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HomeMy WebLinkAbout2010-06-10 Info Packet_ 1 - 1 -n..`_ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET June 10, 2010 JUNE 14 WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Director of Planning and Community Development and the Community Development Coordinator: Affordable Housing discussion IP3 Memorandum from the City Clerk: Agenda Items for Joint Meeting IP4 Summary of Pending Work Session Issues IP5 Memorandum from the City Clerk: September -December Meeting Schedule MISCELLANEOUS IP6 Iowa League of Cities Special Report -June 2010 [submitted by the Interim City Manager] IP7 Memorandum from the Director of Finance: Projects funded by 2010 General Obligation Bond Issue IP8 Memorandum from the City Clerk: Radio Show Scheduling Opportunities IP9 Memorandum from the City Clerk: Iowa League of Cities Meeting IP10 P.A.U.L.A. Report -May 2010 IP11 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP12 Memorandum from the Human Services Coordinator: Free Bus Ticket Program IP13 Email from Sharon Benzoni: Announcement of resignation IP14 Johnson County Joint Emergency Communications Center Open House -June 19, 2010 IP15 Grant Wood Neighborhood Association Meeting -June 17, 2010 IP16 ECICOG Express May -June 2010 IP17 Media Release: Donation Stations installed downtown to help curb panhandling IP18 Invitation: Community Covenant Signing -July 4, 2010 Memorandum from Transportation Services Director: Transit AVL Project Update [Distributed at 6/14 Work Session] Invitation: "Through the Lens of Cultural Diplomacy: a Global Snapshot" -June 15 [Distributed at 6/14 Work Session] June 10, 2010 Information Packet (continued) 2 Memorandum from Interim City Manager: Nuclear Weapons Free Zone Signs [Distributed at 6/14 Work Session) DRAFT MINUTES IP19 Parks and Recreation Commission: May 12, 2010 IP20 Board of Adjustment: May 12, 2010 Planning & Zoning Commission: May 17, 2010 [Late handout to Council on 6/10/10] Planning & Zoning Commission: May 20, 2010 [Late handout to Council on 6/10/10] ~ i ~;~~i~1tir~~ +''~-Trer w ~ ~~ ~~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET June 10, 2010 JUNE 14 WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum fro the Director of Planning and Community Development and the Community Development Coordinator: Affordable Housing discussion 1 IP3 Memorandum from tl~e City Clerk: Agenda Items for Joint ~Aeeting IP4 Summary of Pending ork Session Issues IP5 Memorandum from the Ci Clerk: September - Decem er Meeting Schedule MISCELLANEO IP6 Iowa League of Cities Special eport -June 20 [submitted by the Interim City Manager] IP7 Memorandum from the Director of ance: Proj is funded by 2010 General Obligation Bond Issue IP8 Memorandum from the City Clerk: Radio Sho Scheduling Opportunities IP9 Memorandum from the City Clerk: Iowa Le ue of Cities Meeting IP10 P.A.U.L.A. Report -May 2010 IP11 Memorandum from the Director of Publi Works nd the Director of Planning and Community Development: Update: Flood-related ctivities IP12 Memorandum from the Human Serv' es Coordinato . Free Bus Ticket Program IP13 Email from Sharon Benzoni: Ann uncement of resig tion IP14 Johnson County Joint Emer ncy Communications nter Open House -June 19, 2010 IP15 Grant Wood Neighborhoo Association Meeting -June 17, 2010 IP16 ECICOG Express May - une 2010 IP17 Media Release: Donati n Stations installed downtown to IP18 Invitation: Communi}~r Covenant Signing -July 4, 2010 DRAFT MINUTES IP19 Parks and Recreation Commission: May 12, 2010 curb panhandling IP20 Board of Adjustment: May 12, 2010 ~ i r~'`~,~ ~' ""`®'~~ City Council Meeting Schedule and "'rte- 06-10-10 CITY OF IOWA CITY Work Session Agendas IP1 www.icgov.org • FRIDAY, JUNE 4 Emma J. Harvat Hall 8:OOa Special Work Session -City Manager Search • MONDAY, JUNE 14 Emma J. Harvat Hall 6:30p Regular Work Session • Metropolitan Coalition Lobbyist David Adelman • Planning and Zoning Items "b,c,f" • Council Appointments • Agenda Items • Location of Affordable Housing (IP#2] ^ Information Packet Discussion (June 3 & 10] • Council Time • City Manager Search • Budget Priorities • Joint Agenda Items (IP#3] • Summary of Pending Work Session Issues (IP#4 ] • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules (IP#5] • TUESDAY, JUNE 15 Emma J. Harvat Hall 6:15p Special Council Work Session -City Manager Search 7:OOp Regular Formal Council Meeting (Continue Work Session if necessary) TENTATIVE MEETING .SCHEDULE SUBJECT TO CHANGE • WEDNESDAY, JUNE 30 North Liberty 4:OOp Joint Meeting • MONDAY, JULY 5 Independence Day Holiday -City Offices Closed • MONDAY, JULY 12 Emma J. Harvat Hall TBD Special Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • MONDAY, AUGUST 16 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, AUGUST 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting ~~~~ '~ "'"'®'~~ City Council Meeting Schedule and CITY Of IOWA CITY .Work Session Agendas June 10, 20,0 www.icgov.org • MONDAY, AUGUST 30 6:30p Special Work Session Emma J. Harvat Hall • TUESDAY, AUGUST 31 7:OOp Special Formal Council Meeting Emma J. Harvat Hall _~ r _~ ~..:.® ~ ~ui~ ~ ~. ,~®,~~ Date: June 9, 2010 To: City Council C 1 T Y O F l O W A C 1 T 1P2 MEMORANDUM From: Jeff Davidson, Director of Planning & Community Development ~?~~~ Steve Long, Community Development Coordinator Re: June 14 Affordable Housing discussion At your June 14 work session, staff seeks guidance on where you would like to see housing that receives funding from the Community Development Block Grant (CDBG) and/or HOME Investment Partnerships Program (HOME) located. Iowa City's Consolidated Plan for Housing, Jobs and Services for Low-Income Residents (a.k.a. CITY STEPS) identifies affordable housing as a high priority and states the City will create and expand affordable housing in Iowa City. Staff seeks your guidance on where this affordable housing should be located. We are aCDBG/HOME entitlement community and receive approximately $1.5-$2 million annually for these programs. CDBG funds support a variety of activities that benefit low-to- moderate income households. These include salaries for local human service agencies, brick and mortar type projects, and loans to help finance small businesses created by or hiring primarily low income employees. HOME funds may only be used for affordable housing. The City funds housing projects that serve households with different needs and income levels. Housing activities can be broken into the following general categories: • Shelter and transitional housing. Households in need of shelter and transitional housing typically have higher needs and may receive intensive social service supports to work towards permanent housing. • Tenant Based Rental Assistance (TBRA). TBRA provides monthly subsidies to the landlord to help the tenant with rent. The tenant pays 30% of their income (whatever that income is) for housing costs. This is similar to the much larger Section 8 program, which is not part of CDBG and HOME funding. We do not control where TBRA and Section 8 rental assistance is used. Any landlord may accept tenants funded through these programs. Rental. CDBG and HOME funds can be used for acquisition of land, acquisition of existing homes or new construction. For CDBG/HOME assisted rental properties, households living in a CDBG/HOME rental unit without Section 8 pay rent which can't exceed the fair market rent for our area. In 2010, rent fora 2 bedroom unit is $734, a three-bedroom unit is $1,069. The household is responsible for the total rent amount. Many households living in a CDBG/HOME assisted home without a Section 8 voucher do not receive additional community assistance or social service support. Owner-occupied. This can include down payment assistance, owner-occupied rehabilitation or new construction. Households benefitting from owner-occupied housing assistance typically have the highest income. Social service supports, if any, are minimal. June 9, 2010 Page 2 Questions for your meeting on June 14: 1. What type of CDBG/HOME funded housing activity is of concern and what is the concern? 2. Based on the concern, are there certain types of housing activities that you want to limit to certain geographical areas? What type of geographical areas-Census tract, neighborhood, or elementary school district? At your June 1 work session, we distributed a map showing the location of all publically subsidized affordable housing in Iowa City including Section 8 vouchers with the elementary school boundaries superimposed upon it. We also handed out the income limits that apply to the housing categories identified above. This document identified common jobs held by Iowa City residents where their income level would enable them to qualify for CDBG/HOME assisted housing. At your June 1 meeting you requested the following documents, which are attached: • October 28, 2009 summary memo on visit to Davenport Police Department. • Summary section from 2007 Affordable Housing Market Analysis. • Glossary of affordable housing terminology. Staff will be present on June 14 to answer questions and provide information about CDBG and HOME programs. w/ppddir/mem/AffordableHsg-6-14-10.doc MEMO Date: October 28, 2009 To: City Council From: Amy Correia Re: Visit to Davenport Police Department On Wednesday October 7, 2009 I participated in a visit to the Davenport Police Department that was planned and coordinated by the Iowa City Area Chamber of Commerce. The following persons from Johnson County attended: myself, Rebecca Neades (Chamber of Commerce); Marcia Bollinger (Iowa City Neighborhood Services); Steve Fortmann (ICPD); Tracey Mulcahey (North Liberty); and Barry Bedford (Coralville PD). Cpl. Mark Berger, Crime Prevention Specialist, with the Davenport Police Department hosted us and provided materials and information about efforts underway in Davenport to support neighborhood safety and stability. Cpl. Berger shared information about three specific programs: Crime Prevention Unit (Staffing: Cpl. Berger & two crime prevention officers) The Crime Prevention Unit serves the entire city of Davenport and consists of two elements: 1. Landlord Education Assistance Program (LEAP): This is Davenport's nationally certified "Crime Free Multi-Housing Program." Cpl. Berger primarily operates this program. There are two basic components of this program: a. Landlord education: There is now a city ordinance in place that requires every landlord to attend afull-day 8 hour course as one requirement for maintaining a rental license. It costs $25 to attend in person. The City of Davenport has collaborated with the community college to make the course available on-line for $12.50. Property owners or their designated property managers are required to attend. Cpl. Berger provided copies of the training manual to us. Topics include Crime Free Multi Unit Housing Program, "Active' property management, Assisted Housing, Housing Code/Fire Safety, Eviction process, Nuisance Abatements, Civil Rights, and Drug and Gang Awareness. b. Criminal background checks. The Davenport PD offers to landlords free criminal background checks to landlords for rental housing applicants. The city has an extensive volunteer program (NIPS: volunteers in police service), and they have 25 volunteers who perform the background checks, which includes: arrest record; Iowa Courts check; Rock Island courts check; and will call employer and current landlord. The city ordinance requires that landlords perform criminal backgrounds checks. They do not make recommendations on if the landlord should rent to these individuals. The police department has afull-time civilian volunteer coordinator. 2. Crime Prevention efforts including Neighborhood Watch; community presentations on home burglary prevention, graffiti hotline, etc. NETS unit (Neighborhoods Energized to Succeed): (Staffing: 1 Sergeant & 6 officers) This is a community policing effort that started in one neighborhood (with 2 officers originally) and has expanded to five neighborhoods. The NETS officers are assigned to specific neighborhoods and build relationships with residents and landlords. They work cooperatively with other city departments and utilize the Davenport nuisance ordinance to abate nuisances in neighborhoods. For example, as officers drive through neighborhoods they notice abandoned cars, high grass, burned out street lights, etc. and take appropriate action to mitigate the nuisances. The city has one full-time attorney devoted to nuisance abatement cases. Officers are on bikes in the summer and on foot to build relationships with residents. Landlords as well as owner occupants will be fined by the city if there are a significant number of police calls to specific their homes. Patrol officers also have the capability to determine rental property owners from their computer in their patrol cars and contact that owner immediately after they are called to respond to problems at rental properties. In the Heatherton Neighborhood, there has been a 40% decrease in calls for service from 2007 to 2009. Cpl. Berger stressed that it is important to select community- minded officers that have skills in building relationships. NETS officers have cell phone and give their phone numbers to residents in the neighborhoods they cover. Cpl. Berger shared that the program has resulted in increased inter-departmental cooperation within the city. For example, the police are communicating with housing inspections regarding nuisance abatement and public works regarding graffiti on public property. There has been additional cooperation with community groups. United Neighbors and community corrections supports the police department to assist with graffiti clean-up on private property. Juvenile Detective Bureau. (Staffing: 1 Sergeant, 4 Detectives, and 1 Liaison civilian officer). The Bureau was established about 4 years ago and includes 4 detectives and a community liaison position. As in the community policing positions, it is important that the officers in this unit have specific skills and abilities in working with youth and their families. Other information shared: Rebecca asked about the role of business in community efforts to reduce crime. Cpl. Berger said that the neighborhoods selected for inclusion in the NETS programs are primarily residential. However, he did share that businesses can support crime prevention efforts by considering no loitering or no trespassing policies on their property and refocusing pedestrian traffic. Additional environmental strategies for crime prevention were mentioned, including: analyzing on-street parking policies -where is parking allowed, does parking block the ability for the police to see what is going on in a neighborhood? Overall, the visit provided significant information to consider as Iowa City continues to discuss efforts to reduce crime in neighborhoods. I appreciate the time Cpl. Berger spent with the Johnson County delegation, and thank Rebecca Neades for coordinating the visit. I look forward to discussing this visit with the Council, ICPD, Neighborhood Services and other City departments to determine any strategies Iowa City might consider moving forward. Glossary of Affordable Housing Terms Affordable Housing: Affordable housing is generally defined as housing in which the occupant is paying no more than 30 percent of gross income for gross housing costs, including utility costs. Affordability is family specific and solely determined by the amount of household income. Assisted Housing -Development: Refers to the development, through new construction or rehabilitation, of Affordable Housing units with public funding. Examples: CDBG funds, HOME Funds, and LIHTC Tax Credits. Assisted Housing -Rental Assistance: Refers to the use of rental assistance/subsidies to make rental housing affordable. Examples Project-Based Rental Assistance, Tenant-Based Rental Assistance, and City owned Public Housing. Community Development Block Grant Program (CDBG): Created under the Housing and Community Development Act of 1974, this program provides grant funds to local and state governments to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate-income residents. The City of Iowa City Fiscal Year 2011 Action Plan may be viewed at: www.icgov.org/actionplan Emergency Shelter: Emergency housing that serves the needs of homeless families and individuals. Examples: Shelter House, Domestic Violence Intervention Project (DVIP). HOME (Home Investment Partnerships Program): Provides formula grants to states and localities that communities use -often in partnership with local nonprofit groups - to fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent or homeownership, or to provide tenant-based rental assistance. The City of Iowa City Fiscal Year 2011 Action Plan maybe viewed at: www.icgov.org/actionplan Housing Choice Voucher Program (HCV): The HCV program increases affordable housing choices for very low-income households by allowing families to choose privately owned rental housing. The Iowa City Housing Authority administers 1,214 vouchers which are used throughout Johnson County; and, in parts of Washington and Iowa Counties. The vouchers are 100% federally funded. Low-Income Housing Tax Credit (LIHTC): A tax incentive intended to increase the availability of low-income housing. The program provides an income tax credit to owners of newly constructed or substantially rehabilitated low-income rental housing projects. Examples: Emerson Pointe, Concord Terrace, Lexington Place, Regency II. Public Housing: Affordable rental housing owned by the City of Iowa City. The City owns 81 public housing units. The Iowa City Housing Authority serves as the landlord for these units and rents them to eligible tenants. These units are 100% federally funded. Section 8 Project Based Rental Assistance: Rental assistance provided for a project, not for a specific tenant. Projects are owned and managed by private market companies or private non- profit organizations and are 100% federally funded. Tenants receiving project-based rental assistance give up the right to that assistance upon moving from the project. Examples: Pheasant Ridge, Capitol House, Ecumenical Towers. Section 8 Tenant-Based Rental Assistance: A form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. Example: the Housing Choice Voucher program operated by the Iowa City Housing Authority. Transitional Housing: Transitional housing serves as a bridge between shelter and permanent housing by providing housing with supportive services to assist families and individuals toward greater independence. Examples: Hawkeye Community Action Program (HACAP), Mid-Eastern Council on Chemical Abuse (MECCA), Four-Oaks, United Action for Youth (UAY). AFFORDABLE HOUSING IVIULLIN LC~N~R.CCT~N -~~~OCIA"I"~S ~~ I -I law~a City Metra Area Atfar~clable Naussne~ Ptterket Analysis _. . Acl~nowledg~me~lts Appreciation is extended to the following individuals who committed their time, energy and experience to this process. Steering Committee Members Jerry Anthony, University of Iowa Steve Gordon, AM Management Karen Howard, City of Iowa City Andy Johnson, Housing Trust Fund of Johnson County Swen Larson, Three Bulls Development and Larson Builders Steve Long, City of Iowa City For more information, contact: City of Iowa City Planning and Community Development 410 E. Washington Street Iowa City, IA 52240 319.356.5230 www.ic;;ov.or;; __~ ~ . Ct~..e.r„~.; o _ , , e University iici~ilts lawa City + Naeth t.iberty r, a s,, q.~. ~~ ,~ Iowa pity Metro Ares. Affc~rdal~le Housing Markot Analysis CONTENTS __ 1. Executive Summary ........................................................ 3 2. Introduction .................................................................. 16 3. Population and Household Data .......................................... 19 4. Housing Data ................................................................ 30 5. Economic Data .............................................................. 42 6. Non-Housing Factors that Influence the Housing Market ............. 58 7. The Affordable Housing Market .......................................... 73 8. Housing Affordability Analysis ........................................... 77 9. Barriers to Affordable Housing ........................................... 93 10. Existing and Projected Demand for Affordable Housing ............. 96 11. Strategic Housing Plan .................................................... 120 ~~rrtBviiCc • ie»wa Cify a North liberty ~ Tiffin r t3niver~ify -~ ~ ___ ., e.. (...3'!"~ ~~ ~ ~ .. Part I ~ EXECUTIVE SUMMARY OVERVIEW _ __ _ _ ___ ___ ___ Iowa City is consistently ranked as one of America's best places to live. Over the past several years, the city has been awarded the following noteworthy recognitions: • Sterling's Best Places to Live - 5`h nationally • Money Magazine - 3`d best Place in the Nation to Retire • Forbes/Milken Institute -Best Small Metro Areas and Best Places to Launch a Small Business Career • Sterling's Best Places -Low Stress Level • Expansion Management Magazine - 4t'' best public schools in the nation; 5-star Quality of Life; Best Places to Expand Business • American City Business Journal -Quality of Life. Iowa City and the University of Iowa have been inextricably tied together since the inception of both. The city was created in 1839 as the first permanent location of Iowa's seat of government and the university followed soon after in 1847. Today, the two institutions are nearly synonymous as a result of their influences on each other. Student enrollment of almost 30,000 together with 18,000 employees makes the university the single, largest entity in a region that extends well beyond the city. The livability of Iowa City and the quality of higher education at the University of Iowa have attracted tens of thousands of students, faculty and staff for decades. As enrollment has risen, so has the demand for housing. The increasing student and faculty population has placed a premium on housing not only in Iowa City, but in neighboring jurisdictions as well. For over fifty years, residents have been seeking more affordable housing outside of Iowa City. Following World War II, veterans attending college classes on the G.I. Bill searched for housing in Coralville where it was considered more affordable and taxes were lower. A similar scenario exists today where lower income households struggle to find decent and affordable housing in a very tight and expensive housing market. PURPOSE OF STUDY The City of Iowa City, in collaboration with the cities of Coralville, North Liberty, Tiffin and University Heights (collectively referred to as the Iowa City metro area), have prepared this Affordable Housing Market Analysis to examine existing and future need for housing among lower income households. ~3 To assist with the preparation of this document, the City of Iowa City selected the firm of Mullin & Lonergan Associates, Inc., a housing and community development consulting firm with offices in Pittsburgh, Harrisburg and Philadelphia, Pennsylvania. The purposes of the Affordable Housing Market Analysis are to: • Identify demographic and economic trends that affect the demand for housing • Define the supply and demand characteristics of the housing market as a whole • Analyze the demand for affordable housing • Determine if there are any barriers to affordable housing • Recommend actions and initiatives aimed at expanding the supply of affordable housing. This study does not include an analysis of student housing. While university students significantly impact the regional housing market, the primary purpose of this study is to determine the need for affordable housing for non-student households. WHAT IS AFFORDABLE HOUSING? For this study, lower income households are defined as those with an annual income at or below 80% of the area median household income. Affordable housing for renters is defined as paying no more than 30% of gross household income for housing expenses including rent and utilities, regardless of income level. Affordable housing for home owners is defined as paying no more than 50% of gross household income for housing expenses including mortgage, utilities, insurance and taxes, regardless of income level. The primary goal of this study is to determine whether there is an adequate supply of affordable sales and rental housing to meet the needs of households at or below 80% of median household income in the Iowa City metro area. MAJOR FINDINGS Household growth is outpacing population growth. During the 1990s, population in the Iowa City metro area increased at a rate of 13.6% while households grew by 22.8%. This trend parallels national trends in high growth areas and is indicative of smaller households and smaller family size. Iowa City's modest population increase of 4.2% was easily surpassed by a 14.7% increase in household growth. North Liberty and Tiffin both experienced very high household growth rates. The exception to this trend is Coralville, which experienced a higher population growth rate (46.2%) and a lower household growth rate (39.9%). This is indicative of a higher rate ofmarried-couple families with children and a larger average household size. While the population of University Heights fell 5.3% during the 1990s, households declined by less than 1 %. This reflects an aging population where children have moved out of their parents' homes. _ - e t~t,.,,.~. ~ ., ~_, ~ rt f~. New residents continue to migrate to the Iowa City region. New residents are relocating to Johnson County from contiguous counties and across the nation. In fact, more people are moving into Johnson County than are moving out. In 2000, more than 35,000 persons migrated to Johnson County from their previous residence in 1995, while almost 33,000 persons migrated out. This resulted in a net inflow of almost 3,000 persons. Housing prices have outpaced income. Real median household income in Iowa City decreased 4.5% from $42,694 in 2000 to $40,772 in 2007. In contrast, the median sales price of housing increased 8.2% from $134,000 in 2001 to $165,000 in 2006, after adjusting for inflation. Demographia, an international public policy firm specializing in urban policy and demographics, in 2000 ranked the Iowa City urbanized area as the 67`h most expensive housing market out of 451 markets across the U.S. Many cost burdened households are active members of the region's workforce whose salaries are not keeping pace with housing costs. More than half of all employed persons work in industries with the lowest entry level wages in Johnson County. Approximately 12.8% of workers are employed in industries with entry level wages of less than $15,000 annually. Another 40% work in industries with entry level wages between $15,000 and $20,000 annually. These lower wage workers are essential to the continued expansion of the region's economy and they contribute significantly to the demand for affordable sales and rental housing in the Iowa City metro area. Approximately 29% of all households in the study area have household incomes of less than $25,000. This is equivalent to 11,344 households (including student households) having household incomes of about 52% of the Johnson County median household income. Excluding households where the householder is younger than 25 years of age (i.e. student households) lowers this figure to 6,792 households, representing 17% of all households in 2007. Another 10,863 households (28%) have incomes between $25,000 and $49,999, which is equivalent to about 104% of the County median household income. In 2006, the median sales price of housing ranged from a low of $152,900 in the North Liberty/Tiffin area up to a high of $180,000 in Coralville. Based on these prices, a household would require a minimum income of $50,650 in order to afford a home selling for the median sales price within the study area. This income amount is equivalent to 106% of the median household income of $47,940 for all of Johnson County in 2007. Gora3viEPe __~.___iowra City--+ North Liberty ~ Tiffin; • 21~Biu~rsity Hcig9Yts try ' `~ , E < < ~~i, ''i Household growth is expected to add more than 2,600 households by 2012 with most growth occurring at higher income levels. In its scope, the Affordable Housing Market Analysis considers the five year period from 2007 through 2012. More specifically, the study considers how the growth of households within that time frame will impact the demand for affordable housing. Claritas projections report a net total of 2,618 new households in the Iowa City metro area by 2012 with most of these households projected to be in the $100,000 and higher income range. Continued household growth and higher median household income fuel the demand for new housing. However, the Iowa City metro area is producing many more higher-priced housing units than moderately priced units. Since 2000 nearly 7,500 housing units have been added to the Iowa City metro area housing inventory. Between 2005 and 2006, the number of single family housing units that sold for less than $100,000 in the Iowa City area decreased from 186 units to 155 units. Meanwhile, the number of single family housing units that sold for more than $200,000 increased from 751 units to 764 units. Between 2000 and 2006 the average construction cost for a single family housing unit in Iowa City rose 30% from $148,588 to $226,676, after adjusting for inflation. A total of 1,703 new construction single family and condominium units sold for less than $140,000 between 2000 and 2006. The suburban areas remain the centers of growth in the region. More than 90% of the population increase since 2000 has occurred in the municipalities surrounding Iowa City and University Heights. Spurred by new residential and commercial development, the population of Coralville has increased 21.3% from 15,123 to 18,337. This is equivalent to an annual average increase of 459 residents over the past seven years. The population of North Liberty has increased 49.3% from 5,367 to 8,014, averaging 378 new residents annually. Tiffin, with a 2000 population of 975, is also experiencing significant growth; the population increased 50.1% to 1,463 in 2007. For the first time, Iowa City's population declined in 2002, falling to 62,894 from 62,947 in 2001. After a couple of years of modest growth, the population increased to 63,046 in 2005 before declining to 62,971 in 2007. Consequently, the overall growth rate of Iowa City since 2000 is estimated to be 1.2%. University Heights has continued to lose population since 2000, falling from 987 to 874 residents. This count is approaching pre- 1970 population levels. Fueled by the growth in the areas outside of Iowa City, Johnson County's population has continued to increase at an average annual rate of 1,043 persons since 2000. With the -', r ~~.va.~ ~ o N°rl.~ ~,' ~~ a T~ffir7 e university tici~ilts t~ !©w~ City ~~er~..: - ~s,' ., i.~i ~ [. „~ ,, ~ ~,,,~ > '. • : -, exception of Iowa City and University Heights, growth in the study area exceeded the County rate of 6.6% and the State rate of 1.0% during the same period. Existing demand for affordable housing exceeds projected demand. The demand for affordable housing is comprised of both existing demand and projected demand. Existing demand for affordable housing is based on the number of households in the study area that are experiencing housing problems. Projected demand is based on the increase in the number of lower income households expected to reside in the study area regardless of housing condition. The combination of existing demand plus projected demand provides an estimate of the overall demand for affordable housing units. To estimate existing housing demand, households with housing problems were identified utilizing 2000 data from HUD's State of the Cities Data System. Housing problems included the following two characteristics: (1) renter households who were cost burdened and paying more than 30% of gross income on housing and home owners who were cost burdened and paying more than 50% of gross income on housing, and (2) households who were living in dwelling units with physical deficiencies (overcrowded conditions and/or without complete plumbing or kitchen facilities). Across the study area, a total of 4001ower income households were living in physically- deficient units. Cost burden was identified as a housing problem for 8,396 renter households with only 1,868 of these identified as Family Households. Among owner households, 827 were cost burdened. As a result, the existing housing demand is 3,095 units (400 households living in physically-deficient units plus 1,868 cost burdened family renter households plus 827 cost burdened owner households). The total projected affordable housing demand for the Iowa City metro area consists of 2,355 dwelling units. This number consists of 924 units affordable to extremely low income households, 571 units affordable to very low income households and another 860 units affordable to low income households. As a result, existing demand for affordable housing exceeds projected demand by a ratio of 1.3 to 1. Projected housing construction activity is not expected to address affordable housing need. It is projected that an additional 5,136 housing units will be created between 2007 through 2012. The net change in the existing housing stock in the study area between 2000 and 2006 was 7,488 housing units for an average annual production rate of 1,070 units. A lower annual production rate is projected for 2007 through 2012 as a result of the current problems in the housing mortgage industry. While lending institutions may tighten their mortgage standards, this may be off-set by the vibrant and diversified economy in the Iowa City region. However, tighter mortgage standards will have a more r~.7 .. u- .. . significant impact on lower income households than middle and higher income households. Based on these trends and assumptions, it is projected that an additiona15,136 housing units (approximately 856 units annually) will be created from 2007 through 2012. Of these: • 3,082 units (60%) will be single family owner-occupied units • 2,054 units (40%) will be multi-family renter-occupied housing units. Furthermore, it is projected that the private housing market will continue to favor higher income households, owners and student renters over lower income households and family renters. Experienced affordable housing developers in the region are struggling against many barriers to create new affordable housing units for lower income households. Barriers to affordable housing are obstacles that impede the development of affordable housing units. Different types ofbarriers-public policies, market factors, physical constraints, etc.-require different strategies to ameliorate their impact on the affordable housing market. The barriers identified in the Iowa City metro area include the following: • Public Policy Barriers o There is an absence of developable land zoned for multi-family housing and available for purchase in Iowa City. Undeveloped land that is already zoned for multi-family housing is largely controlled by developers that bring the land to market on a gradual basis. Consequently, if a nonprofit developer wishes to build multi-family units, he must apply for a rezoning and endure the public hearing process, where neighborhood opposition can defeat the project. o State and federal funding resources have continuously declined over the past several years with fewer resources made available to finance affordable housing projects. • Market Barriers o The high cost of land and construction places new housing development beyond the reach of most affordable housing developers. o In high growth areas such as the Iowa City area, market rate developments offer higher profit margins to builders and developers, thereby reducing the supply of labor and number of firms interested in affordable housing. o Market rate transactions offer fewer challenges (to builders and developers) and higher commissions (to Realtors) than do affordable housing developments. - ____ Coralville • lov~a t;'itp • North Liberty • 7iftis~ o University Ne~c~ its Y~ ..