council will appoint a Commissioner at their April 5 meeting. Shaffer thanked Mediacom for their assistance in getting the City Channel 4 and the Interactive Channel 5 program listings on the digital program guide including descriptions of the programs. REFRANCHIS1NG UPDATE Shaffer reported that cop{es of the draft franchise and ordinance are available to the public at the City Clerk office and on the Cable TV Division website. Rice, Williams will be attending the public hearing to answer any questions from the public. Jon Koebrick and Randy Brown from Mediacom will also be present. Castillo, as interim Commission chair, will serve as facilitator for the meeting. Thrower suggested that Castillo clarify at the beginning of the hearing that the purpose of the heating is to gather input on the draft franchise and ordinance and not to deal with consumer complaints. The Commission agreed that speakers should be limited to an initial 5 minutes so anyone wishing to speak will have an opportunity. Helling said the first priority is to hear the public's opinions. Commissions should try and avoid entering into extended dialog with speakers or engage in debates. Rice, Williams will be available to explain any elements or reasoning regarding the draft franchise and ordinance. Castillo said that if any sustentative issues arise at the hearing, they can be taken up at the next regular Commission meeting. ADJOURNMENT Mekies moved and Thrower seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:21 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Date Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusack Thrower 612/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x o/c 9/22/03 x x x x o/c 10/27/03 x x x x o/c 11/24/03 x x o/c x x 12/15/03 o/c o/c x · x x 1/2/04 x o/c x x x 1/26/04 x x x x x 2/23/04 x o/c x o/c x 3/22/04 x x x x x 4/26/04 x x x x O/C 5/24/04 x x O/C x x 6/28/04 x x x o/c x 7/26/04 o/c x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not meet Did not meet X X X X X 12/20/04 1/24/05 X X X X X 2/28/05 X X X X Gary Hagen 3/8/05 x X X X x (X) = Present (O) = Absent (O/C) = AbsenfJCalled (Excused) MINUTES SCATTERED SITE HOUSING TASKFORCE MARCH 28, 2005 SENIOR CENTER, ASSEMBLY ROOM MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Sally Stutsman, Joan Vandenberg STAFF PRESENT: Amy Blessing, Deb Briggs, Mary Copper, Steve Nasby, Steve Rackis OTHERS PRESENT: Allan Axeen, Regina Bailey, Ann Boberg, Crissy Canganelli, Melissa Copeland, Amy Correia, Maryann Dennis, Terry Dewich, Rick Dobyns, Charlie Eastham, Bob Elliott, Dave Franker, Teresa Garcia, Tracy Glaesemann, Andy Johnson, Garry Klein, Jim McCue, Anne Murphy, Matt Otte, Rita Offut, Andrew Peterson, Mary Kate Pilcher, Patti Santangelo, Carol Spaziani, Tammy Spies, Dee Vanderhoef, Charlotte Walker, Larry Wilson, Theresa Wilson CALL TO ORDER: Chairperson Hayek called the hearing to order at 6:35 pm. INTRODUCTION Hayek began the meeting by welcoming all the attendees and explaining that the purpose of the public hearing was to give people an opportunity to offer feedback and comments on the draft recommendations concerning the Taskforce findings, which are under consideration for presentation to the City Council. Hayek said that the Taskforce was formed in 2004 by the City Council, and was asked to review assisted housing in Iowa City and assisted housing policies. The Taskforce was also asked to make some recommendations, if needed, based on their findings to be considered for future housing policies concerning the distribution and location of different types of assisted housing. Hayek introduced and then thanked all of the Taskforce members for all the hard work they have put into the deliberation process, as well as the groups that participated by presenting information and providing commentary. Hayek said that the Taskforce heard presentations from approximately 17 different groups and individuals. This public hearing is to gather feedback about the recommendations, and then the Taskforce will reconvene in April to either reach final consensus on the draft, or make any necessary revisions. Upon approval by the Taskforce the recommendations will then be presented to the City Council. Hayek said that copies of the recommendations were available if anyone did not have a copy. He read through all of the recommendations, and then noted that a map of Iowa City's census tracts and block groups was on display at the back of the room. He said that block groups are subsets of census tracts, and the smallest geographic area for which census data is available. The map is also available in the packets at the back of the room. He said that Anthony would give an explanation of the matrix. Anthony noted that the Taskforce has not yet voted or otherwise approved the draft recommendations. He said that the recommendations have come out of extensive discussion, and the Taskforce members felt it would be appropriate to share with the public the lines of thought the Taskforce is pursuing. Anthony explained that the Fair Share Matrix is based on the premise that all different parts of the city should have a fair share of assisted rental housing. In order to develop the matrix, the Taskforce had to decide what kinds of assisted housing to include, how to divide the city into different parts, and what a fair share would be. Then parts of the city were evaluated and identified as under- or over-represented in regards to the existing number of units of assisted rental housing. Anthony said that the first task was to determine what kind of assisted housing to include. The Taskforce determined in preliminary discussions that the number of owner-occupied households that received assistance was not a sufficiently large in number, so it was excluded from consideration. He noted also that public housing was excluded from the matrix because there are few public housing units, it is not an expanding program, and the City can do very little about the existing locations of public housing. Additionally, Section 8 housing is dispersed throughout the city already and the location choices were Scattered Site Housing Taskforce Minutes March 28, 2005 Page 2 tenant based, so that program was also excluded. That left only location based assisted rental units. He said that the City of Iowa City currently does not provide any funding for assisted housing. Anthony continued by saying the Taskforce then decided to use block groups as their unit of consideration, as it is the smallest unit for which census data is available. Neighborhoods as outlined in the comprehensive plan were not used because they are too large for adequate analysis, and also the boundaries have changed over time. The Taskforce determined that census tracts were also too large, and so decided to use census block groups. There are 31 block groups in Iowa City, as designated by the U.S. Bureau of Census. Anthony said what that means in regards to the notion of Fair Share, is that each block group should have close to an equal percentage of assisted housing. So for example, if there were 100 assisted rental units in Iowa City, an equal distribution of assisted rental housing would mean that each block group should have close to three units. Anthony said the assisted housing for each block group was calculated as a percentage of the total number of assisted rental units in the city, which is represented on the Fair Share Matrix. What the table means is that if each block group should have close to three percent (3.23%) of all the assisted housing units, for example census tract four, block group one has ten times as much as it should if there were a fair distribution. Alternatively, census tract one, block group one has one-tenth the amount it should. Otte asked why there are two census tracts numbered one on the matrix. Anthony explained the census tracts are broken into 1,2, or 3 block groups, so the listing is for tract one with blocks one and two. The U.S. Census Bureau, not the Taskforce or the City made the block group designations. One attendee asked what the difference is between assisted rental housing and Section 8. Nasby said that the definition used by the Taskforce was that assisted housing are projects the City put funding into for their development. Hayek said that the Resolution passed by the Council defined assisted housing as any housing development or acquisition intended for Iow to moderate income households, including rental, home ownership, transitional housing, and residential facilities receiving any public assistance or support, including federal, state, county, or city funding. The attendee asked for confirmation that Section 8 is included in that definition but was excluded from the Taskforce consideration. Hayek explained that Section 8 is a voucher, but the Taskforce is evaluating physical units. Rackis said that a voucher is not required for development property. It is a subsidy paid on behalf of an eligible family to a private market landlord, so it is not a fixed location. Hayek said that the terms "housing choice voucher" and "Section 8" are used interchangeably. Hayek asked all audience members with comments for the Taskforce to limit their statements to three minutes, and to limit their comments to the recommendations themselves. If individuals have additional questions or comments, please wait until everyone has a chance to speak before taking an additional turn to speak. He added that all attendees should put their names on the sign-in sheet being passed around, for the minutes. Presenters were invited to come to the table with the microphone, or speak loudly enough for the microphone. Anciaux noted that presenters should state their names, and Hayek agreed. PUBLIC HEARING Dennis said she is the Greater Iowa City Housing Fellowship Executive Director. She distributed a hard copy of her statement to the Taskforce members, then said the Housing Fellowship has long been a proponent of scattered site affordable housing. They currently own and manage 109 rental units, located in 13 of the 15 Iowa City and Coralville elementary school attendance areas. The Housing Fellowship's staff and trustees care about what happens in the community and the schools. Dennis noted that the Fellowship has advertised vacant units only five times in the past 15 years. The Fellowship does not recruit from outside of Johnson County, and any statements implying that they do are completely false. She said that 64 percent of their tenant households have elementary school aged children, and 10 percent of units with elementary school aged children have incomes that exceed qualifications for free and reduced lunch. The majority of their tenant families are hard working one-wage earning households that cannot afford local market rent. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 3 Dennis continued by saying that decent, stable, affordable housing keeps children in schools, and adults in jobs. Johnson County is the most costly county in Iowa. The Fellowship has only scratched the surface of the overwhelming need for affordable housing in Iowa City and Johnson County. Many of the recommendations are innocuous, but the Fellowship's concern is that these recommendations will lead to a slippery slope that will effectively stop assisted housing from being built. For example, the Fair Share Matrix included with the recommendations will not allow the Fellowship to develop more affordable housing in the peninsula area, and many other areas that include the fastest growth and most available land. Since the recommendations do not require an increase in assisted housing, if the Council were to adopt them, it could happen that not one more unit of affordable housing would be built. Approval of general policy objective 2, and specific policy objectives 1,2, 4, 5, 6, 9, 10, and 11 would insure against a reduction, but would not provide any increase in affordable housing. If the recommendations remain as drafted, she cannot support them, an~ she would encourage Council not to adopt them. Eastham said he is the President of the Greater Iowa City Housing Fellowship. He distributed a proposed revision to the Fair Share Matrix, which will allow them to continue with new assisted rental housing development. Aisc in the handout are suggested specific changes for the specific recommendations 2, 3, and 4. He said the difficulty with the Matrix as drafted is the prohibition against completing development in certain areas, such as the peninsula. His revision offers an alternate analysis of block groups, with the suggested revision that the number of assisted rental units be adjusted for the number of occupied homes in each block group. He noted there is wide range in the numbers of homes in the different block groups. He estimated that 60 percent of the total homes in Iowa City are located in only one third of the block groups, so it would make more sense to have a distribution of assisted units that is proportionate to the numbers of houses already in the block groups, or a simple numerical average throughout the City. Eastham continued by saying that he would like new assisted housing in developing residential areas be determined by the proportion of homes, as well as adjusted for the potential for future development in each block group. New assisted housing development is most likely to occur in tracts 1,4, 18, and 105, and it would be beneficial to have assisted housing in new residential developments in those areas. Eastham said that in regards to an objection to specific policy recommendation 2, establishing a residency preference, he thinks that topic is outside the scope of the Taskforce and should be removed. The implications and consequences have not been analyzed, the need for a preference has not been established, and any preference will have negative effects on children of racial minorities. Aisc, objective 4 should be deleted. The objective of scattering housing would be achieved simply and effectively by providing incentives, as provided in objective 3. Johnson said he is the Executive Director of the Johnson County Housing Trust Fund. He provided a written copy of his statement for the Taskforce. He said first that he would like to acknowledge that the Trust Fund was invited to present to the Taskforce. However, they did not feel able to assist in the deliberations at that point, due to the newness of the organization. He said his statement indicates some of the activities and accomplishments of the Trust Fund over the past year, and that they are consistent with the recommendations to the extent that they address the need for increased resources, community education and awareness, and cooperation and coordination between the communities of Johnson County. Johnson said he would like to see more support for an increase in assisted housing. While specific objective 2 acknowledges a growing need for additional assisted housing, general objective 2 only recommends maintaining the current commitment to assisted housing. He recommended changing general objective 2 to advocate an increase in the commitment to assisted housing, while adopting a scattered site policy and increasing the supply. Johnson added that the recommendations contain prescriptions on additional assisted housing in some areas, and a delay in access to housing to some people. Then it also recommends additional resources and efforts to increase assisted housing in other areas. The concern is that the restrictions will take effect without incentives being offered to build in other areas, because of the relative ease of denying services and resources compared to the difficulty of scattering due to the need to find additional resources, as well Scattered Site Housing Taskforce Minutes March 28, 2005 Page 4 as community opposition. If the recommendations were submitted as they are drafted, the Trust Fund would urge the Taskforce to remain vigilant in holding the City accountable for addressing the whole range of recommendations. Rackis said his comments are in writing, and are comments of the Housing Authority staff observations regarding the recommendations. He said the housing choice voucher program was beyond the scope of the Taskforce, because the vouchers do not acquire or develop property. He said staff analysis of a potential residency preference indicated it would serve little purpose, and that further analysis is needed regarding that recommendation. HUD will not allow a residency requirement, nor will HUD allow a residency preference based on how long an applicant has resided or worked in a preference area. State law requires only presence and intent to remain permanently or indefinitely in the state to establish residency in Iowa. Any number of activities, such as enrolling children in school, presenting a voter registration card, or obtaining a driver's license would be taken as third-party verification of intent. Rackis read a letter from a Housing Authority client, to illustrate an example of the type of person the Housing Authority is serving. He noted that the average length of stay for 75 percent of participants in their program is five years er less. Axeen said he is With Hawkeye Area Community Action Program (HACAP), and part of their mission is to provide safe and affordable housing. HACAP's focus is on homeless families, and their focus is limited to transitional housing. Some of their activities are HUD supported, and some are not. He foresees possible difficulty with the rehabilitation of older housing in the prohibited areas. Buying and renovating helps revitalize neighborhoods and keep them from getting run down. There should be a process to allow rehabilitation projects to take place in prohibited areas, and allow the HCDC some determination. Axeen said that one of the greatest barriers for homeless families is transportation, so affordable housing has to be accessible to public transportation. It also needs to be near schools and an affordable daycare. Census blocks that are designated for no new growth have over 150 Head Start slots. Clients also need access to jobs. He said he does not want to have some areas blocked from development. Currently those are the areas where a lot of service is provided, and it would not be optimal to have HUD dollars blocked from rehabilitation. Correia said she is on the Board of Directors for the Johnson County Housing Trust Fund. She challenged the idea that assisted housing causes problems in neighborhoods, and asserted that the lack of critical investments in those neighborhoods cause instability for families and schools. Tract 18 has had critical investment in its economy through tax increment financing. If families in the Grant Wood and Mark Twain attendance areas are moving frequently because of difficulty with finding an affordable place to live, and if it is an area of town where people want to live that has abundant rental housing, then the investment into assisted housing in those neighborhoods should be increased. Correia continued by saying the Taskforce should encourage a balanced housing policy, one that invests in people as much as property. Federal subsidies are given disproportionately to higher income families. In 2003, the Federal government spent close to $57.2 billion in tax-related expenditures to households with an average income of $148,000. The subsidies are entitlement programs, so all qualified and eligible households receive them. On the other hand, programs for Iow-income housing do not meet needs. Correia said Iowa City's housing issues are part of a trend across the country, due in part because wages are not keeping up with housing costs. The fastest growing segment of the economy is for jobs at the lowest wage. She suggested that the first general point in the document be changed to recommend an increased investment in tract 18 to help stabilize families and children in schools. She also said that points 2, 8, and 12 are outside the purview of the Taskforce. Hayek asked what the subsidy is for high-income housing. Correia said it is the federal mortgage interest tax deduction. Those tax breaks allow families to invest in their properties and futures, and the tax expenditures that go to Pow-income families allow them to lower their housing costs to an affordable level. Then they can invest in their basic human needs and try to invest in their futures as well. Anthony noted that the mortgage interest deduction is the largest housing program in the country, and benefits the richest people. Not all housing programs are targeted for poor people. Everyone who itemizes his or her tax deductions is getting a federal tax subsidy. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 5 Boberg said she is a citizen, and had several concerns to raise that the public will want to know. One is a concern about renting versus owning, and assisting housing while not assisting ownership. The idea of owning versus renting is a concern that will need to be explained, since many higher income families also do not own. Second is a question about what the private sector is currently doing. At one time banks were creating programs that involved very Iow down payments and favorable rates for certain income levels. The public, realtors, and potential homeowners will want to have information about the private sector's activities. Also, Iowa City has a very good open space requirement for new development, so there is a need to maintain a density-based open space policy versus acreage-based. Finally, she noted that assisted housing should be built as safely as possible, and that affordability should never compromise safety. Santangelo said she is involved with HACAP, GICHF, and the Local Homeless Coordinating Board. She agreed with Axeen that transportation and locations of services such as childcare are a concern. She noted in regards to the proposed residency preference, Iowa City has a two-year waiting list, so people who receive assistance will have already been living in the area. Many of the census tracts have no job opportunities, so it would be difficult to locate someone there who is dependent on public transportation. HACAP has childcare in Coralville, but there is no bus service. She added that the need is to increase assisted housing, and increase minimum wage so people can afford their housing. Walker said it would have been nice to have the audience fill out a questionnaire to find out their opinions, to see if there was agreement amongst the audience on the recommendations. Anciaux said there are extra copies of the recommendations that audience members can write comments on to give to the Taskforce. Hayek said that anyone who is uncomfortable with speaking may submit a letter for consideration at the next Taskforce meeting. McCue said he is a retired citizen. He said that the perils of allowing the status quo referred to in specific objective 10 should be spelled out and that point should also be more prominent. The point needs to be made that this is the beginning of a conversation that includes many topics..He would like to hear the Taskforce respond to some of the specific concerns raised by previous presenters as well. Hayek said that the recommendations will be attached to the end of a narrative that will give a broader explanation of some of the points. That narrative would describe some of the conditions that the Taskforce does not want to see continue. Klein said that the majority of the current and growing population in the city are in the south and east sides. As populations diminish in neighborhoods, there is a greater tendency for those neighborhoods to decline. The Taskforce is offering an opportunity, because some neighborhoods would benefit from revitalization by renovating existing buildings. He would like to know what the price tag will be, and who will be paying. Klein asked what a residency preference is. Rackis said that with a local residency preference in place, residents of a geographic area would be served first, before anyone else. HUD says that people who receive a job offer in that area would also qualify for the residency preference. It would create a two-tiered system, though one ramification is that single students, for example, could be given preference. Currently single students are at the bottom of the list, but they would benefit from a residency preference. Hayek asked for confirmation that the Iowa City Housing Authority has other preferences currently in place. Rackis said yes, noting that the preferences are for persons with disabilities, elderly families, and families with children under 18, all of which are given equal weight. All of those preferences require third- party verification. Klein noted that additional explanation on that point in the document might be helpful. Klein asked if the Taskforce looked at how different tracts are currently zoned, and whether there are more areas of residential zoning in some tracts than in others. Anthony said the Taskforce did not and looked at housing numbers. They did request that information, but a zoning map overlay on a census tract map was not available. Hayek said that the census blocks in the matrix are all residential to some extent. He said that they discussed some block groups to be omitted because they did not have an appreciable amount of residential zoning. Klein said that the block groups might not be equally comparable in regards to potential land use. Anciaux said the Taskforce looked at police boundaries and elementary school attendance areas too. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 6 Klein added that some consideration should be given to relative affordability, and whether the opportunities are comparable in different tracts in regards to access to jobs and transportation. Service providers also go where things are less expensive and with least public resistance. Having a policy should help, but the playing field needs to be level, and make sure it will help who it is intended to help. He thanked the Taskforce members for their work, and for beginning the discussion about this issue. Klein announced that a panel discussion by FAIR on Affordable Housing would be held on Thursday, March 31 at Iowa City Public Library at 7:00 p.m. in meeting room A. Otte said he is with the Community Mental Health Center's homeless outreach program. He said that he supports other presenters' statements about removing specific objectives 2 and 4, and he does not agree with a residency preference. When working with homeless clients, he must first set people up with residency, so he would be working against a preference. His group has plans to build housing in some of the over represented block groups. He noted that some of the over represented areas have the most available land. He also does not agree with the map that was used to determine the matrix. For example, block group 4.1 has Pheasant Ridge right on the edge, which excludes that large area from further development. Anciaux asked if Otte is against the residency preference, even though Rackis said people only have to live in the community or have a driver's license to establish residency. Otte said yes, and if that is the case, then a residency preference is meaningless. Anciaux said everyone in Iowa City would benefit from the preference. Otte said he then does not see how that would benefit anyone. Anciaux asked for confirmation that Otte was concerned about census tract one block two. Otte said yes, that it was his understanding that nothing more could be built there. Anciaux said that particular block group is currently listed as under represented. Santangelo pointed out that only three more units would cause that block group to be over represented. Anciaux confirmed that is the peninsula area. Otte said there is a lot of land available and it ready to be developed. Offut said she is with Shelter House. She said all appear to agree that more Iow income housing is needed, but her concern is that while limiting certain areas from building, ultimately the available areas will not be feasible for renovating or building new housing, or will not have services available. The recommendations look good, but there are potential problems when looking at the larger picture, and they should be investigated and evaluated. She said the recommendations were not completely bad, and thanked the Taskforce members for their work. However, some points need to be investigated further. Hayek asked whether Offut's concerns are that funding will not be available to put the recommendations into effect. Offut said the funding will still be available, but building in other areas will not cost the same. Vandenberg said that the Taskforce is trying to look at strategies to counteract the market forces. Offut said that excluding areas will create problems, potentially reducing the amount of housing that is built in the future. Hayek noted that the policy does not prohibit building in any areas of Iowa City just that the City would not provide funding for it, and would be designed to assist with locating housing into under represented areas. He noted that part of the recommendations is a call for a review to see whether the policy is working. Offut said that not having funding available to renovate deteriorating housing in the over represented tracts would cause them to fall into further disrepair. Anciaux asked when an area should be declared over represented. Offut said she not an expert in that area and could not answer. Hayek said he understands the two points about maintaining the current stock and the fact that the recommendations could impede renovation of existing housing. Offut noted that there are price limits to funding from some grants. Axeen agreed that HUD has maximums already in place. McCue added that he agreed with the suggestions to remove the recommendation for a residency preference. Either it is meaningless, or it would mean that "they" would go to the bottom of the list, "they" being poor African Americans moving from Chicago who really don't belong in Iowa City. That was not the intent, but that might be how it will be interpreted. Walker said that people could live in Illinois and be on the waiting list in Iowa City, which does impact residents in Iowa City. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 7 Vandenberg said that the problem is that the Section 8 program is federal, and Iowa City experiences fallout from other areas' negative housing policies and issues. The shorter the waiting list becomes, the more likely it is that people outside of the Iowa City community will come here to live, and the intent is to work to well serve the current members of the community. Briggs said that if everyone qualifies for the preference, it does not accomplish what it was intended and becomes meaningless. If someone from out of state gets a job in Iowa City, in one day that person becomes a resident and qualifies for the preference. Even if that person quits the job the next day, that person is still a resident. Rackis noted that not all applicants are participants in the Section 8 program. While 57 percent of the waiting list is Iowa residents, and 42 percent of the waiting list is Illinois residents, 88 percent of people admitted to the program are Iowa residents. It is very easy to establish residency in Iowa, which means that it is easy to qualify for the preference. Vandenberg said the intent behind the residency preference was not to exclude anyone, though she agreed at this point that it probably would not work. Rackis said the ICHA is serving local residents already. Peters said he is a member of the board of Shelter House and a researcher at The University of Iowa. He recommended not using block groups when it does not make sense to do so. The point was made of tract four block one that it hides very wealthy neighborhoods that would benefit from additional assisted housing. He also said regarding specific objectives 9 and 10, consider being very systematic in targeting block groups with the greatest disparity. The incentives might be used most cost-effectively if targeted in those areas. Hayek asked if Peters meant that the least represented would be approached first. Peters said yes, that his concern that the areas listed as under represented that still contain a high percent will be populated first. Hayek said the Taskforce did discuss a gradation system that would take into consideration proportionately how under represented each area is. Peters suggested using the word "effective" or "evidence-based" instead of "appropriate." Axeen said that the Taskforce has done a great service. This is an issue that has never been discussed publicly before. He asked if any attempt was made to quantify cost differences between building units in different areas. Hayek said that the Taskforce did not get estimates from the City, though the Taskforce knows it would be considerable. Given all that the Taskforce is attempting, that aspect was left to the City to determine. The crux of the matter is that a choice has to be made whether to leave things as they are, whether to maintain current funding while scattering, or explore additional funding. There were good points raised about wanting the supply to be increased, but the Taskforce would like to ensure at a minimum that the current supply not be diminished. Axeen said that should be emphasized in the presentation to the Council. Dennis said she agrees that tract 18 has enough, but if that is a point of agreement, there need to be more teeth put into the inclusionary zoning recommendation. Also regarding incentives for scattering, establish that developers are required to do it, or they will not. Anciaux noted that the Taskforce has no budgetary authority, and the City Council will have to decide whether the policy can be funded or not. Vandenberg said that making these things mandatory would not work without including the other area communities. Dennis agreed that is her concern as well. Anthony agreed that in order to maintain the current supply, the City would have to contribute significant funding. A scattered site policy would benefit public welfare, but it could only work if funding or strong inclusionary zoning policies are adopted. Copeland said she is with Shelter House. She first thanked the Taskforce members for their hard work. She asked if Shelter House would be considered an address for the residency preference. Rackis said that would be determined on a case-by-case basis. The ICHA attorneys have determined that Shelter House is not a legal domicile. However, at the time of application, if there is presence in Iowa and intent to stay, HUD says at this point that address qualifies. Copeland said that when there was a local preference in effect, a lot of people who wanted to live in Iowa could establish residency by coming to Shelter House. Shelter House does not have space to accommodate all those people, so that created problems with overcrowding. Hayek asked if Shelter Scattered Site Housing Taskforce Minutes March 28, 2005 Page 8 House believes the residency preference would have the same detrimental effects as the local preference. Copeland said she couldn't speak to that. Canganelli said she is the Executive Director of Shelter House and a member of Housing Trust Fund Board. A residency preference will have no productive end result, and creates a notion of intent to exclude people. The State Council on Homelessness has been consistent in their interpretation of who a resident is, that being presence and intent to stay. Canganelli added that, in regards to general objective 1, the location of Shelter House has not been resolved. Litigation is still pending on that case. Hayek said he understood that the City had agreed that Shelter House could locate in tract 18. Canganelli said that decision and the organization's ability to go further with the project are separate things. Canganelli continued by saying she agreed that there are no teeth in the recommendations for inclusionary zoning and development in under represented areas. Additional evaluation of the services is also necessary. There has been a large growth in service jobs, and development has not kept pace with the demand for affordable housing for that economic group. She said she hopes the Taskforce members will continue to follow the issue and actively participate in the future leadership of this effort. Correia asked for confirmation that the Taskforce formed because of a letter the School District sent to the City Council. Hayek said it would be fair to say that event is what triggered creation of the Taskforce, but that it is also fair to say that there had already been discussion on the City level in 2003 as well. Correia asked if the School District has evaluated attendance area boundaries, and offered some suggestions on changing school populations. Copper said she is a Self-Sufficiency Coordinator with the ICHA. She asked if there were detailed recommendations for steps the City should take in specific objective 7, or if the Taskforce members know what the City has done already. She recommended that specific objective 7'be changed to say the City should take "more" steps, or acknowledge what the City has already done. Copper outlined some of the activities that the City has undertaken to increase home ownership. She said they have approached it on two levels, both with clients and with lenders. Her office presented to the lenders in 2002-2003, beginning with a group presentation. She and Briggs have also met individually with lender representatives, and have consistently had bank representatives on their coordinating board. Copper continued by outlining their activities for clients, which include a Personal Economic Planning Workshop, ISU Extension presenters, and numerous other workshops about personal credit. She explained that their family self-sufficiency program participants are invited to these activities, and information is also disseminated about the workshops to MECCA, UAY, and other agencies that serve Iow-income families. They have also had presentations by area lenders and realtors. Copper said the path to home ownership is not just about a policy encouraging home ownership and getting as many people into homes as possible. Families first need to have assistance to get into stable homes, in order to pursue employment and take care of their families, or pursue education. The family self-sufficiency program is a five-year program that involves an escrow savings account. It is designed to encourage asset-building and increased earnings. After five years, the families graduate, access their savings, and either move into home ownership or pursue other goals such as education. Copper said that in five years, 35 families have graduated from the program and moved to home ownership. That is only the escrow program, and not the three other home ownership programs coordinated by ICHA. She said she is curious whether the Taskforce had any additional suggestions. Hayek said the City did present, and the Taskforce was aware that there are programs in place, but it is the Taskforce's position that the City needs to do more. Anciaux asked if local lenders are cooperating with home ownership efforts. Briggs said that local lenders have been excellent, but that the large national lenders do not offer as many opportunities. The local lenders seem to understand and support the City's programs. Although the national lenders have been contacted about finding out more about their current programs, they have not produced information. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 9 Anciaux asked what percentage of the program graduates moved to home ownership. Copper said there have been 100 graduates, 82 have left housing, and 35 have moved to home ownership. Anciaux asked if there is a 100 percent graduation rate. Copper said yes, and noted that while it is good to support home ownership, families need to have the stability of affordable housing before they can move on to ownership. Anthony said that Johnson County has the highest housing prices in the entire state. Johnson County also has the lowest homeowner rate in the state. Including all the CDBG and HOME funds, the amount spent on housing has resulted in 1150 units over 30 years, which is about 38 units per year. To really make housing affordable, a lot of local support for housing has to be gathered, and the Council has to see this as a policy priority. Although developers and others might be against such a policy, construction of affordable housing is a large generator of the local economy. I[ has one of the largest income-multiplier effects among many industries. Franklin Roosevelt created the secondary mortgage market in order to lift the economy out of the depression, which increased home ownership from 40% to 60-70% today. Briggs said that 20 families have become homeowners through the purchase of public housing units. The Section 8 home ownership program that has been in existence for two years has had 14 sales. Proceeds from sales of public housing are used towards the development of new affordable home ownership opportunities, which have resulted in 9 sales. Anciaux asked Anthony if the Iow home ownership numbers were due to the high number of students. Anthony said they were not necessarily included, and that compared to other communities with similar demographics, Iowa City is still worse off. The Public Hearing portion of the meeting ended at 8:35 p.m. OTHER BUSINESS Approval of the February 28, 2005 Minutes Severa~ edits and revisions were submitted for the Minutes. MOTION: A motion was made by Anciaux, seconded by Stutsman, to approve the February 28, 2005 Minutes as amended. The motion carried unanimously. Next Meeting Next meeting scheduled for April 4, 2005 at 4:15 p.m., location to be announced. Hayek distributed hard copy of comments on the recommendations, from someone unable to attend the public hearing. ADJOURNMENT: There being no other business to come before the Taskforce, Stutsman moved to adjourn, Anciaux seconded the motion, and the meeting was adjourned at 8:45 p.m. Scattered Site Housing Taskforce Minutes March 28, 2005 Page 10 Scattered Site Housing Taskforce Attendance Record 2005 01/03 01/24 01/31 02/14 02/28 03/28 04/04 04/25 D. Anciaux X O/E X X X X J. Anthony X X X X X X D. Clausen X X O/E X X X M. Hayek X X X X X X J. Left X X X O/E X X J. Peterson X X X X X X S. Stutsman X X O/E O/E O/E X VandenBerg X X X X X X Key: X = Present 0 = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member IP21 MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE MARCH 31, 2005 CITY HALL, LOBBY CONFERENCE ROOM Members Present: Ernie Lehman, Bob Elliot, Regenia Bailey Members Absent: NONE Staff Present: Steve Nasby Others Present: Tom Walz CALL MEETING TO ORDER Chairperson Lehman called the meeting to order at 10:30 a.m. APPROVAL OF MINUTES Bailey moved to approve the March 17, 2005 minutes as submitted. Elliott seconded. Motion passed 3-0. DISCUSSION OF REQUEST FOR CDBG ASSISTANCE - EXTEND THE DREAM FOUNDATION Nasby noted that the Council Economic Development Committee had discussed this proposal previously at the March 17 meeting. He said that the Housing and Community Development Committee (HCDC) had met on March 17 and making the following recommendations to the City Council regarding funding for the Extend the Dream project: Economic Development portion of the project $88,000 Housing portion of the project $75,000 Nasby said that these funding recommendations by. HCDC would go to the City Council as part of the FY06 Annual Action Plan that will be considered for approval on May 3. He added that the proposed project by Extend the Dream Foundation was asking for a total of $245,000 from HCDC and had been recommended for a total of $163,000. Elliott asked what was the remaining funding gap. Lehman asked if Walz had looked at other funding options. Walz said that he had talked to a private lender about financing the balance of the project at 1% interest for 30 years. He said that Extend the Dream would prefer not to have a large loan on the project because debt service would consume the small amount of cash flow the project may produce and he was hoping the project could be self-sustaining or generate a little income. Watz said that Extend the Dream has already done fundraising for this building and their main efforts were directed towards the production of a video. Walz said that about $20,000 was to go to the renovation of the 912 2nd Avenue building. Lehman said that Bailey had discussed this as an economic development and public service project at the last meeting. Bailey replied that was correct and she is interested in funding the project in some amount. Lehman and Elliott agreed that the Committee's intent was to fund the project. Lehman asked if Bailey had an amount in mind. Bailey said she could do $34,000. Lehman said that Extend the Dream had asked for a Conditional Occupancy Loan for these funds and he was comfortable with that request. He also suggested that any funding received from HCDC, through the City Council, could also be a Conditional Occupancy Loan. MOTION: Elliott moved that Extend the Dream be allocated $34,000 from the CDBG Economic Development Fund in the form of a Conditional Occupancy Loan and that the Committee recommend that any other federal funds for the project also be in the form of a Conditional Occupancy Loan. Bailey seconded. Motion passed 3- 0. Lehman thanked Walz for his efforts and wished him well with the new project. Bailey and Elliott concurred. MOTION: Bailey moved to adjourn. Elliott seconded. Motion passed 3-0. Minutes submitted by Steve Nasby Council Economic Development Committee Attendance Record 2005 Term Name Expires 02/01 02/17 3/17 3131 00/00 00/00 00/00 Regenia Bailey 01/02/08 x x x x Bob Elliott 01/02/08 x x x x Ernest Lehman . 01/02/06 x x x x Key: X = Present 0 = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member IP22 MINUTES SCATTERED SITE HOUSING TASKFORCE APRIL 4, 2005 SENIOR CENTER, ASSEMBLY ROOM MEMBERS PRESENT: Don Anciaux, Jerry Anthony, Darlene Clausen, Matthew Hayek, Jan Left, Jan Peterson, Sally Stutsman, Joan Vandenberg STAFF PRESENT: Steve Nasby, Steve Rackis OTHERS PRESENT: Maryann Dennis, Charles Eastham, Tracy Glaesemann, Luke Pelz, Patti Santangelo, Amanda Cline, Alexis Kluklenski CALL TO ORDER: Chairperson Hayek called the hearing to order at 4:25 pm. DISCUSSION OF DRAFT RECOMMENDATIONS FROM TASKFORCE TO CITY COUNCIL Hayek said that the Taskforce gathered a lot of information from the public hearing, written contributions from the community, and the two recent public forums. Vandenberg asked if the minutes from the FAIR meeting were posted anywhere. Hayek said he was unsure whether minutes were taken at that meeting. Hayek suggested going through the draft recommendations one by one, and discussing the feedback and any possible edits. He asked if there were comments or suggestions for editing general objective 1. Clausen said that there was a suggestion at the public for a change to general objective 2, which she agreed with. The suggestion from Johnson with the Johnson County Housing Trust Fund was to recommend Iowa City "increase" the commitment to affordable housing, and adopt a scattered site policy "while increasing" such housing. Peterson said those suggested changes would apply to both general objectives 1 and 2. She noted the word "maintain" was a common point of concern expressed at the hearing. Peterson asked if there were any concerns with those changes. Anciaux said that the City is not required to provide any assisted housing. The objectives should say to maintain the commitment and increase the supply if possible; otherwise the entire document will say "increase" numerous times. The Taskforce should not try to force Council to increase its commitment if the money is not available. Anthony arrived. Hayek summarized the discussion to this point for Anthony, and noted the suggested edit on the table. Vandenberg suggested saying "increase" in general objective 1 while taking out the final clause in objective 2, so that it only is about scattering assisted housing. Anciaux said he recommended leaving the statement as "maintain." Clausen said that if it says to maintain, there is no expectation for change. Peterson said it would acknowledge the current commitment, but then asks for increased opportunities in objective 2. Anciaux said increasing opportunities could be through zoning, working with lending institutions, and other means. Peterson asked whether the change to objective 2 should be "while increasing." Anciaux agreed, noting that while it would be welcome for the commitment to increase that decision should be left to Council. Vandenberg says objective 1 acknowledges current activities and efforts, which is important. Anthony said he is concerned with leaving the statement as "maintain." He asked staff for confirmation of what the current commitment is, in monetary terms. He said his understanding is that the City contributes no own-source funds for assisted housing. He said CDBG funds are from the federal government and those funds are not competitive, so the City receives them every year. Anciaux said the City does not have to put CDBG funds into assisted housing and can use it for other things. Anthony disagreed, noting the City must use the funds for housing projects, or it would either not receive the funds or would face litigation from HUD. Nasby clarified that CDBG funds can be used for non-housing activities, but it is correct that all HOME funds must be used for housing. Anthony asked Scattered Site Housing Taskforce Minutes April 4, 2005 Page 2 what the break down in CDBG and HOME funds were for the upcoming fiscal year. Nasby said the entitlement amounts from HUD were about $760,000 in CDBG funds and $677,000 in HOME funds. Nasby said the City does provide some general funds for housing currently in the amount of $200,000 per year for housing rehabilitation costs for the Targeted Area Rehabilitation Program (TARP). Families who make up to 110 percent of median income can use this funding, but a number of the clients have been Iow-moderate income. However, it is not only for households that would be considered Iow-moderate income. He added that $670,000 has also been put into the Greater Iowa City Housing Fellowship's peninsula project in partnership with the Iowa City Housing Authority. These funds were in the form of a general obligation bond. Anthony confirmed that except for the general obligation bond, which is a one-time event, the $200,000 amounts were annual numbers. He said that by comparison, there was a $14 million bond issue for the School District in 2004. Nasby noted that bond for the school was issued by the Iowa City Community School District, not the City. Anthony asked for confirmation that the people of Iowa City are supporting the School District. Stutsman said the school district is not supported through City taxes. Anciaux said school funding is derived from property taxes and State income tax. Anthony asked for confirmation of what the citizens of Iowa City provide for assisted housing. Nasby said that currently $200,000 has been provided for the housing rehabilitation program, and that amount is projected for the next several years. Anthony pointed out that amount was in contrast to $1.4 million from the federal government in CDBG and HOME funds. Anthony suggested that the City does not provide substantive support for assisted housing, since most funding comes from outside sources, such as CDBG and HOME funds. Using the word "maintain" would indicate the City should continue to provide $200,000, even though one of the largest problems in the City is the lack of availability of affordable housing. Anciaux asked if CDBG funds could be used for non-housing projects. Anthony said those funds could only be used to benefit lower-income families. Nasby confirmed the funds are provided for activities that serve people at 0 - 80 percent median income. Anthony said those funds could not be used to build a new City Hall, for example, though they could be used to build a childcare facility that benefits families at 0 - 80 percent median income. Nasby agreed. Anciaux asked if there is a mandate for the City to provide public, assisted, or affordable housing. Stutsman said the City has some flexibility on where the funding is used, with the stipulation that it benefits 0 - 80 percent median income people. Anciaux asked if there was a mandate to provide anything else. Anthony said there is no mandate to provide assistance above what is provided by federal programs. Anciaux asked if Anthony had a dollar figure that should be expected above what is already available. Anthony said no, but he has a general assessment of the current needs. He said his concern was with the commitment to affordable or assisted housing only being maintained. Hayek noted that the recommendations as currently written keep those two categories separate, asking for the commitment to assisted housing be maintained, while increasing availability of affordable housing. For purposes of discussion, the separate categories should be kept in mind. Anthony said this is an opportunity to suggest something substantive for the community, since clearly the biggest need is for affordable housing, either assisted or not assisted. He said there should be a strong commitment to that goal. Clausen said she agrees with Anthony, and that since these are the general policy recommendations, she would like to begin up front by saying the expectation is for more commitment from the City. All the other objectives exp!ain how it should be done. Peterson asked for confirmation that the change to general objective 2 would be to say, "while increasing" supply. She noted that if objective 1 were changed to "increase," both statements would call for an increase. She said she does understand Anthony's point, however. Stutsman said it comes down to the definition of commitment. To her, "commitment" means a policy commitment, and usually if a policy commitment is made, the dollars need to go with it. Clausen suggested changing the statement to say, "strengthen." Stutsman agreed that noting something positive in those statements, as recognizing and acknowledging the City's current efforts, would be beneficial. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 3 Hayek asked for opinions about Clausen's suggested edit. Peterson said that using "strengthen" still implies the current activity is not adequate. Consensus has not been reached whether to say that right at the beginning of the document. She noted also that there are no other recommendations for the City to put additional funds into this, so there are no other places to suggest an increase funding. Vandenberg agreed that one of the common concerns at the hearing was what a scattered policy would cost more, which perhaps should be addressed. Hayek said the Taskforce was asked present an opinion to the Council on what the City should do. He said he sees a distinction between what the City should do, versus what it can or decides it is willing to do. What the City decides to do is not for the Taskforce to determine. Peterson said the question then comes back to where the teeth are in the recommendations. Hayek said if the City implements some of the recommendations that require additional dollars and the funding does not materialize, the City could be criticized in five years. Peterson noted that specific objective 3 does call for additional funding above CDBG and HOME funds. Stutsman suggested saying, "continue its commitment." Anthony said that is the same as "maintain." Anciaux noted that the recommendations would say "increase" a lot, but he is willing to withdraw his suggestion. Hayek said that in the specific objectives, it is one thing to spend additional resources to achieve scattered housing without reducing the current supply, and another thing to scatter housing while also allocating additional resources to increase the available supply. Both of those are valid and distinct approaches. Vandenberg said that from the perspective of implementation, having multiple statements asking for an increase might lead to the recommendations not being taken seriously. Anciaux said that saying increase in both statements is fine, but he would like the Taskforce to be aware of the potential problems with funding. Anthony agreed with Vandenberg regarding the point on implementation, and suggested being more specific about what to do and how. This would show that the Taskforce really thought about the recommendations, and including specifics might increase the likelihood of the policy being implemented. Stutsman agreed that giving specifics would be helpful. At the same time, she asked what the role of the Taskforce is versus the roles of staff and policymakers. She said it might not be a good use of time for the Taskforce to spell out specifics if in fact the Council does not adopt the policy. Peterson said it would be easy for Council to say that the objectives are good ideas, but not implement them because the Taskforce did not make at least some attempt at figuring out if the policy is feasible. Anthony said all the recommendations are ones that staff could have made, but the deliberations on this matter were given to the Taskforce instead. If the Taskforce does not make the most of the opportunity, nothing is going to happen. Clausen said that Council would have to appoint another Taskforce to create an implementation plan, in order to use the recommendations. Hayek said it would be presumptuous for the Taskforce to tell the Council how to implement the recommendations and where the funds should come from. Stutsman agreed that the process typically followed is that a general recommendation is made, and then it is up to the Council and staff to decide how the policies will be implemented. Vandenberg asked staff what the expectations are for how far the Taskforce should go towards implementation. Nasby said the Taskforce appears to have strayed from its original charge regarding the recommendations of additional funding. The Taskforce could probably focus on the question of where to put additional assisted housing given the existing funding. Anciaux noted that a scattered policy would cost more because housing would not be in the less expensive areas. Nasby agreed that the recommendation for funding is reasonable in light of the discussion related to scattering. Hayek said the Taskforce was asked to look at possible policies regarding the future distribution, location, and types of assisted housing. Within that, discussion of additional costs involved with scattered site distribution is reasonable. Peterson asked if any recourse is available if the Council does not adopt the policies as planned or if they do not work as planned, and scattered site housing takes place without additional resources maintaining the current supply. Hayek said there some suggestions built into the recommendations. However, if the Scattered Site Housing Taskforce Minutes April 4, 2005 Page 4 supply decreases, it would be a Council issue. Peterson noted that the concern often expressed at the hearing was that good intentions could lead to bad results. Rackis said that one thing to consider regarding the question of how Council will look at the recommendations, is that the only Council decision regarding assisted housing to date has been against locating assisted housing in a particular area. Part of the rationale was the statement that the School District had identified a concentration of assisted housing south of Highway 6. While funding for the proposal that the Council turned down was still identified from IFA, and the development proceeded, an identified concentration was still used to support the Council decision. Stutsman asked for confirmation that this decision was made before the Taskforce had formulated their recommendations. Rackis said yes, the Council decision was in November 2004. Dennis said that decision was made after the City had allocated HOME funds to purchase the land. Hayek said the Taskforce has a couple of opportunities to emphasize that the Taskforce does not want the result of reducing or limiting assisted housing, one of which will be in the narrative that will accompany the recommendations. He said the Taskforce should limit itself to a succinct list of recommendations, and the Council will need to decide whether to implement them, and how. Stutsman said the Taskforce's recommendations need to be based on investigation and discussion, not on a guess about how the Council will react. Hayek asked if general objective 1 should be left as written or changed to either "increase" or "strengthen." All Taskforce members present agreed with the change to "strengthen." Peterson asked for confirmation that general objective 2 should be changed to "while increasing." Hayek said that change would also affect specific objective 4. Clausen pointed out that many things might change, so those should be dealt with after the general objectives are considered. All Taskforce members present agreed with the change to "while increasing." Regarding specific objective 1, Clausen said the main point of the statement, expressed in the third sentence, should be put at the beginning of the objective. Peterson agreed that would strengthen the statement. Hayek said a Shelter House representative asked to remove the statement that the question of where the new facility would be located was resolved. He suggested deleting it. Nasby asked what is meant by "make available" as stated in the objective, whether that means land should be zoned, purchased by the City, or something else. Hayek said it might include using available public space. Vandenberg said a different sort creative deal could be arranged as well. Stutsman said using the word "land" means to her that the City should buy the land and build the shelter. She suggested changing the word to resources. Anciaux said he preferred using "land." Hayek said that the biggest obstacle the organization faced was obtaining land. Anthony agreed that the organization was able to obtain funding, but not land. Peterson said the statement should make it clear that the assumption is that Shelter House will be locating in tract 18. Anciaux said if the lawsuit results in the Shelter House not locating in tract 18, then the City should provide an area where it can go. Peterson said that view is contradictory to the statement that the objective is not intended to impact where the new facility will go. She suggested adding the word "negatively" before impact. Stutsman suggested editing it to say, "supports the current proposed plan" to put the new facility in tract 18. Anciaux said no, he does not support putting any more emergency housing in tract 18. He said the statement about Shelter House should be left as it is stated. Peterson summarized the changes, including rearrangement of the sentences and omitting the statement that the question on the location of the new facility had been resolved. All Taskforce members present agreed. Anciaux recommended deleting specific objective 2. All Taskforce members present agreed. Vandenberg asked if there is a way to decrease demand for assisted housing. Anciaux suggested making sure local residents are knowledgeable about the available programs. Unless the family is involved in social service, Scattered Site Housing Taskforce Minutes April 4, 2005 Page 5 they might not know about the programs. He said a statement to the effect that local residents should be informed about available programs should be included with specific objective 7. Rackis said while the number of people on the waiting list is somewhat indicative of demand it is not entirely accurate. People on the waiting list do not always update their information, so they are dropped from the list when applications are processed. Also, not all people on the list lease a unit with the program. He agreed that it never hurts to continue outreach in the community. Anciaux said that some local people might not bother to apply if the waiting list is very long. Rackis said that applicants from out of town are usually the ones to move on, but local residents usually do apply even if the waiting list is long. Hayek asked if Anciaux and Vandenberg were looking for specific recommendations in terms of outreach efforts. Anciaux said it seems staff does a good job with outreach. Peterson said her concern is that a residency preference singles out one group that cannot get housing, while there are many other groups that have trouble as well, for example, the people who are recruited to come to Iowa City for jobs. She agreed that it is important to keep the demand in mind and all the other factors that affect it while considering the recommendations, to make sure they address the issues. Anthony said that less assisted housing would be needed if there were more affordable housing available generally. An alternate proposal could be for a living wage standard. Also, it would be helpful for tt-ie new housing supply being built by local homebuilders was not aimed at the $250,000 and over market for single-family homes. Anciaux asked if a developer makes more money from a $300,000 house or three $100,000 houses. Anthony said it is his understanding that the money or profit is the same. It is a trend for most developers to pitch housing towards the higher income groups as less time is involved in managing construction. Vandenberg said one person spoke of a full statistical analysis of the housing stock. Nasby said the Maxfield Research group conducted one in 1998. Anciaux asked for confirmation that the housing stock had been increasing since then. Peterson said there is a lot of housing going up, but much of it is in the higher price brackets. Vandenberg said there is not much housing under $200,000 available. Hayek noted that Left supported deleting specific objective 2. Regarding specific objective 3, Clausen said that transportation was noted as an important issue, if housing is scattered throughout the City. Perhaps the objective should also recommend commitment of resources to other services. Stutsman said it is not practical to take public transportation to numerous different points in town, to childcare and a job for instance. Anciaux said one aim could be to have the babysitter and job nearby. Not everything has to require a bus ride. Vandenberg said the edit begs the question of what types of services are needed, as related to the type of assisted housing. Some families have transportation, so only need housing assistance. Stutsman said those with high needs should be close to services, while others have fewer needs. Clausen said the letter suggested proactively searching out and mapping sites suited for affordable housing. If that was available, then people could take the individual circumstances of assisted housing sites into account. Anciaux noted that as soon as land is zoned, the price increases, so it would be beneficial to identify those sites and acquire them before the prices go up. Anthony suggested having zoning that is more accommodating to Iow-density multi-family housing, such as duplexes and townhomes. Right now the Comprehensive Plan says that multi-family housing would be used as transitions between commercial space and single-family housing. So all of the multi-family housing is concentrated near the commercial sites, one of biggest of which is the K-Mart area. Zoning classifications is driving that development. Vandenberg said that some feedback given is there is a real mismatch already of where people live versus where they work. So it seems like taking the transportation and job opportunities into account could be beneficial. Stutsman asked if the objective should say anything about childcare in those areas. Clausen said childcare is a service, and the objective is looking at all services. Hayek suggested addressing transportation and service issues in objective 8. Number 3 is long, and a statement about those issues might be overlooked. Vandenberg said it could also be its own objective. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 6 Vandenberg suggested evaluating the alternative fair share matrix submitted by Eastham at the hearing. She asked what benchmark was used to determine whether housing should be encouraged or discouraged in certain areas. Eastham said that the benchmark was the average plus 10 percent, and evaluated what areas were higher or lower than that number. He said that some judgment was exercised in the evaluation. He also noted that the numbers of housing units in the block groups is inaccurate, as they are based on 2000 census data. Additionally, there is higher potential for development in tracts 4, 105, 1 and 18 in the near future. Vandenberg said she does not have a specific recommendation, but would like to open the issue of an alternate matrix for discussion. Her concern is with the potential for limiting development in areas such as tract 105. Anthony agreed that the matrix should be revisited because, of the six block groups where additional assisted housing is not recommended, four of them have significant development potential. Of the remaining 24 block groups, development is only possible in four. So the recommendation to scatter all over the City really means only scattering into four block groups. Peterson said considering how much time and effort has been put into the Taskforce's deliberations already, it makes sense not to hurry forward without all the necessary consideration. Anthony suggested re-evaluating the matrix, in light of the public comments and additional data. Hayek said that the approach to the matrix had been that it could be recalculated in the future, in consideration of areas with future development. So increases in market-rate housing would change the numbers on the matrix, which would in turn support different areas for assisted housing over time. Anthony agreed the potential for change is still in the matrix, but with the existing numbers, new housing is possible only in four block groups out of 24: 1.1, 1.2, 5.2, 14.3. Of the seven under represented areas, only four have growth potential. Peterson asked about tract 105. Anthony said that tract is identified as over represented. Peterson asked if information is available about which of the seven block groups identified as over represented have the greatest development potential. Hayek said that information might be in the packets. Nasby said the map showing the platted lots could not be reduced in size and still be readable, though he did bring the large map to a previous meeting. Clausen agreed with the suggestion to revisit the matrix, regarding specific objective 3. Peterson asked for confirmation that the discussion is not about what the objective says, but instead about what matrix it is based on. Hayek agreed. Anciaux suggested leaving the matrix as is, but noting that the numbers are skewed in relation to tracts 4 and 105 because of the relatively Iow number of overall units. Stutsman asked if that could be part of the narrative. Hayek said that if the matrix comes with a list of qualifications and loopholes that need to be explained, it becomes meaningless. Also, if several qualifications to the matrix are put into a narrative, those qualifications will likely be lost. He said the objectives need to be based on something without loopholes, which is also clear. Vandenberg asked if areas with potential could be evaluated and listed as an increased preference. She also noted she is still wary of putting more assisted housing in tract 18. Hayek noted that tract 18 has potential for growth, and a change in opinion about the matrix will lead to opening development in 18. Vandenberg asked if there was any disagreement that there is a problem in tract 18. Anciaux said 18.2 has a problem, but 18.1 does not. He is pleased with the current development in the area, though he does not know exactly what their price range is for those new units. Dennis said a concern is that the City or the Housing Fellowship could not go into tract 18 and build single-family homes in Sandhill Estates, for example, which might help the neighborhood. Rackis said there was also a suggestion at the hearing for more Iow density housing, such as zero-lot, duplexes, and row houses. Anciaux said there are townhomes in Sandhill Estates. Eastham noted that Sandhill is in block 18.2. Anthony asked if the City uses CDBG funds to pay some city employee salaries. Nasby said only in his division. Stutsman asked what the Taskforce wants to say in this objective, and where it should go from there. Peterson said they were trying to come up with some sort of matrix that is not so restrictive. Stutsman Scattered Site Housing Taskforce Minutes April 4, 2005 Page 7 asked if the Taskforce wants to adopt the alternate matrix submitted by Eastham. Anthony said it would be very helpful if staff could create a map that shows the tracts and block groups, the areas where development has occurred, and the areas where development is possible. Hayek said it has been done, but not distributed individually. Peterson asked if it would be harder to make it understandable and explain how the matrix was arrived at if the Taskforce adopts the alternate one. Anthony said as long as the information is available graphically on a map, it would be easy to explain. Vandenberg said some of the over represented block groups have no real potential for development. Anthony said that is the case for three of them. Vandenberg confirmed those areas are 21.2, 16.2, and 14.2, while 4.1, 105.1, and 18.1 are areas with great potential for development. An¢iaux asked how many Housing Fellowship units are in 18.2. Eastham said approximately 12. Hayek asked if the concern with the current matrix is that it impacts areas with potential growth, or if it is something else. Vandenberg said that committing additional resources to 105.1 and 4.1 would be good, because those are areas that she thinks could handle more assisted housing. She asked if a compromise would be to have gradations of preference rather than a "yes/no" designation. Hayek said Nasby put together a gradation chart that was in the packets a couple of months ago, with areas that are highly incented, moderately incented, or not incented. Hayek noted that the Taskforce is not going to come up with a different matrix during this meeting, and first the problems with the current matrix need to be identified in order to solve them. Peterson said her problem is the unintended consequences of blocking off areas that could have more assisted or affordable housing developed, resulting in reduced stock of assisted housing. She said if the Taskforce recommends scattering into areas that cannot be developed, then the result will be reduced stock of assisted housing. So the recommendations should take into consideration not just the matrix data but also where growth is possible. Hayek confirmed that the concern is with cutting off funding in areas where there is potential future growth. Clausen added that by cutting off funding, it would reduce the amount of assisted housing. Hayek asked if there are any additional concerns. Rackis noted that the assisted housing numbers the Taskforce is using includes units that have not yet been built, which is being compared to 2000 census data for all other existing housing. More current housing information could be gathered by evaluating the certificates of occupancy issued since 2000, and adding those to the data for the matrix. Hayek confirmed that what Rackis is saying is that the denominator in the calculation is data from 1999, while the numerator is data from 2005. Rackis agreed. Anciaux noted that preliminary plats have been done for many units that are not included in the data, though they won't have building permits associated with them yet. He asked if the number of platted units could be included, which could adjust the data to allow more assisted housing in 18.2. Nasby said platted land may not necessarily be developed for some time so its impact is indeterminable. Anciaux said that assisted housing could also be located in platted land, rather than opening the block group to more assisted housing in less optimal locations. Dennis asked why plats should not be included if the goal is to determine areas of potential development for affordable housing. Nasby said that since the actual development of an area is unknown (assisted or non-assisted units), platted lots should not be used in the equation. Opening up an area might result in a heavy concentration of assisted housing, or none being located there, as such there are too many unknowns for undeveloped lots to be included. Stutsman suggested sending the question about the matrix to subcommittee and table the discussion. Hayek agreed, and asked if objective 4 should also be tabled. The Taskforce members agreed. No edits were suggested for specific objective 5. Regarding objective 6, Clausen suggested including a recommendation to proactively search out and map sites that are needed. Hayek asked if it would be a map for potential rental sites. Clausen said for affordable housing in general. Vandenberg said all the elements including the map, the matrix, and Scattered Site Housing Taskforce Minutes April 4, 2005 Page 8 perhaps a preference for housing close to jobs and transportation, should be tied together. Anthony said that once the information is mapped, the picture would be clearer. Vandenberg said that tying things together might make it all more concrete. Nasby asked Anciaux to discuss the district planning process, as an attempt to look at areas that are already developed, areas that have potential for development, and what types of land uses will go into them. Anciaux said in the new development code RS-8 has deviated from the original designation of single-family residential in cases where people build duplexes for rental. Hopefully more single-family residential housing will be located in RS-8, with duplexes on the corners. As far as district planning goes, he does not have that information at hand. Hayek noted that Franklin suggested saying almost all rental housing was confined to a limited number of block groups, and that the statement should say "most." He asked if the Taskforce agreed with that edit. The Taskforce members present agreed to the edit. Regarding specific objective 7, Stutsman suggested adding the word "additional." Anthony suggested changing it to "significant additional." Clausen asked what number would be significant, and how much more is expected. Hayek said he is more comfortable with just adding "additional." Rackis noted that the objectives should not over reach. The issue with home ownership is the sustainability of ownership, which requires steady income from employment. Giving a specific target number might mean there are more families with obtaining ownership, but also more families going bankrupt. Peterson asked what the Taskforce wants the City to be doing that is not already being done. Anciaux said the City should take steps to increase sustainable home ownership among Iow-income populations by reaching out to people not represented in outreach programs. Anthony said he liked the first part of the statement that talks about sustainable home ownership. Peterson said she did not mean that the objective should be changed, but was asking a question for her own clarification. Vandenberg said the program sounds very successful, but the question is whether more can be done. Anthony asked for confirmation that the family self-sufficiency program is not a City program. Rackis confirmed it is a federal program, dealing most often with families who either have a voucher or live in public housing. Anciaux said he would like to reach people who are not involved in the voucher program or public housing, or do not have access to someone who can tell them about the available programs. He would like to see some program to educate people about the opportunities available, such as through lending institutions for first-time buyers. Dennis suggested changing the objective to read "low and moderate income." Stutsman said she is hesitant about spelling out specific steps to take. The City Council needs to direct staff to investigate possible steps based on current programs and resources. Peterson said she was not advocating making specific suggestions, but was asking for clarification for her own information. What Copper listed at the hearing sounded very good and effective. Anthony noted that program is federal too. Anciaux said the City does not need to duplicate an existing program, and he is concerned that there are people who would benefit from the program who do not know about it. Santangelo said that information about available programs has been brought up at the Local Homeless Coordinating Board, and that information has gone out to all the agencies. Anthony said that though a bank might offer 147 different lending programs, it is limited on how much it can lend based on income. Land and housing in Iowa City is just too expensive for many people. Hayek said one of the trends within the private banking industry has been to work on bringing Iow- and moderate-income families to home ownership. However, there has understandably been more success at the higher end of the income spectrum than the lower. Hayek said he agrees with editing the statement to include "additional" or "sustainable." Vandenberg said she would like to add, "moderate." Taskforce members present agreed with those changes. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 9 Regarding specific objective 8, Peterson said this objective should be emphasized. Clausen agreed that housing cannot be expanded without ensuring access to community service providers. Peterson asked if transportation would be included in this statement, whether City services are separate from community service providers and human social services. Vandenberg suggested adding the word "comprehensive" the statement. Peterson said her concern with the statement as currently written is that it sounds like this is just a non- profit organization problem, rather than a private-public partnership. Stutsman suggested making an additional objective, because community service providers are different from city services. The City does not supply human services, though it does provide funding for them. Perhaps city services should be discussed separately. Peterson asked how services provided through the schools should then be categorized. She said she sees it as a comprehensive private-public partnership to ensure that adequate supports are available and the needs are met. Clausen suggested that if the objective discusses comprehensive services, it should be moved higher up on the list. Peterson said the Taskforce wants to encourage creative public-private partnerships to ensure that the necessary support systems are available throughout the community. Stutsman asked if this objective could be number 2. Anthony suggested rethinking the order of all of the objectives after they are done. Hayek asked for confirmation on the language for the statement. Anthony asked for clarification of what "imbalances" should be avoided, whether they are financial, spatial, or something else. Peterson said that agencies are overwhelmed, and while they are usually designed to meet one need, families come in with multiple needs. Anthony confirmed that the concern is financial. Peterson said the concept behind the objective is that the City should pay attention to making sure there are adequate supports. Hayek said one question that might be asked is how money should be allocated if the City provided a sum of money to be used for both housing and services. He asked if the emphasis should be on housing or services, if one would be reduced in favor of funding another. Anciaux suggested adding other sources to the statement, including the state and the federal government. Peterson suggested talking about creative partnerships that potentially would be alternate sources of funding. By having realtors, developers, bankers, the transportation department, non-profits, and schools get together to discuss the issues at hand, solutions for ways to provide support for families might be created. She noted also that the discussion should not be only about funding. Hayek said it would be beneficial to discuss things other than dollars, because if all the objectives involve money, they are not likely to get very far. Peterson said she does not mean only money. Partnerships are imperative to begin addressing the underlying factors that are creating the problem. Otherwise a solution will never be found. Stutsman asked if the statement should be "creative public-private partnerships need to be established to ensure that the needs of the assisted housing population are met." Vandenberg suggested "The City should work collaboratively with other private and public partners to develop comprehensive support services to address the non-housing needs throughout the community." Rackis agreed that the statement should include something about a comprehensive public-private partnership approach. Peterson said it should not be limited to people in assisted housing but also support people who have moved out of assisted housing but are still at risk. She said here needs to be an accessible network of supports for families. Stutsman said Vandenberg is on the right track regarding the language of the objective. Hayek suggested tabling the discussion on objective 8, and sending it back to subcommittee for reworking. The Taskforce members agreed. Regarding specific objective 9, Clausen said one suggestion from the hearing was to remove the word "carrot." Peterson noted another suggestion was to change "appropriate." Hayek said the suggestion was to change "appropriate" to "effective" or "evidence-based." Peterson suggested using "incentive" instead of "carrot." Scattered Site Housing Taskforce Minutes April 4, 2005 Page 10 Vandenberg suggested changing it to "hold harmless." Hayek said that term can be confusing, and explained that it has to do with helping developers who engage in inclusionary zoning avoid losses. Peterson suggested changing the statement to, "The policy should provide effective incentives for developers to include a percentage of affordable housing." Hayek agreed that "hold harmless" and "evidence-based" are not necessary. Peterson suggested changing "provide" to "offer." Santangelo asked if the areas where more assisted housing will not encouraged would have inclusionary zoning. Hayek said the Taskforce Js talking about affordable housing, rather than assisted. Vandenberg said she was considering the moderate-income affordable aspect, so the two are not in conflict. Peterson agreed. Hayek asked if there were other suggested changes. No changes were offered, and the 'Faskforce members present agreed to the ones listed. Regarding specific objective 10, Peterson said there was a question about the perils at the hearing. Clausen said that generally the statement is not clear about whom the campaign should be reach. Anciaux said it should not be for people to learn what programs are available, but to educate the general public who is afraid of this type of housing coming into their neighborhoods. Clausen asked if this would be a fact sheet that would be distributed. Vandenberg suggested having a media partner do a story to dispel some myths, similar to the series on No Child Left Behind in the newspaper. Peterson said she thinks of it more broadly, how crucial it is to every segment of the community, and to educate people about the impact of not having adequate affordable housing. This supports number 8, to encourage continuing conversations about the issues, because this affects everyone in the community. The campaign would not necessarily dwell on the scary things, but instead look at things like the impact on employers when employees cannot find an affordable place to live or find decent childcare. It is a way to educate the community about the importance of affordable housing, and the degree to which housing and development decisions must involve all segments of the community. Clausen asked if the clause about the perils should be removed. Peterson said maybe, and instead focus on the positive impacts of assisted housing. Talking about perils gives it a different slant. Hayek noted that the Taskforce does see perils with concentration. Peterson agreed, and added that the rest of the sentence is very good, ut peris s d~stract~ng. Clausen suggested using "im "' pact ~nstead. Hayek suggested changing the order of the clauses. Stutsman agreed with using "impact" instead of "peril." The Taskforce members present agreed with that change. Regarding specific objective 11, Anciaux said 11 and 8 should be combined. Peterson said 11 is crucial. Vandenberg said that if inclusionary zoning is being considered, Coralville and North Liberty need to be included in the discussion. This goes beyond service and into the housing policy. Stutsman suggested removing "local" as being redundant. Hayek added that this is also part of the education process. The Taskforce members present agreed with the change to remove "local." Regarding specific objective 12, Clausen noted that the City already expect the owners and managers to keep up their properties. The housing inspection services looks at occupancy rates and other issues. She suggested instead that the City needs to enforce its expectations. Stutsman asked who determines what is appropriate. Clausen said there are things Housing and Inspection Services are not able to address because of lack of staffing. Enforcement of current expectations would be effective. Anciaux said that the statement should reaffirm that a lot of the nuisance complaints with Section 8 or Iow-income housing is due primarily to the perception that those tenants cause problems, when in fact they are not the problem. Vandenberg said the general problem is poor management that is not diligent enough to fix problems. Peterson asked what power the City has to address that. Anciaux said it can revoke rental permits. Rackis said the process is complaint-driven right now, and a police officer has to issue the criminal Scattered Site Housing Taskforce Minutes April 4, 2005 Page 11 complaint before housing inspection services moves in to take action. So the police officer on the scene has discretion on whether to issue a nuisance ordinance or criminal complaint. Peterson asked if the current system is a matter of City policy. Rackis said yes. Peterson said that since the City already expects this and it is not happening, how does the Taskforce encourage it to happen. Nasby said one way might be through stricter enforcement. Peterson asked if the policies themselves need to be changed. Clausen said they were just changed. Rackis agreed that the nuisance ordinance is only a year old. Peterson said she means changes to the process rather than the ordinance. Rackis said that each individual police officer has discretion on whether to issue a criminal complaint, so enforcement varies. He suggested changing the statement to expect owners and managers of "all housing to adequately manage their facilities, and to continue to enforce." Anciaux suggested "strictly enforce." Peterson said what is wanted is something more than what is happening now. Dennis noted that the judges are not City employees, so it is very difficult for landlords to evict people for unauthorized residency, even if the unauthorized resident signs for the certified letter. That is an issue with the judges, though, not the City. Rackis said that in many cases the landlords do net cooperate with the City. Peterson said the Taskforce would like to write something that would start to work towards addressing all those issues. Dennis said the new ordinance came out of the NeighborhQod Housing Relations Taskforce, which was a process very similar to the Scattered Site Taskforce. The new ordinance has not been in place very long, and exception might be taken to the suggestion that the City needs to do more. Vandenberg suggested saying the Taskforce wants to support the efforts of the previous group. Peterson asked for confirmation that what Dennis is saying is that what the other Taskforce created is good but has not been in place long enough. Dennis agreed. Peterson asked if there is anything the Scattered Site Taskforce can say that can help it get enforced. Stutsman said it is fine to say the Taskforce supports the efforts of the Neighborhood Housing Relations Taskforce. Hayek noted by saying that, the Scattered Site Taskforce members are supporting something that they have never read. Anciaux said he thinks the statement is fine as written. Clausen said it should not say "should" because those standards are already expected. Anthony suggested saying the City should do more. Anciaux said the statement is effective as it is, because it is simply that not having effective management gives assisted housing a bad reputation. Clausen said that she does not see why that statement would be a recommendation, since the expectation is already in place. Hayek said that the intent was to reference the importance of effective rental management, without spelling out what it constitutes. Peterson said it is an important statement to include. Clausen asked if "should" could be removed. Anthony suggested removing the first sentence. Stutsman asked why "should" should be deleted. Clausen said it is because the expectation is already there. Hayek suggested, "As part of the implementation of these policies, the City's vigorous enforcement of rental housing regulations is critical." That would not say to do it or change it, but emphasize that enforcement is part of the solution. Peterson agreed with "vigorous enforcement." Clausen agreed with Hayek's suggested statement. Stutsman suggested changing "such" to "rental." Anciaux suggested changing it to "assisted." Hayek noted there are unassisted large multi-family complexes that are poorly managed and associated with assisted housing. Peterson agreed that happens all the time. Peterson confirmed that the edited statement would be "Much public opposition to assisted housing results from deficient maintenance and management of non-assisted tenant populations." Hayek said that strong management is desired for both. Anthony said that is captured in the first sentence, which talks about all rental housing. Nasby suggested changing the last sentence to monitoring "all housing." The Taskforce members present agreed with the changes. Scattered Site Housing Taskforce Minutes April 4, 2005 Page 12 Regarding specific objective 13, no edits were suggested. Regarding specific objective 14, Clausen suggested removing the first clause and saying, "The City should conduct a comprehensive review." The Taskforce members present agreed with the edit. Hayek noted that a point raised at the hearing was to ensure that the policies do not impact the ability to maintain and rehabilitate existing housing. He suggested bringing that up in the context of the matrix. Vandenberg confirmed ,that she and Anthony would be discussing the matrix before the next meeting. Peterson suggested making a note to discuss the rehab issue at the next meeting. Hayek said he would create a bullet point for that. Anciaux asked which objectives were not finalized. Hayek said specific objectives 3, 4, and 8. Vandenberg said she would work on 8. Peterson added that the order should be discussed. Anciaux said 8 and 11 should be combined. Peterson said they lose impact that way. Vandenberg left at this point. Next meeting set for April 25 at 4:30 p.m., location to be determined. Anthony noted that the City Attorney's office submitted an opinion prior to the public hearing, which was a public document but the Taskforce did not receive it before the hearing. Clausen asked what the date on the document was. Anthony said March 16. Nasby noted that the packets for the hearing were mailed by March 17, to give as much notice as possible before the hearing. The packets were done already, and the memo did not get routed in time. Hayek said that the Taskforce did not discuss Johnson's additional memo about a comprehensive housing summit, which was submitted after the hearing on March 31. He distributed copies of the document and suggested talking about it at the next meeting. ADJOURNMENT: There being no other business to come before the Taskforce, the meeting was adjourned at 6:50 p.m. s:lpcd/minuteslScatteredSiteHousingTaskforce/2OOS/O4-O4-O5sshtf.doc Scattered Site Housing Taskforce Attendance Record 2005 01/03 01/24 01/31 02/14 02/28 03/28 04/04 04/25 D. Anciaux X O/E X X X X X J. Anthony X X X X X X X D. Clausen × X O/E X X X M. Hayek × X X X X X X J. Left X X X O/E X X X J. Peterson X X X X X X S. Stutsman × X O/E O/E O/E X X VandenBerg X X X X X X X Key: X = Present 0 = Absent 0/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES PLANNING AND ZONING COMMISSION APRIL 7, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Beth Koppes, Don Anciaux, Bob Brooks, Dean Shannon MEMBERS ABSENT: Jerry Hansen STAFF PRESENT: Bob Miklo, John Yapp, Sunil Terdalkar, Mitch Behr OTHERS PRESENT: Garry Klein, Randy Hartwig, Gary Saunders, Steve Kohli, Evelyn Fry, Jay Honohan, Ed Peirson, Robert Cronch, Bob Wilson RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 5-0, REZ05-00002/SUB05-00005, rezoning from Interim Development Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone (10.92-acres) and Medium Density Single-Family Residential (RS-8) zone (18.34-acres) subject to 1 ) A CZA agreement which specifies cost sharing for Sycamore Street improvements 2) Outlot A stormwater management facility being built with Phase 1 3) An easement created to facilitate a sanitary sewer being extended to Sandhill Estates 4) Staff approval of the final landscaping plan to include large variety of evergreen trees. Legal papers for the final plat specifying that any fencing will be on the inside (west side) of the row of landscaping. and a preliminary plat of Brookwood Pointe, an approximate 29.26-acre, 106-1ot residential subdivision located west of Sycamore Street, south of Wetherby Drive, north of Dickenson Lane. Recommended approval, by a vote of 5-0, SUB05-00001, a final plat of J JR Davis Second Addition, a 14.76-acre four-lot commercial subdivision located east of Mormon Trek Boulevard, south of Highway subject to staff approval of legal papers and construction plans prior to Council consideration. Recommended approval, by a vote of 5-0, SUB05-00002, a final plat of J JR Davis Third Addition, a 5.05- acre, two-lot commercial subdivision subject to staff approval of legal papers and construction plans prior to Council consideration. Recommended approval, by a vote of 5-0, SUB05-00007, a preliminary and final plat of Ashton Place, an approximately 2.62-acre two-lot residential subdivision located at 39 Normandy Drive and 820 West Park Road subject to Staff approval of legal papers prior to Council consideration. CALL TQ QRDER: Brooks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Garry Klein, 628 Second Avenue, requested to make comments on the new zoning code. Anciaux asked Klein if he had attended any of the public workshops on the proposed revisions to the Code to present his commentary. Klein had not. Brooks and Miklo said there would be public hearings regarding proposed revisions to the Code scheduled for the end of April and during May at which time commentary specifically on the Code would be received. Behr said at this time the Commission and Staff would not be able to respond to any inquiries/commentary. Klein said once he heard a presentation he needed time to think it over before speaking and wished to provide 'food for thought' for the pubic hearings. Klein said in the new Code a lot of thought had gone into residential planning. With respect to the commercial codes there were limitations as to minimum size of land use for retail, but there were no maximums listed. He wondered if that would be of interest to consider. Planning and Zoning Commission Minutes April 7, 2005 Page 2 Brooks said there were forms available for public input and comment on anything in the proposed Code. It was important that all input be documented. He requested that Klein complete a commentary input form and turn it in to the Planning and Community Development office. REZONING/COMPREHENSIVE PLAN ITEM: Consider setting a.public hearing for April 21, 2005 on an amendment to the Comprehensive Plan to amend the South Central District Plan to change the future land use map designation and plan text to change the Aviation Commerce Park designation from Intensive Commercial to Retail / Community Commercial. Yapp said Staff were requesting the Commission to set a public hearing for 4/21/05. Motion: Anciaux made a motion to set a public hearing for 4/21/05 on an amendment to the Comprehensive Plan to amend the South Central District Plan to change the future land use map designation and plan text to change the Aviation Commerce Park designation from Intensive Commercial to Retail / Community Commercial. Koppes seconded the motion. The motion passed on a vote of 5-0. REZ05-00004, discussion of an application submitted by the City of Iowa City for a rezoning of approximately 54-acres from Public Intensive Commercial (P/CI-1) zone to Community Commercial (CC- 2) zone for property located on Ruppert Road. (45- day limitation: 4/24/05) Yapp said this property, know as the Aviation Commerce Park, had been zoned to Intensive Commercial and subdivided approximately 5-years ago. The property was subdivided as commercial property in order for lots to be leased with the proceeds to help support airport operations. Since that rezoning and subdivision, none of the lots had been leased or subdivided. The general Comprehensive Plan, adopted in 1997, identified this property as general commercial property. The South Central District Plan (SCDP) identified it as intensive commercial property with the intent that lots would be leased for businesses somehow related to airport operations or symbiotic with the airport. Because the SCDP was so specific, it was Staff's recommendation that the SCDP map be amended. With the proposed change to Community Commercial, a more retail oriented zoning designation, the property had the potential to attract more vehicular and pedestrian traffic. The prompting for the rezoning was that a large retailer had proposed to purchase part of the property from the City. The retailer had agreed to realign Ruppert Road at their own cost, to install left turn-lane improvement at the Ruppert Road and Highway 1 intersection which would be signalized and to provide $100,000 for any other off-site improvements such as pedestrian facilities or possible signalization of the Ruppert Road - Riverside Drive intersection. Iowa City Transit provided access to the Highway 1 corridor including Westport Plaza. A transit route with bus-stops currently used the north segment of Ruppert Road. The Transit Manager had indicated that it would be possible to re-route the bus along Ruppert Road if there was significant retail traffic in that area. The SCDP noted that pedestrian walkways were non existent in that area. If the rezoning was approved for retail development, one of the conditions that staff recommended was to add pedestrian signals to the Ruppert Road / Highway 1 intersection as well as pedestrian connections to any and all commercial properties in this property. The SCDP also recommended that landscaping be upgraded as part of any retail development. Because development of Aviation Commerce Park for retail would have an impact on traffic flow and potentially effect redevelopment potential on adjacent properties, Staff recommended that a landscaping plan be submitted with any development plans. With any areas not taken up by building or required parking be landscaped and attention be paid to the landscaping of those properties. The Airport Commission had some control over these properties and had recommended approval of the City selling a portion of this to a retail developer. At the request of the Commission, Randy Hartwig of the Airport Commission was in attendance to answer questions. The City had initiated the rezoning to Community Commercial in order to facilitate the sale of the land. Because the SCDP map identified this Planning and Zoning Commission Minutes April 7, 2005 Page 3 property as intensive commercial, Staff recommended that the map be changed. If this property were to be rezoned to Community Commercial, Yapp said Staff recommended: 1) Sidewalks to be installed on Ruppert Road from Hwy 1 south to a sidewalk system in Aviation Commerce Park, including pedestrian crosswalks and pedestrian signals at the Ruppert Road / Highway 1 intersection. 2) Pedestrian walkways be provided between the principal buildings on each lot and the public sidewalk system, to be identified and reviewed as part of the site plan review process for each lot. 3) A landscaping plan be required as part of the site plan review process, showing how parking areas, loading docks, outdoor storage, dumpsters are screened from view, and the landscaping of other areas of the site not taken up by required paving or building areas. 