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Home My WebLink About2010-10-14 Info Packet-~...~ CITY OF IOWA CITY n~n~/ IPAA\/ APA CITY COUNCIL INFORMATION PACKET October 14, 2010 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Agenda: Joint Meeting -October 20, 2010 IP3 Letter from the City Attorney to Charlie Eastham, Housing Fellowship: Fair Housing Act IP4 Memorandum from the City Clerk: Satellite Voting Site IP5 Email from Tom Rocklin: Hosting a Safe Social Event [submitted by the Interim City Manager] IP6 Fire Safety Compliance Report July 1, 2010.- September 30, 2010 IP7 2010 Annual Report of Boards, Commissions, and Committees IP8 Email communication from John Zupanc: Euclid Building Inspection Report IP9 Press Release: Police Citizens Review Board Community Forum IP10 Press Release: More bike racks installed in downtown and campus areas IP11 Invitation: Benefit Concert for Pakistan Flood Relief October 23, 2010 IP12 Invitation: Parent 8~ Student Forum on Alcohol Safety October 21, 2010 DRAFT MINUTES IP13 Board of Adjustment: September 8, 2010 IP14 Special Meeting Senior Center Commission: September 9, 2010 ~ - i ~' ~~ City Council Meeting Schedule and c~ o IOWA CITY Work Session Agendas October 14, Zo,o www.icgov.org • WEDNESDAY, OCTOBER 20 Emma J. Harvat Hall 4:30p Joint Meeting (Separate Agenda Posted) TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, OCTOBER 25 Emma J. Ha-vat Hall TBA Special Work Session • TUESDAY, OCTOBER 26 Emma J. Hanrat Hall 7:OOp Special Formal Council Meeting • MONDAY, NOVEMBER 15 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, NOVEMBER 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, NOVEMBER 29 Emma J. Harvat Hall 5:30p Special Work Session Meeting with Area Legislators • TUESDAY, NOVEMBER 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • WEDNESDAY, DECEMBER 1 Emma J. Harvat Hall 6:30p Special Work Session • MONDAY, DECEMBER 6 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, DECEMBER 7 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting AGENDA Joint Meeting Johnson County Board of Supervisors City of Iowa City City of Coralville City of North Liberty City of Tiffin Iowa City Community School Board Clear Creek School District Wednesday, October 20, 2010, 4:30 PM City Hall in Iowa City; Harvat Hall 1. Call to order 2. Welcome and introductions 3. Update from school districts (North Liberty & Iowa City) a. Facilities planning b. Roosevelt Task Force 4. Update from the county and city assessors (Johnson County) IP2 5. Road construction projects current and future -all entities to update (North Liberty) 6. Update on area IJOBS projects (Johnson County) 7. City Manager Hiring (Iowa City) 8. Issues/priorities for the 2011 legislative session (Johnson County) 9. Alcohol violations &policies--what steps are the cities & County taking to reduce abuses by patrons and bar owners. Unified policy for the entire county (North Liberty) 10. County Dwelling Inspection Update (Iowa City) 11. Justice Center planning (Johnson County) 12. Board of Supervisors request for action re: issues/concerns with Joint Emergency Communications Center (Johnson County) 13. Other business 14. Schedule next meeting a. Additions to attendees [3 School Districts, 11 cities](Johnson County) 15 . Adjourn October 13, 2010 Charlie Eastham, President Board of Trustees The Housing Fellowship 322 E. 22"d Street Iowa City, IA 52240 Dear Mr. Eastham, ~ ~~~~ r -- ~ i IP3 ~:.. ®,~~ ~~~~~ --~.a~ CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa Cily, lo~wa 52240-IS26 (319) 356-5030 (319) 356-5008 FAX www. icgov.org By letter of June 10, 2010 you forwarded me the letter to The Housing Fellowship from your attorney, Harry J. Kelly of the D.C. firm of Nixon Peabody, LLP, alleging that the City has discriminated against minorities and families in violation of the state and federal fair housing acts. Because I have had no direct correspondence from your attorney this letter is sent to you, but I am sending a copy to Mr. Kelly due to ethical constraints that govern an attorney's contacts with a represented party. The City Council has asked that I provide you with a brief summary of my legal conclusions. After a detailed review of the factual history and legal research, it is my conclusion that the City has not discriminated against minorities and/or families in violation of the Fair Housing Act. With respect to the claim of disparate treatment, I find no evidence that the City has intentionally discriminated against minorities and/or families. With respect to the disparate impact claim, agree with many of Mr. Kelly's general statements of the law. His letter does not, however, address the relatively recent opinions of the Eighth Circuit Court of Appeals, which on matters of federal law are governing in the state of Iowa. An analysis of the facts using the legal framework required by the Eighth Circuit does not support the Fellowship's disparate impact claim. As I noted in my recent letter to your Executive Director, the Council plans to take up the issue of affordable housing at its work session on October 25. The work session is open to the public and, as always, the Council welcomes The Housing Fellowship's input as the discussion of this difficult topic continues. Ver~ruly yours, // lJ ~%~~~Z_ Eleanor M. Dilkes City Attorney Cc: Harry J. Kelly, Esq. City Council Dale Helling, City Manager Jeff Davidson, Planning Director ~,'_,_-',®~ CITY OF IOWA CITY - ~! ~~~~~~~ IP4 RAC EEO Date: October 13, 2010 To: Mayor & City Council From: Marian K. Karr, City Clerk ~'~' Re: Satellite Voting Site We have been approached by Johnson County Auditor and Commissioner of Elections Tom Slockett to utilize City Hall as a satellite voting site for this November election. As a result of the site visit, and discussions with staff, Harvat Hall will be utilized for satellite voting on Friday, October 22, from 8:00 AM to 5:00 PM. The November 2010 election will include 47 site days at 31 separate satellite sites. Please let me know if you have any questions. Page 1 of 3 Dale Helling ................... From: Rocklin, Thomas R [thomas-rocklin@uiowa.edu] Sent: Friday, October 08, 2010 5:36 PM To: Marcia Bollinger; Dale Helling; Sam Hargadine; Matthew Hayek Subject: Fwd: [NonAcadStudorg] Hosting A Safe Social Event Follow Up Flag: Follow up Flag Status: Red FYI IP5 (~'° ~'y f ` Our student leaders, on their own initiative, sent the note below to all students today. Thanks. Tom Tom Rocklin Interim Vice President for Student Services Professor of Psychological and Quantitative Foundations 249 Iowa Memorial Union The University of Iowa Iowa City IA 52242 319-335-3557 • 319-335-3559 (fax) Begin forwarded message: From: "Marner, Belinda L" <belinda-marner(p~uiowa.edu> Date: October 8, 2010 4:11:00 PM CDT To: "Rocklin, Thomas R" <thomas-rocklin(c~uiowa.edu>, "Grady, David L" <david-gradyr'a~uiowa.edu>, "Nelson, William R" <william- nelson _uiowa.edu>, "Hansen, Sarah L" <sarah- hansen(a~uiowa.edu>, "Baker, Thomas R" <thomas- baker(c~uiowa.edu> Subject: FW: [NonAcadStudorg] Hosting A Safe Social Event Fyi -this was sent to all students today ----Original Message----- From: Sobar [mailto:gpelc@healthcare.uiowa.edu] Sent: Friday, October 08, 2010 1:46 PM Subject: [NonAcadStudorg] Hosting A Safe Social Event October is finally here, and the energy of the fall semester is now officially upon us. Though classes may keep students busy on weeknights, weekends are sure to include fun with friends. Saturdays at Kinnick, work-out sessions at the new state- of-the-art Campus Recreation and Wellness Center, movies at the Bijou- all become a part of the campus experience. Yet, we must also acknowledge the role alcohol may play in a student's Iowa City life. 10/12/2010 Page 2 of 3 Before the school year started, the Department of Public Safety (DPS), University of Iowa Student Government (UISG), and Students Organizing for Better Alcohol Responsibility ISOBAR) met to discuss Iowa City's drinking culture and the role that students and law enforcement play. Both sides recognize that students want to enjoy themselves and the freedoms available to them. Law enforcement recognizes these freedoms and wants to emphasize that they are not "out to get" students. Rather, they only seek to uphold the law while protecting the safety and well-being of the public. In turn, students must respect the rights of the public and the property of others, rather than using alcohol as an excuse for improper behaviors. Working together, DPS, UISG, and SOBAR assembled the following list for students to follow in order to minimize the likelihood of police involvement when holding social gatherings. These may be common sense items, but abiding by them is a sure way to limit an unwelcome fine. 1. Have a guest list -- Don't invite the entire UI campus unless you want to face the repercussions for the actions of unknown strangers. When you only invite friends, you'll be able to keep control of the party and avoid it from getting out of hand. 2. Keep the volume down -- Loud music and shouting will upset neighbors. Stay on their good side by respecting their right to quiet. 3. Limit/prevent underage drinking --Providing alcohol to a minor is against the law. In addition, underage students are less experienced with alcohol, increasing your likelihood of attracting law enforcement. Avoid responsibility for their actions and caring for inexperienced students by limiting their entrance from the start. 4. Avoid public view -- When you keep the party inside and out-of-sight, you limit your exposure from having unwanted guests joining in. 5. Provide adequate bathrooms -- Public urination draws unwanted attention, so provide your guests with a reasonable amount of facilities for relief. 6. Find a DD (Designated Driver) -- Even if you're not planning on traveling by car, having a responsible friend who watches out for the well-being of all partygoers can ensure that everyone has a safe night. Use these tips to have a fun and enjoyable year! Greg Pelc President, Students Organizing for Better Alcohol Responsibility ISOBAR) John Rigby President, UISG Distribution of this message was approved by the VP for Student Services. 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Fiscal Year 2010 Annual Report of Boards, Commissions, and Committees ~ r ~,- ~. - ~ ~~~ ~~ ~~ _ ~ '- ~~ CITY OF IOWA CITY City Manager's Office 356-5010 www. icgov.org TABLE OF CONTENTS ..................3 STAFF CONTACTS .................................................................................... ........ ADJUSTMENT, BOARD OF ....................................................................... ..........................4 AIRPORT COMMISSION ............................................................................ ..........................6 AIRPORT ZONING BOARD OF ADJUSTMENT ......................................... ..........................7 ........................ AIRPORT ZONING COMMISSION ..................................... .......................... 8 APPEALS, BOARD OF .............................................................................. ........................... 9 ...... CIVIL SERVICE COMMISSION ........................................................... .........................10 HISTORIC PRESERVATION COMMISSION ............................................. .........................12 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION ............... .........................14 HUMAN RIGHTS COMMISSION ............................................................... .........................16 LIBRARY TRUSTEES, BOARD OF ........................................................... ......................... 21 PARKS AND RECREATION COMMISSION ............................................. ..........................23 PLANNING AND ZONING COMMISSION ................................................ ..........................26 POLICE CITIZENS REVIEW BOARD ....................................................... ..........................29 PUBLIC ART ADVISORY COMMITTEE ................................................... .......................... 34 REVIEW, BOARD OF ............................................................................... .......................... 35 SENIOR CENTER COMMISSION ............................................................ ..........................36 TELECOMMUNICATIONS COMMISSION ................................................ .................... 40 ...... YOUTH ADVISORY COMMISSION .............................................. .......................41 STAFF CONTACTS Adjustment, Board of ............................................................. Bob Miklo ....................... ..356-5240 Michael Tharp ................ ..356-5045 Airport Commission ............................................................... Airport Zoning Board of Adjustment ..................................... Michael Tharp ................ ..356-5045 Airport Zoning Commission .................................................. Michael Tharp ................ ..356-5045 Appeals, Board of ................................................................... Tim Hennes................... ...356-5122 Civil Service Commission ...................................................... Karen Jennings ............. ...356-5025 Historic Preservation Commission ....................................... Bob Miklo ...................... ...356-5240 Housing and Community Development Commission......... g .................... . Steve Lon ... 356-5250 Human Rights Commission .................................................. . Stefanie Bowers ............ ...356-5022 Library Trustees, Board of .................................................... . Susan Craig .................. ...356-5200 Parks and Recreation Commission ...................................... . Mike Moran .................. ....356-5110 Planning and Zoning Commission ....................................... . Bob Miklo ..................... ....356-5240 Police Citizens Review Board ............................................... . Kellie Tuttle .................. ....356-5043 Public Art Advisory Committee ........................................... .. Marcia Bollinger ........... ....356-5237 Review, Board of .................................................................. .. Dennis Baldridge.......... ....356-6066 Senior Center Commission .................................................. .. Linda Kopping .............. ....356-5225 Telecommunications Commission ...................................... y .................... .. Bob Hard ....356-5047 Youth Advisory Commission ........................................ ..Marian Karr................ .....356-5041 3 ADJUSTMENT, BOARD OF GENERAL RESPONSIBILITIES The Board of Adjustment is empowered through Chapter 414 of the Code of Iowa and Section 14-4B of the Iowa City Code to grant special exceptions as provided in the Zoning Chapter and to hear appeals to decisions made in the enforcement of the Zoning Chapter. The Board has the authority to allow variances to the Zoning Chapter for individual properties where provisions of the Chapter impose a unique and unnecessary hardship on the property owner and where the granting of a variance is not contrary to the intent of the Zoning Chapter or to the public interest. The Board may also submit recommendations to the Planning and Zoning Commission and the City Council regarding amendments to the Zoning Chapter. The Board is aquasi-judicial body whose decisions may be appealed to District Court. ACCOMPLISHMENTS IN FISCAL YEAR 2010 July 1, 2009 -June 30, 2010 During FY09 the Board of Adjustment met 9 times and made the following decisions: Special Exceptions: 9 Approvals. 3 Deferrals (2 were later approved) Case Number Date Case Summary EXC09-00005 10/14/09 Approval of construction of a 100-foot cell phone tower in a Community Commercial (CC-2) zone at 925 Highway 6 East. EXC09-00006 10/14/09 Approval of drive-through facility located in the CC-2 (Community Commercial) zone at 1720 Waterfront Drive (Hy-Vee). EXC09-00008 1/13/10 Approval of a specialized education facility to operate at 415 Highland Avenue, in an Intensive Commercial (CI-1) zone. (Fencing School) EXC09-00007 1/13/10 Approval to construct a 100-foot cell phone tower in an Interim Development -Single Family Residential (ID-RS) zone at 3106 Rochester Avenue. EXC09-00010 2/10/10 Approval of the expansion of a general education facility in the Low Density Single Family Residential (RS-5) zone at 2150 Rochester Avenue. (Regina High School) EXC09-00009 3/10/10 Approval of amending the requirement of a previously approved special exception for a salvage yard in the Heavy Industrial (I-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing requirements along the north, south, and east sides of the property. EXC10-00001 4/14/10 Approval of off-site parking in a municipal parking facility to satisfy the minimum parking requirements for a mixed use building to be constructed in the Central Business (CB-10) zone at 225 South Gilbert Street. 