Loading...
HomeMy WebLinkAbout2001-04-17 Info Packet of 4/12 CITY COUNCIL INFORMATION PACKET APRIL 16 WORK SESSION ITEMS IP1 Conference Board Meeting Materials IP2 Memorandum from Parking & Transit Director and Planning & Community Development Assistant Director: Discuss Parking Options for New Iowa City Public Library IP3 Memorandum from Parking & Transit Director: Downtown Shuttle IP4 Memorandum from City Attorney: Smoking in Public Places/Restaurants MISCELLANEOUS ITEMS IP5 Memorandum from City Manager: Housing Authority/Income Exclusions IP6 Memorandum from City Manager: PCRB IP7 Memorandum from City Manager: Internet Purchasing IP8 Memorandum from City Manager: Funding for City Park Trail Project IP9 Memorandum from City Manager: Language Line (Interpreter Service) IP10 Memorandum from City Clerk: April 2 Council Work Session IPll Iowa City Police Department Monthly Bar Check Report - March 2001 IP12 Letter from Paul Scranton (Iowa Police Executive Forum) to Police Chief: Racial Profiling IP13 Letter from Traevena L. Potter-Hall to Chief of Police: Appreciation IP14 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year '99 Total, FY00 and 01 Monthly IP15 Letter from Timothy Walker (Northside Neighborhood Association) to Northside Neighborhood Property Owners: Neighborhood Issues IP16 Letter from Timothy Walker (Northside Neighborhood Association) to Housing and Inspection Services Director: 510 Ronalds Street IP17 Memorandum from Airport Manager: Aviation Commerce Park (fna - North Commercial Area) IP18 Email from Council Member Pfab: Camel's Nose Fable IP19 Email from Carol DeProsse to JCNEWS: Drugs [2] IP20 Email from Carol DeProsse to JCNEWS: Police Economic Development Committee: Agenda packet (Previously distributed) April 12, 2001 Information Packet (continued) 2 Memorandum from Housing Administrator: Fire at 2655 Indigo Current/Proposed City Council Schedule (distributed at 4/16 Work Session) I04:12-0'1 omc oF I P 1 IOWA CITY ASSESSOR JOHNSON COUNTY ADMINISTRATION BUILDING DAN L. HUDSON ASSESSOR DENNIS BALD~DGE DEPUTY CAROLYN BURKE DEPUTY April 10, 2001 Dear Conference Board Member: The meeting of the Iowa City Conference Board to appoint a Board of Review member is scheduled for Monday, April 16, 2001 at 6:30 P.M. at the Iowa City Civic Center. Enclosed, so you may review the information before the meeting, are: 1. The Agenda 2. A copy of the March 5, 2001 minutes 3. Board of Review applications 4. An outline for the April 18 informational meeting If you have any questions about the budget, or anything else, feel free to call me. Sincerely, Dan L. Hudson Iowa City Assessor 913 SOUTH DUBUQUE STREET · POST OFFICE BOX 1350" IOWA CITY IOWA 52244 TELEPHONE 319-356-6066 April I0, 2001 TO WHOM IT MAY CONCERN: The Iowa City Conference Board will meet at 6:30 P.M. on Monday, April 16, 2001 at the Iowa City Civic Center. The purpose of this meeting is to appoint a Board of Review member. AGENDA: 1. Call meeting to order by the Chairperson. 2. Roll call by taxing body. 3. Act on minutes of March 5, 2001 Conference Board Meeting. 4. Appoint Board of Review member. 5. Discuss outline of informational meeting. 6. Other business. 7. Adjoumment. Dan L. Hudson Clerk, Conference Board CITY CONFERENCE BOARD MARCH 5, 2001 City Conference Board: March 5, 2001, 6:34 P.M. in the Council Chambers at the Iowa City Civic Center. Mayor Ernie Lehman presiding. Iowa City Council Members Present: Champion, Kanner, E. Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum. Johnson County Supervisors Present: Hamey, M. Lehman, Neuzil. Iowa City School Board Members Present: Goodlaxson. Others Present: Hudson, Baldridge, Burke, Arkins, Helling, Karr. Tape Recorded: Reel 01-29, Side 2. Chair E. Lehman called the meeting to order and Clerk Hudson called roll and stated that a quorum was present, the School having only one member present will not have vote recorded. The City moved to accept the minutes of the last Conference Board meeting, as corrected, February 5, 2001. County seconded and the motion carried, 2/0. Chair E. Lehman declared the public hearing open. There being no comment from the public, the public hearing was declared closed. During discussion on the budget, the City moved to modify the salary increases to 3.25%. The motion died for lack of a second. The City moved to adopt the proposed budget that was published in the Iowa City Press Citizen on February 13, 2001, and the School seconded. Motion carried, 2/0. Chair E. Lehman declared the public hearing to amend the current budget open. Clerk Hudson explained the amendment. There being no comment from the public, the public hearing was declared closed. The City moved to approve the amendment of the current Iowa City Assessor's Special Appraisers budget, and the County seconded. Motion carried, 2/0. The recent vacancy on the Board of Review was announced, the vacancy due to the architect moving out of state. The Clerk will see that the vacancy is advertised and a tentative meeting time for the appointment was set for Monday, April 16, 2001 at 6:30 P.M. The School moved to have the Conference Board Clerk set a meeting of the · Examining Board for sometime in late summer. This will start the process to appoint a new assessor. The County seconded and the motion carried, 2/0. There being no further business, it was moved by the City, seconded by the School to adjourn at 6:44 P.M. Motion carried unanimously, 2/0. Dan L. Hudson Clerk, Iowa City Conference Board CITY OF IOWA CITY , ADVISORY BOARD/COMMISSION ;. '- APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council ~o..~ matter_s of interest to our community and its future. Applicants must reside in Iowa City. After a vacancy has been announced, the Council reviews all applications during the work session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED 'CONFIDENTIAL" THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME ,~//-/?J~ (:~' ,~E~(~E~/.,d TERM NAME ~l~r ~8~rf/g HOMEADDRESS 3Z~ ~ Is your home address (listed above) within the corporate limits of Iowa City? ~ Yes __ No Now long have you been a resident of Iowa City? ~ )CCUPATION ~r~r EMPLOYEft ~~ ~HONE NUMBER: HOME 31~' ~' ~ BUSINESS ~' ~ '7~7~ ~XPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: A/HAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? / NHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) Z SPECIFIC ATTENTION SHOULD BE DIRECTED TO A POSSIBLE CONFLICT OF INTEREST. PLEASE LIST ANY PRESENT AFFILIATIONS YOU HAVE WITH AGENCIES WHICH MAY APPLY FOR FUNDING FROM THE CITY. AFFILIATION MEANS BEING A BOARD MEMBER OR EMPLOYEE OF THE AGENCY. OTHER TYPES OF AFFILIATION MUST BE EXAMINED ON A CASE-BY-CASE BASIS BY THE CITY ATTORNEY'S OFFICE. YOU SHOULD KNOW THAT SECTION 362.5 OF THE CODE OF IOWA GENERALLY PROHIBITS, WITH CERTAIN IMPORTANT EXCPETIONS, A MEMBER OF A CITY BOARD OR COMMISSION FROM HAVING AN INTEREST IN A CITY CONTRACT. A COPY OF SECTION 362.5 IS ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY ATTORNEY' S OFFICE AT 356-5030. IF YOU ARE UNCERTAIN WHETHER OR NOT A POTENTIAL CONFLICT OF INTEREST EXISTS, PLEASE LIST THE AGENCY AND THEN CONTACT THE CITY ATTORNEY'S OFFICE. IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? ~' YES NO DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES X' NO (It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer all questions on the application you may not be considered for appointment. CITY OF IOWA CITY ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. After a vacancy has been announced, the Council reviews all applications during the work session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED 'CONFIDENTIAL" THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME nn~ra n~= l~vi~w TERM ~ix NAME Dick Donahue HOME ADDRESS 1515 Dubuclue Road Is your home address (listed above) within the corporate limits of Iowa City? X Yes No How long have you been a resident of Iowa City? 32 years OCCUPATION Senior Project Hanager/Estimator . EMpLOyERMcComas-Lacina Construction LC PHONE NUMBER: HOME 319-354-2819 BUSINESS 319-338-1125 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Graduated from the University of Iowa, Construction business for over 30 years, experience in cost estimating and budgets. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Reviews assessed values - taxable property, and familar with some of the board members. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Experienced in costs, construction and land values as well as interested in civic contribution. SPECIFIC ATTENTION SHOULD BE DIRECTED TO A POSSIBLE CONFLICT OF INTEREST. PLEASE LIST ANY PRESENT AFFILIATIONS YOU HAVE WITH AGENCIES WHICH MAY APPLY FOR FUNDING FROM THE CITY. AFFILIATION MEANS BEING A BOARD MEMBER OR EMPLOYEE OF THE AGENCY. OTHER TYPES OF AFFILIATION MUST BE EXAMINED ON A CASE-BY-CASE BASIS BY THE CITY ATTORNEY'S OFFICE. YOU SHOULD KNOW THAT SECTION 362.5 OF THE CODE OF IOWA GENERALLY PROHIBITS, WITH CERTAIN IMPORTANT EXCPETIONS, A MEMBER OF A CITY BOARD OR COMMISSION FROM HAVING AN INTEREST IN A CITY CONTRACT. A COPY OF SECTION 362.5 IS ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY ATTORNEY' S OFFICE AT 356-5030. IF YOU ARE UNCERTAIN WHETHER OR NOT A POTENTIAL CONFLICT OF INTEREST EXISTS, PLEASE LIST THE AGENCY AND THEN CONTACT THE CITY ATTORNEY'S OFFICE. IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? X' YES __NO DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES X' NO {It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer all questions on the application you may not be considered for appointment. ,:leiMbdcomapp.doc January 1998 OUTLiNE FOR APRIL 18, 2001 INFORMATIONAL MEETiNG I. Introduction of participants II. Assessor presentation A. Why re-assess every two years? B. What happens if we do not reassess? C. What should value reflect? 1. Market Value 2. Equality 3. Land Value is location D. Test and proof that values are valid E. Why did we hire Vanguard? III. Vanguard presentation IV. Response to written questions City of Iowa City MEMORANDUM DATE: April 9, 2001 TO: City Council FROM: Joe Fowler, Director, Department of Parking and Transit ~ Jeff Davidson, Asst. Director, Dept. of Planning and Community Development RE: April 16 work session: Discuss parking options for new Iowa City Public Library With the reconstruction of the new Iowa City Public Library commencing shortly, and the decision to market the parcel 64-1a property, we have been asked to develop options for short-term parking for the Library. We have developed two options for discussion at your April 16 work session. Angle parking on Linn Street The Library Board has formally stated to the City Council that they would like to have angle parking considered for the half block of Linn Street in front of the Library. This block was not converted to angle parking a couple of years of ago when we converted the blocks on either side of the Library to angle parking, because it is too narrow to maintain adequate lane width on Linn Street for traffic circulation. However, similar to our angle parking conversion on Clinton Street last year (which has been very favorably received by the public), the reconstruction of the Library gives us the opportunity to reconstruct this half-block of Linn Street to accommodate angle parking. There are both positive and negative aspects to reconstructing the half block of Linn Street in front of the library to angle parking. The positive aspect is that you would be converting an area with five parallel parking spaces to six angle parking spaces. While this is not a great number of spaces gained, on-street angle parking is the publids favorite type of parking, and the gain of even one space is a positive impact. Angle parking spaces are perceived as much easier to get in and out of than parallel spaces, and that is especially true in this block of Linn Street. The all-way stop at the intersection of Linn and College, and the traffic signal at the intersection of Linn and Washington create fairly long queues of traffic which make it difficult to parallel park in this block of Linn Street. We are certain the conversion of this half block to angle parking would be perceived positively by the public. You are already aware of the higher incidence of fender-bender type accidents with angle parking. Other negative aspects of the conversion from parallel to angle parking include the need to narrow the sidewalk in order to create adequate lanes for traffic on Linn Street. The existing sidewalk is 18 feet wide and would need to be narrowed to 10 feet wide to accommodate angle parking. The ten foot width is basically the effective width of the traveled portion of the existing sidewalk; the remaining 8 feet is taken up with streetscape elements which include three streetlights, three trees, and bike racks. It is our belief that the three street lights could be relocated to the end islands at either end of the proposed angle parking, as well as to a six-foot wide center island similar to the midblock islands that were left when Clinton Street was reconstructed for angle parking. The three trees would likely need to be removed, although one or two of them might possibly be relocated. We do not believe the end islands and six-foot wide center island would provide suitable planting areas for trees. The bike racks are also problematic, in that they are relatively heavily used and we do not believe the number of bike parking spaces in this area should be reduced. If you approve the construction of April 9, 2001 Page 2 angle parking in this area, we believe the Library's architect should attempt to find space somewhere within the Library project for relocation of these racks so that there is no net loss of spaces. It is especially important to have bike racks visible where the pedestrian mall begins so that people are discouraged from riding their bikes in City Plaza. The Engineering Division has preliminarily laid out the angle parking and determined that it should be constructed with a 30° angle similar to what was constructed on Clinton Street last year. The estimated expense for the half block is $44,000. It is our understanding that this half block will have to be reconstructed under any circumstances following construction of the new library. Dubuque Street Ramp We have also explored the possibility of converting a portion of the Dubuque Street Ramp to short- term parking. We have developed a solution that would establish a convenient short-term parking area on the lower levels of the ramp accessed off of Linn Street, and long-term parking in the remainder of the facility accessed from Dubuque Street. An example of a similar facility is the current parking area at the Eastern Iowa Airport. There is a single large parking lot with separate entrances for short-term and long-term parking, with a single exit. The proposal for your consideration would take the parking spaces located below grade and at street level off of Linn Street and reserve them for short-term parking. The Linn Street entrance would become exclusively a short-term parking entrance and the Dubuque Street entrance would become the long-term parking entrance. An exit gate would be installed within the ramp to separate the two areas and allow short-term parkers to merge with long-term parkers to exit the ramp at Dubuque Street. This configuration would create a short-term parking area of approximately 90 general spaces and six handicapped short-term spaces immediately off of Linn Street. This is approximately 15% more spaces than on the current 64-1a lot. Short-term parkers would not have to circulate throughout the levels of the Dubuque Street ramp to access these spaces or to exit the ramp. The estimated cost for reconfiguring the Dubuque Street Ramp as proposed would be $10,000 for operating equipment and barriers. These could be installed in a temporary fashion that would allow for conversion back to the present configuration if it did not receive public approval, or if satisfactory short-term public parking is established in the eventual 64-1a project. If the facility was converted back, the operating equipment and barriers purchased would go back into the Parking Division inventory and be used in other facilities. Let's discuss these options at the April 16 meeting. cc: City Manager Director of Planning City Engineer Economic Development Coordinator jccogtp\memos\temprkngdoc City of Iowa City I MEMORANDUM TO: Steve Atkins, City Manager / FROM: Joe Fowler, Director, Parking and Transit..