4) The preliminary plat indicating necessary improvements to the Ruppert Road / Hwy 1 intersection and the Ruppert Road / Riverside Drive intersection. Brooks said at the informal Commission work session the question had been raised about how the Airport Commission viewed the change in zoning and any change in development in this area as it related to the future of the airport. He invited the Airport Commission to address this question. Randy Hartwi.q, Airport Commission representative, said they'd discussed this issue at their March meeting. They had all agreed with the idea of rezoning the rest of the Aviation Commerce Park to Community Commercial. The Commission was encouraged by the prospects of additional sales due to the rezoning. Hartwig said, speaking personally, he felt it was an appropriate use of the property as well. Public discussion was opened. Brooks reminded the members of the audience that the Planning and Zoning Commission was discussing the land use, not the land user. They were looking at the appropriateness of the zoning change for this entire tract. Gary Sanders, asked since the related public hearing was scheduled for 4/21/05, did the Commission anticipate voting that evening? Brooks said the Commission could decide to vote. Sanders asked what date would it then go to City Council? Brooks said usually the following week or two. Sanders said if the Council had to set a date for the public hearing for the rezoning and then have two subsequent meetings, it would take three City Council meetings after the 21st of April. On the third one we can anticipate them passing this. Sanders asked if all the discussion from the informal meeting that he had attended on 4/4/05 would be available from the City in written form, if he was interested in going back and looking at the record from the work session. He felt the Commission raised some good questions at that meeting. Miklo said minutes from the informal meetings would be ready in approximately one week. Sanders said if a property were zoned at the moment retail commercial and a retailer wanted to make it Intensive Commercial to allow a certain kind of business, would the City or Commission then be allowed to consider the user. Would it be germane? Yapp said often when a zoning was proposed what users would be located on the property was unknown. There was a lot of commercially zoned land that the property owner tried to rent or sell it for what ever uses that would be allowed in that zone. Miklo said the Commission generally tried to look at the use not the particular user because the property could always be sold to another user. Sanders said if for example a company such as the Lion's Den wished to build a rather large adult book store, it would have to be zoned Intensive Commercial. Was that correct? Yapp said he believed that was the only zone that an adult business would be allowed in. Planning and Zoning Commission Minutes April 7, 2005 Page 4 Sanders said he wished that the Commission would consider the following 'What If" scenario. 'What If' it leaked out that the Lion's Den, the largest purveyor of pornography in the Midwest, had a desire to use a certain property in Iowa City near an interstate to build the largest pornography palace in the Midwest and they simply had to ask the Commission to change the zoning from Community Commercial to Intensive Commercial. Would the Commission then consider it in their preview to consider the user and not just the use? Sanders said he hoped to get an answer on 4/21/05. He felt the user was germane. Sanders asked Behr to verify that it was correct that the Commission was under no legal obligation to not consider the user, just as there was no force of law in what their recommendation to the Council would be. Behr said that was correct. Sanders repeated that there was nothing in law that said they could not consider the user as well as the use. Behr said the City Code set forth the parameters in the area in which the Commission was to make their decisions and their recommendations. Those parameters were land use and not user. Behr said what ever direction this rezoning was going in, he would tell the Commissioners the same thing that he had told them Monday evening, it was the use and not the user. Also, Chairperson Brooks would tell the audience the same thing, no matter which direction the rezoning was going. Freerks said she felt what it came down to often was that they could discuss it but the Commission could not say that it had anything to do with their decision. It really was about the use of the land. Sanders said to think about the Lion's Den. Maybe someday I will invite them here, if that is all we can do. If we can not consider the user. He thanked the Commission for their time and indicated he'd be back on 4/21/05. Garry Klein, 628 Second Avenue, said it was his understanding that Intensive Commercial zoning could be used for warehouse and freight movement and that Community Commercial could not be used for those purposes. He said in this case, he felt they needed to consider the user. One of the main ways of doing business for this particular user was a lot of fleet trucking, day in and day out, many trucks every day, warehousing within their very large structure. Klein said he wondered with this particular case, because of the way the structure would be used, that the user would be germane to think about now and on 4/21/05. Klein said he had previously brought up about minimum and maximum use. He was optimistic that the new Code would go through. In looking at the draft copy of the new Code, the Community Commercial minimum lot requirements were 2700- and 2500- square feet for a building. The proposed building was to be 214,000-square feet. On the 22-acre lot being discussed basically a building the size of 11 regulation sized football fields and the parking that went around it was being discussed. Klein said his question was one of maximum use and what was missing from the picture here was an ability to make a decision that took that into account. Land was becoming a scarcer quantity in Johnson County. If they'd been following any of a number of other discussions such as the affordable housing issues, Klein said he felt this land could have been used for subsidized housing as an example. Klein said those were the items he encouraged the Commission to think about until 4/21/05. Public discussion was closed. Motion: Anciaux made a motion to defer REZ05-0000,~, an application submitted by the City of Iowa City for a rezoning of approximately 54-acres from Public Intensive Commercial (P/CI-1) zone to Community Commercial (CC-2) zone for property located on Ruppert Road to 4/21/05. Freerks seconded the motion. The motion passed on a vote of 5-0. REZONING/SUBDIVISION ITEMS: REZ05-00002/SUB05-00005, discussion of an application submitted by Steve Kohli for a rezoning from Interim Development Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone and Medium Density Single-Family Residential (RS-8) zone and a preliminary plat of Planning and Zoning Commission Minutes April 7, 2005 Page 5 Brookwood Pointe, a 29.2-acre, 106-1ot residential subdivision located west of Sycamore Street, south of Wetherby Drive, and north of Dickenson Lane. (45-day limitation: 4/15/05) Terdalkar said this land was currently zoned as ID-RS Interim Development Residential. In the South District Plan it had been identified as appropriate for Iow to medium density residential development. The requested rezoning was for both RS-5, Low Density Single Family Residential, and for RS-8, Medium Density Single Family residential zoning. The land currently had major access from south Sycamore Street and was also connected by Russell Drive to the neighborhood streets. Improvements to Sycamore Street were funded in FY'09 of the Capital Improvements Plan. The subdivision application was for 106-lots, 39 lots in RS-5 and 67 lots in RS-8 zone. The subdivision would be served apart from the Sycamore Street and Russell Drive by the new streets Ashland Court, Covered Wagon Drive, Vesti Lane and Terrapin Court. A trail way would be developed as part of the subdivision which would connect Wetherby Park and Sycamore Greenway. Issues considered in analyzing the subdivision and re-zoning were double-fronted lots on Sycamore Street; landscaping to create a buffer along Sycamore Street and drainage issues. Terdalkar said Staff recommended approval of REZ05-00002/SUB05-00005, as it was in general compliance with the Comprehensive Plan with the three conditions listed in the 4/7/05 staff report and a fourth condition identified at the 4/4/05 informal meeting. [Payment for landscaping along Sycamore Street; at the time of development - landscaping and fencing addressed in the final plat legal papers; any fencing must be on the inside (west) side of the landscaping along Sycamore Street]. Miklo said the Commission had also requested that additional larger species of evergreen trees such as white pines be used in the buffer in the rear yards of those properties. It was Staff's understanding that the applicant was working on that but Staff did not have a revised landscaping plan. If that was a concern to the Commission, they could recommend approval subject to Staff approval of the landscaping plan or they could defer this to the next meeting so that the Commission itself could review the plan. Koppes asked if there would be a direct connection to Wetherby Park. Terdalkar said Covered Wagon Drive would have a trailway going along the south boundary of Wetherby Park. Public discussion was opened. Steve Kohli, applicant, said Staff had provided a complete report, he had nothing to add. They were working on the additional trees and would provide what ever was needed. Kohli said these things were outside of ordinances and codes. The ordinances and codes existed to protect both sides. Applicants/developers knew what they were getting into and Staff/Commission knew what they were getting into. In this particular case, Kohli said he really didn't have a problem with planting trees. They'd discussed it with Staff before they'd started. They'd done some other subdivision further to the south and had taken that onto themselves. Kohli said it just started going in the wrong direction to require things outside of Code. That was his only Caveat but their landscape architect was working on it. Miklo said in the Code was a general prohibition against double-fronting lots in the Subdivision Regulations. The Comprehensive Plan discussed that if the Commission was going to approve something that was undesirable because it resulted in backyards without privacy or long fences along the streets, that there should be some type of landscaping or buffering. Although it was not directly spelled out in the Code, it was certainly referred to in the Comprehensive Plan and subdivision code. The other option would be to not approve this particular design that resulted in double fronting lots. Brooks said he didn't think that the Commission had had major concerns with that, just with the size of the plants. Public discussion was closed. Motion: Freerks made a motion to approve REZ05-00002/SUB05-00005, a rezoning from Interim Development Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone and Medium Density Single-Family Residential (RS-8) zone and a preliminary plat of Brookwood Pointe, a 29.2-acre, 106-1ot residential subdivision subject to the four conditions as noted in Staff's presentation and with Staff's approval of the landscaping plan. Shannon seconded the motion. Planning and Zoning Commission Minutes April 7, 2005 Page 6 Freerks said she didn't see a problem with this. She saw the trees as a give and take. The City allowed double fronting lots provided that they are landscaped to provide the future residents with a buffer from the arterial street. In the Code many items were not spelled out specifically which allowed for some give and take. She felt it would be a good development. Brooks said with respect to the landscaping issues, at Monday's informal meeting the Commission had discussed that the plant material needed to be on the east side of any fence that was installed so that the landscaping would be on the public side of the fence. Miklo said that was noted on the plat. If the large evergreens were added, they would need to be on the west side of the fence, but the hedge would be on the east side of any fence to make the public view from Sycamore Street more attractive. The motion passed on a vote of 5-0. REZ004-00017/SUB04-00017, discussion of an application submitted by Third street Partners for a rezoning from Low Density Single-Family Residential (RS-5) zone to Planned Development Housing Overlay - Low Density Single-Family Residential (OPDH-5) zone and a preliminary plat of Village Green, Part XXIII and XXIV, a 76-1ot residential subdivision (38 single-family lots and 38 attached zero-lot line lots) on 25.67-acres of property located on Wintergreen Drive. Miklo said this item had been on several previous agendas and reviewed by the Commission. The area had an underlying zone of RS-5 single-family which allowed lots of 8,000-square feet provided that they were 60-feet wide. In 1993 an overlay zone had been approved which allowed the eastern area (of the development) to be developed with zero-lot lines, single family-houses that are joined at the lot line. The applicant had proposed to revise the approved 1993 plan. Miklo indicated on an overhead site plan which lots were proposed to be standard RS-5 single family sized lots instead of zero-lot line lots, a difference from what the Commission had reviewed in January, 2005. They would be 8,000-square feet in area and 60-feet in width. This change would be in conformance with the underlying RS-5 zone. The lots on the western part of the development would also be standard RS-5 lots. Miklo indicated on the site plan where the zero-lot line lots were proposed to be located. They would be approximately 2,500-square feet to approximately 4,000-square feet. The lots would be fairly narrow, approximately 27- to 35-feet in width and served by an alley in the back. Staff felt the alley allowed for some reduction in lot width in that the driveways, concrete and curb-cuts would be in the back of the units allowing for an unpaved front-yard. The applicant was still requesting to reduce the front yard to 7-feet as opposed to the standard 20-feet. Miklo said comparing the proposed plan to the 1993 approved plan, the zero-lot lines were removed from the eastern area but additional units added to the center area. There would be 12 more units than approved with the 1993 plan. Miklo said Staff recommended approval of the proposed changes however the conditions that were of concern in the January 2005 application were noted on the plan and remained a concern. Those conditions included that landscaping must be planted prior to any occupancy permits being issued. Freerks asked Miklo to discuss in further detail the 7-foot front yard and the parking width. Miklo indicated on the site map where parking on one side of the street, between the sidewalk and the street would be 12-foot wide, and on the other side of the street it would only be 6-foot wide. Miklo said the Public Works department had not signed off on the drainage plan or the grading plan yet. If the Commission voted to approve the application, it would need to be subject to Staff approval of those plans. Public discussion was opened. Evelyn Frey, 1855 Sterling Court, said if there was not an approved plan for drainage, it was her request that the Commission hold off until they had something that was approved because it was one of the huge issues for this area. When there was a heavy rainfall, their circle drive filled up several feet deep with Planning and Zoning Commission Minutes April 7, 2005 Page 7 water and became "Lake Sterling." Frey said she's spoken before the Commission previously, the biggest issue with the plan was the center area which still had way too many units planned for that area. Frey said she'd hoped that they would have seen some type of change from the developer. The design had not changed much/any and it was way too many units for that particular area. Jay Honohan, 1510 Somerset Lane, said hewas there on behalf of himself as a property owner in the neighborhood. Honohan said it was his understanding that some of his neighbors had submitted e-mails to Miklo regarding this application. He requested that those e-mails become part of the record. Miklo said the e-mails had been received and would be entered into the record. Honohan said several members of the Wellington Condominiums had expressed concern to him. He had just been informed three days ago regarding the issues with this proposed development. His concern was the density, it was more dense than the Comprehensive Plan of 1993 indicated. He felt they should stick with the plan. Honohan said they were quite concerned with the traffic flow from this development. Vehicles would exit onto Village Road, travel down Wayne Avenue and go out on Dover Street. Wayne and Dover Streets were not collector streets. Unfortunately they had become collector streets because of their location. With the proposed 104 units it had the potential to add 150 more vehicle trips per day. The residents along Village Road were very concerned about the traffic. Sooner or later there would be the desire to have a stop-light at Wellington and Village Road. Another concern was the drainage. They didn't know where the drainage would go in this particular area. Honohan said some of the teachers at Lucas School had expressed a concern about what would be added to their particular school district if this application were approved as it stood now. The populations of the schools was something to be concerned about when discussing 104 units of residential. Freerks asked Staff to address the density issue raised by Honohan. Miklo said the Comprehensive Plan in this general area called for two to eight dwelling units per acre. The proposed development would be more dense than the planned development housing overlay zone that had been approved in 1993 but that should be distinguished from the Comprehensive Plan. The overall development would be approximately 4 units per acre because it included the large storm-water retention basin and would fall within the density of the Comprehensive Plan. Certain areas might be more dense but overall it stayed within the density of the Comprehensive Plan. Miklo said 76 actual units were proposed not 104. The applicant had not started the numbering of lots at number one. It would be 12 more units than approved in 1993 and six less than the Commission had reviewed in January, 2005. Miklo said Sterling Drive and Wintergreen Drive would be connected so traffic would be more dispersed in that area rather than all the traffic being forced back through Sterling Drive. The 12 additional units would produce anywhere from seven to 10 additional trips per day, at an estimated maximum 120 vehicle trips per day from the proposed additional units compared to the 1993 plan. Staff felt in the scope of a neighborhood of this size, they did not feel that the traffic trips per day would be significant. Anciaux asked if Staff ever foresaw the need for a traffic light in this area. Miklo said Staff had not studied the need for a traffic light at Scott Blvd and/or the streets that enter to Village Green so he could not give an indication one way or the other. Ed Pierson, 2054 Hannah Jo Court, asked if the 12-foot was from the center of the street or the curb line. Miklo said from the curb line. Pierson asked if the two water retention units shown on the proposed site plan which currently did not exist, would they be installed? Miklo said that was correct. A trail was planned to go through the southern easement area and connect to the other side of the stormwater facility. Miklo said with respect to stormwater management, Public Works Department had approved conceptual plans. The area would drain toward the existing basin and toward a proposed basin. The concept had been approved but the detailed calculations had not been done or approved yet. Brooks said from earlier public input there had seemed to be a problem with backyard drainage on Stealing Court. He asked if Public Works was confident that that problem would be corrected. Miklo said there would be two drainage easements added as well as drainage over the street and through the stormwater system on the street which would improve the situation. Planning and Zoning Commission Minutes April 7, 2005 Page 8 Robert Crouch, 42 Pond View Court, asked if a tree line was shown on the southern section of the development. Miklo said that was correct, they were proposed to be white pines and indicated on the site map where the tree line was to run on the western to eastern boundaries. Crouch asked when the trees would be planted. Miklo said before any certificate of occupancy for any dwelling in this development could be issued, the landscaping would need to be in place. Crouch said he'd spoken before about the large manufacturing building to the south of the proposed sub- division across the railroad tracks which had roof top units and north wall vents that created a lot of noise. He asked Staff if the developer had indicated that he was concerned about the noise and/or had suggested a solution or proposal to deaden the sound in that area. Staff had heard from the developer during discussions that they shared that concern and that was one of the reasons they would plant the evergreens. Staff didn't know if it would solve the problem. Steve Nasby, the City's Economic Development Coordinator had worked with ALPLA on economic development projects and was aware of the issue. He said Nasby had taken some sound measures in the area and found that they did not exceed federal guidelines for a residential area. He'd spoken to some of the neighbors regarding it, Staff had advised that there be a meeting set up with the neighborhood and factory representatives but he didn't know the status of the proposed meeting. Crouch said he'd like to be involved as he'd been in building maintenance for a number of years. A possible solution for the roof top units could be a noise barrier around the units on the south and west part of the roof; buffers could be placed on the side vents that would direct the noise in a different direction. Miklo said Staff had suggested to the neighbors who'd contacted !hem, to contact Steve Nasby to request that the meeting be set up. The more neighbors involved the more likely they were to get results. Brooks said from the previous plan, he did not remember the note that was on the current plan regarding an 8-foot high berm with 8-foot wood fence and white pines along the south property line. That would be 16-feet high with white pines which could eventually become 40- to 50-feet tall. It looked like the developer was attempting to address some of the visual and sound issues, however sound was a very difficult thing to work with. Brooks said the Commission could make the recommendation as well that the meeting between the manufacturing plant and the neighborhood be set-up. Bob Wilson, 1828 Sterling Court, said he was concerned about the alley, the density and the zero-lot lines in the middle of the development. He was concerned as to how the alley would be maintained and felt it could become a blighted area. Wilson said with respect to the single-family lots around the edge, was there a certain value housing proposed to be built on those lots. Miklo said that was something that the City did not regulate, they regulated lot size. The area would be zoned similar to those on Sterling Court. These lots were the minimum for an RS-5 zoning, it was what the ordinance required and there was no way the City could require a larger lot size. Unidentified speaker, asked how could the stormwater retention area be included in the calculations for units per acre when it would not be usable for homes or housing. She said the berm would have an impact on stormwater flow. When the plan had been put out initially, there had been a berm at the back end which had blocked the flow of water and kept the water in the backyards of persons along Sterling Court. Miklo said 1993 OPDH plan for this property was the first time that stormwater area was allowed to be used for density in an OPDH. Staff had recommended against stormwater area being used or housing being transferred from the stormwater area to the housing development. At that time, the Commission had overruled Staff. It was up to the Commission on a case-by-case basis whether they wished to give credit for an area in a planned development or not. A planned development allowed the clustering of units in a small area but it did not obligate the City to approve the clustering. Miklo said the berm would be along the railroad tracks. The speaker said she was aware of that but currently there was a very fiat ditch along the railroad tracks. Persons could walk down from the tracks right on to a person's property. She felt the berm would create more of a ditch. Brooks asked Staff to direct Public Works to look at the impact the berm would have the drainage problem. Planning and Zoning Commission Minutes April 7, 2005 Page 9 Pierson said he didn't realize that the berm situation and the fence would be a part of this development. He asked if the fence would be the length of the tree line. Miklo said it had been added with the latest plan, the length of the fence was not clear on the plan. Pierson said he'd encourage the Commission to make the length of the fence be the same as the length of the evergreen row that Miklo had indicated earlier. Pierson asked once the fence was installed, whose responsibility would it be to maintain it. Miklo said the individual lot owners would be responsible for the fence that abutted their properties. A homeowner's association would be responsible for snow removal and maintenance of the alley. Public discussion was closed. Motion: Koppes made a motion to defer REZ004-00017/SUB04-00017, a rezoning from Low Density Single-Family Residential (RS-5) zone to Planned Development Housing Overlay - Low Density Single- Family Residential (OPDH-5) zone and a preliminary plat of Village Green, Part XXIII and XXIV, a 76-1ot residential subdivision on 25.67-acres of property located on Wintergreen Drive. Shannon seconded the motion. Koppes said she'd prefer to defer until the Commission had more information about the berm, the fence and where the fence would end. Brooks said he'd like to recommend that the homeowner's association be responsible for the fence so that there would be continuity in the maintenance of the fence. The fence would benefit not only the residents of this subdivision but the adjoining areas so it should be the responsibility of the homeowners' association to maintain it. He'd like there to be some assurance that the fence would be properly maintained. Miklo said Staff would discuss that with the applicant. It would be a reasonable conditional requirement of the OPDH, especially for the areas where the fence abutted residential properties. Freerks said there~would have to be access to the properties. Sometimes people did things to their properties such as adding another garden. She could see where that type of condition could be problematic. Miklo said hopefully by the time the fence needed repair(s) the evergreens would be grown. Miklo said for CZA or OPDH conditions there needed to be some connection to the zoning at hand. An argument could be made because more housing was being added adjacent to an industrial area that some buffer should be provided for the additional housing. Miklo said at their informal meeting the Commission had discussed the design of the individual zero lot lines. Did they wish to give any direction to the applicant on that issue? Brooks said his feeling was that the Commission had given the applicant/developer direction several different times and they had not heeded it. It would be up to the Commission. The motion passed on a vote of 5-0. Motion: Anciaux made a motion to accept correspondence. Freerks seconded the motion. The motion passed on a vote of 5-0. SUBDIVISION ITEMS: SUB05-00001, discussion of an application submitted by James Davis for a final plat of J JR Davis Second Addition, a 14.76-acre, four-lot commercial subdivision located east of Mormon Trek Boulevard, south of Highway 1. (45 day limitation: 4/24/05) Yapp said this was a final plat for property on the east side of Mormon Trek Boulevard. It was in conformance with the preliminary plat. This plat included the four western commercial lots. Grace Drive was proposed to partially extend into the property with a temporary turn-around. Lot 4 would have access from Eagle View Drive. At this time the applicant was not pursuing extending Grace Drive all the way to Dane Road in order explore possible use of public property for extension of that road. Planning and Zoning Commission Minutes April 7, 2005 Page 10 Staff had previously recommended that the Federal Aviation Administration be required to approve the Grace Drive alignment. At this time since Grace Drive would not extend onto airport property, Staff did not feel that FAA approval should be required with this subdivision. Dane Road bordered the east side of this subdivision. Staff recommended that Dane Road not be required to be reconstructed until the property to the east annexed into the City and was also proposed for development. The plat noted that lots 1, 3, and 4 would not be permitted to have direct access to Mormon Trek Boulevard, which was consistent with the City's Access Control policies for arterial streets. Yapp said Staff recommended approval subject to Staff approval of construction plans and legal papers prior to consideration by City Council. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to approve SUB05-00001 subject to Staff approval of legal papers and construction drawings prior to Council consideration. Koppes seconded the motion. The motion passed on a vote of 5-0. SUB05-00002, discussion of an application submitted by James Davis for a final plat of J JR Davis Third Addition, a 5.05-acre, two-lot commercial subdivision located on the east side of Mormon Trek Boulevard, north of its intersection with Dane Road. (45-day limitation: 4/24/05) Yapp said the Third Edition was in general conformance with the preliminary plat. On the preliminary plan, lot one had two lots, the applicant had since proposed one larger lot. Eagle View would be reconstructed to city standards. The plat included access restrictions for direct access to Mormon Trek Blvd. Lot two was to access Mormon Trek Blvd at a previously approved access point, opposite the Dane Road / Mormon Trek intersection. Staff recommended approval subject to Staff approval of legal papers and construction plans prior to consideration by Council. Public discussion was opened. There was none. Public discussion was closed. Motion: Shannon made a motion to approve SUB05-00002 subject to Staff approval of legal papers and construction drawings prior to Council consideration. Anciaux seconded the motion. The motion passed on a vote of 5-0. SUB05-0000~, discussion of an application submitted by Casey Mahon for a preliminary and final plat of Ashton Place, a 2.6-acre, two-lot residential subdivision located at 39 Normandy Drive and 820 West Park Road. (45-day limitation: 5/1/05) Terdalkar said the subdivision would facilitate access to the Iowa River from this property and would not create any new parcels. Because there was no development proposed at this point, Staff felt that the sensitive areas along the river would not be effected by this subdivision. They were in receipt of revised drawings, all deficiencies and discrepancies had been resolved. Staff recommended approval subject to Staff approval of the legal papers prior to Council consideration. Brooks asked what were the 10-foot walking easements noted on the drawing. Miklo said they had been added to the most recent plat, Staff had not had discussions with the applicant regarding them. Yapp said it appeared that they provided access to the river. Motion: Anciaux made a motion to approve SUB05-00007, subject to Staff approval of the legal papers prior to Council consideration. Shannon seconded the motion. Shannon said it was his understanding that most of this area was in the flood plain. When you canoed up and down the Iowa River, much of the area was pretty rugged (unkempt). He hoped that the applicant had plans to do something with the land besides letting huge weeds grow up; it would be for the betterment of the community. The motion passed on a vote of 5-0. Planning and Zoning Commission Minutes April 7, 2005 Page 11 OTHER ITEMS: Miklo said City Council had discussed the Davis subdivision. The conditions that they were pursuing were slightly different than those that the Commission had recommended. Staff requested the Commission's direction as to if they wished to meet with the Council to discuss the changes or not. Council was pursuing: · The developer not pay any money for Kitty Lee Road north of a commercial driveway · 80%/20% funding for the traffic signal. · Council had asked Staff to come up w/design criteria for the next Council meeting and not leave it open to discretion. · if sidewalks are constructed within the next 10 years, the property owners would be waiving their right to oppose a special assessment. Anciaux said his feeling was that the Commission didn't have a handle on the finances of the City or what was economically feasible, the Council was in a better position to determine that. If Council felt it was fair, he would go along with Council's judgment. Freerks said except for Kitty Lee Road, it was somewhat splitting hairs. Koppes said she preferred not to have this come it back before them; it was getting into small details which she preferred the Council to review and decide upon. Shannon said he preferred not to quibble. Yapp inquired if the Commission wished Staff to prepare more information on design criteria for big box retail development based on discussions at Monday's informal meeting. Brooks requested more information on design standards to minimize the big box effect. Freerks said she'd done a review on-line, there was a huge difference in what you saw in terms of big box. in Iowa City, if you asked, things could happen and it didn't have to be a huge expense. She was very interested in discussing this further. Anciaux said the life expectancy of big box stores was approximately 20-25 years. It would be nice if they were constructed in a way so as to lend themselves to future subdivision and were designed in a way that they could easily be divided up into smaller retail space and the facade didn't have to be completely reworked, it would be a benefit. Brooks said he and Staff had discussed having the first public hearing for proposed revisions to the Zoning Code on April 28 at 7:30 pm. CONSIDERATION OF THE MARCH 17, 2005 MEETING MINUTES: Motion: Freerks made a motion to approve the minutes as typed and corrected. Anciaux seconded the motion. The motion passed on a vote of 5-0. ADJOURNMENT: Motion: Koppes made a motion to adjourn the meeting at 9:07 pm. Anciaux seconded the motion. The motion passed on a vote of 5-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:lpcdlminuteslp&z/2OO5104-O7-O5.doc Planning and Zoning Commission Minutes April 7, 2005 Page 12 Iowa City Planning & Zoning Commission Attendance Record 2005 Name 1/211 -- D. Anciaux ~- B. Brooks l~_ B. Chait~ ~- A. Freerks --~- ~ J. Hansen ~- W Plahutnlk D. Shannon ~-- .... - INFORMAI MEETING D. Anciaux t -- -- B. Brooks 8/ 0/i /1' [}/2 14 B. Chair A. Freerks __ & Hansen W Plahutnik D. Shannon Key: X = Present O = Absent ?/E = Absenl/Excused N/Mn No Meeting ..... Not a Member CW ~ Cancelled due to Weather MINUTES PRELIMINAN, IPr 24 IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, APRIL 7, 2005, 3:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Members Present: Charles Felling, Rick Fosse, James Hemsley, Mark Seabold, Terry Trueblood, Emily Carter Walsh Members Absent: Emily Martin Staff Present: Karin Franklin, Marcia Klingaman Call to Order Seabold called the meeting to order at 3:30 p.m. Public discussion of any item not on the a.qenda No items were presented for discussion by the committee members. Consideration of the Minutes of March 2, 2005 Meeting Seabold asked that a phrase in paragraph five on p.3 in the discussion of activities for Arts Fest be amended to indicate he would bring sketches to the next meeting rather than cost estimates. MOTION: Hemsley moved to accept the minutes as amended. Trueblood seconded, and the motion was passed unanimously. Discussion of activities for Arts Fest Seabold said he met with the architects at Shive-Hattery to discuss ideas to draw attention to Public Art, tied in with the new sculpture on the Iowa Sculptors Showcase near the library. The most promising project involves images of current art projects on Plexiglas plaques placed in the excavated bed. The images would have a number on them that would refer to a larger map, indicating their locations around the city. The bottom of the bed could also be lined with black rubber, then filled with water to make a temporary reflecting pool for that weekend. Lights could be put around the pool, which would reflect up on the images as well as the sculpture. Franklin asked how the light would be powered. Seabold said there is a power outlet nearby. The light would be a Iow-voltage landscaping light. The rubber could be donated from a roofing company, and the architects were excited about helping out with the project. Franklin asked for confirmation that the idea is to put some fill dirt in the bed up to a certain height after the new pad is put in, and then the reflecting pool would be put on top. Seabold said yes, either that or filling the bed could wait until after the festival, because the deeper the pool, the better. It would only be a month to wait, and the bed would be planted afterwards. He added that the point was to use lights to draw more attention to the display. Seabold noted that there will be security on-hand already for the festival, so that should not be a problem. Franklin asked how long it would be in place. Seabold said just the weekend, set up perhaps on Friday night. Klingaman suggested having it set up for the four days of the festival. Fosse said one concern is getting power to the display. The outlet is nearby, but taping an extension cord might not be advisable. Seabold agreed, and suggested using a portable power source. He said that there is also a kiosk element to the display, and the power source could be located in the base of that. The PAAC mission statement and descriptions of each project would be posted there, with the plaques having only the image and a reference number. Trueblood asked if taping down a cord for a few days is really a problem. Klingaman agreed that many cords are taped down during the Jazz Festival already. Fosse agreed that a cord might not be a problem for a few days. He added that a similar reflecting pool idea was used for his prom, using a motorcycle headlight and battery. Seabold said the project should be inexpensive, and also dynamic. Walsh asked if the images would be of past showcase pieces. Seabold said no, they would be of current pieces, the Public Art catalog. He said the volunteer group would do all the printing and fabricating of the Plexiglas, as well as creating the Iowa City Public Art Advisory Committee Minutes April 7, 2005 Page 2 wood bases and the kiosk, and supplying the landscape lights. Klingaman said that document services has all the images of the current pieces, which Seabold could use for making the plaques. Fosse said this project could be used annually, changing the images in the plaques. Seabold agreed. He noted that the plaques could be located anywhere. Walsh asked how large the Plexiglas pieces would be. Seabold said 8.5xl 1 or smaller, and they might vary in size depending on the piece that is pictured. Fosse asked if the pool would be a problem. Trueblood said no. Klingaman asked about the risk of electrical shock. Seabold said it would be very Iow voltage. Fosse asked how it would be implemented. Seabold said he has volunteers to help, and he would request that the dirt be removed from the bed around the sculpture pad, or not fully replaced when the pad was replaced this spring. Fosse asked if there was anything growing in the bed. Trueblood said the bed is planted, but he is not sure whether there are any bulbs in it. Franklin noted they would be uprooted when the pad is replaced. Klingaman said the perennials should be relocated. Walsh said she has pictures of the pad in bloom if that would be helpful. Seabold asked to whom he would have to talk to okay the project. Franklin said that is why staff is on the committee, so these projects can be approved right away. Fosse asked how far down the soil should be from the top of the pad. Seabold said the deeper the better, depending on how deep the bed is itself. Fosse said the stone base is four feet deep. Seabold asked how deep the fill material is before the soil is added. He said 18 inches would be a good depth. Fosse said that could be done. Franklin asked who is doing the pad replacement. Fosse said Streets. He asked if topsoil is available to fill the bed. Trueblood said yes. Seabold said the kiosk would have lighting inside it also. The top will be Plexiglas, with a pan of water below, to have the same reflecting effect as the bed around the sculpture. Franklin asked how big the kiosk would be. Seabold said he does not know at this point. He needs to have assistance with getting information for the kiosk, such as descriptions of the piece. Trueblood asked when the pad construction would begin. Fosse said it should cure for a week before the festival, so probably begin the middle of May. Klingaman said Angel would be removed during the first week in May. Fosse said it should be done as close to Arts Fest as possible, so it is not left empty for very long. Seabold said he would check on the depth, because it might not need to be 18 inches. Franklin suggested putting plastic construction fencing over the top of the bed. Fosse said it would be left uncovered. Seabold asked when the sculpture would be installed. Franklin said the week before the festival. Trueblood confirmed that the current pad needs to be removed and rebuilt. Franklin said yes, it was not built thick enough to replace the one that was removed when the library project was done. Seabo~d said he would bring an example of the project to the next meeting. Franklin said the location of the kiosk needs to be decided, in terms of pedestrian traffic flow and the dedication. Seabold said he thinks it will be located either on the north or south side, out of the main traffic path. Update on Peninsula Project sculpture Seabolcl passed pictures of the sculpture's current progress around to the committee members. Franklin said the dam project might not happen this fiscal year, because the river needs to stay down at a certain level for a number of days. She said Goddard might finish the sculpture before it can be installed. Klingaman said a temporary location might be needed. Franklin agreed that it might be a location or else in storage. Seabold said Goddard is working full time, and is doing the sculpture on the weekends, so the timing might work out well. Update on Court Street Transportation Center art Franklin said the contract has been amended to ensure that both stairwells are tiled, which involved ~$2,000 from the art budget. She said Fosse transported the files to Des Moines, so now it is a matter of the artist's work and the work at the site coming into sync. Portions of the wall are supposed to be done Iowa City Public Art Advisory Committee Minutes April 7, 2005 Page 3 that week, so the artist can field measure them for the daycare center fence. Then he can start the actual fabrication. Everything seems to be moving along, and it all is supposed to come together in July or August. Update on Benton Park proiect Franklin said Prescher is arranging the installation of the footings for the arch with Trueblood. Trueblood said Prescher has not called yet, though they have communicated via email. He and Prescher will set up a meeting at the site to pinpoint exactly where the arch will be located. Franklin said to let her know if Prescher has not called within the week. Tour of parks for Art in Parks proiect Franklin said there are two different routes that the committee needs to choose between. One wil~ require getting out and walking around. Fosse left at this point. Seabold asked how long the tour would take. Trueblood said either route will take approximately an hour, depending on how much time is spent walking around the parks. The committee members decided to go to Willow Creek and Hunter's Run parks. Willow Creek Park Trueblood said the park is 27 acres, and any location is fair game for art. There are no new plans for shelters. The north end of the park is near a busy roadway, which would be good for visibility, but there are also secluded areas. There's a hospice memorial in the park as well. Plans are to eventually tie the trail together all the way out to Hunter's Run and Sycamore Greenway. He recommended staying away from the soccer fields. Franklin added that Kiwanis Park is more developed, with a big playground and more landscaping. Walsh said no locations stood out, but there are a number that are very suitable for art. Seabold noted that there are a lot of people in the park already. Felling said he thinks a good location would be in the area of the park by the roadway, in the picnic area. Hunter's Run Park Walsh suggested decorative work on the shelters. Trueblood noted that the field beyond the playground is prairie, and there is a pond next to the other shelter. He said it is not yet as busy as Willow Creek, but it has a lot of traffic passing by on 218. It is currently the only park west of 218. Hemsley suggested a prairie schooner on the hill in the prairie grass. Seabold agreed something rising out of the prairie would be eye-catching. He suggested a maze through the prairie to get to the sculpture. Franklin said that would draw people out further into the park. Adiournment Franklin confirmed that the committee would be visiting the other three parks at the next meeting. There being no further business to come before the Committee, Hemsley moved to adjourn and Walsh seconded. The meeting adjourned at 5:05 p.m. s:lpcdlminuteslPublicAd/2OOS/adO4-O7-O5.doc Public Art Advisory Committee Attendance Record 2005 TcYl~ Name Expires 1/06 2/02 3/02 4/07 5/05 6/02 7/07 8/04 9/01 10/06 11/03 12/01 · Emily Carter Walsh 01/01/08 CW X O X Charles Felling 01/01/06 CW X X X James Hemsley 01/01/06 CW O/E X X Emily Martin 01/01/08 CW X O/E O/E Mark Seabold 01/01/07 CW X X X Rick Fosse CW O/E X X Terry Trueblood CW O/E X X Key: X = Present O = Absent O/E = Absent/Excused NM = No Meeting CW = Cancelled due to Weather ..... Not a Member MINUTES Prelim~ ary HISTORIC PRESERVATION COMMISSION THURSDAY, APRIL 14, 2005 EMMA J HARVAT HALL MEMBERS PRESENT: Michael Brennan, Richard Carlson, James Enloe, Michael Gunn, Michael Maharry, Mark McCallum, Jim Ponto MEMBERS ABSENT: Justin Pardekooper, Amy Smothers STAFF PRESENT: Bob Miklo, Sunil Terdalkar OTHERS PRESENT: David Arkush, Hope Barton, James Barton, Marsha Berentson, Helen Burford, Jeff Clark, Jennifer Glass, Ted Heald, Shelley McCafferty, Mike McLaughlin, Jeff Nerad, Chris Newhall, Jon Ringen, lan Scott, Tim Weaver, Dan Willis CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:01 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was 13one. ITEMS FOR CONSIDERATION: Certificate of Appropriateness: The following items were deferred to the Commission's next meeting: 807 E. Washington Street, 924 E. Washington Street, 932 E. Washington Street, 806 E. College Street, 917 E. College Street, 923 E. College Street, and 927 E. College Street. 611 Oakland Avenue. Terdalkar said that this is an application for the addition of an outbuilding, a two-car garage. He said the house is a contributing structure in the Lo~ngfellow Historic District, and the architectural style of the house when it was built was bungalow style with some influence of 19th century and 20th century American houses. Terdalkar said the applicant proposes the use of vinyl siding and wood windows for the structure, which will be in the back yard of the property. He said the size of the structure will be 30 feet by 34 feet. Enloe said the staff report refers to exceptions for vinyl siding in conservation districts; however, this property is in a historic district, and the property is contributing. He said that vinyl siding is not allowed in this instance. Carlson said that was also his understanding, but in fact under new outbuildings, there is very little in the way of recommended or disallowed. He stated that vinyl is not expressly disallowed, although that is implied because in the exceptions for conservation districts, the guidelines say that synthetic siding may be used on new outbuildings, which implies that it is not allowed in historic districts. Carlson said there is no explicit statement disallowing vinyl on new outbuildings in historic districts. Gunn said that exceptions apply only where they are spelled out, so one can assume that if it is not expressly allowed in the language, it is disallowed. He said the exceptions apply only where they are listed. Maharry asked Weaver, the owner, if he had pursued other thoughts or designs. Maharry provided a drawing of another possibility for the garage. He said that in its current form, the proposed garage does not reflect the style of the primary structure, but the drawing shows the same dimensions and would better reflect the style of the house. Weaver asked if the roof proposed by Maharry would be a hip roof, and Maharry confirmed that it would be a hip roof from north to south. Weaver said that the house has gable ends on it. Brennan asked what kind of siding is currently on the house. Weaver responded that there are two different kinds of siding on the house. He said the siding on the upper story is vinyl siding that he would like to match for his garage. Historic Preservation Commission Minutes April 14, 2005 Page 2 Enloe said the Commission also needs to consider the mass of the structure in relationship to the size of the house. He said the garage would be wider than the house but not quite as long as the house. Weaver thought that the Code requires that the garage take up no more than a certain percentage of the yard - perhaps 40%. Terdalkar said the rule is about 30% of the setback and is not about the site of the structure but is about how much of the setback can be covered. Maharry said it is recommended to construct garages and outbuildings that are clearly subordinate in size and orientation to the primary structure. Carlson said this would be clearly subordinate in height. Carlson said his basic feeling is that the design as proposed would not fit in with the craftsman-style house. He said the gable roof does, but the doors don't, the octagonal window doesn't, and the little windows along the side don't. Carlson said the size of the garage is not as much of an issue to him as the design is. He suggested that the windows, the octagonal window, and the shape of the doors be replaced with something more fitting to the structure and that vinyl siding not be used. Weaver asked if the vinyl siding would be grandfathered in, because it is already used on the exterior upper level of the house. Carlson said it would not be allowed for a new structure. Weaver asked about siding for the entire house. He said the original siding was removed, and the lower level is sided with aluminum that has been badly dented by hail. Gunn said that the Commission allows fiber cement board as a reasonable substitute that holds paint for up to 20 years. He said that vinyl siding is disallowed in historic districts, and the Commission has been consistent on that. Gunn agreed with Cadson that the details need work. Gunn said the doors should be trimmed in a little wider trim, like cornerboards. He said that what is drawn as brick mold should be one by four trim instead. Weaver said the design proposed by Maharry shows eaves that are comparable to exposed rafters. He asked if that would be required, as it is difficult to do. Weaver said the exposed rafters on the house are actually aluminum clad, each rafter individually. Maharry said they are original to the house and are therefore a distinctive feature to the house. He said the guidelines discuss the fact that the project should have similar characteristics to the house. Ponto said it should reflect the style but be subordinate in ornamentation. Maharry said th.at having none would clearly be subordinate. Enloe asked Weaver if he would be willing to change the details of the project. Weaver said he supposed he would. He asked about the side view in Maharry's drawing and if he could have two windows on either side of a central door on the side view. Carlson said that would be fine, as it would still be in character. Gunn added that the windows could be a little smaller than those in the drawing and still be fitting with the historic character. Weaver asked if the exposed rafter ends would be necessary. Gunn and Carlson said they did not feel exposed rafter ends would be necessary. Weaver asked if a Dutch lap cement board is available. Gunn said it is made but was unavailable the last time he looked for it. Weaver said that what the Commission is seeing as an octagonal window is actually a vent. MOTION: Gunn moved to approve a certificate of appropriateness for the addition of a two-car garage at 611 Oakland Avenue with the stipulations that the siding must be wood siding or fiber cement board; that the trim for the cornerboards, overhead doors, and walk-door windows be approximately three and one-half inch wide flat trim; that the walk-door be of a panel-type construction and be paintable; that the windows be wood or metal-clad wood windows that appear like historic windows as small, rectangular windows; that there be no cut corners on the garage doors; and that the vents in the gable ends be rectangular. Ponto seconded the motion. The motion carried on a vote of 7-0. 