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2012-12-13 Info Packet
� i. `�st `�� ®� CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org December 13, 2012 IP1 Council Tentative Meeting Schedule DECEMBER 18 WORK SESSION IP2 Work Session Agenda IP3 Pending Work Session Topics IP4 Memo from the City Clerk: KXIC Radio Show IP5 Email from Ashley Wahlert, Iowa Valley Habitat for Humanity: Fourth Avenue Open House Invite IP6 Civil Service Entrance Examination — Maintenance Worker I - Refuse MISCELLANEOUS IP7 Email to Mayor Hayek from PJ Andrews, Corporation for National & Community Service: 2012 Local Volunteering in America data IP8 Information from the City Manager: Who is CFRG&T and what are we trying to accomplish? IP9 Article from the City Manager: A Town Packed With Classrooms IP10 Article from the City Manager: As Companies Seek Tax Deals, Government Pay High Price IP11 Article from the City Manager: Lines Blur as Texas Gives Industries a Bonanza IP12 Article from the City Manager: Michigan Town Woos Hollywood, but ends Up With a Bit Part IP13 Annual Report of Boards, Commissions, and Committees —Fiscal Year 2012 -13 DRAFT MINUTES IP14 Airport Commission: November 15 I1315 Board of Adjustment: November 14 IP16 Historic Preservation Commission: November 8 IP17 Police Citizens Review Board: December 11 IP18 Senior Center Commission: November 15 � r 1 IP1 City Council Tentative Meeting Schedule �l r►At December 13, 2012 CITY OF IOWA CITY Subject to change Date Time Meeting Location !�y'hr�� t'—�a" 'r41� Ili @6i br' a �'kil l�iI i �" %— s i,+ �t IN Ill iOIIhIiI £ -"IB n �i a o y u iXU, _;_c I� Nwrl �i z Ua, ° �� li7GFXA� a ria�l F " .. rcFL �9G m Tuesday, December 18, 2012 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, December 18, 2012 7:OOPM Regular Formal Meeting Emma J. Harvat Hall Saturday, January 5, 2013 8:OOA -5:OOP Work Session Meeting - BUDGET Emma J. Harvat Hall Monday, January 7, 2013 1:00- 5:OO13M Work Session Meeting - BUDGET- CIP Emma J. Harvat Hall Tuesday, January 8, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, January 8, 2013 7:00 PM Special Formal Meeting Emma J. Harvat Hall Tuesday, January 22, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, January 22, 2013 7:00 PM Special Formal Meeting Emma J. Harvat Hall Monday, January 28, 2013 5:00 PM Work Session Meeting - BUDGET Emma J. Harvat Hall 7 ;�: Tuesday, February 5, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, February 5, 2013 6:00 PM City Conference Board Meeting Emma J. Harvat Hall Tuesday, February 5, 2013 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, February 19, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, February 19, 2013 7:00 PM Formal Meeting Emma J. Harvat Hall ,g• Iiliil lll��i"' ' �' �r�ll` §us � ' ; 'AAR ;. , Tuesday, March 5, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, March 5, 2013 6:00 PM City Conference Board Meeting Emma J. Harvat Hall Tuesday, March 5, 2013 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, March 19, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, March 19, 2013 7:00 PM Formal Meeting Emma J. Harvat Hall 1 � i `^ *� I P2 �- '�►iii�®�vi1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240 -1826 (3 19) 356 -5000 (3 19) 356 -5009 FAX www.lcgov.org City Council Work Session Agenda December 18, 2012 5:00 PM Emma J. Harvat Hall - City Hall 410 E. Washington Street • Questions from Council re Agenda Items • Discuss the College / Gilbert development proposals National Development Council presentation on gap financing evaluation methods [# 13] • Information Packet Discussion [December 6, 13] • Council Time ■ Pending Work Session Topics [IP # 3] ■ Meeting Schedule ■ Upcoming Community Events /Council Invitations IP3 1 I 1 qua a CITY OF IOWA CITY PENDING CITY COUNCIL WORK SESSION TOPICS December 12, 2012 January 8th, 2012 1. Discuss concept of a community business attraction and anti - piracy compact Pending Topics to be Scheduled 1. Continue the discussion on the sale or dispersion of public housing units 2. Discuss potential procedures and /or policies related to requests for habitable private spaces constructed over public right -of -way 3. Presentation on local homeless services 4. Discussion pertaining to noise concerns voiced by residents of Ecumenical Towers 5. Presentation on Gateway project design options (February or March 2013) r_ CITY OF IOWA CITY I P4 MEMORANDUM Date: December 11, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show KXIC offers a City show at 9:00 AM every Wednesday morning. In the past Council has volunteered for dates, and staff filled in as necessary. Please take a look at your calendars and come prepared to help fill in the schedule at your work session on December 18: December 19 - Payne December 26 — NO ONE AVAILABLE January 2 - Mims January 9 January 16 January 23 January 30 - Dobyns February 6 Future commitments: March 20 — Dobyns U: radioshowasking.doc Marian Karr From: Ashley Wahlert <ash ley@iowaval leyhabitat. org> Sent: Tuesday, December 11, 2012 2:13 PM Cc: Mark Patton Subject: Fourth Ave. Open House Invite Good afternoon, IP5 Iowa Valley Habitat for Humanity would like to extend the invitation