Loading...
HomeMy WebLinkAbout2009-12-10 Info Packet~~r ~~~ '.' ~®~~~ -.ti...~ CITY OF IOWA CITY www_icaov_ora CITY COUNCIL INFORMATION PACKET December 10, 2009 COUNCIL WORK SESSION DECEMBER 14 IP1 Council Meetings and Work Session Agenaa IP2 Memorandum from John Yapp, Executive Director: ECICOG Funding IP3 Schedule of Pending Discussion Items MISCELLANEOUS IP4 Memorandum from the City Clerk: Revised Meeting Schedule (January 2-8, 2010) IP5 Martin Luther King, Jr. Day of Service, January 18, 2010 [submitted by the Human Rights Commission] IP6 Iowa City Airport Commission Seeks Public Input on Strategic Plan Update IP7 Email from Megan Osweiler: State Tax Credit Review Panel and Public Meeting Schedule IP8 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related Activities IP9 Peninsula Holiday Open House December 12, 2009 Invitation: Reception for Henry Herwig, City of Coralville, December 22 [Distributed at 12/14 Council meeting] Memorandum from Housing Administrator: Media Release from U.S. Department of Justice [Distributed at 12/14 Council meeting] Memorandum from Public Works Director: Winter Storm Summary [Distributed at 12/14 Council meeting] DRAFT MINUTES IP10 Airport Commission: November 19, 2009 IP11 Airport Commission: December 7, 2009 IP12 Parks and Recreation Commission: November 4, 2009 IP13 Planning and Zoning Commission: November 16, 2009 IP14 Parks and Recreation Commission: November 18, 2009 IP15 Planning and Zoning Commission: November 19, 2009 December 10, 2009 Information Packet (continued) 2 IP16 Historic Preservation Commission: November 12, 2009 IP17 Senior Center Commission: November 19, 2009 IP18 Police Citizens Review Board: November 3, 2009 IP19 Police Citizens Review Board: November 18, 2009 ~ ~ ~~.~®R7 ~ :~n~~~~ ~~~~~ CITY COUNCIL INFORMATION PACKET -•t..s._ CITY OF IOWA CITY www.icgov.org December 10, 2009 COUNCIL WORK SESSION DECEMBER 14 IP1 Council eetings and Work Session Agenda IP2 Memorandu from John Yapp, Executive Director: ECICOG Funding IP3 Schedule of Pe ding Discussion Items MISCELLANEOUS IP4 Memorandum from the Ci Clerk: Revised Meeting Schedu (January 2-8, 2010) IP5 Martin Luther King, Jr. Da of Service January 18, 20 0 [submitted by the Human Rights Commission] IP6 Iowa City Airport Commission S ks Public Inpu n Strategic Plan Update IP7 Email from Megan Osweiler: State Ta Credit R iew Panel and Public Meeting Schedule IP8 Memorandum from the Director of Public o sand the Director of Planning and Community Development: Update: Flood-related activ 'es IP9 Peninsula Holiday Open House Dece ber 12, 2009 DRIAFT MINU1'`~S IP10 Airport Commission: Novem IP11 Airport Commission: Decem, IP12 Parks and Recreation Co n ~ann~ nc~ f Zc~P°~i n~ IP13 omn IP14 Parks and Recreati n Comn IP15 Comn 19, 2009 \ 7, 2009 .ion: November 4, 2009 ;ion: November 16, 2009 .ion: November 18, 2009 ;ion: November 19, 2009 IP16 Historic Pres rvation Commission: November 1z, 1UUy IP17 Senior Cen er Commission: November 19, 2009 IP18 Police Cit zens Review Board: November 3, 2009 IP19 Police C tizens Review Board: November 18, 2009 IL-IWV~ ~ 1 -~+ IP1 ~~~~ r"'®'~~ City Council Meeting Schedule and c~ o IOWA CITY Work Session Agendas December 10, 2009 www.icgov.org • MONDAY, DECEMBER 14 Emma J. Harvat Hall 5:45p Executive Session- Collective Bargaining (Separate Agenda Posted) Regular Council Work Session • Council Appointments • CITY STEPS Presentation agenda #7] ^ ECICOG Funding - (info packet #2] • Agenda Items • Information Packet Discussion (Dec 3 & 10] • Council Time ^ Budget Priorities • Schedule of Pending Discussion Items (info packet #3] ^ Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • THURSDAY, DECEMBER 24 Christmas Holiday -City Offices Closed • FRIDAY, DECEMBER 25 Christmas Day -City Offices Closed • SATURDAY, JANUARY 2 Emma J. Harvat Hall 8:30a Special Formal Organizational Meeting Election of Mayor and Mayor Pro tem • FRIDAY, JANUARY 8 Emma J. Harvat Hall 8:OOa-5:OOp Special Budget Work Session (CIP's) and Budget overview Special Formal (City Council Committee Appointments) • MONDAY, JANUARY 11 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, JANUARY 12 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • THURSDAY, JANUARY 14 Emma J. Harvat Hall 7:OOp Special Budget Work Session (Boards/Commissions/Events) ~~~~ __`"'~'®'~~ City Council Meeting Schedule and c-TY Of IOWA CITY Work Session Agendas December 10, Zoos www.icgov.org • MONDAY, JANUARY 18 Martin Luther King, Jr. Day -City Offices Closed • TUESDAY, JANUARY 19 Emma J. Harvat Hall 7:OOp Special Budget Work Session • WEDNESDAY, JANUARY 20 North Liberty 4:OOp Special Work Session -Joint Meeting 7:OOp Special Budget Work Session (wrap up) Emma J. Harvat Hall • MONDAY, JANUARY 25 Emma J. Harvat Hall TBD Special Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • MONDAY, FEBRUARY 1 Emma J. Harvat Hall 6:30p City Conference Board (Separate Agenda Posted) Regular Work Session • TUESDAY, FEBRUARY 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, FEBRUARY 15 Presidents' Day -City Offices Closed • TUESDAY, FEBRUARY 16 Emma J. Harvat Hall TBD .Special Council Work Session 7:OOp Regular Formal Council Meeting (Continue Work Session if necessary) • MONDAY, MARCH 1 Emma J. Harvat Hall 6:30p City Conference Board (Separate Agenda Posted) Regular Work Session • TUESDAY, MARCH 2 7:OOp Regular Formal Council Meeting Emma J. Harvat Hali • MONDAY, MARCH 22 6:30p Special Work Session Emma J. Harvat Han • TUESDAY, MARCH 23 7:OOp Special Formal Council Meeting Emma J. Harvat Han IP2 r Date: December 9, 2009 ~ ~ ~ 171 e m O To: Iowa City City Council From: John Yapp, Executive Director~~~ Re: ECICOG Funding At the December 2 JCCOG Urbanized Area Policy Board meeting, the FY11 JCCOG Budget was discussed, including the part of the budget which reflects funding for the East Central Iowa Council of Governments. It has been the practice since the formation of JCCOG for ECICOG assessments to be reflected in the JCCOG budget, based on aper-capita calculation of each Johnson County municipality, with the County budget paying for the unincorporated population. The ECICOG assessment is per capita, not explicitly based on the services received (see attached outline of assessment levels). In the other counties ECICOG serves, the County funds the entire ECICOG assessment. As long as ECICOG receives their per-capita assessment, they are neutral as to which funding mechanism is used. The ECICOG Director has stated that in a discussion with the ECICOG Executive Committee, their position is that ECICOG requires the full Johnson County assessment to continue services to Johnson County. Recently, Interim City Manager Helling sent a letter to Johnson County and to ECICOG (attached) indicating that Iowa City intended to not fund ECICOG in FY11. In FY10, Iowa City's portion of the ECICOG assessment was $20,740. This issue was discussed at the December 2 JCCOG Board meeting, and by an 8-6 vote, the JCCOG Urbanized Area Policy Board directed me to prepare the JCCOG Budget consistent with past budgets. Structure of JCCOG & Budget JCCOG is in the unique position of being organized under two governing bodies. For administrative purposes (employee saleries, benefits, personnel policies, accounting, etc.) JCCOG is considered a division of the City of Iowa City with all the benefits and restrictions of other Iowa City employees. By 28E Agreement and through assessments, JCCOG provides services to other JCCOG-member entities. JCCOG is designated as the Metropolitan Planning Organization for the Iowa City Urbanized Area. For policy matters including the annual JCCOG Work Program, Transportation Improvement Program, Long Range Transportation Plan and other documents which make JCCOG-member agencies eligible for the millions of dollars in federal transportation funds we receive every year, the JCCOG Board is the governing entity. C:\Documents and Settings\jyapp\Desktop\JCCOG-ECICOG Discussion.doc The structure of the JCCOG Budget, I believe, is a policy matter under the jurisdiction of the JCCOG Urbanized Area Policy Board and Rural Policy Board. Conclusion In light of the JCCOG Board vote, my suggestion is that Iowa City fund the FY11 ECICOG assessment and request a subcommittee be established to discuss alternative funding arrangements for ECICOG services to Johnson County in FY12 and beyond. Because the ECICOG funding arrangement will potentially affect all the entities of Johnson County, I also recommend including representatives of the JCCOG Urban and Rural Policy Boards in the discussion. Cc: Dale Helling, City Manager, Iowa City Louise From, Chair, JCCOG Urbanized Area Policy Board Jeff Davidson, Director, Iowa City Planning and Community Development Doug Elliott, Director, ECICOG Andy Johnson, Executive Assistant c/o Johnson County Board of Supervisors C:\Documents and Settings\jyapp\Desktop\JCCOG-ECICOG Discussion.doc ~^ i y y y yQ ~~ y '~` Q V U ~ O '~ ~++ V ~I ~`. ~ ~ O Cfl N N N ~ ~ ~ ~ CO ~ 0 C ° ~ f~ (O M O O O O O O O ~ M N O M O ~ ti O M ~ d0 00 ~ ~ ~ I~ ~ N O (O O CO O M N ~ ~ ~ O ~ ~ ~ h c0 CO O O (~'~ M O O~ 00 a0 M I~ M M ~ O r N O tt ~ r ~ 69 Efl Efl Efl ~ O ~ I ~ ~ d4 Ef3 EfT Efl ~ ~ ~ (h d9 ~3 tp ~ 64 Ur' ~ ; O ~ O ~ O ~ O ; O N M ; ; ~"~ E o ~ ~ ~t v ti ~ ~ to M ~ ~ ~ ~ ~ ~ U M ~ ~ » co ~ ~ e,~ w ~ O d0 O O O M Lf) 01 N ~ CO ~ ; ; O U' m v ('7 M O O M c-' N ~ M N O o0 ~ ~ I~ ti e- ~ M (+'~ C'7 M N N N fA N U c o in ~ N c~3 ~ ~ ~ t~n ~ ~ ~ ~ N E!) ER 69 ~ U ~ El3 W c o _ ~ ~ ~ M N Cfl 1~ O ~ 00 O ~ N h ~ ~ ti O ~ ~ oD c0 N O c0 c0 ~t N ~t c0 ~ cfl r- ~ N ~ ~ ~ N f~ O '~t I~ ti In (D '~t ~t ~ ~ O ~ M ~ ~ fA Ef? EA G9 69 Ef3 ff} N ~ N C (n M ~ fp C ~ Efl E~ 6R Ef3 `- ~ ~ ~ C ~ ~ _ '~ Q w ~ t~ O ~ O O >+ ~ •~- ~ ~' °~ c :n °~ ~ '` U '-> o -~ ~- a~ ~ -o >, ~ O m m c ~ c co m ~ > o ~ ~ ~ ~ n ~ ~ ~ ~ U ~ Z 1- (~ J ( O 2 (L 0 v 0 ~ r _._.®~,~ I ~m~ ~- .ITY _ ,- IOWA CITY www.icgov.org OFFICE OF THE CITY MANAGER Dale E. Helling interim City Manager dale-hell ing@iowa-city.org Kathryn L. Johansen Administrative Assistant to the City Manager kathryn-j ohansen@iowa-city. org 410 Washington Street Iowa y, IA 52240 Phone: (319) 356-50]0 Fax: (319) 356-5009 October 22, 2009 Mr. Terrence Neuzil, Chair Johnson County Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 Re: Iowa City's Funding Support for the East Central Iowa Council of Governments Dear Terrence: As we begin the preparation of our FY11 budgets, I wanted to confirm the City Council's decision to not include funding from the City for the East Central Iowa Council of Governments (ECICOG). You may recall that Council discussed the potential for this last year, and it was included as one of a number of budget reduction measures this past spring. We value ECICOG's services to the County and its municipalities. However, we have learned that Johnson County is one of the only, if not the only, county in Iowa in which the cities fund the regional planning agency. In other counties, the regional planning agency funding is provided by the county on behalf of all the citizens of the county. In addition, Iowa City receives few direct services from ECICOG compared to the other local governments and county government. In FY10, Iowa City's contribution to ECICOG is $20,740. Because Iowa City's funding for ECICOG is reflected in the JCCOG budget as well as the Iowa City budget, I have asked John Yapp to discuss this with the full JCCOG Urbanized Area Policy Board at their December 2 meeting. Let me know if you have any questions. Sincerely, Dale E. Helling Interim City Manager cc. City Council Jeff Davidson, Director of Planning and Community Development John Yapp, Executive Director, JCCOG Doug Elliott, Director East Central Iowa Council of Governments mgrlassUltrs/fy11 ECICOGI0-21-09.doc IP3 SUMMARY OF PENDING WORK SESSION ISSUES 12/9/09 Site Options for Proposed Justice Center (JANUARY/FEBRUARY) Inclusionary Zoning and Scattered Site Housing (JANUARY/FEBRUARY) Downtown Issues (JANUARY/FEBRUARY) Meet with Historic Preservation Commission re: energy efficiency/green issues (after guideline revisions are drafted) (JANUARY) City Manager Search (FEBRUARY 1) Nuisance Enforcement (FEBRUARY) Site of New Animal Shelter (after FEMA final decision) Flood Response & Mitigation Update (PERIODIC) Alley Inventory (SPRING `10) Backyard Chickens (SPRING '10) ~r_,---.r,®~ CITY ~F 10WA CITY 1P4 ~E~CJ DATE: November 17, 2009 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Revised Meeting Schedule (January 2-8, 2010) At your work session of December 7, 2009 Council agreed to the following changes in the meeting schedule for the first week of January January 2 -Saturday Special formal Organizational* meeting (election of Mayor & Mayor Pro tem), 8:30 AM January 5 -Tuesday No meeting January 6 -Wednesday No meeting January 8 -Friday Special BUDGET work session (CIP's) & BUDGET overview, 8:00 AM - 5:00 PM Special formal (City Council Committee appointments) Meeting Monday, January 11 through Tuesday March 23 remain unchanged. * City Code requires meeting be held between noon on January 1 and noon on January 6 Cc: Department Heads Bob Hardy, Cable TV Jerry Nixon, Cable TV City Hall Maintenance U: schedule (RJanuary-March2010) IP5 DAY OF SERVICE V~s~T www.icgov.org/humanrights FOR LOCAL SERVICE OPPORTUNITIES. IOWA CITY HUMAN RIGHTS COMMISSION JANUARY 18, 2010 'IL-IU-Uy IP6 ~ r ~~~~~ ::~1111~1. ~ • '"~'®~~ -+t..i_ CITY OF IUINA CITY IOWA CITY AIRPORT COMMISSION SEEKS PUBLIC INPUT ON STRATEGIC PLAN UPDATE The Iowa City Airport Commission will soon begin the process of updating the five-year Strategic Plan for the Iowa City Municipal Airport. The Strategic Plan update is intended to provide a guide for operation of the airport for the period 2010-2015. The plan sets specific goals for improved operations and includes strategies to achieve those goals. Before the Airport Commission begins the update process, it is seeking input from the public regarding their concerns, perceptions, and suggestions for Airport operations and improvements. A public meeting to receive comments from the public to assist in forming the new Iowa City Municipal Airport Five-Year Strategic Plan (FY2010-2015) is scheduled for Thursday, December 17, 2009, at 6:00 p.m. in the Iowa City Municipal Airport Terminal Building at 1801 S. Riverside Drive. Once the Strategic Plan update has been drafted, an additional public meeting will be scheduled to receive input. Those who are unable to attend the initial public meeting can forward comments to the facilitator of the process, Jeff Davidson, Planning Director, City of Iowa City. The mailing address is 410 E. Washington Street, Iowa City, IA 52240, or by email at ieff-davidsonli~iowa-citv.orQ. Comments should be received by December 17, 12 noon. The present Strategic Plan (FY2006-FY2010) can be viewed online at www.iccaov.orct/airport. Originating Department: Airport Contact Person: Jeff Davidson Planning Director Contact Phone: (319) 356-5232 IP7 Marian Karr From: meganosweiler@iowaleague.org Sent: Thursday, December 03, 2009 10:37 AM To: meganosweiler@iowaleague.org Subject: State Tax Credit Review Panel - Public Meetings Attachments: State Tax Credit Review Panel Members.docx State Tax Credit Review Panel ... Dear City Clerk and City Administrator/Coordinator/Manager, On November 19, Governor Culver ordered a comprehensive review of the state's tax credit programs and created the Tax Credit Review Panel. The Governor has asked Directors of six state agencies that oversee the tax credit programs to submit a review of their respective department's tax credit programs by December 10. The Directors will then serve on the Tax Credit Review Panel, which will review the programs and submit a report to the Governor addressing oversight, accountability, transparency, public reporting, cost-benefit, and recommendations on which programs should be continued, curtailed and or eliminated. A list of the panel members is attached. The Tax Credit Review Panel will hold public meetings December 15 in Cedar Rapids and December 16 in Urbandale, to hear from stakeholder groups and to gather public comments. The League of Cities has been invited by the Governor's office to present information at one of the public meetings on the impact of tax credit programs. In addition to the presentations of stakeholder groups like the League, the Review Panel will also take general public comment in two forms: a) through a public comment period at the end of each meeting and b) through a comment form available starting Monday, December 7th at www.governor.iowa.gov. The League seeks your assistance in voicing support of the tax credit programs, such as enterprise zones or state historic tax credits, either by attending one of the public meetings or through the comment forms available. This is one step in what will most likely be a continuous battle this legislative session. It is critical that cities voice their support for these programs now. Information on the meetings is as follows: Cedar Rapids Public Meeting Kirkwood Center for Continuing Education Room 159 D and E 7725 Kirkwood Blvd SW, Cedar Rapids, IA December 15, 2009 9:00 a.m. Urbandale (Des Moines) Public Meeting Urbandale Public Library Meeting Room A/B 3520 86th Street, Urbandale, IA December 16, 2009 1:00 p.m. For further information please contact Megan Osweiler at meganosweilerc~iowaleague.org or (515) 822-1314. 1 State Tax Credit Review Panel Members Dick Oshlo (Chair) Iowa Department of Management Fred Hubbell Iowa Department of Economic Development Jeff Ward Iowa Agricultural Development Authority Bret Mills Iowa Finance Authority Cyndi Pederson Iowa Department of Cultural Affairs Mark Schuling Iowa Department of Revenue Rob Berntsen Iowa Utilities Board r IP8 ~~.!_,r,®~~ CITY OF IOWA CITY ~~~ 1~DUM M Q RA ~E ~~ Date: December 10, 2009 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Engineering and Public Works Administration The contractor is working on the Iowa Avenue Inverted Siphon Sewer Project. The pipes under the river are installed. The contractor is working on the siphon structures. • The Iowa City Hazard Mitigation Plan has been reviewed by FEMA Region 7. The plan has been approved but will need public comment and final approval by Council. This process will begin in January. • The Project Partnering Agreement has been sent to the Army Corps of Engineers for the Section 14 Iowa River Bank Stabilization along Dubuque Street downstream from the Park Road Bridge. The plans and specifications are being developed by the Army Corps of Engineers. DNR is requiring a mussel survey be completed. The City has 12 of the HMGP Buyout properties demolished to date. The City is currently pursuing bids for the demolition of seven additional properties. The City will have approximately 11 more properties to demolish after the first of the year. Asbestos abatement for the seven properties will begin December 7th FEMA has approved the redelineation of the floodway on the west side of the Iowa River along Baculis and Thatcher Mobile Home Parks and Commercial Court. The CDBG funding was not approved for the West Side Levee Project. MMS will complete the design and staff will pursue funding. The City technical advisory committee met to discuss the relocation of the North Waste Water Plant. The Special Project Administrator has been hired and is developing the RFQ for consultant services. Water Division • Continued working with Engineering & Howard R. Green (HRG) for design on replacement of two 12" river crossing repairs (Old Plant and Hwy 6) 1. HRG is under contract to provide design, specifications bid documents and inspection for the two projects -approved by Council on 10-6-09. 2. Funding for this project was confirmed, including design costs, through FEMA and Deb Mansfield. 3. A meeting with City staff and U. of I. representatives was held on 11/19/09 to review design layout. U. of I comments were incorporated into the design work. a. Additional locate and survey work is being completed this week. b. The University of Iowa has requested coordination with a fiber optic bore in conjunction with this project. We will be working with them. December 10, 2009 Page 2 The HRG Hazard Mitigation Study is the source of planning for proposed funding and projects on the peninsula site and the plant site improvements. The PW and Hazard Mitigation Plan for peninsula work; CW 3, CW 4, SW 4, JW 2 and the respective electrical systems has been `obligated' by FEMA. 1. HRG is under contract to provide design, specifications bid documents and inspection for the two projects -approved by Council on 11-17-09. The HRG Hazard Mitigation Study is being used for additional funding request for hazard mitigation for plant site well houses. We are currently working with Dave Purdy. l . We have submitted information to FEMA for the Benefit Cost Analysis (BCA) to ascertain our eligibility. 