732 Dearborn Street. Terdalkar said this property is a contributing structure in the Dearborn Street Conservation District. He said the proposal is for an alteration to the back porch of the house. Terdalkar said the owner plans to remove the siding on the east and enlarge the porch floor. Historic Preservation Commission Minutes April 14, 2005 Page 3 Newhall, the owner of the property, said the expansion of the porch would be on both sides of the porch but would still fall under the porch roof. She said the little piece of wall to the right, which is not original to the house, would be removed. Maharry asked if the foundation cement block would be reused. Newhall confirmed this. Maharry asked if the skirting would be redone, and Newhall confirmed this. Carlson asked if the actual supports would be treated wood. Newhall said they would be treated wood. She said they would be hidden behind the cement blocks and the skirting. MOTION: Enloe moved to approve a certificate of appropriateness for the alteration of a porch at 732 Dearborn Street. McCallum seconded the motion. The motion carried on a vote of 7-0. Maharry welcomed Michael Brennan as the newest Commission member. 706 Clark Street. Terdalkar stated that this property is a contributing structure in the Clark Street Conservation District. He said that this is a single-family house. Terdalkar said the house reflects the 19th century revival style with some influence of the cottage style. He said the proposal is to demolish the existing garage and replace it with a new, two-car garage. Hope Barton said the person who worked for the second owners of the property informed her that the cupola was not original to the garage. James Barton said the current garage is listing and is rotting at the bottom. He said the floor is two-inch concrete and is not reinforced. Gunn said that from the outside, it appears that there is no foundation or footings, just a slab. He said that one can see considerable settling, sagging, and deterioration of the lower half of the garage. Gunn said the roof appears to be sagging and rotting, and the garage is not in good condition by any means. Enloe asked if the garage is salvageable. James Barton said he did not plan to spend any money on it. Gunn said his opinion is that the garage is not salvageable. He said that anything is salvageable to a degree, but by the time this was salvaged, there would be almost nothing left of the original materials. Carlson said that for a proposed demolition, the Commission is to consider the condition, integrity, and architectural significance of the outbuilding. He said that in this case, he would say that all three are marginal. Carlson said the garage contributes to the property but to a limited extent. Brennan said there is also the consideration that if the Commission requires the preservation of the current garage, two small garages sitting next to each other would look very strange. Carlson said the proposed garage does not look like it would go with a 1940s house. Maharry distributed a drawing of an alternate proposal. Gunn stated that there are a few things that make garages fit in well in many of the older neighborhoods, including: a little higher roof pitch than is commonly used today, using wider, flat trim rather than brick mold; cornerboards and frames on doors and windows; windows that are relatively small and rectangular; and smaller garage doors - single doors rather than double doors. He said he would look for those things in this proposal. Gunn said it would not dramatically alter the project but would just trim things a little differently. He added that vinyl siding is not an issue here, as it is allowed in conservation districts. Enloe said the owner's proposal shows the windows to be wider than they are tall, but they should be oriented the other way. James Barton asked if windows would be required, as he considered not having them for security reasons. Ponto said the guidelines do not require windows on a garage. Gunn said that at least on the side that is approached from the house, the owner would want windows for natural light. He said he thought that architecturally the Commission can say the garage should have windows, and the Commission would prefer to have some small windows. Weaver asked about the requirements for a steeper roof. Enloe said it should have a six:twelve pitch. Gunn said the garage doors should be smooth or of a simple paneled construction. Historic Preservation Commission Minutes April 14, 2005 Page 4 MOTION: Gunn moved to approve a certificate of appropriateness for the construction of a two- car garage at 706 Clark Street with the stipulations that the roof be of a six:twelve pitch; that there be three and one-half inch trim on the corners, overhead doors, walk doors, and windows; that the walk door be of a panel-type construction; and with the recommendation for rectangular, small windows on the three sides without the overhead doors. Enloe seconded the motion. The motion carried on a vote of 7-0. MOTION: McCallum moved to approve a certificate of appropriateness for the demolition of the present garage at 706 Clark Street. Ponto seconded the motion. Enloe said he would vote against this, because he felt that while the destruction of this building might not be a great loss, the garage is not falling in on itself. Gunn said he visited the garage earlier in the evening. He said it appears to have no footings, the floor appears to be broken and settling significantly, the bottom half of the garage appeared wet and rotted, the roof was sagging, and the siding was in poor condition. Gunn said he did not feel it was worth saving and would vote in favor of the demolition permit. Carlson said he would have preferred to see more evidence of the garage's condition as part of the application. The motion carried on a vote of 5-2, with Carlson and Enloe votin.q no. 531 Clark Street. Terdalkar stated that this property is a contributing structure in the Clark Street Conservation District. He said the house was built between 1939 and 1941. Terdalkar said the house has influences of Cape Cod cottage and 19th century/20th century revival style. Terdalkar said the proposed alterations include the replacement of windows on the front and the side and installation of a skylight in the rear. Scott, the owner of the house, said he wants to replace windows in the two bedrooms upstairs. He said there is a bedroom where each of the dormers is, and he would like to replace the three windows to each bedroom. Scott stated that the north side windows are actually pretty rotten, with a lot of mildew in them. He said the previous owners used double aluminum screens that catch a lot of water and don't work at all. Scott said he would like to install Andersen windows that have the same mullions as the windows on the first floor, which have already been replaced. Regarding the skylight, he said there is a hallway upstairs with no natural light, so he would like to install a small dome on the rear elevation. McCallum said he installed such a dome, and the Building Department said he did not need a building Permit because it would not cut between joists. Maharry asked about the back of the house. Scott said there was an addition to the rear about ten years ago. Carlson asked how many of the windows are in bad repair. Scott responded that the two above the bay on the north side don't get any light and are not in good shape. He said the south windows get more light, which keeps them dryer, but the screens don't function at all. Scott said that some of them have cracked panes, but he was unable to save them. Carlson said the sash there seems to be one of the few original fenestration details on the house. He said the door has been replaced, and the lower windows except in the bay have been replaced. Scott said that the shutters are replacements. He said the dormers on the front do not have original screens. MOTION: McCallum moved to approve a certificate of appropriateness for the replacement of windows and the installation of a skylight on the rear elevation at 531 Clark Street, as proposed. Ponto seconded the motion. Carlson asked if the window replacements would be wood windows. Scott said they are wood on the interior, and on the exterior a polymer would be used, but only a small percentage would be seen, as the Historic Preservation Commission Minutes April 14, 2005 Page 5 contractor will be putting exterior trim around the windows. Carlson said there are a lot of vinyl components in the windows. Gunn said that vinyl windows are acceptable in a conservation district. The motion carried on a vote of 6-1, with Carlson votinq no~ 330 South Lucas. Terdalkar said that this property is a non-contributing structure in the Lucas/Governor Conservation District. He said the proposed work is to replace the masonite siding with vinyl siding on one of the sections of the building. Maharry asked about the plans for the trim around the windows, the cornerboards. Willis, the owner of the house, said he would use a contrasting color of vinyl. Carlson stated that even if a property is non-contributing, the project has to meet four criteria for the Commission to be able to approve synthetic siding. He asked if the source of the moisture that caused damage has been remedied. Willis said the masonite siding that was supposed to hold up did not, and the company that made it has gone out of business. Carlson said that historic, architectural features such as window trim, brackets, moldings, rafter tails, columns, balusters, and similar details should not be covered, removed, cut, or otherwise damaged. Willis said they have mostly been removed or damaged and have been covered with aluminum clad already, which will not be removed. He said the aluminum wrap around the windows will remain the same. Willis said there will not be a J trim right up against it; it will still have the white one-by trim around it. Carlson said staff recommends that the clapboard have an exposure of three to five inches to make it look more historic. Willis said he thought a five-inch would be a more preferable lap but said he was flexible on that. Carlson said the trimboards should extend in front of the face of the siding. Gunn said there should be a four-inch trim around the windows that is exposed. Willis said he would be leaving that. MOTION: Ponto moved to approve a certificate of appropriateness for the replacement of siding at 330 South Lucas Street, as proposed. Carlson seconded the motion. The motion carried on a vote of 7-0. 720 East Washinqton Street. Terdalkar stated that this is a non-contributing structure in the College Hill Conservation District. He said the proposal is for the demolition of a garage and the addition of a bedroom to the house. Clark, the owner of the house, said he did not know when the house or the garage were built. Carlson said he believed the house was built in the 1930s or 1940s, but because the garage has a poured concrete foundation, he believed the garage was constructed in the last 40 to 50 years. Carlson said there appeared to be no structural problems with the garage. Clark said this is more of a parking issue and an issue with the addition. He said the garage is in good shape, but it has Iow headroom so that only a Iow-setting car can be parked there. Clark added that this will be a rental and will therefore be student occupied so that there will be more than two cars there. He said that would cause a parking problem if he cannot provide parking in the back. Enloe said that the guidelines state that the Commission makes decisions on a case-by-case basis, considering the condition, integrity, and architectural significance of the outbuilding or non-contributing building. Regarding architectural significance, Carlson said it is difficult to make a judgment without going inside. He said that right now there is nothing exposed on the exterior that says that this is anything more than 30 or 40 years old. Carlson said the garage doesn't match the house and in his opinion doesn't contribute to the architectural significance of the property as a whole. He said he is a little leery of voting in favor of demolition without having a better idea of exactly what is there. Maharry said he agreed that the garage doesn't have significant architectural features so that its absence won't detract from the character of the neighborhood or the overall property. MOTION: Ponto moved to approve a certificate of appropriateness for the demolition of the garage at 720 East Washington Street. McCallum seconded the motion. Historic Preservation Commission Minutes April 14, 2005 Page 6 Enloe said he did not want to see a perfectly solid structure torn down for mere convenience. He said that is antithetical to the whole idea of conservation and historic districts. Regarding its architectural significance, Enloe said he does not have enough information to make a judgment on that. Enloe said that the scale of the garage is not that of a modern, recent garage. Terdalkar said this style of house was popular in the 1930s in Iowa City. He said this house is one of the few examples of this style of architecture. Terdalkar stated that the survey said it could be considered a contributing structure, but a later survey did not include it as a contributing structure. Miklo said that the Commission should rely on the later survey. Clark said that the garage is not unusual in the interior and looks like a standard garage. He said the outside would have aluminum siding if it is the same as the house. Clark said the garage would be unusable, whether it is torn down or not. Miklo stated that the whole intent of a conservation district is to conserve the general character of a neighborhood. He said that given the nondescript character of this garage, which is fairly small and does not represent any particular style, the Commission will want to look at the big picture. The motion carried on a vote of 5-2, with Carlson and Enloe votin.q no. Carlson stated that the shed is also scheduled for removal. Clark said the shed is less than 12 by 12. McCallum said that a permit is not needed to build a shed of this size. Maharry said that if the shed is not mentioned in the survey as important to the property, then it was deemed not important to the property. MOTION: Gunn moved to approve a certificate of appropriateness for the demolition of the shed at 720 East Washington. Enloe seconded the motion. The motion carried on a vote of 5-2~ with Carlson and Enloe votinq no. Carlson said he would need more information to vote to demolish the shed. Regarding the proposed new addition, Gunn said the materials appear to be consistent with what is there. Clark said there is actually aluminum siding on the house, and he plans to use hardi-plank on the new addition. He said the windows on the new addition will be wrapped with the one by four. Maharry distributed a drawing for plans with a little more detail on the trim. Clark said he could put cornerboards on the house. He said the two roofs would be tied together with a roofline pitching out to run the water out. Carlson said the hardi-plank siding would be fine. He said that vinyl windows are not permitted even on a non-contributing building in a conservation district. Gunn said that vinyl clad windows are acceptable. Carlson said that was okay for basement windows but not for main windows. Ponto said that the disallowed category includes metal, vinyl clad, or vinyl windows when not original to the building. Carlson said the only exception under windows for all properties in conservation districts is for basement windows, which may be vinyl, so that windows must be wood or wood clad even on non-contributing windows in a conservation district. McCallum asked Clark how he felt about the alternative drawing. Clark said that for the roof, he planned to have basically going up to the back side a diamond plane coming out. He said there is really no way to slope it to get the water out of there otherwise. McCallum said the alternative drawing would extend the roof out from the original to give it a nicer, cleaner look, and there would not be an ice dam issue. Clark said he would agree to that plan. Carlson said there was a comment in the paperwork about existing windows being replaced to meet egress. Clark stated that one window in each of the three bedrooms might have to be replaced and made slightly larger to meet egress, although he had not yet had the opportunity to measure the windows. He said if he did have to replace the windows, he would match them to what is there. Clark said they would have the same gridlines, and if they are currently wrapped with the one by four siding, they will be rewrapped. Historic Preservation Commission Minutes April 14, 2005 Page 7 MOTION: McCallum moved to approve a certificate of appropriateness for an addition at 720 East Washington Street with the stipulations that it conform to the revised drawing, that the windows be wood or metal clad wood windows, that the siding be wood siding or hardi-plank, and that any egress windows that may be required to be installed match the current windows. Gunn seconded the motion. The motion carried on a vote of 7-0. 1133 East Court Street. Terdalkar stated that this is a contributing structure in the Longfellow Historic District. He said the proposal is to add an upper deck on the rear side of the house, with material to match the existing deck. Terdalkar said there would also be a railing on the second story, as required by the Building Code. Glass, the owner of the house, said the deck is too small and does not extend across the rear of the house. She said she would like to lower the deck a step or two so that it does not cut off in the middle of the windows. Glass said that other than that, it will be a horizontal extension of what is already there. Maharry said the current railing is a synthetic vinyl/plastic-type railing. Glass confirmed this and said she would like to use the same material. Maharry asked if there is currently a railing attached to the second floor, and Glass said there is not. Maharry said the Commission might want to use a different material for the railing that is attached to the house. MOTION: Enloe moved to approve a certificate of appropriateness for the project at 1133 East Court Street, with the stipulation that the upper story railing be made of an appropriate wood material but allowing the continuation of the non-traditional material on the lower deck. McCallum seconded the motion. Carlson said this would have to meet the guidelines for balusters. He said he was hesitant to approve this without seeing a design but said the Commission could approve something that would involve square spindles. Glass said she wanted to do something on the top that would match the bottom. Gunn said the Commission could site Section 4.10 and state that the railing would have to satisfy the section with regard to balustrades and handrails. Maharry said that language should be included in the certificate. The motion carried on a vote of 7-0. 1223 Seymour Avenue. Terdalkar said that this is a contributing structure in the Longfellow Historic District. He said the proposal is for adding a railing to the front stairs and replacing the stairs with wood. Ringen, the owner of the house, said that the current concrete steps are deteriorating because of a ground heave and need to be replaced. Enloe asked what comprised the current railing. Ringen said the railings are iron sunk in the concrete. Maharry said the drawing mostly matches the design, but there is sort of a little inset. Ringen said the contractor actually plans to build the stairs without that, but the drawings were taken from an example on Summit Street. He said he plans to recreate the current column that is there. Enloe said he is a little concerned with the removal of historic balustrades and railings issue. He said the language in the guidelines explicitly disallows this. Miklo said there is a good possibility that those are from a much later period than the house. He said the turned wrought iron was more common in the 1950s and 1960s. MOTION: Ponto moved to approve a certificate of appropriateness for the addition of a railing and the replacement of concrete steps with wood steps at 1223 Seymour Avenue, with the stipulation that the newel posts be simple and reflect the porch columns. McCallum seconded the motion. Carlson asked if the Commission would require spindles, because they would historically be on a handrail like this. Miklo said he believed that spindles would be required by the Building Code. MOTION: Ponto amended the motion to require that spindles meet the guidelines if they are required. McCallum seconded the amendment. The amended motion carried on a vote of 7-0. Historic Preservation Commission Minutes April 14, 2005 Page 8 415 Brown Street. Terdalkar stated that this is a contributing structure in the Brown Street Historic District. He said the proposal is to enclose a screen porch to make it a habitable room. Nerad, the owner of the property, said he plans to enclose the existing screen porch, which was added in the 1960s or 1970s. He said he plans to put up walls and windows to match, and this will also give him a chance to restore the roofline a little better on the gables. Nerad said he will use windows that match in proportion and shape and will allow spacing between windows to use the identical trimwork. He said he would like to use Pella aluminum-clad double hung windows. Gunn asked if the old foundation is rusticated block. Nerad replied that it is the original block on the porch, and there are footings in place. He said there is also limestone block. Gunn said the limestone does not blend together well with the rest of it. He said it could be painted a base color or maybe a lighter color, if nothing else. Berentson said that the corner there will be landscaped in the future also. Carlson said that since this is a non-historic porch, there is nothing in the guidelines against enclosing it. Ponto asked if it would be compatible with the same trim. Nerad confirmed this. Berentson said the goal is to make it look like it had always been there. MOTION: Gunn moved to approve a certificate of appropriateness for the enclosure of the screen porch at 415 Brown Street, as proposed. Enloe seconded the motion. The motion carried on a vote of 7-07 with the admonition of the Commission a.qainst beqinnin.q a project before receivinq a certificate of appropriateness. 