~: t ~y ~a2ra ~ ~,~ ~', r i,~., o There is a relative scarcity of single family detached homes available for sale for less than $200,000. o "Street" rents for student housing are higher than HUD Fair Market Rents, which is a disincentive for private landlords to participate in the Section 8 Housing Choice Voucher Program. o The student rental market is very lucrative. Leases for newer student apartments include aper-bedroom monthly rent which greatly exceeds what a working family with children could afford to pay. o There is a relative lack of available vacant housing units that are affordable and available for purchase and/or rehabilitation for lower income households. This situation places more pressure on affordable housing developers to construct new units, a more costly alternative. o There is a relative lack of vacant non-residential structures available for purchase and conversion into rental housing. o Restrictive covenants on single family detached homes constructed in planned subdivisions that require minimum square footage of dwelling units, minimum number of garage bays and other design standards prohibit homes from being rented and eliminate the possibility of affordable housing units being built within many of these new communities. o Nearly half of the privately assisted housing inventory is at risk for conversion to market rate housing. o The vibrant housing market in Iowa City has caused property values to increase and housing units to be highly marketable. As a result, there are relatively few areas that are suitable for redevelopment initiatives, which could help to create new affordable housing opportunities. Physical Barriers o The high cost of lead-based paint abatement greatly increases the cost of rehabilitation of older housing units. o Sensitive environmental features such as steep slopes and wetlands are driving up the cost of housing construction on vacant parcels. • Other Barriers o There is a need for increased capacity within nonprofit organizations that develop affordable housing. Nonprofit organizations typically operate on shoe-string budgets. Without ready access to pre-development assistance, nonprofit developers are very limited in their ability to explore the feasibility of a project. The number of experienced staff dedicated exclusively to housing development indicates how much time and effort a developer can devote to creating new housing. A staff of several full-time employees working exclusively on locating sites and developing financing packages, as well as overseeing construction, enables a developer to focus on its mission to build housing. ~~ra ~: . ,~ . ~~€t~t, ~~ , ~< t, -. o The ability to successfully make the transition from renting to home ownership can be daunting. Learning how to budget, allowing for home maintenance, keeping a credit history in good shape-all of these elements are key components of home ownership counseling which must be available to first time homebuyers to help them achieve long-term stability and avoid default or foreclosure. Total affordable housing need for 2007-2012 is estimated to be 2,739 units. Affordable housing need is determined by identifying the unmet affordable housing demand. The total affordable housing demand in the study area for 2000-2012 was calculated to be 5,450 housing units. The total affordable housing supply for the same period is estimated to be 2,711 units, leaving an unmet need of 2,739 affordable housing units. AFFORDABLE M©USfNG DEMAND Total `Existing Demand for Affordable Housing (2000) Households with Housing Problems 3,095 Future Demand for Affordable Housing (2000-2012) . New Lower Income Households lorcinhin~ cnid?nt households where possiblrl 2,355 Totaf At7ordebla Housing Demand 5,450 AFFORDABLE HOUSING SUPPLY Total Supply of Affordable Houslr~y Unity orated betw.;::r~ L000 and 2016 - -- _ - ,, 2000-2006 New Construction,rRehabilitated Units New construction single family and condo unds (market rate units) 1,703'. Habitat for Humanity (6 units/year x 7 years) 42" Iowa City TARP Program (8 units/year x 7 years) 56 Longfellow Manor 12 The Peninsula ... 17!. _. .. Melrose Ridge _. 19'. The Housing Fellowship ~ ~ 15 . Concorde Terrace 30 LexingtonPlace _.. 30 Extend the DreamFoundation ,.. 3. Whispering Gardens _ _ 12 MECCA _12 SuccessfuLLwing _.. ,, _._ ,.... 29' HACAP 22': 2007-2012 New Construction/Rehabilitated Units New construction single family and. condo units (market rateunits). 514:. Habitat for Humanity (5 units/year x 6 years) 30'. ' Builders of Hope ,. 6. _HACAP 6' Iowa City TARP Program (8 units/year x 6 years) 48' Iowa City Housing Authority (Longfellow Place). _ _ _ 6 The Housing Fellowship (Berry Court) _. 14' The Housing Fellowship (Home & Neighborhood Scattered Sites) 24' Burns and Bums (Jefferson Point) F" .Total Affordable Housing Suppty a,711 AFFORDABLE HOU5ING NEED Iota( 7otai Demand minus Total Supply 2,739 ~c,:,.,. ., s i~rwa City ~+ ~ Liberty • , Un[ver5ity Hcigitts "! ~} RECOMMENDATIONS 1. Work to change public perception of higher density, multi-family affordable housing. There is a perception amongst some that higher density, multi-family housing proposals consisting of affordable housing opportunities are not appropriate for single family neighborhoods. While this rationale may be justified in some instances, multi-family housing fronting along major thoroughfares, located at street intersections, and in transition areas between residential and non-residential uses are appropriate. And, contrary to public belief, well-designed and well-managed affordable housing developments do not decrease surrounding property values. Recommended strategies include: • Engage in public education and outreach to help residents understand that there are costs associated with an undersupply of affordable housing such as lower achievement scores among school-age children, increased traffic congestion, increased commuting times and distance, increased need for road maintenance, less time for volunteer and other civic activities, etc. • Put a human face on workforce housing needs such as a local school teacher, nurse, or police officer. Illustrate that many people who fill vital community occupations cannot afford to purchase or rent a home today. • Affordable housing developers can help change negative perceptions through quality design that is compatible with existing surrounding neighborhoods. Every effort should be made to insure that all affordable housing is well-designed, integrated into the neighborhood and effectively managed. Residents are sensitive to affordable housing being located in their neighborhoods due to the fear that affordable housing units will decrease property values. In reality, affordable housing developments that are well-designed, smartly-integrated and effectively managed have been shown to enhance property values rather than diminish them. • Publicize this report to educate the public on the area's affordable housing needs. 2. Revise public policies to create an environment in which affordable housing opportunities can be created without obstacles. Increase the amount of land zoned for multi-family housing. Most, if not all, of the land currently zoned for multi-family housing in Iowa City is either developed or not on the market. Affordable housing developers are unable to make projects work financially on the few parcels that maybe available because (1) the land is too expensive, or (2) it is not zoned to an adequate density. Proactive, selective rezoning of land within Iowa City by elected officials to expand the location of zoning districts that permit multi-family housing by right will eliminate the ,,., .._. s 4~ w~; : _ ~ Ncarth Liberty ~ Ts€fit7 [~niver - _ 1 i- .t~?~fs i~ ,.. .~ .., ~ .. h - opportunity for NIMBYists to object to development proposals on a case-by-case basis. • Zone concurrently with all annexation actions. Iowa City should continue to enforce its policy of zoning land upon annexation into the city, and Coralville, North Liberty and Tiffin should be encouraged to do the same. Multi-family housing should be given a high priority during these procedures. 3. Adopt a mandatory inclusionary housing ordinance to meet the significant unmet need for affordable housing. The Iowa City metro area is fortunate to have several highly motivated nonprofit and for- profit affordable housing developers. While these organizations are highly capable, they lack the resources required to put a major dent in the region's unmet affordable housing need. Clearly, additional mechanisms are needed to expand the production of affordable housing. One way of expanding production is to capitalize on the region's dynamic real estate market by using market-rate development to create the supply of affordable housing. Inclusionary zoning is a "carrot and stick" approach to expanding affordable housing. Such an ordinance could provide financial and other incentives to developers in exchange for the provision of a percentage of housing units set aside for households with incomes at or below 80% of the area median income. For an inclusionary ordinance to be effective, there must be specific incentives offered in exchange for specific measures to be undertaken by a developer. For example, the ordinance might require a developer to set aside at least 5% of all single family housing units in a project to be sold for no more than $135,000 each. For amulti-family development plan consisting of a minimum number of units, a specified percentage of the units (usually 5% to 10%) would be required to be set aside for households under a specified income threshold. 4. Potential redevelopment areas in Iowa City present opportunities for new affordable housing and neighborhood revitalization. Chapter 403 of Title IX of the Code of Iowa allows a city to establish urban renewal areas to assist in the removal and redevelopment of blighted and substandard properties. Cities can also undertake urban renewal activities that promote new economic, commercial, and housing developments. These initiatives typically include the acquisition and demolition of structures, utility and infrastructure installation, new infill housing, rehabilitation or conservation of properties, and other development assistance utilizing tax increment financing (TIF). Obtaining the designation of a Neighborhood Revitalization Strategy Area (NRSA) from HUD may be appropriate also. The redevelopment of residential areas near employment centers and public transportation access can help families decrease housing and transportation costs and Cor~i~Elie • i.,.... ~r H Ncsrth Lib+'ty ~ T'ifi~fm _ _ <Y C~w~a;"ity R~€~tra ~rca ~' ~ (st ~ H:.ssir , ~ '-~q; : ~ .;}~>i~ their commuting time to work. Increasing higher density housing in these areas can increase public transit readership as well. 5. Prioritize the preservation of existing affordable housing units. In terms of rental housing, the priority need is to preserve the existing supply of affordable units. Preservation of existing assisted rental housing has been recognized as a national problem as older affordable housing units begin to reach contract expiration or the end of their restricted use period. In fact, most states have included aset-aside of federal Low Income Housing Tax Credits within their Qualified Allocation Plan (QAP) to specifically address the preservation of existing affordable housing stock. Owners of aging affordable rental housing developments with expiring use restrictions or subsidies are being faced with decisions regarding the future use of their property. Potential loss of existing rent subsidies, conversion to market rate housing, and/or deterioration of older and less marketable units, are just a few of the concerns that owners need to address. In the Iowa City metro area, nearly half of the entire assisted rental housing stock is facing or will be faced with expiring rent subsidies and/or restrictions through 2011. That's nearly 600 units of the existing 1,278 rental units. The disposition of these units will likely fall into three major categories, including conversion to market rate, investing in moderate to substantial rehabilitation, or maintaining the status quo. With the large number of affordable units set to expire by 2011, it is critical that officials promote preservation of these units as a community priority and collaborate with development owners to ensure these units remain in the affordable housing stock. Another affordable housing resource in Iowa City that is worthy of preservation is the existing supply of mobile home parks. As a matter of public policy, Iowa City has historically placed emphasis on the rehabilitation of existing mobile homes. The City requested and received special permission from HUD to rehabilitate mobile home units with CDBG and HOME funds. A strategy is needed to protect this public investment in mobile homes and mobile home parks. 6. Treat affordable housing developers as a special class of developer. Nonprofit housing developers cannot compete on a level playing field with for-profit developers in the absence of incentives. Nonprofits typically do not have ready access to capital and are dependent upon highly competitive public resources to finance their affordable housing projects. Incentives provided by a municipality can foster a higher level of commitment from and a stronger desire to produce more affordable housing units by local nonprofits. • Streamline the permitting process for projects involving affordable housing. Cr,,~..a ~ r t~w~ City a ~J~ar~h ~ibe~~ty w Tiffir~t i,t, .>' • Participate in the cost of financing infrastructure improvements for projects involving affordable housing. • Waive local fees for nonprofit organizations that develop affordable housing. Encourage the development of new housing tax credit projects. New production is needed to expand the supply of affordable housing. Local units of government should play a proactive role in identifying sites for new affordable housing, including surplus property that is municipally-owned. Development teams would then be encouraged to prepare and submit proposals. Local government should be prepared to work with the development team to define an appropriate blend of expectations and incentives that will result in a high quality project. 7. Seek State Housing Enterprise Zone designation. Developers and contractors building or rehabilitating housing in a State Enterprise Zone may be eligible to receive certain state tax incentives. The developer or contractor must build or rehabilitate at least four single family homes or at least one multi-family building containing three or more units in a certified Enterprise Zone. The housing must meet HUD Housing Quality Standards and local housing codes. Tax incentives include a refund of state sales, service or use taxes paid during construction and an investment tax credit of up to a maximum of 10% of the investment directly related to the construction or rehabilitation of the housing. 13. Dedicate specific sources of revenue to finance affordable housing development over the long term. Lobby Iowa legislators to fully finance the State Housing Trust Fund. This program helps ensure decent, safe and affordable housing for Iowans. The Local Housing Trust Fund Program provides grants for communities, counties and organizations to create a local housing trust fund. The Project-Based Housing Program aids the development and rehabilitation of single family and multi-family housing. Johnson County received a total of $132,000 in 2007 from the State Fund. While funding of the program is projected to increase, the demand for funds from applicants far exceeds available amounts. Identify a dedicated revenue stream to capitalize the Housing Trust Fund of Johnson County. In order to use the trust as a tool to address the region's unmet affordable housing need, it must be adequately capitalized through a recurring revenue stream. For example, local officials may wish to consider doubling recording fees on deeds and mortgages. The increase in recording fee revenues would automatically flow to the Trust Fund. ~~ral~ilEe a ~:. - a.u;~ s Nar£h L.ib~rty t Tiffin ,,•~:~. :~ ~~;~~,t~ `I ~ . r n i ~+ ~ ~~~C f;, r, ' ~ .. ~+~ p.:~-fir 9. Create an environment for collaboration and cooperation. Conduct workshops with local government planners and builders to: • Sensitize participants to affordable housing issues and solutions • Reach for high quality development that addresses a defined demand • Advocate for housing and transportation policies to be planned together • Publish public education materials to inform residents of the need for and the impact of affordable housing on the region • Participate in a roundtable discussion of best practices. Encourage partnerships between nonprofit and for-profit developers. Partnerships between for-profit and nonprofit developers can take on many different forms. Often the local non-profit has the vision and neighborhood relationships necessary to facilitate the creation of affordable units. However, most of the area nonprofits lack available human and financial resources required to successfully compete for program funds. Joint venture arrangements between nonprofits or for-profits will often provide the solution to close the divide between a goal and the means to accomplish the goal. In addition to human and financial resources the for-profit partner can impart valuable experience and expertise to their nonprofit partner. Establish a cooperative relationship with the University of Iowa to expand workforce housing and revitalize neighborhoods. Institutions of higher learning have a vested interest in expanding the supply of affordable housing and providing home ownership education to address the home ownership needs of faculty, support staff and lower wage employees. Universities frequently own land and can bring other resources to the table, such as research and financing, to facilitate the production ofnon-student housing and neighborhood revitalization. HUD's Office of University Partnerships supports expanded home ownership and neighborhood revitalization initiatives through programs such as the Community Outreach Partnership Center (COPC). ~, e €~ ~ ~.z~ ~~ ~_: arty e ~"iffsr a t#nivcr~3#y ~~ c ~.,~. -~ r; r IP3 ~Y~®~~ CITY OF IOWA CIT ~~~oR~ Date: June 8, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk f~, J~ Re: Agenda Items for Joint Meeting North Liberty will be hosting the next joint meeting of the City Councils of Iowa City, Coralville, and North Liberty; the Iowa City Community School Board; and the Johnson County Board of Supervisors. The meeting date is scheduled for June 30 at 4:00 PM. Please provide me with any agenda items you would like included at your work session on June 14. A complete agenda and meeting date confirmation will be distributed to you in the information packet on June 24. cc:jointmeeting requestforitems.doc IP4 SUMMARY OF PENDING WORK SESSION ISSUES 6/10/10 Taxicab Policies (JULY 12) Site of New Animal Shelter (JULY 12) Funding of ECICOG (JULY 12) Sunday Bus Service (JULY 12/AUGUST) Aid to Agencies Appropriations -Recommendations from HCDC (AUGUST) Meet with Parks & Rec Commission re: Affiliate Groups (AUGUST/SEPTEMBER) Review Function of Boards/Commissions: Explore Possible Consolidations Brick Streets Repair/Funding Strategy (SEPTEMBER) Alley Inventory (FALL `10) Flood Response & Mitigation Update (PERIODIC) July 12 -Combined August 16 -17 August 30 - 31 -~r,~~ CITY OF tQWA CITY 1P5 ~'~'.:11 ~~ i ~E~C) Date: June 10, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk ~~~ Re: September-December Meeting Schedule We will discuss the meeting schedule for the rest of the year at your July 12 work session. Please check your calendars and let me know if any dates you will not be available during that time or any preferences you may have to the meeting schedule. Based on the information received a proposed schedule will be prepared for discussion at your work session on July 12. 317 Sixth Avenue, Suite 800 Des Moines, IA 50309 Phone (515) 244-7282 Fax (515) 244-0140 www.iowaleogue.org Q ~~ o I . t1 111111 IOWA LEAGUE -°f CITIES The second session of the 83rd General Assembly adjourned Sine Die Tuesday, March 30, on the 79th day. This shortened time frame, along with a difficult budget backdrop, set the stage for an intense legislative session. Leaaue Leaislative Priorities Continued Disaster Rebuilding and Recovery SSB3098 and HSB573, initially companion bills, contained many provisions the League opposed or worked to modify, including expanding regulation to the 0.2-percent-annual-chance (500-year) flood plain instead of the 100-year flood plain. The League was successful in fending off provisions in the bill that would have severely impacted economic development or created uncertainty for cities. In addition to flood plain bills, "smart planning" legislation was introduced by the Rebuild Iowa Office. The legislation went through many iterations throughout session, and a version of the bill was amended onto the Rebuild Iowa Infrastructure Fund (RIIF) bill, SF2389. The legislation establishes "smart planning principles" for Iowa's state and local governments, and lays out guidelines for what must be included in a comprehensive plan. Smart planning will also tie into another portion of the disaster recovery discussion-additional I-Jobs funding. The RIIF bill creates the I-Jobs II program. The I-Jobs Board will receive $30 million for a new Disaster Prevention Smart Planning Local Grant Program focused on disaster relief and mitigation. The grant process will be run similarly to the local infrastructure grants under the I-JOBS Board in FY10, but the criteria will include projects in cities and counties that incorporate smart planning principles and guidelines. Both Smart Planning and I-Jobs are covered in New Laws Appendices B and C, respectively. Continued an page 3 w laws of Interest #0 Cities 201 o June 2010 s r o e s Intro: Session Summary/Priority Outcomes ................................................... l Administration ..............................................................................................4 Civil Service/Collective Bargainina ...........................................................4 Debt ~p,(lection ..........................................................................................4 Disaster Rebuilding and Recoverv .............................................................4 Elections ...................................................................................................4 Ethics and Campaign Finan ...................................................................4 Qpen Meetings/Onen Records ...................................................................5 Pensions ...................................................................................................5 Pr e ..................................................................................................5 t...e ................................................................................................... b erans ....................................................................................................7 M i s cel I a n eo u s ............................................................................................1 Economic Develooment ................................................................................ 7 Public Health, Saferi & Welfare ...................................................................1 Criminal and Civil Violations ....................................................................7 Law Enforcement .......................................................................................8 Public Health ............................................................................................8 b 'c S ..............................................................................................8 Public Works .................................................................................................9 viron ent .................................................................................................9 Rebuild Iowa Infrastructure Fund fRIIF- .......................................................10 ~tandina Aaaroariations (Standings Bill- .................................................... l l Aoa ndix A• Nuisance Proaerties and Tax Sale SF434 .................................12 Aaaendix B: Smart Plannina ......................................................................12 Appendix C: I-Jobs 11 ...................................................................................13 .~'` ~ This Special Report outlines legislation passed during the 2010 session that affects cities and is categorized in subject areas for easier reading. The sample entry below explains what type of information this report contains. The text of each bill is accessible from the General Assembly's Web site: htt ~~oolice.legis.state.ia.us/ Cool-ICE/default asp?CateQOrv=BillInfo&Service=Enroll ed&y~ar=2010 Q Editor's Note: The report is intended as a reference guide to new laws that may interest your community. This report should not act as a substitute for the actual final enrolled legislation, nor should it substitute for advice from an attorney. HF123-Bill Name This is where a description of the bill would be, along with an explanation of how it impacts city governments. Section 12A.3. Effective February 10, 2010. ~ Editor's Note: If the League feels additional information is needed for clarity, it will he foand here. F~ Outcome of Leaislative Priorities Pensions Both public retirement systems were major legislative topics in this pension year. The League opposed provisions affecting the Municipal Fire and Police Retirement System of Iowa (MFPRSI) in the omnibus pension bill HF2518, including the phasing out of the state contribution, overtime inclusion as covered wages and creating a new Benefits Advisory Committee to make recommendations to the Legislature on benefits changes. For Iowa Public Employees Retirement System (IPERS), the bill contained a provision opposed by the League giving a cancer and infectious disease presumption to the IPERS protected class. The League supported changes to benefits proposed in the IPERS section of the bill. After much negotiation, the new Benefits Advisory Committee (BAC) was removed from the bill, and language was added directing the existing MFPRSI Board of Trustees to review the benefits and finances of the MFPRSI system and make recommendations to the Legislature concerning the long-term financing and benefits policy of the system by January 10, 2011. This will allow for a comprehensive review of the system, which includes contribution rates by cities and employees. In addition, it was made clear the state's contribution would be taken either in one lump sum or phased out, so the League also made sure the phase out was included. The IPERS bill section remained unchanged, with both BAC recommended benefits and contribution changes, and the cancer and infectious disease presumption not recommended by the BAC. The League also opposed doctor choice legislation for MFPRSI in HF2382. Several subcommittees were held, and the bill passed out of the House Labor Committee, but was never debated. Economic Developrr~ent lniticrtives The League successfully defended Tax Increment Financing (TIF) and Local Option Sales Tax-TIF (LOST- TIF) this session, and helped shape legislation that otherwise could have severely impacted tax credit programs and TIF. The only change to TIF that passed this session is included in SF2380. Rather than alive-year sunset as suggested by the Governor's Tax Credit Review Panel, the bill requires that all tax credit programs be reviewed by a new Legislative Tax Expenditure Committee on a five-year rotating schedule beginning in 2011. TIF and LOST-TIF will be reviewed in 2012. The League supported a bill, SF2085, which extends the Enterprise Zone program for two more years until June 30, 2012. A separate bill creates an interim committee to study the Enterprise Zone Program. In addition, RIIF appropriations were made for the Community Attraction and Tourism program (CAT) of $12 million, and $4 million for the River Enhancement Attraction and Tourism fund (RECAT) for FY11, to be used to assist cities in the development and creation of multi-purpose attractions or community service facilities. The bill also appropriates $8.45 million for the Main Street program for FY11 and another $5.55 supplemental appropriation for FY10. City Reuenue Options end Property Taxes For city alternative revenue options, hotel/motel tax legislation was introduced this session. HF2531 included provisions permitting an increase in the maximum allowable local hotel and motel tax rate for cities from 7 to 9 percent, but the provisions did not survive. No major overhauls of the property tax system were on the table this year. City In~ras#ructure During the 2009 interim, Governor Culver proposed to divert $50 million from the Road Use Tax Fund (RUTF) to pay for the State Patrol. The League actively opposed this measure. No bills regarding a diversion of RUTF money were filed. Other Tom Issues labor Issues Several major labor bills were introduced this session, but none were debated on the floor. Fair Share bill HS6702 contained changes to Chapter 20, Iowa's collective bargaining law. Under the Fair Share portions of the bill, if the union bargained for it, non-union employees of the state executive branch would have to reimburse the union for bargaining services and/or grievance services. A Prevailing Wage bill HSB699 was also filed, but allowed local governments to opt out on a project- by-project basis. Open Meetings/Open Records The League supported the House version of HF777 passed by the House last year. The Senate, however, stripped out all language from that version and amended it to create a new government agency. This Iowa Public Information Board the League opposed would have had unlimited rulemaking and enforcement powers. The Senate passed their version of HF777, but the House did not take up the bill. The Senate amended its version onto the standings bill, but the House stripped it out on the final day of the legislative session. No major changes to open meetings were passed. In the wake of the Iowa State Association of School Boards financial scandal and subsequent Government Oversight meetings during session, an amendment created an interim study committee to examine whether other non-profits funded by public dollars should be covered by open meetings/records. In addition to these topics, the League supported several other key pieces of city legislation: Cable Franchise SF2324 addresses several issues that have arisen in response to the implementation of the statewide cable franchise law passed in 2007. fivisance Properties and Tax Sale SF434, a bill the League worked on for two years, will help cities abate nuisance properties by stopping the merry-go-round effect of continual sale and resale of nuisance properties. See Appendix A for more details. Nuisance bars HF788 requires bar owners to take more control over preventing or reporting criminal activity on the liquor- licensed premises, including areas such as parking lots. arixcrntni Property Regimes League sponsored SF2264 to close a loophole in the Iowa Code that allowed horizontal property regimes to avoid the requirements that the city approve subdivisions in the two-mile area outside its limits. City Delat Collectian SF2383 contains League-supported provisions allowing cities to hire private debt collection agencies to collect delinquent debt, and allows cities to recover up to 25 percent of the cost of the balance of the judgment to be paid to cover the costs of the debt collection. Civil Service/Collective bargaining HF2485-Public Employee Collective Bargaining Makes various technical changes to Chapter 20. Removes fact-finding from required services provided by Public Employee Relations Board. Various sections, Chapter 20. SF2350-Civil Service Commissioner Contracts Makes changes to civil service commission conflict laws. Allows a commissioner to engage in contracts or activities with or for the city for which they are a commissioner if the contract, sale or job is awarded by competitive bid in writing, publicly invited and opened. Section 400.2. Editor's Note: See also Sections 107 and 108 of the Standing Appropriations bill on page 11 for additional collective bargaining changes to impasse procedures for rural water districts and certain 28Es. Debt Collectian SF2383-Debt Collection Allows cities that hire private debt collection agencies to charge a collection fee of up to 25 percent of the balance of delinquent judgment debts. "Judgment debt" is defined as any criminal penalty, personal judgment for a civil penalty, or personal or in rem CJ ~,l C judgment for the costs of abating a nuisance or other violation, owing to a city in any proceeding brought as a municipal infraction, a civil nuisance proceeding, or a criminal proceeding for a misdemeanor violation under a city ordinance. Judgment debt is deemed delinquent if it is not paid within 30 days after the court assesses it. Various sections, including new Section 364.228. Disaster Rebuilding and Recovery HF2422-Disaster Case Management Requires the Rebuild Iowa Office to establish a statewide system for disaster case management in collaboration with a list of public and private partners. Specifies the case management system would be activated following the Governor's proclamation of a disaster emergency or a Presidential declaration of a major disaster. New Section 29C.208. Editor's Note: See also {Zages 10-11 for other provisions related to Disaster Rebuilding Recovery. Elections SF2194-Voter Registration and Election Laws Clarifies several technical issues related to ballots. Provides that when there has been awrite-in candidate for a city office, if the result is a tie vote, lots shall be drawn to determine the winner. Clarifies that if more than one person is the next highest vote-getter, lots shall be drawn to determine the person who received the next highest number of votes. Sections 49.30, 376.7 and 376.11; technical amendments to various other sections. Various effective dates. SF2196-Election Law Changes Makes changes to the policy administration of the election laws by the Secretary of State. Provides that a city may revise its precinct boundaries if there are revisions to the city's population data certified by the United States Census Bureau. If such revised population data affects the population equality of supervisor districts, directs the temporary county redistricting commission be reconvened to revise the boundaries of those districts. Authorizes the county commissioner of elections, when appointing an election board panel for nonpartisan elections to give preference to persons identified by a city or school district as willing to serve without pay, and allows any city to notify the county commissioner of elections of persons in the city willing to serve on precinct election boards at a city election without pay. Various sections in Chapter 49 and various other sections. Various effective dates. Ethics and Campaign Finance HF2109-Ethics Complaints Against Lobbyists and Lobbyists' Clients; Reporting Requires event sponsors file a registration with the General Assembly and with the Ethics and Campaign Disclosure Board prior to events held during the legislative session to which every member of the General Assembly has been invited. A total expenditure report is also required within 28 days of the event's completion. Provides that a lobbyist's client is now only required to report to the General Assembly and to the Board the single total amount paid, including salaries, fees, retainers and reimbursement of expenses, to a lobbyist for lobbying both the General Assembly and the Executive Branch. Eliminates lobbyist reporting requirement for lobbyists employed by a city. Sections 688.22, 6B.31, 68.36 and 68.38, and various other sections of Chapter 688. Effective February 10, 2010. SF2067-Iowa Ethics and Campaign Disclosure Board Authority Allows the Ethics and Campaign Disclosure Board to initiate actions and conduct hearings relating to campaign and lobbying reporting requirements, impose sanctions and order administrative resolutions Provides that the Board shall adopt rules providing for the imposition of penalties, or refer for prosecution, persons who provide false information to the Board during an investigation of a potential violation of Chapter 688. Section 688.32A. Effective March 19, 2010. SF2128-Federal and Out-of-State Campaign Committees Requires federal and out-of-state committees, not organized as a political committee or a candidate committee, to disclose each contribution in excess of $50 to the Ethics and Campaign Disclosure