~---/ DATE: April 2, 2001 RE: Downtown Shuttle During the recent budget discussion by Council two issues were raised concerning the Downtown Shuttle, a $.25 fare and discontinuing service during the summer months. Currently the Downtown Shuttle carries 187,000 riders per year. The majority of these rides occur during the University of Iowa's academic year. A rider survey conducted by JCCOG indicated that 25% of the riders would drive and park in the CBD if the shuttle were not available. During the times of highest usage the Shuttle carries between 1,400 and 1,600 riders per day. Without the shuttle there could be an increase of 175 to 200 vehicles per day in the CBD. When the University is not in session the shuttle averages 400 riders per day. The increase in parking demand during this time is estimated at 50 vehicles per day. The area served by the shuttle previously had service from four bus routes. These routes did not have a dramatic decrease in ridership when the Shuttle began service. This indicates that the Shuttle's success is based on two factors, the service is free and it is frequent. Charging $.25 for the Shuttle would have two negative effects. First, it would no longer be viewed as free and secondly, charging a fare would increase the time needed to board passengers. This would result in reducing service from four to three trips per hour. Both of these factors would result in reduced ridership and an increase in vehicles in the CBD. We estimate that Shuttle ridership will be reduced by 50% if a fare is charged. The first to stop riding will be those with other transportation. This will increase the demand for parking. Old Capitol Town Center has recently contacted me regarding parking in the Capitol Street Ramp. They have said there is a concern by potential leaseholders that there is not adequate capacity in the ramp for the new customers they would attract. Charging a fare for the Shuttle could result in an even further reduction in available parking. The opening of Tower Place will increase the parking inventory in the CBD but the addition of seven new commercial properties in the facility will increase demand. We can not count on these spaces to meet the current demand for parking. The purpose of the Shuttle was to reduce the demand for parking in the CBD by providing alternative transportation. I believe instituting a $.25 fare will reduce the impact of the Shuttle resulting in higher parking demand. This increase coupled with the closing of the Linn Street Lot could result in full parking facilities from mid-morning until mid-afternoon. The second Shuttle issue was discontinuing service during the months the University is not in full session, June, July, and the majority of August. While this reduction would also have an effect on parking demand it would be substantially less. Reallocation of the service hours that could be saved by eliminating summer service would open several transit possibilities. The initial thought was to have half hour service on the OakcrestJTowncrest routes during the academic year. These areas currently have high April 2, 2001 Page 2 ridership but offer the opportunity for even higher ridership because of the amount of multi- family housing units located along the routes. A second option was to fulfill a request to extend service to the Scott Industrial Park. We have received a request to serve a warehouse in the area that expects to substantially expand its employment. In summary, I believe adding a $.25 fare to the shuttle will result in a major reduction in ridership and an increase in parking demand. Eliminating summer Shuttle service will also increase the demand for parking but it is in our low demand months and would allow the hours to be reassigned to other areas of the City. Parking~memos\downtown shuttle.doc City of Iowa City MEMORANDUM Date:April 4, 200 ] To: City Council ~ From: Eleanor Dilkes, City Attorney Re: Smoking in Public Places/Restaurants Chapter 142B of the Iowa Code prohibits smoking in "public places" except in a designated smoking area. A copy of the definition of "public place" is attached. No public place other than a "bar" may be designated as a smoking area in its entirety. "Bar" is defined as "an establishment or portion of an establishment where one can purchase or consume alcoholic beverages.....but excluding any establishment having table and seating facilities for serving of meals to more than fifty people at one time and where, in consideration of payment, meals are served at tables to the public." So, any establishment which sells alcohol and has table and seating facilities for serving meals to more than 50 people at a time must have a designated non-smoking area. On November 14, 2000, the Iowa Attorney General issued an opinion that a city ordinance which prohibited smoking in any public place would not be inconsistent with or in conflict with Chapter 142B. This opinion gives the City considerable latitude to regulate smoking in public places. In October 2000 the Johnson County Tobacco Free Coalition presented the Council with a proposed smoke-flee restaurant ordinance. The proposal prohibited smoking in a public place that is a "restaurant" and defined "restaurant" as a business selling food for on-premises consumption whose sales of alcohol account for less than 50% of the establishment's gross receipts, i.e. if sales of alcohol are 50% or more of gross receipts smoking is not prohibited. The proposed ordinance also exempts "bars" using the definition of"bar" under 142B. So, the upshot is that in businesses where food is sold for on-premises consumption smoking is prohibited unless sales of alcohol account for 50% or more of gross receipts or alcohol is sold and there is not table and seating facilities for serving of more than 50 people. This essentially creates two standards for what is a "bar" and what is a "restaurant". Ames has recently passed an ordinance which generally prohibits smoking in public places, with certain exceptions, including food establishments between the hours of 8:30 p.m. and 6:00 a.m., establishments with less than 10% food sales, qualified truck stops, bowling alleys during certain hours, and various other exceptions. A copy of the Ames ordinance is attached. I need direction from you as to where and when you desire to prohibit smoking. Please keep in mind that many establishments which are generally referred to as bars also offer food services to patrons. Any restrictions or prohibitions relating to restaurants may apply to such establishments, depending on how we define food establishments, and what exceptions you may permit, such as ones based on a percentage of food sales and time of day. Accordingly, to assist me in draining an ordinance, I request responses to the following questions: 1. Do you wish to prohibit smoking in all "public places" or just in restaurants (places where food is sold for on-premises consumption)? 2. Do you wish to set time limitations during which times smoking is permitted (similar to the Ames ordinance), and if so, for what time periods? 3. Do you wish to have limitations based upon percentage of food sales, and if so, what percentage? 4. Rather than or in addition to basing the limitation on percentage of food sales, do you wish to exempt establishments that serve alcohol and have seating for less that 50? 5. Do you desire that certain types of establishments be exempt, such as truck stops or bowling alleys, and rented rooms for private social events? 6. Do you wish to prohibit minors from being in smoking areas? 7. Do you wish to include smoking prohibitions on outdoor seating areas? 8. What do you wish the penalty to be? Under Chapter 142B the penalty against both the owner/manager who fails to designate a no-smoking area and a person who smokes in a designated no-smoking area is $25.00 civil penalty. Violation of the City's no smoking provisions would be a municipal infraction. Under City Code municipal infractions, unless otherwise specified, are $100/$250/$500 for first, second and subsequent offenses but a specific penalty may be provided and can be up to $500 for the first offense and $750 for subsequent offenses under State Code. With guidance from the Council, we should be able to put together a draft of an ordinance for Council review in relatively short order. cc: Stephen Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Andy Matthews, Assistant City Attorney AndyXMemo\Cig. Council.44--01 1307 SMOKING PROHIBITIONS, §142B.6 142B.1 Definitions. 2. Smoking areas may be designated by per- ks used in this chapter unless the context other- sons having custody or control of public places, ex- wise requires: cept in places in which smoking is prohibited by the 1. "B "means an establishment or port/on of fire marshal or by other law ordinance, or regula- a~ment where one can purchase and con- tion. sume alcoholic beverages as defined in section 3. Where smoking areas are designated, exist- 123.3, subsection 4, but excluding any establish- ing physical barriers and existing ventilation sys- ment or portion of the establishment having table tems shall be used to minimize the toxic effect of and seating facilities for serving of meals to more snmke in adjacent nonsmoking areas. In the case of than fifty people at one time and where, in consid- public places consisting of a single room, the provi- eration of payment, meals are served at tables to sions of this law shall be considered met if one side the public. of the room is reserved and posted as a no-smoking 2. "Public meeting" means a gathering in per- area. No public place other than a bar shall be des- son of the members of a governmental body, wheth- ignated as a smoking area in its entirety. If a bar er an open or a closed session under chapter 21. has within its premises a nonsmoking area, this 3. " .' 'nne~rea~n;u~yiyc enclosed indoor designation shall be posted on all entrances nor- place of work containing two hundred fifty or more If the public place is subject to any state inspet- square feet of floor space, including, but not limited tlon process or under contract with the state, the to, all restaurants with a seating capacity greater person performing the inspection shall check for than fifty, all retail stores, lobbies and malls, of- compliance with the posting requirement. fices, including waiting rooms, and other emnmer- A facility inspected by the department of inspec- cial establishments; public conveyances with de- tions and appeals shah be inspected by the depart- partures, travel, and destination entirely within ment for compliance with sections 142B.3 and this state; educational facilities; hospitals, elinits, 142B.4. nursing homes, and other health care and medical 4. Notwithstanding subsection I of this see- facilities; and auditoriums, elevators, theaters, li- tion, smoking is prohibited on elevators. braries, art museums, concert halls, indoor arenas, [C79, 81, §98A.2] and meeting rooms. "Publicplace" does not include 87 Acts, ch 219, §2; 90 Acts, ch 1189, 52 a retail store at which fifty percent or nmre of the C93, 5142B.2 sales result from the sale of tobacco or tobacco prod- uctsl the portion of a retail store where tobacco or 142B.3 Responsibilities of proprietors. tobacco products are sold, a private, enclosed office The person having custody or control of a public occupied exclusively by smokers even though the place or public meeting shall make reasonable ef- office may be visited by nonsmokers, a room used forts to prevent smoking in the public place or pub- primarily as the residence of students or other per- lic meeting by posting appropriate signs indicating sons at an educational facility, a sleeping room in a no-snmking or smoking areas and arranging seat- motel or hotel, or each resident's room in a health ing accordingly. care facility. The person in custody or control of the [C79, 81, §98A.3] facility shall provide a sufficient number of rooms 87 Acts, ch 219, 53 in which smoking is not permitted to accommodate C93, § 142B.3 all persons who desire such rooms. 4. "Smoking" means the carrying of or control 142B.4 Areas posted. over a lighted cigar, cigarette, pipe, or other lighted A person having custody or control of a public smoking equipment. place or public meeting shall cause signs to be [C79~ 81, 598A.1] posted within the appropriate areas of the facility 87 Acts, ch 219, 51; 90 Acts, ch 1189, §1 advising patrons of smoking and no-smoking C93, 5142B. 1 areas. In addition the statement "Smokingprohib- ited except in designated areas" shall be conspicu- ously posted on all major entrances to the public 142B.2 Prohibition. place or public meeting. 