Loading...
HomeMy WebLinkAbout2010-10-11 Bd Comm minutes4b 1 IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED MONDAY, AUGUST 23, 2010--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Hans Hoerschelman, Gary Hagen, Saul Mekies MEMBERS ABSENT: STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Michael McBride, Josh Goding, Beth Fisher, Emily Light, Kevin Hoyland RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hoerschelman distributed a draft letter to the school district superintendent for the Commission to review. McBride distributed a summary of UITV's activities over the past seven months. 340 new programs were cablecast. Of those, 132 were produced by UITV and 208 were submitted by other departments. Of the 208, 180 were submitted by students. Goding reported PATV was closed Thursday through Sunday last week to have new carpet installed. PATV will have an open house Sept. 6 in association with Uptown Bill's opening and the Ralston Creek Fair and Flea Market. Light reported that SCTV is seeking several part time student staff members to assist the senior volunteers. Hoyland reported that the school district technical committee recently met with Superintendent Murley and the school channel was briefly discussed. Hardy said the purpose of the Triennial Review is to provide an opportunity for the City to review the franchise agreement and identify areas where changes might be negotiated. The purpose of creating a report is help the Commission determine what changes to the franchise might be made. Hardy said Helling and the City legal department said that it is permissible to collapse the present Triennial Review, which is two years late with the Triennial Review to due in one year into a single review. Bergus said the goal of the Triennial Review needs to be determined. Is it to bring the cable operator into compliance with the franchise, educate the Commission with the franchise agreement, and/or educate the public on the boundaries of municipal authority? Irrespective of the specific language in the enabling ordinance, the goal of the Review, as has been discussed, is up to the Commission and it needs to be determined what specifically the Commission wishes to accomplish. Bergus said she would like to have a policy discussion about the goals and purposes of the Triennial Review. Bergus said an overall review is a very different goal than looking at the franchise for areas that might be modified and the strategy for those two possible goals are divergent. Hoerschelman said there are two distinct areas-a compilation of all the information and what the Commission is going to do with that information. APPROVAL OF MINUTES Bergus moved and Hagen seconded a motion to approve the amended July 26, 2010 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hardy said that no applications were received for the vacancy on the Commission. To comply with state law promoting gender equity in appointments, the position may not be filled with a male until 90 days have passed. A woman could fill the position at any time. Hoerschelman distributed a draft letter to the school district superintendent for review by the Commission. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and noted there were five technical complaints and 1 service complaint. All complaints have been resolved. MEDIACOM REPORT No representative was present. UNIVERSITY OF IOWA REPORT McBride distributed a summary of UITV's activities over the past seven months. 340 new programs were cablecast. Of those, 132 were produced by UITV and 208 were submitted by other departments. Of the 208, 180 were submitted by students. The number of programs produced by UITV has remained fairly constant and more programs are being submitted. UITV had been cablecasting a service from the University of Washington focusing on research science. That service will no longer be available after September 1 and the 4-hour period it had occupied will be used for replays of other programs. All University Lecture Committee lectures and all UI Symphony performances are planned to be recorded. Hoerschelman said he was impressed with the number of student productions. KIRKWOOD COMMUNITY COLLEGE A written report was included in the meeting packet. PATV REPORT Goding reported PATV was closed Thursday through Sunday last week to have new carpet installed. PATV will have an open house Sept. 6 in association with Uptown Bill's opening and the Ralston Creek Fair and Flea Market. A free annual membership will be offered at the flea market to anyone who visits PATV that day and takes the guidelines workshop. An Open Channel program will go live from 12-2 during the event and will feature some performances at Up Town Bill's and interviews of people at the flea market. PATV staff recently recorded the Sand in the City event, a tattoo convention, and an event focused on suicide prevention. The next Live and Local program will feature the Landlocked Film Festival. PATV staff plans to record programs for Backyard Abundance and another episode of Food as Medicine. Little Village TV will have their first program run soon. Students from City High are planning to tape a news program every Monday. Every other Monday Education Exchange records an episode. Both programs will be made available to the school channel. The next guidelines workshop will be September 5 at 2:30 and the next board meeting will be September 16 at 7 p.m. SENIOR CENTER REPORT Light reported that SCTV has not had access to their studio due to the Senior Center repairing the roof. Many producers worked on editing from home. Several part-time student staff members to assist the senior volunteers are being sought. More senior and University volunteers are also being recruited. The Iowa History project with Loren Horton and the Friends and Neighbors series continue to produce programs. A show featuring the programs at the Senior Center, the Sound Reach Choir, a program on birds, and a program on Alzheimer's are all being cablecast. Future programs will feature the pianos in the ped mall project, the Voices of Experience, and another episode of the War Stories series. LIBRARY REPORT Fisher reported that August is typically a slower month for the library channel. Six Storytime programs are scheduled. In September, 8 Storytime programs are scheduled. 7 adult programs are planned, including the international author series, 2 Eco Iowa City programs, and the speaker for the Intellectual Freedom Festival. ICCSD REPORT Hoyland reported that the school district technical committee recently met with Superintendent Murley and the school channel was briefly discussed. Murley told the committee that at his last job the school district shared a channel with the city. The school administration decided to end their use of the channel completely and allocated the funds elsewhere. The school board was not informed of the decision. Hoyland said the structure of the administration is being reviewed and it is unclear to whom Hoyland reports and to whom he would take up issues related to the school channel. The Central Administration Building, which includes the boardroom and the video equipment to cablecast board meeting, will be sold. Hoyland will have input regarding video equipment installations in the new building. Hoyland recently contacted three librarians regarding possibilities of creating programs that could serve as a model to show all the school librarians and others what is possible. Mekies said it is important for the Commission to communicate to Murley that the channel is important to the community and the community has expectations from the school district. Hardy said the school board meetings are a popular program. Hoerschelman said Commissioners should review the draft letter he wrote and email comments to him. CITY CHANNEL REPORT Hardy reported that the City Channel 4 website now offers an RSS/XML to provide information on what new streaming videos are available. The Community Voice program will feature a program on the 21-only ordinance. The Community Television Service recently recorded a presentation by the National Alliance for the Mentally Ill on music therapy. Future programs include the United Way campaign kickoff, a 2°d congressional district candidate forum, and the Iowa City Foreign Relations Council. The Media Unit recorded seven performances at the Farmer's Market in July. Hardy distributed the Commission's annual report for review. Hardy said he has not yet received a response from the City Attorney regarding how the state franchise issued to a fyreStorm might affect Iowa City. Hardy participated in a web seminar regarding Century Link. Century Link provides video service in three communities and has plans for five more. Local access channels are included in their offerings. TRIENNIAL REVIEW Hardy distributed a draft of the introduction, service, and programming sections. Hardy said the introduction outlines how the review will proceed from this point forward. Hardy said the purpose of the Triennial Review is to provide an opportunity for the City to review the franchise agreement and identify areas where changes might be negotiated. The purpose of creating a report is help the Commission determine what changes to the franchise might be made. After any suggested franchise changes are determined, discussions with the cable operator would be scheduled. Then a public hearing must be held. If modifications are agreed upon each party has 30 days to formally notify the other party what modifications they seek. The Commission would then develop the language for the franchise change and make a recommendation to the City Council. Hardy said there are no specific requirements that a written report be generated. Hoerschelman asked if there might be any consequences to modifying the franchise agreement with regard to state franchising. Hardy said he did not know of anything in the state franchising process that would have an effect. Hardy said Helling and the City legal department said that it is permissible to collapse the present Triennial Review, which is two years late with the Triennial Review due in one year into a single review. Hardy said the last Triennial Review was prepared not for the purpose of reviewing the old franchise but in preparation for the negotiation of a new franchise. Bergus said the goal of the Triennial Review needs to be determined. Is it to bring the cable operator into compliance with the franchise, education of the Commission with respect to the franchise agreement, and/or to educate the public on the boundaries of municipal authority? Irrespective of the specific language in the enabling ordinance, the goal of the Review, as has been discussed, is up to the Commission and it needs to be determined what specifically the Commission wishes to accomplish. Hardy said he has benefited by the Review in identifying areas where Mediacom is not in compliance. Those areas will be compiled into a list and enforcement of those areas needs to be addressed by the Commission with consideration of the consequences of enforcing those areas of noncompliance. Bergus said it my be better to focus in educating the public with regard to issues that are of direct concern to them rather that focus on franchise compliance issues that may motivate Mediacom to look to a state issued franchise. Bergus said she does not want the public perception of the Review to be that there were a number of areas in the franchise agreement where Mediacom is not in compliance, the Commission exists to keep an eye on them, and the Commission had an opportunity to amend the franchise agreement but chose not to do so. Hardy said any franchise change would need to be agreed to by Mediacom. Brau said his work on the technical and financial sections was not done with a goal toward specifically looking for franchise changes but more of an overall review of past performances and the direction Mediacom and the city will be moving in the future. For example, with respect to the financial section the move to a state franchise after the end of the current franchise will have a significant impact on the revenues available to the City and the public has an interest in cable rates. Neither of these areas have a relationship to franchise modifications. These issues are important for the public and the Review can serve as a public document to explain the past and present conditions, identify areas that might be improved and to be addressed in the future. Hardy said to comply with the letter of the enabling ordinance a process including possible franchise agreement modifications is needed. It also provides a means for the Commission to look at what they wish to do in relationship with Mediacom. Bergus said she was concerned in seeing the documents distributed at the beginning of the meeting as she has not been approaching the Review as a mechanism to change the franchise agreement. Hardy said if the Commission finds no reason to suggest franchise changes, the Review process could still serve as a step in developing a strategic plan on how the Commission can address issues with Mediacom. Hardy said that most of the issues he has identified are compliance issues and would not require a change in the franchise. Hardy said he recommends collapsing the current Review and the one due in a year into a single Review. Bergus said she would like to have a policy discussion about the goals and purposes of the Triennial Review. An overall review is a very different goal than looking at the franchise for areas that might be modified and the strategy for those two possible goals are divergent. Hoerschelman said there are two distinct areas-a compilation of all the information and what the Commission is going to do with that information. ADJOURNMENT Hagen moved and Bergus seconded a motion to adjourn. The motion passed unanimously. The meeting was adjourned at 7:15. ~~ Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD July 2008 to CURRENT on Go ary Hagen Meetin Date Hoerschelman Saul Meikes Bob Xemp X X 7/28/08 X X olc X 8/25/08 X X X x X 9/23/08 x x x o/c X 27/08 10 X X X . 