Board. Requires that any candidate or committee involved in a city election, that accepts monetary or in- kind contributions, incurs indebtedness or makes expenditures in excess of $2,000, must file required campaign reports in electronic format via the Ethics and Campaign Disclosure Board Web site. New Section 68A.201 A. SF2195-Campaign Finance Law Technical Amendments Current law provides that a candidate's committee of a candidate for city office shall, with respect to a runoff election, file a campaign finance report five days before the runoff election. Amends the provision to require the filing of the report only by a candidate who is eligible to participate in the runoff election. Amends the law to require that a group advocating that a person should run for office, before that person has not announced that he/she is going to be a candidate, to form a committee and file campaign reports. Sections 68A.102 and 68A.402, and various other Sections of Chapter 68A. SF2354-Campaign Finance: "Independent Expenditures" by Entities Other Than Individuals Applies to all candidates and ballot propositions, including those in city elections. Requires a person making an in-kind contribution to a campaign committee to report the fair market value of the in-kind contribution to the committee. Requires the committee to report the value of each in-kind contribution at the time it is received. Prohibits entities (e.g. a corporation, labor union, etc.) from making an "independent expenditure" on behalf of a candidate without authorization of a majority of the entity's organizational leadership body. Amends provisions relating to the filing of independent expenditure statements. Requires television, motion picture and video campaign advertising to include a "paid for by" attribution statement clearly visible for at least 4 seconds. Open MeetinslOpen Records SF2376-Review of Open Meetings/Records Requirements for Associations Supported by Public Funds Subjects Iowa Association of School Boards to Chapters 21 and 22 relating to open meetings and public records. Requests an interim study committee to examine applying the open meetings and open records laws to nonprofit organizations that are supported in whole or in part with public funds or revenues derived from public fees, that were established by, or are operated by, governing boards whose memberships were or are substantially comprised of state or local elected officials or appointees of governmental bodies. Committee report to the Legislature due by December 15, 2010. Various sections including Sections 279.38 and 279.38A. Pensions HF2518-Pension Systems (MFPRSI and IPERS) MFPRSI: Phases out the state contribution over two years, with appropriations at $1.5 million for FY11 and $750,000 for FY12. Directs the MFPRSI Board of Trustees to report to the General Assembly regarding a comprehensive examination of the benefits and finances provided under Chapter 411, including the long-term financing and benefits policy of the system, with the goal of making recommendations for benefits and other statutory changes to the system. The report is due January 10, 2011. I R :Makes changes beginning July 1, 2012 to benefits not yet earned for regular members including increasing time to vest from 5 to 7 years, changing average wage used in benefits calculations from high 3 to high 5 years, and reducing benefits for those who retire early. Gives protected class members cancer and infectious disease presumption. Raises the limit on how much contribution rates for regular class members can be changed by IPERS each year, without legislative approval, from .5 to 1.0 percent, beginning )uly 1, 2012. Removes .5 percent restriction on rate increases slated to go into effect July 1, 2011 for protected classes, to allow rates to continue to change on an as- needed basis. Increases contribution rates for regular class from 11.95 percent to 13.45 percent on July 1, 2011, with employers paying 60 percent and employees paying 40 percent of that rate. Various sections. Various effective dates. Property HF2376-Voluntary Annexation Allows a real property owner, or contiguous property owners, within the boundaries of a city to file a petition for severance with the city council if the petitioner's real property would be Administration, con't eligible for annexation by a different city if severed, and if the annexation does not create an island. Requires petition to be filed with both cities. Provides that if both cities approve the petition, it is then filed with City Development Board. Approval may be conditioned on agreement re transition or sharing of taxes. Section 368.25A. HF2437-Sewage Disposal System Inspections Exempts additional types of property ownership transfers from the sewage disposal system inspection requirement (e.g. transfer for demolition, transfer involving system less than 2 years old, transfer in a partition proceeding, transfer pursuant to tax sale). Specifies that state law preempts any city or county ordinance related to the inspection of private sewage disposal systems in association with the transfer of ownership of a building. Renames the statement to be submitted with a declaration of value required to be submitted to the county recorder under Chapter 428A as ~~groundwater hazard statement." Specifies that statement regarding the presence of a sewage disposal system inspection must be included in the groundwater hazard statement. Sections 4558.172, 558.69, and 558A.1. Editor's Note: Currently, a building where a person resides, congregates or is employed that is served by a private sewage disposal system must have the sewage disposal system serving the building inspected prior to any transfer of ownership of the building. SF434-Nuisance Properties and Tax Sale Makes changes relating to nuisance properties and tax sale of nuisance properties. Requires indexing of municipal citations and petitions affecting nuisance properties. Requires the county treasurer to withhold nuisance properties from tax sale. Various sections. Editor's Note: For more information on this bill, please see Apoendix A on page 12. SF2264-Horizontal Property Regimes Provides that horizontal property regimes organized under Code chapter 4996 which are being developed within a city's two-mile jurisdictional area are considered to be a subdivision and as such are subject to city review and approval. Sections 354.9 and 4998.3. C_J ~,l Utilifiies SF2297-Military Benefits Requires political subdivisions to rent facilities for a fee not in excess of any expenses incurred by the political subdivision for designated military events. If informed that a head of the household has been deployed for military service, electric and gas utilities are prohibited from disconnecting service within 90 days of the end of the deployment. Provides a variety of benefits for deployed members of the military. Various new sections. SF2313-joint Financing Clarifies provisions related to 2001 legislation which allowed municipal gas and electric utilities to work together to jointly finance new generation and transmission facilities. Allows a municipal electric utility to join an existing joint action agency without holding an election to do so. Strengthens bonding ability and allows a new joint action agency to work with a private entity without going through the competitive bidding process. Section 12C.1 and various sections, new Section 390.9. SF2324-Cable Franchise Makes changes to cable franchise law passed in 2007 to tighten requirements for franchise applicants. Requires a person seeking a certificate of franchise authority from the Iowa Utilities Board (IUB) to provide notice to impacted cities. Requires applicant provide (1) documentation that the applicant possesses sufficient managerial, technical and financial capability to provide the proposed cable service or video service; (2) copies of advertisements or news releases announcing the applicant's intent to provide the proposed service; and (3) a schedule of dates by which the applicant intends to commence operation in each municipality proposed to be served. Prohibits the IUB from issuing a franchise certificate unless it finds that applicant meets all requirements. Extends period for issuing a franchise certificate from 15 to 30 days, allows the IUB to extend that period to 60 days if additional information will be required to support findings, and allows IUB to assess its costs to applicant in certain circumstances. Gives IUB authority to revoke a franchise certificate if service is not provided within 12 months or if construction or operation of a new system is suspended. In situations where incumbent provider opts-out of its city franchise upon issuance of a franchise certificate to a competitive provider and the IUB subsequently revokes the competitive provider's franchise certificate, the bill requires that if the incumbent's city franchise agreement would have remained in effect for at least sixty days prior to expiration, it must be reinstated for its remaining term. Various sections, Chapter 477A. Effective April 12, 2010. ~ SF2373-Utility Replacement Tax Extends Utility Replacement Tax Task Force, of which the League is a member, to 2013. Clarifies the treatment of new cogeneration facilities by distinguishing which portion of the new facility is subject to the utility replacement tax versus local llefarans HF2197-Veterans Day Holiday Requires employers to give veterans, as defined under Section 35.1, paid or unpaid holiday time off for Veterans Day, November 11. New Section 91A.SA. HF2321-Veterans in ]ails and Municipal Holding Facilities Directs personnel of a jail or municipal holding facility to inquire whether the prisoner is a veteran, and if so, inform the prisoner, within 24 hours of incarceration, that the prisoner may be entitled to a visit from a veteran service officer. Requires that, within 72 hours of determining a prisoner is a veteran, the personnel of a jail or municipal holding facility shall also provide the prisoner with the contact information for the county commission of veteran affairs of the county where the jail or facility is located, and the prisoner shall be allowed to contact the county commission of veteran affairs to request a visit from a veteran service officer. New Section 356.6A. `"± -tus SF2202-Rights of Persons with Disabilities Amends Iowa laws relating to persons with disabilities to make them consistent with the federal Americans with Disabilities Act. Extends the application of the numerous provisions of the Code from persons with "physical disabilities" to persons with "disabilities." Although the new law does not define or clarify what is a "disability," it is anticipated that guidance on what constitutes a disability will be derived from federal law, regulation and case law. Clarifies current law to require the installation of curb ramps and sloped areas at each intersection if a sidewalk, path, street, road or highway is `newly built or reconstructed." Amends current law to require that curb ramps or sloped areas be constructed or installed in compliance with applicable requirements adopted in accordance with the federal Americans With Disabilities Act, including but not limited to guidelines of the Federal Architectural and Transportation Barriers Compliance Board. Sections 2168.3, 216C.2 - 216C.4, 216. C.9 - 216.C.11, 414.30. See also Section 43 of HF2531 (Standings Bill) amending SF 2202, Sec. 7, amending Section 216C.9. HF2370-Enterprise Zones Extends the Enterprise Zone Program to FY12. Sections 1 SE.192 and 15E.194. HF2487-Recovery Zone Bonds Requires the Iowa Finance Authority (IFA) to recapture waived portions of the recovery zone bond allocation designated for each county and large municipality under the federal American Recovery and Reinvestment Act of 2009. New Section 16.171. Effective April 7, 2010. Editor's Note: A county or large municipality may, at any time prior to July 1, 2010, waive all or a portion of its recovery zone bond allocation. Any portion of a county or large municipality's recovery zone bond allocation unused on July 1, 2010, is deemed waived. Applications for recovery zone bonds are available at the IFA Web site: httn://// www iowafinanceauthorit~aov/en/economic development/recovery zone bonds/ SF2380-Tax Credit Incentive Program Changes Creates a Legislative Tax Expenditure Committee comprised of ten members of the General Assembly to review tax incentive programs. Develops alive-year rotating schedule of review of all tax expenditures including TIF and LOST-TIF. Creates an interim study committee to evaluate the Enterprise Zone program. Lowers the cap for Historic Preservation Tax Credits from $50 million to $45 million beginning in 2013. Makes additional changes to tax incentive programs. Various sections. Various effective dates. Editor's Note: For other economic development appropriations, see 2aggs 10-i1 of this report. Public Health, Safety & Welfare Criainal and Civil Violaiions HF788-Nuisance Bars and Alcohol Violations for Minors Strengthens prohibitions for club owners against knowingly permitting or engaging in any criminal activity on the liquor-licensed premises by extending prohibition to specifically include areas such as parking lots and areas adjacent to the premises. Changes law enforcement process for minors who violate Section 123.46 on consumption or intoxication in public places. Various sections including Section 123.49. HF2280-Puppy Mills Defines "commercial establishment" for purposes of regulation of large kennels by the Department of Agriculture and Land Stewardship. Specifies state regulation and licensing of commercial kennels. Establishes processes for persons to file complaints and for inspections. Establishes civil and criminal penalties for violations. Various sections and new sections in Chapter 162. Effective March 9, 2010. HF2456-Text Message Ban Preempts city and county ordinances regarding the use of an electronic communication device by a motor vehicle operator. Restricts adult drivers from reading, writing and sending text messages while driving. Restricts teens with graduated driver's licenses from all use of cell phones and other electronic devices while driving. Provides an exemption for a member of a public safety agency as defined in Section 34.1, performing official duties. Provides that the law is only enforceable as a secondary action after a driver has been stopped. For the period beginning July 1, 2010 through June 30, 2011, peace officers shall issue P~~hl~s Hpalth~~-gfgfj~ & Welfare; con=. only warning citations. After June 30, 2011, a violation would be charged as a simple misdemeanor and $30 fine. Various sections and new sections, Chapter 321. HF2473-Criminal Offense to Intentionally Injure, Destroy, Disturb or Remove a Survey Monument Makes it a serious misdemeanor for any person to intentionally injure, destroy, disturb or remove any survey monument (pin) placed on any tract of land, street or highway by a licensed land surveyor, or a geodetic survey monument used to determine spatial location relative to the Iowa state plane coordinate system. Exempts governmental entities and their employees from prosecution for projects where grading will disturb or cover such a monument if the project is done in conformance with Section 314.8 of the Code. Section 716.6. SF2305-Sex Offender Changes Makes changes to sex offender law passed last session. Adds public libraries, schools as defined in section 692A.114, child care facilities and their employees to the list of those immune from liability for acts or omissions arising from a good faith effort to comply with the Chapter. Provides that any conviction for an offense specified in the laws of another jurisdiction or any conviction for an offense prosecuted in federal, military, or foreign court that is comparable to any offense listed in Code Section 692A.101(2) shall be considered an aggravated offense against a minor, making the offender subject to Iowa's sex offender residency restrictions. Clarifies definitions of "sex offense" and "sexually motivated." Provides that a determination of whether a crime is sexually motivated shall be issued in writing and shall be subject to judicial review in accordance with chapter 17A. Various sections including Sections 692A.101-.102. Effective March 26, 2010. Law Enforcaen# HF426-Law Enforcement Driving Records Changes definition of certified law enforcement officer to include reserve peace officers certified through the Iowa Law Enforcement Academy for the purpose of excluding line-of-duty traffic accidents from driving records. Section 321.267A. SF2095-Authority of a Certified Law Enforcement Officer Authorizes all certified law enforcement officers to administer oaths, acknowledge signatures and take CJ de l voluntary testimony. Current law covers only Iowa Department of Public Safety officers. States that the exercise of the authority to administer oaths or acknowledge signatures is not a "notarial act;' therefore each officer is not required to become a "notary" in order to exercise this authority. Sections 9E.6A and 817.3. SF2304-Vehicular Accident Reporting Requirements Increases the amount of property damage in vehicular accidents triggering the need for an accident report from $1,000 to $1,500. Sections 321.266, 321G.10 and 3211.11. Public Neal#h SF2266-Local Public Health Governance Act Revises Chapter 137 to align with the Public Health Modernization Act, codified during the 2009 legislative session in order to ensure legal mechanisms are in place for local boards of health to deliver public health services. Redefines the definition of "city board" to prohibit the formation of future city boards of health, and grandfathers in city boards of health in existence as of July 2010. Makes additional changes to local boards of health. Chapter 137. Public afa#y HF2193-Emergency Medical Service (EMS) Providers and Programs Incorporates the adoption of the National Scope of Practice Model for EMS providers. Requires EMS Bureau within the Iowa Department of Public Health has authority over EMS training programs. Makes technical and conforming changes. Various sections, Chapters 85 and 147A and Other Sections. SF2286-Regulation of Mixed Martial Arts Places the regulation of amateur and professional mixed martial arts matches and events under the authority of the state labor commissioner, subject to same requirements as boxing and wrestling matches. Establishes enforcement procedures for the labor commissioner. Requires competitors to be 18. Various sections including 90A.1, 90A.11 and new Section 90A.12. SF2381-All-Terrain Vehicles (ATV) and Transportation Appropriations Expands the definition of "ATV" to include an off-road utility vehicle, as defined in Code Section 321I.1. Authorizes cities that designate streets within the city limits for the use of registered ATVs to also authorize ATV operators to stop at service stations or convenience stores along a designated street. Requires that persons under 18 be secured by a child restraint or safety restraint when riding in a motor vehicle. Appropriates moneys from the RUTF to the DOT for S)R 2009-Fire Sprinkler Requirements Nullifies portions of an administrative rule adopted by the Iowa Department of Public Safety amending the state building code to require the installation of residential fire sprinkler systems in one and two-family dwellings. Effective March 26, 2010. Editor's Note: Does not affect cities' existing authority to establish by ordinance a requirement for fire sprinkler systems in residential dwellings. eublic Works HF2512-Weight Restrictions on Commercial Motor Vehicles on Non-Interstate Highways Provides an exemption to existing weight restrictions for certain six and seven-axle commercial motor vehicles traveling on non-interstate highways. Extends the weight limits that apply to livestock and construction vehicles to all commercial vehicles of similar size. Requires that a commercial motor vehicle traveling under the relaxed weight restrictions must be operated by a person with a commercial driver's license valid for the vehicle operated, unless the operator is exempt under current law. Section 321.463. Effective April 10, 2010. SF2246-Motor Vehicle Changes States that a local authority is not prohibited from exercising home rule to impose additional or more restrictive regulations or requirements upon the operation of taxicabs or limousines engaged in non- fixed route transportation for hire. Clarifies that the business-trade truck designation applies only to model year 2010 or newer vehicles. Various sections. Environment HF2418-Air Quality Requires Department of Natural Resources (DNR) to convene meetings following adoption of new or revised federal ambient air quality standards to review emission limitations or standards relating to maximum quantities of air contaminants that may be emitted from air sources. Requires DNR to convene meetings to develop recommendations for the establishment of state implementation plans sufficient to control the direct emissions of certain particulate matter and emissions of precursor compounds that contribute to the formation of certain particulate matter and to prevent ambient concentrations from exceeding the federal ambient air quality standards for certain particulate matter. Requires report to General Assembly by January 1, 2011. Section 4558.134. HF2459-Watershed Planning Advisory Council Creates 20-member Watershed Planning Advisory Council with League representation to review research and make recommendations to various state entities regarding methods to protect water resources in the state, assure an adequate supply of water, mitigate and prevent floods, and coordinate the management of those resources in a sustainable, fiscally responsible and environmentally responsible manner. Requires a watershed demonstration pilot project. Authorizes the creation and operation of 28E watershed management authorities. Various new sections, Chapter 4668. HF2496-Recycling Task Force Creates the Green Advisory Committee with League representation, and the Green Certification Program. Directs the Committee to make recommendations for development and implementation of a recycling vendor and resource green list, and provides the list will be available statewide. Directs the Committee to make recommendations to DNR for development and implementation of an ongoing, statewide communication and outreach educational resource program for all sectors of recycling, to educate consumers regarding currently available programs, promote the usage of recycling programs and initiatives, and educate and market programs in development. New Section 455D.51. SF2243-DNR Requirements Requires DNR to coordinate the data collection with the United States Environmental Protection Agency upon the enactment of a federal mandatory greenhouse gas emission reporting rule. Allows the DNR to apply for a loan for the construction of facilities for the supply, treatment and distribution of drinking water, in addition to waste water projects, under the state water pollution control works and drinking water facilities financing program. Sections 4558.152, 4558.851, 456A.17. Various effective dates. SF2248-NPDES Permits Provides a substitute procedure for appeal when an NPDES permit has been denied by the director of the DNR. In lieu of an Environmental Protection Commission hearing,. the person may initiate a contested case proceeding under Code chapter 17A which must be heard by an administrative law judge. Provides that NPDES permit requirements for concentrated animal feeding operations cannot be more stringent than federal law. Section 4558.174. SF2310-Natural Resources and Outdoor Recreation Trust Fund Establishes intent to implement a proposed amendment to the State Constitution by creating the natural resources and outdoor recreation trust fund and establishes and appropriates any future tax revenue for various natural resources related purposes. Editor's Note: This act will only be implemented on January 1, 2011, if the proposed Constitutional amendment is ratified at the November 2010 general election. If the amendment passes, no revenue would be credited to the fund until the tax rate for the state sales tax is increased. SF2389-Rebuild Iowa Infrastructure Fund (RIIF) Section 1.7. Appropriates $2 million to DNR for its flood plain program, up to $400,000 of which can be used for stream gages to track and predict flood events and for compiling necessary data relating to flood frequency analysis. Section 1.11.b. Appropriates $1.3 million for the Iowa Flood Center at University of Iowa. Section 6.5. Appropriates $4 million for the Des Moines Area Regional Transit Authority for construction of a regional transit hub for economic development purposes and for providing public transportation. Section 6.6. Appropriates $7 million for implementation of lake projects that have established watershed improvement initiatives and community support in accordance with DNR's annual lake restoration plan and report, and specifies projects to use $2.35 million. Section 6.9. Appropriates $2 million for IFA's Housing Trust Fund grants. Division IV. Creates the I-Jobs II program and allocates I-Jobs money. Editor's Note: See Apoendix CC for more information on I-Jobs II. Section 10.2.a. Appropriates $12 million for the Community Attraction and Tourism fund to assist communities in the development and creation of multiple purpose attractions or community service facilities for public use. Section 10.2.6. Appropriates $4 million for the River Enhancement Community Attraction and Tourism fund to assist communities in the development and creation of multiple purpose attractions or community service facilities for public use. Section 10.2. d. Appropriates $8.45 million for the Main Street Iowa program for FY11 to be used as grants for projects that have previously applied for funding consideration, or have received partial funding for fagade master plans to rehabilitate storefronts in Main Street Iowa districts, to complete streetscape projects where planning and the majority of funding is already secured, for unfunded Main Street challenge grant projects, and for other building rehabilitation projects that are currently on the Department of Economic Development's (IDED) highest priority list. Editor's te: See Section 68 for FYZO supplemental appropriation. w ~_~ ~l Section 10.4.a. Appropriates $30.9 million to the I-Jobs Board for specific disaster relief and mitigation renovation and construction projects in cities and counties. Section 10.4. b. Appropriates an additional $30 million to the I-Jobs Board for a disaster prevention program for grants for cities and counties that apply smart planning principles and guidelines pursuant to Sections 186.1 and 186.2, as enacted in Division VII of the bill. Editor's Note: See ADOendix CC for more information on I-Jobs II. Division VII. Establishes smart planning principles and guidelines for state agencies, local governments and other public entities to consider when doing planning, zoning and development. Creates a Smart Planning Task Force, and requires the task force to make a report to the Legislature by November 15, 2010. Editor's Note: See ADDendix B for more information on Smart Planning. Section 46. Requires the DNR to enter into a $10 million contract with the University of Iowa Flood Center for the development of new flood plain maps by June 30, 2014. The money reallocates an appropriation made to the Department of Economic Development from CDBG funds awarded to the state. Section 64. Appropriates $13.5 million to DNR for watershed rebuilding and water quality projects. This money may be awarded as grants. Section 68. Appropriates $5.55 million in supplemental funding for FY10 to IDED to be used as grants for projects that have previously applied for funding consideration, or have received partial funding for facade master plans to rehabilitate storefronts in Main Street Iowa districts, to complete streetscape projects where planning and the majority of funding is already secured, for unfunded Main Street Challenge Grant projects, and for other building rehabilitation projects that are currently on the department's highest priority list. Section 70. Appropriates $1 million to IDED for historical site preservation grants to be used for the restoration, preservation and development of historic sites. Sets aside $20,000 to be used for administration and to hire seasonal workers to maintain historic sites. Section 79. Authorizes the State Treasurer, on or after April 1, to issue $150 million in bonds for the I-Jobs II program. Section 87. Requires IFA to collect data on all approved I-Jobs projects. Requires IFA to report quarterly to the Governor and the General Assembly. Specifies the contents of the report. Section 88. Creates the I-Jobs II grant program for disaster prevention to be overseen by the I-Jobs Board. Specifies goals of the program are to assist in the development and completion of public construction projects relating to disaster prevention, including but not limited to, the construction of, or replacement or reconstruction of local public buildings in a manner that mitigates damages from future disasters, including flooding. Requires grant applicants to meet threshold smart planning requirements. Sets other application criteria. Editor's Note: See oendix C for more information on I-Jobs II. Section 90. Requires governmental entities to ensure a sufficient number of paper copies of the project's contract documents, including drawings, plans, specifications, and estimated total project cost, are made available for distribution at no charge to prospective bidders, subcontractor bidders suppliers and contractor plan room services. Provides that if a deposit is required as part of a paper contract documents distribution policy by the public owner, the deposit shall not exceed $250 per set, which must be refunded upon return of the documents within 14 days after the award of the project. Provides that if documents are not returned in a timely manner and in a reusable condition, the deposit shall be forfeited. Requires the governmental entity to reimburse the landscape architect, architect or professional engineer for the actual costs of preparation and distribution of plans and specifications. Section 91. Requires the cities and other public entities to make agood-faith effort, when issuing bonds, to utilize minority-owned and female-owned businesses for attorneys, accountants, financial advisors, banks underwriters, insurers and other occupations necessary to carry out the issuance of bonds. Defines female- owned business and minority-owned business. tandina Aaaroariations (Standinas Bi HF2531-Standing Appropriations (Standings Bill) Section 8. Funds reimbursements for property tax credits including the homestead and military service credits. Editor's Note: The homestead property tax credits were funded at slightly lower levels than last year. The homestead credit has not been fully funded since 2001, but cities are held harmless for the underfunded amount. Section 96. Restricts the State Historic Preservation Office from being more restrictive than the federal National Historic Preservation Act. Section 105. Creates a new Workforce Housing Assistance Grant Fund under the authority of IFA. Provides that any moneys in the fund are to be used for grants for projects that create workforce housing or for projects that include adaptive reuse of buildings for workforce housing. Defines 'workforce housing" as housing that is affordable for a household whose income does not exceed 120 percent of the median income for the area. Sets out criteria for projects that will receive priority. No money has been appropriated to the fund. Sections 107 and 108. Provides that parties who by agreement are utilizing a cooperative alternative bargaining process shall agree upon a method and schedule for the completion of impasse procedures should they fail to reach a collective bargaining agreement. If a public employer is not subject to the budget certification requirements of Code Section 24.17, an agreement with public employees must provide for implementation of impasse procedures no later than 120 days prior to the commencement date of the next fiscal or budget year. Allows for the use of mediation. Section 122. Removes registration requirement for any trailer used exclusively for the transportation, display and distribution of flags honoring deceased veterans in parades or ceremonies held on Memorial Day, Veterans Day or other patriotic occasions as authorized by resolution of the local government of the community where the parade or ceremony takes place. Provides these trailers only be used on city streets or secondary roads on the day of a parade or ceremony specified in the local government's resolution, and a copy of the resolution shall be carried at all times in the vehicle pulling the trailer. Section 128. Directs the Watershed Coordinating Council to encourage and support the formation of a chapter of the Association of State Flood Plain Managers in Iowa. Section 143. Prohibits a person operating a motor vehicle from steering the motor vehicle unreasonably close to or toward a person riding a bicycle on a highway, including the roadway or the shoulder adjacent to the roadway. Prohibits a person from knowingly projecting any object or substance at or against a person riding a bicycle on a highway. Puts misdemeanor penalties and fines in place for violations. Division XV. Makes changes to the underground storage tank fund and procedures for clean-up of hazardous spills. Allows public works utilities, in addition to governmental subdivisions, to be reimbursed for reasonable expenses incurred for sampling, treating, handling or disposing of petroleum-contaminated soil and groundwater encountered in public rights of way during installation, maintenance or repair of a utility or public improvement. Aaaendix A: Nuisance Properties & Tax Sale Many cities have problems with nuisance properties that are in an extremely dilapidated condition. These create health and safety problems for the owners of abutting properties and have a blighting influence on the use and value of neighboring properties. Cities often charge health and safety municipal citations to nuisance properties, bring abatement proceedings, or proceedings to obtain title to abandoned nuisance properties, only to have the property owner intentionally convey the property to a third party to thwart the city's effort to require the property owner to abate the nuisance or to impose the costs of abatement on the property owner. The third-party buyer may or may not know the property's condition. SF434 helps cities abate nuisance properties and protects innocent buyers from unwittingly purchasing a nuisance property directly or at tax sale by giving cities new options and tools. Cities already have the authority under Section 364.22 and under Chapter 657 of the Code to seek the abatement of such nuisances, or to seek title to abandoned nuisance properties under Section 657A.10A. How SF434 affects existing law: • When a city files a nuisance petition with the district court against property under Chapter 657 or a city files a petition with the district court under Section 657A.10A to take title to an abandoned nuisance property, the city must file the petition, including a legal description of the property, with the court and the county treasurer. • The clerk of court must index abatement proceedings under Chapter 657, or proceedings to obtain title to abandoned nuisance properties under Section 657A.10A, on the lis pendens list. • If a municipal infraction citation under Section 364.22 filed against a nuisance property charges a building code violation, a local housing regulation violation, a housing code violation, or a public health or safety violation and has the property description attached, the clerk of court must index the action on the lis pendens list. • In each case, the county treasurer is also required to withhold the property from tax sale, until the judgment of the court is satisfied or until the action is dismissed. Putting nuisance actions on the lis pendens list puts any potential innocent purchasers on notice that the Yr! ~l property is subject to a nuisance action, thus allowing them to avoid buying it. This will also help prevent a property owner from intentionally conveying the property subject to a nuisance action to a third person to frustrate the nuisance action. If the property has already been sold at tax sale and the city proceeds with a nuisance action, the bill provides that the tax sale certificate holder will be made whole by the cancellation of the tax sale certificate. In the case of municipal infractions against the property, this bill also helps the city ensure the property owner abates the nuisance, by lessening likelihood of sale to a third party and by prohibiting tax sale until the nuisance is abated by the current owner. :.. Q. ~..,n.f DInnN: These provisions began as stand-alone bills and after many changes, were finally amended onto and passed as part of SF2389-the RIIF bill. The bill lays out ten smart planning principles and additional guidelines for implementation for State agencies, local governments and other public entities that they shall consider and may apply during deliberation of all appropriate planning, zoning, development and resource management decisions. Cities are encouraged to use the principles and guidance, which aim toward a regional planning perspective. The smart planning principles for planning, zoning, development and resource managment are: 1. Col/aboration. The lead agency is encouraged to develop and implement a strategy to involve governmental, community and individual stakeholders, including those outside the jurisdiction of the entity, during deliberation of planning, zoning, development and resource management decisions and during implementation of such decisions. 