1. A person shall not smoke in a public place or [C79, 81,598A.4] in a public meeting except in a designated smoking 87 Acts, ch 219, §4 area. This prohibition does not apply in cases in C93, §142B.4 which an entire room or hall is used for a private social function and seating arrangements are un- 142B.5 Reserved. der the control of the sponsor of the function and not of the proprietor or person in charge of the 142B.6 Civil penalty for violation -- uni- place. This prohibition does not apply to factories, form application. warehouses, and similar places of work not usually A person who smokes in those areas prohibited frequented by the general public, except that an in section 142B.2, or who violates section 142B.4, employee cafeteria in such place of work shall have shall pay a civil fine pursuant to section 805.8, sub- a designated nonsmoking area. section 11 for each violation. 04/11/01 WED 15:56 FA~X 5152305142 CITY OF AMES ~001 CHAPTER 21A SMOKING IN PUBLIC PLACES Sec. 21A.100. PURPOSE. The purpose of the provisions of this chapter, Sections 21A. 100 titrough 21A.300 of the Municipal Code of d~e City of Ames, Iowa, is tO augment the provisions of chapter 142B, Sections 142B. 1 through 142B. 6 Code of Iowa, by prohibithiS smoking, as sumklng is dothod by Section 142B. 1(4) Code of Iowa, in public places, as 'public place' is defined m Section 142B. i (3) Code of Iowa, to prevent the designation in those public places of any smoking area in accordance with Section 142B 2(2) Code of iowa, Sac. 2IA.101. PUBLIC PLACES WI:LERE SMOKING IS PROHIBITED. Smoking, as defined by Subsection 142B.1(4) Code of Iowa, is proh~ited in any establishment that is a "public place" as defined by Subsection 142B. 1(3) Code of Iowa. Sac. 21A.102. DESIGNATION OF SMOKING AREA PROHIBITED. The person having custody or con~xol of any place that is a 'public place' as defined by Section 142B.1(3) Code of Io wa, shall not designate any part or portion of that place as a smoking area pursuant to Section 14ZB .2(2) Code of Iowa. SeC. 21A.20f. FOODEgI'ABLISILMENT, TIME-OF-DAYEXEMFFION. The provisions of Section 21A. 101 and Section 21A. 102 of the Municipal Code of the City of Ames, Iowa shah not apply to a food cstablishn~ent as defined by Section I37F. 1(8) Cede of lowa during that tL, nc betwccn 8:30 p.m. and 6:00 a.m, Durthg that time such food establishment may designate a smoking area in accordance w~th Section 142B.2(2) Code of Iowa_ Such food establishment that tcrmmat~ food service at the establishment on a consistent and regularly scheduled basis at a time esther vha,~ 8:30 p.m. shah no~, during the me period between such earlier time and 6:00 a,m., be subject to Sections 21A.101 and 21A.102 of the Municipal Code of the city of Am~, Iowa, and may, between such. earlier time and 6:00 a.m. designate a smoking area in accordance with Section 14213.2(2) Code of Iowa. Sec. 21A.I01. LESS THAN TEN PERCENT gXEMPTION. The provisions of Sections 21A.101 and 21A.102 oftbe Municival Code of the City of Ames, Iowa shall not apply to a food establishment as defined by Section 137F. 1(8) Code of Iowa that is also a licensed premises as deemed by Section 123.3(20) Code of Iowa ifnon..alcoholic food sales at such establishment are less than ten percent of the dollax amount of sales of all kinds at that estab!i~hmr'nt~ alJzt thcxc has been filed w~rh ~ ~ Cily Clerk the sworn affidavit of the person in custody and centtel of the es~ablishir~nt attesting to that fact The sales price of non-alcoholic food that is delivered f~om a food cstablishmc~xt as defined by 137F.1(8) Code of Iowa to a licensed premises as defined by Section I23.3(20) Code of Iowa for cox~umption on ~be pren~ises to which it is delivcxed, shall be included in computing the dollar anmunt of non.alcoholic food sales end the dollar amount of sales of all kinds of the calablIRhment to which the non-alcoholic food is delivered, for purposes of computing the percentage of non-alcoholic food sales at the establishment for which the c'xCmpL~On under this section is sought. Scc. 21A.202. TRUCK STOI' EXEMI'TION.. (a) The provisions of Section 2 tAA01 and 21A,102 of the iviuniciDal Code of the city of Ames, Iowa shall not apply to that portion of a public place, ~ public place is defined in Section 142B. 1 (3) Code of Iowa, tliat is a fully enclosed room within such public place, and which fully enclosed room has a forced air ventilation system that is separate from th~ vcntilalion system for the remainder of the said public place in which such room is located Sup # 2001-2 21A-I Roy. 4-1-01 04/11/01 WED 15:56 FAX 5152395142 CITY OF AMES ~002 if the said public place is a food establishmcnt as defined by Section 137F. 1(8) Code of iowa that; (i) is located within 1,000 feet of Intersrite Highway 35; (ii) provides parking spaces for more than twelve semi-tractor xrailers; and (i/i) his filed with the Ames City Clerk the sworn affidavit of the person in custody and control of the establishment that the estabbshinent has, in addition to its food sales, sales of diesel fuel that on avenge, over a calendar year, amount to more than twelve thousand gallons per month, as shown by records made in the regular course of that establishmeat's business and filed with the said affidavit. (b) In the cv~nt that thc dinrag arcs of such public place as ts the subject of this section is cxpandcd subsequent to the establishment of an exempt room provided for in this section. thcrc shall be no increase in the area of the said exempt room. See. 21.4..203. BOWLING ALLEY EXEMPTION. (a) Thc provisions of Scction 21A.1O 1 and 21A.102 of the Municipal Cedc of the City of Ames, Iowa shall not apply, during the time between the hours of 6:00 p.x~ and the following 6:00 a_mn. on all days and between 3:00 p.m. Thursday and the following 6:00 a_m., to a public place as public place is defined by Section 142B. 1 (3) Code of Iowa, thax offors_.the us~ of not less ttmn twelve full scale bowlrag lanes that are each equipped with op~rable automatic pin getling apparatus. During the times stated in this an:lion, such public place with bowling lanes as aforesaid may designate a smoking area in accm'dance with Section 142B.2(2) Code of Iowa. (b) The provisions of Section 21A. 101 and 21A. 102 of the Municipal Code of the CiW of Ames. Iowa shall not apply to that portion of a public phce, as public place is defmed in Section 142B. 1 (3) Code of Iowa. that is a fully enclosed room within such public phce winch room has a forced air ventilation system that is separate from the ventilation system for the remainder of the public place m winch such room is located, if the said public place offers the use of nat less than twelve full scale bowling lmxes each equipped with opcrable automatic pin setting apparatus. Sec, 21A,204, RENTED ROOM SOCIAL EVENT EXEMPTION. Section 21A. 101 and 21A. 102 of the Municipal Code of the Cih/of Ames, Iowa shall not apply in eases in which an enrke room or hall is used for a privam social function and seating arrangements arc under the coaXtel of the sponsor of the function and not the proprietor or person in charge of the place, all in accordance with Section 142/1.2(1) Code of Iowa. See, 21A,2115. CERTAIN WORK PLACES EXEMi'TION, Section 21A. 101 and 21A. 102 of the Municipal Code of the City of Ames, Iowa shall not apply to factories, warehouses and similar places of work not usually frequented by the general public, all in accordance with Suelion 142B.2(1) Code of Iowa. See, 21A.300. SMOKE-FREE AREAS, HOTELS AND MOTELS. (a) The person ill custody slid conllol of any hotel or motel shah lake such measures as shall be reasonably necessary and effective to keep all lobby areas, coxriders and other common areas of the hotel or motel free from any level of tobacco areeke that can be detected by the unaided li, m-~m sense of smell. C0) Smoking, as defined by subs~clion 142B. 1(4), Code of Iowa, is prolubitcd in any hotel or mot~l lobby. corridor or other common area of the hotel or motel. Sec. 21 A.301. SMOKE-FREE AREAS, CERTAIN ENTRANCES AND EXITS. (a) The person in custody and control of any place that comes within the scope of Sections 21A.200, 21A.201, 21A.202, and 21A.203 of the Municinal Code of the City of Ames, Ion shall lake such measures as sh.ll be reasonably necessary and feasible to m~intain all poinl~ within fifteen fe~t of the main entrance and the main Sup # 2001-2 21A-2 P,~v. 4-1-01 04/11/01 WED 15:57 FAX 5152395142 CITY OF AMES ~003 of such place free from any lcvcl of tobacco smoke that can be detected by the unaided human sense of sine] [. (b) Smoking. nx defined by Subseaon 142B. 1 (4), Code of Iowa, is prohibitexi at any point within fifteen feet of the main entrance and tile main exit of any place that comes within the scope of Sections 21A.200, 21A,201, 21A,202, and 21A.203 of the Muniein',d Code of the City of Ames, Iowa. See. I1A.400. MINORS PROHIBITED IN SMOKING AREAS. (a) The person in custody and control of any place that comes within the scope of Sections 21A.200, 21A.201, 21A.202, and 21A.203 of ~he Municipal Code of the CIty of Ames, Iowa shall take such measures as shall he reasonably necessary and feas~le to prevent persons under the age of eighteen from bcmg pies=at in any a~ea where smoking, ms defined in Subsection 142B.1(4) Code of Iowa, is allowed u~der tile Mun~,eipal Code of the City of Ames, Iowa. (b) It is unlawful for any person unclex the age of eighteen to be pn:scnt in any place where smoking is allowed under the Municipal Code of the City of Ames, Iowa. See. 21A.500. OUTDOOR SEATIiNG AREAS. Outdoor seating aleas shall be subject to the prohx'bifions, provisions and exemptions staled in Sections 21A.101, 21A. 102, 21A.200, 21A.201, 21A.202. 21A.203, 21A.204, 21A.205, 21A.300, 21A.301 and 21A.400, ~e same as indoor seating axeas. See. 11A.600. PENALTY. (1) Vxolauon of Sectxon 21A.102, 2!.A.300(a). 21A.301(a), and 21A.400(a) shall be a municipal infraclion punishable by a civil penalty of $500 for a person's ~st violation thereof, and a penalty of $750.00 for each repeal violation. (2) Smoking in violation of Section 21A. 101.21A.300(b), 21A.301Co), and 21A.400(b) shah be a municipal infraetuon pmusbable by a penalty of $25.00. \,.~. (Ord. lqo. 3608..L6-OI) Sup # 2001-2 21A-3 Rev. 4-1-01 City of Iowa City MEMORANDUM DATE: April 10, 2001 TO: City Council FROM: City Manager RE: Housing Authority/Income Exclusions The Department of Housing and Urban Development (HUD) federal regulations identify mandatory income deductions for all rental assistance programs. The City operates two housing assistance programs; i.e., Public Housing and Section 8 vouchers. Income deductions are used when determining the adjusted income in order to calculate the rent responsibility of the tenant and/or a voucher holder. Examples of mandatory income deductions include childcare and medical expenses for eligible families. In addition, HUD allows discretionary income deductions for public housing only. These are designed to help market troubled Housing Authorities with high vacancy rates in their locally-owned public housing units. The Iowa City Housing Authority consistently operates with a 98% occupancy rate, and therefore is in no need of incentives to lease vacant units. The public housing units of the Iowa City Assisted Housing program receive no rental assistance from HUD, and must cover operational expenses from the rents collected. If additional income exclusions were to be allowed, the negative economic impact on the public housing could be significant. It has been a long-standing policy and the belief of our Housing Authority staff that allowing public housing residents income exclusions which are not allowed by federal law to Section 8 clients is a discriminatory practice. Therefore, we do not recommend a change in the income exclusion policy by allowing for a deduction for child support paid. As a side note, we contacted the Des Moines Housing Authority, and they also do not allow discretionary deductions for child support paid by those in their public housing program. mgr/rnern/income-excl.doc City of Iowa City MEMORANDUM DATE: April 9, 2001 TO: City Council FI~OI~I: City Manager F{E: PCRB The City Council has requested the summary of costs associated with the operation of the Police Citizen Review board (PCRB). The attached summarizes costs. Costs by City Clerk, City Manager and City Attorney can no__t be accurately portrayed in the summary and therefore are no__t included. We have identified, by complaint/allegation, the cost of staff time associated with the Police investigative process as it relates to policies and procedures within the PCRB ordinance. The cost of police officer participation in PCRB forums and related events has no__t been included in this report. Also shown is the cost of the operations of the PCRB on a fiscal year basis. These are primarily for contracted legal counsel and a staff employee. The costs do no__t include the supervisory time of the City Clerk. The City Attorney's Office and the City Manager's Office were also involved in the review of PCRB documents and other reports; however, they are no__.t included in the summary. cc: Chief of Police City Clerk City Attorney PCRB rngr/mem/PCRBcostdoc PCRB Summary as of April 10, 2001 Calendar Year Number of Complaints/Allegations Police Cost 97 7/8 $11,040 98 20/59 $15,010 *Three complaints required reports prepared by City Manager *One person filed 14 complaints 99 10/15 $14,617 00 4/11 $ 6,712 01 tO date 1/1 Pending Fiscal Year PCRB Operations Cost 98 $24,711 99 $38,831 00 $30,437 01 to date $21,980 Note: Of 94 allegations from 42 complaints: 88 not sustained 3 sustained 2 not timely filed 1 pending City of Iowa City MEMORANDUM TO: City Council FROM: City Manager DATE: April 9, 2001 RE: Internet Purchasing At recent Council Work Sessions, the issue of City internet purchasing has been raised. In March of 2000, the City initiated purchase of office supplies over the internet. Use of this service affords the City a discount in addition to convenience for our employees. Authorized employees are able to order directly from their respective computers, and the supplies are delivered to their office typically the next day. We are planning to post commodities and services up for bid as well as used equipment for sale on the City's web site. These will be notices only. City of Iowa City ! IP8 MEMORANDUM DATE: April 9, 2001 TO: City Council FROM: City Manager RE: Funding for City Park Trail Project As you know, we recently received the bad news that we were not awarded a grant for the City Park Trail Improvements. The amount budgeted for this project in FY01 is $440,000 including design and engineering. The grant application was for the amount of $210,000, which means we have an available budget of $230,000 from City sources. The study for this project, completed by the Department of Parks and Recreation, divides the planned improvements into six trail segments. To complete the four segments considered to be the highest priorities would cost approximately $360,000, including design and engineering, and would completely rebuild