4 EXC10-00002 4/14/10 Approval to reduce the minimum off-street parking requirements for a business located in the General Industrial (I-1) zone at 2630 Independence Road. EXC10-00003 4/14/10 Approval of a Vehicle Repair Use to be located in the Community Commercial (CC-2) zone at 1911 Keokuk Street. EXC10-00004 5/12/10 Deferral of application to allow a Bed and Breakfast Inn to operate in the 6/9/10 Central Business Service (CB-2) zone at 511 E. Washington Street. PLANS FOR FISCAL YEAR 2011 The Board will continue to consider appeals, special exceptions and variances to the Zoning Chapter as they are requested and to make recommendations to the Planning and Zoning Commission and the City Council regarding the Zoning Chapter. BOARD MEMBERS Robert Anderson Barbara Eckstein Terry Hora (term ended 12/09) Will Jennings Caroline Sheerin Le Ann Tyson (term began 12/09) 5 AIRPORT COMMISSION GENERAL RESPONSIBILITIES The Iowa City Municipal Airport Commission is afive-member commission responsible for formulating policy and directing administration of the Iowa City Municipal Airport as a public facility in accordance with local, Iowa Department of Transportation and Federal Aviation Administration regulations. The Commission was established by public referendum under Iowa Code in 1941. The Commissioners are appointed by the Mayor and approved by the City Council, with a six (6) year term of office. Beginning in 2010, Airport Commissioners will serve four (4) year terms. The Airport Commission meets monthly, with additional meetings as necessary. ACTIONS AND ACCOMPLISHMENTS IN 2010 Completed new Strategic Plan for FY2011-2015 Completion of reconstruction of Runway 7-25 and Runway 12-30 Secured ARRA grant for part of this work Continue development of Airport Viewing Area Rehabilitation of vehicle parking areas Continue marketing of Aviation Commerce Park - In process of selling Lot 10 Continue positive relationship with City Council and City Departments Changed terms for Airport Commission members from 6 to 4 years to encourage participation GOALS FOR FISCAL YEAR 2011 Continue development of Airport Viewing Area Begin construction of parallel taxiway for runway 7-25 Continue marketing of Aviation Commerce Park Continue positive relationship with City Council and City Departments Construction of new storage hangar(s) for larger business aircraft 6 AIRPORT ZONING BOARD OF ADJUSTMENT GENERAL RESPONSIBILITIES In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co-established the Johnson County-Iowa City Airport Zoning Board of Adjustment. It is the duty of this Board to hear and decide appeals where it is alleged that there has been an error in any administrative action in the enforcement of the ordinance, and to hear and decide on special exceptions that are specifically provided for in the ordinance and to authorize variances from the terms of the ordinance on appeal in specific cases. ACTIONS AND ACCOMPLISHMENTS IN 2010 The Board did not receive any appeals requests for exceptions or requests for variances during the past year. GOALS FOR FISCAL YEAR 2011 The Board will respond to appeals and other requests as it receives them and will make recommendations regarding the Zoning Ordinance. AIRPORT ZONING COMMISSION GENERAL RESPONSIBILITIES In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co-established the Johnson County-Iowa City Airport Zoning Commission. It is the duty of the Commission to advise and make recommendations to the Board of Supervisors and the City Council as to the appropriate zoning requirements and other matters pertaining to the physical development of areas of the county and the city surrounding the Iowa City Municipal Airport, so as to maximize compatibility between airport uses and the uses of the adjacent land. ACTIONS AND ACCOMPLISHMENTS IN 2010 The Commission did not meet in the past year GOALS FOR FISCAL YEAR 2011 The Commission will review zoning requests that may impact the Iowa City Municipal Airport 8 APPEALS, BOARD OF GENERAL RESPONSIBILITIES The responsibility of the Board of Appeals as set by City ordinance is to review the Building Code, the Fire Code, the Plumbing Code, the Mechanical Code, and the National Electrical Code and recommend amendments for these regulatory codes; to assist the building official in making interpretations; to hear appeals for any person that is aggrieved by a decision of the Building Official or Fire Chief and pass judgement on that appeal; and to consider alternate materials and methods of construction. The Board consists of seven citizens who live within the corporate limits of the City of Iowa City. ACCOMPLISHMENTS IN FISCAL YEAR 2010 • The Board recommended to City Council to proceed with the adoption of the 2009 edition of the Building, Residential, Mechanical, Plumbing, Fuel Gas and Fire Codes as amended. PLANS FOR FISCAL YEAR 2011 • Continue to work with the Home Builders Association to clarify code issues. • Hear appeals, requests for variances and modification, requests for alternate materials and methods of construction and requests for code amendments. 9 CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Code of Iowa and Section 2-111, Code of Ordinances, establish and govern the Civil Service Commission. Three citizens who are eligible electors and residents of the city are appointed by the City Council to serve four-year terms. The Commission establishes and publishes rules relating to examinations for civil service positions, establishes guidelines for conducting such examinations, and certifies lists of persons eligible for appointment to positions. The Commission has jurisdiction to hear appeals and determine all matters involving the rights of employees under civil service law and may affirm, modify or reverse any administrative action on its merits. The Commission meets when necessary. In maintaining full compliance with Code of Iowa Chapter 400, development and use of Civil Services selection procedures ACCOMPLISHMENTS IN FISCAL YEAR 2010 1. In maintaining full compliance with Code of Iowa Chapter 400, development and use of Civil Services selection procedures continued for all covered and promotion positions on a City-wide basis. Forty positions were filled from a total of 828 applicants for Civil Service covered positions other than Police Officer or Firefighter. 2. A certified list of 37 names was approved by the Civil Service Commission on October 22, 2009 for the position of Police Officer. Testing notification postcards were mailed to 162 individuals who expressed interest in the position prior to the beginning of the recruitment period. In addition, applications were available on the police recruitment web-site, mailed to interested individuals upon request and available for pick-up in Human Resources. Two hundred eighty nine completed applications were received. One hundred twenty applicants participated in the written test or had a valid POST test score on file, 101 applicants participated in the physical agility test, and 77 applicants were interviewed. 3. A certified list of ten names was approved by the Civil Service Commission on March 3, 2010 for the position of Fire Lieutenant. Seventeen candidates participated in a written test and 15 in an assessment center. 4. A certified list of five names was approved by the Civil Service Commission on March 3, 2010 for the position of Fire Captain. Five candidates participated in an assessment center. 5. A certified list of two names was approved by the Civil Service Commission on March 3, 2010 for the position of Battalion Chief. Two candidates participated in an assessment center. 6. A certified list of one name was approved by the Civil Service Commission on March 3, 2010 for the position of Deputy Fire Chief. One candidate participated in an assessment center. 10 PLANS FOR FISCAL YEAR 2011 During FY11 the Civil Service Commission will oversee the promotional process for the positions of Police Captain, Police Lieutenant and Police Sergeant certifying a list for each position in July 2010. The Commission will also oversee an entry level test for the position of Firefighter. The recruitment will start in August 2010 with a certified list anticipated no later than December 2010. 11 HISTORIC PRESERVATION COMMISSION GENERAL RESPONSIBILITIES The ten-member Iowa City Historic Preservation Commission is authorized to conduct studies for the identification and designation of local historic districts, conservation districts and historic landmarks. The Commission either proceeds on its own initiative or upon receipt of a petition from any person, group or association. The Commission furthers the efforts of historic preservation in the City by making recommendations to the City Council and City commissions and boards on preservation issues by encouraging the protection and enhancement of structures, objects, or sites with historical, architectural or cultural value; and by encouraging persons and organizations to become involved in preservation activities. The Iowa City Historic Preservation Commission is committed to working with other preservation organizations to implement a strong educational program designed to increase Iowa City residents' awareness and sensitivity to the cultural, architectural, and historical value of local structures, neighborhoods and districts. ACCOMPLISHMENTS IN FISCAL YEAR 2010 July 1, 2009 -June 30, 2010 - Held 12 regular meetings - Pursuant to the Historic Preservation Ordinance, the Commission reviewed 53 applications for projects on historic landmarks and properties located in a conservation or historic district. 12 applications for additions were approved. 34 applications for alterations were approved. 5 applications for demolitions were approved. • 3 applications for alterations, additions, new construction, or demolition were denied. (An alternative design was approved for one of these applications.) • 30 applications for projects that did not significantly change the exterior appearance of the structure were approved (Certificate of No Material Effect). 1 application for new construction projects was approved. 2 applications for additions were deferred. - Revised Iowa City Historic Preservation Handbook - Contracted Manville Heights neighborhood survey, performed by Svendsen Tyler, Inc. 433 addresses surveyed Final report identified 3 basic historic districts and a series of individual historic buildings. - Historic Preservation Awards. • On November 2, 2009, Friends of Historic Preservation, The Historic Preservation Commission, and the Johnson County Historical Society held the 27th Annual Historic Preservation Awards. 12 • 21 properties were recognized for the preservation and stewardship efforts of owners, contractors, craftsmen, consultants, and community organizations. Awards were given in the categories of Residential Rehabilitation, and Paint and Exterior Finishes, Additions and New Construction, among others. PLANS FOR FISCAL YEAR 2011: - Hold neighborhood meetings in areas that have completed intensive level survey (Manville Heights, Melrose, and Goosetown neighborhoods) • Represent findings of the survey Discuss possible next steps for the neighborhood in terms of Historic Preservation • Discuss the effects and benefits of Historic or Conservation District designation Assess interest within the neighborhood of pursuing local historic district designation and/or National Register of Historic Places district designation - Develop guide maps and walking tours. This will require cooperating with other entities which have role in heritage tourism, such a Friends of Historic Preservation, the Downtown Council and the Johnson County Historical Society. - Continue to advise City Council, and other boards and commissions regarding matters of historic preservation policy. - Continue liaison and cooperation with the City Council, Johnson County Board of Supervisors, Iowa City/Coralville Convention and Visitors Bureau, John County Historical, Society, Johnson County Historic Preservation Commission, State Historical Society of Iowa, and Friends of Historic Preservation. 13 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION GENERAL RESPONSIBILITIES The Housing and Community Development Commission (HCDC) consists of nine Iowa City residents appointed by the City Council. They represent, as nearly as possible, across-section of the Iowa City population in background, ideas, geographic location, age and socioeconomic status. Committee members serve for three years. The purpose of HCDC is to advise the Council on community needs in general and on the use of Community Development Block Grant (CDBG) and HOME Investment Partnership program (HOME) funds from a citizen viewpoint. To accomplish this HCDC provides systematic communication between citizens and policymakers with regard to community development projects. The Commission's work has been primarily directed at developing, coordinating, and reviewing the City's activities carried out in conjunction with the City's Consolidated Plan (CITY STEPS). In addition, the Commission reviews the Community Development Division and Iowa City Housing Authority policies and periodically makes recommendations to the Council regarding these policies. ACCOMPLISHMENTS IN FISCAL YEAR 2010 In FY10 the City of Iowa City and its subrecipients expended $973,347 in CDBG funds and $509,000 in HOME funds to assist low-moderate income persons. To ensure that community needs are met, HCDC members monitored projects throughout the year. The FY10 project accomplishments are as follows: • Economic Development Fund -Reviewed 3 applications; funded one business creating 3.0 FTEs. Staff continued to market the fund to the community and local lenders • Operational Funds- Aid to Human Service Agencies (4,941 persons) • Operational Funds -Successful Living (37 persons) • Operational Funds -Iowa City Free Medical Clinic (482 persons) • Operational Funds -Shelter House (410 persons) • Facility Rehabilitation -Arc of Southeast Iowa (376 persons) • Facility Rehabilitation -Community Mental Health Center (2,662 persons) • Facility Rehabilitation -Domestic Violence Intervention Program (333 persons) • Facility Rehabilitation -Neighborhood Centers of Johnson County (underway) • Exterior Rehabilitation -United Action for Youth (1,375 persons) • New Construction -First Mennonite Church -Home Ties Addition (61 persons) • New Construction -Shelter House (underway) • Rental Rehabilitation -MECCA (14 households) • Rental Rehabilitation -Bill Wittig (23 households) • Affordable Rental Housing -Isis Investments LLC (3 units) • CHDO Operating Expenses -The Housing Fellowship • Affordable Rental Housing -The Housing Fellowship (underway) • Tenant Based Rent Assistance -Iowa City Housing Authority (underway) • Housing Rehabilitation- City of Iowa City (29 households) • Affordable Homeownership -Dolphin International LLC (project cancelled) • Administration -CDBG & HOME 14 Prior Year Projects Completed in FY10: • Building Acquisition - FY09 Iowa City Free Medical Clinic (2,662 persons) • Facility Rehabilitation - FY09 Neighborhood Centers of Johnson County (1,679 persons) • Transitional Housing - FY09 Hawkeye Area Community Action Program (1 unit) • Downpayment Assistance - FY09 Iowa City Housing Authority (5 households) • Recreational Facility - FY08 Wetherby Splash Pad (area benefit) • Lot Acquisition - FY07 Habitat for Humanity (3 units) PLANS FOR FISCAL YEAR 2011 A total of $2,077,241 was allocated to 19 projects, plus program administration for FY11. The following is a list of the FY10 projects: • Facility Rehabilitation -Domestic Violence Intervention Program • Facility Rehabilitation -Iowa City Free Medical Clinic • Facility Rehabilitation -Johnson County Extension/Big Brothers Big Sisters • Facility Rehabilitation -Mayor's Youth Empowerment Program • Facility Rehabilitation -MECCA • Operational Funds -Crisis Center • Operational Funds -Mayor's Youth Empowerment Program • Operational Funds -Iowa City Free Medical Clinic • Operational Funds -Shelter House • Aid to Human Service Agencies -UAY, ESI • Permanent Supportive Housing -Shelter House • Tenant Based Rent Assistance -Iowa City Housing Authority/DVIP • Affordable Rental Housing -Isis Investments LLC • CHDO Operating Expenses -The Housing Fellowship • Affordable Rental Housing -The Housing Fellowship • Affordable Homeownership -Iowa Valley Habitat for Humanity • Housing Rehabilitation -City of Iowa City • Economic Development Fund -City of Iowa City • Program Administration & Planning The commission will continue to assess Iowa City's community development needs for housing, jobs, and services for low and moderate income residents, and to promote public and private efforts to meet such needs. COMMISSION MEMBERS Brian Richman, Chair Charles Drum, Vice Chair Andrew Chappell Andy Douglas Jarrod Gatlin Holly Jane Hart Mike McKay Rebecca McMurray Rachel Zimmermann Smith 15 HUMAN RIGHTS COMMISSION GENERAL RESPONSIBILITIES Histo The Iowa City Human Rights Commission (HRC) was established in August 1963 as the Iowa City Human Relations Commission. In comparison, Des Moines established their Human Rights Commission in 1955, Davenport in 1962, Dubuque in 1963, Sioux City and Mason City in 1964, the State of Iowa in 1965, Waterloo 1966 and Ames 1974. Nine residents of Iowa City who are appointed by the City Council for three year terms serve on the Human Rights Commission. The Commissioners, all committed to civil rights, reflect a broad cross section of the community, thus ensuring diversity of ideas and interests. In the appointment process consideration is given to men and women of various racial, religious, cultural, social and economic groups within the City. Meetings The Commission holds monthly meetings in the Lobby Conference Room at City Hall on the third Tuesday of each month at 6:00 p.m. Special meetings are held as needed. The meetings are open to the public. General Duties • Disseminate information, educate the public on illegal discrimination and civil rights, and provide the enforcement necessary to further the goals of Title 2 (Human Rights Ordinance). • Cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of the Human Rights Ordinance. • Coordinate programs designed to eliminate racial, religious, cultural and other intergroup tensions. • Educate the public on illegal discrimination. Activities and Accomplishments of Staff and Commission for Fiscal Year 2010 Undoing Racism: Community Organizing Workshop, Participant. Iowa Accountability Program, Board Member. Diversity in Dialogue: Community Conversations for Change Series, Co-Sponsor. The Corridor's Diversity Climate Survey Report for Johnson and Linn Counties 2009 Presented and Conducted by Diversity Focus, Co-Sponsor. Neo African Americans: Implications for Diversity and Globalization, Co-Sponsor. Making a New Home: Refugees and Immigrants Speak Out About Their Experiences, Co-Sponsor. Free Basic Computer Course Series, Co-Sponsor. Community Connections Day, Co-Sponsor. 2009 Human Rights Breakfast, Sponsor. One Community -One Book: Animal, Vegetable, Miracle - A Year of Food Life, Co-Sponsor. My Beautiful Self 2010, Facilitator. Lunch and Learn: Community Insights on Domestic Violence, Sponsor. Martin Luther King Jr. National Holiday Proclamation, Presenter. Tools for Human Rights Advocacy, Participant. James Lawson, A Celebration of Martin Luther King, Jr. and the Human Rights Movement: Where We Have Been, Where We Are, Where We Are Going, Co-Sponsor. Connections Kickoff, Participant. The Arc's Shows of Shows, Participant. Millennium Development Goals: Past, Present and Future, Participant. 16 Brown Bag Lunch Series with Diversity Focus, Presenter. Sex and Civil Rights: Fair Housing in Iowa, Participant. Strangers, Tourists & Hood Rats: Street Gang Development, Participant. Night of A 1000 Dinners-Haiti Benefit, Co-Sponsor. Understanding Fair Housing Training, Sponsor. Fair Housing Training to Housing & Community Development Commission, Presenter. Building Blocks to Employment Job Fair, Co-Sponsor. Interrupt the Pipeline, Sponsor. Save Our Children, Participant. On Behalf of Guatemalan Children, Participant. Mediation Training, Participant. Diversity Focus: Crash Dialogue, Participant. Southeast Iowa City Strategic Planning, Participant. Discrimination & Harassment in the Workplace, Presenter. Town & Gown Civil Society Symposium: Reviving Civility 8~ Respect: Everybody's Responsibility, Co- sponsor. 2010 Youth Awards, Sponsor. The Arc of Southeast Iowa's Annual Awards Ceremony, Participant. Peace in Palestine, Co-Sponsor. National Alliance on Mental Illness Walk, Participant. Work Readiness Pilot Course for City High Students, Participant. Luncheon with General Colin Powell Korean War Memorial, Participant. Introduction to Human Rights on the Local Level, Presenter. Fair Housing Training to Planning 8~ Zoning Commission, Presenter. Mayor's Youth Empowerment Program: A Video Snapshot, Sponsor. Engaging Boards, Participant. Fair Housing Conference, Participant. Off Campus Living Expo, Participant. Rockin the Paradise: July 4th Parade-City of Coralville, Participant. What are Human Rights in the Context of Human Resources, Presenter. Community of Color: Getting Connected, University of Iowa, Participant. University of Iowa Center for Human Rights Board, Member. Cultural Diversity Day 2010, Participant. 