2. We received communication from FEMA that the BCA looks favorable. We are awaiting their decision to proceed further. Planning and Community Development • Staff continues to negotiate with the Elks Club for acquisition of their flood prone property. The City received the contracts for the four new business programs and we are still waiting for the application forms to be released. The City continues to work on program requirements for CDBG funds to buyout residential properties. The required environmental and historic review steps are being completed. The City is hoping to have a contract in the next few weeks. The City sent out a letter to 54 Parkview Terrace property owners eligible for the CDBG buyout. The letter informed property owners that owned property in PVT at the time of the flood would receive an initial offer of 112% assessed property value in 2008. Property owners that have purchased flood-impacted property since the flood would be offered current market value. If the property owner is interested in accepting the initial offer, the property owner is encouraged to contact the City to start the buyout process. There is an appeal process for property owners that would like a buyout but are not satisfied with the initial offer amount. Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State Jumpstart 3 funding for housing rehab/repair, down payment assistance and interim mortgage assistance. A total of $1.42 million in State Jumpstart funding has been used to assist 65 flood-impacted residential households and $802,000 in Federal Jumpstart funding has been used to assist 17 households. IP9 N 0 _ o ~ ~ ~ O °"'~ Google Map View ~'~ `~' "- ~-~ .~ r ~~ rn ~rn ~" ~~rinto Peninsula Holiday Open House x,, ~ Peninsula Sales Office ---s 118$ Foster Road Saturday, December 12, 2009 Iowa City, IA 52245 You are invited to an informal holiday gathering in the Peninsula Neighborhood to celebrate the season with festive food, activities and music. Santa will be available to talk with the children and take photos, and we'll have fun activities to celebrate all of the holidays. Stop in any time between 2-4pm to meet neighbors and friends, and find out all of the exciting things going on in the Peninsul~a~ Cemetery _ ~. c ~~ ~_ _~ .- Q ~'~ ~. .... o ~~, _ ~~ '~ ~._ ~ ,z ~fr~ v .mss ~~ '. d~~• ~ ~ ,~ ._ - , ,j~l b`r .. _ pn',f:' vim" e% ~dy~ ty -. _. ~.~.~ tNti: ~~ ~i t' ~ ~~a, Palk Rd f° 4 ~= hiarrcli~er ~'~ ~ ~~ ~ ~COm1TllFter Lott ~~' - Fdr~u+k+~ye ~c~it~~a~ : ~ ~ ~,~ Mai d~t~ ©209 Google - Electronic invitation received from Sara Hamilton 319-887-1000 Page 1 of 1 Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Thursday, December 10, 2009 1:29 PM To: Marian Karr Subject: FW: Reception From: Ellen Habel [mailto:ehabel@ci.coralville.ia.us] Sent: Thursday, December 10, 2009 9:31 AM To: regenia-bailey@iowa-city.org Subject: Reception Mayor Bailey, Please share this with your council and any others who would be interested. Thank you. Please join us for a reception for Henry Herwig in honor of his many years of service to the City of Coralville and the City Council. Date: December 22, 2009 Time: 6:00 to 7:00 pm Coralville City Hall 12/10/2009 Monday, December 14, 2009 TO: City Council FROM: Steven J. Rackis, Housing Administrator RE: Media Release from the U.S. Department of Justice In 2007, the Iowa City Housing Authority and the Iowa Department of Inspections and Appeals conducted an investigation of a Housing Choice Voucher participant household regarding fraudulent activity related to housing assistance and food stamps. The results of this investigation were given to the Social Security Administration and Housing and Urban Development (HUD), Office of Inspector General (OIG) in January 2008. After consultation with HUD OIG, the participant's housing assistance was terminated in February 2008. The final results of this investigation are detailed in the enclosed media release from the U.S. Department of Justice. tom? U.S. Department of Justice United States Attorney Southern District of Iowa U.S. Courthouse Annex, Suite 286 515 / 473-9300 110 East Court Avenue Des Moines, Iowa 50309-2053 FAX 515 /473-9288 MEDIA RELEASE FOR IMMEDIATE RELEASE: CONTACT: Mike Bladel December 14, 2009 Law Enforcement Coordinator IOWA CITY WOMAN SENTENCED ON FEDERAL SOCIAL SECURITY FRAUD CHARGE DAVENPORT, Iowa- On December 11, 2009, Gloria Jean Hardiman, age 59, of Iowa City, Iowa was sentenced by United States District Court Judge John A. Jarvey to six months' imprisonment, announced United States Attorney Nicholas A. Klinefeldt. Hardiman had pleaded guilty to theft of Social Security Income benefits from the United States. Hardiman also was ordered to pay restitution totaling $104,817, a $100 fee to the Crime Victims Fund and serve three years' supervised release. An investigation by the Social Security Administration (SSA) revealed that Hardiman had applied for benefits under the Social Security Income (SSI) program in 1994 when she lived in Chicago. When Hardiman first applied, she falsely failed to indicate that she was married to Ephrin Wright, a material issue affecting her eligibility for SSI. As her benefits were renewed and continued during the period from May 1994 until November 2008, Hardiman repeatedly failed to inform the SSA of her marriage and income from Wright. The SSA eventually learned that Hardiman had married Wright in April 1994, had jointly declared bankruptcy with him in 2001, and the couple had registered vehicles and other property together at joint addresses in the Chicago and Iowa City area. As a result of this false information, Hardiman fraudulently received $94,780 in improper SSI benefits. Hardiman was ordered to pay $86,878 in restitution to the SS Iowa City Woman Sentenced on Fedeal Social Security Fraud Charge Media Release, 12-14-09 Page 2 of 2 As part of her total restitution, Hardiman was ordered to pay $17,939 to the Iowa City Housing Authority. From 2005 to 2007, Hardiman fraudulently received housing benefits through the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD). As in the case of her SSI claims, Hardiman failed to report that Ephrin Wright was her spouse and was living with her. Based on the findings of a 2007 investigation by the Iowa City Housing Authority and HUD, Hardiman's housing benefits were terminated in February 2008. This case was prosecuted by the United States Attorney's Office for the Southern District of Iowa. This investigation was conducted by the Social Security Administration, Office of Inspector General, the Department of Housing and Urban Development, Office of Inspector General, the Iowa City Housing Authority, and the Iowa Department of Inspection and Appeals. ### City of Iowa City MEMORANDUM r To: Dale Helling, Interim City Manager ' k Fosse Public Works Director ~~~ /~ From. Ric Date: December 14, 2009 RE: Winter Storm Summary Here are some quick facts and figures on our first winter storm of the 2009-2010 season: Precipitation: 7.5" mostly snow, some sleet Hours of Labor Clearing Roads: 592 hours straight time 391 hours overtime Salt Used: 563 Tons Sand Used: 310 Tons Snow Hauled from the Central Business District: 260 Truck Loads A Snow Emergency was declared on December 8t", effective December 9th at 8:00 AM through December 11th at 8:00 AM. In addition to regular media outlets, the following notifications were sent: • There were 1077 subscribers who got e-mail notification of the snow emergency. • There were 691 subscribers who got text alert notification of the snow emergency. To subscribe, go to ICGov.org. Citations issued: Wednesday - 167 Thursday - 148 TOTAL - 315 Cars towed: Wednesday - 126 Thursday - 113 TOTAL - 239 IP10 Airport Commission November 19, 2009 MINUTES IOWA CITY AIRPORT COMMISSION NOVEMBER 19, 2009 - 6:00 P.M. AIRPORT TERMINAL BUILDING PRELIMINARY Members Present: Greg Farris, Minnetta Gardinier, Howard Horan, Janelle Rettig, John Staley Staff Present: Sue Dulek, Michael Tharp, Jeff Davidson Others Present: David Hughes, Randy Hartwig, Patrick Sheridan RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council actionl• Persons who are appointed to the Airport Commission must be residents of Iowa City. CALL TO ORDER: Chairperson Rettig called the meeting to order at 6:00 P.M. Rettig then noted that she had asked City Attorney Dulek if there would be a conflict of interest on her part now that she is on the County Board of Supervisors. Dulek stated that she did review this and she briefly commented on what she found including an Iowa Attorney General's opinion. At this time she does not find any conflict of interest. APPROVAL OF MEETING MINUTES: The minutes of the October 15, 2009 meeting were reviewed. Rettig noted on page 3, in the 2nd paragraph, where it states..."..the Airport paid off their debt recently" that this is not entirely true. The debt on the North Aviation Commerce Park is what was paid off. Staley moved to approve the minutes of the October 15, 2009 meeting as amended. Farris seconded the motion. The motion carried 5-0. AMEND THE AGENDA: Farris moved to amend the agenda by moving item 4.g. up before item 4. b. Horan seconded the motion. The motion carried 5-0. PUBLIC DISCUSSION: None. 2 Airport Commission November 19, 2009 ITEMS FOR DISCUSSION/ACTION: a. FY2011-FY2015 Strategic Planning -Jeff Davidson, Director of Planning and Community Development, joined the Commission to discuss updating the Airport Strategic Plan. He noted that he is there to help them in developing the FY11-FY15 plan, and he encouraged Members to update and change the plan as they see fit. Members agreed that they would like to have this process completed by the end of the fiscal year. Tharp will review the Airport's Master Plan, and Davidson will give a review of the South Central District Plan. Davidson further explained how this plan ties in with the City's Comprehensive Plan. The conversation turned to what type of input the Commission would like to receive. Davidson suggested they use aweb- based system where they could receive public input, in addition to having a public input session with the Commission. Tharp will send a memo to tenants and other interested parties so that they are aware of the meeting. Members discussed having the input session from 6:00 to 7:00 P.M. on December 17, and then the regular Airport meeting will begin at 7:00 P.M. Davidson explained the process he will use in facilitating these meetings and what the Members can expect. g. FBO Staff Report -Sheridan spoke to the Members regarding the previous month's maintenance items. He noted that they have put the snow plow on the truck and are getting ready for the winter season. Business was up in the last week, with a few larger planes making landings now that the runway is open. He also noted the larger crowds on football weekends, adding that parking was getting tight at the last home game. Also noted was that Klay Johnson has resigned and Josh is now acting as the shop manager. b. Aviation Commerce Park -Tharp stated that he has not talked to Peggy Slaughter, but will try to reach her. c. FAA/IDOT Projects - AECOM - i. Runway 7/25 8~ 12/30 -David Hughes addressed the Commission, stating that 7/25 is open, and that there are a few things they will need to finish up in the spring. Rettig noted that they received an email from the first plane that landed on the newly opened runway, stating that it was "absolutely beautiful" to land on. Gardinier was second to land. Hughes continued, adding that 12/30 will be completed if they get some dry weather. If everything goes well they hope to have it opened yet this week. ii. Obstruction Mitigation -Hughes noted that there is no change from last month on this. Dulek offered to contact Mediacom regarding this, and Hughes will get the contact information to her. iii. Building H -University of Iowa Hangar Expansion -Tharp noted that the lease will be on the December meeting's agenda, and they will need a special meeting to set the public hearing. Tharp continued, stating that they have met with the contractor and are looking for substantial completion by December 15 and then another week or so to complete punchlist items. Airport Commission November 19, 2009 iv. FAA FY2011 Pre-Application -Hughes noted that Members should have a copy of what was submitted last year to the FAA. He has talked with Scott Tenor who does the Planning and Programming for the State of Iowa, and he shared Scott's suggestion of how they lay out their funding requests. Rettig asked for some clarification of the funding, and Hughes briefly explained the breakdown and ranking system. The discussion turned to the need for a storage building at the Airport and whether or not they could move up the equipment building project to FY10. The discussion continued, with Members agreeing that they would like to move this project up. Members then discussed the parallel taxi-ways and when this project has been slated for completion. They also talked about how this project will impact the Airport and the runways. Hughes noted that he will discuss this with Scott and will let the Commission know of any revisions to the schedule. d. Airport Operations: Strategic Plan-Implementation; Budget; Management - Rettig noted that Tharp may have printed out the wrong form for them this month. He apologized for this and noted that there was not anything unusual for this month. Rettig noted an article that she read in the newspaper, where the Department of Veteran Affairs is looking to lease 600 parking spaces in the Iowa City area. She wondered if the Airport would be interested in such a venture and briefly explained the requirements. Farris suggested they check into the possibility of using Airport grounds for storage of RVs, for example, as a way to increase revenues. This led to a discussion about the National Guard's building. Tharp noted that they have been slowly moving out, but that the Reserve has called and indicated an interest in renting this location. Gardinier suggested they look into using one of the lots they are trying to sell and use it for parking or storage. Members agreed that they should look into the VA request further and see if they can offer something. Tharp then asked if Members would let him know of any changes, additions, etc., to the annual report. At the December meeting the Commission will need to accept this and forward it on to the City Council. Rettig noted that she would like to add some of Horan's photos to this year's plan, and any charts and graphs that are applicable, as well. e. Airport Commission Eligibility - Dulek spoke to the Members regarding the change in the statute regarding eligibility. She reviewed this change, noting that the City Attorney is okay with making a recommendation to the Council that they can limit commission eligibility to Iowa City residents; however, she would like the Commission to explain to the Council why this is important to them. Rettig asked if Members wanted to extend the eligibility to County residents, but no one was interested. A letter will be written to Council to reflect this. Jet Air /Iowa Flight Training -Tharp noted that the contracts with Jet Air, both cleaning and maintenance, will expire at the end of the year. Both have automatic renewals, with the maintenance contract being for a year and the cleaning contract is done on a month-to-month basis. Tharp briefly touched on how things have gone with Jet Air, stating that he has been pleased with things. Gardinier brought up the issue of not being able to see the segmented circle from the air. She noted that 4 Airport Commission November 19, 2009 Patrick with Jet Air had previously discussed putting pea gravel around the segmented circle in hopes of bringing it out more. h. Subcommittees' Reports -None. i. Commission Members' Reports -Rettig commented on an article in the Gazette about three area pilots receiving FAA safety awards. Staff Report -Tharp noted that he was at the Airports 101 conference in Cedar Rapids recently. SET NEXT REGULAR MEETING: A special meeting will be held on Monday, December 7, at 7:30 A.M. to set a public hearing. The next regular meeting is set for Thursday, December 17, 2009, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Gardinier moved to adjourn the meeting at 7:40 P.M. Farris seconded the motion. The motion carried 5-0. Airport Commission November 19, 2009 AIRPORT COMMISSION ATTENDANCE RECORD YEAR 2009 NAME TERM EXP. 1/8 2/5 2/12 3/12 4/2 4/14 4/16 5/6 5/21 6/18 7/10 Greg Farris 3/1/13 X X X X X X X X X X X Minnetta Gardinier 3/1/15 --- --- --- X X X X O/E O/E O/E X Howard Horan 3/1/14 X X X X O/E O/E X X X X X Janelle Rettig 3/1/12 X OIE X X X X X X X X X John Staley 3/1/10 X O/E X X O/E O/E X X X X X NAME TERM 7/16 8/20 9/17 10/15 11/19 12/7 12/17 EXP. Greg Farris 3/1/13 X X X X X Minnetta Gardinier 3/1/15 X X O/E O/E X Howard Horan 3/1 /14 X X X X X Janelle Rettig 3/1 /12 X X X X X John Staley 3/1 /10 O/E O/E X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 1 L' 1 V'V.7 IP11 1 Airport Commission December 7, 2009 MINUTES PRELIMINARY IOWA CITY AIRPORT COMMISSION DECEMBER 7, 2009 - 7:30 A.M. AIRPORT TERMINAL BUILDING Members Present: Greg Farris, Howard Horan, Janelle Rettig, John Staley Members Absent: Minnetta Gardinier Staff Present: Sue Dulek Others Present: None RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action : None CALL TO ORDER: Chairperson Rettig called the meeting to order at 7:30 A.M. ITEMS FOR DISCUSSION/ACTION: Horan moved RES A09-27 setting a public hearing for December 17, 2009 for the lease of Building H between the Iowa City Airport Commission and University of Iowa. Farris seconded. Motion passed 4-0 (Gardinier absent). ADJOURN: Staley moved to adjourn the meeting at 7:31 A.M. Horan seconded the motion. The motion carried 4-0 (Gardinier absent). 2 Airport Commission December 7, 2009 AIRPORT COMMISSION ATTENDANCE RECORD YEAR 2009 NAME TERM EXP. 1/8 2/5 2/12 3/12 4/2 4/14 4/16 5/6 5/21 6/18 7/10 Greg Farris 3/1/13 X X X X X X X X X X X Minnetta Gardinier 3/1/15 --- --- --- X X X X O/E O/E O/E X Howard Horan 3/1 /14 X X X X O/E O/E X X X X X Janelle Rettig 3/1/12 X OIE X X X X X X X X X John Staley 3/1/10 X O/E X X O/E O/E X X X X X NAME TERM 7116 8/20 9/17 10/15 11/19 12/7 12/17 EXP. Greg Farris 3/1/13 X X X X X X Minnetta Gardinier 3/1/15 X X O/E O/E X O/E Howard Horan 3/1 /14 X X X X X X Janelle Rettig 3/1/12 X X X X X X John Staley 3/1 /10 O/E O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member IP12 MINUTES PRELIMINARY PARKS AND RECREATION COMMISSION November 4, 2009 - 5:30 p.m. MEETING ROOM B, ROBERT A. LEE COMMUNITY RECREATION CENTER Members Present: Lorin Ditzler, Maggie Elliott, Aaron Krohmer, Margie Loomer, Ryan O'Leary, John Westefeld Members Absent: David Bourgeois, Craig Gustaveson, Jerry Raaz Staff Present: Mike Moran, Terry Robinson Others Present: Ann Dudler, Andy Dudler RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council anion): None AFFILIATE GROUP DISCUSSION: This meeting was scheduled for the Commission Members to discuss the ongoing issue of how the Parks and Recreation Department should move forward with an affiliate group fee structure. Previous to that discussion, however, Westefeld reminded the group that historically for Parks and Recreation Commission, the current chair and one or two other members of the board work together to give nominations for the upcoming chair and vice-chair. Westefeld asked for those interested in this process to let him know. Elliott and O'Leary volunteered to help in this process. Westefeld also noted that he was recently in touch with the City Manager who is asking for any Commission Members who would like to be involved in the selection process for the Parks and Recreation Department Director to let him know. Krohmer, Loomer and O'Leary volunteered to be a part of this committee contingent on the time that this would entail. Westefeld will pass this information on to the City Manager. Westefeld then turned the discussion to the task at hand for this particular meeting. He asked Moran to give a review of why this meeting was called. Moran reported that after much discussion during the past two Commission meetings regarding affiliate groups, it was determined that in light of the time that was needed to resolve this issue, it was necessary to call this special meeting limiting discussion to this topic. He noted that it is his understanding that the purpose of tonight's meeting is to discuss the process, come up with three scenarios and then Commission will vote on them during the November 18, 2009 meeting. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 2 of 7 Moran noted that there are three issues to cover this evening. 1) Fee structure and cost recovery amount necessary from youth sports groups who rent fields from Parks & Recreation. To date he understands the consensus to be that Commission wants to charge them 10% initially of the actual City costs with a goal to raise to 40% over several years. 