the trail segments extending from Park Road, through the park, to Normandy Drive. It would also include widening the sidewalk on the north side of Park Road (between the park entrance and the bridge) to tie in with the Iowa River Corridor Trail. By committing the monies from our Intra City Bike Trails and annual maintenance, we can fund the project up to $360,000. I believe this to be a worthwhile allocation of current funding and directed the Parks and Recreation staff to proceed. This project can be under construction sometime this summer. Shoemaker & Haaland Engineers are developing a proposal to complete four of the six segments, with the other two segments as possible add alternates. cc: Terry Trueblood Kevin O'Malley mgr~rnemos\parktraildoc City of Iowa City MEMORANDUM DATE: April 9, 2001 TO: City Council FROM: City Manager RE: Language Line (Interpreter Service) We have recently subscribed to Language Line, an over-the-phone interpreter service. Language Line offers interpreter services from English into more than 140 languages and is available 24 hours a day, seven days a week. This service is being made available for use by all City operations. Language Line will bill on a per minute basis for use of the service. Employees may begin using Language Line following our planned training. Mg~memos~languageln.doc City of Iowa City MEMORANDUM DATE: April 12, 2001 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Council Work Session, April 2, 2001, 6:30 PM in Council Chambers Council: Champion, Kanner, Lehman, O'Donnell, Pfab (arrived 6:35), Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Matthews, Mollenhauer, Winkelhake Tapes: 01-37, Both Sides; 01-38, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented the following items: A. Motion setting a public hearing for April 17 on an ordinance changing the zoning ordinance from General Industrial (I-1) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1. (REZ01-0002/Westport Plaza, Part 2) B. Motion setting a public hearing for April 17 on a resolution amending the Comprehensive Plan to include the North District Plan. C. Public hearing on an ordinance amending the zoning code Article (D), definitions, and Article (L) provisional uses, special exceptions and temporary uses, to allow accessory apartments in accessory buildings. D. Ordinance changing the zoning designation by establishing a Conservation Oveday Zone for properties generally located south of Burlington Street along Governor and Lucas Streets. (First Consideration) E. Ordinance changing the zoning designation from High Density Multi-Family Residential, RM-44, to Sensitive Areas Overlay, OSA-44, for approximately 4.01 acres of property to allow 39 dwellings in three buildings located on the east side of Harlocke Street. (First Consideration/Southgate Development) (Mayor Lehman left for discussion of the item due to a conflict of interest.) In response to Council Member Kanner, PCD Director Franklin stated that a note on the plat gives the same effect as an easement document, and she was not aware of any further discussion between the developer and the neighborhood to resolve issues. City Atty. Dilkes reported she had received correspondence from Atty. Joe Holland representing individuals in the Harlocke-Weeber neighborhood and would provide correspondence prior to Councirs public hearing. Southgate Development Representative Glenn Siders Council Work Session April 2, 2001 Page 2 present for discussion. Majority of Council agreed to set a public hearing for April 17 and schedule first reading of the ordinance on the same agenda. Mayor Lehman returned to the meeting. F. Ordinance amending the zoning code, section 14-61-1Q, to allow adult daycare in commercial zones on streets less than 28 feet in width. AGENDA ITEMS 1. (Item #11 - Resolution establishing a Deer Task Force) In response to Council Member Kanner, Adm. Asst. Mollenhauer replied that various circumstances arise each year regarding development but the task force would not be addressing development issues specifically. Mollenhauer explained that the purpose of the sunset clause was twofold, one generally task forces do not go on forever, and two, would allow Council a chance to reevaluate the task force. 2. (Consent Calendar #-4e(3) - Resolution changing the name of Captain Irish Parkway to Scott Boulevard) In response to Council Member Vanderhoef, PCD Director Franklin stated the original north/south route of Scott was abandoned when the current design was developed, a definite T intersection will develop on the curve, and any plans to cross the Interstate would wait for development of the other portion of the T. Majority of Council agreed to proceed with the renaming of the Street. 3. (Item #15 - Resolution approving an agreement with McClure Engineering for Court Hill Truck Sanitary Sewer Project) In response to Council Member Kanner, staff will provide a memo regarding the project prior to the formal meeting, and address the possibility of using a sleeve insert into existing pipes. PCD Director Franklin and City Mgr. Arkins stated that there was a surcharge issue that necessitated the project. 4. (Item #8 - Resolution amending the City Code ...for regulation of alcohol sales) City Atty. Dilkes and Asst. City Atty. Matthews answered questions related to civil penalties, suspensions, and administrative penalties. Majority of Council directed staff to establish a process to communicate criminal infractions to the Alcoholic Beverages Division, and the preference would be they be pursued at that level first; amend Section 4-6-7A(1) to allow two or more servings to any one person (increase from one serving); reaffirmed no happy hours; and make no special provisions for private (golf) clubs. DISTRICT PLANNING PRIORITIES (IP1 of 3/29 Info Packet) PCD Director Franklin presented information. After discussion Council identified the southwest as a top priority. STAFF ACTION: Upon completion of the North District Plan, staff will proceed with the Southwest District Plan. After the Southwest District Plan is complete, staff will confer with the Planning and Zoning Commission and Council regarding the next district for which a plan should be prepared. (Miklo) Council Work Session April 2, 2001 Page 3 SCHEDULING OF PCRB JOINT MEETING Majority of Council directed the City Clerk to contact PCRB about scheduling a joint meeting on April 19, early in the morning, late in the afternoon, or early evening. Staff will report back. STAFF ACTION: Established meeting for 8:30 a.m., Thursday, April 19 in Council Chambers. (Karr) SUMMER SCHEDULE Council Members will provide absences to the Clerk prior to the April 16 work session to determine meetings with scheduling conflicts. COUNCIL TIME 1. Mayor Lehman noted the recent city assessments done by Vanguard for the City Assessors office in compliance with State Code, and requested an information meeting be scheduled to explain the procedure. The City Manager was asked to contact the chairs of the governing bodies comprising the Conference Board regarding the suggested informational meeting. 2. In response to Council Member Pfab, the City Mgr. reported he had contacted the Principal at Weber School regarding a school crosswalk and has not received a FeSpORSe. 3. Council Member Vanderhoef updated Council on the status of the bottle bill and requested Council reaffirm their position supporting the "Beautiful Land Bill". Majority of Council agreed to have a letter (or e-mail/fax) sent to local legislators immediately stating they were not in support of the current bill on the floor and reaffirming support for the "Beautiful Land Bill". 4. Council Member Vanderhoef raised the question of Council Members appointed to represent Council in government business, and who they individually represented when they go to larger regional kinds of activities; noting Council Member Kanner voted "no" at a recent JCCOG meeting on the movement of STP funds from the South Sycamore Road over to the Mormon Trek project thus choosing not to support the Council majority. Council Member Kanner stated he was voting on behalf of the citizens of Iowa City, and he felt that having six Council Members on JCCOG allowed for different views of the community. Majority of Council requested the item be scheduled for a future work session. Meeting adjourned 8:35 PM. clerkjmin/4 02~)lws doc Iowa City Police DepartmentI Monthly Bar Check Report MARCH 2001 YEAR 2001 Monthly Total Year to Date Totals Arrest/Visit Business Name A B A B YTD 1 ST AV CLUB 2 ~ 0 5 ~i~/i~i,:i~0 0.00 AIRLINER 5 ~ 4 18 · !-~:i 10 0.56 ALLEY CAT 1 ~ 0 6 1 0.17 ATLAS GRILL 2 ~ 0 3 0 0.00 BREWERY 0 ~ 0 0 ......... 0 0.00 BO JAMES 1 ~ 0 7 ~ 18 2.57 BROTHERS 4 ~ 8 13 ~ 11 0.85 CARLOS O'KELLYS 0 ~ 0 0 ~ 0 0.00 COLLEGE ST BILLlARD 1 0 10 0 0.00 COLONIAL LANES 0 0 1 ..............0 0.00 DAVES FOXHEAD 2 0 2 0 0.00 DEADWOOD 1 0 3 0 0.00 DIAMOND DAVES 0 0 0 0 0.00 DUBLIN UNDERGROUND 0 0 3 0 0.00 EAGLES LODGE 0 0 0 0 0.00 ELK'S CLUB 0 0 0 0 0.00 F IELDHOUSE 7 10 16 35 2.19 FITZPATRICKS 2 1 2 1 0.50 GA MALONES 3 1 10 14 1.40 GABES 1 0 7 5 0.71 GEORGES 2 0 4 0 0.00 GIOVANNIS 0 0 0 0 0,00 GREEN ROOM 1 0 1 ........ 0 0.00 GRINCOS 0 0 0 0 0.00 GRIZZLEYS 2 i~i~;~ 0 2 0 0.00 GROUND ROUND 0 ~ 0 0 ! 0 0.00 HAPPY JOES 0 0 0 0 0.00 HILLTOP TAP 2 0 3 ........ 0 0.00 JIMMY'S BRICK OVEN 0 0 1 ~ 0 0.00 JOES PLACE 2 0 5 ~ 0 0.00 KITTY HAWK 0 0 0 , 0 0.00 LOFT 0 0 0 ~ 0 0.00 MABELS 0 0 0 0 0.00 MARTINIS 1 0 6 ....... 3 0.50 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. Iowa City Police Department Monthly Bar Check Report MARCH 2001 YEAR 2001 Monthly Total Year to Date Totals Arrest/Visit Business Name A B A B YTD 1ST AV CLUB 2 ~i~ 0 5 0 0.00 MEMORIES 1 ~ 0 1 0 0.00 MICKEYS 0 0 2 ~ 0 0.00 M~KES 2 ~ o 2 ~ o o.oo MILL 1 ~ 1 2 ~ 1 0.50 MOOSE LODGE 0 ~ 0 0 ~ 0 0.00 MORGAN'S 1 0 5 1 0.20 MUMMS 2 0 2 0 0.00 ONE EYED JAKES 3 12 9 26 2.89 OUTER LIMITS 1 0 1 0 0.00 PLAMOR 2 0 2 0 0.00 PRESS BOX 8 0 10 0 0.00 QUE 3 ~ 12 9 20 2.22 QUINTINS BAR &DELl 1 0 1 0 0.00 RT GRUNTS 2 0 4 0 0.00 SAMS 0 0 0 0 0.00 SANCTUARY 0 0 0 0 0.00 SERENDIPITY LAUNDRY 0 0 0 0 0.00 SHAKESPEARES 1 0 1 i-~ 0 0.00 SPORTS COLUMN 2 6 10 28 2.80 TUCKS 2 0 2 0 0.00 UNION 2 7 14 ~ 31 2.21 VFW 0 0 0 0 0.00 VINE 1 1 1 I 1.00 V~TOS 4 22 8 30 3.75 WIG AND PEN 1 0 2 i¥~,!-0 0.00 :,~/';li ~i! ..... TOTAL 82 85 216 236 1.09 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. January 9, 2001 Dear Friends, The Iowa Police Executive Forum (IPEF) was established in 1983 by police chiefs whose goal was to foster a meaningful exchange of ideas through open discussion, research and evaluation of critical police issues. Over the past 17 years, IPEF has demonstrated administrative leadership within Iowa law enforcement and the communities in which our members serve. The IPEF organization is the recognized State Association of Chiefs of Police (SACOP) representative for the state of Iowa to the International Association of Chiefs of Police (IACP). IPEF members sit on the IACP Executive and SACOP Boards and are actively engaged in those matters of both state and national prominence and impact. The IPEF membership recognizes the importance of the issue of racial profiling and the idamentally unsound enforcement practice that it subjects upon our citizens. To that end, IPEF passed a resolution at its last quarterly meeting (December I, 2000), by adopting the "Iowa Law Enforcement Non-Discriminatory Resolution", denouncing the use of racial profiling. A copy of this resolution is enclosed. The members of Iowa Police Executive Forum find it deeply troubling that the issue of racial profiling has become a problem in both scope and importance. We are committed to professional treatment of our citizens that is both idamentally and constitutionally sound. Simply stated, there is no place for racial profiling or discriminatory practices in any manner in law enforcement t ,. It is our desire that you join with us in denouncing the use of these practices and work in a productive way to continue to make Iowa law enforcement a recognized leader. Should you have questions or require additional copies of the resolution, please do not hesitate to contact me. Respectfully, Paul R. Scranton, President Iowa Police Executive Forum Ankeny Police Department 211 SW Walnut Ankeny, Iowa 50021 1-515-965-6434 IOWA LAW ENFORCEMENT NON-DISCRIMINATION RESOLUTION ',','i2.Z~LZ,'~2 ,i,~ ,,,~..,,,~ ~vl,,,,. o~ ,uwa law cmorcemcnk nave historically demonstrated a commitment to professionally serving the communities of which they are a part; and WHEREAS, effective law enforcement rests upon the integrity of law enforcement and mutual trust and respect of our citizens; and WHEREAS, professional law enforcement agencies do not endorse, by training or policy, enforcement practices dependent on racial profiling; and WHEREAS, traffic laws serve to promote the safe and efficient use of the transportation system and the enforcement of traffic laws is an essential element in reducing deaths and injuries caused by motor vehicle crashes; and WHEREAS, proactive traffic enforcement efforts based on probable cause, reasonable suspicion, or other constitutional practices have been proven to reduce street crimes and increase apprehension of criminal offenders; and WHEREAS, traffic enforcement annually leads to the interdiction of vast amounts of illegal substances and stolen property; and WHEREAS, there is a reported perception that some law enforcement officers engage in discriminatory traffic enforcement practices through racial profiling; and WHEREAS, that reported perception and the underlying issue of discrimination through racial profiling is ofbammount concern to law enforcement agencies as well as the communities these agencies serve; and WHEREAS, traffic stops made on the basis of a motorist's race violate fundamental civil rights and numerous law enforcement mission and value statements as well as our duties under the Iowa and United States Constitutions; now therefore be it RESOLI,'ED, that all Iowa law enforcement agencies are urged to conduct an examination of traffic enforcement strategies, and if appropriate, refine mission and value statements, training programs, field supervision, and the evaluation and documentation of citizen complaints and related response to citizens, to ensure that racial profile traffic stops are not being employed by individuals within their agencies and that citizens are treated equally and fairly pursuant to the Iowa and United States Constitutions. IOWA POLICE EXECUTIVE FORUM ~[ 04-12-01 Iowa Commission on the Status of African-Americans Traevena Potter-H~ [ p I 3 DepartmentofUumanRights Lucas State Office Building Thomas J. Vilsack, Governor Des Moines, IA 50319 Sally J. Pederson, Lt. Governor April 5, 2001 RJ Winklehake Chief of Police 410 E Washington St Iowa City, IA 52240 Dear R J: Thank you for your partidpation at the Sixth Annual Black Family Conference in Des Moines. Over 300 attendees convened at the Marriott Hotel to learn, laugh, fellowship, and network with one another. R J, your input sent a positive message regarding your commitment to continued awareness and improving the conditions of African-American families in the state of Iowa. The Iowa Commission on the Status of African-Americans is sincerely appreciative of your contribution to the lasting impressions received as a result of the event. We look forward to your involvement in future conferences and hope you will continue to support this very important endeavor. Best regards, Traevena L. Potter-Hall Director TPH/~ Telephone (515) 281-7283 ToH-Fl~e (800) 351-4659 Fax (515) 281-3858 Date: 2-Apr-01 To: City Manager and City Council From: Dianna Furmanz~ Subj: Utility Discount Program Statistics - Fiscal Year ' 99 Total, FY ' 00 and ' 01 Monthly Water Sewer Refuse Total Accounts Recyling Water Sewer on Discount Water Sewer Refuse Recycling Total Month Discounts Discounts Program Discount Tax Discount Discount Discount Discount Discounts FY99 Totals 1522 795 2317 I $8,019.87 $402.18 $8,042.56 $9,702,28 $3,105.90 $29.272.81 FY 00 Jul 120 63 183 614.19 30.81 615.93 744.57 238.35 2243.85 Aug 124 66 190 754.99 37.95 725.30 738.00 252.00 2508.24 Sept 130 75 205 600.33 30.29 576.72 498.15 170.10 1875.59 O~ 134 75 209 846.57 42.60 809.36 817.94 279.30 2795.77 Nov 137 83 220 893.38 44.89 854,32 836.39 285.60 2914.58 Dec 141 85 226 923.90 46.52 883.20 873.30 298.20 3025.12 Jan 144 89 233 932.03 46.81 891.48 879.45 300.30 3050.07 Feb 143 87 230 1174.20 59.16 1120.21 1196.17 408.45 3958.19 Mar 152 93 245 738.71 37.21 709.66 596.55 203.70 2285.83 Apr 151 90 241 995.12 50.02 952.08 931.72 318.15 3247.09 May 154 96 250 997.15 50.31 954.04 934.80 319.20 3255.50 Jun 158 95 253 1003.27 50.53 959.89 922.50 315.00 3251.19 Totals 1688 997 2685 $10,473.84 $527.10 $10,052.19 $9,969.54 $3,388,35 $34,411.02 FY 01 Jul 120 61 181' $856.74 $43.19 $819.13 $87637 $299,25 $2.894,68 Aug 124 70 194 $855.68 $42.77 $779.03 $765.67 $261.45 $2,704.60 Sept 139 75 214 $891.52 $44.65 $811.82 $790.27 $269.85 $2,808.11 Oct 138 80 218 $965.44 $48.39 $879.48 $860.99 $294.00 $3,048.30 Nov 142 81 223 $987.84 $49.65 $699.98 $857.92 $292.95 $3,088.34 Dec 142 80 222 $996.80 $50.00 $908.16 $867.15 $296.10 $3,118.21 Jan 143 84 227 $999.04 $49.91 $910.22 $891.74 $304.50 $3,155.41 Feb 143 84 227 $1,041.60 $52.20 $949.16 $891.75 $304.50 $3,239.21 Mar 146 86 232 $1,032,64 $51.72 $940.96 $885.60 $302.40 $3,213.32 Totals 1237 701 1757 ~ 8,627.30 432.48 7,897.94 7,687.46 2,625.00 27,270.18 cc: Kevin O'Malley UTILDIS00.XLS4/2/20019:44 *Renewals ~rdiscountprogram completed July 2000 NEIGHBORHOOD ASSOCIATION April 10, 2001 Iowa City City Council 410 E. Washington Iowa City, Iowa 52240 Dear Northside Property Owner: (Property addresses listed here) The Northside Neighborhood Association has recently reorganized after a few years of relatively little activity. The main goals of our association are to keep the neighborhood viable and a good place to live for our diverse population. We know that we have a great neighborhood with a good mix of renters, university students, homeowners, families and young professionals, and that we include people of all income levels. This diversity, our historic buildings and location close to downtown and the University make this a great place to live and/or to own property. We invite you to join in our efforts to make the Northside an even better neighborhood in which to live and invest. Although many rental properties have been good neighbors, many have caused problems for their neighbors. Recent issues of concern have been the "party houses" and the noise, litter of beer cups and vandalism to neighboring properties often associated with such houses; sidewalks that are not cleared of ice and snow; weedy lawns that are not mowed; cars parked illegally on the grass and blocking sidewalks; trash and litter; and houses that have too many occupants in violation of zoning. We appreciate the many landlords who use their property management skills to prevent and solve these problems. We all know that a pleasant, clean, quiet and well cared for neighborhood retains its property values for both rental property investors and homeowners. (over) As an association we plan to work with all property owners, tenants, the City Council and City staff to help assure that good neighborliness is the norm, and where it is not we will act to assure that laws intended to promote quality of life are enforced. We believe that this is a way of keeping our neighborhood a safe and attractive place in which to live and invest in property. We hope that we can count on you to do your part. If you would like more information about the Northside Neighborhood Association and our efforts please feel free to contact Tim Walker, 351-4592, or Terri Neuzil, 338-0607, or to visit our website at http://www.jccniowa.org/-NNA. You are also welcome to attend our monthly meetings which occur the fourth Thursday of each month at 7:00 p.m. at Horace Mann School. Sincerely, Housing and Inspection Services Tim Walker me~ebfBO..OO0 ASSOC,~,T,ON e ~ ~ 621 N. Johnson Street ' g[~[~ , ~ Iowa City, IA 52245 / NAGER8 OFFICE Ap~l 4, 2001 ~ ~ ' ~ ' Duo Boothroy ~ . ~~'R 0 'reUtor, Housing and Inspection Se~ices ~ Iowa City, Iowa 52240 Dear Mr. Boothroy: On behalf of the Steering Co~ittee of the Northside Neighborhood Association, I write concerning Janice Sweet's propeay at 510 Ronalds Street, to assea our understanding of city ordinances as they relam to prospective uses of this prope~y. We believe this prope~y is now a single-family residence. As you know, Ms. Sweet was in negotiations to sell the prope~y to Alpha Tau Omega, a fraternal organization that is attempting to reestablish its chaser at the University. The 500 block is not zoned for a fraternity house. It is zoned residential, and as such ~is house may be occupied by no more than 3 unrelated individuals. We understand the seller represented this property as grandhthered for multi-hmily rental. We believe this grandhther clause is no longer in effect. Though Ms. Sweet has a rental pemit on her property, we believe that she has hiled to rent the ap~tment to a second party for a pe~od of well over a year. We spoke with her neighbor James Dooley. who said that Ms. Sweet told him she asked her renters to leave and that she intended to use the space for her amhitectural office. Phone calls to other cities reveal that they require owners of nonconfoming units to provide evidence, such as rental receipts, utility records, and phone records, to confirm the continued use of the nonconfomity. In other words, the burden of proof is placed on the nonconfomity that is out of sync with its neighbors and with cu~ent zoning law. The burden of proof hlls on Ms. Sweet to substantiate her claim, using such evidence as listed above. Iowa City ordinance states that after nonuse of one year, the grandfathered fights expire and the house reverts to single-family use: 14-6T-3-B: CONVERSION TO CONFORMING USE ONLY: A nonconforming use may be converted only to a conforming use. Once a use is convened to a conforming use, it shall not be converted back to a nonconfirming use. 14-6T-3-D: DISCONTINUANCE OF NONCONFORMING USE: A lot or portion of a lot devoted to a nonconforming use which is discontinued for a period of one year [italics ours] shall revert to a conforming use. We request that City staff contact the seller Ms. Sweet and her real estate agent Mary Davin to inform them that this property no longer meets the requirements for a nonconforming use, and to urge them to desist from selling it as anything other than a single-family dwelling. In our conversations concerning the expiration of the grandfather clause, you warned one of our members about the inherent value of property rights, and that to challenge Ms. Sweet's fight to a duplex challenges her fight to do with her property as she sees fit. We must respectfully disagree. Disraeli wrote that "Property has its duties as well as its rights," and while zoning laws exist to protect neighborhoods, property fights extend to all inhabitants within, not just the select. For the elderly neighbors who live adjacent to Ms. Sweet's property, this talk of Ms. Sweet's inherent property fights will serve as cold comfort. The citizens of the Northside have chosen this area as their home. They have invested in their homes, have maintained their properties, have tried to be good neighbors. We hope to work with City Council and Staff to ensure that code enforcement is applied with vigor in the future. We hope you will concur with our understanding of the City Code. Respectfully, Tim Walker on behalf of the Steering Committee Northside Neighborhood Association Cc: City Council, Eleanor Dilkes, Tim Lehman, Mary Davin, Cheryl Carroll-Nelson IOWA CITY MUNICIPAL AIRPORT I ~()t S( )t rI 11 l~dVI'21~,SII )t: I )I~,IVI~2 [Ox, V/\ (TIY. 1OXVA ~2246 Memo To: City Council From: Ron O'Neil, Airport Manager Date: April 11,2001 Re: Aviation Commerce Park (fna -North Commercial area) At their April 5, 2001 Commission meeting, the Iowa City Airport Commission contracted with NAI Iowa Realty Commercial to market the area formally known as the North Commercial area. Tracy Overton will be the principal centact for the marketing project. The official name for the 54-acre, 17-1ot development is the "Aviation Commerce Park". Tracy has already started to develop a specific marketing plan. Part of the plan will be an effort to attract aviation businesses and companies that use aviation in their businesses. There is an article in the Cedar Rapids Gazette today with a brief summary of the development. Three firms were interviewed to market the development. Besides Iowa Realty, Coldwell Banker and Prudential Ambrose & Jacobsen Realtora presented proposals. Although each company had some unique strengths for the project, the Commission felt that Iowa Realty was the best match for the Airport. If you want more information about the project, or would like to meet Tracy Overton, please let me know. I will arrange for him to come to a work session and explain the marketing plan for the development. Construction of the infrastructure is on schedule and it could be possible to have tenants start construction as early as this Fall. This is an exciting economic development project for the City of Iowa City and specifically for the Airport. Cc: Airport Commission Steve Atkins, City Manager Sue Dulek, Assistant City Attorney · Page 1 I04-12-01 Marian Karr IP18 From: Irvin Pfab [ipfab@avalon.net] Sent: Wednesday, April 11, 2001 12:50 PM To: council@iowa-city.org; Marian Karr Subject: Camel's Nose Fable ..... Original Message ..... From: "Info Desk 2 INFO2" <INFO2@iowa-city.lib.ia.us> To: <ipfab@avalon.net> Sent: Tuesday, April 10, 2001 3:27 PM Subject: Camel's Nose Fable THE CAMEL'S NOSE Old Fable One cold night an Arab was sitting inside his tent. Suddenly a camel stuck his nose under the flap of the tent and said, "Master, be good enough to let me put my head inside the tent, for it is cold outside." "Very well," said the Arab, "you may put your head inside my tent." So the camel put his head into the tent. Then in a little while the camel said, "Good master, pray let me put my neck in the tent also. I may catch cold if my head is warm and my neck is cold." "Very well," replied the Arab, "you may put your neck in the tent, too." After a little while, the camel said again, "Kind master, allow me to put my forelegs in the tent. They take up only a little room, and it is comfortable standing this way." "Very well, said the Arab, "you may do so." The Arab moved over to make room for the camel, for the tent was very small. Then in a little while the camel said, "Generous master, permit me to stand all the way in the tent. I keep the flap of the tent open standing this way, and the cold air rushes inside." "Very well, then," said the Arab. "You may come all the way inside." The camel crowded his way into the tent, but the tent was too small for both. "I think there is not room for both of us in the tent," said the camel. "Since you are smaller than I, it would be better if you stood outside." With these words the camel gave the Arab a little push. Soon the Arab found himself standing outside in the cold, while the camel was enjoying the warmth of the tent. As the Arab stood shivering from the cold, he said to himself, "I can see now that it is better to stop bad things before they get started." Montana Legalizes Hemp &More Page 1 of 2 Marian Karr ! 