2. Efficiency, transparency and consistency. Provide efficient, transparent and consistent outcomes. Individuals, communities, regions, and governmental entities should share in the responsibility to promote the equitable distribution of development benefits and costs. 3. Clean, renewable and efficient energy. Promote clean and renewable energy use and increased energy efficiency. 4. Occupational diversity. Promote increased diversity of employment and business opportunities, access to education and training, expand entrepreneurial opportunities, and siting of businesses near existing housing, infrastructure and transportation. 5. Revitalization. Facilitate the revitalization of established town centers and neighborhoods by promoting development that conserves land, protects historic resources, promotes pedestrian accessibility and integrates different uses of property. Remediation and reuse of existing sites, structures and infrastructure is preferred over new construction in undeveloped areas. 6. Housing diversity. Encourage diversity in the types of available housing, support the rehabilitation of existing housing and promote the location of housing near public transportation and employment centers. 7. Community character. Promote activities and development that are consistent with the character and architectural style of the community and should respond to local values regarding the physical character of the community. 8. Natural resources and agricultural protection. Emphasize protection, preservation and restoration of natural resources, agricultural land, and cultural and historic landscapes, and should increase the availability of open spaces and recreational facilities. 9. Sustainable design. Promote developments, buildings and infrastructure that utilize sustainable design and construction standards and conserve natural resources by reducing waste and pollution through efficient use of land, energy, water, air and materials. 10. Transportation diversity. Promote expanded transportation options for residents of the community. Consideration should be given to transportation options that maximize mobility, reduce congestion, conserve fuel and improve air quality. An additional requirement in the legislation states, "A municipality's comprehensive plan developed using the guidelines under this section shall address prevention and mitigation of, response to, and recovery from a catastrophic flood." Provisions in the legislation also establish an Iowa Smart Planning Task Force. The task force will be made up of 29 voting and 4non-voting legislator members, including a League designee. Other members will include 14 state agency directors, utilities, schools, counties and COGS. The legislation requires the task force to meet at least four times before November 15, 2010, and report recommendations to the Governor and the General Assembly. The Task Force will dissolve December 31, 2012. The Task Force is charged with many duties including: • Evaluate state policies, programs, statutes and rules to determine whether they should be revised to integrate the Iowa smart planning principles by consulting with land use experts, representatives of cities and counties, agricultural and environmental interests, urban and regional planning experts, reports or information from the Local Government Innovation Commission. • Develop statewide goals for comprehensive planning that utilize the Iowa smart planning principles and develop recommendations for a process to measure progress toward achieving those goals. • Develop a model for regional comprehensive planning within the state and recommend partnerships between state agencies, local governments, educational institutions, and research facilities. • Review municipal comprehensive plans to determine the number of plans that address natural hazards and the adequacy of plans in addressing those hazards. Appendix C: I-Jobs II Last session, the General Assembly passed into law an $830 million I-Jobs program, and this session another $150 million in I-Jobs state bonding money was included in the RIIF bill. The program, known as I-Jobs II, makes specific allocations for certain city projects, and sets aside $30 million dollars to be given out to cities and counties across the state for flood prevention infrastructure projects. The $30 million dollar grant program will be administered by the I-Jobs Board, which oversaw similar grants last year. The $30 million will go to assist in the development and completion of public construction projects relating to disaster prevention including but not limited to the construction of, or the replacement or reconstruction of, local public buildings in a manner that mitigates damages from future disasters, including flooding. A city or county applying for these grants will have to demonstrate they have or will apply the state's new smart planning principles and guidelines (See Appendix B). The project must be a public construction project with a demonstrated substantial local, regional or statewide economic impact and must have demonstrated local support. In addition, the money must be distributed by the Board in a geographically diverse manner across the state, and any award must be limited to up to ninety percent of the total cost of the project. Rules may also include a cap on the total award amount going to each applicant. When evaluating projects, the I-Jobs Board must take into account equally- weighted scoring criteria laid out in the legislation: • The total number and quality of jobs to be created and the benefits likely to accrue to areas distressed by high unemployment. • Financial feasibility, including the ability of projects to fund depreciation costs or replacement reserves, and the availability of other federal, state, local and private sources of funds. • Sustainability and energy efficiency. • Benefits for disaster prevention. •The project's readiness to proceed. • Evaluate and develop incentives to conduct local and regional comprehensive planning, including but not For more information on the I-Jobs grants and limited to state financial and technical assistance. applications, visit: http_//www.ijobsiowa.aov/. , ~ ~ ~ f :t - 1 L ~'~ ~Yy rl ~: `~ - .& h HF426-Law Enforcement Driving Records .................... 8 HF788-Nuisance Bars and Alcohol Violations for Minors... ? HF2109-Ethics Complaints Against Lobbyists and Lobbyists' Clients; Reporting ............................ 4 HF2193-Emergency Medical Service Providers and Programs .................................................... 8 HF2197-Veterans Day Holiday ................................. 7 HF2280-PUPPY Mills .............................................. 7 HF2321-Veterans in Jails & Municipal Holding Facilities... ? HF2370-Enterprise Zones ....................................... 7 HF2376-Voluntary Annexation ................................. 5 HF2418-Air Quality ............................................... 9 HF2422-Disaster Case Management .......................... 4 HF2437-Sewage Disposal System Inspections .............. 6 HF2456-Text Message Ban ...................................... 7 HF2459-Watershed Planning Advisory Council .............. 9 HF2473-Criminal Offense to Intentionally Injure, Destroy, Disturb or Remove a Survey Monument... 8 HF2485-Public Employee Collective Bargaining ............. 4 HF2487-Recovery Zone Bonds ................................. 7 jjF2496-Recycling Task Force ................................... 9 HF2512-Weight Restrictions on Commercial Motor Vehicles on Non-Interstate Highways ................. 9 HF2518-Pension Systems (MFPRSI & IPERS) ............... 5 HF2531-Standing Appropriations ............................ 11 SF434-Nuisance Properties and Tax Sale ................6,12 SF2067-Iowa Ethics & Campaign Disclosure Board Authority .................................................... 5 SF2095-Authority of a Certified Law Enforcement Officer ....................................................... 8 SF2128-Federal & Out-of-State Campaign Committees... 5 SF2194-Voter Registration & Election Laws .................. 4 SF2195-Campaign Finance Law Technical Amendments .. 5 SF2196-Election Law Changes ................................. 4 SF2202-Rights of Persons with Disabilities .................. 7 SF2243-DNR Requirements ..................................... 9 SF2246-Motor Vehicle Changes ................................ 9 SF2248-NPDES Permits .......................................... 9 SF X64-Horizontal Property Regimes ......................... 6 SF2266-Local Public Health Governance Act ................ 8 SF2286-Regulation of Mixed Martial Arts ..................... 8 SF2297-Military Benefits ........................................ 6 SF2304-Vehicular Accident Reporting Requirements....... 8 SF2305-Sex Offender Changes ................................. 8 SF2310-Natural Resources and Outdoor Recreation Trust Fund .................................... 9 SF2313-Joint Financing .......................................... 6 SF2324-Cable Franchise .........................................6 SF2350-Civil Service Commissioner Contracts ..............4 SF2354-Campaign Finance: "Independent Expenditures" by Entities Other Than Individuals ..................... 5 SF2373-Utility Replacement Tax ............................... 6 SF2376-Review of Open Meetings/Records Requirements for Associations Supported by Public Funds.......... 5 SF2380-Tax Credit Incentive Program Changes ............ 7 SF2381-ATV & Transportation Appropriations ............... 8 SF2383-Debt Collection ..........................................4 ,$2389-Rebuild Iowa Infrastructure Fund ........10,12,13 S]R2009-Fire Sprinkler Requirements ........................8 r ~~~~= p~~ CITY OF 14WA CITY 1P7 -'- ~~.=. RAI~DUM ~E~D Date: June 9, 2010 To: Dale Helling, Interim City Manager ~ From: Kevin O'Malley, Director of Finance~~~~~ Re: Projects funded by 2010 General Obligation Bond Issue There are several resolutions setting public hearings on the 2010 G. O. bonds for the formal City Council meeting next week and I thought you might want more detail as to the projects that will be funded by these bonds. Attached is a spreadsheet identifying the projects, the amount of funding required, and the Iowa statute denoting the purpose classification. The first resolution setting a public hearing is for the Essential Corporate Purpose Bonds in the amount of $5,405,000. Our bond attorney reviews our projects to determine which purpose they can be issued. The projects that are deemed Essential Corporate purpose by Iowa state code do not have a $700,000 project expense cap and are not subject to reverse referendum. The three remaining resolutions setting public hearings are on General Corporate Purpose Bonds. This classification of bonds restricts the city from issuing more than $700,000 in general obligation bonds per project and subjects the city to a reverse referendum within 30 days of adoption of the resolution. The difference between the project costs and the resolution amounts are for issuance expenses that include bond attorney fees, publications, financial advisor fees, and the underwriter's discount. The total for these expenses are usually under 2% of the total issuance. The resolution directing the advertisement for sale of the bonds and utilizing electronic bidding procedures allows for the receipt of bids over fax and the Internet. Proposed CY2010 General Obligation Bond Issue Amounts Agenda Purpose including Item Account Essential/ Issuance Number Project Description Amount General Costs 3441 Rehab Rnwy7/25&12/30 Intrsection 151,090 E 3803 Lwr Msctn-Kirkwd to 1 stAve 65,678 E 3811 Sycamore-Hwy 6 to CityLimit 1,930,000 E 3814 Traffic Signal Projects 120,000 E 3815 Gilbert St Streetscape 310,000 E 3825 Bowery St Brick Repair 300,000 E 3828 Sidewalk Infill 100,000 E 3834 Burlington/Madison Intersection 290,000 E 3911 Iowa River PowerDam PedBrd Rep 27,500 E 3925 Dodge SUI-80 Pedestrian Bridge 550,000 E 4130 Parks Annual Improvements 162,000 E 4145 Cemetery Resurfacing 50,000 E 4152 Terry Trueblood Recreation Area 606,388 E 4167 City Park-Old Shop Repairs 128,000 E 4168 Cemetery Storage Building 40,000 E 4169 Infant Columbarium and Sculpture 85,000 E 4217 Butler Bridge Pedestrian Trail 82,500 E 4404 Radio System Upgrade & Migration 300,000 E 2. d) 1. 5,298,156 $ 5,405,000 2. d) 2. 4407 Fire Station #4 700,000 G $ 700,000 2. d) 3. 3958 Public Works Fuel Facility 700,000 G $ 700,000 4146 Soccer Park Shelters 38,117 G 4162 Soccer Field Renovation 111,883 G 4323 Recreation Center Elevator Upgrade 70,000 G 4421 Evidence Storage Facility 273,000 G 4704 City Hall -Other Projects 50,000 G 4717 Space Needs Study 80,000 G 2. d) 4. 623,000 $ 665,000 Total Bond Issue $ 7,321,156 $ 7,470,000 ~~®~ C[ T Y O F I O W A CITY ~P8 ~ ~~~~~~~ ~ ESQ DATE: June 9, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Radio Show Scheduling Opportunities We have some openings for the KXIC radio show on the following Wednesday mornings: June 23 June 30 July 7 July 14 July 21 July 28 August 4 Please take a look at your calendars and let me know Monday at your work session. U:scheduling.doc ~~ r ~ ~_._.® ,~ ~m~ ~ . ,~®,.-~ IP9 CITY OF IOWA CITY MEMORANDUM DATE: June 9, 2010 T0: Mayor and City Council FROM: Marian K. Karr, City Clerk ~~ RE: Iowa League of Cities Meeting The 2009 Annual Conference for the League of Cities will be held September 22-24 in Coralville. If you are interested in attending, I will be happy to handle your registration for you. Please let me know as soon as possible. Attachment: Schedule of Events U:Leaguemeeting.doc reason Ito attend three days of quality educa- :ion,packed with nearly 40 Norkshops designed just for ,rou -Iowa's elected and ap- pointed municipal officials. /. ~: L...'4 +:~ -`-;i ~; ~;}; Numerous opportunities to network with other city officials and exhibitors who provide services to local government. Register and learn more online at Workshops and schedules may change before the September conference. For complete and updated information, visit www.iowaleague.org regularly. i 8 a.m. - 7:30 p.m. . ., Tentatively scheduled for 9 -11:30 a.m. The cities of Iowa often join together. We rely upon one an- other to help strengthen our communities; collaboration helps each of us grow and thrive.This year, participate in a service project in the city of CoralviNe. More details about this opportunity will be available via email and at www.iowaleague.org closer to the event. Best Ball Golf Tournament 10 a.m. - 4 p.m. Get on the greens at Coralville's Brown Deer Golf CIub.The $65 registration fee includes green fees for 18 holes of golf, a shared cart and lunch. Prizes will be given to winners in each flight.Shotgun start begins at 10 a.m.with lunch on the course. 1:30 - 4:30 p.m. Leading in Tough Times Sometimes during difficult political and financial times, leaders can lose sight of the direction a city is headed.This session will outline how local government leaders can work strategically to make community improvements.The ses- sion will provide several strategies and examples that your mayor, council and city employees can use to reach work- able solutions to difficult problems. Economic Development: Everything but the Kitchen Sink One of the challenges any city faces is completing success- fuleconomic development projects. Learn many ways your city can encourage and enhance economic growth efforts in the community, including tax increment financing tax abatement,which state programs can provide assistance and more. Note: Workshops and schedules may change slightly before The September conference. ~` ~a' Down and Dirty with Environmental Regulations This presentation will feature a comprehensive discussion on three environmental topics important to city officials: flood issues, water regulations and air pollution.A panel of city and state officials will provide information on laws to follow as well as best practices for cities to use when work- ing on environmental projects. -f :='d .: a.=:~ ttr~cntatrEOra 5-6p.m. First time attendees and MLA graduates are invited to get to know each other and hear a short program on what to expect and how to get the most out of conference. Welcome Reception and Exhibit Hall 6-8:30p.m. Exhibitors are one of the many resources available to help your city learn, grow and thrive. Not only will they have ser- vicesand products to help meet your city's needs, but they can provide insight and expertise to help.This type of networking can help cities make informed decisions about the future. Don't miss this good time which includes food and beverages,gamesand prizes.And please join in the exhibit hall theme, Luau, by wearing a wild shirt or sun hat. Fireworks on the Patio Following the Welcome Reception join your peers for networking on the East Terrace of the Marriott, and enjoy fireworks sponsored by J&M Displays. O =Pre-Registration Required = Mobile or off-site event with transportation provided A guide to workshop tracks: Some workshops are designed with a specific segment of the municipal audience in mind. The workshop will still be valuable to others, but it's of special interest to those groups. • Officials from small cities (Small City) • Those who have been in municipal government awhile (Advanced) • Those who are new to city government or participated in the recent Municipal Leadership Academy (MLA) • Discussion-based sessions (Roundtable) Register online at org '~ •~ a~ i ~,.u Schedule at a Glance .:~.~~~, . v . • 8 a.m.- 7:30 p.m. Registration & Photo Contest Voting • 9 -11:30 a.m. (Tentatively) Service Project • 10 a.m. - 4 p.m. Best Ball Golf Tournament • 1:30 - 4:30 p.m. Wednesday Workshops •5-6p.m. New Member Orientation •6-8:30p.m. Welcome Reception and Exhibit Hall • 7:30 a.m. - 6:30 p.m. Registration & Photo Contest Voting • 6:30 - 9 a.m. Seventh Annual Run/Walk • 7:30 - 8:45 a.m. Breakfast in the Exhibit Hall • 9 a.m.- 4 p.m. Guest Tour • 9 - 10 a.m. Workshops -Session #1 10 - 10:45 a.m. .. (`-`'Break in Exhibit Hall SuJLkY ~_, O.~ ~-~OIJSp,5E5SlOn`~~' ~-~ f~ ,rr -"`'Opening Liaricheon •2:15-3:15p.m. Workshops -Session #3 • 3:30 - 4:30 p.m. Workshops -Session #4 • 4:30 - 5:30 p.m. IaCMA Reception •6-8p.m. Awards Banquet • 8 -10 p.m. President's Reception 4:30 p.m. A Vision for Iowa Visit projects in the Iowa City/Coralville area that received funding from Vision Iowa.These projects enrich the qual- ity of life in each community and pro- videcitizens entertainment and educa- tional opportunities. Learn how each city was able to secure Vision Iowa funds and how those efforts assisted each project, including insights from Vision Iowa Chairwoman and Iowa City Council Member Regenia Bailey. 3:30 - 4:30 p.m. Wastewater Treatment Today This trip to North Liberty's state-of-the-art sewage treatment plant will showcase the latest in municipal utility operations. With a recent surge in population, North Liberty is now able to better serve its community's needs with this facility.The tour will include information on the facil- ityand how the city was able to complete the project. 00 9 a.m. - 4 p.m. Guests of conference attendees can expe- riencethe United Nations Education, Scientific and Cultural Organization (UNESCO) City of Literature on this year's tour.lowa City was recently named the world's third City of Literature. Partici- pantswill experience the rich literary her- itage ofthe University of Iowa with tours of local literary sites, beginning with the Iowa Writer's Library at the Marriott, and including lunch shopping and an au- thor's reading at the famed Prairie Lights Bookstore in downtown Iowa City. Workshops -Session #1 9 - 10 a. m. Designing Your City (Small City) This session will provide small cities with information on how to successfully plan for public improvement projects.The Statewide Urban Design and Specifica- tions program offers cities access to ac- cepted plans and specifications for pub- licimprovement projects such as roads, sidewalks and recreation trails. Hear how this program can save your city money and ensure its infrastructure is built soundly. Preparing Your Community Members of the Iowa Emergency Man- agement Association (IEMA) are on the front lines when responding to disasters across the state.This session features lessons from recent years and provides strategies to follow if a disaster strikes your community. ~; E. , - 3_, _ 7:30 a.m. - 6:30 p.m. O O 6:30 - 9 a.m. Participants will see the beautiful trails in Coralville and Iowa City, including a new pedestrian bridge, during the 5K run or 2.5K walk.This free event is spon- sored by the Iowa Municipalities Work- ers'Compensation Association (IMWCA) and includes a t-shirt and light breakfast. Breakfast in the Exhibit Hall 7:30 - 8:45 a.m. Enjoy breakfast in the exhibit hall while visiting with groups who provide services and products to cities. O O 9 - 11:30 a.m. Cities Respond to Flood See how the floods of 2008 impacted the Coralville and Iowa City areas and the im- pressive response from the communities. This tour will take a look at local rebuilding efforts flood mitigation projects and include a visit to the Iowa Flood Center, which was created to conduct advanced research and education on flood related issues.The Center's advanced modeling systems for watersheds throughout the state can assist communities with prepara- tion and planning for future flood events. Building Better Boards Cities have a wide range of boards and commissions.These boards may have a policy making role while in other cases they take on judicial fiduciary or over sight responsibili ties. Learn and share best practices for establishing filling appointments and organizing boards and commissions. The presentation wilt also discuss the state requirement for certain boards to be gender balanced on January 1, 2012. Fair Labor Standards Act Overview (MLA) The Fair Labor Standards Act provides guidance regarding the eligibility and calculation of overtime, minimum wage, and rules for youth employment.This session will provide an overview of this law as it relates to the municipal work place. The Council's Role in Financial Management (Roundtable) The council approves the budget and pays the bills what more does a council need to do for the financial man- agementand the well being of the city? Discussions in this session will include the value of internal control, bud- get monitoring and other aspects of financial manage- mentand planning. Booze Basics Before happy hour begins many steps need to betaken for an establishment to serve Iiquor.This session will provide information on how cities are to comply with the state's alcohol and beverage laws. Also learn how to complete the licensing process in a timely and effective manner from the Iowa Alcoholic Beverages Division. 10 - 10:45 a. m. Take advantage of the last chance to visit with exhibitors during this coffee break in the exhibit hall. 10:45 - 11:45 a.m. The Ethical City Official (MLA) This session will cover strategies that have been used to promote ethics in local government.The presentation will highlight strategies and policies that can be used for both elected officials and city staff. "- ;' ~~ Finding Funding in the RUTF The Road Use Tax Fund and the status of the multi-year federal highway bill are a few of the topics that will be cov- ered in this session about current federal and state trans- portation legislation and funding. Policies and programs of the Iowa Department of Transportationtyill also be dis- cussed. Professionals Without Pay: Volunteer Firefighters Volunteer firefighters are a key part of a city operation, and like all city personnel it's important they have the latest training and information.The new Iowa Minimum Training Standards for volunteer firefighters took effect July 1. Discus- sion in this session will include details on the new standards, how your city can meet the requirements and where to get help. Cooperating Across City Lines (Roundtable) Cooperation between local governments has become a nor- mal operation for cities.This session will provide suggestions and best practices for negotiating, drafting and administer- ing intergovernmental agreements. More for Your Money (Small City) There may not be much money available for investments, but where can a small city turn? See what options are legal and available in the sluggish markets today and into the future. Lasso the Wind Interest in Small Wind Energy Conversion Systems has been steadily increasing across lowa,causing many cities to consider how to effectively implement these systems while protecting the public health, safety and welfare of their community.This session will review ordinances drafted to assist cities.One ordinance is designed to qualify small wind producers for the Small Wind Innovation Zone pro- gram.Another focuses on regulating in an urban area. Opening Luncheon Noon - 2 p.m. Sponsored by FOX Engineering Associates University of Iowa Provost Wallace D. Loh came to Iowa as a child with just dollars to his name. Hear his inspiring story of growth and success and lowans'role in it. Also, receive an official welcome to the event from League President Dale Uehling and Coralville Mayor,Jim Fausett.Then enjoy lunch and an opportunity to network with colleagues and peers as the MLA graduates are recognized. ~ ~~ continues: on next page ~L 7 ~;~~ ley ; ~ '~ ~ °~ ;- i '`-;~~ ;~~_ . i Thursdayschedule,rnntinued from previous page 2:15-3:15p.m. Livin' In a Glass House (MLA) City government is closer to its citizens than any other form of government. Iowa laws require certain transparencies and accessibility to meetings, deliberations and information of all councils, boards, commissions and city records. This session will explore the practical side of Open Government in Iowa and how it affects a city's way of doing business. It's Raining Cats & Dogs (Small City) Many small cities struggle with finding efficient and effective ways of dealing with stray and vicious animals.This session will feature tips and strategies for handling animal control problems, including useful city policies and helpful best prac- tices. National League of Cities Report Don Borut, Executive Director of the National League of Cities, will be oh hand to provide an update on federal legislative activity and the recent work the NLC has accomplished. .Sharing the Tab (Advanced) New construction is often an exciting and welcome activity for city officials. However, before the first shovel hits the ground it's important to have completed any special as- sessments ordeveloper agreements.Thissession will focus on providing an advanced look at development and as- sessment contracts and helpful tips when going through this process. Policing the Hiring Process This session will address strategies for strengthening the hir- ing process for law enforcement officers in smaller commu- nitiesthat are not covered by civil service.The presenters will discuss the hiring process including required testing, mini- mum requirements, background investigations and the inter view process. Discussion on the hiring of police chiefs will also be discussed. 3:30 - 4:30 p.m. Sustainable Cities (MLA) The City of Fairfield is on the cutting edge of incorporating sustainable concepts into their vision for the community. Hear how the city has formed a relationship with ISU Exten- sion to help achieve their goals of using sustainability ideas in their planning and design, job creation and economic development. Talkin'TIF (Advanced) Even cities that have used tax increment financing for a long time have questions on the finer aspects of this economic development tool.This advanced workshop will feature an in-depth and detailed look at tax incre- mentfinancing and the various ways cities are able to use it. Checking In with Your Library Board (Roundtable) Libraries are a great community asset.This session will discuss council/board relationships, possible collabora- tion between local libraries and available funding sources. Building Blocks of Affordable Housing (Small City) Small cities are often faced with a dilemma:trying to get new housing while filling their fair and affordable housing needs. This workshop will take a look into this issue and provide ideas, programs and examples from cities that can help. Kash: Cities Tackle Credit Cards iCash,a 28E designed to help cities accept credit cards, has been processing city transactions since January 2010.In this session, we will follow a transaction through the Kash system and explore what Kash member cities have learned as they introduced this new level of service to their citizens. Regulating Adult Businesses Cities have powers and limitations when it comes to regulat- ing adult entertainment establishments, like adult bookstores and gentlemen's clubs.This session will provide an overview of the strategies available to cities in regulating these businesses. 6-8p.m. Sponsored by Iowa Gaming Association Attendees can enjoy a banquet meal followed by the presenta- tion of the League's annual All-Star Community Awards and other special honors. Don Borut, Executive Director for the National League of Cities, will serve as the Master of Ceremo- niesfor the evening. 8-10p.m. Attendees are invited to join League President Dale Uehling for a reception at the new University of Iowa Beckwith Boathouse, a striking riverfront facility for the women's rowing team, com- plete with atrium workout and training facilities and a state- of-the-art indoor rowing practice tank designed by the univer- sity's Hydraulics Lab. Enjoy the river view, desserts, conversa- tionand entertainment. Take advantage of these great and help your community and thrive. f .._ Extend your stay and enjoy a foot- ball weekend package. The Uni- versity of Iowa Hawkeyes take on the Ball State Cardinals Saturday, - Septernber 25, at Kinnick Stadium. Discount ticket packages and ex- tended hotel stay information are available through the Iowa City/ Coralville Area Convention & Visi- ` tors Bureau at (319) 337-6592.Pack- ac~f~s will also include a facility tour and opportunity to meet with Uni- ~ersity of Iowa sports officials on t riday afternoon. ~ ~ ~ , z -,~fi ~ ,. a ~: k^ '~-;~~ s", 7 ~ ~~ 4n ~ .r`~~Ii~YR.s..µ6s~'a qc-r .1. _ ;~~ Friday Registration & Photo Contest Voting 8 - 10:30 a.m. 7:30 - 9 a.m. 8-9a.m. Hello, Goodbye (Small City) Learn strategies to promote job openings and get the best pool of applicants possible.The discussion will include interview strategies and questions as well as how to decide who you should hire. Also hear advice on discharging employ- ees including what to document in order to shield your city from wrongful termi- nation lawsuits. Labor-ing Over Contracts Labor contract negotiations can sometimes be a difficult and time consuming process.This session will feature a discussion on ways your city can improve its negotiation process and how to incorporate different strategies. Nuisance Abatement from A to Z Every city has those properties that are hard on the eyes. Hear how your city can improve how it handles nuisance properties from the first letter you send to taking the property owner to court. Discussion will also include how to man- ageabandoned properties and return them to useful pieces of land. Enhancing Your City with Trees & Trails (MLA) The development and maintenance of parks and recreation activities can signifi- cantly impact the quality of life in a city.lncreasingly, residents want to be able to enjoy trails, pools, parks and recreation facilities in their town. Hear how your city can incorporate these concepts and improve its quality of life. Best Foot Forward If a citizen hears about events in your community through the newspaper, Inter- net or at the coffee shop, the image of your community and your job as a city official can be affected. How does your city work with the media? Do you have to include Internet and Web pages in your media campaigns? Creating a com plete public relations strategy will be discussed in this session. Making City Hall Tight & More Energy Efficient Public building maintenance and utility costs may not leave much room to remodel for energy efficiency.This session will show the value in making public buildings more efficient and what programs are available to help finance the project. Note: Workshops and schedules may change slightly before the September conference. Business Meeting 9:15- 10a.m. Delegates from member cities vote on business items including the approval of new League Executive Board members and the League's legislative priorities. 10:30 a.m. -noon Before leaving to enjoy the Coralville/Iowa City area join colleagues and a special guest for a buffet brunch. Register online at ~~ ~~~~ IP10 Iowa City Police Department P.A. U . L.A. Report -May 2010 (Possession of Alcohol Under Legal Age) 7 a ~:.._, ..,, ~_ V ~ O 4•lJl l ^~.J i\1 ~ ~• . ~~~ Business Name (occupancy] Monthly Totals Year-to-Da te Totals PAULA Visit -' ' (occupancy Joads updated Oct 'os) visits arrests visits arrests ear-to-date " E '' - 808 Restaurant & Nightclub [176] 2 2 26 51 1.962 i? 1= f ~ ]'' ~ Airliner [223] 1 0 6 3 0.500 American Legion (140] 0 0 8 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone [297] Bluebird Diner [82] 2 0 10 8 0.800 Blue Moose [436] Bob's Your Uncle 260' 5 0 0 000 Bo-James (200] 0 0 . Bread Garden Market & Bakery 3 25 11 0.440 [It's] Brothers Bar & Grill [556] 4 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] Caliente Ni ht Club [498 0 0 6 0 0.000 Carl & Ernie's Pub & Grill [92] 0 0 1 0 0.000 Carlos O'Kelly's [299] Chefs Table [162] Chipotle Mexican Grill [119] 2 0 000 0 [The] Club Car [56] 0 0 1 0 . 000 0 Coaches Corner [160] 0 0 . Colonial Lanes [502] Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] 0 0 1 0 0.000 DC's 120 0 0 5 1 0.200 [The] Deadwood [218] 0 0 1 0 0.000 Devotay [45] ' 0 0 1 0 0.000 s Pub [49] Donnelly 0 1 0 0.000 [The] Dublin Underground [57] 0 [Fraternal Order of] Eagle's [315] EI Banditos 25] EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] [The] Field House (aka Third Base) [420] 7 11 28 78 2.786 Firewater [114] 3 0 6 0 0.000 First Avenue Club [280] Formosa Asian Cuisine [149] 0 0 2 0 0.000 Gabes [261 ] 0 0 1 0 0.000 George's Buffet [75] Givanni's [158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 0 0 8 0 0.000 Guido's Deli [20] Hawke a Hideaway [94] [The] Hilltop Lounge [90] IC Ugly's [72] 0 0 2 0 0.000 India Cafe (100] Jimmy Jack's Rib Shack [71] Jobsite [120] 0 0 8 0 0.000 Joe's Place [281] 0 0 3 0 0.000 Joseph's Steak House [226] Karaoke La Revna f781 k E;i~.,~ • tr ., ;~~~ ~ . La Reyna [49] Linn Street Cafe [80] Los Portales [161] ' 1 1 2 1 0.500 s [200] Martini Masala [46] Mekong Restaurant [89] Micky's [98] [The] Mill Restaurant [325] [Lo al Order of] Moose [476] [Sheraton] Morgan's [231] Motley Cow Cafe [82] Okoboji Grill [222] 0 0 2 0 0.000 Old Capitol Brew Works [294] 2 16 30 1.875 One-Eyed Jake's [299] 6 One-Twent -Six [105 Orchard Green Restaurant [200] Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65] 3 0 13 1 0.077 Pints [180] Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] 1 0 0.000 Quinton's Bar & Deli [149] [The] Red Avocado (47] Rick's Grille & Spirits [120] Riverside Theatre [118] Saloon [120] 1 0 0.000 Sam's Pizza [174] [The] Sanctuary Restaurant [132] 0 0 000 Shakespeare's [90] 4 1 0 . 