2) Fee structure and cost recovery amount necessary from those groups that rent rooms from Parks & Recreation. Commission to date has agreed to charge 50% of the costs incurred by the City to these particular groups. However, in lieu of the goal to recover 40% of non property tax support, may want to reconsider 40% recovery rather than 50%. 3) Fee structure, if any, for social service agencies. Some options that Moran listed are as follows: a. Determine social service agency discount based on their tax code. Moran included some documentation with descriptions of the different tax codes. b. Determine that social service agencies are exempt, therefore, no charge incurred. c. Require social service agencies to pay 10% of actual cost incurred by the City. d. Require social service agencies to pay same as other organizations (determined in #2 above) which would be 40%-50% of costs incurred by the City. Moran also distributed a list of talking points for Commission members to refer to when discussing this with groups. After tonight's discussion he will put together a draft letter to affiliate groups for Commission to review at the November 18 meeting. As there were two audience members present, and audience members are not allowed to speak at a work session, Westefeld clarified with them that they were here to only observe. Moran suggested discussing the items in the order listed. He first needs to determine if Commission is in agreement with a 10% cost recovery rate with the understanding that it would be increased over a period of time to 40% or 50% for the two baseball, one softball and Kickers organizations. Elliott asked if 10% would get us to the goal amount necessary. She further stated that she is not clear of the intent of this process; while she feels it is more justified to raise fees with the intent to make up a budget shortfall, she would prefer that it be done in a more structured pattern. Moran explained that staff presented council with a 10% reduction in expenses. While they turned this down initially, he believes it will be necessary in the future. In that initial budget, staff put together a $26,000 reduction figure. The idea was rather than cutting costs, to offset it through revenue. Ditzler stated that she understood the 40% amount was decided upon as this is the goal for the department for cost recovery. O'Leary asked if the department would break even with 40% recovery. Moran stated that is the case further stating that the idea for most of their programs is to break even, excluding special populations programs and some youth programs. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 3 of 7 O'Leary explained that he sees that there are three talking points. He said that he advocates that Commission agree to stretch out the increase over a slow time frame to make it easier for the groups (this includes all groups). He recalled discussion of increasing from 10% to 40% in four years. He feels this is too aggressive. He suggested perhaps spread these increases over a ten year time frame. Ditzler agreed with the idea of stretching out the time frame. O'Leary noted that from an equity standpoint, we need to have a better understanding of how these numbers will affect programs as he doesn't want to see any of these proposals dramatically affect their activities. He said that he has learned a lot from talking to some of the social service groups about their budgets and that they seem very open and have an understanding of this proposal. Moran noted that recreation fees generally increase on a two-year schedule. He thought perhaps that commission should consider the same structure for this policy. Elliott said that while she would like to see us do whatever is needed to meet the budget, and she is not opposed to increasing fees over a period time, she would like to do it in a more planned and creative way referring to the Master Plan as a guide. Moran noted that we don't have a complete understanding of what the budget process is as it is given to departments in a piecemeal fashion. Therefore, he does not have a clear picture of what needs to be cut in the future. O'Leary liked Elliott's idea of looking at budgeting in a more creative and constructive manner. He stated that his perspective is that if a group is required to pay even a token fee they will take ownership and have more respect for the system. While he doesn't want the fee to be a burden, he thinks there needs to be something that demands a little more respect of what we are supplying. He also noted that we cannot make assumptions that the revenue will be there, i.e. some groups may go elsewhere for room rentals etc. Robinson noted that staff will also be looking at a higher fee for out-of-town groups and tournament groups. His point being that staff is currently considering other ways of gaining revenue other than the proposal being discussed tonight. Ditzler agrees that it makes sense to look at what is needed for the budget, however, doesn't want to appear that we are being purely reactive to the budget situation. Moran said that his letter will reveal that this it not being done strictly to cover our budget deficit, it will reflect that we are not letting them use these facilities for free any more based on a new policy. Elliott again stated that she is not clear on the mission. She said it is important to tie it to something other than just charging money to make money. Krohmer noted that we are not accumulating money by these fees but that it is cost recovery. We have been expending this money on existing facilities that we have not been recovering from and that even if we were in better budgetary times, he would still support this proposal with the idea that perhaps we could fund something that may have been put off because all of the money has been put into these facilities and not into additional staff etc. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 4 of 7 Elliott said she doesn't feel she can move forward without something concrete to tie this too. Not being able to say that we are doing this for a specific cause makes this difficult for her. Krohmer said his understanding is that the mission and intent would be reflected when explaining that there will be a policy to recover about 40% of the costs incurred through fees and charges by the user. Elliott noted that this is more money than we had before so why is this amount necessary. Moran said that it offsets the property tax accumulation from the City so in turn reduces the amount of money that we use from the City. It helps us help the City so that they don't have to afford our programs by being more cost-effective. O'Leary mentioned that when talking with social service agencies and exploring fees, that while they would, of course, like for the rental fees to remain $0, they also said that 2% initially would not be a hardship for them, or if even a 5% in five years. He feels that this creates a small amount of equity. He is concerned that if we are too aggressive with this, that it will limit people from pursuing recreation. Elliott noted that what she understands now is that the increased revenue will offset how much the City has to pay to this department, however, it will not mean that we will have more staff. O'Leary noted that perhaps when groups start looking at the time actually needed for a facility, they may actually save money when they are more cognizant of what they need. He hopes that charging a fee will prevent groups from, for example, scheduling five days of use and then only using two days, therefore, we lose revenue. He also hopes that it will allow us to redistribute our staff if facilities are scheduled more efficiently, therefore, allowing staff more time for other triings. Moran stated it is a political process that is hard to explain. He said that we can show City Council that we bring in a certain amount of revenue for soccer fields, therefore, they may perhaps approve funding for an extra employee. O'Leary said that in the business/political world of grant writing, you may say look at what we did to recoup some of these facility costs, we are not going to necessarily surrender that amount, instead we are going to expand a park or other service, and perhaps we need to present an idea of how we plan to distribute this money. Westefeld noted that he sees three different elements here. He thinks that this proposal shows how the department has done things in the past, and while this is a proposal to recover costs in the here and now, potentially it could also help in the future. He believes that in addition to this there are a number of other things that can be done as well. He agrees with O'Leary that he too does not want to see a group not able to continue as in the past because of these charges. He asked that Commission to look at these items one by one and see if they can come up with a consensus. O'Leary said that he would like to add to the talking points that establishing a policy and a mission are the most important things. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 5 of 7 Krohmer suggested having a graduated system of fees for the sports organization. Westefeld asked for comments on the second point. O'Leary stated that his overall goal with all three groups is to make sure that we are asking the groups to be good stewards and that we need to at least look at recouping costs for cleaning, prepping, etc. Krohmer stated that as he has given it more thought he is not comfortable with compromising a token fee. Regarding concerns of more efficient use of facilities, he would even be comfortable with charging a fee to social service groups if it would discourage them from scheduling time that they don't actually use. Westefeld asked Commission members if they are comfortable with the 40% recovery. The overall consensus was yes with Elliott saying no. Westefeld asked where people stood on the sporting groups or social service agencies. O'Leary talked about his relationship with some of these groups, sitting on the Kickers Board, donating money to both Boys Baseball and Girls Softball. He noted that he was impressed with some of their ways of raising money for scholarships etc. He finds it interesting that by charging a 10% fee, Kickers would actually be paying less than they give currently voluntarily to the City. He is fearful that it would appear unfair to the other groups who have been at 0% level to jump to 10%. Krohmer suggested that perhaps we use the model that Moran mentioned where fees generally increase every two years for Recreation Programs. Ditzler likes increasing fees over an eight year span. V1~estefeld asked the group for their thoughts regarding social service agencies. Elliott noted her concern that this may be a conflict of interest in her case as Iowa City Hospice does rent rooms from the City and pays the full amount. Ditzler noted that based on what Elliott said, and other comments, it seems that the current system is not very fair. It seems that there is no particular reason that some groups are considered affiliate groups and others are not. This is another reason that she supports the need for a written policy. O'Leary noted that an organization such as ARC may represent both groups with members who are low income, however, ARC is reimbursed. Westefield noted that it seems that before the Commission can set a policy for social service groups, there needs to be a definition of who these agencies are. Ditzler said she is not comfortable with making that definition. She said we need to make that decision based on the tax status definition. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 6 of 7 O'Leary noted that there are groups that are able and capable of compensating within that 501 (c) (3) status and there are groups that have the budget for it. However, if we have a policy that states that 501 (c) (3) can get reduced rates, but in order to get for free they have to go through an application process this may help. Moran stated that there is currently no distinction based on tax status. If Neighborhood Centers for instance wants to purchase swim passes at a low income discount, they have to provide the same verification that an individual does -that being either Title 19 or income based. Moran suggested that the group may determine to exclude these social service groups entirely from any fee and look to the master plan for ideas on ways to solicit other revenue to cover these costs. Krohmer agrees with Moran's idea to remove 501 (c) (3) groups from the pay structure all together and then look at alternative ways of fundraising for them outside of fees. Moran further noted that we wouldn't charge them anything directly, but would charge it to the Foundation or charge it to an account that the Foundation sets up similar to a flower bed account for someone etc. Elliott asked if now may the time to bring in the Foundation and let them know what we are thinking. Moran said that it would probably be a good idea to do so. Westefeld agreed that this could be of benefit. Ditzler agrees with Krohmer's idea where all facilities (outdoor or indoor) are charged the same. Moran will summarize these recommendations and bring them to the November 18, 2009 meeting. Meeting was adjourned. PARKS AND RECOMMENDATION PARKS COMMISSION November 4, 2009 Page 7 of 7 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2009 NAME m ~ ° w ~ rn ~ o TERM ~' cv r> a' ~ co ~ ao °' EXPIRES David Bourgeois 1/1/11 X O/E X O/E X X X X OIE X O/E Lorin Ditzler 1/1/13 X X X X X X X X X X X Maggie Elliott 1/1/13 X X X X X X X X X X X Craig 1/1/11 O/E X X X X X X X X O/E OIE Gustaveson Aaron Krohmer 1/1/13 O/E X X X X X O/E X X X X Margaret 1/1/12 X O/E X X O/E X O/E X X X X Loomer Ryan O'Leary 1/1/10 X X O/E X X X X X X X X Jerry Raaz 1/1/12 X X X X X X X X X X O/E John Westefeld 1/1/10 X X X X X X X X X X O/E KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum IP13 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION NOVEMBER 16, 2009 - 6:00 PM -INFORMAL LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Ann Freerks, Charlie Eastham, Michelle Payne, Tim Weitzel, Josh Busard, Elizabeth Koppes, Wally Plahutnik MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Walz OTHERS PRESENT: None CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Vice-Chair Elizabeth Koppes PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: REZ09-00010: Discussion of an application submitted by Allen Homes, Inc. for a rezoning to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. Eastham recused himself because of a conflict with this application. Kuecker said a new site plan has been submitted that relocates some landscaping to provide for more useable open space, and some paths have been relocated to provide better ADA accessibility. All minor technical and labeling issues previously discussed have been addressed. Payne asked if some trees were removed from the plan. Kuecker said no trees were removed; they were simply relocated. Freerks asked about the changes to the building. Kuecker said the driveways were narrowed to allow for additional planting areas. Freerks asked if there was room to park in the alley. Kuecker said that the alley is not wide enough to allow for parking. Payne asked for explanation of a letter included in the Commissioners' packets. Kuecker said it Planning and Zoning Commission November 16, 2009 -Informal Page 2 of 4 was a letter from the applicant who felt like the previous meeting had had a lot of discussion about the private covenant documents over which the City has no authority. The letter is intended to clarify issues concerning those documents, though Kuecker advised that the documents are not something the Commission can consider in making its decision. SUBDIVISION ITEM: SUB09-00009: Discussion of an application submitted by DASH Properties, LLC for a preliminary and final plat of Hunter's Hideaway, a 1-lot (with an outlot for private open space), 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street. Plahutnik recused himself because the applicant is his employer. Walz said she had taken many phone calls about this issue. She explained that there are actually two lots on the property currently, and that this application is to reconfigure the lots. One lot would be a wooded outlot and another lot would contain the existing home. The intent of the subdivision is to allow the owner to sell the existing house to the current tenant. Walz said that there are several issues to consider with this application. Walz said that an access easement is necessary because there are other properties that get access to Washington Street off of the private drive. The creek sort of splits the property into three areas and Staff wants to make sure that each property owner has access easements through the other's property. Walz said that the original lot will remain what it is currently: a very oddly shaped lot with a single family house on it. The other lot will become Outlot A and will be held as private open space; though it will not be for the use of the surrounding property owners. Walz said that presently Staff does not have the legal paperwork for the various easements so Staff recommends deferral until the paperwork is submitted. Freerks asked if Staff anticipated the paperwork being submitted prior to Thursday night's meeting. Walz said she did. Miklo said the paperwork should be fairly simple since there were no construction or infrastructure issues, but the easements need to be in place to ensure proper access. Eastham asked if Staff has a preference for the location of the easements. Walz said they did not. Walz noted that if a future property owner wished to develop the outlot they would have to come in and re-subdivide to have the private open space designation taken away. Walz said that nearly all of the outlot is within the floodway and this, in combination with the sanitary sewer easement, makes it undevelopable for all intents and purposes. Walz said that there is always a way if one wanted to spend an extraordinary amount of money to get around those two things, but even so, the sensitive areas ordinances would also be a factor in determining what, if any, of the land was developable. Walz said she put this out there because she had received a large number of phone calls about the property. Miklo noted that the Central District Plan had identified this parcel as potential future park land, and that this subdivision will in no way preclude that from happening should the City and the owner reach a purchase agreement in the future. Eastham asked where public access would be if, in the future, Outlot A became public open space. Greenwood Hektoen said subsequent easement agreements would have to be Planning and Zoning Commission November 16, 2009 -Informal Page 3 of 4 negotiated in the event that Outlot A became public open space. Miklo noted that it could be that the City never actually acquires the property. OTHER: Eastham noted that there seemed to be some interest in exploring design principles along the major entranceways to the city that arose from discussions on the Wal-Mart rezoning. He asked if there was interest in coming up with some design principles or planning districts along the major entranceways to the City, as there did not seem to be any planning concepts in place that fit entranceways specifically as entranceways. Freerks said she thought the entranceways were identified in each of the district plans. Miklo said that entranceways are addressed but in a very vague and general way. Eastham said there are no development standards or concepts that he has seen. Miklo said that if there is a rezoning involved, the City can negotiate for additional landscaping or certain design elements. Miklo asked if the commission felt it would be a good policy to pursue the idea of putting a cohesive standard in place for entranceways. Payne said that Dodge Street offers anice-looking entranceway into town whereas the southern entrances to town are not as aesthetically pleasing. Freerks asked if such a policy would be something that would need to take effect when people upgrade their property or make a change in use. Otherwise alarge-scale investment from the City would be required, Freerks suggested, as it is not reasonable to demand that people improve their properties just to please the City. Miklo said that some cities have created what is called an overlay zone in which there are areas where entranceway/landscaping rules apply above and beyond what is required in other parts of town. Greenwood Hektoen said that the redesigning of a property would be what would trigger compliance. Miklo said that it was correct that the City could not just go in and tell a property owner to plant trees. Miklo said that a lot of those programs also deal with areas in the public right of way. Miklo said that twenty years ago the Coralville Strip looked similar to Riverside Drive and the initiative to improve it was apublic/private partnership. Freerks