04-12-0~ From: Carol DeProsse [cdeprosse@earthlink. net] IP19 Sent: Tuesday, April 10, 2001 11:44 AM To: JCNEWS@yosernite.leepfrogconq Cc: rnary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.stateia.us; richard_drake@legis.state.ia.us; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross._Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; jpwhite@cojohnson.ia.us; c'~hompso@co.iohnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.iaus; pharney@co.johnson.ia.us; tneuzil@co.johnson.iaus; tjneuzil@msn.com Subject: JCNEWS: Montana Legalizes Hemp & More THE LINDESMITH CENTER - DRUG POLICY FOUNDATION www. drugpolicy. org ENewsletter: April 9, 2001 *Montana Leglizes Hemp* The Montana Legislature has overwhelmingly approved legislation allowing state-licensed farmers to grow hemp for agricultural purposes. The legislation, which was approved by the Senate 45-5 and the House 82-17, redefines marijuana containing no more than 0.3 percent THC as an "agricultural crop." The bill also mandates Montana's Department of Agriculture to request that the federal government amend its federal laws prohibiting hemp cultivation and allow waivers. *"Crack Baby" Scare 0verblownLStudv Shows* A new study appearing in the March 28th issue of the Journal of the American Medical Association warns that blaming developmental problems in children on prenatal use of cocaine unfairly stigmatizes both the children and their mothers. The study, which analyzed 36 previous studies on prenatal cocaine use, finds that the "crack baby" scare of the 1980s was greatly overblown, and that earlier studies blaming prenatal cocaine use for developmental problems didn't take into account other concurrent factors that played even larger roles, such as family environment, poverty, lack of access to adequate health care, and the use of other drugs such as cigarettes and alcohol. http://www_dru~policy.org/news/DailyNews/04 06 01crack_baby.html *Federally Approved Medical Merijuana Study in San Meteo, CA* After decades of intransigence, the federal government approved the first study of medical marijuana's palliative effects on AIDS patients. The 12-week study will take place at the San Mateo County health center and use marijuana grown by the federal government. The government provided marijuana is the very same medical marijuana currently provided to the eight patients 4/10/0 1 Montana Legalizes Hemp &More Page 2 of 2 enrolled in the now defunct Compassionate Use Program. http://www.drugpolic~y.org/news/DailyNews/04 06 01medical_mj.html *New Jersey Governor calls for the resignation of Justice Peter Verniero* Accused of misleading the New Jersey State Senate about the extent of racial profiling carried out by police, Acting Governor Donald DiFrancesco has called for the resignation of Justice Peter Verniero from the New Jersey Supreme Court. Gov. DiFrancesco plans to seek a censure resolution, and possibly an impeachment hearing, if Verniero does not resign. Verniero is alleged to have deliberately withheld information during his 1999 testimony on racial profiling. http;//www.drug~olicy.or%/news/DailyNews/04 06 01Profilinq.html 4/10/0 1 Marjan Karr From: Carol DeProsse [cdeprosse@earth link. net] Sent: Thursday, April 05, 2001 7:49 PM To: J C NEWS @yosem ire. leepfrog. corn Cc: daily-iowan@UlOWA. EDU; LindaA@fyiowa.com; newsroom@press-citizen.corn; newsroom@press-citizen.com; krui@UIOWA. EDU; wsui@U~OWA. EDU; hwoodward@press- citizen.com; Greg Smith; slangenberg@press-citizen.com; Brian Sharp; jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.]ohnson.iaus; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake Subject: JCNEWS: Press Rerease Journalism The more I think about this the more I want to know how this big drug story got started, particularly since the Gazette carried almost the EXACT same story and located in the EXACT same part of the paper (TOP BANNER BLARE POSITION). So local press corps, how did you guys stunuble on this story? Couldit have been from an anonymous tip from someone within the department located on the west end of the civic center? Or were you guys out searching Winklehake's garbage together? Also, have you noticed how the ICPD is now arresting people for Public Intoxication AND Disorderly Conduct (which can be nothing more than looking at an officer cross-eyed, something that isn't hard to do when you've had a few). This is to prove to all of us that the only PIs that are being arrested are those that are causing trouble. Watch for the new statistics on these arrests. Seems like the campaign to build a new jail for all these evil miscreants is brewing again. Look for it on the November ballot! After all, the Jail Alternatives Committee formed by the Supervisors and composed of jail enthusiasts Thompson and Harney is producing less of value than even most committees of elected bodies do. Amazing facts that never cease to amaze. Amazing. Court okays police murder. Again. 04-12-01 Marjan Karr ~ From: Carol DeProsse [cdeprosse@earthlink, net] Sent: Tuesday, April 10, 2001 10:16 AM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us; richard_drake@legisstate.ia.us Subject: JCNEWS: Court okays police murder. Again. Read this summary for what the police can get away with when shooting people. And this was only an effort to sue the officer, not convict him criminally. Still not as bad as Eric Shaw, I guess Anderson v. Russell, 2001 WL 305064 (4th Circuit, 2001). Plaintiff intoxicated at the time, went to a mall wearing bulky clothing, with an eyeglass case containing a shoe polish container inside his shirt, near his belt. Someone reported his presence to an officer, who believed he might be carrying a concealed handgun. Eventually officers ordered plaintiff to get to his knees, with his hands raised. Plaintiff complied, then began to reach toward his rear pocket in order to turn off his Walkman. The defendant thought he was reaching for a gun and shot him three times. The court of appeals holds that the officer was entitled to judgment as a matter of law on the ground that the shooting was reasonable under the 4th Amendment. The court's decision is remarkable, given the presence of a civilian witness who testified that plaintiff was lowering his hands slowly and that they were still at the height of his head when the officer fired. The Fourth Circuit dismisses this testimony, finding it did not create a disputed issue of material fact, because the witness was further away from plaintiff than the officers and may have had a partially obscured view. The court also holds that an officer need not see a weapon in a suspect's hand to justify using deadly force against him. Nor was the officer required to use protective cover behind pillars rather than firing, according to the court. The opinion concludes with the court's hollow recitation of its perception that the shooting of an unarmed man was tragic. 4/10/01 AGENDA Iowa City City Council Economic Development Committee Wednesday, April 25, 2001 10:30 a.m. City Manager's Conference Room 1. Call to Order 2. Approval of Minutes of February 22, 2001 3. Marketing of North Airport Commercial Area - Iowa Realty Commercial 4. Review Economic Development Funds Descriptions and Eligibility Guidelines 5. Update - Business Outreach Program - Major Employer Visits. 6. Other Business 7. Adjournment Next Meeting Thursday, May 17, 2001 at 9:00 a.m. Note chan.cle in meetin.q date, time, and location. MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE THURSDAY, FEBRUARY 22, 200'1 - 9:00 AM LOBBY co. FE.E.cE .OOM PRELIMINARY Subject to Approval Members Present: Ernest Lehman, Dee Vanderhoef Members Absent: Ross Wilburn Staff Present: Steve Atkins, Karin Franklin, David Schoon, Steve Nasby, Jeff Davidson Others Present: Irvin Pfab, Steven Kanner, Sarah Langenberg Call to Order Mayor Lehman called the meeting to order at 9:10 am. Approval of the Minutes of January 18, 2001 The January 18, 2001 minutes were approved as submitted. Update Ref:lardinq Application for Community Development Block Grant Funds to Establish a CDBG Economic Development Grant Fund Schoon briefly reviewed the presentation before the Housing and Community Development Commission. The most significant question asked by a Commission member was her concern that setting aside monies for an economic development fund may start a precedent that she was unsure of setting. Schoon indicated that the Commission has already set such a precedent by establishing the Affordable Housing Funding Pool. Schoon also stated that the Commission received two other economic development applications: $50,000 for Ruby's Pearls, a women's health shop, and almost $125,000 to establish a business incubator that would allow people with disabilities to start up to five businesses in the former Hawkeye Audio space at the corner of Court and Gilbert streets. In response to a question from Atkins, Schoon indicated that the types of applications that the Housing and Community Development Division are currently considering would be similar to those that the Economic Development Committee would review throughout the year. Update Reqardinq Corridor Committee Atkins updated the Committee on the situation with the Corridor Committee. He reminded the Committee that there was an informal group of people representing business and local government interests in Cedar Rapids and Iowa City. The actual purpose was to say to the public that Cedar Rapids and Iowa City cooperate with respect to economic development. The Corridor Committee by virtue of a renewed interest from ICAD and Priority One out of Cedar Rapids has perhaps stimulated this interest. There is a change in the board leadership at ICAD. Atkins will become the chairperson and Chuck Peters who is the CEO of the Gazette Companies is the Priority One Chair. Peters and Atkins will be co-chairing the Corridor Committee. There is a job placement program on the internet called Corridor Careers that the Corridor Committee had a part in causing to occur, with both entities contributing funds to the program. Atkins went on to say that it is more than simply the strip of highway between the two towns. Practically speaking it is likely that in-fill development will occur well into the future. The important thing to recognize is that cooperation between the two communities takes place. Atkins went on to say that he anticipates that this committee would become more high profile City Council Economic Development Committee Minutes February 22, 2001 Page 2 and he would eventually like to invite members of the Economic Development Committee to accompany him at the joint meeting. Vanderhoef commented that about one year ago there was a land use planning meeting in Cedar Rapids that was sponsored by the East Central Council Of Governments where two little town mayors stood up and pointedly said that they were part of the corridor and wanted to know what would be done to support their towns. Atkins stated that including small towns was part of the plan. Mayor Lehman commented that on his trip to Washington, the Iowa City and Cedar Rapids representatives talked about projects that benefit the corridor such as a study of passenger rail service. This is an example of the corridor working together. Update - Business Outreach ProClram - Major Employer Visits Schoon noted that three visits were made during the last month. Mayor Lehman met with Noel- Levitz. Vanderhoef met with WaI-Mad and Wilburn met with General Mills. The meetings all went well and the companies were very appreciative of the visits. Mayor Lehman said the employers were very surprised. They have been candid with their comments about the community; which have been quite positive overall. Over the next month the visits that are scheduled are with ACT, Cub Foods and Blooming Prairie. Atkins said that he would like to schedule a work session with the full Council to allow for reports to be made by those who have made the visits. Mayor Lehman agreed with this and would also like to do an update on the Committee's direction. Schoon inquired about the scheduling issues and if they are working for those who do the visits. Mayor Lehman and Vanderhoef said that the coordination was going well. Schoon said he would like feedback on an individual basis. Vanderohoef said what really works is that it is a conversation at the meetings and not a speech. Mayor Lehman raised a question related to the North Dodge traffic signal. He asked if there was any way that the traffic signal could be placed at ACT Drive. Lehman said that this presents a problem for NoeI-Levitz because there is a large number of ACT employees using both lanes. Davidson said that the area would be re-graded and lowered when the road is reconstructed, which improve the sight distance and improve traffic turning movements. Davidson stated there are no plans to add a traffic signal at that intersection. Aliqnment of Mormon Trek Extended Mayor Lehman started by noting that this item is proposed relative to approval of the capital improvement programs. Atkins said that assuming the budget is approved, the Committee will need to decide on an alignment, but also a work program will need to be put together for the project. There may need to be consulting engineers and additional contacts made with property owners. The project is of some magnitude as it will go through raw land. Davidson will be asked to lay out the plan. Davidson indicated that the intent is to open up commercial and industrial property with access to the interstate and the airport. Vanderhoef asked if Cedar Rapids received dollars for their HVVY 151- Collins Road project. Davidson said that there is a lot of federal money, but he understood that the majority was STP Funds. Atkins and Davidson indicated that the property owners have had an opportunity to express their views related to the alignment of Mormom Trek. Mayor Lehman suggested that a City Council Economic Development Committee Minutes February 22, 2001 Page 3 recommendation come from the staff to the full City Council. He said that there are engineering and good planning reasons that will dictate where the road should go. Atkins concurred with this. Davidson said that three alternatives will be presented. The mayor said that he wanted a recommendation. Davidson said that staff could provide the recommendation for the Council. Davidson will have the proposed plan to the Council for review. Adjournment The meeting adjourned at 9:40 a.m. City of Iowa City MEMORANDUM Date: April 12, 2001 To: l From: rdin ~ Re: Economic Development Funds Descriptions and Eligibility Guidelines Over time, the City Council has discussed and has established economic development funds and other tools to foster economic development. In order to promote the use of these economic development tools, the City Council would be well served to define these tools and how and when they may use them. Attached you will find descriptions and eligibility guidelines for the following funds and tools: · CDBG Economic Development Fund · Council Economic Development Fund · Council Economic Development Capital Improvement Fund · Commercial/Industrial Tax Increment Financing · Commercial/Industrial Property Tax Exemption At the next Economic Development Committee meeting, we would like the Committee to discuss these program descriptions and guidelines. The Committee will want to determine how they would recommend that the City Council target these various tools and what would be the associated guidelines for making these tools available to a specific business. Each fund description sheet addresses the following items: Available Fundinq. How much money is available to assist eligible projects? Eliaible Proiects. What types of projects will be provided assistance under this economic development tool? Eliqibility Guidelines. How will the City Council determine whether to fund a project or not? Form of Fundinq. Will the assistance be in the form of grants, forgivable loans, loans, infrastructure improvements, property tax rebates, or property tax exemptions? Application Procedures. How would an interested business or organization go about applying for the funds? Other General Guidelines. This includes other guidelines that are not addressed in the eligibility guidelines section. As you consider how each of these funds/tools should be used, please think about what you wish to achieve with each. If your goal is to expand the tax base, are you going to require a certain amount of new taxable property value per dollar of financial assistance? If it is job creation, are you going to require so many jobs per dollar value of assistance? The Committee has consistently stressed that one of the main goals of the City is to expand the tax base. I would encourage you to not narrowly define what that means. There could be non- capital intensive projects that indirectly help stabilize an area and lead to future increases in taxable property values. For example, as Old Capitol Town Center's occupancy increases, the value of the mall will increase. Increasing the occupancy rate at Old Capitol Town Center may not require significant capital investment, but may require investment in programs that assist businesses in other ways. At your Committee meeting, we will begin to discuss these descriptions and guidelines. u:\files\eco dev strategy\cdbg\council memo - ed fund descriptions & guidelines.doc CDBG Economic Development Fund Available Funding FY2002-: $0 FY2003: To be determined. Eligible Projects: Economic development activities that benefit low and moderate income (LMI) persons and are within one of the following categories: · Area Benefit. Activity will benefit an area, which must be predominately residential, where 51% or more of the residents are LMI (the attached map identifies areas within Iowa City that would qualify). · Job Creation. Permanent jobs will be created of which 51% or more are either "available to" or "held by" LMI persons. · Job Retention. Permanent jobs will be retained, of which 51% or more are "held by" LMI persons. (Jobs retained must be held by LMI persons at the time of assistance, or be expected to turnover to LMI persons within two years). · Limited Clientele. 