11/24/08 Did not meet X X 12/15/08 X X X X /c 1 /26/09 X X X o o/c X 2/243/09 X' x o/c Laura Bergus X X 4/27/09 X X X vacant X 6/1/09 x x x X 6/22/09 X X X kies M e o/c x 7/27/09 X X X X X 8/24/09 X X X X X 9/28/09 X X X o/c 9 x x xx 10/24/0 11 /23/09 x x o/c x o/c X o/c 1 /25/10 X X X X o/c 2/22/10 X X o/c X o/c 4/26/10 X X o/c X X 5/24/10 X X 0 X o/c 6/28/10 X x 0 o/c X 7/26/10 X x 0 X X 8/23/10 X X Vacant x x 9/27/10 o/c x (X)=Present (O) =Absent (O/C) =Absent/Called (Excused) 4b 2 MINUTES APPROVED BOARD OF ADJUSTMENT AUGUST 11, 2010 - 5:15 PM -FORMAL CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Caroline Sheerin, Le Ann Tyson MEMBERS ABSENT: Will Jennings STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen, Christina Kuecker OTHERS PRESENT: Robin Chambers, Tracy Barkalow, Alicia Trimble, RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Anderson, Tyson, Eckstein, Sheerin 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 JULY 14, 2010 MEETING MINUTES: Sheerin noted a typographical error. Tyson motioned to approve the minutes as amended. Anderson seconded. A vote was taken and the motion carried 4-0 (Jennings excused). SPECIAL EXCEPTION: EXC10-00006: Discussion of an application submitted by Richard and Robin Chambers for a reduction in the principal building setback requirements for property located in the RS-5 zone at 907 Fifth Avenue. Board of Adjustment August 11, 2010 Page 2 of 8 Walz explained that the applicants have converted their attached garage into living space, and wish to build a new attached garage at the rear of the property. Walz said that the applicants have the right to build a 21 x 21 foot detached garage that could be located as close as three feet from the property line. Walz said that because detached garages are separate from the primary living space, they are classified as accessory structures and are subject to different standards than the principal building. Walz said that accessory buildings are generally smaller than the principal structure and therefore have different setback requirements than attached garages, which are considered a part of the principal structure. Walz noted that this property is somewhat different than the surrounding properties, which consist of long lots. The subject lot is the smallest lot size allowable in the RS-5 zone. Under current zoning if the lot was being built on today, it would be required to have vehicle access provided from the alley. Walz said that what makes this particular situation so peculiar is that the attached garage would actually provide a greater setback from the neighbor than the detached garage could. Walz said that most of the houses in the neighborhood have vehicle access off the alley. Walz said that given the arrangement and size of the lot it seems reasonable to grant a setback reduction allowing the attached garage. Walz said that staff recommends approval of this application subject to the height of the structure being limited to the standards for detached accessory structures and the setback reduction applying only to the 21-foot depth of the garage. Eckstein said that the written staff report seems to recommend only that the standards be adhered to, whereas the oral report seemed to indicate that staff favored asingle-story structure. Walz said what she had meant was that the structure would be held to the height standards of a detached garage, as recommended in the staff report. Eckstein said there could be some concern about the mass of the building on the site if the decision was to make the garage more than one story. She asked if that was something the Board could or should consider. Walz said that the Board could consider that, but that they should keep in mind that a detached garage is allowed to be up to 20-feet tall. Eckstein asked if that would be true of an attached garage if the application was approved as staff had presented it. Greenwood Hektoen clarified that if the garage was attached, the garage was allowed to be as tall as the house, which is less than the 20-feet being discussed. Robin Chambers, 907 Fifth Avenue, said that she wished to clarify that the original attached garage has not yet been converted to living space, though that is the plan. She said that no conversion would begin until the Board made their decision on the new garage. She offered to answer any questions the Board might have. Eckstein said that she understood it to be the case that the proposed garage and its driveway would not be directly across the alley from the neighbor's driveway. The applicant said that was correct. Anderson moved to approve EXC10-00006, a special exception to reduce the setback requirement for principal buildings from 20~feet to 10 feet, subject to the following conditions: 1) The height of the garage will be limited according to the standards for detached accessory structures; 2) The setback reduction is for the 21-foot depth of the proposed garage only. Tyson seconded. Board of Adjustment August 11, 2010 Page 3 of 8 Sheerin invited discussion from the Board. Anderson said that upon initial review of the application he was concerned about the amount of buildup on the lot, with particular concern for the amount of open space that would be left on the site. He said that concern had been removed because of the fact that attaching the garage actually leaves more open space. He said that the staff recommendation to limit the height of the garage was a good idea. Sheerin said she too had originally had concerns about the mass of structures on the site. Sheerin invited the findings of fact. Eckstein said that this special exception poses no threat to the public safety and does not increase traffic congestion because of the way the garage is situated on the alley. She said that there are no structural changes that would impede emergency vehicles. Sheerin said that this situation is peculiar to the property because the lot is smaller than other lots in the area, and is the minimum size allowed in the zone at 6,000 square feet. Sheerin said that there is very little room behind the house to situate a garage off the alley. Sheerin said that another peculiarity of the property is that it actually provides for a larger setback with an attached garage than it could have for a detached. Sheerin said it meets the specific criteria as there is a practical difficulty with the setback requirement due to the shallow depth of the parcel and the small size of the lot. Sheerin said that granting the special exception will not be contrary to the purpose of the setback requirement because it actually provides more space between the garage and the adjacent property than would a detached garage in this case. Sheerin said that the height limitation will reduce the appearance of massing large structures on the small property. She stated that any potential negative effects resulting from the proposed setback would be mitigated to the extent possible because the proposal actually results in more space on site. Sheerin said that the proposed garage is set back ten feet from the rear property line. Sheerin said that all necessary utilities and facilities are in place and the proposed setback will not diminish the capacity for the installation of sidewalks in the future, nor does it have any effect on motorists or pedestrians on the streets. She said the proposal is consistent with the Comprehensive Plan which provides incentives for the use of alleys. Anderson noted that the staff report indicates that sidewalks are not present but that sufficient right of way exists for their future construction. Eckstein said that she concurs with the staff recommendation that the height of the garage be limited to the standards used for detached garages. Sheerin closed the public hearing. A vote was taken and the motion carried 4-0 (Jennings excused). Sheerin declared the motion approved, stating that anyone wishing to appeal the decision may do so within 30 days of the decision being filed with the City Clerk's Office. Board of Adjustment August 11, 2010 Page 4 of 8 APPEAL: Discussion of an appeal filed by Tracy Barkalow to overturn a decision of the Historic Preservation Commission denying a Certificate of Appropriateness for a property located at 837 Maggard Street. Tyson recused herself from consideration of this case as she is associated with the appellants. Walz noted that the appellant has the option of deferring on the matter for another month, as a vote to approve the appeal requires three affirmative votes. The appellant indicated a desire to proceed. Eckstein said that she had another commitment, so if the discussions ran past 6:35 p.m. she would have to leave. Walz said that at that point the Board would have to defer if the matter had not been resolved. Walz explained that at the May 27th meeting of the Historic Preservation Commission (HPC) the Commission voted to deny a Certificate of Appropriateness to allow vinyl siding fora non- contributing structure located at 837 Maggard Street. The subject property is located in the Clark Street Conservation District. The appellant has requested an appeal to the Board of Adjustment for the denial of the HPC decision citing the following grounds: 1) The decision was unfair because adjacent properties in the neighborhood are sided in vinyl siding, and the Board approved the vinyl siding on the adjacent properties (also owned by the appellant) at the very same meeting; 2) A member of the Commission made statements prior to and during the meeting indicating bias against the appellant, and 3) The cement-board siding approved by the Commission is too expensive. Walz noted that the Board has been provided with the transcript and minutes from the May 27tH meeting. She said that staff believes that HPC was not arbitrary or capricious in its decision, which is the standard for granting an appeal. Walz said that the transcript shows that the Commission cited the property's non-contributing status. Walz said that staff finds it is reasonable that the two properties owned by the appellant were treated differently by HPC because the property that was allowed to have vinyl siding was non-historic, whereas the property that was denied vinyl siding was cited as non-contributing. Walz said that the non- contributing status indicates that the property is of historic value but the property has been altered in such a way that it no longer contributes to the historic nature of the neighborhood. Staff finds