0.000 Short's Burger & Shine [56] 4 0 0 000 Slippery Pete's [178] 1 0 1 0 . 0.000 Sidelines [200] 5 4 21 31 1.476 Sports Column [400] 0 2 0 0.000 Star Lounge [144] 0 0 0 3 0 0.000 Studio 13 [206] 9 9 31 69 2'226 [The] Summit [736] Sushi Popo [84] Takanami Restaurant [148] 7 0 0.000 TCB [250] Thai Flavors [60] Thai Spice [91] Times Club @ Prairie Lights [60] T. Spoons [102] 5 4 21 16 0.762 Union Bar [854] VFW Post #3949 [197] 0 5 3 0.600 [The] Vine Tavern [170J 0 9 0 000 0 Vito's [320] 2 0 . Wig & Pen Pizza Pub [154] 1 1 000 [Iowa City] Yacht Club [206] 0 0 1 . Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 51 36 302 304 1.007 Other PAULA at non-business locations: 2 33 PAULA Totals: 38 337 0 current month year-to-date ~ j ~ ~~ *includes outdoor seating area .r-: ~ ; _ ~. ~~ ] ~ f ~ ~~~-~ Ub-'I U-7 U ^~®~ CITY OF tCJ1NA C[TY IP11 ~III~~~~ ~~,~~ RA N D ~ ~ ~E~~ Date: June 10, 2010 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities RELOCATION OF THE NORTH WASTEWATER TREATMENT FACILITY I-Jobs board meeting and site visit • Survey completed on 87 manholes to date starting from South WWTP • Confirm delineated sanitary sub-basins • Began incorporating census data into sanitary sub-basins • Mapped proposed Oakdale Boulevard Extension north of I-80 • Rental flow meters were shipped on June 2 • Prepared agenda for P&G and U of Iowa meetings • Hydraulic computations were converted and updated at south plant • Reviewed plant data pursuant to formulating recommendations for adjustments to plant operations • Brown & Caldwell brainstorming on operations recommendations to develop memorandum • Brown & Caldwell assembled technical papers to accompany release of operations recommendations • Updated scheduling on near term tasks and post changes on SharePoint • Sampling plan finalized for plant modeling task DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE REPLACEMENT City staff hosted apre-submittal conference for the engineering RFQ that was attended by members of the Technical Advisory Committee and representatives from 13 engineering firms. Responses to the RFQ are due June 18, 2010. Tentative schedule of selection and contract award: June 21 -July 2, 2010 July 27 & 28, 2010 July 30, 2010 Aug 2 - 20, 2010 August 31, 2010 Water Division River Crossings (same as last week) Review of proposals and short list of firms Consultant interviews Final selection Contract negotiations & EDA approval Recommend Contract for City Council approval Due to the lack of `obligation' designation from FEMA we have curtailed the design and construction of replacement of two 12" river crossing repairs (Old Plant and Hwy 6). Howard R Green Consultants (HRG) has submitted a draft of scope of services for design, bid specifications and inspection of the interim project to repair and support the undermined sections of the two existing 12" water mains. We will wait to see if FEMA funding comes through for the replacement project. Still no word on FEMA funding for this project. June 10, 2010 Page 2 Peninsula Source Protection • 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. • Plans and Specifications for the Hazard Mitigation projects are being scheduled for public hearings with the City Council in order to put them out for bid. The proposed schedule will have the projects completed by 12/31/10. • A City Floodplain Development Permit Application was approved by Julie Tallman with HIS for the project(s). • The City Council will consider setting a public hearing for the project for June 15 at this evenings meeting. Water Works Prairie Park Source Protection (same as last week) • The HRG Hazard Mitigation Study is being used for additional funding requests for hazard mitigation for plant site well houses. We have received official notice that the FEMA funding application has been received and review is proceeding. We continue to await the results. Planning and Community Development • Planning staff attended the I-Jobs groundbreaking ceremony in Coralville on June 2"d. Staff also attended the I-Jobs Board meeting in Coralville later that day. The I-Jobs Board discussed the status of current projects and outlined the process for the I-Jobs II Competitive Grants Application Process. These grants will be due in early August. The day concluded with site visits to I-Jobs projects including a visit to Fire Station #4 and the Wastewater Treatment Plant. • On June 9t", staff participated in a monthly disaster recovery teleconference with the Iowa Department of Economic Development (IDED), Iowa Finance Authority (IFA), the Rebuild Iowa Office (RIO), and other government agencies administering disaster assistance funds. A total of 42 residential properties have been acquired with Federal and State funds. Of the 42 properties, 30 of the homes have been acquired through the Hazard Mitigation Grant Program (FEMA), eight with Community Development Block Grant (CDBG) funds, and four with Community Disaster Grant (CDG) funds. As of today, 32 properties have been demolished in the Parkview Terrace and Taft Speedway neighborhoods. • The City is now accepting applications for Round Two of the Single Family New Construction Program. The program offers down payment assistance of up to 25% of the purchase price of 37 newly constructed homes in Iowa City to help address the loss of Iowa City housing stock in the 2008 flood. Applications will be accepted through June 25, 2010. • 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 $1.68 million in State Jumpstart funding has been used to assist 75 flood- impacted residential households and $861,000 in Federal Jumpstart funding has been used to assist 17 households. • The City is now accepting applications for the two new business assistance programs: Equipment Reimbursement Assistance Program, and Flood Insurance Reimbursement Program. The City is continuing to take applications for the other four available business assistance programs: Expanded Business Rental Assistance Program, Loan Interest Supplement Program, Residential Landlord Business Support Program, and Commercial Rental Revenue Gap Program. IP12 Date: June 9, 2010 To: Kevin O'Malley, Director of Finance Chris O'Brien, Director of Transportation Services Mark Rummel, Associate Director of Transportation Services From: Linda Severson, Human Services Coordinator Re: Free Bus Ticket Program For the 4th quarter of FY10 (April, May, and June of 2010) the City of Iowa City distributed bus tickets to human services agencies through its Free Bus Ticket Program. The totals, by agency, were: 4th Apr• May Jun. Quarter FY10 Total Crisis Center of Johnson County 396 396 396 1188 4746 Department of Human Services 220 220 220 660 2640 Department of Veterans Affairs 20 20 20 60 240 Domestic Violence Intervention Program 130 130 130 390 1560 Shelter House 150 150 150 450 1800 Neighborhood Centers of Johnson County Broadway Center 50 50 50 150 600 Pheasant Ridge Center 50 50 50 150 600 Vocational Rehabilitation Services 70 70 70 210 840 The Nest of Johnson County 20 20 20 60 240 Free Medical Clinic 40 40 40 120 480 Community Mental Health Center 70 70 70 210 840 Home Ties 20 20 20 60 240 TOTAL 1236 1236 1236 3708 14,826 Thank you for your support of the Free Bus Ticket Program. Your continued assistance in this endeavor is very much appreciated! If you have any questions, comments, or concerns, please contact Linda Severson at x5242 CC: Dale Helling, Interim City Manager John Yapp, JCCOG Executive Director IP13 Marian Karr From: Sharon Benzoni [uichr@ui-center-for-human-rights.ccsend.com] on behalf of Sharon Benzoni [sharon- benzoni@uiowa.edu] Sent: Wednesday, June 09, 2010 2:15 PM To: Council Subject: Announcment of My Resignation Having trouble viewing this email? Click here Dear Regenia, I want to share with you my decision to resign as Executive Director of ICFRC and CIVIC. This is a bittersweet moment for me as I look forward with excitement to the new adventures that await me, but I know that I will miss all of you and these two organizations very much. Thank you for your support and generosity during these last two years. I feel privileged to have met so many of you and to have learned from your lives, stories, and wisdom. There is a sign on the wall of the Church where we hold our regular luncheon series with this line from Proverbs: "The World of the Generous gets Larger and Larger." I can think of no better way to describe the members of CIVIC and ICFRC; people with broad minds, generous hearts and expansive worlds. I have benefitted from knowing all of you. I'm sure that many will be curious about my plans. I have been accepted to a graduate program which I have deferred to 2011; I am also pursuing other opportunities to learn, grow and expand my horizons. I plan to spend the coming year traveling; exploring the fascinating and mysterious world. The Boards have been informed of my decision and are working to identify a new director. The Search Committee is now accepting applications for the position of Executive Director of CIVIC and ICFRC. More information about the position can be found on both the CIVIC and ICFRC websites. (Also note that I am hiring a permanent half-time administrative assistant to replace the wonderful Julia LaBua, who left us earlier this spring for full-time employment.) I know that because of your commitment to global understanding, ICFRC and CIVIC will continue to thrive under the guidance of their incredible Boards and the new Executive Director. I look forward to watching them continue to grow. "One's destination is never a place, but a new way of seeing things." -Henry Miller With gratitude, Sharon Sharon Benzoni Executive Director Council for International Visitors to Iowa Cities and Iowa City Foreign Relations Council 1111-14 University Capitol Center Iowa City, IA 52242 Desk: 319.384.2260 Fax: 319.335.2021 ®SafeUnsubscribe~ N y~ ~s ~, ~ .~ -~°~ i ~~ ~ i ,, ..a- ~ . .- r~ Email Marketing by 6/9/2010 IP14 JOHNSON COUNTY JOINT EMERGENCY COMMUNICATIONS CENTER Saturday, June 19th, 2010 1:00 p.m.-3:00 p.m. 4529 Melrose Ave. Iowa City, IA 5 2 246 Directions: Located behind Chatham Oaks From Highway 218 take Melrose Ave. West to Chatham Oaks. Turn into Chatham Oaks driveway on Left. Follow drive around to the JECC entrance. . Open to the Public . Tours of the Facility 1#'~~C Police • Sheriff • Fire • EMS Visit http: / /www.jecc-ema.org for more information. IP15 Grant Wood Neighborhood Association Meeting Thursday, June 17, 2010 6:30 - 8pm -Grant Wood School Cafeteria Dear Neighbors, Our June Grant Wood Neighborhood Association meeting will be devoted to a discussion about the future of our association. Your input is needed. We have had a very good and busy year with monthly meetings and successful events and workshops. However, we now need to step back and review the direction of our neighborhood asso- ciation to determine the type of work we can sustain in the future. Below are a few topics we will be discussing at our June meeting. As an association, we need to organize ourselves. We need individuals to assume leadership roles in a variety of areas such as co-chairs, treasurer, newsletter development, website work, and residents who can plan and organize neighborhood events. An ongoing challenge is not having sufficient volunteers to support certain neighborhood events. This may be one of those areas we need to rethink for the future. One of our discussions will be determin- ing what types of events we can easily accomplish with minimal volunteer help. Therese McKenzie has served the Grant Wood Neighborhood Association tirelessly for many years in her role as event coordinator. Later this summer, Therese will be moving to Madison, Wisconsin to be closer to family. We wish her the best and she will be missed a great deal! One of our most popular events that Therese has coordi- nated in the past has been the annual October Harvest Party. This is an event that takes many volunteers hours to organize as well as volunteers to staff the actual event. This is an example of a neighborhood event that will not be possible in the fall without several people coming forward to plan and implement. Marcia Bollinger's position with the City of Iowa City is Neighborhood Services Coordinator for ALL the Iowa City neighborhood associations. She also coordinates the Iowa City Public Art Program. During the past year, Marcia has devoted a substantial portion of her time to our Grant Wood Neighborhood Association activities and events. Our neighborhood has benefited tremendously from her time. However, continuation of that level of time commitment is not possible in light of Marcia's various responsibilities. Marcia will be available at our June meeting to describe the types of support she can continue to provide any neighborhood association. In the past, we have discussed formalizing the joining of the Grant Wood and Wetherby neighborhoods into one neighborhood association. Several years ago both neighborhoods were part of one association. We feel this is an important step in the future of both neighborhoods. It's not my intent to paint a bleak picture of the Grant Wood Neighborhood Association. I am trying to provide an overview so, as residents, we have a shared understanding of where we are at. The work of any neighborhood association can only move forward with help and feedback from the neighborhood. Please attend our June 17 association meeting. If you are not able to attend but want to be part of this discussion, contact me. Thank you, Cindy Roberts (330-6734 or cndy-roberts@uiowa.edu) "Serving Our Neighborhood N Making a Difference" Grant Wood Neighborhood Association/GWNA ~~.~~~ ROLLER SKATING IN .IULY~ Program for Improving Neighborhoods "PIN" Grant funding has provided staffing to oversee regular Roller Skating at Grant Wood Gymnasium in July! The schedule is: Friday Nites-July 2, 9, 16, 23 and 30 Beginners and Families-6:30-8:00 PM Fast Skate-8:00-9:30 PM Free but must provide ID or $1 for roller skates. No one under 8 years olds admitted without a parent or responsible adult. YOU'RE INVITED! ~~~~~~~ ER~ Q~Y Dedication and Reception 5:30-6:30pm Tuesday, June 8th, 2010 Wetherby Park - 2400 Taylor Drive 5~~ ~oN }iu.uad 2M0~ ~/~}I~ EMO~ dlb'd 3J`d1SOd ~sn alS 1S2id Stay after the ceremony for Party in the Park with Music by Hot Club of Davenport with games, arts and crafts and free popcorn! O~ZZS ~MO~ 'f'~~I~ ~MO~ ~aaa~s poonn~ueaD t~~OZ uol~ei~ossd pooyaogy~iaN poo/~ ~ueaD ðÜÄmóÈÏØ  EXPRESS EXPRESS SERVING LOCAL GOVERNMENTS IN BENTON, IOWA, JONES, JOHNSON, LINN AND WASHINGTON COUNTIES FOR MORE THAN 30 YEARS DISASTER RECOVERY Celebrating accomplishments in new housing ECICOG and the Housing Trust Fund of Johnson County will celebrate the recent accomplishments in single-family new construction at an event in North Liberty on June 30, 2010, at 10:00 a.m. As part of disaster recovery, the Iowa Department of Economic Development (IDED) made available $3.8 million to the ECICOG region to provide homebuyer assistance for sixty-six new single-family housing units. On June 30, we’ll commemorate the completion of more than forty new housing units in the region through this program. ECICOG region to be featured in national report The ECICOG region will be one of two areas featured in a national report to be published later this summer by the Research Foundation of the National Association of Development Organizations (NADO). The report will explore the role of regional planning agencies in post-disaster regional economic recovery. In particular, the report will focus on the role of regional agencies that are also Economic Development Districts (EDD), as designated by the Department of Commerce – Economic Development Administration. ECICOG is the EDD for the six county region. The Galveston, Texas, region will also be featured. Fred Baldwin, the free-lance writer preparing the report, visited the ECICOG region for several days in May. During that time, he interviewed numerous individuals including elected and public officials, business owners and chamber representatives, and cultural and human resource advocates. ECICOG would like to again thank all the individuals who made themselves available for Mr. Baldwin’s visit. COMMUNITY DEVELOPMENT Recent Funding Awards The communities of Washington and Wellman, in Washington County, were recently notified of awards from the Iowa Department of Economic Development’s (IDED) Housing Fund program. Both communities will utilize the funding to rehabilitate owner-occupied housing units. ECICOG, which prepared the applications on the communities’ behalf, will administer the local housing programs. For Adam Ralston(ext. 133) additional information on housing programs, contact at ECICOG . Grantee ProjectAward Funding Agency City of Washington Housing Rehabilitation $218,234 IDED City of Wellman Housing Rehabilitation $226,234 IDED TOTAL $444,468 Business assistance RLF update ECICOG was established in 1973 to promote regional The ECICOG Business Assistance Revolving Loan Fund (RLF) was created in cooperation and provide professional planning October of 2008, in response to the Disasters of 2008 and the current economic services to local governments in Benton, Iowa, crisis. ECICOG applied for and was awarded $1.5 million from the Economic Johnson, Jones, Linn and Washington Counties. Development Administration (EDA) and secured local matching funds of $100,000, ECICOG also provides solid waste planning services which included a generous contribution from the Washington County Riverboat to Tama County and transportation planning services Foundation. to Cedar County. The purpose of the RLF is to assist new or existing small businesses achieve their goals and create jobs within our six county region. Since its creation, the program has Members of the ECICOG provided funding for nine projects with loans totaling nearly $1.3 million. These Board of Directors: investments will result in an anticipated 250 new jobs over the next three to five Lu Barron Susan Mims years. Leo Cook (Chair) Charles Montross Bill Daily David Plyman Businesses funded by ECICOG’s RLF Gary Edwards Ed Raber Ovation Networks, Inc. Tom Gill Ben Rogers SoyaWax International, Inc. Don Gray Sally Stutsman Alphagen Materials Technology, Inc. Ann Hearn Kathleen VanSteenhuyse Bochner Confections, Inc. Marty Kelzer David Vermedahl Cedar Crest Manufacturing, Inc. Linda Langston Larry Wilson HH Ventures, LLC Adam Mangold Linda Yoder Jones County vacancy MobileDemand, LC Geonetric, Inc. Cedar Ridge Vineyards, LLC ECICOG Staff EXT Executive Director Doug Elliott, 122 STAFF NOTES Administrative Assistant Gina Peters, 120 Contracts Administrator Robyn Jacobson, 134 Transportation Director Mary Rump, 128 Hilary Copeland , ECICOG GIS/Transportation Planner, recently successfully Mobility Manager Gina Johnson, 137 GIS Services 25 Hilary Copeland, 1 completed the certification test for the American Institute of Certified Planners Comm. Development Director Chad Sands, ,127 AICP (AICP). AICP is the American Planning Association’ s (APA) professional institute. Comm. Development Gary Hughes, 129 To become certified, APA members must meet certain education and experience Comm. Development Adam Ralston, 133 Chad Sands requirements and pass the certification test. Copeland joins , ECICOG Housing Services Rob Arnold, 124 Community Development Director, as having met this rigorous professional Economic Development Tracy DeKoter,130 certification. Environmental Services Dir Jennifer Ryan Fencl, 131 Solid Waste Planning Kristin Simon, 126 Doug Elliott , ECICOG Executive Director, has been invited to participate in a Iowa Waste Exchange Mary Beth Stevenson, 121 national peer forum to discuss the role of regional planning agencies in post-disaster Disaster Recovery Kristine Chiafos, 135 Disaster Recovery Diana Stromer, 123 economic recovery. The forum is being presented by the National Association of Disaster Recovery Melanie Riley, 138 Development Organizations, and will take place in League City, Texas, June 23 – 25. Disaster Recovery JJ Breen, 139 East Central Iowa Council of Governments 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 52402 Calendar (319) 365-9941 Fax: (319) 365-9981 e-mail: ecicog@ecicog.org June 10 ECICOG Solid Waste TAC Meeting, ECICOG Offices, 700 16th Street NE, Cedar Rapids, 1:00 p.m. ECICOG Transit Operators Group Meeting , Benton County Transportation, 205 Second Ave, Vinton, 10:00 a.m. June 24 ECICOG Board of Directors Meeting, ECICOG Offices, 700 th 16 Street NE, Cedar Rapids, 1:00 p.m. July 5 ECICOG offices closed in observance of Independence Day Holiday July 8 ECICOG Solid Waste TAC Meeting, TBA, 1:00 p.m. Express is a bimonthly electronic publication of the East Central TBA ECICOG Board of Directors July Meeting date will be set at the Iowa Council of Governments. June board meeting IP17 Donation Stations installed downtown to help curb panhandling Posted by: Planning Department Mailing List(s): General City News Originally Posted 6/3/2010 10:46:56 AM Two types of change are coming to downtown Iowa City -- or at least that's what the City of Iowa City hopes will happen, now that nine Donation Station meters have been installed in the downtown area. The program hopes to encourage shoppers, business owners, and visitors to deposit spare change in the special purple meters to help fund local nonprofit services rather than giving money directly to a panhandler. The program, which will complement the City's newly adopted panhandling ordinance that restricts areas where panhandling can occur, hopes to curb aggressive soliciting in the downtown district and put funds into the hands of agencies that can provide necessary services and support for those truly in need. Local law enforcement officials note that while panhandlers may lead people to believe they are down-and-out and homeless, that is sometimes not the case. Some of the solicitors are professionals who travel to Iowa City because it has been proven to be financially lucrative, while others are asking for money to support a drug or alcohol habit. Not all panhandlers are homeless, they emphasize, and certainly not all homeless people are panhandlers. The Donation Stations are modeled after a similar, and highly successful, program in Denver, Colorado. The funds that are collected from the meters will be divided by several local nonprofit agencies that provide food, medical care, transportation, outreach, and other services to the community's homeless and low-income residents: Free Lunch Program, Iowa City Free Medical Clinic, Crisis Center, Community Mental Health Center PATH Program, Shelter House, and United Action for Youth. "Putting a stop to panhandling will require a total community effort," stated Iowa City Mayor Matt Hayek in a letter that was included in the Donations Station brochure. "The most effective deterrent is for citizens to pledge not to give money to panhandlers. We all feel compelled to help those in need, but there is a better way." For more information on the program, contact Linda Severson or Wendy Ford at the City of Iowa City. For Linda, call 319.356.5242 or a-mail linda-seversonCcaiowa-city.ora. To reach Wendy, call 319.356.5248 ore-mail wendv-fordCcDiowa-citv.ora. Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs gaoe for emolovment ooaortunities. • View more news from the Citv of Iowa Citv. http://www.icgov.org/CMSv3/Apps/media/preview/preview.asp?id=6319 6/3/2010 Contact Person: Linda Severson Contact Phone: (319) 356-5242 IP18 Marian Karr From: Mikelson, John D [john-mikelson@uiowa.edu] Sent: Thursday, June 03, 2010 4:50 PM To: Council; vickilensing@juno.com Subject: Community Covenant Signing 4 July 2010 Attachments: John D Mikelson.vcf John D Mikelson.vcf (3 KB) Hello; My name is John Mikelson and I am the current chairman of the Johnson County Military Affairs Association/Co-Chair of the Iowa City Army Community Advisory Board. One of the projects we are working on for the summer is a Community Covenant Signing (http://www.army.mil/community/) with the Defense Department and the Greater Johnson County Community in light of the almost 4,000 National Guard and Reserve component troops leaving the state this summer. Because of the wonderful turnout they get every year at the Coralville Parade we would like to hold this signing from 1140 to 1155 on 8th street in front of the recreation center (http://www.coralville.org/DocumentView.aspx?DID=365) Additionally the Community Covenant banner will be available for signatures during Veterans day (29 July?)at the Johnson County Fair. Signing for the community would be members of the Board of Supervisors, Area Mayors, State Senators and Representatives, University officials, Veteran Service Organizations, Military personnel from the community and their higher headquarters and the crowd at the parade. Basically I am asking you to be the signatory representatives on this symbolic document. I would like to ask the Public Affairs Offices of the VAMC, USARBN MN, Iowa National Guard and University to assist us in the promotion and execution of this program. http://www.army.mil/community/faq.html Please share this with your friends, family, co-workers and organizations Questions can be directed at me or to Cheryl Moore at the Minneapolis Recruiting Battalion, One Federal Drive, Ste 3700, Fort Snelling, MN 55111 (612) 725-3125 John D. Mikelson Military Affairs Association (319) 321-1387 The Military Affairs Association does not take sides in party politics but seeks to promote all patriotic events within the community Although the US Army is the lead agent for the Community Covenant program this is a DoD program for all branches and components of service 1 City of Iowa City MEMORANDUM TO: Dale Helling, Interim City Manager FROM: Chris O'Brien, Director of Transportation Services spy DATE: June 14, 2010 RE: Transit AVL Project Update In a memo dated March 17, 2010, I outlined our Transit AVL Project which included our partnership with Cambus and Coralville Transit. During fhe time since that memo we have continued moving forward on this project and felt an update would be appropriate. NextBus was the chosen vender for our AVL solution and we have been working with them to prepare for the installation of the system. This installation was set for the first part of July, but due to everyone's efforts this has been accelerated with an expected installation being completed possibly by July 1, 2010. After much deliberation and many creative ideas we have landed on a name for the service we will be providing to our customers. Bus on the Go is the name that prevailed and utilizing the "B" from Bus the "on" and the "Go" we plan to marke# the service as Bongo. Several factors were considered when making this decision. The name, Bus on the Go, is relevant as it is intended to provide information quickly to staff and customers while they are planning their transportation needs. In addition, when shortened to Bongo, it is short, easy to remember and has a fun factor to it making it easy to market. We were unable to obtain the rights to the website www.bongo.com, and have selected www.ebongo.orq in it's place. With the "e" at the beginning it gives it the online feel, a-mail, e-business, etc. The site is currently under construction as we incorporate the data from the transit systems. This site will be continually updated and you should see substantial progress in the next couple of weeks. The marketing of this system is a very important piece to it's success. We have several ideas of ways to get the word out on this AVL service, including banners, trinkets, ads and gear for our employees. Banners will be placed on the Coralville Transit bus in the North Liberty Fun Day Parade to take advantage of the opportunity to get people talking about it. In addition, people wearing T-Shirts containing the name, logo and website will be walking along with the bus. The T-Shirts come in yellow, red and blue to represent the colors of the three systems. If you would like more information on this please do not hesitate to contact me. cr+ r ~ p~ 1111 University Capitol Centre Iowa City, Iowa 52242-5500 (319) 335-0351 FAX 335-2021 Iowa City http://international.uiowa.edu/outreach/community/icfrc Foreign ~i~ ~~ ~ ~ :> R~l~tions Council ~}((]]p{~l} ! f1 L 151 tl ~.l ~Fi ~~ ~ Lr ~E.~B ~>: ~ ~") June 14, 2010 ~ ~ ~ l~ ( ' ~ ~ ' Thais Winkleblack President ~ - ~ ~ ~ ~ a ~'~'t~-t ~ ~ ~ ~~ . ~' j ; Dear City of Iowa City Council and Staff: David Martin Vice President I am writing to invite you to join us for a special event on June 15`" featuring Christopher Brett Cloyd Merrill at 5:30 p.m. at the Englert Theatre (221 E. Washington St.) in Iowa City. In Secretary "Through the Lens of Cultural Diplomacy: a Global Snapshot," he will talk about Henry Madden experiences on the frontiers of cultural diplomacy, including his recent visit to Iran. His Treasurer lecture will highlight the critical role that Iowa in particular plays in this arena. We plan to have several U.S. State Department representatives joining us for this event. Board Members Merrill is an award-winning poet, an essayist and translator, and an eloquent speaker. He's Terry Boles directed the UI's International Writing Program since 2000. We also know him as the man whose vision and drive won Iowa City a UNESCO designation as a "City of Literature," Alan Brody placing our small but dear metropolis in the same league with Edinburgh and Melbourne. Joyce Carman In 2008 the Press Citizen recognized Merrill as "Person of the Year." He humbly declined the award for himself, but agreed to accept on behalf of all the writers in Iowa City. As Peter Hansen part of his public lecture on Tuesday, he will introduce City of Literature Executive Janet Lyness Director Jeanette Pilak and ask her to give some brief comments. We look forward to Carrie 2. Norton extending her a warm Iowa welcome! Bob Ross Merrill also served on the Department of State Advisory Committee on Cultural Diplomacy and was primary drafter of its 2005 report, "Cultural Diplomacy: the Linchpin Jennifer Smyser of Public Diplomacy." That document highlighted the essential roles cultural diplomacy should play if America is to resuscitate channels for mutual understanding and recognition of common human values and aspirations with the rest of the world. Humanities Iowa and the National Endowment for the Humanities are providing funding for the event. Many local organizations have also joined forces to provide financial support for the event, including the Council for International Visitors to Iowa Cities, the Dee Norton Fund of the Iowa City Foreign Relations Council, the Iowa City Coralville Area Convention and Visitors Bureau, The Iowa City Noon Rotary Club, Iowa United Nations Association, Johnson County United Nations Association, MidWestOne Bank, and University of Iowa Lecture Committee. I also invite you to join us after the free public lecture for a reception at the same venue sponsored by MidWestOne Bank to raise funds for the International Writing Program. I hope to see you there! Sincerely, Thais Winkleblack ICFRC Board President r ^~l_,:,®~,~ CITY OF [O1NA CITY ~., ~~ ~E~ORAND[~~ Date: June 14, 2010 To: City Council From: Dale Helling, Interim City Manager ~~~ Re: Nuclear Weapons Free Zone Signs Attached please find a copy of the "Nuclear Weapons Free Zone" ordinance, Chapter 5 of Title 6 of the Code of Iowa City. Note specifically Section 6-5-4 which mandates the posting of "Nuclear Weapons Free Zone" signs on the major entrances to the city. Over time most of these signs have disappeared or been the subject of vandalism. In preparing to replace these signs, we have learned that the Iowa Department of Transportation will not authorize their re-installation on Federal or State primary highways coming into the city. These would include Iowa Hwy #1, US Hwy #6, US Hwy #218 and I-80. IDOT authorization will not be given because the signs are not standard Manual on Uniform Traffic Control Devices signs, and they do not aid drivers. The above notwithstanding, there are several other streets coming into the city that can be regarded as "major entrances". These include the Herbert Hoover Highway, North Dubuque Street (South of the I-80 Interchange), the IWV Road (West Melrose Ave.), South Riverside Drive, and Sand Road. In the absence of other direction from Council, it is my intent to have Traffic Engineering staff replace the "Nuclear Weapons Free Zone" signs at these five locations in accordance with the existing ordinance. cc. Jeff Davidson John Yapp Rick Fosse 6-5-1~ CHAPTER 5 NUCLEAR WEAPONS FREE ZONE SECTION: 6-5-1: Purpose 6-5-2: Definitions 6-5-3: Nuclear Weapons Work Prohibited 6-5-4: Signs Posted 6-5-5: Penalties 6-5-2 6-5-1: PURPOSE: The purpose of this chapter is to establish the city as a nuclear weapons free zone in which work on nuclear weapons is prohibited. The people of the city find that the presence of nuclear weapons facilities within the city is in direct conflict with the maintenance of the community's public health, safety, morals, economic well being and general welfare. (1978 Code §24-142) 6-5-2: DEFINITIONS: As used in this chapter, the following definitions shall apply: COMPONENT OF A Any device, radioactive or nonradioactive, NUCLEAR WEAPON: designed to be installed in and contribute to the operation of a nuclear weapon. NUCLEAR WEAPON: Any device, the purpose of which is use as a weapon, a weapon prototype or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involving atomic nuclei. "Nuclear weapon" also includes the weapon's guidance, transportation, propulsion, triggering and detonation systems. PERSON: A natural person, as well as a corporation, institution or other entity. (1978 Code §24-143) Iowa City 6-5-3 6-5-5 6-5-3: NUCLEAR WEAPONS WORK PROHIBITED: No person shall knowingly engage in work within the city, the purpose of which is the development, production, deployment, launching, maintenance or storage of nuclear weapons or components of nuclear weapons. (1978 Code §24-144) 6-5-4: SIGNS POSTED: Appropriate city officials shall post signs on major entrances to the city stating "Nuclear Weapons Free Zone" in a manner that conforms with standards set forth in the federal highway administration's °Manual On Uniform Traffic Control Devices For Streets And Highways", as amended. (1978 Code §24-146; amd. 1994 Code) 6-5-5: PENALTIES': A. Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for in title 1, chapter 4 of this code. (1994 Code) B. Residents of the city shall also have the right to enforce this chapter by appropriate private civil actions for declaratory or injunctive relief. Reasonable attorney fees shall be awarded to a prevailing plaintiff in such litigation. (1978 Code §24-145) 1. See also section 3-4-9 of this code. Iowa City IP19 MINUTES PRELIMINARY PARKS AND RECREATION COMMISSION MAY 12, 2010 - 5:00 p.m. BECKWITH BOATHOUSE MEETING ROOM Members Present: David Bourgeois, Clay Claussen, Lorin Ditzler, Craig Gustaveson, Aaron Krohmer, Margaret Loomer, John Westefeld Members Absent: Maggie Elliott, Jerry Raaz Staff Present: Mike Moran, Terry Robinson, Marcia Bollinger, Iowa City Planning Department Others Present: Andy Dudler, Ann Dudler, John Richmond, Steve Schuette, Ryan O'Leary CALL TO ORDER Meeting was called to order at 5 p.m. by Chairman Gustaveson. RECOMMENDATIONS TO COUNCIL: Moved by Bourgeois, seconded by Westefeld, to support the four PIN grant proposals related to Parks and Recreation which include workshops at Grant Wood Gvm, staff for roller skating at Grant Wood Gvm, Grant Wood Neighborhood Association Harvest Party and the North Market Square Park Grand Opening. Motion passed 7-0 with Elliott and Raaz being absent. OTHER FORMAL ACTION TAKEN: Moved by Westefeld seconded by Krohmer to approve the April 7, 2010 Parks and Recreation Commission minutes as written. Motion passed 7-0 with Elliott and Raaz being absent. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None PIN GRANT APPLICATIONS Marcia Bollinger was present at tonight's meeting to review the proposed PIN grants with the Commission. Before reviewing those, however, she announced that there will be a grand opening dedication of the Wetherby Splash Pad scheduled for Tuesday, June 8, ceremony starting at 5:30. Party in the Park will follow at 6:30.. Bollinger then went on to review the Program for Improving Neighborhoods (PIN) Grant Applications. There are four grant proposals that were related to Parks and Recreation. The following information copied from a May 6, 2010 memo written by Marcia Bollinger, Neighborhood Services Coordinator. PARKS AND RECREATION COMMISSION May 12, 2010 Page 2 of 11 Workshops at Grant Wood Gym - $950.00 -Grant Wood Neighborhood Association - these workshops provide educational opportunities for residents to learn about various subjects. Previous workshops have included babysitting training, home alone after school, house painting techniques, curb appeal with the Master Gardeners, etc. The workshop themes are determined by the residents. Funds are used for honorariums, door prizes and other costs. Staff for Roller Skating at Grant Wood Gym - $2000 -Grant Wood Neighborhood Association - 68 pairs of roller skates, purchased through last year's PIN grant program and a United Way grant, have been purchased and are available. These funds would ensure that staffing is available for at least 2 roller skating parties per month at the Grant Wood Gym. Harvest Party - $950 -Grant Wood Neighborhood Association -this annual event has become a tradition in the neighborhood and provides free family fun including costume contests, jumpy castles, door prizes, haunted house and a free meal. These funds will be used to purchase food and treats for over 400 families that have regularly attended. North Market Square Park Grand Opening - $500 - Northside Neighborhood Association -funds will be used to host a grand opening of North Market Square Park once the renovation project is complete in fall of 2010. Bollinger asked if there were any comments or concerns from Commission. None noted. Loomer asked how involved Grant Wood School has been in these projects. Bollinger said that they work hand-in-hand with the school administration. She further mentioned that workshops and roller skating are scheduled at the same time so that parents can drop their kids off and then attend a workshop. Moved by Bourgeois, seconded by Westefeld, to support the four PIN grant proposals related to Parks and Recreation which include workshops at Grant Wood Gvm, staff for roller skating at Grant Wood Gvm, Grant Wood Neighborhood Association Harvest Party and the North Market Square Park Grand Opening. Motion passed 7-0 with Elliott and Raaz being absent. OPTIMIST CLUB FUNDRAISER: Ryan O'Leary was present at tonight's meeting to discuss ideas for the Optimist Club. He noted that the Optimist Club of Iowa City has been in existence for about 61 years and for about 45 of those have been selling holiday trees at the Dairy Queen. They typically raise about $25,000 a year and donate every dollar to youth oriented programs. The Optimist Club is proposing that rather than signs being put in place to commemorate their donations, they would like to plant symbolic trees in these areas and then perhaps a bolder with an inscription. Their request for proposal includes planting a couple of evergreens at the entrance to Napoleon Park and then this fall as renovations happen in College Green Park would like to plant a couple of trees near the play structure. Next year they would like to look at planting trees at Boys Baseball PARKS AND RECREATION COMMISSION May 12,' 2010 Page 3 of 11 and probably out a Kent Park where they previously built an education center. It is also their hopes over the next few years to earmark donations for projects like North Market Square and the Terry Trueblood Recreation Area. They would like to do a larger project such as planting 20-30 trees at TTRA. O'Leary asked for feedback from Commission. Gustaveson said that he thinks it is a great idea. Westefeld agreed. Gustaveson sees the Optimist Group doing this for several years to come and expressed his thanks to the Optimist Club and all that they have done for the Community. AFFILIATE GROUP DISCUSSION: Moran presented the affiliate group proposal to Council at their work session a couple of weeks prior to this meeting. At that time there were very few questions from Council. At the Council Meeting on Tuesday, Boys Baseball and Kickers were both in attendance and presented their concerns. At that time Council determined that it was necessary for there to be more dialogue regarding this policy. They asked that Moran schedule a meeting between Council and the Parks and Recreation Commission. Moran feels that with their limited number of meetings in the summer, this may be difficult to do. Therefore he proposed that instead the Commission meet again with the affiliate groups individually and report back to Council. Bourgeois, who was also at the Council meeting, said that he was surprised by the Council's suggestion considering all the time and effort that has already been put in place by staff and Commission. Gustaveson expressed his disappointment in the newspaper article which he felt accused Commission and staff of not listening to the affiliate groups. Gustaveson feels that it is quite the opposite, that the groups are not listening to staff and Commission. He noted that the Commission and staff have been working on this proposal for nearly a year, have met with those groups that expressed their concerns, and have made accommodations for those groups based on their statements. He feels that at some point, staff and Commission have to say that these facilities belong to the City and that there are costs involved in maintaining them. Ditzler asked Commission if there is something that the group should do to respond from a PR standpoint as it seems that the problem is perception. Moran acknowledged that there is a good relationship between the City and most of these groups. However, staff often talks only with a couple of individuals from a group and never to the entire group. Therefore, many are getting bits and pieces of information and not all of it is correct. He further noted that while Council is in agreement that there is a need for a fee structure, they are not sure that the process is yet complete. Ditzler asked if that opinion was based on what Moran had told them or what they were hearing from the affiliate groups present at their Council meeting. Moran feels it was based on what they heard from the groups. Ditzler believes that the proposal to meet with these groups is a good idea. Gustaveson said that he would rather that the groups come to a Commission meeting and address the entire group. He also feels that writing an editorial for the opinion page explaining all the details of the proposal is a good idea. Claussen said that he was offended by some of the comments made in the paper. He would request that the Press Citizen reporter talk to the Commission and staff as well. Moran reported that some of the groups still have angst about donating a large amount of money, i.e. $50,000 to put in lights, and then only getting one year of credit. Kickers PARKS AND RECREATION COMMISSION May 12, 2010 Page 4 of 11 has donated over $417,000 over many years and so feels that that should count for something more than just one year of facility usage. Moran acknowledged that it is difficult to know where to draw the line when it comes to donations and getting free facility usage based on that donation. Krohmer asked if it would be possible to send out a request for information to affiliate groups asking them for their membership statistics, specifically if they give scholarships and also for resident status, finding out what percentage are Iowa City residents and what percentage are nonresidents. Krohmer stated that the question he receives from the public most is why are tax payers paying for maintenance of facilities that are being used mostly by nonresidents. Having the exact numbers would help in answering this question. Gustaveson said that he too would be interested in finding out which of these groups offer scholarships. Ditzler wants to be sure that the groups understand that by us asking for this information, we are not changing the proposed policy. Krohmer said that he sees it as just an extension of a request we have already made. If they don't have numbers available, he does not expect them to look at every registration form to gather the information. He doesn't want them to spend that kind of time on getting those numbers. He would just like to be able to answer that question when asked. Westefeld asked how many affiliate groups there are. Moran reported 17. Westefeld then asked how many of the 17 are unhappy about this proposal. Moran stated that none of them are happy about paying a fee; however, the most unhappy is Boys Baseball, Girls Softball, Kickers and Camera Club. The rest of them know about it and Moran has spoken to them but they did not attend a meeting. Westefeld asked why they are upset, is it primarily how much it is or is it just having to pay a fee of any kind. Moran says that he feels it is more philosophical, that they are used to not paying anything for these facilities. Schuette stated that the City and Girls Softball are partners who worked together to create and improve the program and the facility. It was their understanding that the City would maintain the facility and that Girls Softball would operate the program. Now it is the perception of many that one partner is charging the other partner for doing their half. Even though the proposed fee is only 10% of the full cost, the perception is why has Girls Softball done this for so many years if they are going to be lumped in with all of the other affiliate groups that do not donate money to the City. Krohmer agrees there is a value to the City for that service but there is a greater value to the families that are actually participating and this is where he can't comfortably ask tax payers that aren't participating in these programs to fully fund the maintenance for the families that are participating. He also thinks they are great programs so does not want to push them out of existence so there needs to be some level of agreement that allows both the people who are paying property taxes and don't use these facilities to feel it is a good relationship that allows the programs to continue in a way that also serves their community. The numbers are where there seems to be a disagreement. Gustaveson said that Commission did address this by making the caveat that when a group makes a donation to the City the fee would be waived. Moran noted his concern that if they assign a level of donation to receive free use of the facilities, then some groups may decide to donate a much lesser amount than in the past. Krohmer said PARKS AND RECREATION COMMISSION May 12, 2010 Page 5 of 11 that this, however, would not be in the best interest of the kids. Krohmer also noted that Boys Baseball talks as if they have proprietary control of the fields. Moran stated that this is not the case, the land is owned by the City. O'Leary stated that as a member of the public he suggests that staff and Commission develop a plan that is fair and equitable to those who do donate. Claussen said that one of the problems is communication because the information is being filtered. He still talks to people on the street that think they are going to be charged 40% of the full facility use fee. There is some misinformation being given and it is helping some of these people get leverage. Gustaveson said that O'Leary made a good point and appreciates his comments. He said that from his standpoint, what we are trying to do is put the groups on an even playing field for those who donate and those who do not donate to the City. Krohmer wondered why the Commission keeps talking about perception and hurt feelings - if a group is already giving large amounts of money to the City, what negative effect would having to pay $2700 annually have on them. He further noted that tax payers are paying money to keep these fields maintained and that the users certainly should be able to pay 10% of the fee which he sees as a token amount. Ditzler summarized the discussion to this point as follows. She said that so far Commission talked about writing an editorial for the opinion page describing the proposed policy in detail. The Commission also talked of having the groups return to the Commission. She does not feel it makes sense to have the groups return to the Commission as this has already been done and it will most likely be the same discussion as before. Krohmer doesn't see any reason to meet with the groups. He would, however, like to send out the request for information. He also said that until Commission has some idea of what Council wants the group to do, everything else is just moving in circles. He feels that Commission should meet with Council if that is what Council suggested. Moran said that while they may want to meet with Council eventually, initially Commission should give them their plan of action and then schedule a meeting later if they still feel it is necessary. Westefeld said he would be fine with additional meetings but it would be important for both. the benefit of the affiliate groups and the Commission to be very clear on what the goals are of these meetings. Moran said that he would follow up with a letter to Council letting them know the plan and invite one or two of them to attend these group meetings if interested. Gustaveson asked if this meeting with affiliate groups should be a special meeting to devote their time to just this one subject. Bourgeois thinks that Commission will just hear a repeat of what has already been presented by these groups. However, meeting with the individual groups would allow Commission the opportunity to detail the plan with them. Ditzler thinks that the most efficient way to handle this situation is to respond to those groups that are upset. She does not see it as a good use of time to have them return with the same conversations as before. PARKS AND RECREATION COMMISSION May 12, 2010 Page 6 of 11 Schuette expressed that he feels that Commission should meet and have a dialogue with groups again. He feels it would be more productive to meet with the individual groups, rather than inviting them to a Commission meeting where there is not the opportunity to talk in detail. He believes this would allow for the City and Girls Softball for instance, to come to an agreement. Gustaveson summarized that it appears that it is the consensus of the Commission that 1) Moran will meet with the different affiliate groups individually , 2) Commission will write a letter to the editor clarifying the Commissions and staffs position. 3) Moran will write a letter to the Council explaining this plan. Moran noted that Commission members are welcome to attend these group meetings as well. Moved by Ditzler seconded by Westefeld, for Mike Moran and a Commission Member to meet with the different affiliate groups individually, for Commission to write a letter to the editor and for Moran to write a letter to Council explaining this plan.. Passed 7-0 with Elliott and Raaz being absent. Schuette noted that Girls Softball has had a good partnership with the City and the City is under fire. As the Girls Softball Board sees these two groups as partners, they are concerned about the best way to handle this. They want to help the City by doing something positive. One suggestion was to possibly name something in Terry Trueblood's memory. Their desire is to work through this and maintain the good relationship they have with the City. DOGPAC CONTRACT: Moran noted that the DogPAC contract is due for negotiation in June. Staff and DogPAC have already discussed the contract. It is the desire of both staff and DogPAC to hire staff to man the dog parks to assist with monitoring of the tag sales etc. While they haven't worked out all the details, the thought is that the wages for this position would come directly from dog park revenues. Whatever is left after that would be split again (90/10) between the City and DogPAC. Moran reported that in roughly running the numbers, if they paid staff $10/hr, 40 hours a week, it would cost about $36,500 for the year for both parks. The reported revenue for last year from tags was $38,000. The Legal Department is working on the contract. This contract will come up for a vote at the June Commission meeting. Andy Dudler stated that the hours may be scaled back a bit depending on the heavier populated times at the dog parks. Moran suggested that the hours be varied so that the public would not know exactly when staff is present, giving them the opportunity to go to the park when no one is there and perhaps not pay the entry fee. However, Anne Dudler thought that if this person was going to be selling tags etc., that there would be a need to have them there at consistent times. Discussions will continue regarding this. Krohmer asked why the City would continue to split the revenue after paying for the staff costs. He feels that since this is a City facility, that the entire amount of revenue should go to the City. He stated that he will oppose any contract that continues to financially support DogPAC with City revenue. He feels that it is necessary to thoroughly examine why the City continues to fund this organization. Gustaveson expressed his disagreement with Krohmer's statements. Gustaveson said that his fee for DogPAC tags is no different than someone signing up to play baseball, that it is a user fee and he wants his money to go back to DogPAC as a dog park user PARKS AND RECREATION COMMISSION May 12, 2010 Page 7 of 11 to put in the park benches and trees, and the development of future parks. He also said that one of the reasons these are called public parks is that tax dollars support some of it, whether it is a basketball court, tennis court, or soccer fields. Some of that money is coming back to support that. He suggested that perhaps DogPAC collect the money directly and then that becomes their money and leave it up to them to decide what to do with it. Ditzler sees it as being similar as these other affiliate groups, in that they provide a service that the City is not able to provide. The service is having a place for dogs to run. Krohmer does not see what service DogPAC provides. Gustaveson noted that there would not be a dog park if it wasn't for DogPAC. He feels it is no different than Kickers or anyone else getting a program going, and that DogPAC was instrumental in getting these parks built. Moran noted that the contract will come to Commission in June for a vote. Andy Dudler said that he does appreciate Krohmer's concern and thinks it is valid. However, he further noted that it is important to keep in mind that the money isn't going anywhere else so it is benefitting everybody. Ann Dudler reported that Rita's Ranch was $32,000 so if there is a desire to open another neighborhood dog park, it will take a substantial amount of money. The increase in revenue this quarter comes from the work of volunteers from DogPAC sitting at the entrances, talking to people, educating them and letting them know where and how to get their tags. Westefeld noted that the challenge is how to balance these relationships and figure out what is the Commission's role verses the groups role and what is fair and what is equitable. The main finding is that there is more to that decision than just money. Gustaveson exited the meeting at 6:15 p.m. Andy Dudler noted that their future direction is looking at Willow Creek Park for the next neighborhood dog park and there are people who are interested in donating substantial amounts of money to help that happen. LAND ACQUISITION DISCUSSION: Moran reported that the following are information items only - no need for action by the Commission at this time. Mackinaw Village: Moran noted that Casey Boyd owns this property. He has proposed to the Planning Department that he donate lots 40 through 46 to the City. These properties are next to the interstate. Staff feels that this would only mean more maintenance hours for them. Moran said there might be more interest if he were offering land on the other side of the trail that would then allow for trail expansion. Krohmer suggested that perhaps Project Green could help in planting several trees on this land making it a natural area. Claussen noted that being a realtor himself, he sees the benefit for the developer to donate this land as it would not be sellable property. Robinson said that City Code says that we have to mow this property. PARKS AND RECREATION COMMISSION May 12, 2010 Page 8 of 11 Terra Verde: This property is near Rochester Avenue. The developer is looking at donating Outlot A which is densely covered in trees, very wet, and has a number of issues. Pending at this time. Chadek Property: This property is located directly south of City High School on Court St. The Chadek family currently lives at 515 Third Ave. Moran met with the three daughters and they wanted to know if the City would be interested in the property. When Carl Chadek passed away his will stated that the business had to be gone from the property by the end of this year. The grandson (Mike) has taken the business over and he has found property out of town in the county. The daughters are now trying to figure out what to do with this property. They have been approached by a couple of realtors to see if they want to subdivide and build on it. Moran asked if Carl had wanted anything specific for the property. The daughter said no but that he liked to garden and would probably approve of garden plots placed on this property. Moran asked them if they were interested in donating or selling the land. They are interested in selling the land. They are going to get it appraised. The last appraisal was done in 2001 and was $291,000. It is estimated that a new appraisal will likely come in between $450,000 and $500,000 if appraised for a subdivision. If it was appraised as parkland it would be appraised at a lesser amount. It is a five-acre piece of land and would make an excellent neighborhood park. Krohmer noted that the Planning Department has identified it as one of the key pieces of parkland that they want to acquire. Nloran will ask the family for a parkland appraisal to see the difference and will then negotiate. Krohmer noted that it would not just be the Parks and Recreation Department involved, that it would also be the Planning Department as they have identified it in their Master Plan. COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS: Claussen noted that he believes that Commission would not want the affiliate groups going to Council and that it would be better resolved by working with these groups individually. Robinson reported that he was told at a meeting regarding the Boys Baseball property, that the City doesn't own it, that it is theirs. Robinson started doing research on this through staff files and the assessor's office. He found that the largest portion of the property was sold to the City for $1. It does not say anything in the transaction that it must be used for baseball, it just says that it was sold to the City. Mary Villhauer believes that there was a caveat put on that property that it was to be used for Boys Baseball and that is not the case. Westefeld asked about the history of the sign that says priority for all diamonds will be given to Boys Baseball. Robinson said that was put up so that when those other than boys baseball participants are refused use of the fields, they can refer them to this sign. Moran stated that this has become an issue when Boys Baseball reserves all of the fields whether they are needed or not. He feels that it is situations like these where a memorandum of understanding will be very helpful. Krohmer discussed his idea of allowing public artists to bid on projects for the City. He met with an individual with the U of I's Sculpture/Ceramics Department. They came up with two different ideas: 1) for asculpture -the idea is to essentially work out a program with the University Art Department that has grad students and undergrad PARKS AND RECREATION COMMISSION May 12, 2010 Page 9 of 11 students going out into the community to find an area where they would like to place a piece of public art. They would then come before the Commission with a design proposal and their ideas for financing the project. Artists would not be expected to be compensated as this would be part of the learning process for them. 2) Ceramics -the idea is to simply sit down with the Ceramics Department and perhaps a person who handles classes at the Recreation Center and discuss ways that we can start combining resources. Possibly do a class through the Recreation Department and possibly firing things made by the classes at the Recreation Center, etc. Krohmer wants to get the majority of the Commission to approve this idea before he moves forward. Krohmer also noted that the Art Department is getting some pressure to get involved with the Community and this is one of the ways they would like to do it. Ditzler asked if there would need to be discussion with the Public Art Commission. Krohmer said that that would have to be worked out as well. Westefeld feels that continuing to have a dialogue about this is fine with him feeling that it is important to partner with the University on multiple levels. Loomer thinks that when it reaches a good point that it needs to be put on the Commission agenda. Bourgeois supports the idea. Ditzler noted that partnering with the University on projects is something that was in the Master Plan as well. CHAIRS REPORT: No report. DIRECTORS REPORT: Naming Policy: Dale Helling has asked that Moran and one Commission member as well as the Library Board of Trustees and a member of the Animal Foundation meet and discuss and rewrite the policy. He will then present to Helling and Council for approval. Moran announced that Cindy Coffin, Therapeutic Recreation Specialist with the Iowa City Recreation Division received the IPRA Professional of the Year award which was renamed the Trueblood/Slattery Award. Moran announced that the Wetherby Splash Pad dedication will take place on June 8. It will open on May 28. North Market Square: Steve Ford from Confluence turned in plans for North Market Square. This will go out to bid this summer. The goal is to have project finished by September 15. Kickers: Statue dedication on Saturday, May 15 at 10:00 a.m. The Trueblood family will be present. These statues are located next to the north side concession building. Robinson reported that the ballfield budget for FY10 is $162,850. This is what is paid for staff to maintain the fields. These include two fields at Kickers, fields at Napoleon, Mercer and City Park. The soccer budget for FY10 is $119,317. Information item only. PARKS AND RECREATION COMMISSION May 12, 2010 Page 10 of 11 TTRA: Presentation by Snyder & Associates in June to report phases and budget. Westside Recreation: Staff went to the Iowa City School District to talk about Crossings Elementary School and express interest in a shared use agreement between the City and the school. However, Coralville has since decided that they are going to provide water and sewer, therefore, that building will stay within the Coralville City Limits. Moran withdrew the proposal at this point. Park Use Ordinance: This will be an item on the June 1 City Council Agenda. There has never been an ordinance allowing staff to regulate who can and cannot sell items etc. in the parks. This ordinance will allow authority to the Parks and Recreation Director to make these decisions. Farmers Market: Staff has been approached by Kurt Friese on behalf a group who would like to pursue the possibility of a year round farmers market by acquiring a new location for such. Moran told them that at this time the City will not be involved, however, will help gather information etc. if needed. The June Commission meeting will be held at the Beckwith Boathouse Conference Room. ADJOURNMENT Moved by Westefeld seconded by Bourgeois to adiourn the meeting at 7:00 p.m. Motion passed 6-0 with Elliott, Gustaveson, and Raaz being absent. PARKS AND RECREATION COMMISSION May 12, 2010 Page 11 of 11 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2010 NAME M ~„~ O O 1~ N O `~ r O M ~ O ~ O ~ TERM r N N M ~ r b ~ O = P ~ GO 07 ~ ~ N ~- EXPIRES David 1!1/11 O/E O/E O/E X X X Bourgeois Clay 1/1/14 X X X X X X Claussen Lorin 1/1/13 O/E X X X O/E X Ditzler Maggie 1/1/13 X X O/E X X O/E Elliott Craig 1/1/11 X X X X X X Gustaves on Aaron 1/1/13 X O/E X X O/E X Krohmer Margaret 1/1/12 X O/E OIE X X X Loomer Jerry Raaz 1/1/12 X O/E X X X O/E John 1/1/14 O/E X X X X X Westefeld KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time IP20 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT MAY 12, 2010 - 5:15 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Le Ann Tyson MEMBERS EXCUSED: Caroline Sheerin STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen, Stan Laverman OTHERS PRESENT: Nila Haug, Dennis Nowotny, Mark McCallum, Pam Michaud RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Vice-Chairperson Barbara Eckstein at 5:18 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Anderson, Eckstein, Jennings, Tyson (Sheerin absent). CONSIDERATION OF THE MINUTES FOR APRIL 14T" 2010: Tyson motioned to approve the minutes. Anderson seconded. Eckstein invited discussion. Iowa City Board of Adjustment May 12, 2010 Page 2 of 11 Eckstein offered three typographical corrections. Eckstein and Walz discussed whether or not Eckstein had been on the Board at the time of the decision referenced in the "Board of Adjustment Information" section of the minutes. Walz said she would look into it. Tyson noted that her first name is spelled incorrectly. A vote was taken and the minutes were approved 4-0 (Sheerin absent). SPECIAL EXCEPTIONS: EXC10-00004: An application submitted by Nila Haug and Dennis Nowotny for a special exception to allow a Bed and Breakfast Inn to operate in the Central Business Service (CB-2) zone at 511 E. Washington Street. Walz explained that the zoning code allows two different types of bed and breakfasts: 1) a Bed and Breakfast Homestay, and 2) a Bed and Breakfast Inn. Walz said that both of these are considered accessory uses to the principle use of single-family owner-occupied housing. Walz said that a Bed and Breakfast Homestay allows three rooms for rent, and is reviewed administratively by the Building Department. A Bed and Breakfast Inn allows up to five bedrooms for rent, and is allowed by special exception only. Walz stated that the subject property at 511 East Washington Street is located in the CB-2 zone, a commercial zone located just outside the Central Business zone. The applicants have operated a bed and breakfast at the adjacent property, 517 East Washington Street, since 1990. In 2009, the applicant was issued a citation for renting rooms at the subject property without a rental permit. Upon inspection, it was discovered that rooms had been created and bedrooms added without the necessary building permits. Walz said there are currently five bedrooms in the house. The Building Official has provided the applicant with a list of items that must be brought into compliance with code, and a new inspection is scheduled for May 24, 2010. Walz said that the applicant is court-ordered not to rent more than three bedrooms under the provisions of the Bed and Breakfast Homestay use. The applicant is requesting the special exception to increase the number of bedrooms that can be rented out from three to five. Walz reviewed the requirement of the Specific Standards for this special exception. She said that Bed and Breakfast Inns are allowed in owner-occupied, detached single-family dwellings subject to the approval of the Board of Adjustment. Walz said that the first criteria states that the principal use of the property must be as an owner-occupied single family dwelling, the definition of which has been outlined in the staff report. Walz said that the applicant maintains that the principal use of the property is as asingle-family, owner-occupied dwelling; however, no evidence has been provided to support this. Walz noted that the applicant has requested that all five of the bedrooms be made available for rent. She said that staff believes that the application cannot satisfy the requirement that the principal use of the property is owner- occupied single-family if all five bedrooms are available for rent; the owner-occupied, single- family use would be subordinate to the rental use if that was the case. Walz said that staff is in agreement with the applicant for most of the other specific criteria, and that the property is otherwise suited to be a Bed and Breakfast Inn, because: 1) they cannot rent Iowa City Board of Adjustment May 12, 2010 Page 3 of 11 more than five bedrooms; 2) there is sufficient off-street parking; 3) there are no resident employees; and, 4) there are no rooming units on-site. In terms of the required rental permit, the applicant does have a scheduled re-inspection for the code violations found on the initial inspection. Walz next addressed the General Standards. Walz stated that the first standard states that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. She said that staff believes this criteria cannot be satisfied until the Building Official has inspected the property to ensure that all items meet code. The second standard requires that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Walz said that the intensity of the use would be appropriate for the neighborhood, as the area contains a mix of residential and commercial uses. She said that for this reason, the proposed exception also will not impede the normal and orderly development and improvement of the surrounding area. Walz noted that because the subject property is in a fully developed neighborhood, all of the required drainage, access roads, utilities and necessary facilities are already in place. Walz said that ingress and egress would typically be from the alleyway and are adequate for the proposed use. Walz said that it is staff's belief that the Building Official must re-inspect the property before it can be determined whether or not the exception conforms to all other aspects of the applicable regulations and standards of the zone. Staff further believes that if all five bedrooms are made available for rent, the application cannot satisfy the code requirement that the principal use of the property is owner-occupied single-family. Walz stated that the Comprehensive Plan does not specifically address bed and breakfast uses; however, it clearly supports a diversity of businesses and uses to serve the community. The Plan does directly address public safety and includes goals to "continue to maintain the prevention of fire as the primary objective of the fire department" and to "actively participate in the enforcement of building and fire codes." Before staff could make a recommendation on this application, the Building Inspector must verify compliance with all fire protection, wiring, plumbing and building codes. Additionally, there is the outlying issue of whether or not this property meets the requirement of being principally asingle-family owner-occupied use. Given that the building has five bedrooms and that the application requests the use of all five bedrooms for rental purposes, the principal use of the property is called into question. Staff believes that making all five bedrooms available for rent would make the owner-occupied use a secondary use for the property, thereby making it impossible for the property to meet the first specific criteria of the special exception requested. Walz said that staff recommends the denial of EXC10-00004, an application for a special exception to establish a Bed and Breakfast Inn at 511 East Washington Street. Eckstein invited the Board to ask questions of staff. Anderson said that he assumed that a hotel or motel use could be approved in that zone, and asked if that use would allow the property owner to operate the facility as they wished to under a different title. Walz said that a Guest House would be permitted in the zone, but that she would Iowa City Board of Adjustment May 12, 2010 Page 4 of 11 have to check on whether or not a hotel or motel could be. Walz explained that a Guest House can be non-owner occupied, and permits up to nine bedrooms to be rented. Walz said that a Guest House requires a license from the state in addition to compliance with city code. Walz noted that Stan Laverman from the Building Department was