said such an initiative would require a lot of public input. Miklo added that there would also have to be money involved. Miklo said if it was something the Commission was interested in pursuing Staff could certainly put it on the work program pending list and discuss it after the first of the year when the next year's priorities are set. Miklo asked if the Commission would like him to put it on the bottom of the list, and several Commissioners said they would like that. Eastham said he also wished to talk a little bit about the sessions on the Riverfront Crossings planning process. He said the sessions were remarkably helpful and productive. Eastham asked if more data could be gathered on the area's market analysis as the planning proceeded. Miklo said that because Iowa City was affected by the flood, the Environmental Protection Agency and Rebuild Iowa Office asked Iowa City to enter a competition with other flood-affected communities to propose a planning project which those agencies would then hire consultants for. Iowa City was one of five communities selected for that program. One of the stated needs in the City's proposal was a market analysis to see what is possible. Miklo said that given that the consulting cost the City nothing, Iowa City's ambitions were bigger than what the EPA was able to fund. Miklo said one of the sub-consultants did do a market analysis, but it is very surface level. Miklo said that a more in-depth study was required to know if the plan is realistic, and in what timeframe it might be possible. Eastham said that a market analysis would be crucial to knowing what elements of the plan to pursue. Miklo thanked the Commissioners for their participation in the Riverfront Crossings planning process, and told them there were DVDs available if anyone wished to review the meetings. ADJOURNMENT: The meeting was adjourned at 6:25 p.m. Z ~_ N ~ D ~~ O W ~ ~ ZWo N Z N Q OD Q W C9 ~ Z_Q Z Z Q J a X X X X X X X o O X X X X X x X X X ~ X ~ X ~ X X X X ~ X X N X X X X X X X X X X X X X X ti °r~° X p X X X X X co I X X X X ~ X I ~ X X ~ X X X X X X X X X X X X X X X X X X M X X X X X ~ X N X X X X ~ X X X X X X X X X r w ~~ r ~ y ~ M r- N ~- O ~ O ~ M ~ o 0 0 0 0 0 0 ~ X W W ~ ~ = a 00 Q z W ~ w Q ~ -' v zQ ~-J w = v Y ~_ ~ Z m Q Y N ~ F' W ~ _ ~ d Z = N N N W d ~ Q ~- w ~ Q ~ ~ Y Q a J a ~ m w w co . X X X X X X X X X X X X X X r- o O X X X X X ~ X X X X X X ~ ti M X X X X X X X I M ~ M X X X X X X X ~ N X X X X X X X X X ~ X X ~W ~- r- M N ~ O ~ O ~ M ~ wa F,X ~ ~ 0 ~ ~n 0 ~ ~n 0 ~n 0 ~n 0 ~n 0 ~n 0 W W ~ ~ Q = Q Z Q W ~ W N 2 Z N = ~ Q ~ v a v Y F' z O w N ~ - ~ Q _ Y ~ W W ~ ' ~ w Q F- w a z = N ~.. v~ ~ v~ Q w ~ o- ~ ~ Q Q J - w m w u. Y a a ~ C7 Z F W W E `o ~~ a~ y O ` X m~ w ~~ ~ c ~ ~ ~~~Eco ~~ o a~~QZ o a Q n Z n ii w ~~ u xOOZ ; w Y IP14 MINUTES PRELIMINARY PARKS AND RECREATION COMMISSION NOVEMBER 18, 2009 - 5:00 p.m. MEETING ROOM B, ROBERT A. LEE COMMUNITY RECREATION CENTER Members Present: Lorin Ditzler, Maggie Elliott, Aaron Krohmer, Ryan O'Leary, Jerry Raaz, John Westefeld Members Absent: David Bourgeois, Craig Gustaveson, Margie Loomer Staff Present: Mike Moran, Terry Robinson Others Present: Del Holland, Carrie Norton, Sarah Walz RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None OTHER FORMAL ACTION TAKEN: Moved by Krohmer seconded by Raaz, to approve the October 14, 2009 minutes as written, Motion passed 6-0 with Bourgeois, Gustaveson and Loomer being absent. CALL TO ORDER: The meeting was called to order at 5:00 p.m. John Westefeld chaired the meeting. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Sarah Walz with Friends of Hickory Hill Park announced that the annual Hickory Hill calendars are now available for $10 each. She noted that this is their largest fundraiser of the year. She also announced that volunteers have been very busy in the park. These volunteers included a group of 1500 environmental students and an AmeriCorps team. All together they put in over 1000 hours of work this fall. Carrie Norton spoke to commission about the Wayside Shelter that has been constructed at Hickory Hill Park. She explained that her husband Dee Norton was on the Parks and Recreation Commission in the 60's. At that time the Parks and Recreation Commission recommended to the City Council a bond referendum, and because of that referendum the City now has Hickory Hill Park, Mercer Park, Willow Creek Park and Terrill Mill Park. Before her husband died he and Carrie had pledged to help the Friends of Hickory Hill Park buy the Dickens property and they also pledged to build a small structure for that area. When Dee passed away, people donated over $5000 to the Parks and Recreation Foundation. This helped in her decision to go ahead with the project, even with the current economic times. Moran and Walz worked very closely together and now the shelter is complete. Two items that Norton wanted to emphasize tonight were: 1) the decisions that the Commission makes as a board effect this community deeply and they are appreciated, and 2) the mechanism of the parks and recreation foundation works beautifully in terms of receiving funds, admonishing the funds, and writing thank you letters to those who donated. She made the comment that the Foundation is a little known treasure in the City. She thanked everyone very much and invited all to visit the Wayside Shelter. Westefeld PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 2 of 7 thanked Norton for her comments and noted that he was at the dedication and said that several things struck him-the number of people who attended and the heterogeneity of the people that were present. He further stated that this is a great example of a process that brought so many people together in the spirit of the project. O'Leary noted that during the annual bus tour they looked at the shelter and he is excited about the safe house structure as well. Norton likes that some of the design elements of the Wayside Shelter will be continued in the building of the safe house. AFFILIATE GROUP DISCUSSION: Westefeld noted that Commission, at the November 4, 2009 special meeting that was held to discuss an affiliate group policy, agreed to further discuss at the meeting tonight. Moran would like to get a general consensus from the Commission tonight on a policy so that he can send letters out to the affected groups inviting them to the December Commission Meeting. Moran was able to put together three concepts for such a policy based on discussion at the previous meeting. Since that meeting, Moran and Robinson have had some discussions with the affected groups. Moran noted that overall they seem to be okay with the idea as they understand the concept of being fiscally responsible. Kickers and Girls Softball were just concerned with how their past contributions would be recognized. In other words, they would like the donations that they have given figured into the equation when determining their fees for facility usage. Moran reviewed the three concepts: 1) Everyone pays 100%. 2) Public non profit groups will pay 10% of outdoor facility costs to be raised biannually until it reaches 40% of the cost sustained by the department. They would be charged 50% of incurred expenses for use of indoor facilities. This will actually be a cut for them as they are currently paying 100%. 3) No charge for social service agencies. This policy would eliminate the term "affiliate group." Moran noted that the definition of affiliate groups has become hazy over the last several years. They have existed for 25 plus years with the department. Krohmer noted that he believes that Moran's explanation accurately follows what was discussed at the previous meeting. His only issue would be that he wants to see a note added to add 501 (c) (17) veterans groups within the nonprofit groups. Commission agreed with this suggestion. He asked what the rationale is for charging 50% for indoor facilities and 40% for outdoor facilities. Moran said that there really was no rationale for this, therefore, Commission agreed to 40% cost recovery rather than 50% for both indoor and outdoor facility rentals. Ditzler agrees with Krohmers suggested changes/additions. O'Leary expressed his concern with not having the same Commission Members present at the meetings where this topic has been discussed. He believes it is a good idea to implement a token fee for those groups that serve the low income population. He further stated that in his conversations with a couple of these groups that they did not feel a 2% or 5% fee would be a problem. He feels that the policy should be more equitable. Jerry asked Moran for a definition of an affiliate group. Moran said that it was something that was adapted before he started his employment with the department so is not sure how these groups were assigned this status. PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 3 of 7 Elliott noted that she will abstain from the vote because of her position as Hospice Director. However, she is pleased with this policy. She expressed her appreciation to the group and the job they have done on putting this policy together. She did express some concern about the timing of such a change due to the economic state of many and also in terms of this department benefitting from this policy. Westefeld asked for input from the Commission regarding Kickers and Girls Softball in light of their large donations over the past several years. How do we justify charging them the same amount as groups who have not given donations to the City. Krohmer doesn't see a problem with this as the money they have given has gone for capital projects and the fields they use so they by far are the largest benefactors of their donations. However, there is a need for revenue coming in to cover the high maintenance fees of these facilities. Moran feels that when the groups actually figure out just how much 10% will be, it will not amount to that much. However, he did say that Kickers and Girls Softball may decide not to donate money for park improvements due to the need to pay for facility usage. Ditzler asked for further explanation of what the groups mean when they say they want to be recognized. Moran said they would like those donations to be figured into the equation, not that they want public recognition. O'Leary noted that Kickers and Girls Softball are decidedly different than the other groups based on the donations that they have given in the past. He feels they are setting a good example to other groups who should also be donating money to help reduce costs. In a discussion he had with Barb Kamber, Kickers Administrator, her point was that in addition to their donations, they currently pay 100% of the rental fee when scheduling Grant Wood Gym. O'Leary said that while Kickers has donated over $400,000 to the park, it could. also be argued treat they gave over one million dollars because the park was donated to them and then was held by the City because of insurance and maintenance costs. Moran corrected him by noting that this land was purchased by the Water Treatment Plant who only needed 34 of the 144 acres, therefore the City has always owned this land. O'Leary said that there has been an informal agreement between Kickers and the City that Kickers would donate a certain dollar amount. Kickers agreed to this with the thought that they would not be charged significant user fees. Westefeld asked Commission again if they are okay with the policy as written Raaz asked if there was something to define the different tax statuses. He was directed to a document that was included in the November commission packets. Krohmer said he is comfortable with discussing a token fee with social service groups but wanted to make it clear that it is not something that would occur over the next couple of years, as they have to be prepared when writing grants etc. He also stated that when it comes to a vote whether or not to charge these groups, he will vote no. He also feels that Council will never agree to a charge for these groups. PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 4 of 7 Commission was in agreement to leave policy as revised with the two suggestions mentioned by Krohmer: 1) Include veteran groups in the social service group definition. 2) Charge 40% of department costs for both indoor and outdoor facility use. Moran will draft a letter to affected groups. He will email a copy to Commission for their review and will then mail to the groups prior to the December meeting inviting them to attend that meeting. CIP PLAN. PRIORITIES 8~ ACCEPTANCE: Moran included a list of CIP projects in the commission packet. He noted that he and Robinson updated last years list with their suggestions regarding priority of such projects. He said that these projects may change prioritization based on the money that is available and flood related projects that need to be complete. Moran is asking Commission to review and let him know if there are any projects they would like to move on the priority list. Moran specifically pointed out some possible additional projects to the CIP list. One is the need to put in a second access to Lower City Park. Currently there is only one entrance/exit to this portion of the park which becomes very congested at times. Del Holland, member of the public, mentioned that he understood that the City cou-dn't build anything on this land. Moran noted that the City can build up to the end of the park property and have asked FEMA for an exception to that rule for this particular project. If they do not grant this request, it would mean that the access could not be concrete or asphalt but could be rock. Holland asked then couldn't there also be a trail constructed of the same material (rock or limestone). Moran stated that could be a possibility. Moran noted that the City has been awarded two trail grants. While one of them is a matching grant of $27,000 which can be covered in the budget, the second is a matching grant of $94,000 and this then would have to be added to the CIP list. He noted that the Mercer Park pool filter replacement project that was to take place this year was postponed as it was determined that there was a great need to repair/construct the solarium. The pool filter replacement will be bid out upon completion of the solarium. Moran reported that the North Market Square redevelopment was previously moved back from FY10 so he doesn't think Council would move this back another year. He also noted that Terry Trueblood had a vision of lighting all of the trails in City Park. However, Robinson and Moran are reconsidering as they are concerned about flooding of this area. Moran also discussed the possibility of putting a raised running track at Mercer, noting that this has become more important in light of the future University Recreation Center. Raaz stated that it would be helpful to have dollar amounts included on this list. Moran will include more detailed report in the December commission packet. RECREATION REVENUE REVIEW AND APPROVE: This is pending at this time as Finance has asked that the department revise their format for revenue reporting. Moran will include this report in the December commission packets. COMMISSION TIME: Ditzler went to the public input sessions regarding the Riverfront Crossings District. She said there was discussion about parkland development in this district. Elliott thanked O'Leary for representing Commission at the Council Meeting. PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 5 of 7 O'Leary reported that he too went to five of the sessions on the Riverfront Crossings District. He is currently .posting a survey on Facebook and has received approximately 20 responses regarding a possible riverfront walk route. O'Leary also noted that when he went to the Council meeting he discussed fees and revenues for Parks & Recreation as well as the farmer's market survey and the master plan. He further mentioned that he is excited about activity of the Foundation and is excited about the memorial fund brochure and endowment funds. He also recommended that the Commission invite the Optimist Club to come to a future Commission Meeting. He noted that the Optimists Club has been around for over 50 years and for at least 40 of those years have sold evergreen trees in the Dairy Queen parking lot on Riverside Drive. Over the last several years they have given money for playground equipment at College Green Park and the Pedestrian Mall. They have also given money to Boys Baseball and Girls Softball to name a few. They would like to put live evergreen trees in these areas as well. Raaz referred to an article in the newspaper recently regarding smoking on the Pedestrian Mall. He feels that it is important for the Commission to make Council aware of their thoughts on this topic. He personally feels that smoking should be banned on the Ped Mall. Moran commented that City staff is currently working with the Downtown Association regarding this issue, as well as the City Attorneys. Raaz also asked if there was anything that the Commission could do to support the idea of winter farmers markets. Neumann reported that she received a few recommendations via emails and phone calls. These have included using the armory building, Eastdale Plaza and the Johnson County Fairgrounds. Neumann feels that the Johnson County Fairgrounds may be the most feasible location as they have a large building that has a large door that would allow vendors to enter with their vehicles and unload items etc. There fee is approximately $400 per use and this could be covered through vendor fees. O'Leary asked if it continue to be held in the gymnasium at the Recreation Center. Neumann said that this is difficult due to other scheduling needs for that facility. Raaz asked what the plans are for maintenance and snow removal on the trails, feeling that it would be okay to leave some snow covered for those who want to snowshoe or cross country ski while also alleviating some pressure on maintenance staff. Robinson reported that staff is currently in discussions with the Engineering Department regarding these procedures. Staff will continue to work with the Legal Department on this to find out what the liabilities may be. Krohmer asked about the naming policy that is being proposed by Council. Moran will report during. his Directors Report (below). CHAIRS REPORT Westefeld thanked O'Leary for reporting Commission activities to Council. He reminded Commission that his last meeting as Chair will be in December and O'Leary's last meeting as a Commission Member will be in December as well. He noted that the December meeting will be a very busy meeting with a number of items on the agenda. Westefeld has shared with the Interim City Manager the names of those commission members who have volunteers to be a part of the selection team for the Parks & Recreation Director position PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 6 of 7 DIRECTORS REPORT December Agenda: Moran reported, as mentioned by Westefeld, that there will be a number of items on the December agenda. The affiliate groups will be invited for public discussion regarding the pending policy. There will also be a gentleman coming to discuss low income diSCOUnt procedures of the department and whether or not when purchasing a family swimming pass that caretakers should also be included in that discount. There will also be discussion of the CIP list priorities and fees and charges for the Parks and Recreation Department. Farmers Market Survey: There has been a very good response to the surveys with many of them coming in daily via the Internet and by mail. These are due by December 18. Staff hopes to have a report for the Commission at the January meeting. Terry Trueblood Recreation Area: Snyder and Associates will be present in January to review Phase II of TTRA plan. DogPAC: Robinson and Moran met with Dog PAC recently to discuss putting in a small dog park area at Rita's Ranch. No resolution came from this meeting. The group will meet again in February or March. Gift/Naming Policy: Dale Helling sent a memo to City Council regarding agift/naming policy. Moran will include a copy of this memo in the December commission packets. ADJOURNMENT: Moved by Krohmer, seconded by Ditzler to adjourn meeting at 6:30 p.m. Motion passed 6-0 with Bourgeois, Gustaveson and Loomer being absent. PARKS AND RECOMMENDATION PARKS COMMISSION November 18, 2009 Page 7 of 7 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2009 NAME C ~ m ~ o a` °~ m ~ o °~ ° TERM ~' <~ <h 'd' v'> co n ~ o`~ o ~ EXPIRES David Bourgeois 1/1/11 X O/E X O/E X X X X O/E X O/E O/E Lorin Ditzler 1/1/13 X X X X X X X X X X X X Maggie Elliott 1/1/13 X X X X X X X X X X X X Craig 1/1/11 O/E X X X X X X X X O/E O/E O/E Gustaveson Aaron Krohmer 1/1/13 O/E X X X X X O/E X X X X X Margaret 1/1/12 X O/E X X O/E X O/E X X X X O/E Loomer Ryan O'Leary 1/1/10 X X O/E X X X X X X X X X Jerry Raaz 1/1/12 X X X X X X X X X X O/E X John Westefeld 1/1/10 X X X X X X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum IP15 MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 19, 2009 - 7:00 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL PRELIMINARY MEMBERS PRESENT: Ann Freerks, Charlie Eastham, Michelle Payne, Wally Plahutnik, Elizabeth Koppes, Josh Busard, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen OTHERS PRESENT: Jesse Allen, Larry Pugh, Ed Foraker, Lars Anderson, Chad Struve, Adam Slager, Zeb Rino, Lane Thomas, Corey Tweden, Doug Alberhasky, Frank Gersh, Martha Gordon RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 5-1 (Koppes voting no; Eastham abstaining) to approve REZ09- 00010, an application submitted by Allen Homes, Inc. for a rezoning to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. The Commission voted 6-0 (Plahutnik abstaining) to approve SUB09-00009, an application submitted by DASH Properties, LLC for a preliminary and final plat of Hunter's Hideaway, a 1-lot (with an outlot for private open space), a 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street, subject to Staff approval of legal papers prior to City Council consideration. CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: REZ09-00010: Discussion of an application submitted by Allen Homes, Inc. for a rezoning to amend the Planned Development Overlay Medium Density Single Family Residential Planning and Zoning Commission November 19, 2009 -Formal Page 2 of 10 (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. The 45-day limitation period ends November 29, 2009. Eastham abstained from consideration of this application because he is a board member of an organization that owns property within 200 feet of the proposed development. Kuecker said that a new site plan had been submitted since the last meeting. The new plan relocates some of the paths to the shelter area in order to provide greater accessibility. Kuecker said the new site plan also narrows the driveway in the rear to provide more screening and green space. Outstanding technical issues have been addressed. Kuecker said that Staff's recommendation has not changed, and that Staff continues to recommend approval of the rezoning. Kuecker offered to answer any questions from the Commission; there were none. Freerks opened the public hearing, inviting the applicant to address the Commission first. Jesse Allen, Allen Homes, 3704 Lower West Branch Road, said that he had spent the previous two weeks going around and speaking to his neighbors to discuss the project, just as the Commission had suggested. Larry Pugh, 321 Westbury Court, said that he had attended the last meeting on the subject and had had strong objections to the project. He said that since that time Allen had taken the time to meet with him and fully explain the project and that he now supports Allen's rezoning application and wants to see the project succeed. Freerks said that this was the first time she had actually had someone come back before the Commission with a change of opinion and she applauded the efforts at conversation and the open minds of the parties involved. Ed Foraker, 3527 Middlebury, thanked the Commission for their service and openness. Foraker said he has 22 notarized protest forms from people who live within 300 feet. Foraker said he had contacted 23 people about the issue, and all 23 had agreed to sign the petition to keep the area as open space. Plahutnik asked Foraker to read the wording of the petition to the Commission. Foraker said it was a standard protest form given to him by the City. Foraker noted that every property owner contingent to the project is against it, and that most expressed the same reasons for opposing it. He said that all along Westbury Drive, property owners facing the proposed project said that they would like to see open space remain there. Foraker said that he believed that shrubbery and plantings could alleviate the City's concerns about the view of the backs of people's homes along Middlebury, rather than building a new 5-plex to obstruct the view. Foraker said petitioners also expressed concerns that the project would cause traffic congestion and parking issues; issues which are already a problem in the neighborhood. Foraker said that it is possible that there are water issues to be considered, as it is unclear whether the water retention system will actually function as intended. Foraker said that the Comprehensive Plan seems to support small neighborhood greens, which is exactly what will be taken away if this project is approved. Foraker said that he also wanted to point out that their condominium covenants show that area as open space. He said he understood that the City was not bound by the covenant, but the Commission should be aware that every person that purchased property in that area did so under the belief that that lot was going to be left as open space. Foraker said that Allen may not have intentionally deceived the homeowners, but that the homeowners were deceived nonetheless. Planning and Zoning Commission November 19, 2009 -Formal Page 3 of 10 Freerks asked Greenwood Hektoen to clarify the legal issues with the plat. Greenwood Hektoen explained that the lot was never actually designated as "open space," a technical term. The lot was shown as being undeveloped on the plat, but was not designated as open space. Greenwood Hektoen said she believed it would be difficult to establish that the neighboring property owners had vested rights in the property remaining undeveloped because the plat does not have the area marked as open space. Lars Anderson, 123 North Linn Street, an attorney representing Allen Homes, Inc., said that the condominium declaration had been amended prior to the purchase of any of the homes and that it clearly stated that there would be an additional dwelling in the development, though its location was undecided. Anderson said that it was clearly in the public record that there would be another building and that the site plan would be amended to incorporate that building, pending City approval. Freerks asked if the property had ever been looked at as a set-aside for the Parks and Recreation Department. Anderson said that it had not. Miklo added that in the original planned development the Planning and Zoning Commission had approved the configuration of Lot 1 with the townhomes on the perimeter. In order to add to that, Miklo explained, the Planning and Zoning Commission and the City Council have to take action allow to the planned development overlay. Miklo said that the property owner could not simply go out and get a building permit for another building; the public process involving the Commission and the Council is required. Chad Struve, 318 Westbury Drive, said that he was one of the first people to live in Old Town Village. Struve said that a lot of the original residents of Old Town Village were present to support Jesse Allen. Struve said there were not concerns from those who had been in Old Town Village for a considerable amount of time. Struve said there had been stormwater issues in the past but those problems have been solved. Freerks asked Kuecker for information on water issues. Kuecker said that when the stormwater retention facility was constructed one of the berms was constructed higher than the road, leading to flooding; that has since been corrected. Adam Slager, 3612 Glastonbury Street, said that he lives right next to the proposed building and he is in favor of it. He said that he had never been approached about a petition of any kind. Zeb Rino, 309 Westbury Drive, said that as a resident of Westbury Drive he believes he should have just as much say about what it looks like as someone living on Scott Boulevard does. He said that he would much rather see the facades of buildings than the back sides of them. Reno said that if Allen left the space open it would take a pretty large hedge to cover up all of the garages and the decks that make up the view currently. He said he would like to see the townhomes built. Blaine Thomas, address not given, said he lives across the street on the north side of Herbert Hoover Highway. Thomas said that Iowa City has been greatly affected by the nation's economic downturn. He said that he personally had recently had difficulties refinancing a home that he had purchased here in town. Thomas noted that money is a lot harder to get a hold of right now than it had been in the past. He said that Allen is a young man who employs hundreds of people in this community. Thomas said that he and two other people in the room were employed by Allen indirectly and that this project will keep the tax base moving forward and sustain momentum in Iowa City's building community. Thomas said the project is beautiful and the neighborhood is great and he asked the Commission to allow it to go forward. Planning and Zoning Commission November 19, 2009 -Formal Page 4 of 10 Corey Tweden, 445 Thornberry Avenue, said that he believes having homes facing the street would be an improvement over the current view, which is of the backs of homes. He said that there is a great deal of noise that comes from the backs of the homes, and the new building would also serve as a noise buffer. There were no further comments from the public and the public hearing was closed. Payne motioned to approve REZ09-00010, an application submitted by Allen Homes, Inc. for a rezoning to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. Plahutnik seconded. Payne said she drove by the area a couple of days ago and that she agrees with the sentiment that the building would improve the overall appearance of the area. She said she understood the parking issues discussed by residents, but that she did not think this building would make the issues exponentially worse, as the majority of the parking issues were probably caused by the presence of the nearby restaurant. Payne said the wetlands look great and they are not going to go away. She said the additional townhome would probably enhance the look of the area. Freerks asked Staff if a great deal of parking would be removed by minimizing the driveway. Miklo said that he did not believe there would be a net loss of parking; the new plan simply relocates six parking spaces. Miklo said that each home will have atwo-car garage with two parking spaces behind the garage. There will be no loss of on-street parking in front of the proposed building. Miklo said the City did recently prohibit on-street parking for a portion of Westbury Drive in response to concerns that restaurant patrons were parking on the residential portion of the street. Miklo said that the parking allotted in the plan exceeds zoning requirements. Koppes asked if Staff had come across any other OPDs that had been changed after development was complete. Miklo said that while there had been some modifications of OPD developments he could not recall ever having added a substantial number of units. Miklo said that in regard to concerns expressed about setting a precedent for changing planned developments, it is Staff's view that, like any other zoning matter, anyone can apply to change a given zoning and engage in the public process required for reaching a decision on that application. Koppes asked if there was no concern that developers might in the future simply leave a lot undesignated and then come back to try to rezone it later. Greenwood Hektoen said that every decision made by the Commission is individualized and does not have precedential ramifications. Miklo said that even if the property owner had designated the lot as open space, he would still have the right to ask the Commission and the City Council for permission to change that designation. Miklo said the Commission plays an important role in this decision. Busard said he is somewhat conflicted on this issue due to the parking issues and the possibility that there was some misunderstanding about whether or not the lot was intended to remain open on the part of area homebuyers. Busard said he had initially had concerns about setting a precedent for changing an already-developed OPD, but accepts Greenwood Hektoen's assurances that the decision will remain individualized. Busard said he would likely vote in favor of the application. Planning and Zoning Commission November 19, 2009 -Formal Page 5 of 10 Plahutnik said that the whole Commission was conflicted on this issue. He said that he understands the viewpoint of the property owners who believe they are not getting quite what they paid for because it was their understanding that the space would remain open. However, he said, the Commission is not party to the covenants in questions and so it can consider only the tenets of the zoning code and the Comprehensive Plan. Plahutnik said the building is compatible with other buildings in the neighborhood. He said that he lives on Gilbert Street so by his reckoning there are no parking issues to speak of in Old Town Village. Plahutnik said that it all boils down to what an individual can do with his/her property. He said that the owner has come before the Commission with a reasonable plan that is not excessively dense. Plahutnik said he finds himself in a position where he must regretfully support the application. He stressed that communication is so important, and that it is so much better when a developer can lay out expectations from the very beginning and communicate them to nearby homeowners. Weitzel said he too has felt conflicted on this issue. He said there seemed to be a genuine appearance that this open space was intended to remain that way forever to homebuyers. However, he said there was in fact no legal guarantee for that, and the land is developable. Weitzel said that it might not have been a reasonable expectation to believe that properties fronting on Scott Boulevard would retain open backyards forever. Weitzel said that quite a bit of green space will remain in that development between the wetlands and the improved designated open space the developer is providing. Weitzel said that in addition to open space, other factors need to be considered, such as maximizing density for a given zone; failure to do so leads to other issues. Weitzel said the rights of the developer must also be considered, and while it may be unpalatable to him, he will also vote in favor of the application. Koppes asked if the open space being dedicated is guaranteed to remain open space. Miklo said that it will remain open space for as long as the Planning and Zoning Commission and the City Council say that it must remain open. Someone could always petition to have the designation changed, as is happening with the lot currently under consideration; although it is doubtful that Staff would recommend it. Koppes said she is inclined to vote no on the application because she feels like a development plan was in place, and that it is not right or fair to change it now. Freerks said that it often happens that people come before the Commission upset about the development of land that they do not own but believed would be open space indefinitely. She said that while she has a great deal of empathy for that situation, ultimately it comes down to the fact that property owners have the right to develop their land for uses in accordance with the zoning code and the Comprehensive Plan. Freerks said that change is difficult and she feels for the neighbors. She said that she hopes at some point the neighborhood can come together on this issue. Freerks said she must look at each development individually, and she does believe that because the lot was not designated as open space or park land the property owner's position must be respected. She said that a great deal of open space remains, and that in the end, she believes that the amenities and upgrades to the remaining open space will be positive for the area. Freerks said she is no longer concerned about parking or stormwater issues for the neighborhood. Freerks said that the current plan is a better plan than the one presented two weeks ago. She thanked everyone for coming to participate in the process; noting that if no one had expressed concerns at the last meeting then the plan presented there would likely have been approved. Freerks said all of the conversation resulted in a better plan, a better view, and better open space. A vote was taken and the motion carried 5-1 (Koppes voting no; Eastham abstaining). Planning and Zoning Commission November 19, 2009 -Formal Page 6 of 10 SUBDIVISION ITEM: SUB09-00009: Discussion of an application submitted by DASH Properties, LLC for a preliminary and final plat of Hunter's Hideaway, a 1-lot (with an outlot for private open space), 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street. Plahutnik recused himself from consideration of the application because his employer is the applicant. Miklo explained that the property has frontage on both Washington Street and Jefferson Street. There is an existing house on the property that has a driveway from Washington Street within an easement shared by two other properties in the vicinity. Miklo said there is an odd panhandle shaped strip of land on the property that goes back almost all of the way to Court Street. Miklo said that Staff's understanding is that this panhandle was an old railroad right of way that attached to this property at some point in history. There is a creek running through the property which divides it into three segments. The proposed preliminary plat would create two lots: one with the existing house and the panhandle on it and another lot for private open space. The outlot would front Jefferson Street. The lot on which the existing house is located would continue to front on Washington Street. Miklo said the property is zoned RS-5 which allows single family homes on lots of at least 8,000 square feet. That zoning code requires a 60-foot lot width or frontage on a public street; Miklo said that that requirement is fulfilled on both proposed lots. Much of the area is encumbered by floodplain, floodway, potential wetlands and woodlands in the area, as well as a major sanitary sewer easement. As a result, the outlot would be very difficult to develop. Miklo said that with the current plat, there will be no development on Outlot A unless the applicant comes back before the Planning and Zoning Commission and the City Council to ask for the designation of private open space to be removed. Miklo said there may very well be a place on the property where a house could be built, but that it would have to be looked at very carefully. Miklo said that the other lot will retain the existing house and will not change. He said it is possible that another garage or outbuilding could be built on the lot, but not another house. With this subdivision, Miklo explained, there will be no increase in density or housing units being approved. Miklo said that an access easement has been requested because of the configuration of the creek on the property so that if the outlot needs any maintenance or improvements the owner can reach it. An access easement has also been added to the lot with the existing house on it. Miklo said that all of the technical deficiencies with the plat have been corrected and the City attorney is reviewing a draft of the legal papers. Staff is recommending approval of the application subject to Staff approval of legal papers prior to City Council's consideration of the matter. Miklo offered to answer any questions Commissioners might have. Payne said that her concern was whether the access easement actually afforded access to the property in real life or just on paper. Miklo said there are places that are rugged but that he believed that for the purposes that someone would need to get back there it would suffice. Payne asked if the easement were actually useable. Miklo said it is probably the best alternative for the property. Eastham asked how wide the easement is and Miklo replied that it Planning and Zoning Commission November 19, 2009 -Formal Page 7 of 10 is ten feet wide. Koppes asked what the purpose of the subdivision is. Miklo said that it is his understanding that the people who currently rent the home wish to buy it, but that they cannot afford the whole property. As a result, the applicant is retaining a portion of the property for their own personal open space. Payne asked for clarification on concerns expressed by a neighbor in an a-mail to Staff. Miklo said that the neighbor was concerned about property lines, but that he did not believe that was an issue because all of the property lines in question are internally set. Miklo said that concerning the neighbor's letter, one of the issues in play is that the property line is along the creek and the creek moves somewhat. Freerks opened the public hearing. Doug Alberhasky, 911 E. Market Street, said that both his wife's family and his own family have a long history with this property. Alberhasky said that his grandfather's