51% of the direct beneficiaries are assumed to be LMI persons (i.e. job training facility for persons with disabilities). CITY STEPS identifies the following economic development strategies that should be supported with CDBG funds: 1. Provide employment training and education. 2. Encourage empbyment opportunities that pay at least a living wage (including opportunities for persons with disabilities). 3. Provide employment support services. 4. Encourage the expansion and retention of business and industry that pays at least a living wage. The above strategies can be achieved through the following activities. CITY STEPS identifies the following projects as the highest priority projects 1 ) micro-businesses, 2) business technical assistance, and 3) other economic development needs, such as downtown streetscape improvements. Eligibility Guidelines: All projects and programs must meet the eligibility guidelines and requirements of the Community Development Block Grant Program (see attached). Projects that provide direct assistance to a private business for job creation and retention purposes will also be evaluated based upon the City of Iowa City Financial Assistance Eligibility Guidelines (see attached). Form of Funding: Funding is available in the form of grants, forgivable loans, and loans. Loans are encouraged over grants and forgivable loans. I \\citynt\dschoon$\~les\eco dev strategy\cdbgXprogram guidelines 2dec Applications Procedures: · Applications will be reviewed by the Council Economic Development Committee and forwarded, with its recommendation, to the City Council for Council consideration. · Applications must be submitted in the format provided by the City. · The application process is a public process and subject to the State of Iowa's Open Records Laws, specifically Iowa Code Chapter Other General Guidelines: · Maximum City funding should not exceed 50% of the total project cost. When a private business is being assisted, the owner(s) must provide at least 10% owner's equity. · Loan repayment should not exceed a 1 O-year term and the loan interest rate will be negotiated between the applicant and the City. · Proiects are encouraged to pay a tiving wage, approximately $9.00/hr in 2000. · Projects should start substantial activities within 90-days of receiving a commitment of City funding. · Jobs created or retained should be maintained for at least 3 years from the date of completion of the project. 2 \\citynt\dschoon$\files\eco dev strategy~cdbg\program guidelines 2 doc ' ' \.i~" ";~ ' ,L.~., ..~' ~, . ~ /' -'~ . ;~ // · -' t. "~'~ /) /i ~'~"~ ~ ~' .// , .// -- ;:" I ~. .i" ~, '-c Z, ~ .. ~"'.' ~.( , ': ~ ~ · '~.~ "~ ~:"~'~,~'f:= '~':'f~?'~':'~2'~i'~'j:~:~5~ Low/Mod income Households ' ~ 'Z, ~T" '1~..';"': r ', '~i5. ., ':.. '='.f,, ;~ :>,. , ~,. :..~..~:~.":"~'...- ..............Low&Moderate Inc. "~ ~"'fT.:.':Z;~ '~'. '~LT:~g~' ~(;" '::' :'_ .;:Z.:,:w~t~ ?~.'~. :.".'::':'~' ~, i;:' .' '- ~_._~CensusPlace . ',i; ~..~., ~'A.' '~ I ,'t' ';'" ~'~ Streets ' .-.: '= ,' ': Populated Place Council Economic Development Fund Available Funds FY2002 & Beyond: $500,000 Eligible Projects: The Iowa City Comprehensive Plan identifies the following goals, Projects and programs that support these goals will receive priority consideration: · Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses. · increase employment opportunities consistent with the available labor force. · Provide and protect areas suitable for future industrial and commercial development. · Cooperate with local and regional organizations to promote economic development within Iowa City. · Improve the environmental and economic development health of the community through efficient use of resources. Eligibility Guidelines: Projects and programs will be evaluated based upon the City of Iowa City Financial Assistance Eli~tibility Guidelines (see attached). Form of Funding: Funding is available in the form of grants, forgivable loans, and loans. Loans are encouraged over grants and forgivable loans. Applications Procedures: · Applications will be reviewed by the Council Economic Development Committee and forwarded, with its recommendation, to the City Council for Council consideration. · Applications must be submitted in the format provided by the City, · The application process is a public process and subject to the State of Iowa's Open Records Laws, specifically Iowa Code Chapter 22. Other General Guidelines: · Maximum City funding should not exceed 50% of the total project cost. When a private business is being assisted, the owner(s) must provide at least 10% owner's equity. · Loan repayment should not exceed a 1 O-year term and the loan interest rate will be at least ½% above the 90-day Treasury bill rate. · Projects should start substantial activities within 90-days of receiving a commitment of City funding. · Jobs created or retained should be maintained for at least 3 years from the date of comptetion of the project. u:\~es\eco dev strategy\cdbg\program guidelines 2doc Council Economic Development Capital Improvement Fund Available Funds FY2002-2005: Fiscal Committed Funds Available Total Year Funds Funds 2001 $700,000, North Airport Commercial Area None $700,000 2002 None $700,000 $700,000 2003 $700,000, Mormon Trek Extended, Hwy 1 to 921 None $700,000 2004 $300,000, Mormon Trek Extended, Hwy 1 to 921 $300,000 $600,000 2005 None ,$700,000 $700,000 Eligible Projects: Projects must demonstrate that they directly expand the property tax base of Iowa City. · Public infrastructure improvement projects (such as street, water main, and sewer line extensions) that help expand the property tax base will have the highest funding priority. · Eligible projects also include site improvements, new building construction, building expansions, and building rehabilitations. · Projects that stabilize or restore the value of property, such as fa~2ade improvements and interior buildouts, may also be considered but will have a lower priority. Eligibility Guidelines: Projects will be evaluated based upon the City of Iowa City Financial Assistance Eligibility Guidelines (see attached). Form of Funding: Assistance will be in the form of public infrastructure improvements, loans and/or forgivable loans to businesses. Loans are encouraged over forgivable loans. Applications Procedures: · Applications will be reviewed by the Council Economic Development Committee and forwarded, with its recommendation, to the City Council for Council consideration. · Applications must be submitted in the format provided by the City. · The application process is a public process and subject to the State of Iowa's Open Records Laws, specifically Iowa Code Chapter 22. Other General Guidelines: · Maximum City funding should not exceed 50% of the total project cost. When a private business is being assisted, the owner(s) must provide at least 10% owner's equity. · Loan repayment should not exceed a 1 O-year term and the loan interest rate will be at least ¼% above the 90-day Treasury bill rate. · Projects should start substantial activities within 90-days of receiving a commitment of City funding. 4 \\citynt\dschoon$\~les\eco dev strategy\cdbg\program guidetines 2doc Commercial/Industrial Tax Increment Financing A vailable Funding: Amount of available tax increment financing is dependent upon the amount of new taxable property value. Eligible Projects: Commercial/industrial capital projects located within the following Urban Renewal/TIF Districts (see attached maps): · Scott-Six industrial Park Urban Renewal Area · Northgate Corporate Park Urban Renewal Area · Sycamore and First Avenue Urban Renewal Area · And any future areas so designated. Eligibility Guidelines: Each Urban Renewal/TIF District has its own specific eligibility guidelines. Refer to the Urban Renewal Plan for each area. Projects that provide direct assistance to a private business for job creation and retention purposes will also be evaluated based upon the City of Iowa City Financial Assistance Eligibility Guidelines (see attached). Form of Funding: TIF financing is available in the form of public infrastructure improvements, forgivable loans, or property tax rebates. Applications Procedures: · Applications will be reviewed by the Council Economic Development Committee and forwarded, with its recommendation, to the City Council for Council approval. · Applications must be submitted in the format provided by the City. · The application process is a public process and subject to the State of Iowa's Open Records Laws, specifically Iowa Code Chapter 22. Other General Guidelines: · Projects should start substantial activities within 90-days of receiving a commitment of City fundinp. · Projects that provide direct assistance to a private business for job creation purposes will have to maintain the created or retained jobs for a period of years to be determined project by project. 5 u:\~les\eco dev strategy\cdbg\program guidelines 2 doc City of Iowa City Commercial/Industrial Areas Tax Increment Financing Districts L \ Northgate Corporate Park Scott Six Industrial Park Sycamore and First Avenue Commercial/Industrial Property Tax Exemption Available Funding: Amount of property tax savings is dependent upon the amount of new taxable property value. Eligible Projects: Commercial/industrial capital proiects located within the following Urban Revitalization Areas (see attached maps): · Central Business District Urban Revitalization Area · Near Southside Commercial Urban Revitalization Area · And any future areas so designated. Eligibility Guidelines: Eligible projects in either urban revitalization area must meet the following guidelines: · Qualified real estate includes real estate assessed as commercial property. Only the non-residential commercial component of a commercial property would qualify for property tax exemption. However, any reuse of a historic structure assessed as residential (owner-occupied housing - condominium units for example), residential commercial (rental housing), or non-residential commercial property shall be considered qualified real estate and thus eligible for property tax exemption. · Eligible construction includes rehabilitations, additions, and new construction. However, new construction that requires the demolition of structures identified in the Urban Revitalization Plans as historic and/or architecturally significant is not eligible for property tax exemption. · In order to be eligible for property tax exemption and prior to the issuance of a building permit, the exterior design of any qualifying project must be either 1 ) reviewed by the staff design review committee and approved by City Council or 2) reviewed and approved by the Historic Preservation Commission. In order to be considered eligible for property tax exemption, all improvements must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten (10%) in the case of real property assessed as residential property. 6 \\citynt\dschoon$\files\eco dev strategy\cdbg\program guidelines 2 doc Form of Funding: Qualified commercial projects are eligible for one of the two following property tax exemption schedules: · A partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: First year, eighty percent (80%). Second year, seventy percent (70%). Third year, sixty percent (60%). Fourth year, fifty percent (50%). Fifth year, forty percent (40%). Sixth year, forty percent (40%). Seventh year, thirty percent (30%). Eight year, thirty percent (30%). Ninth year, twenty percent (20%). Tenth year, twenty percent (20%). · A one hundred percent (100%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. Applications Procedures: · The application process is a public process and subject to the State of Iowa's Open Records Laws, specifically Iowa Code Chapter 22. · Approval Prior to Actual Eligible Improvements Being Made. A person may submit a proposal for an improvement project to the City Council to receive prior approval for eligibility for a tax exemption project. The City Council shall give its prior approvat for an improvement project if the project is in conformance with the urban revitalization plan · Approval After Eligible Improvements Have Been Made. The owner of an eligible property shall submit the first application for an exemption with the City by February 1 of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements included in the project are first assessed for taxation. ? \\citynt\dschoen$\~les\eco dev strategy\cdbg\program guidelines 2doc City of Iowa City Urban Revitalization Areas Property Tax Exemption Central Business District Near Southside Commercial Near Southside Residential CDBG ECONOMIC DEVELOPMENT GUIDELINES (Federal Requirements) Eligible Activities Eligible economic development activities include: (a) The acquisition, construction, reconstruction. rehabilitation or installation of commercial or industrial buildings, structures, and other real property equipment and improvements, including railroad spurs or similar extensions. (b) The provision of assistance to a private for-profit business. including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms of support, for any activity where the assistance is appropriate to carry out an economic development project. In selecting businesses to assist under this authority, the City shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods. (c) Economic development services in connection with activities eligible under this section, including, but not limited to, outreach efforts to market available forms of assistance; screening of applicants; reviewing and underwriting applications for assistance; preparation of all necessary agreements; management of assisted activities; and the screening, referral, and placement of applicants for employment opportunities generated by CDBG-eligible economic development activities, including the costs of providing necessary training for persons filling those positions. Guidelines for Evaluating and Selecting Economic Development Projects. These guidelines are composed of two components (1) standards for evaluating public benefit and (2) guidelines for evaluating project costs and financial requirements. The standards for evaluating public benefit are mandatory but the guidelines for evaluating projects costs and financial requirements are no__t mandatory. Standards for Evaluating Public Benefit. Each activity must demonstrate that at least a minimum level of public benefit is obtained from the expenditure of CDBG funds under the categories of eligibility governed by these guidelines. 