17 Complaint Activity COMPLAINTS FILED BY PROTECTED CHARACTERISTIC Age ~ Color 8 Creed 3 Disability 28 Familial Status 3 Gender Identity 3 Marital Status 3 National Origin 4 Presence/Absence of Dependents 1 Public Assistance Source of Income 5 Race 19 Religion 4 Retaliation 18 Sex 9 Sexual Orientation 3 COMPLAINTS FILED BY AREA Credit 1 Education 1 Employment 28 Housing 13 Public Accommodation 9 Total Cases 52 RESOLUTIONS Mediated 3 No Probable Cause 1 ~ Administrative Closure 1 Right To Sue 2 Lack of Jurisdiction 6 Satisfactorily Adjusted 1 Withdrawn 0 Total Number of Resolutions 30 `Lack of Jurisdiction' refers to complaints that allege discrimination on a basis or in an area not covered by local law and also could include complaints that allege conductlactivity that even if true would not violate local anti-discrimination laws. 18 Summary Employment is still the largest area in which complaints were filed, followed by housing and public accommodation. In Fiscal Year 2010, there were 28 complaints filed in the area of employment. Housing had 13 and public accommodation had 9. Disability which includes mental and physical is the most common characteristic cited for the alleged discriminatory conduct. However if you merge mental and physical disability, race is the most common characteristic with 19 with mental and physical disability each having 14. Illegal retaliation and sex follow with 18 and 9 respectfully. 212 days was the average number of days to resolve complaints in Fiscal Year 2010. Plans for Fiscal Year 2011 • Continue to work with Economic and Housing Development and the Housing Authority to identify impediments to fair housing. • Hold public forums on issues pertinent to human and civil rights. • Continue to advertise in the Daily Iowan and Press Citizen. • Continue to advertise on City Channel 4. • Hold an annual Human Rights Breakfast. • Continue to participate in programs celebrating diversity. • Continue to co-sponsor Building Blocks for Employment Job Fair. • Continue to offer training on local anti discrimination law to local businesses, landlords, students, community and youth groups. • Continue to speak with different groups in Iowa City to assess level of need and areas of concern. • Continue partnerships with other local agencies not inconsistent with the mission. • Hold an annual Youth Human Rights Awards Ceremony. • Continue to provide fair housing training to City Boards and Commissions. • Continue to participate in the Volunteers in Service to America (VISTA) program. • Produce educational materials on how to file a complaint. • Participate in community forums and events. • Continue to receive legal training on civil rights. • Hold public forums on Community Dialogue in conjunction with the University of Iowa Center for Human Rights. Commission Members Dell Briggs, Chair January 1, 2008 -December 31, 2010 Dr. Howard Cowen January 1, 2010 -December 31, 2012 Constance Goeb January 1, 2010 -December 31, 2012 Dianne Day, Vice Chair January 1, 2009 -December 31, 2011 Wangui Gathua January 1, 2009 -December 31, 2011 19 Martha Lubaroff January 1, 2009 -December 31, 2011 Fernando Mena-Carrasco January 1, 2010 -December 31, 2012 Yolanda Spears January 1, 2008 -December 31, 2010 Corey Stoglin January 1, 2008 -December 31, 2010 20 BOARD OF LIBRARY TRUSTEES GENERAL RESPONSIBILITIES ACCOMPLISHMENTS IN FISCAL YEAR 2010 1. Hired consultant, conducted surveys, developed and approved new strategic plan for the Library. 2. Supported new nonprofit organization, Iowa City UNESCO City of Literature, by providing space and funding, supporting programs including the Iowa City Book Festival, and approving the Library Director's service on the governing board. 3. Adjusted to small budget cuts with programmatic reductions. Requested and received restoration of funding for Park `n Read program. 4. Improved information and marketing efforts with the online "Library Newsroom" and utilized the new website to promote library events and services. 5. Replaced library self-check stations, installed an additional self-check station, and upgraded RFID software and equipment. 6. Supported the Friends Foundation with 100% Board contributions and good attendance at Foundation events and programs. Instituted an onsite donation box. Requested funding to support author visit during the Summer Reading Program. 7. Incorporated early literacy techniques and materials into Children's Room programming and facility. Supported the construction and installation of the Book Nook. 8. Took a lead role in the Summer of the Arts Big Read county wide program and continued the grant funded ECO Iowa City partnerships and programs. 9. Provided excellent collections, including expanded online resources and new a-book collection. 10. Reviewed the following library policies: Finance Circulation of Library Materials Meeting Room Media Use Copyright Policy Library Access for Sex Offenders Convicted of Sex Offenses Against Minors 21 GOALS FOR FISCAL YEAR 2011 1. Hire a consultant to prepare a long rang plan for library facilities. 2. Implement goals and objectives of the new strategic plan. 3. Welcome new City Manager. 4. Request and advocate for budget sufficient to meet community needs for library services. 5. Expand partnerships with other City departments as the successful ECO Iowa City grant is completed. 6. Continue support of the Iowa City UNESCO City of Literature organization. 7. Work with the Friends Foundation to establish the Wade Society and support Foundation efforts. 8. Increase advocacy efforts on behalf of the Library. 9. Approve a contract to provide access to children's literature materials to University of Iowa faculty and students. 10. Update policies as needed. Board Members: Thomas Dean, President Holly Carver (beginning May, 2010) Michael Cohen (through April, 2010) Mark Edwards John Kenyon Thomas Martin Linzee Kull McCray Mary New Meredith Rich-Chappell Leon Spies 22 PARKS AND RECREATION COMMISSION GENERAL RESPONSIBILITIES The Parks and Recreation Commission recommends and reviews policies, rules, regulations, ordinances and budgets relating to parks, recreation, government buildings, central business district, cemetery and forestry, and makes such reports to the City Council as the Commission deems in the public interest. The Commission also exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. ACCOMPLISHMENTS IN FISCAL YEAR 2010 • Received copies of regular monthly reports from the Parks, Forestry, CBD, Recreation and Cemetery Divisions, providing the Commission with valuable insight into the daily operation of each division. • Received weekly and monthly reports from the Director on the progress of all-ongoing projects, construction, etc. • Conducted annual tour of parks and facilities. • Recommended to City Council approval of Recreation Division Fees and Charges proposed for FY10 and tentative proposals for FY12-14 • Reviewed and prioritized the department's proposed Capital Improvement Projects for FY2011- 2014, and recommended same to City Council. • Reviewed the department's proposed FY11 operating budget requests. • Continued efforts to acquire additional personnel to maintain and develop parkland, trails and open spaces, with emphasis on a Natural Areas Specialist. • Projects and special events completed in FY10 include: July 2009 • A proposal sent to City Council to change the name of the Sand Lake Recreation Area to the Terry Trueblood Recreation Area. • Phase 1 of the Terry Trueblood Recreation Area continues. • The Commission continues its focus on the Parks, Recreation and Trails Master Plan by forming a subcommittee to prioritize the goals of this plan. • The Commission begins discussions of cost recovery efforts by beginning a fee structure for affiliate groups that use Parks and Recreation facilities. • Commission writes a letter to Dale Helling suggesting that he consider promoting Mike Moran to the Parks and Recreation Directors position. August 2009 • Commission discusses the future of the Senior Swim Program at the Recreation Center. • Council approves recommendation to rename the Sand Lake property to the Terry Trueblood Recreation Area. 23 • Commission approves a one year contract between the City and JC Dog PAC and will continue with the 90/10 revenue sharing as in past years. (90% to Dog PAC, 10% to City) • Commission discusses writing and sending out a Farmers Market survey to the Community. • Downtown Association applies for a grant in Terry Trueblood's name to fund flower bed plantings in downtown Iowa City. September 2009 • Commission continues discussions regarding affiliate groups. • Commission conducted the annual parks tour. October 2009 • Commission reviews and approved a farmer's market survey draft. • Commission continues discussions regarding affiliate groups. • Commission reviews trail plan for Terry Trueblood Recreation Area. November 2009 • The Wayside Shelter, in the memory of Dee Norton, is complete at Hickory Hill Park. • Affiliate group discussions continue. • CIP Plan discussed. December 2009 • Discussion began regarding a proposal to waive swimming pool use fees for aides of disabled persons. • Affiliate group discussions continue. • Commission reviews and approves Parks and Recreation Fees and Charges. • CIP Review • Infant Columbarium added to the Cemetery. • Craig Gustaveson nominated as Commission Chair and Lorin Ditzler as Vice- Chair. January 2010 • Mike Moran is named Parks and Recreation Director. • Commission adopts new policy allowing personal care attendants free admissions to a city pool when they accompany a person with a disability. • Farmers market survey results compiled and shared with Commission. February 2010 • Affiliate Group Usage Policy reviewed and approved by Commission. • Farmers Market vendors attend Commission meeting to discuss future plans of the market based on survey results. • Superintendent of Recreation search begins. 24 March 2010 • Commission reviews draft naming policy sent by Dale Helling. Commission suggests that various foundations get together to review. • Snyder 8~ Associates presents Phase 2 Plan for Terry Trueblood Recreation Area. May 2010 • Affiliate group discussions continue. City Council asks for more dialogue and to meet with Commission before plan is adopted. • City starts discussions with the Chadek family about the possibility of purchasing land owned by them located south of City High School on Court St. • Statue dedication in honor of Terry Trueblood scheduled for May 15, 2010 at the Kickers Soccer Complex. • An outside group starts investigating the possibility of a year round farmer's market location. June 2010 • Chad Dyson announced as the new Recreation Superintendent. • Wetherby Splash Pad dedication on June 15, 2010. • Commission approved an amended one year contract with JC DogPAC allowing the deduction of staff fees for park attendants from the dog park revenues with the remaining revenues being split 90% to DogPAC and 10% to the City of Iowa City. 25 PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES Act as the Zoning Commission of the City. Direct surveys and studies to be conducted and maps, plans, or plats to be made compliant with the City's Comprehensive Plan and zoning regulations. Recommend amendments and supplements to the City Council for the Comprehensive Plan, Zoning Chapter and Subdivision Regulations. Make recommendations to the City Council on development proposals, such as planned developments, subdivisions, street vacations and annexations. ACCOMPLISHMENTS IN FISCAL YEAR 2010 During FY10 the Planning and Zoning Commission held 16 formal and 11 informal meetings. During the period of July 1, 2009 to June 30, 2010, the Commission made the following recommendations to the City Council: Rezonings: 9 Recommendations for Approval Case Number Date Case Summa REZ09-00005 8/20/09 Rezoning from Community Commercial (CC-2) zone to Intensive Commercial (CI-1) zone for approximately 3,450 square feet of property located at 611 Southgate Avenue. REZ09-00007 10/15/09 Rezoning from Interim Development Single Family (ID-RS) zone to Medium Density Single family (RS-8) zone for 7.91 acres located on Huntington Drive, subject to a conditional zoning agreement. REZ09-00008 11/5/09 Rezoning to amend the Conditional Zoning Agreement (CZA) to modify the concept site plan, including landscaping plan and building elevations, and a Preliminary plat of Wal-Mart Subdivision subject to conditions. REZ09-00010 11/19/09 Rezoning to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. REZ09-00006 1/21/10 Rezoning from County Agricultural (C-AG) to Interim Development Research Park (ID-RP) for approximately 132 acres of land near the intersection of Highway 1 and Interstate-80. REZ09-00011 2/4/10 Rezoning from Commercial Office (CO-1) zone to Intensive Commercial (CI-1) zone for approximately 5.05 acres of property located on Mormon Trek Boulevard, south of Eagle View Drive. REZ10-00002 3/18/10 Rezoning from County Agricultural (A) to Institutional Public (P-2) zone for 1.66 acres of land located at 4265 Oak Crest Hill Road SE. REZ10-00004 4/15/10 Planned Development Overlay rezoning, subject to Conditional Zoning Agreement (CZA) for: 26 • Approximately 60.32 acres of land from Interim Development- Research Park (ID-RP), to Overlay Planned Development-Office Research Park, OPD-ORP; • Approximately 56.48 acres of land from Interim Development- Research Park (ID-RP) to Overlay Planned Development- Research Development Park (OPD-RDP); and • Approximately 24.49 acres of land from Interim Development- Research Park (ID-RP) to Overlay Planned Development-Mixed Use, OPD-MU REZ10-00008 5/20/10 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). Subdivisions: 5 Recommendations for Preliminary Plat Approval SUB09-00004 07/16/09 Stone Bridge Estates Part 6-9, a 102-lot, 36.32 acre residential subdivision located north of Court Street, south of Lower West Branch Road, west of Taft Avenue. SUB09-00010 12/17/09 Windsor West Parts Two and Three, a 58-lot, 25.78 acre residential subdivision located north of American Legion Road, south of Cumberland Lane, on Buckingham Lane. SUB09-00008 11/5/09 Wal-Mart Subdivision SU610-00005 5/6/10 Moss Green Urban Village, an 18-lot, approximately 235-acre office park and mixed use development subdivision located west of North Dodge Street/Highway 1 and north of Interstate 80, subject to approval by the City Engineer. SUB10-00006 5/6/10 Brookwood Pointe, an 80-lot, 21.98-acre residential subdivision located west of Sycamore Street, north of Terrapin Drive. Subdivisions: 2 Recommendations for Preliminary and Final Plat Approval SU609-00006/ 8/20/09 Johnson County Extension Service, a 1-lot, 1.64 acre subdivision SUB09-00007 locatedat 4265 Oak Crest Hill. SUB09-00009 11/19/09 Hunter's Hideaway, a 1-lot (with an outlot for private open space), 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street. Annexations: 2 Recommendations for Approval ANN09-00001 1/21/10 Annexation of approximately 132 acres of land near the intersection of Highway 1 and Interstate-80. ANN10-00001 3/18/10 Annexation of 1.66 acres of land located at 4265 Oak Crest Hill Road SE, subject to conditions. 27 Urban Renewal Plan: 1 Approval 3/18/10 Moss Green Urban Village for approximately 243 acres of property located north of Interstate 80, west of Highway 1. Code Amendments: 8 Recommendations for Approval 8/20/09 Text amendment to allow communication towers in Interim Development Residential 9/3/09 zones. 10/15/09 Amendment to allow flexibility in the type of fencing allowed for salvage yards, including additional language stating that flexibility is allowable where nearby uses will not be harmed by the reduced requirements. 10/15/09 Amendment to allow specialized educational facilities in the CI-1 zone where such use will be functionally compatible with surrounding areas such that the health and safety of clients/students are not compromised, as outlined in the staff report. 10/15/09 Amendment to correct problematic language that will make it easier to extend wheelchair ramps and stoops into setback areas for all types of buildings. 10/15/09 Amendment clarifying provisions in article 14-3A Planned Development Overlay. 10/15/09 Amendment to subsection 14-76-7 to indicate the use of the Engineering News Record rather than the Means Square Foot Costs Manual when determining the parking facility impact fee. 5/20/10 Amendment to allow more flexibility in the application of development standards as they apply to nonconforming developments. 5/20/10 Amendment to refine the definition of regulated stream corridors to exclude drainage-ways that do not have a bed and bank defined by an ordinary high water mark and a definite direction of flow. Comprehensive Plan Amendments: 1 Recommendation for Approval 1/21/10 Amend the long-range planning growth area boundary to accommodate the annexation proposed by the Moss Green Development Corporation. Plans for Fiscal Year 2011 1. Complete Southeast District Plan including Towncrest Design Plan 2. Complete Riverfront Crossings Plan 3. Review CB-2 standards 4. Review of CB-10 zone requirements -setbacks, parking (already addressed) ,height limits, number of bedrooms (already addressed) 5. Draft Urban Mixes Use zone for Riverfront Crossings, Towncrest and other areas 6. Draft entryway overlay zone or standards for properties at the major entrances to the city 7. Research allowing and regulating alternative energy sources including wind and solar 8. Begin comprehensive plan update 28 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2010 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY10 the Board held twelve meetings and one Community Forum. Five meetings were cancelled or not held due to lack of Board business, quorum issues and weather. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations In November of 2009, the Board held its second Community Forum as required by the change in the City Charter. The PCRB Chair, Donald King, gave a presentation on the complaint process and the Police Chief, Sam Hargadine, gave a presentation on the Use of Force policy. There were six members of the public that spoke at the forum. Topics of discussion included the following: Location and Format of Community Forum, Use of Force, Counseling Following Use of Force, ICPD Priorities, Ammunition Restrictions, and PCRB Past Performance. Board Members In September of 2009, Michael Larson and Greg Roth's terms ended and were replaced by Joseph Treloar and Vershawn Young. In October officers were nominated with Donald King as Chair and Janie Braverman as Vice-Chair. Abbie Yoder later resigned and was replaced by Royceann Porter in March of 2010. COMPLAINTS Number and Type of Allegations Four complaints (09-06, 10-01, 10-02, 10-03) were filed during the fiscal year July 1, 2009 -June 30, 2010. Three public reports were completed during this fiscal period (09-03, 09-04, 09-05) and two complaints were dismissed (09-06, 10-02). The remaining complaints filed in FY10 are pending before the Board (10-01, 10-03). 29 Allegations Complaint #09-03 1. No medical assessment was conducted when Citizen A was arrested. NOT SUSTAINED. 2. Citizen A's attackers were not pursued. NOT SUSTAINED. 3. No medical assistance or treatment was offered prior to Citizen A being placed in jail. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 4. No continued medical assessment was conducted after Citizen A fell asleep in his cell. This allegation involves Johnson County Sheriffs Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 5. Citizen A who had open wounds was allowed to be in the presence of others in a jail cell. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 6. Due to Citizen A's open wound, he was exposed to contaminants in the jail cell. He was not offered gauze to protect against infection. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 7. Citizen A was in jail for 11 hours and while there, had no access to water to drink or clean up with. This allegation involves Johnson County Sheriffs Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED A statement attached to the original 09-02 complaint was from Citizen A. An investigation was initiated on these allegations and the findings are listed below as Allegations 8 through 13: 8. Citizen A alleges that he was not read his Miranda warning. NOT SUSTAINED 9. Citizen A alleges that he was sworn at by police and demeaned by the officer's language. NOT SUSTAINED 10. Citizen A alleges that he was threatened with force. NOT SUSTAINED 11. Citizen A alleges that he was threatened with having the police car filled with tear gas. NOT SUSTAINED 12. Citizen A alleges that he was not allowed to tell the arresting officer his account of what happened nor did any officer ask him for his account of what happened, nor was there an acknowledgement of him having been assaulted and injured. NOT SUSTAINED 13. Citizen A alleges that while in jail, he was offered no medical attention nor was medical intervention provided by jail staff. This issue does not involve Iowa City Police personnel and should be referred to the other agency involved. NOT SUSTAINED A statement attached to the original 09-02 complaint was from Citizen B. An investigation was initiated on these allegations and the findings are listed below as Allegations 14 through 18: 14. Citizen B alleges that he was told to leave the area after Citizen A was handcuffed and was not given the opportunity to give a statement about his and Citizen A's assault. He also alleges that the officer was not interested in pursuing the perpetrators of Citizen B's assault. NOT SUSTAINED 15. The statement also includes references to the officers being non-responsive to his inquiries about Citizen A and the assaults. NOT SUSTAINED 16. Citizen A also alleges that the officers threatened him with force if he did not quiet down, and that officers were rough with him when they put him into a police vehicle. NOT SUSTAINED 17. The statement further alleges that later that night, he saw the assault suspect, tried to summon officers who were with another subject, and they refused to assist him and refused to give him their names. NOT SUSTAINED 18. Citizen B alleges that when he tried to pick-up Citizen A from jail, jail staff told him he could pay the Citizen A's fine or leave. NOT SUSTAINED 30 Complaint #09-04 1. Citizen alleges that Officer A harassed him during the incident of June 19th. NOT SUSTAINED Complaint #09-05 1. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint applying handcuffs too tightly to his wrists. (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT SUSTAINED 2. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint failing to loosen handcuffs around his wrists in a timely manner after being advised they were too tight. (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT SUSTAINED 3. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint causing inflammation (soft tissue bruising) and pain in his "carpal area". (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT SUSTAINED Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 2 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the twenty-two allegations listed in the three complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #09-03 Both of these incidents are unfortunate, but both on-scene and post-event investigations were hampered by the victims themselves. 31 Citizen A was arrested entirely on his level of intoxication and corresponding behavior that night and had nothing to do with the fact that he was a victim of an assault. He was detained initially so officers could evaluate his role in the conflict. Only as the contact between Citizen A and the police officers escalated was the decision to arrest him made. He was arrested for public intoxication; being under the legal age; being profoundly intoxicated; and unable to attend to his own actions safely and satisfactorily. Citizen B was aggressive and, by his admission to Officer D, intoxicated. He did not like the way the officer took report information, even though the officer repeated the information back to him. He challenged the manner in which officers were dealing with a separate issue were deployed, asserting that his issue was a priority and was defiant when told differently. He has also failed to show investigators evidence related to his assailants identification (the cell phone photo). Complaint #09-04 While the Citizen may not have been harassed under the definition of the Iowa Code, the Citizen felt he had been harassed because he was stopped, then let go, and then stopped a second time. Had the officer stopped him and completed his investigation in a single stop, the Citizen would not have felt harassed. The PCRB feels it's important that the officers behave in a way that the citizens don't feel harassed and that this particular agitation could have been avoided Complaint #09-05 The Iowa City Police Citizen's Review Board did examine records and listened to the recording from the police car as part of their investigation into this complaint. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after aname-clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY10 annual report a total of five officers were involved. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. 32 Category/Number of Complainants Age: National Origin: Under 21 0 US Over 21 2 Unknown Unknown 1 Sexual Orientation: Heterosexual 2 Unknown 1 Marital Status: Single 2 Married 0 Unknown 1 Physical Disability: Unknown 3 BOARD MEMBERS Donald King, Chair Janie Braverman Michael Larson /Joseph Treloar Greg Roth / Vershawn Young Abbie Yoder / Royceann Porter Gender Identity: Female Male Unknown Religion: Unknown Color: 0 White 3 Black Unknown Sex: 0 Female 2 Male 1 Unknown Mental Disability: 3 No Yes Unknown 0 1 0 2 1 0 0 3 33 PUBLIC ART ADVISORY COMMITTEE GENERAL RESPONSIBILITIES The Public Art Advisory Committee was formed in 1997 after the City Council established the Iowa City Public Art program initiated by the Arts/Business Partnership of the Iowa City Area Chamber of Commerce. The first meeting of the Committee was in 1998. The Committee is comprised of seven members who represent art professionals, the general community and City departments engaged in projects in which public art may be incorporated. The Committee was charged with developing the Iowa City Public Art Program, including by-laws for the Committee and procedures for the commissioning, procurement, maintenance, and deaccessioning of public art. ACCOMPLISHMENTS IN FISCAL YEAR 2010 ^ Completed the installation of Simple Flight by Jason Messier at the Peninsula Showcase Pad as a one year exhibition. ^ Developed and secured approval of a budget proposal for City Council review that would provide for an "abbreviated Public Art Program" of $14, 500 including the Neighborhood Art Program, Poetry in Public, two temporary sculpture displays and to assist in funding a grade school for a school mascot art program. ^ Began discussions with the Grant Wood Neighborhood Association on a Neighborhood Art project for their neighborhood. Jill Harper, artist for the current Washington Hills Neighborhood Association project at Pheasant Hill Park has offered to coordinate the project and help the residents through the process. ^ Continued oversight of Neighborhood Art project by Washington Hills Neighborhood Association with artist Jill Harper to produce a mosaic bench and 10 mosaic covered plinths to lead the way in Pheasant Hill Park. Project is expected to be completed in the Fall, 2010. ^ Participated in the dedication of the Lemme Leopard: sculpture by John Coyne. The Community Initiated Public Art had allocated $1000 to the project. The balance of the costs (@$7000) were provided by other donors as well as residents of the Washington Hills Neighborhood Association and Lemme families. ^ Discussed proposal by Bounnak Thammavong to assist the Public Art Advisory Committee in expanding its program and funding options. ^ Established interest in working on an art component involved in the "panhandling parking meters" ^ Selected Seed by Bounnak Thammavong to be displayed on the Downtown Showcase pad for a one year exhibit. ^ Completed the Poetry in Public program for another year increasing the number of submissions by 10%. The Poetry in Public Art Program, initiated in 2009 successfully displayed over 38 poems with accompanying artwork created by both adult and child artists from Johnson County. Technigraphics hosted the display in their window during Artsfest. ^ Hosted a third KIDZTENT at the downtown Artsfest on June 6, soliciting participating artists to provide donation of their artwork so that children 12 and under could buy art. Prices were no higher than $5.00. Raised $492.50 to be donated to Summer of the Arts. ^ Considered and accepted the donation of 4 wooden sculptures by the Art Small, Howard Horan and Stephen Dewey families. 34 REVIEW, BOARD OF GENERAL RESPONSIBILITIES The Board of Review is established and governed by the Code of Iowa, Chapters 441.31 to 441.44, for the purpose of equalizing assessments by raising or lowering individual assessments as established by the Assessor. The Board also makes the final rulings each year on exempt properties. The Iowa Department of Revenue 8~ Finance issues to the Board of Review a manual to guide them in their work, along with forms for the original meeting, daily meetings, and the final meeting. The Board must also file a report on their session with the State Director of Revenue & Finance within 15 days of adjournment. The Board's meetings are subject to the open meetings law. The Board also must include in their written notice to the petitioner the specific reasons for their actions. ACCOMPLISHMENTS IN FISCAL YEAR 2010 The following is a report on the activities of the Iowa City Board of Review since adjournment on May 26, 2009. The Iowa City Board of Review met on 5 days during the period of May 1 to May 28, 2010. The Board received a total of 65 petitions. These have been broken down by classification along with their outcome and are listed below. 41 Residential 6 Upheld 35 Denied 23 Commercial 6 Upheld 17 Denied 1 Industrial 1 Upheld 0 Denied 65 Total 13 Upheld 52 Denied For 2010 seven commercial property owners filed appeals in District Court. Six District Court appeals from 2009 are still pending. A new level of appeals was enacted into state law and became effective January 1, 2007. Three commercial properties and one residential property appealed to the Iowa Property Assessment Appeal Board (PAAB) for 2010. Two commercial appeals are pending from 2009. PLANS FOR FISCAL YEAR 2011 Since the Board of Review hears only protests brought to them by others, there is no way to predict the amount of work for next year. But, because 2011 is a reassessment year, the workload is expected to be greater than the session just finished. 35 SENIOR CENTER COMMISSION GENERAL RESPONSIBILITIES The Senior Center Commission is comprised of seven members with renewable three- year terms. Six Commission members are appointed by the City Council. The seventh at-large member must be a Johnson County resident who lives outside of Iowa City. This person is appointed by a majority vote of the six Council appointees. Duties and powers of the Commission include serving in an advisory role to the City Council with regard to the needs of the Senior Center. Commission members make recommendations on policies and programs and join staff and other interested persons in seeking adequate financial resources for the operation of the Center. They encourage full participation of senior citizens in Center programs and activities and work to ensure that the Center is well integrated into the community. Commissioners encourage partnering with other organizations to meet the needs of senior citizens; serve in an advocacy role with regard to the needs of senior citizens; and assist the City Manager in the evaluation of personnel. ACCOMPLISHMENTS IN FISCAL YEAR 2010 • Participated in a community-based five-year goal planning process and assessment of nine operational areas. The assessment used the standards of excellence developed by the National Institute of Senior Centers, a professional network of the National Council on the Aging, Inc., to guide their review of the Center's administration, community connections, evaluation, facility and operation, fiscal and asset responsibility, program development and implementation, purpose and planning, and records and reports. Recommendations from this assessment were used to develop a strategic plan. • Monitored the success of 2009 changes in the parking permit program that were intended to increase revenue and offset expenses associated with the program. • Continued to monitor and evaluate the success of the participant cost sharing membership program. While many programs are open to the public, Senior Center memberships provide people with expanded access to the facility and programming. During Fiscal Year 2010 memberships climbed to 1300 and generated $31,393 in operational revenue. • Legally changed the name of Iowa City Senior Center Fund, Inc. to Friends of the Center. Friends of the Center is a 501(c) (3) that will conduct fundraising projects to support the current and future operation of the Center. Friends of the Center is responsible for managing assets in the Iowa City Senior Center Endowment and Iowa City Senior Center Charitable Giving accounts held in the Community Foundation of Johnson County. Members of the Board include the executive committee of the Senior Center Commission, the Center Coordinator, and four community members. • Accepted the transfer of $19,210 in annual earnings from the Senior Center Endowment to support the FY10 operational budget. 36 • Encouraged and received in to the City-managed Gift Fund $5,844 in donations from bequests, participants, community members and area business to support current and future operational expenses. • Encouraged and expressed appreciation for volunteer fundraising efforts like the annual quilt raffle, the Senior Center Quitters, the telephone recycling project, and the Holiday Craft Sale. Funds generated through these activities support current operational expenses. • Recognized staff efforts in coordinating 498 volunteers who worked to support Center programming between January 1, 2009 and December 31, 2009. • Sponsored the Volunteer Recognition Breakfast honoring the volunteers who supported the operation of the Center during calendar year 2009. • Supported Center sponsored special events such as the Member Appreciation Dinner and the kick-off event for the Iowa City Arts Fest, the Boomer Bash. • Endorsed staff efforts to develop and implement programming that reaches out to populations in the city and county that are underrepresented as participants in Center programming. • Provided regular updates to the members of the Iowa City Council and Johnson County Board of Supervisors on Senior Center issues and activities. • Supported staff in hosting the first Senior Center New Horizons Band Camp. This event brought participants from around the country and Europe to the Iowa City area for one week. • Supported promotional efforts to increase membership and educate the community about Center programs and services. • Approved and commended staff efforts to develop innovative programming and to participate in community-based initiatives, partnerships, and organizations that support successful aging. • Supported staff efforts to provide meaningful learning experiences for University of Iowa students who pursued opportunities at the Center as a part of their academic training. These students represented diverse academic areas including Aging Studies, Social Work, Nursing, and Multi-media. • Supported the Curriculum Committee and their work in program planning and evaluation, sponsorship of community forums to solicit feedback on the Center, and efforts to increase the participation of members in Center operations. This latter activity resulted in the creation of a volunteer-based Senior Center Steering Council that involves volunteers in the areas of membership, program development and evaluation, fundraising and community outreach. • Made suggestions to improve information collection techniques and increase the accuracy of Center participation counts. • Participated in updating the Center's Code of Conduct and developing a progressive discipline policy for people who violate the code. 37 • Encouraged and supported staff involvement in a variety of community committees and work groups focusing on such things as a health fair, community celebrations and events, livable communities, senior transportation, senior health issues, and other similar topics. • Supported a Martin Luther King Day program featuring Rev. James Lawson, who was Martin Luther King's theologian. • Met with the Directors of Heritage Area Agency on Aging and Elder Services, Inc., to discuss ownership and use of the kitchen equipment and consider which agency (Senior Center, Heritage Area Agency on Aging, or Elder Services) should be responsible for equipment upkeep. • Reviewed and considered recommendations from the volunteer managers of the ElderCraft Gift Shop, the shop's record of sales and number of visits, and the inability of staff to adequately identify volunteers willing to staff the shop. Based upon this information and staff recommendations, the Commission supported a decision to discontinue the ElderCraft Gift Shop volunteer program. PLANS FOR FISCAL YEAR 2011 • Monitor the effectiveness of all fundraising activities; identify and cultivate potential supporters and contributors. Develop new strategies to promote donations to support Senior Center operations and programming. • Monitor the accumulation and use of funds held in the City-managed Gift Fund. • Support staff as they work to implement recommendations obtained during the comprehensive self-assessment completed in 2009/10. • Support staff and participate in the national accreditation process sponsored by the National Institute of Senior Centers, a professional network of the National Council on the Aging, Inc. • Actively solicit donations to support the Center's current and future programming. • Promote a positive awareness of the Senior Center and aging in general throughout the community. • Continue to support community partnerships to enrich programming and participation in community activities that promote recognition of the Center as a valuable downtown resource for seniors and other members of Johnson County. • Further strengthen mechanisms for meaningful participant and community involvement in the operation of the Senior Center. • Review and approve revisions to the Operational Handbook. • Review the current lease agreement with Elder Services, Inc. for the use of space and equipment to operate the Senior Nutrition Program and make modifications if necessary. 