last memory before leaving for World War II was pulling up all of the old railroad iron on the property; the outlot was a pasture where his grandfather's family raised cows and livestock. Alberhasky's wife grew up at 1200 East Washington Street, and her godmother owned the property prior to Alberhasky's purchase of it. Alberhasky said that the couple had rehabilitated the house and rented it, but the reason for subdividing the property is to provide a space for his son to go camping and to recreate in. Alberhasky said that the current tenants have been wonderful tenants and really want to buy the property, but cannot afford to buy the entire property. Alberhasky said that he had never dreamed that the process of getting the property subdivided would be such a pain. He said he and his wife have no evil intentions in mind and that they would consider giving the outlot portion of the property to the Johnson County Trust or something like that at some point in the future. The idea behind the subdivision is simply to allow the house to be affordable for the tenants to buy and to provide a recreational space for the Alberhasky family. Payne asked if the 10-foot easement was sufficient for accessing the property. Alberhasky said that it is, and that he has put a lot of time, energy, equipment and work into restoring the property to its more natural state. Frank Gersh, 1041 Woodlawn Avenue, said that the area is a very beautiful one and that Alberhasky has done some very good things in planting prairie grasses and removing scrub trees. Gersh said it was not clear to him whether building actual buildings on the outlot was a part of the plan. If it is, he would not support it. Miklo said that approval of this subdivision would not approve additional buildings. Although there is potential in the future for one additional house to be built on the subdivided property, it is not being proposed at this time. Freerks noted that Commissioners had received a letter from the Johnson County Soil and Water Conservation District which talks a great deal about endangered species, soil types, etc. that would have to be carefully looked into before further development could be considered. Freerks said it is clear that good things are happening with the property, but that she respects Gersh taking the time to express his concerns. She said that she has the impression that a lot of work would need to be done before anything could happen on that outlot. Greenwood Hektoen said that unlike the previous application, this outlot would be designated as private open space. She said that if the applicant ever applied to be permitted to build on the lot then neighbors would be notified, the property would be posted, and an intensive sensitive areas review of the property would be done. Greenwood Hektoen explained that in order to build a house on the existing lot, the owner would have to tear down the current house and build a new one. Gersh asked why a new easement is necessary if there already is one in place. Miklo said that in order to get to the back half of the outlot there needs to be some access from Washington Street. Miklo said that if there is no easement in place the only legal access to Planning and Zoning Commission November 19, 2009 -Formal Page 8 of 10 Outlot A will be from Jefferson Street. Miklo explained that the easement would allow the owner to build a driveway if they wished. Gersh asked if the 100-year floodplain would affect any future plans to build. Freerks said there is no reason that an outlot cannot be located in a floodplain, and there is no discussion of building at present. Miklo said that in the future if anyone wished to build on either of the lots they would have to build one foot above the 100- yearfloodplain either by building on stilts or bringing in fill. Martha Gordon, 1041 Woodlawn Avenue, asked what the property is designated as now, and what the difference would be if the designation was switched to private open space. Gordon asked why the change was needed, and if there was any protection from building on it in the future other than the difficulty of building on that site. She said although she does not own the property, she would like to make sure that it is preserved because it is a really nice wooded area. Miklo explained that as it exists now there is more than one lot there. Miklo said that the purpose of the change is to allow for the sale of the existing house to another party. Without the subdivision, that would not be possible. Freerks explained that the lot would be considered a "difficult" one by many developers and owners; however, it is precisely because this owner has a history with the property and cares for it that he wishes to see it subdivided so it can be better utilized and maintained. Payne noted that designating that strip Outlot A made it difficult to build upon without jumping through several hoops. There were no further comments from the public and the public hearing was closed. Eastham motioned to approve SU609-00009, an application submitted by DASH Properties, LLC for a preliminary and final plat of Hunter's Hideaway, a 1-lot (with an outlot for private open space), 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street, subject to Staff approval of legal papers prior to City Council consideration. Payne seconded. Eastham said that he wished to respond to a letter from Joan Jehle of 1167 E. Jefferson Street. He said that it is his understanding that the Commission and the City Council do not have authority to re-establish property lines. Weitzel said he wished to reiterate that the subdivision is being done to allow someone to purchase the home they are currently renting. Weitzel said that it does sound as though the current landowner has a mind toward stewardship. Weitzel said that while the lot is very difficult to build on, it is not impossible that at some point someone will take the time and expense required to look into that possibility. Even so, Weitzel said, it seems like this is the best use of the land and fits all of the zoning criteria. Freerks said there are not that many places like this left in Iowa City and she is glad it is being preserved and well taken care of. She said she appreciated Alberhasky's efforts to subdivide the land. A vote was taken and the motion carried 6-0 (Plahutnik abstaining). Planning and Zoning Commission November 19, 2009 -Formal Page 9 of 10 CONSIDERATION OF MEETING MINUTES• November 2 & 5. 2009: Busard motioned to approve the minutes. Payne seconded. The minutes were approved 6-0 (Plahutnik not present at time of vote). OTHER: ADJOURNMENT: Weitzel motioned to adjourn. Koppes seconded. The meeting was adjourned on a 6-0 vote (Plahutnik not present at time of vote) at 8:05 p.m. i ~iXiXixiXixixiXi r r ~IXlxlxlx xlxlx ~OIQIXIXIXIXIXIXI ~IXIXIXIOIXIOIX ~IXIXIXIXIO XIX XIXIXIXIXIXIXI o x x x x x x x ~ N ~~ ~ X O X X X X X C OU OU Z N W X X X X w O X F C9~ w ,,n 0 ~ w ~Zo ~ ~ X x o x x x x ~ N a N Q e ~ X X X X X ~ X 0 ~ Q W O ~ lL ~ s H Z Q ~ X X X X X X X Z a M x x x x x o x N XIXIXIXIOIXIX SIX X XIDIX XIX W ~ ~ M N O O M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W o 0 0 0 0 0 0 W ~ ~ =az00WQ w~vzQ~-J=~~_ Q ~ W V Y ~ Z~QYN~F'W ~ _ ~ W W ~ N QF-waz=F.. ~Q~OQJw mw~Yaa~ ~O X X X X X X X T r ~ X X ~ X X X X r o O X X X X X ~ r X X X X X X ~ I O ' eh X X X X X X X I M I ~ N X X X X X X X M i ~ N X X X X X X X X X O X X ~W ~ ~ c"') N O O M wa ~ ~ ~ ~ ~ ~ ~ ~n ~ ~n ~ ~n ~ ~n ...X 0 0 0 0 0 0 0 W W_ ~ ~ Q J W J J = 2 Z N ~ W t = ~ Q ~ V Q W U Y ~ Z 0 ~ ln N ~ ~ J ~ _ ~ W W ~ N Q r- w a z = ~ cn ~ cn Q w ~ a O ~ Q Q .~ - w m w u. Y a a ~ E `o ~~ N o ` U Z ~ X ~ .~- ~ ~ .~ c a~ ~ ~~~Eco ~ ~ ~ o m~QZ o aQ„ z u iiwn u ~~ , xOOz I w Y "1 L-l U-U7 IP16 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION NOVEMBER 12, 2009 PLANNING AND COMMUNITY DEVELOPMENT CONFERENCE ROOM MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Lindsay Eubanks, Pam Michaud, Jim Ponto, Dana Thomann MEMBERS ABSENT: William Downing, David McMahon, Ginalie Swaim, Alicia Trimble, Frank Wagner STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Mark Holtkamp, Lynn Zimba RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): None. CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. Bunting Eubanks said that Kuecker presented her with an application that Kuecker felt could be signed as a certificate of no material effect. Bunting Eubanks said, however, that she is a little hesitant to sign the certificate without everyone on the Commission having a look at it. Bunting Eubanks said the house is a ranch house, anon-historic property at 748 Grant Street in the Longfellow Historic District. She said the project is to replace two windows at the rear of the house with a sliding glass door. Bunting Eubanks said the approval would be subject to the door either being solid or metal clad solid wood with trim to match the remaining windows and doors. Bunting Eubanks said Kuecker feels that because this is anon-historic home, a certificate of no material effect is appropriate. Bunting Eubanks said she would sign the application unless someone on the Commission had an objection. Kuecker showed a photograph of the back of the house. Ponto said that it seems that a sliding glass door would be appropriate for a ranch house. Other Commission members agreed. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CONSENT AGENDA: Kuecker said that she places on the consent agenda simple projects that she feels generally meet the guidelines. She said if the Commission feels any of them need to be discussed in further detail, that item or items may be removed from the consent agenda. 321 E. Davenport Street. Kuecker said there was a fire at this house in May. She stated that the Building Official has deemed the building unsafe and is requesting its immediate removal. Kuecker said that because of its dangerous condition and the unlikelihood of the house being reconstructed, staff is recommending approval of the demolition, provided the new structure comply with the guidelines, and receive a certificate of appropriateness from the Commission. 621 Rundell Street. Kuecker said this application is for the replacement of windows with windows of the same size. She said the owners would be maintaining all the trim but would just be putting in new window inserts. Historic Preservation Commission November 12, 2009 Page 2 Ponto asked if the three windows in this project are all the same size. Kuecker was not certain but thought not. She stated that the replacement windows are the size of the current windows. Ponto asked if there would be any problem with siding, and Kuecker said there should not be. Ponto asked if the existing trim around the windows would be kept, and Kuecker said that is the plan. Michaud said that with the different sizes it is possible that these are not original windows. Kuecker said that because this is a Moffitt House, it would not be uncommon for the windows to be of different sizes and it is likely that these are the original window sizes. She said that two of the three windows were damaged in a fire, and the owners would like to have all three of the windows be of the same style and look. 726 Clark Street. Kuecker stated that the owners of this property would like to install a sliding glass door on the rear and put in a nine by eleven deck. She showed a photograph of the two windows the owners would like to remove and replace with the glass door. Kuecker said staff feels this is appropriate and meets the guidelines, provided that the sliding glass door is either metal clad wood or solid wood and the handrail looks like the one in the staff report. MOTION: Baldridge moved to approve certificates of appropriateness for the three consent agenda items, subject to the conditions stated in the staff report. Baker seconded the motion. The motion carried on a vote of 6-0. (Downing, McMahon, Swaim, Trimble, and Wagner absent) CERTIFICATES OF APPROPRIATENESS: 613 Grant Street. Kuecker said that this house is a contributing property in the Longfellow Historic District. She said the applicant would like to replace the exterior doors and windows. Kuecker said the proposed windows are JELD-WEN metal clad wood sash replacement windows. She stated that the two larger windows on the north side are bedroom windows and will need to be wider to meet egress. Kuecker said staff feels that because all the windows of the same size will be increasing by the same size on one side, it will be compatible with the style of the house, more so than casement windows. Kuecker said that in staff's opinion, the window replacements will have minimal impact on the historic character of the house, provided that they are of a darker color similar to the black windows that are currently there. She said black or another dark color such as dark green would be appropriate. Kuecker said that details about the doors were not provided in the application. She said staff feels the front door is in a condition that could be maintained, and it is likely a historic door. Kuecker said that unless the applicant provides some evidence that the door is deteriorated and beyond repair, then staff feels the door should be retained. She said that the rear door should be subject to staff approval. Kuecker said staff is recommending approval as presented in the application with the conditions that: the divided light pattern match the pattern on the existing windows, with the use of either true divided lights or with muntin bars adhered to both sides of the glass but not with snap-in muntin bars; the window trim be maintained and any new trim replicate the existing trim; the new window sashes matching the color of the existing window sashes or being a similar dark color, as white metal cladding is not appropriate for this application; the historic front door being maintained and not replaced unless evidence of decay is presented; and the other door design being subject to staff approval. Zimba said she had two different companies -Iowa City Windows and Doors and a person from Pella - come out and check the front door, and they told her the front door is not repairable. Zimba said the seams at the bottom on the inside are just open wide, and they did not feel that that could in any way be Historic Preservation Commission November 12, 2009 Page 3 shored up. She said the window at one point had been replaced, and a larger section of trim around the window that is missing and the replacement window had been simply caulked in. Zimba said that the trim on the inside on the top and along the sides has just been stapled in. Zimba said that not replacing the door is essentially defeating the purpose of replacing the windows, because the energy will just be going out through those cracks. She said she would question whether an oval glass door is the original style for this particular type of house. Zimba said there is nothing else in the structure of the house or the decor on the inside that would suggest anything curved or rounded. Zimba said she is going to try to preserve the back door. She said it has almost a half light and three panels that are horizontal. Zimba said that all of the doors in the house are horizontal, three-panel doors. She said that she would prefer to replace the front door with a door that is more in keeping with the rest of the style of the house. Zimba showed a picture of one. Zimba said the only oval door listed in the JELD-WEN catalog is listed in the Victorian section. Michaud said there could be an overlapping style. She asked Zimba if, when she was discussing themes, she is talking about the difference between the horizontal and the vertical doors. Zimba showed where, on the inside, the window was just caulked in. She said it would take quite a bit of redoing. Zimba said she would like to get rid of the storm door completely and not have a storm door there at all. Zimba said the house was built in 1905. Baldridge said he thought the door was older than 1905. Zimba said she checked around the neighborhood, and most of the doors for bungalows are like the one shown in the catalog. Baldridge asked Zimba if she has been to the Salvage Barn, and she had not. Zimba said she is still concerned about the lack of insulation. She said the insulated glass is really going to cut down on energy loss, and she just had a new furnace and all-new ductwork installed in the house. Zimba said that if she does not get the windows and doors replaced with insulated glass, she is just going to be wasting money. Bunting Eubanks said there are other ways to save energy. She said that one could install a storm door with solid insulated glass. Bunting Eubanks said there are storm windows and storm doors that would fit that barrier. She said the issue for the Commission is whether what is currently there is repairable. Michaud said the people who Zimba consulted with were not carpenters but are sales people who want to sell new doors. Zimba said she has had contractors out there too, and quite a number of people have looked at the door. Baldridge asked if the door opens directly into the living room, and Zimba confirmed this. She showed the door that she would like to use as a replacement, a JELD-WEN door from Iowa City Windows and Doors. Zimba said she could do the crossbar design any way she wanted to with the door. Zimba showed two other doors. She said she likes the design with the horizontal panel like all the other doors and like all the interior doors. Zimba showed another door she likes that did not have the fancy glass. Baldridge said he thinks it is appropriate to replace the door, given the condition of it. Michaud said that if one did not have a storm door, it makes sense to go with the most insulated door possible. She asked about the door material. Zimba said all the choices are wooden doors. She said that even the one that is all solid wood with the glass, the glass is two panes of glass with air in between for about $1,500. Bunting Eubanks asked Zimba if she would be willing to donate the old door to the Salvage Barn, and Zimba said that she would. Historic Preservation Commission November 12, 2009 Page 4 Michaud pointed out that one can also get a metal door that is also insulated and paneled. She said that one could get a metal half-light or three quarter light door, and one can use metal-clad, which does not have to be painted or varnished. Michaud said that it is much better insulation than just wood. Bunting Eubanks suggested the Commission leave approval of the final door to the discretion of staff and the chair. Bunting Eubanks said that a homeowner could also have windows reglazed. She said the panels would be taken out, resurfaced, and then reinstalled. MOTION: Ponto moved to approve a certificate of appropriateness for the project at 613 Grant Street as presented in the application with the following conditions: the divided light pattern match the pattern on the existing windows; the window trim be maintained and any new trim replicate the existing -trim; the new window sashes matching the color of the existing window sashes or being a similar dark color, as white metal cladding is not appropriate for this application; the final door selection and design being subject to staff approval. Baldridge seconded the motion. The motion carried on a vote of 6-0. (Downing, McMahon, Swaim, Trimble, and Wagner absent) 230 South Dodge Street. Kuecker said this is a contributing property on the corner of Dodge and Burlington Streets in the College Green Historic District. She said the applicant proposes several projects for approval, including siding repair and replacement, window replacement, roof repair and replacement, and a parking area addition. Kuecker showed a photograph of the house from Burlington Street. Regarding the siding, she said the applicant proposes to remove portions of the siding, including a portion under the porch and on the Dodge Street side and the siding on the back addition. Kuecker stated that most of the house is asbestos siding. She showed the asbestos shingles on the rear and the rear addition siding. Kuecker said that if only portions of the house were have the asbestos removed with wood or fiber cement board used instead, the house will have apieced-together, disjointed look. She said staff feels that the siding should be an all or nothing project, with all removed or all retained with repairs made to the portions that need it. Kuecker said that if the applicant were willing to remove all the asbestos siding and assess the condition of the wood siding, hopefully the wood would be in a state such that it can be restored. She said that if it were decayed, fiber cement board of the same reveal would be appropriate in this case. Kuecker stated that if the applicant is unwilling to remove all the siding, then repairs should be made only to the damaged portions of the asbestos siding. Regarding the replacement of the siding on the rear portion, since it already