present and available for questions. Laverman conducted the inspection referenced in the staff report. Walz confirmed that a hotel use would be permitted in the CB-2 zone. Eckstein opened the public hearing. Nila Haug, 517 East Washington Street, said that she had been successfully operating the Golden Haug Bed and Breakfast for 20 years. Haug said that she and her partner had acquired the home next door, 511 East Washington Street, and that they live in both residences at some time or another. She said that they have no resident employees, but that her 89-year old mother, her brother, and her son all have come to live with her, and help out around the bed and breakfast. She said that at one time she herself had to go stay at the Brown Street Inn because there were not enough rooms available in her homes. She said that they live in the rooms that are not occupied. Haug said that the rooms at 511 East Washington are quite expensive by some standards because it is a newer facility, and that there are not a lot of guests that stay there. She said she would like to be able to increase her income since there are so many people now living in her home. Haug said that if all five bedrooms were ever needed for rental, then they would give up their bedroom and rent it out to guests. Haug said that when she opened her bed and breakfast 20 years ago, there were no codes concerning bed and breakfasts in the CB-2 zone. In 1998, she was informed that she would be required to have a permit to operate her bed and breakfast, and to submit to inspection. She said that the more rooms she can rent out, the more hotel/motel tax she can charge and collect for the City. Haug said that they would like permission to rent all five bedrooms, noting that they are hardly ever occupied. She said she could not really provide evidence that they reside at 511 East Washington other than utility bills, unless she was to invite staff over to witness them sleeping in the residence. Jennings asked if there was a reason that Haug did not pursue Guest House status if in fact the idea was to have a separate property with available rooms. Jennings noted that there was no special exception required for a Guest House. Haug said she had originally requested Guest House status, and was told by Jan Ream, Code Enforcement Specialist, that she would need to apply to the State of Iowa for that permit. Haug said that when she applied to the State for the permit, the State said the City had said she could not do it. Haug said she did not know who the State spoke with regarding that. Walz deferred to Laverman on that issue. Laverman, Senior Housing Inspector, said that a Bed and Breakfast Inn or Homestay would be considered a residential use, and a Guest House is a commercial use. A commercial use would require compliance with current commercial building code regarding separation, stairways, ingress/egress, etc. Laverman said it is difficult from a building standpoint to make an older home comply with the commercial building regulations required for a Guest House. Haug asked what Laverman meant by "separation." Laverman explained that each unit would be considered a separate unit, and the owner would have to provide documentation that there was clear separation, with no shared utilities, and the required fire separation. Tyson said she understood Laverman to be saying that separation between each bedroom unit would be required. Greenwood Hektoen said she believed the focus should stay on what the Iowa City Board of Adjustment May 12, 2010 Page 5 of 11 application is actually requesting. She said there is a lot of history with this property, and the Board needs to consider on what is being requested on the present application. Anderson said that it seems the primary issue is one of occupancy. He asked if there was not one of the five members of the family that could claim to reside for 90 days at the subject property. Dennis Nowotny, 517 East Washington Street, said that approximately 85% of his belongings have been at 511 East Washington Street for three years. He said that other than a bed check, he did not know what else it would take to show he was a resident there. Tyson asked how the applicant had fallen into the situation where they were not complying with code at the property at 511 East Washington Street, when they had successfully operated an identical business next door for 20 years. Nowotny said that city code allows three unrelated people to live in your home without having to mess with inspections and rental permits, etc. Nowotny said they had owned the 511 East Washington Street property for about four years, and have been operating it on the premise of having roomers under those guidelines since that time. Haug said that last autumn she began replacing basement windows. At that time, an inspector stopped by asking if she had a permit to do so, as changing the size of the windows had made acquiring a permit necessary. Haug said she had been unaware that a permit was necessary and had asked if she could apply for one the following business day. When she applied, she was told she could not get a building permit until she applied for a rental permit because she was putting egress windows in the basement. She said she was simply trying to get more light into the basement by enlarging the windows. She said that ultimately they went to court with the City because she did not need a rental permit and they were attempting to force her to apply for one. She said that it was determined that it was not enough for the family to live in the house, it had to be the deed-holder. She said this is how the whole mess got started. Eckstein asked if it was the case that the 511 East Washington Street property has, up to this point, been operating as a bed and breakfast, renting three rooms with one or more members of the applicant's family living in the other two rooms. Haug noted that only one bedroom was occupied by family members, but that it was not always the same bedroom because specific rooms were sometimes requested. Haug said that it was not a traditional bed and breakfast, because breakfast is not eaten there. She said the rooms are large and have living rooms that form suites; a lot of people do not eat breakfast, which was one reason why they originally called it an inn. Eckstein said her understanding is that there were two unresolved issues with the application: one concerning occupancy, and a second issue concerning code compliance for the rental/building permits. Walz said that was correct. Jennings asked staff if there had been additional evidence regarding owner-occupancy that had been requested but not submitted. Greenwood Hektoen said that she regarded the oral testimony given at the meeting to be the additional evidence. Greenwood Hektoen said that the burden is on the applicant to establish that they meet the necessary criteria, and that in staff's opinion that burden has not been met. Tyson asked what the applicant had presented in terms of establishing owner-occupancy. Greenwood Hektoen said that only the testimony given before the Board. She said it is up to the Board to weigh the testimony. Jennings asked if it is correct that the applicant is asserting that at any given time one or more of the family members Iowa City Board of Adjustment May 12, 2010 Page 6 of 11 is occupying one or more of the five bedrooms at the subject property for a minimum of 90 days. Jennings said that his understanding is that while the bedroom the applicant is living in may change, they are asserting that they remain residents of the property. Walz said that the issue of the applicant's occupancy is unclear in two ways. First, there is the issue of "owner-occupancy," in which the deed-holder is an occupant of the property. The second question is: what the principal use of the property? Staff believes that if all five bedrooms are made available for rent, then the principle use cannot be owner-occupied, single- family housing. She said that it sounds as though the principal use would be rental property with the owners occupying the property from time to time. Anderson said that while he is troubled by the same question, the 90-day threshold is so low as to contradict the idea of owner-occupancy. Walz said that the 90-day threshold defines who is an owner-occupant, it does not define the principal use of the property. Haug asked what the difference between owner-occupancy and principal use was. Walz said that principal use would be the primary use of the property. Haug said that if the principal use of the property is that it must be owner-occupied, and if the definition of owner occupied is 90-days, then the principal use requirement is fulfilled by their arrangement. Greenwood Hektoen noted that the principal use needs to be as asingle-family dwelling. Anderson said that his understanding is that there are two thresholds that need to be met: the owner occupancy and the primary use of the property. He said that if the applicant were to live in the property 90 days a year but to rent out all of the rooms the other 275 days, then the primary use would not be as asingle-family residence, but as a rental unit. Haug assured Anderson said that she would be retired if the rooms were occupied 275 days a year; she said that her occupancy at 511 East Washington Street was quite low. She said the reason she runs the bed and breakfast is because she likes to decorate, and she likes the lifestyle, and she likes the fact that she is offering choices to visitors to the area. She stated that she and her family live in the home more than they have guests there. Tyson noted that the testimony has been that there are five bedrooms, but not how many kitchens/baths are in the unit. Haug said that the home has five bedrooms, five bathrooms and three living rooms. Tyson said her question is how does the applicant actually do their living in the home if it is asingle-family dwelling; how much and what space do they occupy? Haug said there is a bathroom for each bedroom and they use the bathroom for the suite they happen to be occupying. Haug said that for 20 years her family has lived out of a damp basement, and that they like to live in a nice space, which is why they live in 511 East Washington Street primarily. Haug said that since her 89-year old mother came to live with them, they use the rooms in the 511 East Washington Street home when they do not have guests at the bed and breakfast next door. Anderson asked if the rental permit specifies which bedrooms will be occupied by renters and which by the owner-occupants. Laverman said that under the current agreement the City cannot specify which rooms can be made available for rent so long as all rooms meet requirements and are habitable. He said that the Board may be able to do so, but the inspection office cannot. Greenwood Hektoen noted that the rental permit is for the whole dwelling. Eckstein invited other members of the public to speak. Iowa City Board of Adjustment May 12, 2010 Page 7 of 11 Mark McCallum, 932 East College Street, said that he used to own the Brown Street Inn. He said that he had applied for this same special exception in 1994, and that to his knowledge his is the only one that has been granted in an RS-5 zone. McCallum said that he sold the Brown Street Inn approximately seven years ago, and that it remains in operation. McCallum said that the primary concern expressed by neighbors when he purchased the home was that it would become a rooming house. He said that as people came to understand him and his business, they came to view the inn as an asset to the north side neighborhood. McCallum said that it can be difficult for some people to understand innkeepers, and that they often fall between the cracks when it comes to zoning matters. McCallum said that as a commercial real estate agent he understood that the "highest and best use" for all three of Haug's properties would be to tear them down and develop apartments in their stead. McCallum said that the proposed use, an inn with five guest rooms, would be less than half that of an apartment building in terms of density, and significantly less in terms of income potential. McCallum said that whether it is called a Guest House, a Bed and Breakfast, or a Hotel, the property would provide lodging, or "Hospitality-Oriented Retail" as the zoning code calls it. McCallum said that Haug is bringing something very vital to this CB-2 neighborhood. McCallum said that the definition of the zone in the zoning code is to provide a transition between residential and commercial. He asked the Board to consider the uses that could be allowed in the place of this bed and breakfast. He said that South Gilbert Street could easily be replicated in just those three lots. McCallum said that if Haug was focused on money, she would hire a realtor, sell the lots for development, and could easily walk away with a million dollars. He said that, instead, Haug is all about lifestyle, and that he is asking the Board to consider that aspect of this application. He said her goals are in keeping with the Comprehensive Plan and she is trying to bring some unique transitioning between the residential areas and the intensely commercial downtown areas. McCallum noted that it is very common for innkeepers to move from room to room in their house. He said he does the same thing in his apartment building as he is renovating it, and did it at the Brown Street Inn as well. McCallum said that when he was renovating the Brown Street Inn he really appreciated how the City worked with him, even though he may not have met every criteria for doing so. He said that he hopes the Board takes those issues into consideration. Eckstein thanked McCallum for the useful context he had provided. She asked if McCallum had applied for the entirety of the sleeping areas to be rentable when he applied for his special exception for the Brown Street Inn. McCallum noted that the Brown Street Inn actually had six sleeping areas. He said that innkeepers move around to accommodate their guests, often based on pricing and marketing to individual customers. McCallum said that Haug actually has themed rooms that are very specific to individual taste. He said having the flexibility to offer different rooms at different prices is necessary for innkeepers. He also noted that there are peak times that need to be taken advantage of, such as weekends with home football games and other special events. McCallum said that it is not uncommon to have an occupancy rate of less than 50%. If Haug were to put an apartment building on the lot, it could have 13 apartments with three bedrooms each, which would mean at least 39 occupants on the same parcel. On a busy night, McCallum said, Haug likely has no more than five or six people in that space. Greenwood Hektoen redirected McCallum to the question of whether or not the Brown Street Inn's special exception retained a room for the owner to occupy even at maximum rental occupancy. McCallum said that was correct. Iowa City Board of Adjustment May 12, 2010 Page 8 of 11 Eckstein asked why the applicant chose to come before the Board at this time, given the fact that there would be another meeting in June and that there was an outstanding inspection. Haug said that the permit has been paid for, the inspection was held, and all but one of the outstanding inspection issues has been resolved. Haug said that she had asked Laverman and Ream a question about the outstanding issue and that they had told her to go the library and research the matter. Haug said that they had told her the zoning code requires a landing (rather than the step that is there presently) at the exit of the home. She said she asked Ream to provide her with a copy of the code and Ream told her it was proprietary information and she needed to go to the library and look it up. Haug said she wants to see the code prior to spending $1,000 for stones that she may not even really need. Laverman said that all outstanding issues from the initial inspection have not been addressed. He said that all plumbing fixtures that have been added need permits, and the permits have not yet been applied for. The renovations that were done to the property also require permits, and none of those have been applied for either. Haug offered acounter-argument to Laverman's comments, however, she did not speak into the microphone so the comments were lost to the record. Greenwood Hektoen advised that the details of the inspection were for the applicant and the Housing Inspections Department to resolve in another forum. Pam Michaud, 109 South Johnson, said she had been neighbors with Haug since 1990. She said that she and the other neighbors present have been intensely involved with historic preservation in Iowa City. Michaud said that she owns rental properties, which she furnishes and rents primarily to international scholars. She said that such places are a tremendous asset to the area, and that their neighborhood is a well-kept, active, trendy neighborhood. She said she supports the use of codes and that she believes the code violations are resolvable, but that she wanted to reiterate what McCallum had said about the unique service Haug's property provided. She said that she hopes Haug retires after she herself does, because she does not want to have to look at yet another under-occupied, under-taxed apartment building. She said that she knows it is not an issue for this Board, but that it is a painful fact that small landlords pay 100% taxes, whereas huge landlord operations like the Clark family pay 50% taxes because they can take the steps necessary to have their apartments zoned as condos. Michaud said that historic properties maintain the character of their settings. She said that the City has poured a lot of time and resources into historic properties, specifically in that neighborhood, and she would like to see Haug's properties stay in the neighborhood. There were no further comments from the public and Eckstein closed the public hearing. Eckstein invited a motion. Tyson moved to approve EXC10-00004, an application for a special exception to allow a Bed and Breakfast Inn to operate in the Central Business Service (CB-2) zone at 511 East Washington Street. Anderson seconded. Jennings said that he is hesitant to vote for this application with so much of the inspection information still outstanding. He said he is not able to support the motion at this time. Anderson said he too is torn, because he can appreciate the benefit to the neighborhood that the inn provides. He said that he has, in fact, been charmed by the houses each time he walks by; he thinks they are a great addition to the neighborhood, and he can absolutely understand why people would want to stay there. Nonetheless, the fact that the occupancy is so much in Iowa City Board of Adjustment May 12, 2010 Page 9 of 11 question is problematic for him. He said it is not difficult for him to imagine that someone would transition between bedrooms to facilitate the requests of guests; however, it is a question as to whether the principal use of the home is as the single-family, primary residence of the deed- holder. Anderson said that having the outstanding questions surrounding the permits resolved would have been helpful. However, he is having difficulty supporting the application. He said that he could more easily support the application if it was for the renting of four bedrooms, retaining one for owner-occupied living space. Tyson said that she has trouble supporting the application as presented. She said that as much as she would like to support it, more evidence is needed regarding owner-occupancy, and she would like to have seen the inspection issues resolved prior to voting on the matter. She said she hates to vote it down without having those issues resolved. Greenwood Hektoen noted that the applicant was informed of staff's concerns about the application but opted to move forward with it anyway. Jennings said that he is very supportive of this type of use. He said he is very much aware of what the alternative might be, and that it is not necessarily an attractive one for him. He said that he is constrained by a narrow range of criteria upon which he can act. He said that of primary concern to him at this point is the violation of building and other codes. Jennings said that he cannot in good conscience vote in favor of a facility when there are outstanding code violations. He said this was not a statement about the intent of the violations, or how the violations came to be, or a comment on any of the parties involved. Jennings said he lives in a neighborhood where over-occupancy and code violations are rampant, and he finds that unacceptable. He said that he believes hospitality is an area where it is critical that basic code issues are addressed. Jennings said that he understands the frustrations and difficulties that sometimes arise between the City and homeowners in these cases, but that it is not his role to resolve those difficulties. Jennings said that he would like to offer a friendly amendment to allow the applicant to defer the application until the June meetirig so that the May 24th inspection can have taken place prior to the Board voting on the matter, which would give the Board more information regarding the inspection issues. Jennings said that this would also give the property owners the chance to restate or present their evidence regarding owner-occupancy. Jennings said that at present he is being asked to judge on the basis of "he said-she said" and that is not conducive to good decision making. Greenwood Hektoen repeated that the applicant had chosen to move forward with the application in spite of the deficiencies staff had pointed out. She said she did not believe there was anything that would prevent the Board from deferring; however, the applicant had been given that option and had chosen to proceed. Jennings noted that there is an existing motion on the floor that would first have to be resolved before a deferral could be considered. Tyson said that if the motion was to be amended then she would need to see concrete owner- occupancy information submitted and the inspections resolved before she could consider supporting the application. Anderson said that the code and permit violations are secondary in his mind at this point, as he has no doubt those will be resolved at some point in the future. The greater issue for him is the issue of owner-occupancy and the principal use. He said he did not wish to provide false optimism to the applicant that a deferral would necessarily result in a different outcome. Iowa City Board of Adjustment May 12, 2010 Page 10 of 11 Eckstein asked if the Board needed to do findings of fact and vote on the motion on the floor before considering any other options. Walz said that if the Board wished to defer, the best course of action might be to withdraw the motion and defer until such time as the inspection has taken place. Walz said that this would allow the applicant to come back the following month to show inspection issues had been resolved. Greenwood Hektoen said that the Board would not have to do findings of fact to defer. Tyson withdrew her original motion. Tyson motioned to defer the application until the June meeting, and asked that the applicant provide substantial proof of occupancy and proof of inspection results. Greenwood Hektoen stated that if the Board had found any other issues in the staff report that they felt needed to be further addressed, now would be the time to make those known. Jennings seconded. A vote was taken and the motion to defer carried on a 4-0 vote (Sheerin absent). Walz stated that the next meeting is on June 9, 2010, and this will be the first item on that agenda. She said she anticipated at least one other item on that agenda. She asked if all Board members would be present for that meeting, and they indicated that they believed they would be. Anderson asked if he could offer a general observation to the applicant about the case, and Greenwood Hektoen said that he could. He said that he believed there was still an outstanding question as to what qualifies as evidence of occupancy. Anderson said that to his mind, given the fact that there are five members of the family, if there were multiple deed-holders residing there or receiving mail there that would suggest to him that the property was their primary residence. Tyson said that for her that would involve a history of mail, not just mail delivered in the next 30 days. BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Tyson motioned to adjourn. Anderson seconded. A vote was taken and the motion carried 4-0 (Sheerin not present). The meeting adjourned at 6:23 p.m. ~v a 0 L M~ W 0 N I t~ i O V o~C a~ C ~w, W Q L d L O N O M O O O~ ~ _ N x x x o x X K K K K '~ O` V V v M O ^ ^ ~ O N M /~ O X X /~ VI N ~ ~1 M - L _ = ~ ' - - y X o 0 0 0 0 ~ W O O O O O O C = 'i G~ ~ ~ d ~ 'a 0 s O ~ v c ~ ~ Q ~ c ~ H Z ~ ~ ° _ _ ; c ~ ~ o ~ oc m ~ u ~ N H 7 v ~ C C H h N ~ Q Q .-~ '~ N C O a a C N GJ +-+ O C -v t n u L L ld N L .~ -~ v ~o N ~7 L u L d L ~+ .~ L N ~C C L N C •~ ~ ~ ~ ~ ~ Z Z X O O Z ~,,, w ~`~~ 6, MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 17, 2010 - 6:00 PM -INFORMAL LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Ann Freerks, Elizabeth Koppes, Charlie Eastham, Wally Plahutnik, Michelle Payne MEMBERS ABSENT: Josh Busard, Tim Weitzel STAFF PRESENT: Bob Miklo, Karen Howard, Jacob Rosenberg, Sara Greenwood Hektoen, Kristin Watson OTHERS PRESENT: None CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Chairperson Ann Freerks. ZONING CODE ITEMS: 1. Discussion of an amendment to the Zoning Code to allow more flexibility in the application of development standards as they apply to nonconforming developments. Howard said this is often the most difficult section of the code to understand. She said that because each property is different and years of development took place prior to the implementation of current code, it is difficult to write code so that it applies to every situation and yet is still reasonable. She said that if there was no nonconforming section of the zoning code then property owners would have to bring their whole properties into compliance whenever the code or use changed. She said the purpose of this section is to provide some relief for property owners as things change over time. Howard explained that the code had been liberalized in 2005 to allow for more outdoor storage; however, at that time screening standards for that outdoor storage were also put in place. Similarly, there was no screening of parking lots or required separation between the street and the parking area prior to the code changes. There was also no screening required for outdoor work areas. Howard said that one of the problems that has been experienced with the new code is that there is sometimes not enough space on the property to accommodate the required setbacks and screening. In those and similar cases, property owners began going through the minor modifications process to adjust things, which concerned the Building Official because that was not the original intent of the process. Howard said the idea has been to get the properties as close to compliance as possible, using the minor modification process as needed. Howard said that another problem with the way the code is currently written occurred when new uses came into large buildings like shopping malls. When a tenant with a new use came into a mall, the entire mall was required to come into compliance under the current code. Howard said this seemed like an unreasonable requirement. Planning and Zoning Commission May 17, 2010 -Informal Page 2 of 7 Howard addressed the specific proposed zoning amendments. She stated that properties that have been vacant for a year or more should be brought into compliance with the code. She said that for elements that simply could not be complied with due to site constraints, the property owner can apply for a minor modification to adjust or waive certain standards. Payne asked who would waive the requirement. Howard said that it is a public process with an administrative hearing; notice is sent out to adjacent property owners. At the hearing, the applicant presents their case to the Building Official; Planning and sometimes Public Works staff are present as well. Koppes asked how long that process takes. Howard said it typically takes a few weeks. Howard explained that in cases where previously developed property is being redeveloped but all principal buildings have been demolished or destroyed, the site should be treated as new development and brought into code compliance. Howard said that Paragraph 4 addresses properties where a new use is being established in a building with multiple tenants. She said that in these cases the new language states that only the most important of the site development standards must be brought into compliance; these are: screening parking areas and outdoor storage and display areas from the public street, parks, trails, and/or the Iowa River; planting any required street trees along the frontage; and bicycle parking. All other site development standards are allowed to remain noncompliant, including interior parking lot landscaping, screening between properties, driveway width and access points, outdoor lighting, signage, etc. Miklo noted that the property owners can still ask for minor modifications to these requirements. Eastham asked what the conditions were for allowing a waiver or modification of one of these requirements. He said he understood one of them to be that if a modification would conflict with any other requirement of the code, it could be waived or modified. Howard cited the language in the code by way of explanation, stating: "... if meeting these standards or requirements would not be feasible or practical or would unduly affect the ability to use or re-use the property due to topography, location of existing buildings, or other site constraints, they may be modified or waived by minor modification." Eastham asked if it was the case that the other site development standards that were not included in the list of four had to always be complied with. Howard said that the property owner would not have to comply with the other site development standards; the property would be grandfathered in. Howard noted that if the property owner was building a new parking area or expanding a use, then that new parking area would have to be built to code compliance. Payne clarified that if a use changes within a mall because a new store moved in, the mall would not be required to bring their entire parking lot up to code under the new provisions. Freerks asked staff how any of this would affect rooming houses, since most of them are non- conforming. Howard said that this would not affect the non-conforming use provisions, just nonconforming site development. Eastham said he was trying to consider these changes in light of the Miller Orchard neighborhood and its efforts to redevelop. Howard said that if a property is vacant and a new use moves into it, then the property would have to come up to code compliance or go through the minor modification process for anything they felt they could not comply with. Eastham asked if it was correct that the street-side screening would not be required if the property-owner could demonstrate that doing so would conflict with another code requirement. Howard said that this was already the case. Freerks said that what the new language does is spell out the way the process has been working by default. Howard said that time and time again issues would come up in redevelopment where the site development requirements simply did not make sense for a Planning and Zoning Commission May 17, 2010 -Informal Page 3 of 7 particular property. Eastham said what he is trying to understand was whether these changes would enhance or reduce the possibility of getting a better streetscape in the Miller Orchard neighborhood. Howard said that she does not know that it would change it a whole lot one way or the other. Payne said that really one could not know how a change in use would affect a given property until someone came in and asked for an allowance. Howard said that what these changes do is provide the opportunity for someone to ask for a minor modification. Howard said that the way minor modification is currently written, it seems as though the City did not really have the authority to waive things. Howard said that the City had granted a lot of minor modifications, but felt uncomfortable waiving things. Eastham said that he is concerned with the length of time it could take to change the Miller Orchard streetscape. Miklo said that one of staff's main concerns when the Building Department asked them to take a look at this was the landscaping between the parking lot and the street, and that is why it was retained as a requirement. Miklo said that while the landscaping between the parking lot and the street is subject to minor modification, there probably will not be a lot of difference in the streetscape because of these changes. 2. Discussion of an amendment to the Zoning Code to refine the definition of regulated stream corridors to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Howard said that the change here is to the definition of what is regulated. Howard said that presently, if there is a blue line in the USGS map, then the City treats that as a stream. However, sometimes in the field a specialist will discover that there is not really a stream there any longer. Howard said that sometimes this was due to errors in the maps, and sometimes it was due to tiling for agricultural purposes. Howard said that the City is trying to develop a system that does not conflict with the Army Corp of Engineers. Miklo explained that as it stands now, by City code a stream on the USGS map is protected, whether it actually exists or not. With the code changes, the stream will have to have a defined bed and bank. Freerks noted that these items could be voted on at the formal meeting or deferred. REZONING/DEVELOPMENT ITEM: REZ10-00006 &SU610-00002: Discussion of an application submitted by TNT Land Development LLC for a preliminary plat and rezoning from Low Density Single Family (RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra Verde, a 58-lot, 23.22-acre residential subdivision. located at 2949 Rochester Avenue. Miklo stated that this item should be deferred indefinitely. He said that once a mitigation plan is received the item will return to the agenda. Miklo said that the neighbors and attendees of the last meeting on this item will be notified of the deferral. REZONING ITEM: REZ10-00008: Discussion of an application submitted by Dealer Properties IC, LLC for a rezoning from Highway Commercial (CH-1) to Intensive Commercial (CI-1) zone for approximately 22.83 acres of property located west of Mormon Trek, south of Highway 1, adjacent to City View Drive. Rosenberg explained that Lot 1 of this property is already developed as a car dealership, Billion Planning and Zoning Commission May 17, 2010 -Informal Page 4 of 7 Honda. The property was annexed in 2003 to support the City's goal of enabling future development for commercial use along the Mormon Trek Boulevard extension and the airport. At the time, the property was zoned Highway Commercial (CH-1) to facilitate the development of service uses relating to expressways or other major arterial thoroughfares. These commercial enterprises include: food, lodging, motor vehicle service and fuel. At the time of that zoning, auto sales were allowed in the CH-1 zone. In 2005, a new zoning code was adopted which limited retail uses in the CH-1 zone to those necessary to serve highway traffic. As a result, the auto dealership on Lot 1 is non-conforming. Rosenberg said that at the time of development wetland mitigation and compensatory mitigation plans were required prior to subdivision due to a stream and associated wetlands in Outlot A of the property. Roesenberg said this was done in anticipation of the CH-1 zone, so further study needs to be done on whether these storm water facilities will be adequate for the extensive paving required for an outdoor storage use. The purpose of the CH-1 zone is to serve users of the expressways and arterial roadways. The original zoning encouraged the development of hotels and motels in the area. Rosenberg explained that the requested zone, Intensive Commercial (CI-1 ), is intended to provide areas for those sales and service uses whose operations are typically characterized by outdoor display and storage of merchandise. In this zone, special attention must be directed toward buffering negative aspects of allowed uses from adjacent residential zones. Rosenberg said that provided the concerns about the entranceway to the City are resolved, the Comprehensive Plan supports both CH-1 and CI-1 for the South Central District area's future land use scenario. The proximity of the property to Highway 218 and Highway 1 complicates the outdoor storage needs and what kind of CI-1 business can be established at that location. The Comprehensive Plan looks at that area specifically as an entranceway to the city and recommends that any CI-1 activity established there pays attention to aesthetics as it develops. The Comprehensive Plan calls for a consistent streetscape and discourages visibility of the rear of intensive commercial use from the highway. Staff feels it is appropriate to require a Conditional Zoning Agreement (CZA) that ensures the property develops in a way that conforms to the Comprehensive Plan. Issues that could be addressed by a CZA include: 1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway 218 and Highway 1. 