38 COMMISSION MEMBERS Jay Honohan, Chair Sarah Maiers*, Vice-Chair Chuck Felling, Secretary Mercedes Bern-Klug Michael Lensing, Jean Martin Rose Hanson * Appointed by Senior Center Commission All other members appointed by the Iowa City City Council 39 TELECOMMUNICATIONS COMMISSION GENERAL RESPONSIBILITIES The Iowa City Telecommunications Commission (ICTC) is a City commission comprised of five Iowa City residents and is mandated to facilitate and to regulate the smooth and effective development and operation of the City's Broadband Telecommunications Network (BTN), the City's cable television system, as well as advise on telecommunications related matters. The Commission makes its recommendations to City Council in matters pertaining to the BTN, resolves disputes about the operation of the BTN, conducts periodic evaluations of the BTN operations, and in general facilitates BTN use by citizens of Iowa City, which includes the promotion and facilitation of the access channels and community programming. ACCOMPLISHMENTS IN FISCAL YEAR 2010 Ongoing review of Federal and State legislative and regulatory activity related to cable television and other telecommunications industries. Oversaw basic cable rate and equipment regulation. Monitored and reviewed recent modifications to the State franchise law during the 2010 legislative session. Continued to support and work with relevant national organizations regarding legal challenges to FCC rule making related to the local franchising authority's rights and responsibilities. Monitored and reviewed legal developments affecting Iowa City's cable TV franchise. Monitored and commented to the FCC on the issue of retransmission fees especially regarding how this issue impacted Iowa City customers during the Mediacom/Sinclaire Communications Group negotiations. Continued the process of the Triennial Review of the current cable television franchise agreement with Mediacom. Reviewed subscriber cable TV complaints received by the Cable TV Administrator. Received and reviewed monthly, quarterly and annual program and progress reports from the Cable TV Administrator, City Channel 4, InfoVision Channel 5, Library Channel 10, Kirkwood's Channel 11, PATV Access Channel 18, Educational Channel 21, Senior Citizen Television (SCTV) and the University of Iowa Channel 17. 40 Subject to Approval YOUTH ADVISORY COMMISSION GENERAL RESPONSIBILITIES Established in November of 2005, by Resolution #05-371, the Iowa City Youth Advisory Commission consists of seven members appointed by the City Council. Resolution # 08-344 amended the by-laws on December 2, 2008, and required that all members be currently enrolled in an Iowa City high school or high school equivalent. Four members shall represent City, Regina, Tate, and West high schools. The three remaining members shall be at large. All members of the Commission shall be residents of Iowa City, and staggered two year terms begin January 1. The Council shall choose one council member to serve as the Council liaison and one council member to serve as an alternate liaison. Said liaison shall attend the Commission meetings. The mission of the Youth Advisory Commission is to promote understanding and awareness of Iowa City among Iowa City youth; allow a select group of youth to help make decisions concerning them and their peers; enable youth members to utilize and expand on their leadership abilities to serve as a mechanism for communication between youth and adults in Iowa City; and create a bridge whereon youth and adults can develop partnerships. The Iowa City Youth Advisory Commission will empower, engage, and foster youth participation in its local community; more specifically to provide a "sounding board" for youth issues affecting the Iowa City community youth. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2009/2010 Meetings The YAC holds monthly meetings and special meetings as necessary. During the reporting period the Board scheduled eighteen meetings; holding fifteen and rescheduling three due to lack of quorum. Accomplishments/Presentations/Projects Accomplishments: - Back to School Blowout - Aug09 - Held Televised Neighborhood Safety Forum - Oct09 - Publicized and awarded (2) Youth Empowerment Grants - Dec09 Presentations: - Prepared budget and appeared before Council on request Goals for FY2010 Implementation of four new projects (Award Recognition Grant; and Iowa City Rides) 41 BOARD MEMBERS Patrick Diamitani (At-Large)/Alexandra Tamerius (At-Large) Gary Black (At-Large) Vacant (Tate) Jerry Gao (At-Large)/Arianna Aron (At-Large)/Jerry Gao (At-Large) Hannah Green (Regina)/Matt Lincoln (Regina) Luan Heywood (City) Zach Wahls (West) Ross Wilburn, Council Liaison Connie Champion, Alternate Council Liaison 42 Marian Karr IP8 From: Mike Wright Sent: Tuesday, October 12, 2010 6:47 AM To: Marian Karr Subject: FW: Fwd: For Tom Markus; - City Manager; Re: 09-13-2010 Commission Meeting Attachments: 07-30-2010 251 Euclid Building Inspection Report.pdf; 08-30-2010 Letter To Jessica Cooper.pdf :~,~ -: 07-30-2010 251 08-30-2010 Letter Euclid Building... To Jessica C... FYI -----Original Message----- From: John Zupanc [mailto:john.zupanc@gmail.com] Sent: Mon 10/11/2010 1:22 PM To: Matt Hayek Cc: Dale Helling; Ross Wilburn; Regenia Bailey; Susan Mims; Mike Wright Subject: Fwd: Fwd: For Tom Markus; - City Manager; Re: 09-13-2010 Commission Meeting Dear Mayor Hayek: You may want to take a look at the following e-mail I sent to your new City Manager, Tom Markus in his capacity as City Manager Of Birmingham, Michigan. Bruce Johnson who is mentioned below is the current head of the Birmingham Building Department which like the Birmingham Police Department, is under Mr. Markus' control. Scott Worthington is in charge of building inspections for the city. Thank you very much for your time and consideration. Feel free to get in touch with me as you please. Sincerely John Zupanc 248 225-2771 John.Zupanc@GMail.com - Original Message -------- Subject: Fwd: For Tom Markus; - City Manager; Re: 09-13-2010 Commission Meeting Date: Tue, 28 Sep 2010 12:43:18 -0400 From: John Zupanc <john.zupanc@gmail.com> To: TMArkusc~ci.birmingham.mi.us Dear Mr. Markus: Two weeks have passed since I sent you the below e-mail. As of this writing I have not yet received a response from you nor have any of my concerns been satisfactorily addressed much less resolved and even less than that, no steps have been taken to make up for all of the harm that the City Of Birmingham has caused me and my business. All that I have received so far are two E-mails from Bruce Johnson which were filled with nothing but false information if not outright lies. You are aware of those two e-mails. You also received copies of my responses to Mr. Johnson's e-mails. So I would like to know, is Bruce Johnson lying or he does not know what is going on in his own department or is he simply not qualified to do his job? In the meantime, due to Mr. 1 Johnson's, or should I say your negligence, I and most likely many other renters here in Birmingham, have to continue living in an unsafe home. The City Of Birmingham, has been well aware of my concerns since early June. In case you do not recall, at the September 13, 2010 Commission meeting, after I presented my concerns to you, the Mayor and the Commission, Deputy Chief of Police, Mark Clemence stated that he was fully aware of my many communications with his department since early June. Need I remind you about some of the egregious actions carried out by the Birmingham PD, who like the building department, according to the organizational chart are your responsibility. You are the City Manager. Please don't say otherwise. Here is the Organizational Chart: http://www.ci.birmingham.mi.us/index.aspx?page=969 http://www.ci.birmingham.mi.us/clientFTP/documents/MISC/fullsizeorgchart.jpg If you weren't fully aware of these issues, which you should have been, after the 09/13/2010 meeting you were well informed of them. So there is no excuse for you not having yet done the right thing. I am holding you responsible for not doing something about the mess you created in both my personal life as well as that of my business. I know that you will be soon retiring, but until you do, you continue to receive a paycheck funded by tax payer dollars, mine included. Thus you have no excuse to not continue doing what you are being paid to do. If you feel incapable of being in charge, then I think that you should consider retiring now, not in May. The tax payers of Birmingham deserve better! Thank you very much for you time and consideration. Sincerely, John Zupanc 251 Euclid Avenue Birmingham, MI 48009 John.Zupanc@GMail.com 248 593-8157 ---------- Forwarded message ---------- From: *John Zupanc* <john.zupanc@gmail.com <mailto:john.zupanc@gmail.com » Date: Tue, Sep 14, 2010 at 11:11 PM Subject: For Tom Markus; - City Manager; Re: 09-13-2010 Commission Meeting To: TMArkus@ci.birmingham.mi.us <mailto:TMArkus@ci.birmingham.mi.us>, cityweb@ci.birmingham.mi.us <mailto:cityweb@ci.birmingham.mi.us> Cc: BMoran@ci.birmingham.mi.us <mailto:BMoran@ci.birmingham.mi.us>, SWorthington@ci.birmingham.mi.us <mailto:SWorthington@ci.birmingham.mi.us>, RackyHoff@hotmail.com <mailto:RackyHoff@hotmail.com>, Stuart.Sherman@sbcglobal.net <mailto:Stuart.Sherman@sbcglobal.net>, MarkForBirmingham@yahoo.com <mailto:MarkForBirmingham@yahoo.com>, SDM984@sbcglobal.net <mailto:SDM984@sbcglobal.net>, McDaniel_Tom@hotmail.com <mailto:McDaniel Tom@hotmail.com>, GDilgard@hotmail.com <mailto:GDilgard@hotmail.com>, Gordon4Bham@aol.com <mailto:Gordon4Bham@aol.com>, BJohnson@ci.birmingham.mi.us <mailto:BJohnson@ci.birmingham.mi.us>, KCooper@ci.birmingham.mi.us <mailto:KCooper@ci.birmingham.mi.us>, EROSett@ci.birmingham.mi.us <mailto:ERosett@ci.birmingham.mi.us>, MLabriola@ci.birmingham.mi.us <mailto:MLabriola@ci.birmingham.mi.us>, CWuerth@ci.birmingham.mi.us <mailto:CWuerth@ci.birmingham.mi.us>, RHoff~ci.birmingham.mi.us <mailto:RHoff@ci.birmingham.mi.us>, SSherman@ci.birmingham.mi.us <mailto:SSherman@ci.birmingham.mi.us>, TMcDaniel@ci.birmingham.mi.us <mailto:TMcDaniel@ci.birmingham.mi.us>, GDilgard@ci.birmingham.mi.us <mailto:GDilgard@ci.birmingham.mi.us>, GRinschler@ci.birmingham.mi.us <mailto:GRinschler@ci.birmingham.mi.us>, SMoore@ci.birmingham.mi.us <mailto:SMoore@ci.birmingham.mi.us>, MNickita@ci.birmingham.mi.us <mailto:MNickita@ci.birmingham.mi.us> Dear Mr Markus: From last nights council meeting, by the information you conveyed to me, it is my understanding that my home at 251 Euclid in Birmingham is a licensed and licensable rental unit despite the defects identified in the attached inspection report inducing a furnace that has not been checked for a cracked heat exchanger, a potential source of lethal carbon monoxide emissions. In addition to the defects that are listed in the report, I do not recall if I mentioned that the toilette won't flush, thereby creating a potentially unsanitary condition. Do you now still believe that my home is a licensable rental unit? Please let me know. Matters pertaining to the toilette were detailed in an e-mail I copied Mayor Hoff and Council Members on last Saturday, September 11, 2010. Have you seen that e-mail yet? During Mr. Worthington's visit to my home on or about August 20, 2010, I am sure that Mr. Worthington saw the defective toilette. Since the July building inspection, I discovered two additional electrical receptacles that are loose. Also, I do not understand why locking integrity is not covered by the building code. Entry into my home can be easily gained in less than 15 seconds with a credit card. I told Mr Worthington about this. He said that locking integrity is not covered. Thus, I feel that my personal safety and the security of my possessions are compromised. The need for a good lock on my home is compounded by the fact that the Birmingham PD won't respond to my 911 calls as I discussed during last nights meeting. Additionally, I am very distressed by what appears to be yours, the Mayors and the Commissions indifference if not apathy regarding my concerns with the Birmingham Police Department. Like I stated at the meeting, I believe that the Birmingham Police Department violated my civil rights by illegally entering my home on several occasions. Also, I do not feel that it is appropriate for the Birmingham PD to give legal advice. Furthermore, it appears to me that instead of keeping the peace by diffusing potentially conflicting situations, the Birmingham PD foments if not escalates conflict and antagonism between the residents of Birmingham. Like I said in the meeting, I feel unsafe in my own home. If I again have to dial 911, for example, in the event that my home is on fire or if I need EMS services, will my call again go unanswered? Please let me know. Thank you very much for your time and consideration. Please feel free to comment as you please. Sincerely John Zupanc John Zupanc 251 Euclid Avenue Birmingham, MI 48009 248 593-8157 John.Zupanc@GMail.com <mailto:John.Zupanc@GMail.com> 3 i 1~ iT`~tffri,Ffr- f;nrta~rta~r~of~ ~it~l~t~lGl't~ ClePs~l"~1'T1eC1 151 Martin Stree# ~irrningham, MI X8012 July 30, 2010 JC}HN D lUIYERS 33687 W04D1NARC7~ AVE BIRtUll4VGHAM MI 480Cf9-091 i Re; 1 ~-36002407 RENTAL. H+dUSING VIC3LATIC)N Location: 251 EUCLID f~VE Dear JC}Fl'N D l~9YERS; The biennial inspection of your rental unit referenced above has been completed. As directed by City C-rdinancer the property was inspected in accordance with the minimum standards of the 2009 edition of the International Property Maintenance Code (IPN1C}. The violations} listed below are a result of the inspection. The speck IPMC sectiern(s} cited islare shown in parenthesis after each violation. 504. Furnace, clean and check for a wracked heat exchanger {C© leaks} to tae done every two years. Rrovide a report to office.(Section 603.1} 220. Smoke detector required on first flovr,(Section ?04.2} 221. Smoke detector required in each room used #or sleeping purpose (first floor}.(Section 704,2} '! 14. Windows on the house shall be free from peeling ar chipping pant.(Section 304.2} Windows not able to remain in open position (2) '129..... House rain gutters and downspouts shall be maintained and in good repair.{Section 304.7) Downspout at rear. 151. Rear porch guardrail required when landing or stair is 30" or higher from grade. Guardrail is required to be a minimum of 30" in height.(Section 30+6.2} 141. Insect screens are required in every door opening for ventilation of habitable roorr~s and food preparation areas with screens tightly fitting and not less than 1 fi mesh par inch.(Section 304..14} 307. All electrical equipment, wiring and' appliances shall be properly installed and maintained in a safe and approved manner.(Section 695.1 }Loose receptacle in N.E. bedroom, wire below joist in basement support, cable cuff back of house. The above violations need to be corrected within 34-days from the date of this notice. However, any violations listed as Life Safety must be corrected within the time discussed at the inspection. It is necessary that you schedule a re-inspection once the violations are corrected. Riease call the automated inspection line at (248) 530-1860 (Rental} to request a specific date and time for re-inspection. Inspection requests are available from Monday thru Friday between the hours of x:00 a.rry. and ~:~~ p~rn. You will receive a call to confirm the date and time you requested. if all necessary corrections have not bury made by the time cif re-inspection and another inspection is necessary, an additional irtspectican fee will be charged. If the violations are not corrected and the re-inspection approved within the allotted time, a code violation ticket may be issued A time extension far corrections may be granted in extenuating circumstances. Requests far an extension must be submitted in writing and approved by the Building ~ffcial prior to the correction deadline. Sincerely, Scott 1Narthingtan -Rental Inspector J;~1~~ 1, 2013+@ ;~:1r ,~t;'xrt fu;:,°~~r. d ~~1 ~i:'airi ;;v:>n,~e ta.i~ialr`s.nd3[7~ r~sl :a~~;.~ r.~G~~ ~~• ~;.;:.,~,~. ~F STA 1 ~ 4'OL1GE ~ ~, J.;, ~d' i "J : i l ;C}# C .__~ C L cc ; ~: iiic r iro#r~ p,l ~ t~ ,,rA li. ~Pi t =#!I' e"Y ~1+l1 ~ 1 ~CYLI~ ~nr x ,,~;,it t1=;P ~ t i iuH~i I il,~ 1 _x..11 i '~ a~9~C7G" t ~,_r~~t , .l I+°, hp 13 ~lu~hrt 13 ~~'ir. _ .. )~E l -r„ ! .~ ~ : ~~ ~ r~f~?'r #G zr ,r r;`~i;;~ [fir ~~IG., ..Y: ~C~ _:~~~, ~ nnrj ( :`lr _~~? 'iy tt., 'r;rlt I~7t~i~-,~ ~1 ~. ! £~ ~~ 1 , 9~::.f~jr ;t _° I~ I , ~ 5':3~E ~r~.:~lf_u tli.ti ~ i c° I i.;rcy t- ~, i ~, tr~~ F ~,1~: ,~,,,i ~t ~ :~~Pr -r~r TF~ h.t fi s,' i w } I... _ ~'lt ~! ~~.~ (. ~. .~ .,~~ _.. 1~1 ~-!ICIi__ t '.~If_ t f~l[l tl,Jl .:i! !.. ~ :L l ..:~:. .=TLSI' ~l ~I. U~ii°.' ;..35x501 ~ C~;. . ~l ~".IJrS C` „t3i'~~. c7~hiS Tli' ~'-:,IGIhxlFili .~ L!~ }-C~ ° 'r°_~{' r~n~~~ [lv ~~r~d' 'i~~:at~i~" ~'I'J~fiE °_)t'I ii~_~;'J +, I eA 1~LIE`~,~~. #t .~I'i E91~! z:r~€?!`Ip ;tf .,.. _, v: OE 11 ~~ ~'.I;tt)I'tti'f ! ii 71rCt=~S~:'ICI": J>' E,1 ,`.~i • ~.ln .e1 tE:t.II~S: CIF ~ JGSti~ +lh~~x' If I-' S'Ir, G~`.~f~l'1f~1'iJl'I'~!'~£M~I~~ ~`Cf"~".t;~"111 Y~LS ~~C{3n~:c'iCI1.l" ~. we~c3=.c]f~:: _,01~-1..i ~~~r:~r~r-.;till ~S ~~?'I; i~ ;1#, ~~zkia~id CounCy Pt-o~e~ulol~ "'~~;., ~ , , , ~'.-,, .~- ~#~~# ~ou~ ~##~~1~:y~ ~:~r.c; ~c'f ~;rri~cr ~~~~I ~rov~~~ ~c~u tP~r, ~.7~$~}~ritai~ t~c~~° counsel [i7_ Vie, r~~Jl _r~ S.,~a`~I ~ ' I .r ..7ii. .<<r ~~ ' . w _-t I' t'. ,~ . ~ ~ L!i ~ (~ ~`' ~fkM?<w ru3=a;~t^,*i 41r-.U .;<r; ~~_rj' ....., i .., ii.. _..... -. ..,.. Jahn Zupanc 251 Euclid Avenue Birmingham, MI 48009 248 593-8157 Jahn.Zupane@ATT.ngit August 30, 2010 Jessica R Cooper fJakland County Prosecutor West Wing -Building 14E 1200 North Telegraph Raad Pontiac, Itllichigan, 48349-iU461 Clear Ms. Cooper: Relative to the attached letter, 1 request you to investigate the Birmingham Michigan Police ©epartment {BPI3} as follows:: A. The BPD teak a false police report and would not investigate the saki report and fallow up with charges against the individual who submitted the false police report. B. The BPD wrongfully if not illegally gave legal advice tv individuals t© use against me. C. The BPD wrongfully if not illegally assisted an individual tv enter my home several times. The last incident occurred an or about Thursday August 26, 2010 D. The 8PD would not attend to my concerns about an individual who forced his way into my home who 1 believe has the propensity to be physlly violent with me. E. The BPD would not attend to any of my cancems 1 have communicated to them in numerous a-mails and letters. These actions signifcantly contributed to wrongfully iF not illegally harm my professional and personal life, cause me considerable monetary damages and much emotional distress., Yau know, outstanding issues related to your office's involvement regarding the matter at hand remain intact. Evidence is still being gathered that will be used against your office. l want thin request to not be carried in unprofessionally as was my last request. Please refer tv the enclosed CD. if the matters 1 am cvncemed with are not criminal, then why am I now an the NCIC database? Your assistant prosecutor does not appear tv be very knowledgeable about legal matters. Thank you very much far your time and consideration. Please respond to this before the close of business an Thursday September 2, 2010. Sincerely Jahn Zupanc CC: Don Studt. ~"a+~ I of t John Zupanc 251 Euclid Avenue Birmingham, MI 480x79 248 5J3-8157 John.ZupancClUtaiLcom August 30, 2(118 Chief Don. Studt Birmingham Michigan Police Eepartment 151 Martin Street, first floor Birmingham, MI 480019 s~Jear Chief Studt: Again as they have dare several times over the past two months, your police officers wrongfully if not illegally assisted an individual to illegally enter my home on or about Thursday August 2fi, 2010. Please refer to enclosed CD. This adds to my fst of outstanding and unresolved issues with the Birmingham Police Department I continue to question the competence, effectiveness and unethical behavior of your department. Thank you very much for your time and consideration. Sincere) John Zupanc CC Jessica Cooper. ta'a~e 1 of 1 Page 1 of 1 Dale Helling ........