to our open house at 316 Fourth Ave from 3 :30 - 4 :30 on Tuesday, December 18th. The house is near completion, and the dedication ceremony is set for the same day at 5:30 p.m. While you are more than welcome to attend the dedication, we chose to open the house beforehand so that our supporters can preview the finished product if they wish. Come and go as you please, and be sure pass this along to specific members and participants of this project. Thank you for all of your support, Ashley Wahlert Volunteer Coordinator Iowa Valley Habitat for Humanity Phone: 319.337.8949 FAX: 319.354.3527 ashleyPiowavalleyhabitat.org www.iowavallgyhabitat.org Follow Iowa Valley Habitat: EPLFacebook IRLTwitter From:Ul HR EMPLOYMENT SERVICES 13193350202 12/10/2012 10:54 #026 P.002/002 I 1 IP6 amp CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -S000 (319) 356 -5009 FAX www.icgov.org December 10, 20121" TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — MAINTENANCE WORKER I - REFUSE Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I - Refuse. Josh Adam IOWA CITY CIVIL SERVICE COMMISSION Lyra W. Dickerson, Chair IP7 Marian Karr From: Tom Markus Sent: Wednesday, December 12, 2012 12:15 PM To: Marian Karr Cc: Geoff Fruin; Shannon McMahon; Matthew J. Hayek (mhayek @hhbmlaw.com) Subject: FW: 2012 Local Volunteering in America data for Mayor Hayek Attachments: Hayek.pdf; VCLA 2012 Facebook Badge.jpg; VCLA 2012 Sample Social Media Messages.docx; VCLA 2012 Sample Press Release - City.docx From: Andrews, PJ [mailto:PAndrews @cns.gov] Sent: Wednesday, December 12, 2012 10:59 AM To: Matt Hayek Subject: 2012 Local Volunteering in America data for Mayor Hayek Please find attached a letter from Wendy Spencer, CEO of the Corporation for National and Community Service (CNCS), to Mayor Hayek sharing strong volunteering rates for Iowa City, IA in our 2012 Volunteering and Civic Life in America report. This annual report offers a national look at volunteer rates and rankings, civic engagement trends, and analysis. For details and more information on the 2012 VCLA findings in your city and /or state, you can visit http://www.volunteerin-ginamerica.gov/. Press Materials: Attached you will also find a sample press release, tweet, and Facebook post so that you can promote this good news widely. Do not hesitate to contact me with questions or comments at 202 - 606 -6613 or pandrews(a)-cns.gov. Thank you, PJ Andrews Government Relations Program and Outreach Specialist Corporation for National & Community Service pandrews ancns.gov 202 - 606 -6613 www.NationalService.gov NATIONAL COMMUNITY SERVICEC December 12, 2012 The Honorable Matt Hayek 14 Heather Drive Iowa City, Iowa 52245 Dear Mayor Hayek: 1201 New Yak Avenue, NW Washitt", DC 20525 202-606 -5000 Monaft*9.9ov The Corporation for National and Community Service (CNCS) is pleased to announce that Iowa City, IA ranks 3rd among the 75 mid -sized cities in the country for its volunteer rate of 49.1 percent. Our 2012 Volunteering and Civic Life in America (VCLA) research shows that residents of Iowa City have made it a priority to invest their time in addressing their community's challenges. New data collected by CNCS, in partnership with the National Conference on Citizenship, shows that Americans are tackling tough problems head -on by volunteering in their communities. This year's report shows that: • The volunteer rate reached its highest level nationally in five years. • 64.3 million Americans (26.8 percent) volunteered in an organization, an increase of 1.5 million (0.5 percent) from the previous year. • Americans volunteered with an organization approximately 7.9 billion hours, a value of $171 billion. • Two out of three citizens (143.7 million or 65.1 percent) served their communities by doing favors for and helping out their neighbors. Our research shows that committed Americans of all ages are contributing their ideas, talents, and time to their communities. Volunteers are raising funds; collecting, preparing, distributing and serving food; providing transportation; tutoring or teaching; and offering general support to organizations. And while organizations across the country struggle to provide more services with fewer resources, volunteers help fill the gap. Among all volunteer subsets, parents between the ages of 26 and 50 with school -aged children volunteer the most. The nationwide parent volunteering rate was 33.7 percent. That is 22.7 million parents volunteering approximately 2.5 billion hours of time worth $54 billion. Over 40% of these parents volunteer at schools or other youth service organizations, making schools a hub for volunteering and civic activity. Through the AmeriCorps and Senior Corps programs, CNCS supports these parents in making a difference in schools at all grade levels. Our members tutor, mentor, counsel, and educate more than three million disadvantaged youth, helping our most vulnerable students learn, engage, and achieve from cradle to career. Volunteers are an indispensable anchor of every community's infrastructure. At a time of social and economic challenges, service is a critical and cost - effective approach that engages citizens in solving problems in