that the bias indicated by the appellant is not evident, and that even if it was, such bias did not taint HPC's decision as both the vote to approve vinyl siding on one property and deny vinyl siding on the subject property were unanimous votes. She said that Commissioners had cited appropriate reasons for their votes. Walz noted that the Board does not have the authority in this context to grant relief based on economic hardship, which is the third ground the appellant lists as a reason for appeal. Greenwood Hektoen noted that the standard the Board is to consider is whether the HPC was arbitrary and capricious in making their decision. She said that this is not a re-hearing of the merits of the case; Board members are not meant to decide what they themselves would have done if they had been on HPC. Greenwood Hektoen said that the decision as to whether the Commission had behaved arbitrarily or capriciously should be based on the record provided to the Board and the testimony at this evening's meeting. Board of Adjustment August 11, 2010 Page 5 of 8 Eckstein asked if there is any economic apparatus in place to help building owners in historic districts meet the standards required by the code. Walz said that in this particular context there is not. Greenwood Hektoen said that in some cases an application for economic hardship can be filed separately from the appeal process. Eckstein asked if that meant that a homeowner would not have to comply with certain aspects of the historic preservation regulations if they were found to be suffering economic hardship. Greenwood Hektoen said that there is an avenue available for that in the general sense, but that has not been requested in this case and is not part of what the Board is to consider in this case. Sheerin asked if it was correct to say that 837 Maggard Street was considered non-contributing because it was a historical home that had undergone changes that had detracted from its historic character. Staff said that was correct. Sheerin invited the appellant to speak. Tracy Barkalow, 916 North Gilbert Street, said that in the past year several thousand dollars had been spent on a new roof for the subject property. He said that they had worked with HPC to put a small, new deck on the front of the building; Barkalow said that the deck should have cost a couple thousand dollars but actually cost about $8,000 to build to historic code. Barkalow said that they wished to put vinyl siding on the property for a better long-term appearance. He noted that Housing inspection Services (HIS) requirements required only a weekend's worth of work on the porch and a few hundred dollars in paint. Instead of meeting the bare minimum requirements, Barkalow said, it was his desire to improve the property and the general neighborhood by replacing the siding. Barkalow explained that the street dead-ends into a cul-de-sac and railroad tracks. He said that the apartment complex at the end of the street has vinyl siding on it; 831 Maggard has vinyl siding on it; 841 will have vinyl siding on it; several other properties on the street have vinyl siding. Barkalow said he understands the value of historic neighborhoods as he owns a real estate company in town and lives in a historic district himself. He said that he just does not understand the historic value of this particular duplex at the end of a cul-de-sac that has been a rental property for over a decade. Barkalow said Pam Michaud of the HPC came into his real estate office and badgered his staff for about a half an hour the week before the HPC meeting was to take place. He said Michaud told his staff that Barkalow could afford to side the building in cement-board and that Barkalow should stop putting bad tenants in historic neighborhoods. He said she asked how he had made all of his money, and in response to his claims that cement-board siding was not economically feasible for this particular home, she inappropriately suggested at the meeting that he should take money from other income properties and invest it in this one. He said that this particular property generates about $900 per year, and it would take about 15 years to pay the difference between vinyl and cement-board siding. Barkalow said that Michaud's behavior had been totally inappropriate and that Mayor Matt Hayek and City Planner Christina Kuecker had both personally apologized for Michaud's behavior and acknowledged its inappropriateness. Barkalow said that he did not feel he had gotten a fair shake at that meeting, and that he had found the whole thing disturbing. Barkalow said he just wanted to get the property sided and cleaned up, and that if he is unable to do that then he will simply paint it and leave it as an ugly house in the neighborhood. Alicia Trimble, 2232 California Avenue, introduced herself as the current chair of HPC. She said Board of Adjustment August 11, 2010 Page 6 of 8 that to her knowledge, the HPC has never approved vinyl siding on a contributing structure, or a structure that could be contributing if it was restored. Trimble said that the property next door to the subject property was built in the 1980's, so HPC did not have any guidelines that would prevent vinyl siding from going on that structure. Trimble also noted that the Commission cannot take cost into consideration when making their decisions. Eckstein motioned to grant the appeal to overturn the decision of the HPC to deny a Certificate of Appropriateness for a property located at 837 Maggard Street. Anderson seconded. Anderson thanked Kuecker, Barkalow and Trimble for attending this meeting, saying he knew that historic preservation can be a contentious issue. He said that while actions or statement s of certain Commission members may or may not have been appropriate, ultimately, the decisions rendered were appropriate based on the criteria governing the Commission's decision. He said that for him it is a fairly straight-forward issue. Sheerin said that she agreed with Anderson that there was nothing in the record to demonstrate that the Commission had acted arbitrarily or capriciously. Sheerin did note that if the Commission was not allowed to consider economic hardship as a factor in their decisions then they certainly should not be considering a perceived ability of the applicant to pay for requirements. She said that while those comments may not have been appropriate, they also were not allowed to influence the decision. Sheerin said that while it is frustrating that two adjacent properties are governed by different rules that is a function of the historic preservation code. She said she did not see how the Board could overturn the decision of HPC based on what was before them. Eckstein said that she agreed with what her colleagues had said. She said that the distinction between non-historic and non-contributing is clear in the code, and that the Commission has voted consistently based on that distinction. Eckstein said that the double-balcony mystifies her; she said she cannot understand how that structure went through the HPC and was approved. Eckstein said that the whole issue of contributing and non-contributing is based in the potential of the property to go back to its role as reflecting a historic presence in the neighborhood. Eckstein said that she understands perfectly why the two homes had different findings from the Commission regarding vinyl siding; although, how the double balcony was ever approved through HPC is another question altogether. Greenwood Hektoen said that the Board should not consider the balcony's role in the structure's historical conformity as no evidence had been presented on that. Eckstein said she was merely making a comment. She said she agreed with her colleagues; she would not know how to question the decision given the clarity of the distinctions. Sheerin closed the public hearing and invited further findings of fact. Eckstein said that anon-historic property like 841/845 Maggard is outside the historic purview of HPC; therefore, rules such as whether or not vinyl siding can be used simply do not apply to those properties. For a property that is within the Commission's historic frame, those rules do apply. Sheerin said that HPC had made a clear distinction between the two properties based on the code and made it clear that the subject property did not fall within the exception for non- Board of Adjustment August 11, 2010 Page 7 of 8 contributing property to have vinyl siding. Sheerin said that while the comments of Michaud may have been inappropriate, the Commission did not form their decision based upon them and in fact made it clear that those comments were irrelevant to the matter before them. She pointed out that a simple majority was needed, and the Commission had voted unanimously in the matter. She said that cost just is not an issue because it cannot be considered. Anderson said that he could understand an allegation of bias if the Commission had made a practice of approving vinyl siding for non-contributing structures in the past; however, HPC has been very consistent in not allowing vinyl siding for properties that can be moved toward contributing status. Walz reminded the Board that a "yes" vote meant that they were overturning the HPC decision; a "no" vote means that the HPC decision is affirmed. A vote was taken and the motion failed 3-0 (Tyson recused; Jennings excused). Sheerin declared the motion approved, stating that anyone wishing to appeal the decision may do so within 30 days of the decision being filed within the City Clerk's Office. Walz noted that the next meeting would take place September 8th and that there would be at least two applications. Walz said she would not be present for the meeting as she would be in Des Moines; however, she will inform the Board ahead of time of which staff member will be there instead. ADJOURNMENT: Tyson motioned to adjourn. Anderson seconded. The meeting was adjourned on a 4-0 vote (Jennings excused) at 6:02 PM. 7 .0 Q L MQ W N L u ^~ W V A~ W Q L t 0 N O M O CO O O~ x K ~ ~ 0 ~ ~ ~ ~ O v V ~ x x x x N X X X ~ ^ O V d' O M x x x o x N M ^ O X X X h N ~ u1 M - L _ ~ ~ ~ L .X ~ O O O O O ~ _ _ W O O O O O c c c 'i ~ ~ ' ~ Cq ~ O ~ a u c s ~ ~ ~ Q ~ ~ d H Z ~ ~ _ c c ~ ~ - ~ Q ~ o C m ~ V ~ '~ N C O ~.. a cd C a.+ ~+ O C '~ t u L 0 L fd s ~.+ u4 C ~L C .~ L u L v t . ~ L N N '~ ..i ~ s.. N ~ 7 ~ U = y ~ _ ~ i + ' ~.+ ~ ~ G ~ v c~ ~ ~ ~ a Q Q Z Z II II II II II X O O z c w MINUTES 4b 3 HUMAN RIGHTS COMMISSION APPROVED August 17, 2010 LOBBY CONFERENCE ROOM, CITY HALL Members Present: Dianne Day, Wangui Gathua, Martha Lubaroff, Howard Cowen, Harry Olmstead, Connie Goeb. Members Absent: Corey Stoglin, Dell Briggs, Yolanda Spears. Staff Present: Stefanie Bowers. Others Present: Charles Eastham and Father Rudy Juarez. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. CALL TO ORDER Vice-Chair Day called the meeting to order at 6:15 p.m. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Charles Eastham and Father Rudy Juarez introduced themselves and stated they were present for the Sanctuary City discussion. CONSIDERATION OF THE MINUTES OF THE July 20, 2010 MEETING: Lubaroff, moved to approve. Goeb seconded. The motion passed 5-0. (Gathua not present for the vote) INTRODUCTION NEW COMMISSIONER Commissioner Harry Olmstead recently moved here from Birmingham, Alabama. He is on the Board of Access 2 Independence and recently started a support group for amputees. ANNUAL REPORT Bowers summarized the report and noted a few corrections. Lubaroff, moved to approve noting corrections Cowen seconded. The motion passed 5-0 (Gathua not present for the vote) ONE COMMUNITY ONE BOOK Bowers updated Commissioners on the date and time author Alan Dew will be discussing his book Gardens of Water (November 7th at 4 pm at the Pomerantz Center Room C20). Day mentioned two other panel discussions about the book that will be held at the Iowa City/Johnson County Senior Center and the Iowa City Public Library later in the fall. SANCTUARY CITY Day handed out a proposed ordinance along with several other documents. Father Juarez told Commissioners that a Sanctuary City is an endorsement of Human Rights for all. Father Juarez explained that a Sanctuary City does not ask anyone to violate the law and would lead to more cooperation within the community. Eastham mentioned the human element and that without an ordinance in place some in the community do not have equal access to all services. The Sanctuary City Committee plans to hold a public meeting in September and meet with City officials in October. This item will be placed on the September agenda so that Commissioners can read through the materials before being asked to vote on a possible recommendation to Council. BREAKFAST The Breakfast will be held on October 28th at 7:30 a.m. at the Hotel Vetro. Commissioners need to arrive by 7:00 a.m. Human Rights Commission August 17, 2010 Page 2 of 3 SUBCOMMITTEE UPDATES Goeb (Gathua, Day) reported the Speaker's Bureau has been tentatively renamed Community Dialogue. They will be working with the University of Iowa Center for Human Rights on the Dialogues and will be doing a press release in the near future to solicit speakers. In addition, Goeb, Gathua, Day and Lubaroff planned to be trained facilitators for the Dialogues. Lubaroff (Spears, Olmstead) reported that subcommittee members still hope to be able to create a program on bullying this year and will try to meet before the next meeting date. ADA TRAINING The date for the training is October 6th from 10 a.m. - 12 p.m. at the Iowa City Public Library. Lubaroff will announce the program. Olmstead will serve as back up if Lubaroff is unable to make it. STRENGTHENING LATINO/A COMMUNITIES PROGRAM Bowers will get more information from the University to find out the actual hours of the program and report back to Commissioners. REPORTS OF COMMISSIONERS Lubaroff and Day mentioned a recent appearance they made on At Home in Iowa City. Bowers will send a link of the program to Commissioners. Olmstead reported that August 26th is the 90th Anniversary of Women's Suffrage (19th Amendment). Bowers reported on two recent presentations to the Youth Empowerment Service participants (YES) on civil rights. ADJOURNMENT Lubaroff moved to adjourn. Olmstead seconded. The motion passed 6-0 at 19:23. Human Rights Commission August 17, 2010 Page 3 of 3 Human Rights Commission ATTENDANCE RECORD 2010 Meetin Date NAME TERM EXP. 1/19 2/16 3116 4/20 5118 6115 7/20 8/17 9/21 10/19 11/16 12/21 Dell Briggs 1/1/11 X X O/E X X X X O/E Yolanda Spears 1/1/11 X O/E X X O/E O/E X O/E Corey Stoglin 1/1/11 O/E O/E X O/E X O/E O/E O/E Dianne Day 1/1/12 X X X O/E X X O/E X Wangui Gathua 1/1112 X OIE OIE X X X X X Martha Lubaroff 1/1/12 X X X X X O/E X X Howard Cowen 1/1/13 X X X X O/E X O/E X Constance Goeb 1/1/13 X O/E X X X X X X Fernando Mena- Carrasco 1/1/13 X X O/E X X X O/E R R R R R Harry Olmstead (8-1-2010) 1/1/13 - - - - - - - X KEY: X = Present O = Absent O/E = AbsentlExcused NM = No meeting/No Quorum R =Resigned - = Not a Member 4b 4 MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 - 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Andy Douglas, Charlie Drum, Holly Jane Hart, Michael McKay MEMBERS ABSENT: Jarrod Gatlin, Rebecca McMurray, Brian Richman, Rachel Zimmermann Smith STAFF PRESENT: Tracy Hightshoe, Steve Long OTHERS PRESENT: None RECOMMENDATIONS TO THE CITY COUNCIL: HCDC recommended that City Council adopt the revised CDBG and HOME Program Investment Policies as it pertains to homebuyer and public facility projects. Revised policy attached. (Vote:5-0) CALL TO ORDER: The meeting was called to order by Vice-Chairperson Charlie Drum at 6:30 p.m. APPROVAL OF THE JUNE 30, 2010 MEETING MINUTES: Long noted an error in a figure given in the minutes. Chappell motioned to approve the minutes as amended. Hart seconded. The motion carried 5-0 (Gatlin, McMurray, Richman, Zimmermann Smith absent). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE2of10 STAFF/COMMISSION COMMENT: Long noted that the City had received another $1.4 million for the Single Family New Homes Program. This program involves replacing the housing stock that has or will be purchased through federal buy-out programs from the 2008 floods. Long said that the Single Family New Homes program built and sold 40 homes that were all completed and sold by this spring and there are 37 additional homes being constructed now under Round 2 of the program. The City was recently notified that there will be a Round 3 that will support approximately 30 additional homes. He said that it also sounds as if there may be a fourth and fifth funding round for this program in the future. Long said the program has been very successful and that builders have also been thrilled with it. Hart asked how many flood damaged homes had already been purchased. Long said that 56 homes have been acquired; he expects that approximately 100 will be acquired eventually. He said that 38 have been demolished and another nine should be down by next week. Long noted that the City had also applied for grant funds to build a levee to protect the Baculis and Thatcher mobile home parks and 50 nearby businesses. Chappell said that he thought the number of businesses involved had previously been stated as 20. Long said that there are approximately 20 business structures, but there are multiple businesses in a number of the structures. Long said the project would be about a $4 million project. Long said that the project had been voted down by HCDC at the June 30th meeting but that City Council approving it. Hightshoe noted that the legal department had noted there were some votes recorded as "abstain" in the last few HCDC meetings. Hightshoe said that "abstain" means that a Commissioner is not voting on a matter because of a possible conflict of interest; whereas if a Commissioner feels they do not have enough information to vote on a matter or just not at a point to vote yes, then they should simply vote "no." REVIEW AND DISCUSS THE ALLOCATION PROCESS FOR ANTICIPATED AND RECENTLY RECEIVED CDBG PROGRAM INCOME: Long stated that there would be approximately $2.9 million in program income coming back into the CDBG line of credit from the Aniston Village project. Long said the funds would be received sometime this winter. The City Council recently allocated $1.9 million to the proposed west side level project with the remainder of the funds anticipated to come from an I-Jobs grant if the City is awarded funding. This would leave about $1 million to allocate through the HCDC process. Long said that if the I-JOBS Board does not approve the City's application on September 15tH then the full $2.9 would need to be allocated. Long said this evening's discussion was how to address the additional funding from a theoretical and policy standpoint. Long said the daycare facility at 1516 Sheridan had been sold at the end of the City's fiscal year (June 2010). This repayment is considered CDBG program income and has to reallocated to CDBG eligible uses. Long said the City had assisted anon-profit in purchasing and renovating the building eight years ago; four years ago the building went into foreclosure and the City took the property over. Long said there is about $100,000 from the sale of the building to allocate. Long explained that Extend the Dream Foundation started their FY11 project before the environmental review was finished, despite numerous warnings and reminders not to do so. As a result, they are no longer eligible for the $40,000 that they were allocated. Starting any HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 3 of 10 construction work before the City receives environmental clearance jeopardizes the whole project. The City will need to reallocate these funds as well. Hightshoe explained that as early as the application process funding recipients are clearly informed that they cannot begin projects before the environmental release from HUD and they enter into an agreement with the City. Federal guidelines prohibit the City from funding any part of the proposed project due to this procedural issue. Hightshoe said that because such a large amount of money is coming into the City's line of credit all at once, they need to begin spending and allocating funds before the next regular round. If the Commission waited and just included the money in the next funding round, the money could not be spent until the other FY12 allocations were released in July 2011. Because this money is "program income," the City can spend it immediately; it is prior-year money. Long noted that HUD has a policy stating that the City cannot have more than 1.5 times their allocation amount in their line of credit each year. Long said that it is likely the City will exceed that this year and will receive a warning from HUD. He said the more money that can be spent by the end of May, the better. Long said that even if the levee grant is approved, construction on it will not start until around March, so that allocated money ($1.9 million) will not be spent by the time HUD takes its first measurement. Long proposed having a special allocation round sometime this fall. He said that the idea would be to have a less formal process, with high minimums so that the number of projects to be reviewed was not overwhelming. Hightshoe said there is currently a policy in place for "windfall' income, which would apply to the funds being discussed. Hightshoe said the current policy says that HCDC will determine if: 1) existing projects that did not receive full funding should be considered, 2) projects that applied but did not receive any CDBG/HOME funding in the last funding cycle will be considered, 3) new proposals will be submitted, or 4) funds will go to the Contingency Fund. Hightshoe said the Contingency Fund is not really an option in this case. The amount of funding available for Public Services could not exceed 15% of anticipated program income, so internal amounts would be set for those projects. Hightshoe explained that one of the things that would have to be decided would be whether 15% of the $2.9 million would be withheld until FY12 for Public Services, or would be spent on eligible Pubic Facilities and Housing applications prior to July 1, 2011. Hightshoe said this item would be back on the Commission's agenda in September, and what staff was seeking at this point was guidance from the Commission on how they would like to see this proceed. Long said that this is an unprecedented amount of additional funding. Hightshoe noted that if the I-JOBS levee grant was not funded, then there would be another $1.9 million to allocate. Long urged the Commission to be creative as this was an opportunity to really make an impact. Long noted that 20 years ago the City took a $1 million pool of money and used it to create the Senior Center, which has a tremendous impact on the community. Long said that in the past large funding amounts like this have been used to make improvements to Ralston Creek and build dams in Hickory Hill Park. Hightshoe noted that City Departments will also be aware of this money and will be applying for funding as well. She said that when the money is opened up and advertised, it will be opened up to everybody. Long said it will be up to the Commission to decide what the best use for the funding is and whether there is a need for the proposed project. Hightshoe said that even some applying City departments may not understand that there must be a component of their project that benefits those with low-to-moderate incomes. Chappell asked if it was possible to move 85% of the $1 million now, and hold the other 15% back for the regular allocation cycle, and staff said that it was. Long said that if there was a particular project in their minds, a couple hundred thousand could also be held back for next year. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 4 of 10 Long said that there has been some talk about using funds to redevelop the Towncrest area by setting up a small business fund to encourage businesses to locate or expand into that neighborhood. Another idea that has been discussed is land-banking in which scattered-site lots are acquired and then developed at a later date. Chappell asked if Towncrest was in a low- to-moderate income census tract and Long said that it is not. Hightshoe said that if the business owner herself is low-to-moderate income then the funds could be used. Long said that facade improvement was a possibility for the Towncrest area, but it could be difficult to justify. Long said that Riverfront Crossings is also an area that funds could be targeted toward. He said that the City has purchased the former site of St. Patrick's Church and would like to put affordable housing in the upper levels of the building when they redevelop the site. Long said money could be set aside for downpayment assistance or as incentives for rental housing. Long said he had brought the FY11 project list in consideration of the policy that states the Commission may first consider those projects that were not fully funded. Long said ISIS, The Housing Fellowship, Dolphin Point, Habitat for Humanity, MYEP and Big Brothers/Big Sisters all received less than full funding for FY11. Chappell asked if the Commission was required to reconsider these projects and staff said that they did not. Long said that the Commission could also go back to consider the two projects that had received no funding. Hightshoe said staff was just looking for a general direction and would put something together for the September meeting. Drum said that he is partial to looking at fully funding some of the projects that have already applied. Chappell said that given how unique it is to have that amount of money at one particular time he is partial to the idea of thinking creatively on how to spend the money. He said that the Commission could encourage those who were not fully funded to reapply, but reserve some funds for new ideas. Drum said that it would be great to be able to support one large project, such as when the Senior Center was created. Chappell said that he is interested in knowing how the funding will be advertised in order to get the word out that the Commission is seeking creative ideas. Long said that a number of non-profits are already aware that the money is coming and staff also works with members of the business community and other city departments. Hightshoe said the word will get out pretty fast. McKay said that his inclination is that the Public Services funds should be reserved to the greatest extent possible because that pot is always so small and the organizations so worthy. McKay said he would like to maximize the funds available to those groups. Chappell said he would like to see the $15,000 do something in the short term, and would like to reserve 15% of the one million and allocate that as part of the regular funding process next year. Long said that with small windfalls for Public Services in the past, staff has had just a one page application for those who had not received full funding in the prior funding cycle and distribution of the additional funds was done in one meeting. Hart said this was an appealing idea. She said that Public Services are always frustrating allocations because of the scarcity of resources. Chappell asked what the timeline would be if a separate allocation process was done for all but the Public Services set asides. Working backwards from an approximate funds-availability date HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE5of10 of January 15tH, staff determined that October 31St would be a likely due date for applications. Chappell said he was not sure that more than a month of notification is necessary if everyone already knows this money is coming. Hightshoe said that the application due date will likely be sometime in October. Chappell asked if the Commission needed to do anything special if it decided to hold back some of the funding and use it for next year's allocation. Chappell said he wanted to be able to reserve some funds and not be committed to spending all of the money if the applications were not particularly exciting or creative. Drum said he did like the idea of being able to fund a larger project if it came along. Chappell said his comments had only pertained to the Public Services funding. Douglas said it sounded to him like there was enough money that all of these things could be done: fund public facilities, fund some of the housing/construction projects, and put money aside for other ideas as well. Chappell said that his thinking is to set aside the $15,000 for Public Services (% eligible from the resale of the Sheridan property) and allocate those funds to last year's applicants; have a second allocation process for the rest of the money (whether it is $1 or $2.9 million depending on the outcome of the I-Jobs application), letting applicants know ahead of time that the full amount of funds may not be allocated; and then hold $150,000 (from the % eligible of the Aniston repayment to be received in FY11) aside for Public Services in the FY12 allocation process. McKay said that made sense to him. Hart asked if this was something that needed to be agreed on tonight. Long said that if a consensus could be reached staff would go ahead with the notification process. Chappell suggested letting Public Services applicants reaffirm their need for funding by a simple a-mail rather than reapplying. Chappell asked if there would be one or two new members on the Commission and Long said it would only be one. Hightshoe said that she did not think the $15,000 would require an Annual Action Plan amendment if funding the same public service applicants. Long said that was correct; the money could be allocated the day after the vote. Long said the $1 million allocation would take place at the November meeting and would require a 30-day comment period. Hightshoe said the idea would be to spend as much money as they can by May. Commission members agreed that Chappell's summary represented a consensus on how to proceed. SELECT HCDC MEMBER TO REPRESENT THE COMMISSION DURING THE CITY MANAGER HIRING PROCESS: Long said that the consultant had narrowed the search to 15 candidates and the City Council will be narrowing it to five or six. Long said that the Council would like to have a representative from each Commission participate in the interview process. Hi~htshoe said that there will be a "meet and greet" of candidates on September 27tH 28tH and 29t . Typically, Hightshoe said, the HCDC Chair would attend; however as of September 1St the Commission will have no Chair. The chair will be appointed at the September 16 meeting. Hightshoe clarified that the representative would have to be available for all of the meetings that week. McKay said he would be interested in participating. Chappell motioned to nominate McKay to represent the Commission in the City Manager hiring process. Drum seconded. A vote was taken and the motion carried 5-0 (Gatlin, McMurray, Richman, Zimmermann Smith absent). HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 6 of 10 DISCUSS REVISED CDBG 8~ HOME PROGRAM INVESTMENT POLICIES FOR PUBLIC FACILITY PROJECTS -RECOMMENDATION TO COUNCIL: Hightshoe explained the currently policy. For public facility projects, the compliance period is determined by the amount of CDBG funds received. The award amount is divided by 3,000 and the resultant number is the compliance period. For example, if a subrecipient received $30,000, they would have a compliance period of 10 years. Using this formula, Long said, there have been agreements that have resulted in compliance periods that ranged up to 99 years, the current maximum compliance period. This policy creates problems for some subrecipients. As the City places alien/mortgage on the property to ensure compliance with the CDBG agreement during the compliance period, some subrecipients with large awards must show a liability on their books for 30-99 years depending on the CDBG award. Staff has also encountered problems when the useful life of the project is less than the compliance period such as for carpeting, bathroom remodels, etc. Hightshoe noted that this formula was developed by the City and is not a HUD policy. Hightshoe said that staff is proposing a maximum 20-year compliance period regardless of award amount. Hightshoe said that staff is also suggesting that the new formula to determine compliance periods would be to divide the allocation amount by 10,000, opposed to 3,000. For an allocation amount of $20,000, this would change the required compliance period from approximately 6'/z years under the old formula to 2 years under the new. Long noted that HOME funds have a required "affordability period" period of 20-years for new construction and having the same maximum for CDBG would bring some consistency. Hightshoe stated there is also a proposed change to the homebuyer investment policy so that it is consistent with the City's policy as submitted to HUD for HOME homeownership projects. Hightshoe said that HUD had required the City to formalize its resale and recapture provisions this year in the City's Annual Action Plan approved by Council. Resale and recapture provisions are used for homebuyer projects under the HOME program. Hightshoe said that for a home ownership application the applicant must identify at the time of application whether they will go by a resale provision or a recapture provision. Under the resale provision, the assisted homeowner would have to sell their home to another income-eligible homeowner during the affordability period. The recapture provision says that the homeowner must repay the City all or a portion of the funds the applicant received from the homeowner's net proceeds upon the subsequent sale of the home. The policy states how the City will implement its resale or recapture option for HOME homebuyer projects. If an applicant proposes something different than the stated policy, this must be identified in the City's Annual Action Plan approved by City Council and then reviewed by HUD. Hightshoe said staff is proposing that City policy be consistent whether it is funded with HOME or CDBG funds. Basically the policy will be defined by the Annual Action Plan, approved by Council each year. In this way, our homebuyer investment policy and our Annual Action Plan sent to HUD will be consistent. Long said that at the time of application each year staff will give applicants the most recent policy. Chappell motioned to adopt the revised policy. McKay seconded. A vote was taken and the motion carried 5-0 (Gatlin, McMurray, Richman, Zimmermann Smith absent). HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 7 of 10 Hightshoe noted that it was not unlikely that some of the agencies with 99-year compliance periods may come back before the Commission for amended terms if the City Council approves this policy change. ADJOURNMENT: McKay motioned to adjourn. Chappell seconded. The motion carried 5-0 (Gatlin, McMurray, Richman, Zimmermann Smith absent). The meeting was adjourned. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 8 of 10 EXHIBIT A -Draft CDBG AND HOME PROGRAM INVESTMENT POLICIES Economic Development Economic development projects making application to the CDBG Economic Development Fund will be reviewed by the Council Economic Development Committee. The Council Economic Development Committee will make a recommendation to the City Council for each project proposed for funding. Said recommendation shall include the amount of CDBG assistance to be allocated and the terms of investment. Typically, for-profit business projects will receive low-interest loans; whereas, non-profits may be recommended for forgivable loans or grants. Decisions regarding investment terms for economic development projects will be made based on the nature of the project including, but not limited to, the risk, potential for growth, the number of and quality of jobs created for low-moderate income persons, the ability to repay a loan and the amount of other funding leveraged. Housing Rental Housing. Except as noted below, the interest rate for rental housing activities will be zero percent (0%) for non-profit owned projects and prime rate (determined at the time the CDBG\HOME agreement is executed by the City) minus two points for for-profit owned projects with an amortization period up to thirty (30) years or the period of affordability, whichever is less. Homeownership. Each year Iowa City adopts resale/recapture :provisions that apply to all HOME assisted homebuyer projects... The recapture/resale provisions shall be the same for both CDBG and HOME assisted° homebuyer projects. These provisions are set forth in the Annual Action Plan for the year the funds were allocated to the SubrecipientiRecipient. Tenant Based Rental Assistance (TBRA). All HOME funds provided for TBRA will be in the form of a grant. Exceptions. The City may grant a different interest rate and/or a different repayment option based on the nature of the project including, but not limited to, the revenue generated, the ability to repay a loan, the type of housing provided, the beneficiaries, the amount of other funding leveraged and the location of the site. Public Facilities The City of Iowa City, as the recipient of Community Development Block Grant (CDBG) funds, utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201 (c) that are completed by the City and\or subrecipents. The following policy applies to CDBG assistance provided to non-governmental subrecipients ("governmental" includes only jurisdictions with taxing authority as provided for in Iowa Code). HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 19, 2010 PAGE 9 of 10 Projects that receive an allocation by the City of Iowa City will receive an earned grant, as defined herein, which will be secured by a mortgage or other comparable security instrument. The compliance term of the earned grant will be determined by the formula also provided herein. At the end of the applicable compliance term the lien or other security instrument will be released by the City. If the real property is leased, the lease shall be for a period that matches or exceeds the compliance term of the earned grant. • Earned Grant: A lien against the real property being assisted, or other comparable security, which is repaid only upon transfer of title, rental of the property, or termination of services or occupancy as outlined in the applicable CDBG Agreement. If the subrecipient fully satisfies the terms outlined in the applicable CDBG Agreement the mortgage against the property, or other security instrument, will be released by the City following the completion of the compliance period that begins on the date of execution of the mortgage or security instrument. • Earned Grant Formula: The total amount of CDBG assistance allocated to a subrecipient in any one City fiscal year fora "public facility" project divided by $10,000 equals the number of CDBG .compliance years for the Earned Grant. (For example: $20,000 in CDBG assistance divided by $10,000 would equal a compliance term of 2 years or 24 months). If the Earned Grant Formula .results in a compliance term of less than one year (12 months) the minimum compliance term shall be one .year (12 months). 'The maximum compliance term for any CDBG assistance shall be no more than twenty (20) years. Public Service Public Service projects as defined in 24 CFR 570.201 (e) shall receive CDBG assistance in the form of a grant with a term of not less than one year. Z O N ~_ O H z W a O W W D F- Z U 0 z Q Z N O O v W W O U~ ZO Q N Z W H Q x x x ~ x x O O O ~"> c X X O X X X X X O o x x o x x o x x o N X X X X X X X X X M X X X X X X ~ X X M cc x x x x x x x x x N N X X X X X X X X X T N •-- M N M ~- ~-- ~ r O r N r W K r N r O r r- O r N r ~- O O O O N F-W O rn O rn O ~ O rn O rn O rn O rn O O Q W W V W = ~ O Z Q J m Z F- N 2 ~ J U Q m Q a ~ v Z = ~ ~ Q ~ W w ~ V ~ V Q = O ~ Q Q - Q Q Z V ~ ~ ~ 2 ~ ~ ~ N a~ ~ ~ ~~ w~ ~ ~ C N (0 ~ O QZ w~ m C C ~ ~~ a`z° n ii Y~ X Z 4b 5 MINUTES APPROVED PLANNING AND ZONING COMMISSION SEPTEMBER 2, 2010 - 7:00 PM -FORMAL CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks, Michelle Payne, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Elizabeth Koppes STAFF PRESENT: Bob Miklo, Lorin Ditzler, Julie Tallman, Sara Greenwood Hektoen OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 5-0 (Busard and Koppes absent) to recommend approval of SUB10-00009/SU610-00010, an application submitted by Harold John Dane, Jr., and Allegra Dane for a preliminary and final plat of Meadowlark Hill 2"d Subdivision, a 2-lot, 363.2 acre subdivision located at 4082 Dane Road SE. The Commission voted 6-0 (Koppes absent) to recommend approval of REZ10- 00007/SUB10-00004 an application submitted by the City of Iowa City for a rezoning from General Industrial (11) Zone and Interim Development -Industrial (ID-I) Zone to Planned Development Overlay -General Industrial (OPD-11) Zone and a preliminary plat for the Iowa City Industrial Campus, a 9-lot, 173-acre industrial subdivision located along 420tH Street, west of Taft Avenue. The Commission voted 5-1 (Payne opposed; Koppes absent) to recommend approval of amendments to Title 14, including Article J, Chapter 5, Substantial Improvements, containing the more restrictive language; Article J, Floodplain Management Standards to regulate the 100 and 500 year floodplains and associated changes located in 14-9F, Definitions, 14-46-2, Variances, and 14-8B-5, Administrative Approval Procedures. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission September 2, 2010 -Formal Page 2 of 10 DEVELOPMENT ITEM: SU610-00009/SUB10-00010: Discussion of an application submitted by Harold John Dane, Jr., and Allegra Dane for a preliminary and final plat of Meadowlark Hill 2"d Subdivision, a 2-lot, 36.2 acre subdivision located at 4082 Dane Road SE. Miklo introduced Lorin Ditzler, a graduate student in the University of Iowa's Urban and Regional Planning Department, who will be working in the Planning Department as an intern over the next year. Ditzler noted that the subject property is southwest of Iowa City, and falls under the Johnson County/Iowa City Fringe Area Agreement. The applicant wants to divide the property into two lots, with Lot 1 in the north and the second lot serving as Outlot A. Ditzler said this is the second subdivision of Meadowlark, which had previously been divided into two tracts. Ditzler said that the first subdivision had no requirement for a review by the City. Ditzler explained that the Comprehensive Plan supports commercial and office uses in this area upon annexation by the City. The recent improvements to Mormon Trek had been done in part to provide access to planned industrial development in that area. Ditzler said that the Fringe Area Agreement states that subdivision in that area is not advisable unless it is either annexed by the City or restrictions on its development are put in place until such time as it is annexed. Ditzler said that the Fringe Area Agreement advises that the property be restricted to agricultural uses if it is subdivided prior to annexation, and that its access to Mormon Trek Boulevard be prohibited until Outlot A is annexed. Ditzler stated that the subdivision design calls for a northern lot of 26.6 acres, and a southern outlot of 9.7 acres with a frontage, but no access, to Mormon Trek Boulevard. Ditzler explained that the deficiencies and discrepancies outlined in the staff report have actually been resolved and a revised plat has been received. She noted that the County is currently looking at a rezoning of this property from a combination of R-1 and A-1 to R-20. She said that staff does not object to that. Freerks asked what R-20 zoning meant. Ditzler said that it means that 20 acres per lot are required by zoning. Miklo said that would prevent the property from being developed further under County jurisdiction. Ditzler said that staff recommends approval of the application subject to the approval of legal papers by the City Attorney. Freerks invited questions for staff. Eastham asked Ditzler to show him where the access easement currently is for Outlot A. Payne said that on the plat it looks as though the easement is on the property to the west. Miklo said that the easement is indeed on the property to the west; the owners of that property had granted an easement to get to Dane Road. Miklo said that if the property is subdivided he believes that it is actually the owners to the west who intend to buy the subject property. Freerks opened the public hearing. No one wished to speak to this issue and the public hearing was closed. Freerks invited a motion. Planning and Zoning Commission September 2, 2010 -Formal Page 3 of 10 Payne motioned to approve SUB10-00009/SU610-00010, an application submitted by Harold John Dane, Jr., and Allegra Dane for a preliminary and final plat of Meadowlark Hill 2"d Subdivision, a 2-lot, 363.2 acre subdivision located at 4082 Dane Road SE. Eastham seconded. Freerks invited discussion Payne asked if the reason behind the subdivision was so that the property owner could sell Outlot A. Miklo said that was correct. Freerks said that usually when the Commission sees a subdivision it means that building occurs, but that is not the intent here. Miklo said that with the purchase of Outlot A, the buyers will have three lots in the same vicinity and that they have agreed to refrain from developing Outlot A until it is annexed by the City. Miklo noted that the draft legal papers prohibit further development of the property prior to annexation for anything other than agricultural uses. A vote was taken and the motion carried 5-0 (Busard and Koppes absent). Busard joined the meeting (he had excused himself from participating in discussion of Meadowlark Hill 2"d addition due to his review of this property as a County Planner). REZ10-00007ISUB10-00004: Discussion of an application submitted by the City of Iowa City for a rezoning from General Industrial (11) Zone and Interim Development -Industrial (ID-I) Zone to Planned Development Overlay -General Industrial (OPD-11) Zone and a preliminary plat for the Iowa City Industrial Campus, a 9-lot, 173 acre industrial subdivision located along 420th Street, west of Taft Avenue. Miklo explained that the staff report had been covered in some detail at the Commission's August 5`h meeting so he would just summarize the issue. The City annexed the property last year and purchased it with the intent of encouraging industrial uses in the area and increasing the tax base. Miklo said that the property has good access to 420`h Street which leads to Highway 6 and Scott Boulevard, and ultimately to Interstate-80. Miklo said that the City is currently in the process of rebuilding 420`h Street to arterial street standards, thereby making it suitable for industrial uses. Miklo said the long term Capital Improvements Plan (CIP) calls for Taft Avenue to be built to arterial street standards as well. The property is being subdivided into some fairly large tracts with local roads and a railroad spur to provide access to those tracts. Miklo said that there are wetlands on the property, some of which are being restored and enhanced, others of which are being mitigated. Miklo said that staff had been waiting on an acceptable mitigation plan, which they have now received. Miklo said that the plat is now in order for approval and staff recommends approval of the plat and the Sensitive Areas rezoning that is necessary for the mitigation. Miklo offered to answer any questions the Commission might have. Freerks asked if it was correct that the mitigation plan still needs to be approved by the Army Corp of Engineers. Miklo said that was correct. He said that no additional stipulations would be required for the plat as the City cannot proceed without the Corp's approval. Eastham said that the staff memo indicates that the City will be responsible for the long-term Planning and Zoning Commission September 2, 2010 -Formal Page 4 of 10 maintenance of the wetlands mitigation area. He asked if there was any estimate as to what the costs of such maintenance would be. Miklo said he did not believe there was an estimate at present. He said it is their intent to work with the Parks and Recreation Department for maintenance of the wetland mitigation. He said the Parks and Recreation Department currently maintains the wetland park at Whispering Meadow, just south and west of the subject property. Miklo said it was possible that consulting services would be brought in at times to ensure that it is a successful wetland. There were no further questions and Freerks opened the public hearing. There was no comment from the public and the public hearing was closed. Freerks invited a motion. Eastham moved to recommend approval of REZ10-00007/SUB10-00004, an application submitted by the City of Iowa City for a rezoning from General Industrial (11) Zone and Interim Development -Industrial (ID-I) Zone to Planned Development Overlay -General Industrial (OPD-11) Zone and a preliminary