_...... __ From: City of Iowa City [web@iowa-city.org] Sent: Thursday, October 07, 2010 11:19 AM To: Dale Helling Subject: POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM IP9 Re~eas~ The Police Citizens Review Board will be holding a Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. WHEN: Tuesday, November 9, 2010, TIME: 7:00 PM WHERE: The Spot 1030 Crosspark Ave, IC (corner of Crosspark Ave and Broadway St) Questions & Comments: Send your questions or comments you'd like addressed at the forum to the following by November 1st: Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 ore-mail to PCRB staff: kel lie-tuttleCa)iowa-city.orp The Board will attempt to address all correspondence received. The forum will be taped and rebroadcast on the Interactive City Channel 5. The agenda is available at: http~//www icaov org/default/aops/boards/boardList.aso 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 page for employment opportunities • View more news from the City of Iowa City. 10/8/2010 ______ POLICE CITIZENS REVIEW BOARD COMMUNITY contact: Kellie Tuttle FORUM Contact Phone: (319) 356-5043 Posted by: City Clerk Mailing Lists): General City News Originally Posted 10/7/2010 11:19:08 AM Page 1 of 1 Dale Helling From: City of Iowa City [web@iowa-city.org] Sent: Thursday, October 07, 2010 3:07 PM To: Dale Helling Subject: More bike racks installed in downtown and campus areas ...______. Rele~1S Iowa City continues to live up to its designation as a "Bicycle Friendly Community" -- an award it received last year from the League of American Bicyclists. The City recently installed six new bike racks in downtown Iowa City, which will add 36 bike-parking spaces. More than 450 bike racks are now available to the public in downtown Iowa City and the University of Iowa main campus. Two of the new bike racks were sponsored by the Bicyclists of Iowa City and placed in covered locations at the Capitol Street Parking Facility (Clinton Street entrance} and the Tower Place Parking Facility (Iowa Avenue entrance) for the protection and convenience of daily bike commuters. The other four racks were purchased by the City Parking Division and installed in front of City Hall on Washington Street, Bruegger's Bagel Bakery on Iowa Avenue, the University of Iowa Phillips Hall on Clinton Street, and Buffalo Wild Wings, also on Clinton Street. For a complete map of area bicycle parking facilities, see the Bicycle Parking Guide on the Johnson County Council of Governments website at www.~ccoa.org. For more information, contact Assistant Transportation Planner Kristopher Ackerson at 319.356.5247 or e-mail kristopher-ackerson(c~iowa-city.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 page for employment opportunities. • View more news from the City of Iowa City. IP10 10/8/201 ~ More bike racks installed in downtown and campus Contact: Kristopher Ackerson areas Contact Phone: (319) 356-5247 Posted by: Planning Department Mailing List(s): General City News Originally Posted 10/7/2010 3:06:36 PM 7 U-7 4-7 U IP11 Musick's Feast, Iowa City's early music ensemble, presents BENEFIT CONCERT for PAKISTAN FLOOD RELIEF SATURDAY, OCTOBER 23, 7:30 P.M. . All proceeds will be directed to ACTION AGAINST HUNGER-USA: • on the ground in Pakistan since 2005 • 88.8% efficiency rating, according to www.charitynagivator.org • implementing cash-for-work and fresh food voucher programs . • distributing dtiinking water and hygiene kits . aGi ANNUAL CHRISTMAS CONCERT SATURDAY, DECEMBER 4, 7:30 P.M. •Ei Both concerts at First Presbyterian Church 2701 Rochester Ave., Iowa City Tickets at the door. $15 regular, $12 seniors, $6 students For more information, call 319-430-4165 ~'+ Printing donated by Office Depot Musick's Feast-Musicfor Hunger Relief _,,,!.,~.. _ 1718 Wilson St. ,=.Y.i'~~" .w° ,~ t Iowa City, IA 52~4.5~„.~.,..r' .'r... :x.. •~.~:~'~" ~, ~,. !ice, ., _ t.' ''a'+a•~,,:. ~'r - ~.aTy..,o:,ky:... ~ d gi #k.a._. K..iJk... i au~ti~~~.•'~.~.~n~'. ~"_Y•^~ .3~ i:~ .~x•' ~^+t~~ _ .,,,r;•a. .fir: v:. I ~` Iowa City City Council 410 E. Washington St Iowa City IA 52240 ~i3i~tt~lf~~~i~~~~+r~l~~i~s~:~~lt~~~3,d)!iile~l~lailrS~~:slt1~ Page 1 of 2 Marian Karr From: Kelly Bender [kbender@meccaia.com] Sent: Thursday, October 07, 2010 1:18 PM To: Marian Karr Subject: Parent Forum Invitation Marian, IP12 Would you mind forwarding the invitation below to the Council? We would love for them not only to attend but also to help us notify others about the event by forwarding it to people they think would be interested. Questions can be directed to me. Thank you! Kelly Bender (formerly Vander Werf~ Prevention Manager MECCA Services 430 Southgate Ave. Iowa City, IA 52240 kbender(a)~meccaia. com 319-351-4357 ext. 8790 ~Nhen: October 2~1, ZO10 7:00-8:30pm ~1here: City High School Cafeteria (320i0It~omingsids Dn'va, Fawa t~'~) ~Vho: Anyone is welcome! Prlre~sfs rrr~ t}ae #1 i.~1i1~,~re ors tla~ir clii3aTre~'s decisitxrrs rant to use rln,~gs a~arrr,a~colu~L ~3ris inuen~~ c~n~aares ei~r~ ira#a t}ae cr~lle,,~ ya~rs. (Substance use and Mental Heaifh Services Adrriinisirah'on) Learn from experts in the field of substance abu:;e, as well as local high school and University of Iowa students, about the risks of underage drinking and effective ways that parents and commLU7ities can intervene to prevent alcohol problems by young people. There will be.tame reserved for you to ask questions and engage in discussion with the experts and students present. Special Guest Speakers: • CityHig~Governrnentstudentswillpresenttheirfindingsfrom research projects on underage drinking and effective alcohol policies. • Dr. Richard Newkirk, a Behavior StrategistinDes Moines Public Schools; will provide an informative and engaging presentation about the impact of alcohol and other substance abuse on the adole s c ent brain. IP13 MINUTES PRELIMINARY BOARD OF ADJUSTMENT SEPTEMBER 8, 2010 - 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Caroline Sheerin MEMBERS ABSENT: Le Ann Tyson STAFF PRESENT: Karen Howard, Sara Greenwood Hektoen, OTHERS PRESENT: Marty Roth, Jean Walker, Kristin Breaux, Marinda Tuttle RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Anderson, Sheerin, Jennings and Eckstein were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE AUGUST 11, 2010 MEETING MINUTES: Eckstein noted a missing "not" on page 6. Anderson motioned to approve the minutes as amended. Eckstein seconded. A vote was taken and the motion carried 4-0 (Tyson excused). SPECIAL EXCEPTION: EXC10-00007: Discussion of an application submitted by Marty Roth on behalf of First Mennonite Church for a special exception to allow expansion of a church facility located in a Medium Density Single-Family (RS-8) zone at 405 Myrtle Avenue. Board of Adjustment September 8, 2010 Page 2 of 14 Howard shared a location map and aerial view of the church property, noting that there had . been a special exception for an addition to the First Mennonite Church in 2009. Howard explained that the site plan for the church proposes a 1,600 square foot addition on the west side of the property. She said the proposal calls for closing a portion of the driveway and sodding that area with grass. Howard said that there are specific criteria for church additions. The church is required to have access to a collector street, an arterial street or a street with pavement equal to or greater than 28 feet in width. Howard explained that the streets involved in this expansion are only 25 feet in width, but are both designated as collector streets. This specific criterion is therefore met. The second specific requirement is the setback requirements for institutional uses. Howard said that a front setback of 20 feet, a side setback of 20 feet, and a rear setback of 50 feet are required. Howard explained that the church exceeds the setback requirements. The third specific criterion is that the use is compatible with the neighborhood. Howard said that the staff report prepared by Sarah Walz addresses the various aspects of neighborhood compatibility that the Board can take under consideration. She said that staff feels that the application satisfies these criteria because the addition is a small one-story addition of only 1,600 square feet which will not be particularly visible from neighboring properties due to the topography of the site. Howard said that the addition has been designed to complement the existing church building and will fit in with its architectural style. She noted that there will not really be any additional capacity or parking issues resulting from the addition so there should not be additional impacts on neighboring property owners. Howard noted that the staff report identifies a number of other possible considerations for neighborhood compatibility but that she was not going to go through all of them. Howard said that the general standards require that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff noted that the addition does not expand the sanctuary space so there is no additional traffic or other effects on the neighborhood. She said that the fire department did note that there will need to be a designated fire lane now that access to the site will be somewhat more restricted. She said the Building Official will assist in establishing the best way to do that. Howard noted that this is an existing property and the surrounding areas are fully developed so all utilities, access roads, drainage, etc., are already in place. The transportation planners have reviewed the site plan and believe that the remaining access drive is appropriate and adequate to serve this use. The staff report notes that the site is in compliance with all other aspects of the zoning code, as it was required to be updated for a special exception granted last year. Howard noted that at the time of site plan review any outstanding or additional matters will be brought into compliance. Howard said that the Comprehensive Plan encourages institutional uses such as churches within residential neighborhoods so long as they meet the requirements of the zoning code and are designed to be compatible with the surrounding neighborhood; as already noted, staff believes this is the case for this project. Board of Adjustment September 8, 2010 Page 3 of 14 Staff recommends approval of EXC10-00007, a special exception to allow a 1,600 square-foot addition to a religious facility in the Medium Density, Single-Family residential (RS-8) zone at 405 Myrtle Avenue, subject to the following conditions: 1) Substantial compliance with the site plan and elevations submitted with this application; 2) The remaining drive providing access to the rear parking area must be assigned as a fire lane. Howard offered to answer any questions the Board might have. There were none. Sheerin invited the applicant to present the proposal. Marty Roth, 134 12th Avenue, spoke on behalf of First Mennonite Church. He said that they do not believe that their addition will have any adverse impact on the neighborhood. He said they are looking to make their space more functional for the activities they have going on from day to day. Jennings asked the applicant if it is correct that the Phase #1 addition indicated on the plat has actually been completed, and Roth said that was correct. Jennings noted that there is a handicapped accessible area on Myrtle Avenue as well as the existing wrap-around entry which the applicant proposes reducing. Roth said the driveway would be changed to function as basically adrop-off spot for the front entrance. Jennings asked if there might be a safety problem at busy functions with this new drop-off configuration. Roth said he understood the concern, but that he believed the drop off location in question would be used only on occasion and that the one with the handicap access would be the primary one. Roth noted that there is also handicap access from the back of the building. Jennings said he was just wondering about the rationale behind keeping that drop-off site. Roth said that he did not really know. Jennings noted that it was likely aself-limiting drop-off site, and Roth said that was correct. Roth noted that the two other drop-off sites would be far more widely used. Anderson said that it appears from the rendering provided to the Board that there are no points of entry on the addition. Roth said that there actually is one very small point of entry on the southeast corner, and agreed that it was not very clearly indicated on the site plan. Jennings asked if there might need to be some adjustments made and some parking spaces removed in order to accommodate the designation of a fire lane. Howard said that she believed code requires a 20 foot wide drive for a fire lane and that this meets that requirement. Anderson said that the staff report indicates there is currently sufficient parking on site to meet the needs of the facility. He asked how many extra spaces there were in the event that the Board wished to cut back on the number of parking spaces. Howard said she did not know if the church exceeds the parking requirements or not. She said the parking requirement is based on the size of the largest meeting room in the facility, in this case, the sanctuary. She said there is no additional parking required for the addition because the sanctuary size is not being expanded. She noted that the parking requirement for churches is generally quite low. Howard pointed out that the fire department can of course fight fire from the front of the building as well. She said that the goal of the new fire lane designation was to make for adequate circulation. There were no further questions for the applicant and Sheerin opened the issue for public discussion. She invited anyone who wished to speak in support of the application to come Board of Adjustment September 8, 2010 Page 4 of 14 forward. Jean Walker, 335 Lucon Drive, said she was not opposed to the addition, but that she did have concerns about the cul-de-sac being closed off. She said her concern was about cars backing up into the street. She said that cars come hurtling up Greenwood Avenue which could pose a hazard to someone backing out of the drop-off area. Walker asked if there was a way that the drive could be connected to the other entrance in some way to allow for a turn around, thus avoiding altogether the issue of cars backing out of the drive. Walker said that she is the neighborhood representative and that she was just curious on the neighborhood's behalf what the actual use of the new addition would be. There was no one else who wished to speak for or against the application, so Sheerin invited the applicant to respond. Roth said that the fellowship hall is being renovated and part of the current space is being incorporated into new restroom facilities. Roth said the additional space is intended to compensate for the gathering space lost by the addition of the restrooms. Sheerin asked if staff had additional comments. Howard said that in regard to Walker's concern about the turnaround, she was not privy to the discussions that took place between Walz, the applicant, and the transportation planners, but it is her belief that some sort of turnaround will have to be provided for as the city will not allow cars to back out into the street. Howard said that it might be wise to add a condition to the approval of the special exception that requires the drop-off point to either be eliminated or designed in such a way that there is adequate turnaround space. She said the turnaround space would then be reviewed at the site plan review. Sheerin asked how the Board would characterize that driveway if they were to place a condition on a turnaround for approval. Greenwood Hektoen suggested calling it the northern Greenwood entrance. Sheerin asked if anyone cared to discuss the possibility of adding an additional condition to staff's recommendations prior to making a motion. Eckstein said that was a wise suggestion. She said that she herself was aware that the traffic there can sometimes be intense. She said it makes perfect sense to her that a condition of approval be that there be adequate space for all vehicles to turn around, or that the drive be closed. Eckstein said that whichever option was preferable to the church was fine with her. Anderson said his preference would be to get rid of the drive altogether. He said his initial understanding of the staff report was that the driveway was in fact going to be eliminated. Anderson said that given the complexity of the potential traffic patterns of the site it really makes sense to get rid of the drive altogether. Sheerin said she agreed with that assessment. She said that with two other entrances she did not see that the function a third drive would provide could outweigh the potential safety hazards it poses. Jennings said that it seems as though most potential uses would be ones in which a fair amount of people arrived and or departed at the same time, and so there could be a bit of congestion involved. He said that it is not unlikely that in such an instance the drive may be self-limiting and therefore not much use. He suggested that it makes the most sense to have the drive eliminated entirely, or given full turnaround status. Sheerin said that she is fine either way: Board of Adjustment September 8, 2010 Page 5 of 14 closing it off or making it a turnaround. She asked if calling it the northern Greenwood entrance was sufficient. Howard suggested calling it the northeast drive. Jean Walker suggested making the driveway swing around to connect to the handicap entrance and then designate it as a one-way to help the circulation. Walker said that she would like to add that the church has been a truly wonderful neighbor to the neighborhood. Jennings said he is not interested in adding or putting undue burden on the church so he does not want to require them to do more at greater expense. He said that connecting the drives per Walker's suggestion might actually further complicate matters. Jennings asked the applicant if he had a preferred course of action. Roth said he preferred having the option of considering a turnaround and thoroughly discussing the matter with staff. Roth said they would appreciate that flexibility. Anderson asked for clarification on the traffic flow Roth had in mind and Roth explained. Jennings said that as he understands it one goal of the entrance at that end of the building is to facilitate use of the handicapped entrance and people being dropped off. Jennings asked if it was correct that as it is now that entrance sometimes has the backing-out issues being discussed. Roth acknowledged that it sometimes did. Jennings said city staff might have suggestions as to what direction aone-way drive would flow. Anderson said he would be fine with either option. Sheerin said she was okay with the northeast entrance being closed off but was concerned how the other option could be worded. Anderson suggested saying that the drive would be connected to the handicapped drop-off site subject to transportation planning staff approval. Roth said that a common thing for folks in his neighborhood to do was to maneuver so that they can use church property to launch an illegal right turn. Sheerin suggested language that requires the northeast Greenwood entrance to be closed off or connected to handicapped parking off the Myrtle entrance subject to staff approval. Greenwood Hektoen