does not match and it is a rear addition, the replacement of that with fiber cement board would be fine, according to Kuecker. She said it would be good to match the original wood siding, but if that cannot be determined, then a three to five inch reveal siding would be appropriate. Kuecker said the applicant would like to replace the windows with Pella Po-line, metal-clad wood windows. She said the applicant would like to use dark red or brown colored sashes. Kuecker stated that some of the windows have atwo-over-two pattern, but most have a one over one pattern. She said the applicant would like to use one over one, and staff feels that either pattern would be appropriate for this style of house, as long as it is consistent all the way around the house. Kuecker said the applicant proposes to remove the garage door and replace it with a window that matches the one above. She showed a window on one elevation and showed a door and window that the applicant would like to remove that are both in pretty deteriorated condition and do not appear to be Historic Preservation Commission November 12, 2009 Page 5 original to the house. Kuecker showed a window that does not appear to be original that she discussed with the applicant. Kuecker said that instead of replacing it as is, she showed replacing the two windows that would be an appropriate size in a more consistent location. She said that they had talked about putting two windows on the second story, but there is a chimney that would prevent any windows from being located in that room. Kuecker said staff believes the new windows would be consistent with the historic integrity of the house and that either two-over-two or one-over-one windows would be appropriate, just so it is consistent throughout. She said the trim should be maintained and replicated on any new windows or where it has been removed. Regarding the roof, Kuecker said the applicant proposes to replace the asphalt shingles on the main roof, which does not fall under the Commission's purview. She said the applicant is planning also to make repairs to the metal roof of the porch but is concerned that when he cleans it, it will be beyond repair. Kuecker said the applicant would therefore like permission at this time to use asphalt shingles. She said staff believes that asphalt shingles on the porch roof would have a minimal impact on the house. Kuecker said the last portion of the application is for the parking area. She said the applicant is converting the building into a duplex, and in order to get the rental permit for occupancy he desires, he will need six parking spaces here, which will include stacked parking spaces. Kuecker said that for the number of bedrooms being planned; only four parking spaces are required. She said that this requires review by several other entities, including a minor modification review by the Building Official and approval by the DOT. Kuecker said these additional approvals are required because of the property location on a State highway and its proximity to the intersection with Burlington. Kuecker stated that the guidelines pertaining to review by the Commission state that, "The driveway leading from the street shall be one lane in width, which is generally ten to twelve feet wide, and it can be widened toward the back of the lot to provide access to the parking." She said that guidelines also state that the parking must be behind the primary structure where possible, and if it must be located along the side, it must be set back at least ten feet from the front plane of the structure and screened by a decorative fence, landscaping, or a combination of landscaping and fencing. Kuecker said that the parking area is not compatible with the building and the neighborhood, and there should be some steps taken to mitigate the visibility from the street and the neighboring properties. She said some suggested steps would be narrowing the driveway to ten or twelve feet, reducing the amount of paving to the minimum required, and providing landscaping of at least 50% evergreen between the north and east property lines and the parking area. Kuecker said that-the parking and landscape plans either should be subject to staff approval or considered at a future Commission meeting. Kuecker said she distributed a letter from Friends of Historic Preservation saying that they would like to help in any way possible to see this house restored appropriately. She said that Friends is willing to donate siding or any other exterior trim piece from the Salvage Barn at no cost to the owner. Bunting Eubanks said this is a huge project, and the Commission would like to help Holtkamp, the owner, to make this house livable again. Bunting Eubanks asked Holtkamp to elaborate and discuss his feelings regarding staff's comments about the parking and the siding. Holtkamp said that he owns several rental properties. He said that he wants to make the property look nice. Holtkamp said there are money issues involved, with regard to getting a certain amount of rent. Regarding having six parking spots versus four parking spots, he said it is the difference between having six people be able to live in the house or eight. Holtkamp said that, depending on how many parking spaces he can get really changes his rents from about six to eight hundred dollars a month. He said that adds $80,000 that he can use to make this much Historic Preservation Commission November 12, 2009 Page 6 more feasible. Holtkamp said that if he can only get four parking spots and cannot get another parking option provided, he probably would not have the money to do new windows, replace all the siding, or do the roof. Bunting Eubanks asked Holtkamp if he could keep the existing driveway for two spots and then have four in the back. Holtkamp said that he does not think it would be approved. He said that with the minor modification is because a driveway has to be 150 feet from the intersection, but in this case, it is 150 feet to the alley so no portion of the lot is farther than 150 feet from the intersection. He said the only way they will approve it is that this is an improvement, because we are moving it further from the intersection. He said they are not going to let him have two points of access. Bunting Eubanks asked if there is enough setback to plant evergreens here. Holtkamp said there is essentially two feet, so there is room for a small strip on the property line to define it. Kuecker said the guidelines say the screening can be fencing, landscaping, or a combination of the two. She said the Commission could give guidance regarding what kind of screening it would like to see and then leave that to the discretion of staff or staff and the chair. Bunting Eubanks said that she would like to see a combination of fencing and evergreens, with the final design to be approved by staff and the chair. Holtkamp discussed the possibility of keeping the tree that is currently on the property and the possibility of planting a new tree. Regarding the siding proposal, Bunting Eubanks asked if it would be acceptable to Holtkamp to do it all at once. Holtkamp said that initially he was unaware of the criteria for fixing the siding. He said his preference would be to rip all the asbestos off and see what is there. Holtkamp said that if there were a money constraint, he would probably end up patching the asbestos. Baldridge said that he is very pleased that this project is feasible. Holtkamp asked for addresses of other houses with paint schemes that would work on his property. Michaud said that all of the paint stores have information regarding what is appropriate for certain types of houses. Bunting Eubanks said Kuecker or anyone on the Commission would be glad to give color suggestions, but the Commission does not regulate paint color. Bunting Eubanks asked Commission members if, regarding the siding, they were okay with giving Holtkamp the option of repairing the asbestos or taking it all off and using the offer of free siding from Friends. Baldridge said he would prefer to see all of the asbestos taken off. Ponto agreed but said that if it's an issue of money, he thought that one could repair the existing and maintain the look for a while until there is enough money to do it right later. Bunting Eubanks asked if there were strong opinions about the number of parking spaces. Ponto said he feels that if one is going to have four spaces, six is not that many more. He said it is a chunk of paving back there, but he does not have a problem with six spaces. Baldridge said the persuasive aspect of this is that the additional spaces will help generate the income to keep the property up. Michaud said that the parking lot seems to protrude farther than the house by maybe two feet. She said it would be nice if it did not protrude beyond, and one would just see bushes from Burlington Street. Holtkamp said that would not be a problem. Kuecker said since the parking does require a minor modification, there might be changes involved in that too. Bunting Eubanks suggested leaving the final approval up to staff and the chair. MOTION: Ponto moved to approve a certificate of appropriateness for the project at 230 South Dodge Street as presented in the application with the following conditions: the applicant either repairing the existing siding or the applicant removing all of the asbestos siding and restoring the wood siding underneath if the wood siding is in good condition or, if it is found that the wood siding underneath is deteriorated or missing, there would be the option of using either fiber Historic Preservation Commission November 12, 2009 Page 7 cement board or salvaged wood siding with an appropriate reveal of three to five inches; replacement window locations subject to staff and chair approval; the trim to match the original; the roof as presented; and the landscaping plan for the parking area final design to be subject to the approval of staff and the chair. Thomann seconded the motion. The motion carried on a vote of 6-0. (Downing, McMahon, Swaim, Trimble, and Wagner absent) DISCUSSION OF THE CREATION OF A SUBCOMMITTEE TO REVIEW THE HISTORIC PRESERVATION GUIDELINES: Kuecker said that the rough draft of the guidelines has been created, but she felt she did not have a lot of longevity with the Commission and believes it would be good at this point to have Commission input. She asked for three or four Commission members to volunteer to review what has been compiled so far, make suggestions and changes, and prepare a final draft for the HPC, the Planning and Zoning Commission and ultimately the City Council. Bunting Eubanks suggested Kuecker send out to Commission members what has been done so far, and the Commission members would a-mail in comments. She said each member could use his individual expertise to come up with comments. Kuecker said that both Downing and Trimble were interested in serving on a subcommittee to review the proposed guidelines. Kuecker said that every single page of the handbook has been edited. Bunting Eubanks suggested the Commission use both methods -initially using a subcommittee to make first draft changes and then having each member review online and submit comments to the draft that would then be closer to its final form. Kuecker said that some of the changes in the guidelines involve new materials that need to be reviewed. She added that the Commission has also wanted to look at expediting certain types of reviews to make the review process more efficient. Kuecker said the City Council plans to meet with the Historic Preservation Commission sometime in the next couple of months regarding the new guidelines. Ponto asked to be notified of the subcommittee meeting time also, as he might be able to attend, depending on time constraints. Bunting Eubanks said she might also be able to attend, as did Michaud. CONSIDERATION OF MINUTES FOR OCTOBER 8, 2009. Baker said that the adjournment time should read 6:14 p.m. MOTION: Baker moved to approve the minutes of the Historic Preservation Commission's October 8, 2009 meeting, as amended. Baldridge seconded the motion. The motion carried on a vote of 6-0. (Downing, McMahon, Swaim, Trimble, and Wagner absent) OTHER: Kuecker discussed a new program that will be taking place in Iowa City. She said that earlier this year, staff approached The University of Iowa about creating a home ownership incentive for University employees. Kuecker said that evolved into an application for an I-JOBS grant to help with the restoration of older homes that currently have rental permits. She said the program would involve putting up to $50,000 of rehabilitation into the homes and then selling them to owner occupants who meet certain income qualifications. Kuecker said there is now one million dollars from I-JOBS for this, which would involve at least 20 homes. She showed the general area that has been designated for this program -the Miller Orchard Neighborhood on the west side of the river and the area east of the river that comprises a significant Historic Preservation Commission November 12, 2009 Page 8 portion of the close-in neighborhoods. Kuecker added that the houses have to be worth less than $200,000 and need less than $50,000 of rehabilitation. Kuecker stated that as the program progresses, there would be homebuyer incentives and home improvement and preservation programs to encourage University employees and employees of other downtown employers to live close to where they work. She said that partnerships have developed among several local banks and other organizations that have all donated money toward this program. Kuecker said many of the historic districts will be impacted by this program. Baldridge said that at its last meeting, Friends of Historic Preservation discussed having this program be the target for its annual meeting in January. Kuecker said that no houses have been purchased yet, but a certain portion of the one million dollars has to be spent soon, so things will be moving quickly. ADJOURNMENT: The meeting was adjourned at 7:25 p.m. Minutes submitted by Anne Schulte Z O ~_ O U Z 0 Q W W a U_ F- ~_ 2 ° O U W W U z ° Z W `"' Q X X 0 X ~ O X X ~ X ~ X c X X ~ X X O X ~ X ~ X X 0 X X X X X X 1 X X ~ X X ~ X ' X X X X ~ X X X ~ X X I X ~ X X X r X X X X ; ~ ; W O W O W O ~ X X cc LU N ~ X X X X I 1 O X X I ' ' X ~ '~ x x x x x I 1 x x W o x x X ~ X X X I X X W O i ~ X X I x x x x o I o x x I x x M ~ ~ X X X X ~ X X X ~ X X N ~ X X X X X X X X X ~ I 1 ~ a W W ~ ~- r rn N M N ~ rn N M O r rn N M r- r rn N M ~- ~ rn N M ~ ~ rn N C7 N r rn N M O r rn N C'7 N r rn N M ~ ~ rn N M O ~ rn N M N r rn N M W Z Q = F- ui D 0 m W = ~ w W m J_ ~ ~ Z ° c z_ ~ N Q W ~ v z ~ V fA ~_ 2 ° a ° O Q v ~ ~ Q a ° Q V ~ ~, w ~ ~ 0 a J z_ ~ ~_ Q ~ a a ° Z ~ ~ Q w m ~ ~ Y Q LL ~ Z Q Q1 O 0 N E 0 ~o u' ~ o y Z U ~ ~ X ~~ ~~~ ~~~~~ ~~QZ o a. Q ~~ ~~ z u n w ~ xOOz t IP17 Preliminary Minute November 2009 MINUTES SENIOR CENTER COMMISSION NOVEMBER 19, 2009 ROOM 205, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Chuck Felling, Jay Honohan, Sarah Maiers, Charlotte Walker, Nancy Wombacher Members Absent: Merce Bern-Klug, Michael Lensing Staff Present: Linda Kopping, Emily Light Others Present: Tiffiny Johnston-Hines, Dave Dowell RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM OCTOBER 15, 27, AND NOVEMBER 5, 2009 MEETINGS: Felling asked to have a point clarified relating to Buhman's investigation of options for a ping pong table in the October 15 minutes. Johnston-Hines said that her name should be added to the "Others Present" area of the November 5 meeting minutes. Motion: To accept the minutes from the October 15, 27, and November 5, 2009 meetings with corrections. Motion carried on a vote of 5/0. Wombacher/Maiers. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Maiers will write the web article. Honohan will visit the City Council to report on the November Commission meeting. Bern-Klug offered to visit the Board of Supervisors. Preliminary Minutes November 2009 REVIEW, DISCUSSION, AND APPROVAL OF THE PARTICIPANT DISCIPLINARY PROCEDURE TO BE USED WHEN VIOLATIONS OF THE CENTER'S CODE OF CONDUCT NEGATIVELY AFFECT THE ENJOYMENT OF OTHER PARTICIPANTS: Kopping reported that the procedure was created in response to a specific participant situation that was becoming volatile. The City Attorney suggested that Kopping come up with a disciplinary policy that identifies consequences for violations of the code of conduct. Kopping said the Center has never needed to use a disciplinary procedure before this incident. Walker said she did not think it was necessary to enact a new policy because things have worked okay for many years without having a written disciplinary procedure in place. Walker said the participant was expressing a legitimate gripe. Kopping said the problem was recurring, and she made every intervention she could in order to deal with the situation. There were meetings, conversations, and letters. These efforts were unsuccessful. Walker said she believed the actions Kopping took were successful because the person was disciplined and is now welcome to return to the Senior Center. Honohan said he does not believe the problem has been fully resolved because the participant had left a sharp note in the ceramics room as recently as today. Walker suggested the note be removed from the room to take care of the problem. Kopping said that the situation is not a matter of notes; it is a matter of one participant getting in the face of another participant and threatening them and throwing things. Walker said she was sure it wasn't very threatening to have an 80-some year old woman in the face of a young person. Kopping said it may be hard to imagine if she wasn't there. Wombacher said she would feel very threatened if she were the one involved in the situation. Kopping pointed out that there is a difference between a code of conduct and a disciplinary procedure. The first thing the attorney asked in response to this situation was, "What is the disciplinary procedure if the code of conduct is violated?" One has not existed prior to today, so Kopping drafted it. Motion: To approve the disciplinary policy submitted to the Commission by Kopping. Motion carried on a vote of 4-1. Wombacher/Felling. Walker opposes. REVIEW AND DISCUSSION OF INSTALLATION OF A BULLETIN BOARD FOR PARTICIPANT USE THAT IS UNREGULATED BY STAFF: Preliminary Minutes November 2009 Walker distributed a diagram detailing her proposal for a public bulletin board. It included suggested rules for the board, which she said could be modified, and information on the size and price of the bulletin board she is suggesting. She described her proposal. She said amodest-sized board of 36"x48" could be divided into three parts. One third would be used to display 4"x6" cards, another for 3"x5" cards, and the third section would display the board rules and business cards for senior-related businesses. She suggested that cards would be available for a small price at the front desk. Walker's suggested rules for the board are: All cards must be signed and dated and clearly written. Cards of different colors are allowed. Cards can remain for up to 2 weeks. Out of date announcements will be removed even if up less than 2 weeks. Maintain orderly placement. No political postings. Don't cover up previous postings. Cards in poor taste will be removed. Business cards don't require dates, can remain while in good condition. Honohan said he does not find 3 feet by 4 feet to be very modest. Honohan does not like the idea of business cards. He said there is already a suggestion box on the second floor of the Senior Center where participants can communicate comments, with or without signing their name to them. Wombacher noted that there is a bookcase at the Washington Street entrance with lots of business cards and brochures for senior-related services. Wombacher asked what is the purpose of the board? Walker said the purpose is the same as the kiosk that used to exist in the Senior Center. Wombacher said she doesn't remember it. Walker said she has heard from people that it was popular in the past. Wombacher said she was not aware that there were many people who wanted to post something outside of the existing available spaces. Wombacher said she has a serious concern because when she worked at the university, staff members had to be very careful about materials that were posted. If something were posted that someone found sexually harassing or otherwise offensive, there could be a risk of a lawsuit. Felling said he had the same experience from his work at the university. Wombacher said she feels an unregulated board could be an invitation for problems. Kopping said the current policy that the Center does not post information for for- profit businesses, but pretty much anything else can be posted on the designated public board. Research recruitment postings have to be approved by the IRB at the university. Kopping said she cannot speak