plat for the Iowa City Industrial Campus, a S- lot, 173 acre industrial subdivision located along 420th Street, west of Taft Avenue. Weitzel seconded. Weitzel said that he believed this was a sensitive approach to increasing the City's tax base and industrial zones. Eastham said that consolidation of the wetlands in that area will hopefully decrease their overall long-term maintenance costs and provide better quality wetlands. Freerks said this is a good project and she looks forward to seeing it take off and hopefully bring some good jobs into the community. A vote was taken and the motion carried 6-0 (Koppes absent). CODE AMENDMENT ITEMS: Discussion of amendments to Title 14: Zoning Code, Article J. Floodplain Management Standards to regulate the 100 and 500 year floodplain and associated changes located in 14-9F Definitions, 14-4B-2 Variances and 14-86-5 Administrative Approval Procedures (Floodplain Development Permit). Tallman said that after the last meeting there were three discussion items remaining, and the Commission had asked to see more specific language about how these issues might be addressed in ordinances. Tallman said that in a memo dated August 26th language can be found that outlines specific language for variances imported into the floodplain management standards. She noted that #5 was the new language. Tallman said that there are still some administrative details to work out in order to make the process run as smoothly as possible. She said that Weitzel had correctly noted at the last meeting that there is already a requirement in place for properties in historic or conservation districts to go before the Historic Preservation Commission (HPC), and these requirements do not add much to that process. Tallman said that there will need to be some cooperation and collaboration between staff. She asked if there were comments or questions about the language for the variance. Freerks asked if there would be a written, formalized process for whatever administrative path is Planning and Zoning Commission September 2, 2010 -Formal Page 5 of 10 decided on so that it is a standardized treatment for each party involved in this type of situation. Tallman said that was possible; she said that there are a number of internal policies within the Building Department, and it may be advisable to have something written down to share between the different departments involved. Freerks asked if it would be possible for staff to share with with the Commission once it is drafted. Eastham asked if the act of elevating a structure would of necessity alter its historic nature. Greenwood Hektoen said it would not necessarily alter its historic nature, and that is why a variance to be reviewed on a case by case basis was included rather than a blanket exemption for historic properties. Miklo said the goal would be to retain the appearance as much as possible. He said that raising a property one foot would likely not affect the appearance, whereas raising it ten feet, likely would. Tallman noted that there are also issues of structural integrity at play as well. Tallman said that the second outstanding issue concerned the language dealing with "substantial improvements." Tallman said that she had noticed a few discrepancies and inconsistencies in the proposed language as she was reviewing it earlier in the day. She said the language issues she found were not substantive and would simply clean the language up. Tallman said that the choice before the Commission really is one of what they want to do concerning elevating additions or entire homes when substantial improvements are made. She noted that commercial structures are somewhat different and would have the option of flood proofing to one foot above flood hazard elevation, an option which is not available to residential structures. Tallman said that it does bear repeating that of the 280 floodplain permits between 2000 and 2008 only four permits would have required an existing structure to be elevated along with a lateral addition. Greenwood Hektoen clarified that the options outlined in the memo were between two versions of C and D. Payne asked for clarification as to whether the wording would be "within" or if "above" would be used, and Payne said she believed both would be used. Tallman agreed. There were no further questions for staff and the public hearing was opened. No one wished to speak and the public hearing was closed. Payne asked if the Commission should vote on each of the provisions of the code amendments separately or if they should all be voted on together. Freerks said she thought it should be one vote though she thought there could be some discussion if there are questions on how to word the motions. Greenwood Hektoen said that it was up to the Commission if they wished to vote on the provisions separately. Freerks said that this issue has been discussed in a lot of meetings and staff has put a lot of work into it, so she would like to see the matter put to a vote, and not deferred again. Payne clarified that she had not intended for anything to be deferred by suggesting that the matters might be voted on separately. Miklo said that there seemed to be some consensus on the variance so a motion could be made to approve the language, including the language concerning historic preservation. He said the second issue is whether to go with the stricter interpretation regarding lateral additions or continue with the current practice. Freerks said she felt it would be simpler to have one vote but to discuss the issues separately. Greenwood Hektoen advised the Commission to make a motion so that they could have discussion; amendments can always be added to the motion if need be. Planning and Zoning Commission September 2, 2010 -Formal Page 6 of 10 Plahutnik motioned to approve amendments to Title 14: Zoning Code, Article J. Floodplain Management Standards to regulate the 100 and 500 year floodplain and associated changes located in 149E Definitions, 144B-2 Variances and 14-8B-5 Administrative Approval Procedures (Floodplain Development Permit). Greenwood asked what language the motion intended to adopt regarding lateral additions. She noted that 14-5J-7 was not listed in the motion. Miklo said that that section would be incorporated into Article J. Plahutnik amended his motion to include the more restrictive definition, Items C and D, concerning residential structures. Greenwood Hektoen said that a reference should be made in the motion to each of the sections being changed. Miklo said that he believed that all of the items being changed under Article J would be included with the reference to Article J. Greenwood Hektoen said she felt there should be a 5 in there somewhere. Miklo said that if all of Article J is being amended then referencing Article J should be sufficient. Miklo said that all of Article J and all of its Section numbers are being changed. There was some discussion as to whether Chapter 5 was in Article J or Article J was in Chapter 5. Plahutnik restated his motion. Plahutnik motioned to recommend approval to amendments to Title 14, including Article J, Chapter 5, Substantial Improvements, containing the more restrictive language; Article J, Floodplain Management Standards to regulate the 100 and 500 year floodplains and associated changes located in 149F, Definitions, 14-4B-2, Variances, and 14-86-5, Administrative Approval Procedures. Eastham seconded. Plahutnik said he likes the variance for the historic structures, as the value of such structures is pretty widely recognized in the community. He said there has been some discussion about how the more restrictive lateral addition language might impose hardships on those who suffer damage to their homes -whatever the cause: flood, tornado, fire. He said that he views the more restrictive language as a sort of reverse "spot-zoning." He said that it seems to him that everyone on the Commission believes that the intent behind the more restrictive language is a good thing, and that by voting against it Commissioners would be voting to shield the very few people who might be placed in a position where the stricter standards would cause additional expense. Plahutnik said that for him, every time he sees the river rise it makes it easier for him to see that whatever regulations can be put on building in the floodplain will ultimately result in savings for the community. Busard said he agrees with Plahutnik's sentiments. He said that as he sees it that the intent of the ordinance is to eventually ensure that in Iowa City there are no more structures in the flood hazard zone, and that in the meantime those structures that do remain the floodplain will at least be flood-proofed and/or elevated. Busard said he believes the standards should be more rigorous. He said failure to implement more rigorous standards will actually encourage people to continue building and residing in the floodplain as they have in the past. Busard said that he is glad to see the variance included that gives historic structures the opportunity for further review. Planning and Zoning Commission September 2, 2010 -Formal Page 7 of 10 Weitzel noted that the variance for historic structures is actually a process of consideration, not a de facto exemption. Payne said that she agrees with creating a variance for the historic structures; however, regarding the restrictive language she said she sees a distinction between protecting people and over-regulating. She said that she views the more restrictive language for lateral additions as over-regulating, and thinks that it is asking way too much of people. She said that this is why she had wanted to vote on the changes separately; some parts of the regulations she agrees with, but others she thinks are simply too much. Freerks noted that the possibility of voting separately could still be discussed and motions amended if the Commission chooses to go that route. She said that she feels much the same way as Payne regarding the more restrictive language. Freerks said that she feels the ordinance should be looked at as how it can best serve the community, and she does not see the possibility of potentially leaving homeowners homeless because losses incurred by fire or tornado require them to update to expensive floodplain standards as "spot -zoning" so much as over-reaching. She said she knows that she is in the minority with these sentiments, and acknowledged that sometimes you have to compromise to get the most good for the community. She said she just sees potential for hardship in some cases, and that continues to concern her. Freerks said she likes the variances for historic structures and the idea of having case by case reviews is a wise one. Payne said that flood forecasting is at best an approximation, and in the 2008 floods water sometimes rose four or eight feet higher than had been projected. She said that for people to spend so much money to elevate their homes and still to be flooded out would be terrible. She said she simply feels this is over-regulating. Busard noted that the intention was not to make it easy to build in the floodplain. Plahutnik said he agrees with Busard that the regulations serve as a disincentive to double the size a structure that it is in a floodplain. He said that at some point people will stop building and expanding in a flood hazard way if it becomes cost prohibitive. Freerks noted that 25% of 600 square feet is not a large structure, which would be the case for some of the homes that could be affected by these regulations. Plahutnik said that his concerns are for future owners, the ones who did not make the decision to expand the property but are left holding the bag when a flood occurs down the line. He said that it is not a question of if there will be another flood, but when, and zoning is aforward-looking activity. Payne said that nothing stops somebody from going above and beyond the requirements; she said that if the requirement was to elevate to one foot above the 100-year flood level, a homeowner could still build to one foot beyond the 500-year flood level. Busard said that it is the same people who would build to the minimum possible requirements that would then be the first to look for a FEMA buy-out in a flood event. Freerks said that was not necessarily