clarified that the Board was saying they would not support a cul-de-sac bulb on the drive, and the Board indicated that was correct. Eckstein said that the two options on the table are to either close it or to make it a u-shape drive connected to the handicapped entrance off of Myrtle. Howard asked if the Board was sure that they wished to eliminate the option of having a simple turnaround. She noted that the turnaround option would actually be the one that generated the least amount of traffic, which seems favorable for an entrance that seems to be most problematic from a traffic standpoint. Howard said that it may be good to give the transportation planners all three options to look at. Anderson said that he would prefer the idea of a turnaround over athrough-way because it would result in less traffic; however, it seemed to him that if the idea was to discourage use it made more sense to just get rid of it altogether. Jennings said that the quandary seems to be that making the drive athrough-way changes its fundamental use, but making it a bulb would be self-limiting; however, Jennings said, his opinion would be to connect it if that was deemed safe by traffic planners, or, if it was not deemed safe, to just eliminate it. Eckstein said that Roth knows the property so having heard from him she is willing to take the risk that the two proposed options are sufficient. Eckstein said the third option seems far less attractive to her. Anderson suggested moving the entrance of the drive further up Greenway to avoid being so close to the intersection of the two streets. He noted that this could be more trouble and expense than it was worth. Anderson asked if the church would have to remove the tree that appears to be in the most obvious route for connecting the two drives. Howard said she was not sure but that it looked like there was room for the connection without removing the tree. The Board members indicated that they wished to provide only the two options for dealing with the drive. Board of Adjustment September 8, 2010 Page 6 of 14 Eckstein motioned to approve EXC10-00007 to allow a 1,600 square foot addition of a religious facility in the Medium Density, Single-Family residential (RS-8) zone at 405 Myrtle Avenue subject to the following conditions: 1) Substantial compliance with the site plan and elevations submitted with this application; 2) The remaining drive providing access to the rear parking area must be assigned as a fire lane; 3) The northeast Greenwood entrance be either closed off or connected to the handicapped parking area off the Myrtle entrance, subject to staff approval. Jennings seconded. Sheerin closed the public hearing and invited findings of fact. Eckstein stated that the addition does not affect compliance with the setback requirements and that Greenway and Myrtle, while only 25 feet wide, are appropriate as collector streets. She said that the addition requires no change to the parking amount or configuration as it does not affect the number of congregants able to gather in the sanctuary. Anderson stated that the neighborhood compatibility requirement is met because the size of the addition and the proposed materials are compatible with the area. He added that it is important to note that the addition does not expand the assembly area of the church. Anderson said that the site plan and the proposed conditions for approval address the conflict points in the traffic circulation along Greenway and Myrtle Avenue. Jennings found that the proposed addition does not expand the assembly sanctuary area of the church, so it will not generate additional traffic to the facility. The principal parking area is located to the rear of the building and all required screening for parking areas is already in place. Jennings noted that the establishment of the specific proposed exception does not impede the normal and orderly development of property in the zone. Eckstein added that the topography of the site is such that the addition will not be visible from the front. Sheerin agreed with the findings stated and added that the proposed use is consistent with the Comprehensive Plan because the Comprehensive Plan encourages the location of institutional uses within residential neighborhoods. Sheerin said that a member of the public has stated that the church is a good neighbor. Sheerin said the conditions placed on approval will help reduce traffic conflicts in the area. Sheerin called for a vote. A vote was taken and the motion was approved 4-0 (Tyson excused). EXC10-00008: Discussion of an application submitted by Steven Breaux for a special exception to allow a reduction to the principal building setback (front) for property Board of Adjustment September 8, 2010 Page 7 of 14 located at 1122 E. Washington Street, a Medium Density, Single-Family (RS-8) zone. Howard explained that the application is for a setback reduction for an existing porch for which the property owner wishes to change the roofline. Howard explained that setbacks are in three- dimensional space, and include any encroachments above the first floor. Howard said that the location map shows that this property is in an older part of the city in which there is some variation to the setbacks for frontages. Howard pointed out that there are a lot of buildings on the street that sit closer to the street than the minimum required setback of fifteen feet. In such a case, Howard explained, if 50% or more of the buildings are closer to the street then the required minimum setback, the property owner can average the two buildings on either side of the subject property to establish their setback. Howard said this is a case where averaging could apply; however, the buildings on either side of this particular building do not sit closer than the fifteen foot setback. Howard shared photographs of the structure. She noted that the slope of the current porch roof is quite flat which has led to some drainage problems. Howard said that the applicant is proposing putting some pitch on the roof to improve drainage. She said the proposed height and design of the structure has been reviewed by staff, and that staff has recommended making the eaves the same height to unify the roofline. Staff suggests this slight modification in order to help the gabled roof design fit in better with the design of the existing structure. Staff also suggests requiring a minimum pitch of 312 for the roof in order to ensure improved drainage function, with a maximum height of thirteen feet at the roof's apex. Howard said that the specific standards for a setback reduction require that the situation is peculiar to the property in question. Howard said that the building is already in existence and the purpose of the change is to improve the design and function of the building. She said that there is practical difficulty in complying with the setback standards because of the drainage problems and the age of the structure. Howard said the existing roof is leaking and needs to be replaced to function properly. Howard stated that granting the exception would not be contrary to the purpose of the setback regulations as they are intended to maintain light, air and fire separation, access for fire fighting, and privacy, and this setback reduction does not change that because it is a roofline adjustment. Howard said that this exception reflects the general scale and placement of the structure in the city's neighborhoods. She noted that there are other homes along the frontage that do extend into the fifteen foot setback so this would not be particularly out of character for that particular neighborhood. Howard said that any potential negative effects of the reduced setbacks are mitigated to the extent possible as staff has made specific recommendations for the height and design of the eaves and pitch of the roof. The subject building is set back farther than the required three feet from the property line. Howard noted that the general standards repeat a lot of the information she used to support the specific standards, and said that the Board had carefully read the staff report and could make their findings accordingly. Board of Adjustment September 8, 2010 Page 8 of 14 Staff recommends approval of EXC10-00008, an application to reduce the required front principal setback from fifteen feet to eight feet for a property located in the Medium-Density (RS- 8)zone at 1122 E. Washington Street, subject to the following conditions: 1) The setback reduction is for the purpose of altering the roof of the existing porch only and no other portion of the existing porch should be enlarged; 2) The proposed roof will be no taller than 13 feet at its apex; 3) The proposed gable will have a minimum 312 slope to ensure proper drainage; 4) The height of the eaves of the porch must match the height of the eaves of the house. Eckstein asked if staff has discussed with the applicant the recommendation that the eaves should match the height and design of the house. Howard said she did not know for sure but noted that the applicant may be able to answer that question. Eckstein asked if the neighborhood was in a Conservation or Historic District and Howard said it was not. There were no further questions for staff and Sheerin invited the applicant to present the proposal. Kristin Breaux, 1122 E. Washington Street, spoke on behalf of the application. Breaux stated that she believed the original drawings simply had an error on them and that it had been their plan all along to match the new eave to the existing eaves. There were no questions for the applicant and Sheerin invited anyone wishing to speak in favor or against the application to come forward. Marinda Tuttle, 1126 E. Washington Street, said that she owns a home adjacent to the subject property. She said she appreciated the opportunity to provide input on the project and said she was excited for Breaux because she has a wonderful home that they have worked very hard on. Tuttle said she did have some questions and concerns that she wanted to address. Tuttle said that it was correct that the neighborhood is not in a Historic or Conservation District, and that the issue of whether to attempt to designate the neighborhood as such has been brought up before. Tuttle said that in just the one block there are eleven older homes that could have historic or conservation characteristics. Tuttle said that one of her concerns is that when nearby duplexes were built they were granted an exception to allow for the encroachment of their porches into the setback area. Tuttle said that her property is adjacent to one of those duplexes, and at the time that the special exception was granted she did not think the setback issue was a big deal. Tuttle said that one of her concerns with this project is the height of the porch. She said she agrees with the fact that something needs to be done on their property to improve runoff from the roof. She said she would like to see the height of the roof be as minimal as was possible. She said that she would be in favor with tying in the design of the eaves with that of the house as that ties in well with the rest of the neighborhood. Tuttle said that there are a lot of concerns in the neighborhood with maintaining a certain characteristic of the area. She said that it is important to incorporate and control the runoff at the subject property in such a way as to improve the structure but maintain the look and feel of the adjacent properties. She said that the change in the roofline to more than double its current height is problematic. Tuttle said that she herself has been affected greatly by the runoff from this property and has experienced property damage because of that runoff. Tuttle asked if the Board considered whether the addition matches the older section of the house or the newer section of the house. Eckstein said that the documents that the Board had been give do not indicate that the two roofs will Board of Adjustment September 8, 2010 Page 9 of 14 necessarily have the same pitch. Howard noted that there is an additional diagram in the staff report that shows the minimum pitch necessary, the 312 pitch. Howard said the height of the gable is three feet instead of five on that diagram. Howard asked Tuttle if she was requesting a lower pitch or height to lessen impact. Tuttle asked if she was correct in her understanding that the Board does not necessarily require the addition to be an exact match to the existing house. Greenwood Hektoen said that while the Board could include that as a point of consideration, it was not a factor the Board was required to satisfy. Tuttle said she was just trying to gain an understanding for the project. She said she had attended previous special exception hearings and in an effort to get along with her neighbors agreed to things which she had not believed at the time would have a great impact on her neighborhood. She said that she had been very wrong about the impact of those special exceptions, and did not want to make the same mistake this time. She said her concern was the height of the eaves and she would like to see something worked out so that the property owners are able to benefit structurally and the neighbors are able to benefit from an appearance standpoint. Tuttle said that her primary concerns are the amount of runoff she will get from the roof, and the appearance of the home based on the height of the eaves. She said she had been greatly affected by the height of the property on her other side and had not thought she would be. Sheerin asked Tuttle how she felt the special exception might affect her. Tuttle said that when something gets taller it is hard to visualize it from a diagram, and it is difficult to foresee how much your view will be shut obstructed. She said there is a beautiful old woods behind her home and when the next door structure was allowed by special exception to project three feet farther forward and to the rear, it really shut out her view in a way that she had not foreseen. Tuttle added that she did want to see something positive happen for the Breaux family, so she hoped there was a way to benefit them while keeping the height of the eaves down. Anderson asked Tuttle if it was her preference to have the shallowest pitch possible, or to match the roof pitch of the existing addition. Tuttle said that if the Board cannot consider matching the pitch to the existing roof then she would propose something that still assists the property owner with their drainage issues, matches the gutters and the property, but is kept at a 312 height. Tuttle said she did not know if that was feasible or not. Greenwood Hektoen noted that the recommendation is that the roof is no taller than thirteen feet at its apex. She asked if that meant from grade to the point of the roof and Howard said that was correct. Howard said that the 312 pitch would be the least intrusive. Sheerin asked if this meant that the 312 minimum pitch could be changed to a maximum of 312. Anderson noted that the thirteen feet spelled out in the recommendation allowed for a-five foot height. Eckstein said that she was hearing three concerns from Tuttle: 1) drainage concerns, 2) aesthetic concerns, and 3) view corridor concerns. She said that these three concerns are within the general purview of the Board, as the Board are asked to consider the special exception's impact on the well-being of the neighborhood. Sheerin said she was not sure that a view could be considered within the Board's purview. Greenwood Hektoen said that it could be if it was considered to be injurious to the use and enjoyment of the surrounding properties. Anderson said that the Board could also consider the need to maintain light, air, and fire separation and Sheerin said that would be more to the point in her opinion. Greenwood Hektoen said that the general purpose of having setback requirements is to allow a certain space and view between structures. Eckstein said she was inclined to prioritize Tuttle's concerns. She said that for her the drainage issue is one that she would want to think through. Eckstein said that as she lives in an older neighborhood surrounded by older homes she is aware that any changes to her property result in drainage changes to the neighbors' properties. Eckstein said there is not much information in Board of Adjustment September 8, 2010 Page 10 of 14 the staff report telling the Board what happens to the water in this neighborhood when the pitch of the roof is changed. She said that one can only assume that without considerable downspout work the water will go toward the neighbor's rather than toward the front. Howard said she assumed there would be gutters attached to the eaves to direct the water. Sheerin suggested that the applicant address the question. Breaux said there is a plan for extensive gutters on the side of the house and they have set up throughout the yard a lot of drainpipes. The gutters will run down into the drainpipes and will go out through the back toward the ravine at the back of the house. Breaux said that a lot of the drainpipes are already in place, they need only to connect the new gutters to the existing pipes. Sheerin asked if there was anything else Breaux wished to respond to. Breaux said that in regard to the pitch, their proposal to staff had not been set in stone and had been understood to be open to suggestion. Jennings asked if the homeowners had a preference for the pitch. Breaux said that the preference would be to have the roof at the highest allowable pitch for effective drainage. She said that the aesthetics are not as important to them as the drainage. Anderson asked what the Historic Preservation Commission (HPC) would recommend for the pitch if the matter were before them. He asked if HPC would prefer to see slightly different pitches for the eaves or a straight match. Howard said that because the home had been considerably altered from its original structure it would be difficult to say. Jennings said that his understanding is that the applicant's main concern is that the roof be able to adequately address drainage to protect the integrity of the house. He said that it sounds as though the property owner has attempted to address the problems of where the water will go once it has left the roof. Jennings asked if the property owner had worked with a landscape architect to come up with their drainage plan. Breaux said that they had used standard black drain the wrapped in cloth all along their sidewalk and driveway. Eckstein said she too had a porch with a slight pitch somewhat like theirs, so she wondered if they had considered fixing the drainage problem with the gutters and the downspouts rather than changing the structure of the roof. Breaux said the main problem with the drainage comes in where the porch roof attaches to the house. She said that is where a lot of the leakage is coming from, not necessarily from leaky gutters. Jennings noted that it sounds like the water is not making it to the gutters. Breaux said that was correct and that there was nothing structurally wrong with the roof itself other than its shape which does not allow the water to come off the roof. There were no further questions from staff and Sheerin invited discussion from the Board. Eckstein suggested including in the motion a clear statement that the downspouts and drainage will flow away from the house. She said it is what the applicant intends, but the drawings do not indicate that the drain tiles will be in place. If the drain