730 Bowery Street. Terdalkar said this is a contributing structure in the Lucas-Governor Street Conservation District. He said the project is for the replacement of windows, storm windows, and exterior doors, and the installation of a basement egress window to add a bedroom to the basement. McLaughlin said he would be using sash kits that come with either wood or metal-clad wood windows. He said that is primarily done in aluminum and asked if that was an acceptable type of metal-clad material. Gunn said that if it is paintable, it would be acceptable. He asked if the sash kits have a vertical track. McLaughlin said there is a vertical track that goes inside the existing frame. McLaughlin said that to fit the basement egress window within the existing frame, it will have to be lowered. He said he would prefer to do that in vinyl, which is an exception for a basement window in a conservation district. McLaughlin said it would be a casement window and would be a double hung window with two sashes. He said the appearance would be similar, because only the top part of the window would be above ground. Gunn said the Commission does not allow snap-in muntin bars on the inside only. He said they have to be adhered inside and outside. McLaughlin confirmed that the window grills are permanent both inside and outside. Carlson asked about the condition of the current windows. McLaughlin replied that the windows are very worn, old, and drafty. He said the existing framework is loose. Carlson asked if there was a lot of rot - if the windows are reparable. McLaughlin said he has not detected a whole lot of rot, but the windows are not very functional. McLaughlin asked for suggestions for the replacement doors. Maharry said that the current doors are consistent with the arts and crafts style. He said the one McLaughlin suggests doesn't necessarily meet the arts and crafts style, but Terdalkar could come up with a consistent door style. Maharry said the Commission cannot disallow door styles but can recommend particular styles. Gunn said the guidelines do disallow installing flush entrance doors or other modern door styles so that the Commission can ask for something compatible with the architecture. MOTION: Enloe moved to grant a certificate of appropriateness for the replacement of windows and doors and the installation of an egress window in a basement bedroom at 730 Bowery Street, with the stipulation that the replacement windows and doors match the existing material, style, and appearance. McCallum seconded the motion. Historic Preservation Commission Minutes April 14, 2005 Page 9 Carlson said the very first recommendation under windows is "preserving historic windows by repairing sashes and frames." He said it sounds like the windows are reparable, even though it would be a lot of work. Carlson said they are not so far gone that they couldn't be repaired so that he would vote against a wholesale window replacement for this house. He said that right now the house is very intact, and he could not approve replacement of all windows and doors without a compelling reason. McLaughlin said the kitchen windows in particular have been painted to the point where it is almost like caulk. He asked how one would repair a window like that to get it back down to the wood in order to stain or repaint it, so it would be functional enough to work in a frame or system that is already loose and worn. Maharry said it can be done but takes a lot of time. Carlson added that the tracks can be readjusted as long as the wood is not deteriorated to the point where it will not take new screw holes and things like that. The motion carried on a vote of 5-2, with Carlson and Enloe votin.q no. 730 Summit Street. Arkush, the owner of the house, said the proposal is to replace a kitchen window that is less than three feet by three feet. He said that because there is a sink in front of the window on the inside, the window is very difficult to open, and his wife actually broke a rib doing so. Arkush said he would like to replace the window with an awning window, which would be wood on the outside. He said it would be the same width but would be four inches taller and would not have the divider in the middle. Arkush said the window would not be visible from the street. Maharry asked Arkush if he was unable to find a window that simulates what is there now. Mrs. Arkush said it would be much more expensive. She said Knebel Windows suggested a double panel window with a screen on the inside. Mrs. Arkush said that from the outside, it would look about the same but would be a little taller. She said it would not haye a storm window, so it would look more like the dining room window. Enloe asked what other kind of window could be installed, other than an awning window, since awning windows are explicitly disallowed in the guidelines. Mrs. Arkush said that the way the window opens is not a problem, but the double hung issue may be a problem. Maharry said if there were a window that replicated the exterior appearance currently, be it awning or casement, that would be consistent with the architectural style. McCallum said he believes that there are awning windows that simulate the look of a double hung window. Gunn said the Commission has approved windows, usually casement windows, that have an adhered horizontal muntin on the inside and outside so that it looks like a double hung window. He said it should not be much more expensive. Miklo stated that, given the proportions, this probably was not an original window. Terdalkar said he thinks it is an original window, because on the other side of the structure, there is a similar window of a similar size. Mrs. Arkush said that the window on Sheridan is bigger. Mikio said that given the roofline, it appears that this whole portion of the house may have been altered at some point. McCallum asked if the four inches of wood around the exterior of the window would remain the same. Mrs. Arkush confirmed this but said it would be lower. McCallum suggested that an awning-style window be allowed if it maintains the look of a double hung. Arkush said he thought the window would look better without the double hung appearance, given the other windows surrounding it. Miklo said that given the proportions of the window, historically one would have not seen a double hung window that square. Carlson said that historically one would not have a single pane of glass this large without any dividing lights. Miklo pointed out that this window is not visible from the street. Gunn said this is not a historically proportioned double hung window. Ponto said that lengthening the window would help the proportions. MOTION: Enloe moved to approve a certificate of appropriateness for the replacement of a kitchen window at 730 South Summit Street with an awning-type window that simulates the appearance of Historic Preservation Commission Minutes April 14, 2005 Page 10 a double hung window, with an increase of approximately four inches in depth at the bottom of the window. Ponto seconded the motion. McCafferty suggested that to make this look more like a fixed, decorative window, it could be done like some of the other windows on the house with a bar up high on the window, above eye level. Gunn said the Commission is looking for away to approve an awning window, which is disallowed. He said that the Commission has to be consistent or it is being arbitrary. Maharry said the guidelines disallow an awning window when it is not original, consistent, or required. He said that raising the bar on the window would make it more consistent with the architectural style. MOTION: Enloe moved to amend the motion to allow for either the appearance of a double hung window or the possibility of a raised bar window that is consistent with the style of the large windows on the front of the house. Ponto seconded the amendment. The amended motion carried on a vote of 7-0. 818 South Summit Street. McCafferty said this is an application for the construction of a small carriage house/garage combination. She showed some photographs of garages and carriage houses on Summit Street. McCafferty said there is a 15-foot height limitation. She said the building will have fiber cement board siding and will have traditional details in terms of the window trim. McCafferty said she does not know what is under the aluminum siding on the house so was uncertain as to matching the house. She said the proposed design is something that would most likely fit with anything found on this style of house. McCafferty said the grade will be raised somewhat. She said there will be double hung windows, and the doors will be carriage style doors with faux hardware. McCafferty said the eaves are different on the front and the back of the house, but the eave detail has been taken from the back of the house. Heald, the owner of the house, stated that the pitch of the carriage house will not be as steep as that of the house, because then it would be too high. Ponto asked if the windows on the main floor will be divided. McCafferty said she thought they would be open, but they could be simple barn sashes with a cross bar in them. MOTION: Enloe moved to approve a certificate of appropriateness for the construction of a garage/carriage house at 818 South Summit Street, as proposed. Gunn seconded the motion. Carlson asked if using the faux hardware would be in keeping with the guidelines. McCafferty said the hardware would be made of wrought iron. Carlson said he did not think that it would be in the 1890s style and said that the Commission recommends solid panel-type doors. Heald said it was okay with him not to use the faux hinges. He said he wanted the structure to look right. The motion carried on a vote of 7-0. 426 Grant Street. Maharry said this is a contributing structure in the Longfellow Historic District. He said the application is for the installation of two handrails, simple iron railings with spindles. Enloe said the handrail should either match the porch balustrade or be made of round, steel pipe. Carlson said the wrought iron looks inappropriate. He added that he would not suggest using something that looks like the porch in this case, because it is a very distinctive porch, and the steel pipe railing would be invisible against this porch. Carlson said he would prefer to see a pipe railing, but matching the balustrade would meet the guidelines as well. Enloe said he could support a pipe railing, but otherwise he would have to see a drawing for the proposed railings. Historic Preservation Commission Minutes April 14, 2005 Page 11 MOTION: Enloe moved to approve a certificate of appropriateness for the installation of two wrought iron metal handrails at 426 Grant Street. Gunn seconded the motion. Carlson said that wrought iron railings are expressly disallowed. Ponto said that they are disallowed unless they are part of the historic design, which they are not in this case. The motion failed on a vote of 0-7. MOTION: McCallum moved to approve a certificate of appropriateness for a simple pipe railing on the upper and lower steps at 426 Grant Street. Enloe seconded the motion. The motion carried on a vote of 7-0. 1121 Seymour Avenue. Terdalkar said this is an application to reside a garage on a contributing property in the Longfellow Historic District with vinyl siding to match the existing. Maharry pointed out that the earlier application in 2003 in which the Commission approved vinyl siding for the addition to the house was unique, as the owners did not know what was under the main house's vinyl siding because the original siding underneath had been removed. Carlson said this property is contributing but is shown on the map as non-contributing. Maharry said the property was reclassified at one point. MOTION: Enloe moved to approve a certificate of appropriateness for the installation of vinyl siding on the garage at 1121 Seymour Street, as proposed. McCallum seconded the motion. Enloe stated that he would vote against this, because it does not meet the special criteria of the unique case in which the Commission did not know the nature of the siding under the addition of the house for a previously approved application. He said that since those conditions do not apply in this case, the guidelines explicitly disallow vinyl siding here. Maharry said the Commission also needs to determine if the siding is sufficiently deteriorated that it needs to be replaced. Enloe said he did not see a case for that. Maharry said the applicant stated that the garage has to frequently be repainted. Terdalkar said the side with the damage is the west side of the garage. The motion failed on a vote of 0-7. March 10, 2005 Meetin.q Minutes. MOTION: Enloe moved to defer consideration of the March 10, 2005 meeting minutes to the next meeting. McCallum seconded the motion. The motion carried on a vote of 7-0. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Minutes submitted by Anne Schulte s:/pcd/rninuteslHPCI2005/hpcO4-14-O5,doc Historic Preservation Commission Attendance Record 2005 TeYm Name Expires 1/8 1/13 2/10 2/15 3/10 4/14 4/28 5/12 5/26 6/9 6/23 7/14 7/28 8/11 8/25 9/8 10/13 1 M. Brennan 3/29/08 .................... X R. Carlson 3/29/07 ........ X X X X J. Enloe 3/29/06 X X X O O X M. Gunn 3/29/07 O/E X O/E O/E X X M. Maharry 3/29/08 X X X X X X M. McCailum 3/29/06 X X X X X X J. Pardekooper 3/29/07 O/E X X O O O/E J. Ponto 3/29/07 X X X X X X A. Smothers 3/29/05 O/E O/E X X X .... J. Weissmiller 3/29/06 O/E O/E O/E O/E O/E O/E T. Weitzel 3/29/08 O/E O/E X X X O/E Key: X = Present O = Absent O/E - Absent/Excused NM = No Meeting ..... Not a Member IP26 MINUTES DRAFT DEER TASK FORCE MEETING APRIL 19, 2005 LOBBY CONFERENCE ROOM - CITY HALL MEMBERS PRESENT: Pat Farrant, Chair; Alan Nagel; Harold Goff; Jan Ashman; Linda Dykstra; Peter Jochimsen; Pete Sidwell; Gene Szymkowiak MEMBERS ABSENT: Martin Jones STAFF PRESENT: Kathi Johansen, Sue Dulek OTHERS: Gary Brown CALL TO ORDER: Chairperson Farrant called the meeting to order at 5:49 PM. RECOMMENDATION TO COUNCIL:. Nagel moved that the Deer Task Force recommends to City Council that the City request the necessary authorization from the IDNR for 2005-2006 Deer Management by sharp shooting and bow hunting, under the guidance of IDNR; seconded by Szymkowiak. Motion carried 5 to 3; Martin absent; Ashman, Farrant, Sidwell voting in the negative. APPROVE MINUTES -MARCH 22, 2005: Farrant noted a misspelling of Linda Tomblin's name (minutes have Thomlin). Nagel stated that the last name of the gentleman noted as "Jim from Walnut Ridge is Pluth. Nagel also noted that under "Bow Hunting" on page 3, where it states, "Jones noted that he feels it is a liability issue...". Actually the issue is "auto/deer collisions." Also where the minutes state, "Nagel also noted..." it should state, "Nagel also noted that it should be in the minutes that sharpshooting will also be needed for at least a few years; that this is not a recommendation to replace sharpshooting; that the members are aware...". Ashman moved to accept the minutes for the March 22, 2005, meeting as amended; seconded by Nagel. Motion passed 8 to 0 (Martin absent). COMPLETE REVISIONS TO WORKING DRAFT OF 2004-2005 DEER TASK FORCE REPORT (distributed last month): Nagel asked if they could move Item 4 up to Item 3 on the agenda, and asked for an update on Council procedure for bow hunting recommendation. Fan'ant noted that since there seemed to be some confusion over time frames she has prepared a chronology to help answer member questions. She noted again that the past year was "out of sequence," but this year is back on track. Nagel noted that according to this chronology, it seems that they are ready to make a motion that they do expect deer to be killed next winter. Farrant noted that their report is due to the DNR. on or before May 20th. Nagel then asked what was happening with the motion the Task Force made at the last meeting. Johansen noted that the motion is with the City Council and it is not on tonight's City Council agenda. Goff stated that would hope that the Task Force would give the City Council more information before asking them to act on the recommendation, noting that the Council should be given a rationale as to why they made it. Goff stated that they could make this information available either in a separate document, or as part of their annual report. Farrant noted that this report covers the year past, culminating in the deer kill for the 2004-2005 season. This is the report due to the D.N.R. in May, and it does not contain a recommendation for the upcoming 2005-2006 deer kill. A discussion ensued, with much confusion over what the report due by May 20th actually is, and what it covers. Farrant attempted to explain how the time frames work, noting again that this past year was "out of sequence." She noted that this report explains 2004-2005 activities. It will be sent to the DNR., along with the City's request for authorization for a special deer kill. Goff noted that the last report was approved on September 23, 2003, for the 2003-2004 report. He also stated that normally (last year aside, as it was "out of sequence") the Task Force generates this report over the summer, and it contains the recommendations for the upcoming fall or January shooting. Dulek suggested that the group decide what they want in this report, as they seem to be getting nowhere with this discussion. Nagel moved that they approve the 2004-2005 report as it stands and begin work tonight on revising the 2005-2006 report. Goff seconded the motion. The discussion picked up again with Farrant noting that Johansen used a copy of the 2003-2004 report as a starting point to make updates that she could do, to date, and prepared this 2004-2005 report for further updating. She noted this report needs to be updated with White Buffalo's summary information of the February deer kill. Nagel then asked "as of what date" are the statements in this report bound, and Farrant noted that the "end of the year" is once they get the information from the deer kill and it is included in this report. After further discussion, Nagel stated that perhaps he needs to withdraw his motion. Farrant noted that if Nagel did withdraw his motion, which would eliminate most of the changes proposed to the report, she would be willing to work with Johansen on making sure they get the necessary updates made, a final copy prepared and circulated, and an approved copy readied for the IDNR. Nagel withdrew his motion; Goff agreed. Discussion turned back to the chronology of the Task Force, and where they need to be this month. Farrant noted again that the recommendations to the Council are a separate issue from the annual report. Nagel revived his motion that they "have to begin as soon as possible with the 2005-2006 report. No second heard. Nagel withdrew his motion. Nagel noted that under "Long-Term Deer Management Plan" it states there are educational pamphlets, and he asked if there are any. It was noted that the Library has these, as do other City buildings. Nagel then asked about the television programs. Ashman noted that there are most likely some reruns. Nagel then noted that a link under television programming on the City web site is dead. Dulek then noted that the Long Term Plan is the Council's - not the Task Force's. She noted that the group can make recommendations to the Council regarding this Plan, but they cannot change the Long Term Plan themselves. Jochimsen then raised a point of order, stating that the discussion is not on the agenda. Farrant noted that it is under Item 3, "Complete revisions to working draft of 2004-2005 Deer Task Force Report". He noted that it seems to him that the more pressing issue is working on the recommendations, not this report. Farrant reiterated that it must be done by May 20th, and that they do in fact have two projects: the updated report and the recommendations. She feels they could accomplish most of the updating of this report by having Johansen update. She also noted adding the Larry Stone program under "Education", and saying "kill deer" rather than "deer removal", and members agreed. Nagel suggested that on pages 24'and 25, the two Q and A's be deleted, but members noted that this is still valid and should remain. Farrant asked the members if they agreed to have Johansen make these minimum changes and send the report out to members with the minutes, and they could then approve this at the next meeting. Goff asked if page 9, third paragraph, where it states "...recommends the City Council issue a request to University of Iowa President Skorton..."; if this was not outdated. Fan'ant asked Johansen if they were going to do this again this year, and Johansen stated they are. Nagel asked for a clarification on just what their goal is, 25 or 35 deer per square mile? Dulek noted that the Long Term Plan refers to 35, paragraph 4. Dykstra asked if they had a copy of the first recommendation that was made to Council, and Farrant said she will check her files for this. Dykstra noted that this recommendation really "spoke" to the whole issue and she feels they should look at this again, before they give their recommendation to the Council this year. (TAPE ENDS) DEER MANAGEMENT 2005-2006: Bow hunting recommendation - Farrant asked if anyone wanted .to take responsibility for creating this recommendation. Goff stated that he would work on this with Nagel, and they will have something for members before the next meeting. Questions were raised again about the Council's procedure with the Deer Task Force recommendations. Dulek noted that most likely the topic will be raised at a Council work session, and if four members agree to have the ordinance amended, the issue will be placed on the regular meeting agenda. At that time the Council would let City staff know how they want the ordinance written. Jochimsen asked the members where they stand on the recommendation, as he was not present at the last meeting when it was made. Farrant noted the vote was 5 to 2, and did carry. Jochimsen stated that he would have voted for it and Sidwell stated he would have voted against it. Discussion then turned back to exactly what the Task Force recommendation is. Nagel asked if they were ready to have a motion made that would state the next year they carry out deer management, by both sharp shooting and bow hunting. Discussion continued over the wording of this recommendation. Nagel moved that the Deer Task Force recommends to City Council that the City request the necessary authorization from the IDNR. for 2005-2006 Deer Management by sharpshooting and bow hunting, under the guidance of IDNR.; seconded by Szymkowiak. Motion carried 5 to 3; Martin absent; Ashman, Farrant, Sidwell voting in the negative. · Other issues-None. EDUCATION AND OUTREACH: · Follow-up: Larry Stone Educational Program - Several members noted that they had attended Larry Stone's program and that it was well received. · "Humane Solutions to Conflicts with Wildlife" - Ashman asked the members if they were interested in taking a look at the "bigger picture" - seeing why they arc in the situation that they are with deer - looking at ways to minimize plant damage where people live, and what their expectations are, etc. Szymkowiak asked if she was looking at actual recommendations being made to the City Council, and Ashman stated that she was talking more about public education. Szymkowiak noted that he feels they should make recommendations to the Council, so that actual changes take place. Nagel noted that he is not in favor of this as he read an article recently regarding a Humane Society representative. Ashman noted that her ideas have nothing to do with the Humane Society. COMMUNITY COMMENT: Farrant introduced Gary Brown, and noted that members had received a copy of his letter. Brown stated that he would like to have the opportunity to make a proposal to the City regarding their deer kill contracting. After a brief discussion, it was suggested that Brown contact the City directly as they make the choice, not the Deer Task Force. OTHER BUSINESS: None. SET AGENDA AND TIME FOR NEXT MEETING: Tuesday, April 26, 2005, at 5:45 P.M., Lobby Conference Room, City Hall. ADJOURN: Meeting adjourned at 7:20 P.M. Minutes submitted by Laura Berardi Deer Management Task Force Attendance Record 2005 1/18 2/15 3/1 3/22 4/19 J. Ashman X A X X X L. Dykstra X X X X. X P. Farrant X X X X X H. Golf X X X X X M. Jones X A A X A P. Sidwell A × X A X A. Nagel X X X X X P. Jochimsen X A X A X G. X X X Szymkowiak Key: X = Present A = Absent NM = No Meeting MINUTES DRAFT Iowa City Airport Commission April 14, 2005 Iowa City Airport Terminal - 5:45 PM Members Present: Randy Hartwig, Chair; Carl Williams; Dan Clay; Michelle Robnett; John Staley Staff Present: Sue Dulek Others Present: Dave Hughes, Earth Tech; Michael Tharp, Elizabeth Freiburger Interns; Kim Brogan-Coleman, Ron Duffe, Herrel Timmons. DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:48 PM. RECOMMENDATIONS TO COUNCIL: Request that City Council authorize the Mayor to appoint Dan Clay as a non-voting, advisory member to the Commission. APPROVAL OF MINUTES FROM MARCH 10, 2005: Staley moved, Robnett seconded. Motion passed 5-0 PUBLIC DISCUSSION: None ITEMS FOR DISCUSSION/ACTION: A. Eastern Iowa Big Kids Toy Show: Ron Duffe and Herrel Timmons gave an update on the event including how they are going to arrange the displays. B. Runway 07 Project - Earth Tech: David Hughes stated that the FAA grant application for the next phase (3) has been prepared. Mr. Clay moved that the Commission make application for the FAA grant, and Ms. Robnett seconded the motion. Motion passed 5-0. Mr. Hughes also reported that survey work is in process. C. Aviation Commerce Park: Harry Wolf was unable to attend. Mr. Hartwig and Mr. Clay met with Mr. Wolf to get an update. Finalization of the Wal-Mart sale is needed before going forward on remaining ACP lots. The Wal-Mart sale is proceeding on schedule. D. Strategic Plan - Implementation: Mr. Hartwig gave a summation of the Strategic Plan objectives and the current status of work towards achieving them. E. Airport Budget: Mr. Hartwig indicated that the issue of hangar leases should be addressed in the next few months in order to allow a more timely issue of new leases. F. Airport Management: Ms. Robnett outlined some management arrangements that she and interns are working on for further discussion. It was agreed that setting a permanent management arrangement is a priority. G. Obstruction Mitigation Project - Stanley Consultants: There is little remaining in this project. There is still some funding available and the Commission is looking at possible alternative uses that would meet the DOT's approval. H. Airport Viewing Area: Discussion centered on the status of getting approval from the FAA. We need to provide Bill Flannery (Snyder & Assoc.) with more detailed specifications in order for him to submit the needed drawings. The interns are working on getting these details. I. Old United Hangar - Leasing additional space to Kim Brogan: Eastern Iowa Pilots Association is interested in leasing the remaining half of the Old United Hangar. Discussion centered 0n the desirability of the Commission retaining said space for its use. No action was taken on Ms. Brogran's request, and the matter will be on the agenda for the May meeting. J. Howard R. Green Co. - Environmental Assessment costs: Mr. Hartwig and Richard Blum detailed for the Commission the issue ofa H.R. Green invoice reflecting a change order that Mr. Blum stated was approved verbally by the past manager, but never by the Commission. Mr. Hartwig indicated that he was satisfied with the finished product and with Mr. Blum's explanation and desire to ensure that a similar occurrence would not occur in the future. Mr. Clay moved and Mr. Hartwig seconded the motion to authorize payment. Motion carried 5-0. K. Non-Voting Member - Mr. Clay will be moving outside City limits and he desires to continue to serve. Mr. Staley moved and Mr. Williams seconded a motion to request that the Mayor appoint Dan Clay as a non-voting, advisory member of the Commission. Motion passed 4-0, with Mr. Clay abstaining. CHAIRPERSON'S REPORT: Mr. Hartwig congratulated Jill and Justin Fishbaugh on the recent completion and test flight of their homebuilt airplane. COMMISSION MEMBERS' REPORTS: Members thanked Mr. Clay for his service and urged the City to annex his new address. STAFF REPORT: Sue Dulek indicated the Commission opening has been advertised and that the Council could appoint at the May 17 meeting. SET NEXT REGULAR MEETING FOR: MAY 12, 2005, AT 5:45 P.M. ADJOURN: Meeting adjourned at 8:30 PM.