to the popularity of the old kiosk as a gathering space and she didn't know what the regulations were for its use. Preliminary Minutes November 2009 Motion: To install an open bulletin board in the Senior Center. Walker/no second. REVIEW AND DISCUSSION OF LIABILITY WAIVER USED IN CONJUNCTION WITH SENIOR CENTER MEMBERSHIPS: Honohan said that the Senior Center is a division of the City of Iowa City. The Center has generally enjoyed a lot of autonomy in its operations, but if the City Attorney makes a recommendation to the Center, it must be followed. Wombacher asked if there are people who do not want to sign the waiver. Kopping said she is aware of three instances in which participants have complained about the waiver. Wombacher said she thinks it would be worth pursuing if there were a groundswell of members who spoke out against it, but she is not sure it is worth the time for three complaints. Walker said that when slavery was popular people did not object either. Honohan said he does not think that is a valid comparison. Kopping said liability waivers have been used for a long time. She has found documentation in the operational handbook of use of waivers back to 1995. She said the Center used the same form for a long time. When the operational handbook was updated in 2008, it was a Commission recommendation that the waiver of liability should be updated by the Legal Department. In order to more consistently collect the signed waiver of liability, it was placed on the reverse side of the membership registration form and printed in the program guide. Only for the last six months or so has the waiver been printed in the program guide. Walker said the form was never used for everyone because the Senior Center only created membership in 2004. Kopping said that prior to paid memberships, there were voluntary memberships. People who elected to become members were given a membership packet that included a release of liability. Walker said she couldn't believe that people would sign the form. She said she could understand requiring a release form for the exercise room. That is the only legitimate reason we need it. Wombacher asked how we would know whether or not someone plans to use the exercise rooms. Should the Center ask members to sign agreement stating they will not use the exercise rooms if they do not want to sign a waiver of liability? Walker suggested that membership cards could be programmed to deny access to exercise rooms for members who do not want to sign the waiver. Kopping said that is true. Light said that this is the practice currently in place. If a new member refuses to sign a waiver, their membership card is programmed not to give them access to exercise rooms. Preliminary Minutes November 2009 Honohan said the only way to change the rule about requiring a waiver of liability is to go to the City Council and ask them to reverse the decision of the Legal Department. He does not see this happening. Walker asked why someone should have to sign a waiver who is not going to use the exercise rooms. Wombacher responded by saying it is not worth using the staff time to screen out those members. Wombacher does not believe it is much of a problem. Honohan does not think the issue needs to be further pursued based on this discussion. UPDATE ON OPERATIONAL ASSESSMENT: Kopping reported that there are 4 teams working on the self-assessment project. Each team is examining two operational areas, similar to the way the Center has conducted the assessment in the past. The groups are currently holding meetings to assess their first operational area. Each team's second operational area will be assessed after the holidays. Johnston-Hines said she is impressed with the commitment of the participants. She is grateful and surprised at the level of engagement of the volunteers involved in the process. ADJOURN FOR A MEETING OF SENIOR CENTER FUND, INC. Motion: To adjourn for a meeting of Iowa City Senior Center Fund, Inc. Motion carried on a vote of 5-0. Maiers/Felling. RECONVENE THE NOVEMBER 19 MEETING OF THE SENIOR CENTER COMMISSION OPERATIONAL OVERVIEW: Kopping said she and the staff would like to recommend a change in policy regarding participation in Senior Center groups and clubs. The policy would state that it is recommended that participants be members, but not required. Kopping said that the policy started out requiring all participants to be members. Then different groups that were taking place at night started to include more intergenerational adults. The question of membership requirements is getting very blurry, so Kopping feels it is time to revisit and clarify the policy. The updated policy will also include definition of the criteria used for determining whether a class requires membership or not. Felling asked for clarification on what is considered a group or club at the Center. Kopping listed the examples of the card groups, chess club, tango club, bowling group, and the singles group. Kopping described the blurriness of the current Preliminary Minutes November 2009 criteria for membership requirements. For example, membership has not been required for groups that meet outside of the Senior Center building or groups that meet in the evening and attract adult participants under the age of 50. The same confusion is arising with classes. Kopping plans to develop a policy for the Commission's consideration to make the membership requirement issue more cut and dry. Honohan said he thinks that all classes should require membership. Kopping said that makes it difficult for new people to try out a class and see how they like it. Walker pointed out that some instructors will not allow their classes to be offered only to Senior Center members. Kopping updated the Commission on the Elder Services office in the Center. The new nutrition manager moved his office into the suite with Joan Cook. Kopping said she thinks he is making a lot of positive changes. She has noticed improvements, such as hand-washing and cleaning equipment on the counters. He has policies and procedures in place; he is planning in-service programs for the staff; he is running a much tighter ship than we've seen before. He asked for the Senior Center's logo to place on staff aprons that would recognize all of the groups that are contributing to the nutrition program. He is interested in working with the Senior Center, and Kopping said she is interested in working with him. COMMISSION DISCUSSION: Correspondence: Honohan asked the Commission to officially receive the correspondence included in the packet as part of the record. Motion: To receive correspondence from George and Alliene Schrimper as part of the record. Motion carried on a vote of 5/0. Felling/Wombacher. Honohan asked the Commission to look at the draft of the Executive Committee of the Senior Center Curriculum Committee. On the second page it appears there is an inconsistency in the area of Composition and Duties of CSC Membership at Large. It first says, "Members at large shall be current Senior Center members or non-members..." The next line indicates that non-members cannot participate. Honohan has pointed out his question to Michelle Buhman, and she will adjust the document to remove the inconsistency. Walker asked if the Commission is going to discuss the Center Steering Committee. She said it seems like a really drastic change. Kopping responded by saying that the CSC is a participant committee and she doesn't believe it is a drastic change. It is just another way to secure participant involvement in the operation of the Senior Center, and that was one of the things encouraged by the goals and objectives that were just established in the October 27 meeting. Preliminary Minutes November 2009 Walker said she noticed the CSC document came from the Operation Procedures for the NC Center for Creative Retirement, so this wasn't a creation by local people. Kopping said the CSC was created by local people; the committee structure was adapted from another organization, but a lot of work went into the creation of the committee. The Curriculum Committee and Participant Advisory Committee have spent a lot of time discussing the implementation and wording of the document. Walker said she has all kinds of questions. She said it looks like Susan Rogusky has been shut out of process. Kopping said Rogusky was at the meeting with the Curriculum Committee and the Participant Advisory Committee, and she will be taking a role as the staff support for the community outreach standing committee, which is a big deal. Walker said she doesn't think the Commission is adopting or approving the document or creation of the committee. Kopping said the Commission does not need to approve it. Wombacher said she views this committee as a wonderful step forward; it is a positive thing to have people who are involved and willing to participate in this way. Walker said not too long ago we disbanded the Council of Elders that had a similar purpose. She said the group was ignored and neglected. Walker said the CSC strikes her wrong. Kopping asked what about it bothers her. What could be wrong with having participant input in the operation of the Center? Walker said she does not like the name "Center Steering Committee." It should be "Senior Center Steering Committee." Walker said she doesn't know how the members will be chosen -are they volunteering themselves or selected? She does not approve. Kopping said she will take the naming suggestion back to the group for discussion. None of this is cast in stone yet. Kopping said she thinks a lot of Walker's questions will be addressed in the bylaws. Walker said she will write up a report stating her concerns with the group. Kopping said the group is having a meeting next week, and it would be helpful for Walker to submit her concerns sooner rather than later. Walker said she would submit her report by Monday. Honohan asked Light about the revenue report in the Commission packet. He asked if the membership fees would see a surge of renewals in January. Light Preliminary Minutes November 2009 said we receive membership renewal fees all year long. Memberships are renewed a year after the membership is purchased or previously renewed; they are not set to a fixed period like the parking permits. The parking permits are sold for set periods of July 1, 2009 -June 30, 2010; July 1, 2009 -December 31, 2009; and January 1, 2010 -June 30, 2010. There will be a concentration of half year permits sold at the beginning of 2010. Honohan asked why the contributions and donations are so low. Light said the contributions and donations listed on the report are for the operational budget only, not the gift fund, scholarship fund, or Endowment. The projected revenue for operational contributions and donations includes anticipated contributions from Senior Center Fund, Inc. for approved purchases and annual interest earnings from the Endowment. In addition to contributions from Iowa City Senior Center Fund, Inc., the contributions and donations line in the operational budget includes donations made by individuals to the Center's current fiscal year operational budget. Board of Supervisors Report on the October Meeting: Honohan was not able to attend the meeting of the Board of Supervisors because of cataract surgery. Honohan wants to be sure the ceramics room issue is on the agenda for the December meeting, since it was supposed to be revisited by the Commission. Wombacher wanted to clarify that the Generations of Jazz event is a Senior Center project. It outgrew the Senior Center space because it was so popular, so the event was moved to a larger venue, the Englert Theatre, which was filled to capacity at this year's event. The project is hosted by the Senior Center Silver Swing Band. The Press Citizen has sponsored the event in the past. The Community Foundation sponsored the event for $1500 this year. Many groups sponsor the event, including Zephyr Printing and the Englert Theatre. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 5/0. Maiers/Wombacher. N C! ~ O ~ O ~ N ~ Q ~ d C > ~E z .~ L a C O .N N .~ V ~~ d ~ = O U ~ 0 O = ` fn Q ~ ti N r X X ~ X X X `n W o X X X X X X ~ X X ~ X X X M w X X X X X X ~ O X X X ~ X X X N X X X X X X W N X X X X X X O ~ N X X X X X ~ ~ M ~ ~ ~ ~ ~ i N ' Z Z Z Z ' Z ~ ~ ~ ~ ~ N i ' Z Z Z Z ' Z ~ r O O O O ~ O .Q ~ O r- ~ O ~ O X ~ ~ ~ ~ ~ ~ ~ W N N N N N N N L r r r r r r r H L Q~ Y ~ ~ ~ ~ ` c ~ c a m ~ c .N ~ ~ Q m • °~ ~ O J o O > N ~ O ~ ~ O N o > O = , U ~ L f C ~ C >, U L _ Z ~ U ~ ~ ~ U Z y L X C E W ~ O ~ ~ N ~ ~ ~ O O ~ Q Q Z Z II II nllw~n XOOZ Y DRAFT _ IP18 POLICE CITIZENS REVIEW BOARD MINUTES -November 3, 2009 CALL TO ORDER: Chair Donald King called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Janie Braverman, Joseph Treloar, Vershawn Young MEMBERS ABSENT: Abigail Yoder STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss, Officer David Schwindt, and Officer Mike Smithey of the ICPD; and public, David and Benjamin Brandauer RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report of Summary Dismissal on Complaint #09-06 CONSENT CALENDAR Motion by Braverman and seconded by Treloar to adopt the consent calendar as presented or amended. • Minutes of the meeting on 10/13/09 • ICPD General Order 89-04 (Civil Rights) • ICPD General Order 99-11 (Arrests) • ICPD Department Memo #09-36 (June-July 09 Use of Force Review) Motion carried, 4/0, Yoder absent. OLD BUSINESS Community Forum -King and Treloar meet with the Police Chief and agreed that the Chief would do the Use of Force presentation at the forum. All questions should be directed to the Board after the presentation. King will introduce the Board and give some background on the PCRB. There will be complaint forms, Use of Force policy, and information on how to find the general orders on the City website. Braverman would also like to mention at the forum that the PCRB will be reviewing the Board's polices and procedures over the next few months. Braverman confirmed that she would draft the summary of the forum for the December meeting. The Board would also like to have information regarding the Citizens Police Academy at the forum. Tuttle thought the dates and information would be available in time for the forum. CONSENT CALENDAR Motion by Young, seconded by Braverman to re-open item number 2 (consent calendar) for discussion. Motion carried, 4/0, Yoder absent. Young wanted to know why the Board receives the General Orders and what they're supposed to do with them. King and Braverman explained that it's part of the Boards overall charge to look at policy. In the past the Board has looked at language and made corrections to typos. More importantly the Board will ask for clarification if they don't understand part of the general order and why that policy is in place. There is a re-evaluation date on each general order. After the police department has re- evaluated the general orders come to the Board for review. Braverman also explained the color coding on the general orders. PCRB November 3, 2009 Page 2 Also under General Order 89-04 (Civil Rights), Section III (Procedures/Individual Rights) 62(c), Young asked for some examples that can otherwise legally justify an officers action when entering a private dwelling. Wyss explained that this allows for not having to change the policy every time the case law changes and gives some discretion to the officer to make the entrance. Also under Section III (Procedures/Arrested Persons) 63, Young inquired whether coercion includes verbal manipulation. Wyss explained that coercion is placing a person in a situation where a person that's not guilty of an offense would confess to that crime anyway because whatever is explained to them in their perception would be worse than confessing to the crime. Verbal manipulation by simply asking questions would not be considered coercion, such as interviews or interrogations since there is on-going dialogue and the goal is to get to what the truth is. Under the same section B4, Young asked for clarification on the prisoner's right to refuse to give evidence against him/herself and should they voluntarily supply such information. It was explained that when a prisoner chooses not to speak without an attorney that is their right, but if they voluntarily start talking even after stating they want an attorney present, any information given is admissible. OLD BUSINESS (cont.) Braverman handed out materials for the December planning meeting regarding the Comprehensive Review of PCRB Ordinance, By-Laws, SOP's to save on postage and to give the Board ample time to review. NEW BUSINESS King referenced a letter from the Chief regarding Pursuits and the Boards request to receive the annual analysis. The Chief is looking into and will forward to the Board. PUBLIC DISCUSSION Wyss had an update on the Service Animal Training. The training will be held in November with the Police Legal Science Training for all officers. Wyss was unable to get a printout of the lesson plan prior to the Board packets going out. He will get the information to staff for inclusion in the next meeting packet. BOARD INFORMATION None. STAFF INFORMATION Tuttle responded to the inquiry from the last meeting regarding Board members receiving a City a-mail account. Currently there are no citizens that have a City e- mail account. There are costs incurred by the IT department as far as setting up and maintaining and with 18 Boards and Commissions and open records laws it wasn't going to be cost effective. Tuttle is looking into a way for members to subscribe and receive an agenda notice to their personal a-mail account and then a link where they could go on-line and review the meeting packets. Confidential materials would still have to be mailed, but overall costs could be reduced. EXECUTIVE SESSION Motion by Braverman and seconded by Young to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential onto be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and PCRB November 3, 2009 Page 3 school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Yoder absent. Open session adjourned at 6:08 P.M. REGULAR SESSION Returned to open session at 8:34 P.M. Motion by Braverman, seconded by Treloar to Summarily Dismiss PCRB Complaint #09-06 as required by the city Code, Section 8-8-3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer. Motion carried, 3/0, Young abstaining and Yoder absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 18, 2009 7:00 PM, Harvat Hall (Community Forum) • December 8, 2009, 5:30 PM, Lobby Conference Rm • January 12, 2010, 5:30 PM, Lobby Conference Rm • February 9, 2010, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Young and seconded by Braverman. Motion carried, 4/0, Yoder absent. Meeting adjourned at 8:40 P.M. K ~~O~C zz~~~ o c ~rr~ ~ ~ ~\M ° ~. r l , "! CD ~~ ~~ ~a n r~ v ~~ , ~ z ~~ s~ ~~ ~ o~ d ;~; o - ~ ~ ~ ~ ~ ~• a ~ ~~ o o ~ ~ k~ b w w N ~D ~O N i~, x k x ~ ~ W N C W i i ~ ~ X X A ~ ~ 77 a y ~ 77 r~ 77 a ~ A i i ~ ~ ~ X x ~ ~ ~ ~ z z z z z ~ 3 ~ 3 ~ ~ ~ ~ ~ ~c o x ~ 6 ~ ~ ~ ~ ~ x ~ o W ~ ~ ~ ~ k W y ~ ~d ~ yY z ~~ d o ~' ~~ n 0 O r n n 0 PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Comp-aint PCRB #09-06 Complaint PCRB #09-06, filed October 26, 2009, was summarily dismissed as required by the city Code, Section 8-8-3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board. DATED: November 3, 2009 IP19 DRAFT POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM November 18, 2009, 7:00 P.M. EMMA J. HARVAT HALL 410 E Washington St CALL TO ORDER: Chair Donald King called the meeting to order at 7:00 P.M. MEMBERS PRESENT: Janie Braverman, Joseph Treloar (7:14), Vershawn Young MEMBERS ABSENT: Abigail Yoder STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Chief Sam Hargadine of the ICPD (Transcriptions are available) PRESENTATIONS The following presentations were made: Introduction and Complaint Process by PCRB Chair Donald King. ICPD Use of Force Policy by Chief Sam Hargadine from the ICPD. PUBLIC DISCUSSION The following individuals appeared before the PCRB: Carol deProsse Heidi Sinderman Dean Abel Michael Smithey Caroline Dieterle Jerry Partridge 1401 Burry Dr, IC 1503 Rochester Ave #4, IC 2049 Tanglewood St, IC PO Box 2013, IC 727 Walnut St, IC Iowa City CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS None. ADJOURNMENT Motion for adjournment by Young and seconded by Treloar. Motion carried, 4/0, Yoder absent. Meeting adjourned at 8:46 P.M. ~~OyC zz~y~ 0 o a a ~ ~ ~ ~ ~ o o ~~ c ~ ~ "'! fD a K< -~o Ica n r~ v cc~ O fD C y 'Z H ~ fD O Q' 0' ~ "! ~ C'+ y ~ o •~ ~ O ~ '~ O ~ aay ~ O ^p ~o' ~ y '~- ,~ ~ p ~ o~ C~ a ~ fD -c ~ ~ a ~ ~ ~' ~ o va o o ~ b iCf w w N ~O ~D N w~, >t ~ X ~ X w N ~ ~ ~ k ~ C w x ~ x ~ k 0 z z z z z A i i 7 y a ~ ~ y y r~ y y a y y a A i X k x X k ~ ~ x x ~ z z z z z i i y a ~ 7 ~ ri y y a ~ A 00 i ~ ~ ~ ~ ~ ~ O 5C yC ~ yC >C X ~ ~ ~ k ~ .+ w k k ~ ~ ~ ~ ~ ... w ~ k ~ ~ ~ ~ ~ 00 1~1 d N- .~.~ b r ~n ~~ ~n ~~ /~+ ~ ~ O N~C17 O C n ~