tiles were not in place then the water would flow toward the neighbor's property, which would be a significant problem for the neighbors as has been expressed by Tuttle. Greenwood Hektoen asked Eckstein to clarify what the actual language for that condition might be. Eckstein said that it is important not just to assume but to articulate that a part of this plan is to include these drain tiles that will run the water from the roof to the back ravine. Greenwood Hektoen asked if she meant that the condition would be that the downspout is connected to the drainage tile. Jennings said that would probably fall under the specific standards that state that any potential negative effects resulting from the setback exception are mitigated to the extent practical. Greenwood Hektoen said that Eckstein's point could certainly be a finding of fact, but if the Board wants as a condition of approval the requirement of a physical connection between the roof and the drainage then that is what would need to be articulated. Eckstein said that the condition could Board of Adjustment September 8, 2010 Page 11 of 14 state that the proposed altered roof be connected to drainage the that conducts runoff to the back of the house and away from neighboring properties. Howard noted that the topography of the site cannot be changed and the nature of water is that it drains downhill, so she suggested a condition that states that the change should not increase the rate of drainage onto the neighboring property. Howard said there may be drainage that is happening on the neighboring property right now, so it would reasonable to say that the change itself should not increase the drainage onto it. Eckstein said that makes sense. Sheerin clarified that this would change the proposed condition to state that the changes would not increase drainage to the neighboring property. Eckstein said that would leave it to staff to negotiate just what that would look like. Jennings asked if the Board was expressing a preference in regard to pitch. Anderson said that his understanding of Tuttle's comments was that she felt as though some of the projects of neighboring properties had intruded upon her view. He said that the logical solution would be to require the pitch to be the minimum that would satisfy drainage concerns. He said the additional two feet of clearance would allow for some extra light and decrease the mass near the sidewalk. Sheerin asked if Anderson was proposing changing the second condition to state that the roof would be no taller than eleven feet at its apex, and Anderson said he was. Greenwood Hektoen asked Howard if a 312 slope could be anything other than eleven feet. She said she was wondering if the second condition could just be eliminated and then the word "minimal" could be removed from the first condition. The Board seemed to agree that was a good course of action. Sheerin noted that the Board also wanted to require that the eaves would be at the same height. Eckstein expressed concern that the Board could be requiring things that are architecturally impossible. Greenwood Hektoen said that was part of the reason she wanted to eliminate the second requirement, because she was not entirely certain how the math would work out. Eckstein said that she was afraid that if the Board stipulated that the eaves must match and that the slope must be 312 then there could be a conflict between those two requirements. Jennings said that the drawings show that it is possible to have both of those requirements fulfilled; however, what is unknown is what the maximum apex at grade would be; that is why the second condition should be removed. Sheerin closed the public hearing and invited a motion. Jennings motioned to approve EXC10-00008, an application to reduce the required front principal setback from fifteen feet to eight feet for a property located in the Medium- Density (RS-8) zone at 1122 E. Washington Street, subject to the following conditions: 1) The setback reduction is for the purpose of altering the roof of the existing porch only and no other portion of the existing porch should be enlarged; 2) The proposed gable will have a 312 slope to ensure proper drainage; 3) The height of the eaves of the porch must match the height of the eaves of the house; and 4) The changes should not increase drainage to the neighboring property. Anderson seconded. Sheerin invited the findings of fact. Greenwood Hektoen advised board members to include comments made in the public hearing in addition to those given in the staff report. Board of Adjustment September 8, 2010 Page 12 of 14 Anderson addressed the specific standards. He said that the situation is unique to the property in question. The house was erected prior to the establishment of the zoning code and the setback requirements, so it is already within the fifteen foot required setback. This creates a situation where the homeowners cannot benefit from setback averaging and are left with a structure clearly within the fifteen foot front setback. He said there is practical difficulty with complying with the front setback because of this. Anderson found that the granting of this exception will not be contrary to the purpose of the setback requirement because there remains sufficient separation for light, air and fire protection. He said the potential negative effects resulting from the decreased setback are mitigated to the extent practical. Anderson said that concerns about drainage expressed by the neighbor and the solution offered by the applicant during the public hearing spoke to that issue. The subject building will not be located closer than three feet from the property line at the side or rear of the property, Anderson said. The distance at which the roof encroaches into the setback area is not being changed, only the pitch of the roof is changing. Jennings stated that regarding the peculiarity of the situation to this property, it should be noted that changing the roof angle of the porch does not extend the house any further into the setback; however, the change to the roof is considered an enlargement of the nonconformity. Greenwood Hektoen advised the Board to include a finding about its decision to change the height of the pitch. Anderson found that the determination to limit the pitch of the roof to 312 will maintain the maximum amount of light and air separation for neighboring properties while allowing for the drainage resolutions the property owner is seeking. Eckstein said that the decision to limit the pitch of the roof is also consistent with a desire to promote a reasonable physical relationship between buildings and residences while providing flexibility so that the building is compatible with other structures in its vicinity. Sheerin said that this is also true in regard to the requirement that the eaves match the existing eaves. Sheerin invited findings on the general standards. Sheerin noted that the special exception will not be detrimental to or endanger the public health, safety, or general welfare because it does not bring the structure any closer to the street and will not reduce the amount of separation between the subject house and the adjacent properties. The exception is limited to the porch roof and the height of the roof has been limited to maintain separation of light, air and fire protection. Sheerin said that the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially reduce or impair property values in the neighborhood because the height has been limited and a condition has been added to ensure that drainage issues are not exacerbated. The normal and orderly development and improvement of the surrounding properties will not be impeded by this special exception for the same reasons. Adequate utilities and access roads are in place for this property and the drainage issues are addressed by the plans for implementing this special exception. Board of Adjustment September 8, 2010 Page 13 of 14 Sheerin said that this change will have no effect on ingress or egress because it involves only the roof. The property does comply with all other applicable standards to the zone in which it is located. The applicant must submit a final drawing to the Building Department in order to obtain a permit to begin construction. Sheerin stated that the proposed exception is not addressed by the Comprehensive Plan. A vote was taken and the motion carried 40 (Tyson excused). BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Eckstein motioned to adjourn. Anderson seconded. The meeting was adjourned on a 4-0 vote (Tyson excused). ^y~ L H ~_ Q 0 m 0 N L O V W ~A, W Q L s ~+ O N O M O "' o X x x x o ~, x x o x X x x x O O x X x x x N X X X O X x X x x X x x x x x M °- X X 1C ~ x N ;' x X X X ~ N N ~ ~1 M i y'X o O O O O ~ W O O O O O o 'i ~ Y b ~ A L O u c v+ ~ Z Q ~ c ~ F ~ ~ `~ = o c _ L a m u ~ ~ ~.+ C v N L X Y -v N N X~ W C C ~ N N N ~ ~ a a GJ N C O a a cd C N N ~+ 0 s .a u L 0 L f~ Oq C ~L 7 '~ C b.0 N L u L L .~ L ~C C a~ F L N C ~ ~~ a~ ~ ~ N ~ ~ Z Z O O Z i Preliminary Minutes September 2010 MINUTES SPECIAL MEETING SENIOR CENTER COMMISSION SEPTEMBER 9, 2010 ROOM 208, IOWA CITYIJOHNSON COUNTY SENIOR CENTER Members Present: Merce Bern-Klug, Chuck Felling, Jay Honohan, Sarah Maiers, Jean Martin, Michael Lensing; Rose Hanson Members Absent: None Staff Present: Linda Kopping, Michelle Bhuman Others Present: None RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM JULY 15, 2010 MEETING: Bern-Klug noted that the language Jo Hensch used describing the meeting held with gift shop volunteers suggests that everyone at the meeting was in agreement insofar as closing the gift shop. That is too inclusive and should be described as "most everyone. Motion: To accept the minutes from the July 15, 2010 meeting with the above noted edits. Motion carried on a vote of 7/0. Martin/Felling. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will report on this meeting and Center operations to the City Council and the Board of Supervisors prior to the October meeting. REPORT ON FUNDS INVESTED IN COMMUNITY FOUNDATION OF JOHNSON COUNTY: IP14 Pursuant to activities of the Board of Friends of the Center, Honohan met with Mike Stoffregen and requested quarterly reports on Senior Center accounts held Preliminary Minutes September 2010 in the Community Foundation. Stoffregen agreed to provide these as well as annual reports. Stoffregen gave Honohan a copy of the Community Foundation's audit for fiscal year 2009, ending on June 30, 2009. He noted that there were eighty-eight (88) different groups in the Community Foundation of Johnson County at the end of fiscal year 2009. At that time, Senior Center funds totaled approximately $410,000 and represented about 9% of the Community Foundation's total assets. The Center was the third highest contributor. Maiers noted there was probably a significant change in total assets for all investors during fiscal year 2010 and that additional funds had probably been invested. As a result, the percentage of Senior Center assets and its ranking among the contributors would likely be different now. Honohan offered to provide the audit to anyone interested in reviewing it. Honohan announced that Michael Lensing is president, Roger Reilley is vice- president, Nancy Wombacher is secretary, and Linda Kopping is the treasurer of Friends of the Center. Hanson asked about the purpose of Friends of the Center. Honohan related that when the money is held by the city, there are state laws defining what investments may be used. These are all low-yield securities. In 2003, Iowa City Senior Center Fund, Inc., which is now Friends of the Center, was formed to manage donations to the Center. It allowed for the funds to be invested in the Community Foundation where they could eam a higher yield. Since its inception, Friends of the Center has invested $120,000 to $130,000 in improvements to the Center. Burn-Klug reminded the Commission that there was to be a session about the budget at this meeting. This will be covered at the next meeting. Kopping indicated that funding for major facility improvements were part of the operational budget. She also reported that gifts to the °Center" or "Senior Center" are deposited in a aty-managed account called the gift fund. Donations to the "Friends of the Center" are managed by the board of the Friends of the Center on behalf of the Center. Any fundraising activity that is sponsored by the Senior Center is counted as revenue for the current operational budget. Friends of the Center will focus on increasing the Senior Center endowment. Honohan stated that he would put together a summary of Friends of the Center for the next commission meeting. Kopping distributed a draft copy of a section of the Operational Handbook that covers operational funding, gifts, and donations. This information will help prepare for next month's discussion of Center funding. 2 Preliminary Minutes September 2010 REPORT ON USE OF ROOM 103: Currently the room is being used regularly for overflow programming, but we seem to be leaning toward the direction of fitness. The room is fairly spacious, has large windows, and participants are indicating they enjoy using the space. Different types of flooring, mirrors, and a dance bar are being investigated. One type of flooring being considered is interlocking rubber flooring that can be installed directly over the carpeting. It would be less expensive than hardwood and easily removed if a decision was made to use the room for something other than fitness. There was a brief discussion of fall programming. Buhman reported that there are waiting lists to get into several classes and many others are filled to capacity. Different room locations, if available, creative scheduling, and new room setups have been employed to increase the capacity of the classrooms. OPERATIONAL OVER_ VIEW: Kopping asked if there were any questions on the staff reports included in the meeting packet. Martin asked if there was any thought about what was going to happen to the room formerly used for the gift shop. The idea of taking out the wall between 208 and the former gift shop to create a larger classroom was discussed. Structural plans from the 1930s addition are being looked for in order to determine if the wall is a support wall. Hanson asked if we needed a room this large. Kopping responded that currently we have a maximum number of students that can be accommodated in each room and on a fairly regular basis we are putting participants on waiting lists because they cannot be accommodated in the classroom. Lensing suggested considering a movable wall unit that allowed for the space to be configured in to one or two rooms. Kopping indicated that we are only exploring options right now because of the need to find out about the structure and concerns that the resulting room would have drawbacks for use as a classroom. For instance, the length of the room might be a problem when using audiovisual equipment. Bern-Klug inquired about Kristin Kromray, the newly hired operations assistant. Kopping stated that she had all the skills we were looking for and extensive customer service experience. 3 Preliminary Minutes September 2010 Hanson asked what the operations assistant's annual salary was. Kopping said she was not entirely sure without looking. She went on to describe the employment levels and steps used for determining the salary of city employees. Maiers asked if the maintenance report indicating that the roofing and tuck pointing project would be completed by September 10"', 2010 was accurate. Kopping stated that she did not think it would be done by then, but they were making good progress and the work would be completed very soon. Kopping reported that the chiller on the roof developed another oil leak. She noted all the recurring problems that have occurred with the new HVAC system and reported that everyone is getting very frustrated by the fact that it is not working properly. The project has not been officially completed and the contractors have not been paid in full. The city architect, Kumi Morris, is working diligently with us to resolve this situation and if results are not forthcoming the legal department will be asked to help resolve the situation. The staff has gone through the operational review process that was done last fall and prioritized the recommendations. She handed out a document that was organized according to each operational area that was reviewed, such as programming. Under each area reviewed, the recommendations that are already standard or ongoing practices were separated from the recommendations that have not been undertaken. This document has also been shared with the members of the Center Steering Council in order to provide guidance to the subcommittees as they decide upon their goals. The purpose of this process is to get everyone focused on actions that have been identified as an operational weakness. A draft revised section of the operational handbook discussing various types of participant cost sharing was distributed. A section on operational funding was distributed at a previous meeting. The information is comprehensive and will be useful if reviewed prior to the next meeting when a discussion of financing takes place. The kiln no longer works. Research is being done on the types and costs of a new kiln. Martin asked if there was enough potential use of the room to justify the expense of a new kiln. Kopping noted a lot of people have expressed interest in the room, but it has been hard to evaluate with the recent closure, the lack of a regular instructor, and now the lack of the kiln. Buhman reported that in addition to the cost of the kiln, there would also be costs associated with proper installation. Bem-Klug asked if it would be possible to use the kiln at a nearby ceramics studio. Kopping responded that the unfired work is fairly fragile and could easily be damaged in transport. Buhman indicated she would contact the local business to see if some type of partnership could be established. 4 Preliminary Minutes September 2010 Martin inquired about the use of the art studio. To address the inability to accommodate all interested participants, the painting instructor has added additional sessions. Starting in October, he is scheduled to teach six sessions a week rather than four. At this point, it is uncertain that the two new sessions will have a large enough enrollment to be carried out. Additional promotion of the new sessions is planned. In addition to the painting classes, the art studio is also being used this semester for basket weaving and drawing classes. Kopping reported that she is in the process of revising the Operational Handbook. COMMISSION DISCUSSION: The membership appreciation dinner, sponsored by US Bank, is scheduled for September 16, 2010. Buhman noted that if anyone wanted to volunteer to carpool to the event, there were people interested in getting a ride. The next Commission meeting is scheduled for October 21, 2010. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 7/0. Maiers/Bem-Klug. 5 m ' ZOOX n ~ m n u n u ZZDA~ O,o N cry m3~~~ 3~~~~ ~~ y A~ 01 3 ~ al ? ~ A 3 ~ p ~ C ~ ~ ~ NZ p~'j ~ 1 G ~ = 7 = ~ '~ ~ ~ ~ ~ 3 ~ O ~ O ~ ~ ~ ~D 3 M ~ ~ ~ m m ~v 3 ~ ~ ~ w r~~vv c3 ~ c;3 ~ w ~ c3 ~ -' c ~' ~ ~ ~ N c~ o o ' N ~ ~D N x m x x = x x x rn x x ~ x x x x x x z X x x x m x : x x .~ N x x x x x x w o x X X X ~ X X x x rn x x x x ~ ~ ~ ~ ~ ~ ~ w x X x x x x x ~' 0 1 ~i N CA ~ n~ ~, ~ ~ O ~ A ~ ~ O O ~~ w w 0 -o IA ~~ ~~ ~ d 3~ $~ ~~ 0