the case. Weitzel said that this brings up an ancillary issue which is that if a whole home is elevated, rather than just an addition, there will be an insurance benefit to the homeowner. Weitzel said that the idea is to regulate to that place where it is fairly safe for homeowners but remains reasonable, as it is impossible to know the extent of the next big flood event. Weitzel said these changes allow continued use of properties in the floodplain with some caveats and restrictions. Weitzel said that if there is a fire or tornado at a smaller structure, such as Freerks was concerned with, the damage will very quickly become a total loss and the homeowner may wish to move at that point. Weitzel said these regulations might cause a homeowner to Planning and Zoning Commission September 2, 2010 -Formal Page 8 of 10 consider relocating over rebuilding in a floodplain, and that is not necessarily a bad thing to consider. Eastham said that he has tried to keep in his mind two overriding purposes in considering these floodplain regulations: 1) to provide a reasonable protection against personal injury and loss of life, and 2) to provide some way of reducing the amount of public expenditures that floods lead to. Eastham said that at an informal meeting there was some discussion about the amount of public money used to restore or buy out private homes in Iowa City as a result of the 2008 floods and that figure was above $15 million. Eastham noted that the total amount for the community was much, much greater than that. He said he also kept in mind the great uncertainty of predicting future flooding level; Eastham said that flood predictions have come back to haunt Iowa City in the past and he is certain they will again in the future. He said another aspect of this is that there is not a good mechanism to encourage people to assume the risk on their own and insure against future losses as opposed to the public having to step in when losses do occur. Eastham said that to him it makes sense to adopt a flood hazard elevation that is as high as can be supported and he thinks staff has done a very good job of doing that. He said that he also feels that reducing the number of residential structures in the floodplain is critical. While there is no mechanism for going back and undoing past zoning, the Commission can require elevation when individual property owners are expanding their structures or repairing them from losses. Eastham said that he finds the expectations placed on the property owners with these regulations to be reasonable and feasible. He said he supports the restrictive language and the variance for historic properties. Eastham said that the problem is not actually regulations, but the river, rainfall and nature. He said that in the case of commercial property owners there may be flood-proofing options that are more financially feasible for commercial property owners. Freerks said that unfortunately time will tell how well these regulations will work because flooding is going to happen in the future. She said she will vote in favor of it, but she is torn by some of the language in the ordinance and what is being asked of certain residents. She said that her concern is for people in the floodplain who may have small homes and low incomes, but she said these are concerns she is simply going to have to deal with. She said that staff has done an excellent job and has answered all of the Commission's questions, going above and beyond the call of duty. Freerks said she did see this as something that could be worked with in the future if it is found that some tweaks are needed. Eastham asked if any Commission member that wished to support less restrictive language would like to offer a motion so that their position was clear to the City Council. Freerks said that she feels the discussion has clearly indicated Commission member's positions, but she would not deny anyone the ability to make a motion if they so wished. Greenwood Hektoen said that the record is pretty clear at this point. A vote was taken and the motion carried 6-1 (Payne opposed; Koppes absent). CONSIDERATION OF MEETING MINUITES: AUGUST 16th AND AUGUST 19th 2010: Busard motioned to approve the minutes. A vote was taken and the motion carried 6-0 (Koppes absent). Payne noted that the Attendance Record for informal meetings still needed to have her and Plahutnik's terms updated. Planning and Zoning Commission September 2, 2010 -Formal Page 9 of 10 OTHER: Miklo thanked the Commission for their hard work on the floodplain regulations, saying that the ordinance was improved based on their input. He said staff appreciated their very thorough discussion of a very difficult project. Miklo noted that Plahutnik was scheduled to attend the next City Council meeting; however, he said he saw no reason for Plahutnik to attend as the only agenda item was the second reading of the Historic Preservation guidebook. ADJOURNMENT: Payne motioned to adjourn. Eastham seconded. The meeting was adjourned on a 6-0 vote (Koppes absent). Z O ~°~ 00 vw z~ Zwo pVo NZN DD Q~ za z Z a X X X ~ X X X X X X X X X X `n X X X X X X X o x x x x x o o x x x o x x ~ X X X X X X X X X X ~ X X X x x x x x x o M O X X X X X X ~ N x x x x x x x r N x x x x x x X r ~~ ~ ~ ~ ~ M ~ N ~ ln ~ lf~ ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u~ ~ ~n ~X 0 0 0 0 0 0 0 W W ~ w }~ m J a J 2 a Z Q ~ N 2 V Z a N = ~ O W C~ 1 ~ ~ ~ N Y ~ ~ Z H J ~ 2 ~ W W ~ w W a F- w a z = N H ~ v~ v~ w a >- a - w a z ~ m a w OC LL O Y a a ~ a ~ 0 z w w a O X X X X ~ X X X X X X X X X N X X X ~ X X ti ~ O X X X X x X ~ o x x x x x o ~ x x x x x x o X X ~ ~ X X M X X X X p X N ~w .- ~ M N ln ln M r r ~ ~- ~ r ~ r ~ ~- ~ r wa. ~X ~ o ~n o ~n o ~ o ~n o ~n 0 ~n 0 W W ~ W ~ J 2 = Z ~ ~ j N O V z a W = U Y g ~ O ~ Y N ~ IZ- J ~ _ ~ W W ~ N W a H W a Z 2 F- ~ v~ cn w a >- a - w a z ~ m a w ~ tL o Y a a ~ a ~ c~ z w w Q O Z E O ~~ O ~ Z ~ U p~ ~ X ~~a~i c ~ ~ ~~~~ca ~ Q Z o ~ Q n u Z n n w ~ n xOOz >- w Y 4b 6 YOUTH ADVISORY COMMISSION APPROVED SUNDAY, SEPTEMBER 5, 2010- 1:00 PM HARVART HALL, CITY HALL Members Present: Luan Heywood, Zach Wahls, Alexandra Tamerius, Jerry Gao, Matt Lincoln Members Absent: None Staff Present: Marian Karr, Ross Wilburn Others Present: None CALL TO ORDER: The meeting was called to order at 1:06 PM. Heywood chaired the meeting. MINUTES: Wahls motioned to approve the August 13 minutes. Tamerius seconded the motion. It was clarified that Wahls left the meeting for discussion of the grant so adjournment vote should reflect 4/0. The motion carried unanimously as amended, 5/0. UPDATE ON VACANCIES: The Commission has the Tate and an At-Large position open. Karr clarified that the new At-Large position must be advertised for 90 days if there is an unequal gender balance, however if the gender balance is not an issue, the position can be filled in 30 days. BUDGET UPDATE: The Commission has not used any funds. SUBCOMMITTEE REPORTS: The Commission discussed the Grant Programming Subcommittee. Wahls had mentioned a change he would like to see in the Youth Empowerment Grant application, that if an applicant is 18 or older that a sponsor would not be needed. Karr stated that a sponsor would be needed for an individual 18 years or older..Next, the Commission discussed whether to change the age limits for the applicants of the Youth Empowerment Grant. The current age limit was from 15-21. The Commission noted that they would like to see the limits be extended to reach the younger students in Iowa City, and the Commission discussed "youth" should be defined as an individual 18 years or younger. Wahls proposed a motion to change the application age limits for the Youth Empowerment Grant from the current ages 15 to 21, to 12 to 18, noting that those individuals who are 18 will still need a sponsor. Tamerius seconded the motion. The motion carried unanimously, 5/0. The Commission next discussed the Website and Advertising Subcommittee. Karr stated that the website will be updated to accommodate the changes made to the age limits of the Youth Empowerment Grant and deadline would be altered as well. YOUTH ADVISORY COMMISSION September 5, 2010 Page 2 of 4 The Commission discussed the Recognition Scholarship subcommittee report. Wahls mentioned that he would like the Recognition Scholarship to change "please mail" to "Attention: city clerk's office". Also the Commission changed the one $500 scholarship to two $250 scholarships. A transcript (# 3 under Application Process) was deleted. The Commission collaborated to create a new prompt for the essay about leadership. Wahls suggested a new question: • What is your definition of leadership? What has it meant in your life and how has it affected your decisions? Wahls stated that he would like to see the name of the Recognition Scholarship be changed to Youth Recognition Grant, recognizing the fact that the Commission would give students money to be spent to their liking, not intended for a specific purpose. Also the Youth Recognition Grant will be available to all Iowa City Community School District junior high students including Regina. Amendments: • Attention: City Clerk's office • Two $250 scholarships • Transcript is not needed • Recognition Scholarship is replaced by Youth Recognition Grant • Regina junior high students included with Iowa City Community School District junior high students for eligibility in the Recognition Grant Wahls motioned to approve the proposed amendments. Lincoln seconded the motion. Motion passed 4/1, Heywood opposing. SUDAY BUS SERVICE: Wilburn informed that Commission that the City Council discussed Sunday Bus Services and agreed to do a comprehensive study of the system. The study will be a looking at Iowa City's bus services including more frequent busing routes which they are hoping to accomplish by next fall. Wilburn also stated that the money people pay to ride the bus, does not cover the bus expenses. Some Council Members hope to investigate alternative systems for Sunday service delivery including a voucher system with local taxi companies for transportation services. CITY MANAGER INTERVIEW PROCESS: Karr mentioned that the City Council is interested in having a representative from each board or commission meet with the finalists for the City Manager position. The representatives would meet on Tuesday, September 28. Heywood will represent the Commission in the interview process, with Wahls as the alternate. YOUTH ADVISORY COMMISSION September 5, 2010 Page 3 of 4 CITY COUNCIL UPDATE: Wilburn stated that the City Council discussed Sunday Bus Service and stated a study would be done; and the city is interested in inviting the chairs of each board to interview and meet with the City Manager finalists. MEETING SCHEDULE: The Commission decided to set a date for the next meeting, Monday, October 3 at 4:00 PM. REVIEW OF GRANT APPLICATION FROM SUMMER OF SOLUTIONS Wahls abstained himself and left the meeting due to a conflict of interest. The Commission discussed the two Summer of Solutions applications. Tamerius sent an email to Margaret Kearney to summarize and clarify the budget of the project. Kearney responded with a list of costs and an update of the project. The Commission felt that budget and update were more concise and felt that the project fulfills the purpose of the Youth Empowerment Grant which is to empower youth in the community. The project facilitated positive youth involvement and betters the community as a whole; Summer of Solutions created a feasible budget and followed through with the project. Gao motioned to approve the first grant application for $250 and the second grant application for $500. Tamerius seconded the motion. The motion carried unanimously, 4/0, Wahls absent. Gao motioned to adjourn, seconded by Tamerius, to adjourn 2:29 PM. The motion passed unanimously, 4/0, Wahls absent. Minutes submitted by Lincoln. Z ~_ ~/~ Q V/ N ~ U OWa,o ~ V N fA Q W Q Z QW ~a O `~ x x x x x 6 r X X /~ /~ X i r ~ X X X X ~ ~ co ~ Z ~ Z ~ Z ~ Z M . to ~ Z ~ Z ~ Z ~ Z i i i N -~- X ~ X ~C O0 M X X X i i i i N ~ N X X X i i i i C ~ r ~ Z ~ Z ~ Z ~ ~ ~ i ~ i ~ i ~ a W ~'C F- W N ~ N ~ N .- N ~ N .- N .- N .- .-. ^ ~ ~ ~ a Z ~ ~ ~g 2 a a~ +~ O m c a m G L 0 d O 7 ? G1 C1 ~ ~ ~ G ~ d ++ +.' C ~ ~ N ~ ~ fA ~ aaaz°z° II II II II II >C ~ ~ Z ~ Y