1) Job creation & retention standards. An eligible job creation and retention activity is designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full-time equivalent basis, involve the employment of low- and moderate-income persons. To qualify under this paragraph, the activity must meet the following criteria: a) For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate-income persons. b) For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: i) The job is known to be held by a low- or moderate-income person; or 8 \\citynt\dschoon$\~les\eco dev strategy\cdbgxprogram guidelines 2doc ii) The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate-income person upon turnover. c) Jobs that are not held or filled by a low- or moderate-income person may be considered to be available to low- and moderate-income persons for these purposes only if: i) Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and ii) The recipient and the assisted business take actions to ensure that low- and moderate-income persons receive first consideration for filling such jobs. d) As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except in certain cases aggregating jobs from a number of separate activities is permissible. See City staff for details. 2) Standards for activities. Activities covered by these guidelines must, in the aggregate, either: a) Create~rretainat~east~nefu~~-timeequiva~ent~permanentj~bper$35~~~~~fCDBGfundsused (local practice has been to estimate potential financial assistance based on approximately $10,000 per created or retained job); or b) Provide goods or services to residents of an area, such that the number of low- and moderate-income persons residing in the areas served by the assisted businesses amounts to at least one low- and moderate-income person per $350 of CDBG funds used. 3) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purpose of these guidelines. 4) Certain activities may be excluded from these standards. See City staff for exceptions. 5) Ineligible activities. Any activity subject to these guidelines which falls into one or more of the following categories will be considered to provide insufficient public benefit, and therefore may under no circumstances be assisted with CDBG funds: a) The amount of CDBG assistance exceeds either of the following, as applicable: i) $50,000 per full-time equivalent, permanent job created or retained; or ii) $1,000 per low- and moderate-income person to which goods or services are provided by the activity. b) The activity consists ofor includes any ofthe following: i) General promotion of the community as a whole (as opposed to the promotion of specific areas and programs); ii) Assistance to professional sports teams; iii) Assistance to privately-owned recreational facilities that serve a predominantly higher-income clientele, where the recreational benefit to users or members clearly outweighs employment or other benefits to low- and moderate-income persons; iv) Acquisition of land for which the specific proposed use has not yet been identified; and 9 \\citynt\dschoon$\files\eco dev strategy\cdbg\program guidelines 2 doc v) Assistance to a for-profit business while that business or any other business owned by the same person(s) or entity(ies) is the subject of unresolved findings of noncompliance relating to previous CDBG assistance provided by the recipient. Guidelines For Evaluatin~ Proiect Costs and Financial Requirements. These guidelines are designed to provide a framework for financially underwriting and selecting CDBG-assisted economic development projects which are financially viable and will make the most eft~ctive use of the CDBG funds. These guidelines, also referred to as the underwriting guidelines, are to ensure: (1) That project costs are reasonable; (2) That all sources of project financing are committed; (3) That to the extent practicable, CDBG funds are not substituted for non-Federal financial support; (4) That the project is financially feasible; (5) That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and (6) That to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. Documentation The applicant and the City must maintain sufficient records to demonstrate the level of public benefit, based on the above standards, that is actually achieved upon completion of the CDBG-assisted economic development activity(ies) and how that compares to the level of such benefit anticipated when the CDBG assistance was obligated. Microenterprise Assistance A microenterprise is a business that has five or fewer employees, one or more of whom owns the enterprise. Microenterprise assistance can take the form of: 1) Providing credit, including, but not limited to, grants, loans, loan guarantees, and other forms of financial support, for the establishment, stabilization, and expansion of microenterprises; 2) Providing technical assistance, advice, and business support services to owners of microenterprises and persons developing microenterprises; and 3) Providing general support, including, but not limited to, peer support programs, counseling, childcare, transportation, and other similar services, to owners of microenterprises and persons developing microenterprises. "Persons developing microenterprises" means such persons who have expressed interest and who are, or after an initial screening process are expected to be, actively working toward developing businesses, each of which is expected to be a microenterprise at the time it is formed. l 0 \\citynt\dschoon$\~les\eco dev strategy\cdbg\program guidelines 2 doc CITY OF IOWA CITY FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES FOR BUSINESS ASSISTANCE PROJECTS Adopted September 24, 1996 Intent: The City of Iowa City wishes to encourage the establishment and growth of businesses which are consistent with and carry out the "Economic Development Policies, Strategies and Actions for the City of Iowa City." To this end, the City will support and provide financial assistance to individual business establishments. This assistance may take the form of utilizing State and Federal funds targeted at economic development, providing property tax incentives, underwriting the cost of infrastructure improvements, or providing direct loans and grants. The guidelines provided below will serve as a framework for the City Council in making its decisions regarding which businesses should receive publicly funded incentives or assistance. 37he criteria are based on the Economic Development Policies and the concept that businesses who receive assistance should pay a good wage, provide benefits to their employees, be good citizens, and contribute to the overall economic well-being of the community. Within each of the guidelines them is room for judgment and flexibility by the City Council. Consistent with the City's Economic Development Policies, promising start-up businesses and expansion of existing local businesses will be encouraged. Private Financial Contribution as Compared to Public Assistance Request Higher points to be awarded for: A greater percentage of contribution by the assisted business; A shorter payback period or expiration for financial assistance; A lower amount of City financial assistance per job. Consistency with Comprehensive Plan/Capital Improvements Program/Economic Development Policies Higher points to be awarded for: Projects not requiring new public capital improvements; A greater contribution by the developer for public infrastructure improvements; Jobs within industry/technology groups on opporttmity list; Start-up companies and expansions of existing local operations; A greater amount of property tax base expansion. Quality of Jobs to be Created Higher points to be awarded for: Higher wage rates Full-time, long-term, non-seasonal positions; Commitment to a safe workplace; Contribution to health insurance benefits; Provision of fringe benefits (e.g. vacation, sick leavel retirement plans)~ Economic Impact Higher points to be awarded for: Contribution to diversification of Johnson County economy Potential for future growth of industry; Businesses that build on the resources, materials, and workforce of the local community. ] ] \\citynt\dschoon$\~les\eco dev strategy\cdbCprogram guidelines 2 doc Environmental Impact Higher points to be awarded: The more environmentally sound the company's operation; (e.g. comprehensive energy and resource efficiency programs; comprehensive waste reduction, waste exchange, and recycling programs). The more environmentally sound the company's products/services. (e.g. products/services that expand markets for recycled materials; development of renewable energy resources or products that conserve energy.) Community Involvement Higher points to be awarded: Businesses that have a history of contributing to their communities through volunteer work, financial contributions or other means. New start-up businesses that demonstrate their commitment to becoming involved in the community. General Requirements - Every applicant should provide average hourly wages for all new and existing jobs which meet or exceed the average county wage rate by industry. Ninety percent of the project positions should have a wage greater than the federal poverty wage rate for Iowa City (30% of median income for a four person household in Iowa City). Under special circumstances, consideration will be given to those companies who cannot meet this requirement. - Applicant must have a consistent pattern of compliance with the law and the spirit of the law, including environmental regulations, occupational safety and health laws, fair labor standards, the National Labor Relations Act, and the Americans with Disabilities Act, in order to be eligible for financial assistance. - Applicant must demonstrate the following in order to be eligible for financial assistance: the feasibility of the business venture: the reliability of the job creation and financial estimates; the creditworthiness of the business; that the project would not occur without city financial assistance. - A contract will be executed for any financial assistance awarded. Applicant will be required to repay all, or a prorated share, of the amount of the financial assistance awarded if the applicant does not fulfill the obligations of the contract. l 2 \\citynfdschoonSx, files\eco dev strategy\cdbg\program guidelines 2 doc Memorandum To: Steve Atkins ~ CO: Iowa City City Council From: Maggie Grosvenor Date: 04/16/01 Re: Fire at 2655 Indigo Ct, On Saturday, April 14th, a fire occurred in a Public Housing unit located at 2655 Indigo Ct.. The tenant is a foster parent and the child responsible for the fire was a foster child. There are 6 occupants living in the 4-bedroom unit and there were 2 additional family members visiting for the Easter weekend. The tenant carries renter's Insurance and the incident has been repoded to them. The Foster Care Program for Johnson County also carries Foster Parent Liability Insurance and they have been notified of the incident. The Housing Authority has also notified its insurance carrier. The foster children are being transferred to alternative care and the Red Cross has assisted the head of household. Public Housing only has 2-bedroom units available at this time so the Housing Authority will be issuing a Section 8 Voucher to the family so they might find a unit of the appropriate size. In the event that the family size is reduced and the 2-bedroom unit is of the appropriate size, the family will be offered this unit immediately. 2001 Current/Proposed City Council Schedule June - Current S M T W T F S 3 4 ~) 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ 20 21 22 23 24 25 26 27 28 29 30 June - Proposed S M T W T F S 3 4 5 6 7 8 9 10 11 (~ 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 27 28 29 30 clerk\calend01 .p65 2001 Current/Proposed City Council Schedule July - Current S M T W T F S 1 2 ~ ~ 5 6 7 8 9 10 11 12 13 14 15 16 ~ 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July- Proposed S M T W T F S 1 2 3 ~ 5 6 7 8 9 (~ 11 12 13 14 15 16 ~'} 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Clerk\calend01 .p65 2001 Current/Proposed City Council Schedule August - Current 1 2 3 4 5 6 (~ 8 9 10 11 12 13 14 15 16 17 18 19 20 ~ 22 23 24 25 26 27 28 29 30 31 August- Proposed 1 2 3 4 5 6 7 8 9 10 11 12 13 (~ 15 16 17 18 19 20 (~ 22 23 24 25 26 27 28 29 30 31 clerk\calend01 .p65 2001 Current/Proposed City Council Schedule September - Current S M T W T F S 2 ~ ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 ~ 19 20 21 22 23 24 25 26 27 28 29 30 September - Proposed S M T W T F S 2 '~ 4 5 6 7 8 9 10 (~ 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ 26 27 28 29 30 clerk\calend01 .p65 2001 Current/Proposed City Council Schedule October - Current S M T W T F S 1 ~v~ 3 4 5 6 7 8 9 10 11 12 13 14 15 ~ 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October- Proposed S M T W T F S 1 ~,v~ 3 4 5 6 7 8 ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 29 30 31 clerk\calend01 .p65 2001 Current/Proposed City Council Schedule November - Current S M T W T F S ] 2 3 4 5 ~ 7 8 9 lO 11 12 13 14 15 16 17 18 19 ~ 21 ~[ 2~ 24 25 26 27 28 29 30 November - Proposed S M T W T F S 04) I 2 3 4 5 ~c~ 7 8 9 10 11 12 (~ 14 15 16 17 18 19 (~ 21 ~,~ ~ 24 25 26 27 28 29 30 clerk\calend01 p65 2001 Current/Proposed City Council Schedule December - Current S M T W T F S 2 3 (35) 5 6 7 8 9 10 11 12 13 14 15 16 17 (~ 19 20 21 22 23 24 ~ 26 27 28 29 30 31 December - Proposed S M T W T F S 2 3 ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 ff 19 20 21 22 23 24 ~ 26 27 28 29 30 31 clerk\calend01 .p65