2. Building and site design standards that address the appearance of the development and the location and screening of loading docks, garbage dumpsters, outdoor storage areas and other service areas or equipment. 3. Restrictions on lighting (if any) deemed necessary by the Airport Manager. 4. The provision of an adequate buffer from the residential properties located to the south. Staff believes the CI-1 zone would be compatible with neighboring uses if these conditions were met. Rosenberg noted that there are some existing residential areas in the county to the south of this area, and it needs to be determined to what extent the existing trees provide buffer to that area. He said that there may be a benefit to requiring additional S-3 screening. Planning and Zoning Commission May 17, 2010 -Informal Page 5 of 7 Rosenberg stated that there is a benefit to clustering car dealerships in that area. Staff recommends approval of this application subject to a CZA with the conditions previously outlined. Koppes asked if there were any other CH-1 zones in existence in the Iowa City area. Miklo said he believed there was some, but would have to check and get back to the Commission with that information. Koppes said that it seems as though this area is constantly rezoned based on what business wants to locate there at a given time. Eastham asked if other businesses in the area would all be notified of this rezoning proposal. Miklo said any business within 300 feet would have been notified. Greenwood Hektoen noted that a sign is also posted. Freerks noted that this could either be voted on or deferred at the formal meeting. Miklo said the CH-1 zone was originally developed in 1983 when the zoning code was adopted because it was thought that there should be a place reserved at interchanges for certain uses. Miklo said the idea was to provide space at interchanges for gas stations and hotel opportunities for travelers. In the previous zoning code, the CC-2 zone did not allow hotels, so that was broadened when the zoning code was updated. Miklo said that theoretically if this rezoning was approved, there would still be the possibility of hotel/motel location at this interchange in the CC- 2 area. Freerks said it sounded like there is some overlap between the zones, and that there may not be anything specific to the CH-1 zone that cannot be addressed by another zone. Miklo said that may be a good question: is the CH-1 zone needed if the same uses are accommodated in the CC-2 zone? OTHER: Presentation of Fair Housing by Kristen Watson: Miklo stated that Watson works for the Human Rights Commission. Miklo said that the City had made a commitment in the Consolidated Plan to provide training for boards and commissions on the Fair Housing Act. Watson explained that she was an investigator for the City in the Human Rights Department. She said that part of what they do is to investigate housing discrimination complaints. Watson said that Iowa has an amazing civil rights history that extends to back before Iowa was even a state. Iowa was among the first states to refuse to acknowledge the validity of slave contracts over runaway slaves, desegregate schools, and to allow females and people of color to be attorneys. Nonetheless, there is also a history of housing discrimination and covenants restricting homeownership in certain areas to white Christians. The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, family status and disability. Iowa takes the federal law a bit further by adding prohibitions on discrimination based on creed, sexual orientation and gender identity, and retaliation. Iowa City also prohibits discrimination based on public assistance as a source of income. Watson noted Planning and Zoning Commission May 17, 2010 -Informal Page 6 of 7 that there are some very narrow, common-sense exceptions for: religious institutions, owner- occupied units, and dormitories (restrictions based on sex), familial status (elderly housing). Watson said that there can be restrictions in housing, but that they cannot be for discriminatory purposes. Watson said that one thing municipalities need to be careful about is that proof of discriminatory intent is not necessarily required for a successful lawsuit; all that has to be proved is discriminatory affect. A discussion was held on specific scenarios to which housing discrimination laws and liabilities applied. ADJOURNMENT: The meeting was adjourned at 7:52 p.m. s/pcdlmins/p&z12010/p&z 05-17-10.doc Z O ~G ~~ 0 ~ ~ W ZV~ N Z N Q OD Q za Z Z J a I ~ ~° i X X X X X X x 1 X X X X X X ~ ~ X X X X X X W ~ M X X X X X X ~ N x x x x x x x r N X X X X X X x r ~ ~ r ~ ~ r ~ M r ~ N r ~ O r ~ O r ~ M ~- ~ Fw-X l(') 0 In 0 L(') 0 In 0 In 0 L(') 0 l(') 0 W W J ~ w ~- Q W J J Q q = ~ N = V Z Q N ~ O W U Y ~ G N ~ w ~ Q _ Y ~ W W F' ~ N ~ a ~ a ~ ~ v i c n w Q w Q z ~ m Q w ~ w O Y Q a J a ~ Z_ F W w Q LL X X X X X ~ X X X X X X ~ ~ X X X X ~ X X N X X X X ~ X ~ M N X X X X X X D W ~- ~ M N ~ O ~ O M " F.x , o o " o o o 0 0 W W ~_,,. ~ 2 m Q Q Z q ~ j ~ N O = V Z Q N W = C) Y ~ ~ ~Q J ~ _ ~ W W ~ N W ~ Q cn i- v~ w w a a z ~ = Q ~ - W Q z ~ m Q w m tL O Y Q a ~ a ~ Z 1- W W OC D Z E 0 a~i ~ O ~Z ~ U p~ ~ X C _ c ~ ~ ~ ~ vii ~ c6 ~ a~ ~ ~~QZ o d Q u „ z u u w ~ u xOOz w Y ~~~6~. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 20, 2010 - 7:00 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Josh Busard, Michelle Payne STAFF PRESENT: Bob Miklo, Jacob Rosenberg, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Dave Larsen, Glenn Siders, Steve Goetzelman, Kent Ralston RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 5-0 (Busard and Payne absent) to approve REZ10-00008, an application submitted by Dealer Properties IC, LLC for a rezoning from Highway Commercial (CH-1) to Intensive Commercial (CI-1) zone for approximately 22.83 acres of property located west of Mormon Trek, south of Highway 1, adjacent to City View Drive, subject to a Conditional Zoning Agreement (CZA) that addresses the following: 1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway 218 and Highway 1 to be approved by staff. 2. Building and site design standards that address the appearance of the development and the location and screening of loading docks, garbage dumpsters, outdoor storage areas and other service areas or equipment. 3. Restrictions on lighting as deemed necessary by the Airport Manager. 4. The provision of an adequate buffer from the residential properties located to the south. 2. The Commission voted 5-0 (Busard and Payne absent) to approve an amendment to the Zoning Code to allow more flexibility in the application of development standards as they apply to nonconforming developments. 3. The Commission voted 5-0 (Busard and Payne absent) to approve an amendment to the Zoning Code to refine the definition of regulated stream corridors to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. CALL TO ORDER: The meeting was called to order at 7:02 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Planning and Zoning Commission May 20, 2010 -Formal Page 2 of 11 None. REZONING/DEVELOPMENT ITEM: REZ10-00006 &SUB10-00002: Discussion of an application submitted by TNT Land Development LLC for a preliminary plat and rezoning from Low Density Single Family (RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra Verde, a 58-lot, 23.22-acre residential subdivision located at 2949 Rochester Avenue. Miklo stated that this item needed to be deferred indefinitely. Staff is waiting for a wetland mitigation plan, as well as a plan the addresses the woodlands and the stream corridor on the property. Freerks opened the public hearing. No one wished to speak to the issue and the public hearing was closed. Weitzel motioned to defer the application indefinitely. Koppes seconded. Eastham noted that he would be abstaining from this item. A vote was taken and the motion to defer carried 3-0 (Eastham abstaining; Plahutnik not present at time of the vote; Busard and Payne absent). REZONING ITEM: REZ10-00008: Discussion of an application submitted by Dealer Properties IC, LLC for a rezoning from Highway Commercial (CH-1) to Intensive Commercial (CI-1) zone for approximately 22.83 acres of property located west of Mormon Trek, south of Highway 1, adjacent to City View Drive. . Jacob Rosenberg stated that the applicant is requesting the rezoning to allow for the property to be used as a car dealership and collision repair facility. Rosenberg said that Lot 1 of the subject property is currently occupied by Billion Honda car dealership. The applicant has indicated that they may re-subdivide in the future. Rosenberg said that the property was annexed by Iowa City in 2003 to support the City's goal of developing commercial areas near the airport. At the time, the property was zoned Highway Commercial (CH-1) to facilitate the development of service uses relating to expressways or other major arterial thoroughfares. These commercial enterprises include: food, lodging, motor vehicle service and fuel. At the time of that zoning, auto sales were allowed in the CH-1 zone. In 2005, a new zoning code was adopted which limited retail uses in the CH-1 zone to those necessary to serve highway traffic. As a result, the auto dealership on Lot 1 is non-conforming. Rosenberg explained that the requested zone, Intensive Commercial (CI-1 ), is intended to provide areas for those sales and service uses whose operations are typically characterized by outdoor display and storage of merchandise. In this zone, special attention must be directed toward buffering negative aspects of allowed uses from adjacent residential zones. Planning and Zoning Commission May 20, 2010 -Formal Page 3 of 11 Rosenberg noted that the Comprehensive Plan supports both CH-1 and CI-1 for the South Central District area's future land use scenario. The plan identifies the subject property and neighboring properties as suitable for large lot commercial uses with extensive outdoor storage. However, because the area serves as an entranceway to the city, the Plan also stresses the importance of aesthetics as the area develops. Rosenberg explained that the South Central District Plan specifies that intensive commercial properties on such entranceways are expected to upgrade landscaping and other design features to provide a consistent and attractive streetscape. He said that staff feels a Conditional Zoning Agreement (CZA) that includes standards to ensure that the property develops in a way that conforms to the policies of the Comprehensive Plan would be appropriate. Such a CZA would address landscaping, screening, and building and site design approval. Rosenberg said that the property is highly visible from Highway 218, and that staff would like to see a landscape buffer located in the rear of the property. He explained that Outlot B is a storm water management area, and that a wetland mitigation and compensatory mitigation plan were required prior to the subdivision of the property. However, there is some question as to whether those facilities would still be adequate for the proposed use. Calculations will need to be submitted to the City Engineer to assure that there will be adequate storm water storage. Rosenberg stated that provided that the concerns regarding the appearance of an entranceway to the city are addressed and all residential areas are adequately buffered, staff believes that the CI-1 zone would be compatible with the neighboring land uses. Rosenberg said the presence of a number of other car dealerships in the area would be a benefit as it results in the clustering of like-businesses. Rosenberg said that there are not many other CH-1 zones in the city, roughly 35 acres. He said there is a notable amount of undeveloped CH-1 zone located at Highway 1 and Interstate 80. Staff recommends that REZ10-00008, an application to rezone 22.38 acres of land at Mormon Trek Boulevard and City View Drive, be approved subject to a Conditional Zoning Agreement that addresses the following: 1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway 218 and Highway 1. 2. Building and site design standards that address the appearance of the development and the location and screening of loading docks, garbage dumpsters, outdoor storage areas and other service areas or equipment. 3. The provision of an adequate buffer from the residential properties located to the south. Miklo added that the concern regarding the appearance from Highway 218 does not concern the display lot; rather, it is the back of the dealership, which will have dumpsters and storage lots. Freerks asked if the 35-acres of CH-1 referenced by Rosenberg included the subject property; Rosenberg clarified that it did not include the subject property. Koppes asked to be shown where staff desired to have screening on the south side. Rosenberg said that there were trees in that area, but not very many. He said that the applicant is proposing an auto repair facility for that lot and staff has concerns about buffering those areas from the view of residential uses. Miklo said the outlot is fairly wooded. Koppes asked if the Planning and Zoning Commission May 20, 2010 -Formal Page 4 of 11 wooded area would be protected and Miklo said that it would as it is an outlot for storm water management and a wetland area, so no development could occur there. Eastham asked if access to the ID-RS area to the south was a concern. Miklo said that one of the reasons the area is zoned ID-RS is because there is no access. He said that the area would require access from the property to the south. He said there is some question as to whether it will ever be developable. The property owner to the south is doing a prairie restoration on his land and has talked about the possibility of dedicating the prairie to the City as open space. Miklo said that given the topography and the terrain, the only access would have to come from the neighboring property. Eastham asked if the provisions of the CZA would allow input of the tone and or shade of the exterior finish of the buildings. Miklo said the primary concern with that would be to avoid such things as corrugated metal buildings. Miklo said that such conditions have been imposed on Scott Six Industrial Park and the lots along Scott Boulevard. In that case the requirement was that areas visible from the street must have masonry or architectural metal finishes. He said that he did not believe color or details beyond general language regarding building materials and screening of loading docks would be justified in this case. Eastham asked about the covenant governing the property. Miklo said that the covenant applies to JJR Davis and specifies that property visible from public streets have to have a masonry or architectural metal finish. Miklo said that the City has does not enforce covenants. As a result, if such a requirement was desired by the Commission, then it would be appropriate for inclusion in a CZA. Freerks opened the public hearing. Dave Larsen, 277 Hickory, Kalona, appeared on behalf of the applicant. Eastham noted that the current dealership, Billion Honda, is bright white and is very prominently displayed. He asked Larsen if it was his experience that dealerships tend to insist on very obvious buildings or if they would be open to a more toned-down appearance. Larsen said that some dealerships are open to that, and some are not. Larsen said that his understanding for the design of the buildings in question is that they will be of similar metal panels to those used in the Billion Honda building. Larsen said that there is only one residential property visible from part of the property, and the dealership is purchasing that home and removing it. He said there is already a substantial amount of screening for the area. He noted that there are not only trees along the property line, but that a portion of it is also elevated, further blocking views of the proposed dealership. He circulated photographs to demonstrate this point. Larsen said that his original vision was for a hotel on the property on the Menard's side of the road; however, the three or four hotels that have expressed interest have been unable to obtain financing. He said that as a result, they are interested in rezoning that area to commercial as well. Miklo noted that the trees described by Larsen are along a creek bed and are not currently under the control of the applicant. Staff thinks that it would be helpful to have some S3 screening along the southern portion of the lot or the outlot to assure that the existing residential neighborhood is buffered from the proposed CI-1 zoning. Larsen said that it is the request of the applicant to have the matter voted on at this evening's Planning and Zoning Commission May 20, 2010 -Formal Page 5 of 11 meeting as they are attempting to move forward as quickly as possible. Freerks noted that Larsen had indicated they would follow the good neighbor policy. She asked if they had met with anyone. Larsen said that all of the important people had been made aware of the plans for the property. Greenwood Hektoen noted that it takes four votes to approve a rezoning. Freerks invited other members of the public to speak to the issue. No one wished to speak and the public hearing was closed. Koppes motioned to approve REZ10-00008 subject to a Conditional Zoning Agreement that addresses the following: 1. Landscaping requirements for frontages on Mormon Trek Boulevard, Highway 218 and Highway 1 to be approved by staff. 2. Building and site design standards that address the appearance of the development and the location and screening of loading docks, garbage dumpsters, outdoor storage areas and other service areas or equipment. 3. Restrictions on lighting as deemed necessary by the Airport Manager. 4. The provision of an adequate buffer from the residential properties located to the south. Eastham seconded. Eastham said that the only difficulty he has with car dealerships in that area is that the buildings tend to have a very large, light exterior. He said that with two or three buildings in one area that could be a factor. He said that he understood that the Commission may have limited control over that. Koppes said she is fine with rezoning the area CI-1, but that the Commission may need to examine whether CH-1 is really a legitimate zone at this point. She would like to see the zoning for that area become stable and not continuously before the Commission for changes. Plahutnik said that he realized he was jumping into the meeting a little late, but that he agrees with Koppes in that he does not like the idea of zoning and rezoning an area multiple times. However, he said he also understood that it was an area that for the most part is undeveloped and that a lot depends on what kind of businesses people are able to get into the area. Freerks asked Plahutnik if he had attended the informal meeting and if he had heard what the applicant had presented at this meeting. Plahutnik said he had. Weitzel said that in reviewing the Comprehensive Plan, he has determined that the CZA is appropriate and necessary for maintaining an attractive entranceway to the City. Freerks said that she felt it would be good to bring the car dealership into conformance. She said that either zone would be consistent with the Comprehensive Plan and she agrees that the back and forth zoning is not good for the area. She said she hates to see the dwindling of the CH-1 zone; however, as was discussed at the informal meeting, there is a lot of overlap between CH-1 and other zones. She agreed that it might be good for the Commission to further consider the future of the CH-1 zone. She said she did not have a problem with the color Planning and Zoning Commission May 20, 2010 -Formal Page 6 of 11 chosen by the applicant so long as it conformed to design standards and passed staff review, and that she did believe the buffer was necessary. A vote was taken and the motion carried 5-0 (Busard and Payne absent). ZONING CODE ITEMS: 1. Discussion of an amendment to the Zoning Code to allow more flexibility in the application of development standards as they apply to nonconforming developments. Howard explained that nonconforming situations occur when the zoning designation of a property is changed or zoning regulations change such that existing, lawfully established uses, structures or lots no longer comply with zoning regulations. Without provisions in the code to address nonconforming situations, properties would have to immediately be brought into compliance when the code or zoning changed. The codes governing nonconformance provide relief to property owners and address a whole variety of situations that could occur over many years as property develops, redevelops and/or changes hands. Howard said the intent of the policy is to guide future uses and development so that it is consistent with City policy, to protect the character of an area, and to bring, over time, development into compliance with City regulations. Howard noted that there can be many different types of nonconforming situations, but that the matter before the Commission this evening involves nonconforming development. "Nonconforming development" is defined as an element of development such as a parking area, a loading area, outdoor lighting, landscaping, and other site elements that were established in conformance with code but which subsequently became nonconforming due to a change in the regulations or a change in the zoning designation of the property. Howard said that in 2005, the City revised its zoning code and specifically tried to address parking areas, outdoor storage areas, and buffering and screening standards. In doing so, the City attempted to address possible nonconformities in these areas. Even though allowances have been made to be more flexible as nonconforming properties redevelop over time, Howard said it is apparent that the code is not always flexible enough to address situations when uses change, particularly within multi-tenant buildings or shopping centers or when a property is vacant for a period of time. This has created a hardship for some property owners. Howard offered the example of a local mall in which each time a new tenant moved into the building the mall would be required by code to come into full compliance. Howard said the intent of the nonconforming regulations is to allow properties to more gradually make improvements to bring parking areas, outdoor storage and display area, etc into compliance. Howard shared a number of photographs that identified nonconforming sites, as well as photographs of sites in compliance with the most recent zoning code. Howard said that the goal is to bring properties into compliance over time, while creating a situation that is flexible enough to allow for consideration on a case by case basis as properties redevelop over time. Howard explained that the new provisions would deal with three basic situations: 1. When there is a change in use, whether it is within amulti-tenant building or a property with just one building or tenant space; 2. When a property is vacant and there is no principle use on the property; and Planning and Zoning Commission May 20, 2010 -Formal Page 7 of 11 3. When a use is proposed for a property where the buildings have been demolished or destroyed. Freerks opened the matter for discussion by the Commission Eastham asked if this would apply when a building is in a state of obvious disrepair. Howard clarified that the provisions concern uses, not buildings, adding that if a property has been vacant for a year with no principle use, then when a new use moves in the entire property must be brought up to code. Freerks asked who would be reviewing this process. Howard explained that if the property owner needed a minor modification that would be handled administratively by staff. Eastham noted that these provisions allow the Building Official to either modify or waive the standards. Howard said that the language allowing the Building Official to waive requirements came about as a result of instances where there has literally not been enough space on a site for it to be brought into compliance with all code requirements. Howard noted that the property owner would still be required to go through the minor modification process and justify their request. She said she predicted that complete waivers would be fairly rare and typically the applicant is required to mitigate for any potential negative impact that might occur because of the nonconforming situation. Freerks opened the public hearing. Glen Siders, Southgate Development Services, addressed the Commission. He said that he appreciates the City and staff looking into this matter; he has been frustrated by some of the challenges presented by the current code. He said that he appreciates Howard's memo, and concurs and endorses it. However, he said that as he reads the ordinance he does not see in its language some of the things Howard had said were addressed by it. Siders said that there are two situations that his development company has been confronted with the most. The first issue arises in situations where the parking begins closer to the property line than the required ten feet. He said he hoped that this issue could be addressed as a minor modification. The second issue, Siders said, results from requirements for landscaped islands in parking lots. Siders said that the staff memo indicates that parking lot standards would not be enforced in those cases; however, he did not see the language in the code that actually addressed that. Howard pointed out the portion of the code that would apply to the scenarios Siders proposed and confirmed that the new provisions, rather than requiring all elements to be brought into compliance would only require compliance with a few of the most important, including screening of parking, loading, outdoor storage and display areas along streetside lot lines and any adjacent park or public trail or the Iowa River (rather than along the sides and rear property lines) and planting street trees when applicable. Siders said that he always becomes a little nervous when he sees terms in an ordinance like "feasible," "practical," or "would unduly reduce the ability ..." Siders stated that this language was very subjective. He said he appreciates what the City is trying to do, but such subjectivity is cause for concern. He said that leaves interpretation open to whichever individual in a given department reviews a plan. Howard said that this subjective language is actually an improvement of the code because as it is written now, there is no means in the code to apply for or be granted a minor modification. Siders said he understood that, but that he could not help but be concerned by the subjectivity of the language. Freerks said the idea is that every situation needs to be assessed on its own terms because each situation is different. She said Planning and Zoning Commission May 20, 2010 -Formal Page 8 of 11 that the code could not say "always," as Siders might want it to and trying to come up with black and white language would take away the very flexibility that these provisions were intending to provide to property owners. Siders said he understood and he had no suggestions for alternative language. Steve Goetzelman, 632 Reno Street, said that he had opened a small business in Iowa City last April; that business was a change of use for the property, and the estimate to make the changes required to bring the property into compliance with code was somewhere around $180,000. Goetzelman said that they would never have been able to recoup those costs or even open the business if they had taken on those renovations. He said that they are currently operating with a temporary permit, but would like the opportunity to be more "official". These changes in the zoning code would offer encouragement to small businesses, Goetzelman said. There were no further comments and the public hearing was closed. Freerks invited a motion. Koppes made a motion to approve an amendment to the Zoning Code to allow more flexibility in the application of development standards as they apply to nonconforming developments. Weitzel seconded. Eastham said he believed flexibility is a good thing and will generally improve the situation. Eastham said that he did have one concern, however. He reviewed the Neighbors for Miller Orchard Action Plan with a lens toward how these changes might affect the changes neighbors in that area wished to see. He said that beautification of entranceways to the areas was one of the goals of the plan, and he wondered how these zoning changes might improve or reduce the likelihood of changing those streetscapes. Eastham said he did not see language that required the Building Official to consider the needs for neighborhood improvements against the difficulty/hardships caused to the individual property owner if required to bring the site up to code. Koppes said that the flip side of that is that there is nothing to indicate that these changes will prevent improvements to the Miller Orchard area. Weitzel said that he felt the changes were positive. He said that it is good to allow a business to move in and open, and not to discourage new business with cost prohibitive standards. Weitzel said that while he believes the standards are good, this will provide another tool to the Building Official. He said that the language is subjective of necessity; if the goal is flexibility then there cannot be a lot of "shall" and "should" in the language. Weitzel said that decisions need to be well founded. He said he agreed that the priority should be on screening from public streets and sidewalks above putting trees in parking lots. He said the last requirement he would like.to see waived would be screening from the street. Eastham agreed that the street screening is much more important than interior landscaping. Plahutnik said that in this case, the Commission is seeking to come up with general rules rather than looking at a specific case. He said that his review of the ordinance did not find anything to indicate that staff would roll-over for every request. He said that he was pretty sure that staff was rather tenacious about making sure that zoning standards are adhered to whenever possible. Plahutnik said that zoning is by its nature imprecise. He said that if it was found to be necessary, it would certainly be possible to come up with specific definitions for "undue", "feasible", etc. He said that language could also be added that takes a given neighborhood into Planning and Zoning Commission May 20, 2010 -Formal Page 9 of 11 account, and the fact that in certain instances requirements should not be waived. However, Plahutnik said, what is before the Commission represents a pretty good start. Freerks said she appreciated Eastham bringing up the Miller Orchard neighborhood plan. However, she said that she would not want any sections of the city to be exempted from the changes because she thought that could lead to greater problems. She noted that if businesses believed that it was more expensive to open in a given area due to zoning restrictions, it could lead that area into more problems when the goal had been to improve it. She said that she believed that the right decisions would be made in regard to waivers and flexibility. Freerks said it is always a balancing act. There was no further discussion on the matter. A vote was taken and the motion carried 5-0 (Busard and Payne absent). 2. Discussion of an amendment to the Zoning Code to refine the definition of regulated stream corridors to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Howard explained that currently. the City relies on USGS quadrangle maps to define stream corridors, which are regulated in the City's sensitive areas ordinance. Howard said that while the maps are generally reliable, there are times when a specialist finds that a blue line does not signify an actual stream corridor. Howard said that this could be because the map is out-dated or because the map was simply incorrectly drawn due to reliance in aerial photos rather than field verification. Howard said staff would like to have the flexibility to have these types of things field-verified, and find that there is no stream if there is no defined bed and bank. Howard said this would bring the City into closer conformance to how the Army Corp of Engineers looks at and regulates stream corridors. Howard said that the changes to the code are fairly simple. Staff has added definitions and outlined exactly what wording would be deleted in the Environmental Review and Sensitive Areas Ordinance. Freerks opened the public hearing. No one wished to speak to the issue and the public hearing was closed. Weitzel motioned to approve an amendment to the Zoning Code to refine the definition of regulated stream corridors to exclude drainageways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Koppes seconded. Plahutnik asked how areas that had formerly had stream-beds but had been disturbed by land movement or bulldozing would be treated. Howard said that in many cases streams had been degraded by tiling that was done on farmland; in those cases the streams are often no longer present. Howard said that the stream corridors the City wants to protect are those corridors that convey water within a channel that is visible on the ground even if the flow is intermittent. She said the goal is to protect the environmental value that streams provide. She said if there is no value left to protect, then there is no point in protecting the site of a former stream. Planning and Zoning Commission May 20, 2010 -Formal Page 10 of 11 Eastham asked if this approach was similar to what other communities in Iowa were doing. Howard said she believed Iowa City was far ahead of other communities in Iowa with regard to our environmental regulations. She said there were very few communities that have a sensitive areas ordinance. She noted that in some instances, Iowa City's ordinance is stricter than the Army Corp of Engineers' regulations. A vote was taken and the motion carried 5-0 (Busard and Plahutnik absent). CONSIDERATION OF MEETING MINUTES• Mav 3 2010 (informal) and Mav 6, 2010 formal Koppes motioned to approve the minutes. Eastham seconded. The minutes were approved 5-0 (Busard and Plahutnik absent). OTHER: Presentation of JCCOG Long Range Multi-Modal Transportation Plan by Kent Ralston. Ralston explained that JCCOG is the metropolitan planning organization for the Iowa City urbanized area. He said that their specialty is transportation planning; however, they do some land-use and human services planning as well. The Multi-Modal Transportation Plan is a document that helps guide decision making about transportation improvements and funding 25 years into the future. Ralston said that they try to ensure that planning efforts are continual, comprehensive, and coordinated. This plan must be updated every five years, per federal regulations; the next plan is due by May 2012. Ralston said that the plan covers all aspects and modes of transportation. Ralston shared a number of different maps with the Commission that are included in the plan. He said that they would be happy to present again when the latest version was farther along. 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