their communities. I congratulate you and your constituents on their commitment to service. To see the full VCLA Report, visit www.volunteeringinamerica.gov. I welcome the opportunity to discuss national service with you, so please do not hesitate to contact me or Kimberly Allman, Acting Director of Government Relations, at (202) 606 -6707. Warmest regards, Y Wendy Spencer Chief Executive Officer DISASTER SERVICES I ECONOMIC OPPORTUNITY I EDUCATION I ENVIRONMENTAL STEWARDSHIP I HEALTHY FUTURES I VETERANS AND MILITARY FAMILIES AMERICORPS I SENIOR CORPS 1 SOCIAL INNOVATION FUND NATIONAL& COMMUNITY SERVICE= Volunteering and Civic Life in America Iowa City, IA ➢ Volunteer rank: 3rd ➢ Volunteer rate: 49.1% ➢ Volunteer Hours per resident: 57.6 Where People Volunteer: Iowa City, IA • civic 1% 4% A& Its ■Educational • Health ■Religious • Social Services • Sports /Arts is Other VOLUNTEERING AND CIVIC LIFE IN AMERICA Sample Facebook and Twitter Messages FACEBOOK • We are so proud of [STATE /CITY NAME]'s standing in the [TAG: Corporation for National and Community Service]'s annual Volunteering and Civic Life in America report. Keep up the good work. Find a volunteer opportunity at [TAG] Serve.gov. http: / /go.usa.gov /gNSY • [STATE /CITY] jumped [X] spots on in [TAG: Corporation for National and Community Service]'s annual Volunteering and Civic Life in America report. Congrats to all the volunteers who made this possible! hgp:Hgo.usa.gov /gNSY • [STATE /CITY] ranked #[RANK] in the nation for volunteers, serving [NUMBER] million hours! Learn more from [TAG: Corporation for National and Community Service] hft:Hgo.usa.gov/gN • According to @nationalservice's #VCLA, #Volunteers in [STATE INITIALS] served [NUMBER] million hours. Want to get involved? Visit @ServeDotGov. http://eo.usa.gov /gNSY • #VCLA ranks [STATE or CITY] as [RANK] in the nation for #volunteers in @nationalservice's #VCLA. Get involved by visiting @servedotgov. http: / /go.usa.gov /gNSY • Congrats [STATE] #volunteers for serving [NUMBER] million hours! How did we compare nationwide? Find out at hgp:Hgo.usa.gov /gNSY #VCLA • [NUMBER OF VOLUNTEERS] #volunteers served in [CITY] according to @ nationalservice's #VCLA. How did we compare nationwide? http:Hgo.usa.gov /gNSY zi LJ 0 an m 0 0 i f qp i FOR IMMEDIATE RELEASE [Date] CONTACT: [Contact Person] [Contact Information] Volunteers in [City] Provide Vital Civic Support As Volunteering Among Americans Hits Five -Year High Washington, DC — Volunteers in [City] demonstrated their commitment to improving their communities in a variety of ways last year and earned the #[XX] ranking among top metropolitan areas, according to the Volunteering and Civic Life in America (UCLA) report released today. More than [X.X] [million/thousand] [City] volunteers served [almost/more than] [X] [million/billion] total hours, which is valued at [ almost/more than] $[X] [million/billion]. "Involved citizens do so much to make our communities stronger," said Mayor [Name] of [City]. "People here in [City] take pride in helping their neighbors and dedicating their time to address critical issues. Our residents are committed to strengthening our state and our nation through service to others." The VCLA data is part of the most comprehensive study of volunteering and civic engagement across the country. The annual report is issued by the Corporation for National and Community Service (CNCS) as part of its efforts to expand the reach and impact of America's volunteers, in partnership with the National Council on Citizenship, the U.S. Census Bureau, and the Bureau for Labor Statistics. The report shows the national volunteer rate reaching its highest level since 2006. More than 64 million Americans — or roughly one in four adults — volunteered approximately 8 billion hours, valued at $171 billion. In addition, two out of three citizens nationally (65.1% or almost 144 million citizens) engaged in informal volunteering by doing favors for and helping out their neighbors, an increase of 9.5 percentage points from last year. "Volunteering and civic engagement are the cornerstone of a strong nation," said Wendy Spencer, CEO of CNCS, the agency that administers AmeriCorps and Senior Corps and leads the federal effort on volunteering. "We have a prime example of the importance of people working together in the Northeast, where volunteers have really stepped up to support recovery and relief efforts from Hurricane Sandy. People working together and talking to each other help solve problems and make their communities better places to live and work." The report also ranks all 50 states and the nation's largest cities and metropolitan areas for their volunteering and civic engagement rates. It has become a useful tool for elected officials, civic leaders, and nonprofit executives who recognize the economic impact of an engaged community. These officials and leaders also use the report as a tool to develop strategies to mobilize more Americans in service to address local needs and problems. The complete report can be accessed at VolunteeringInAmerica.gov. Volunteers can contribute as little or as much as their time allows —their ideas and talents are important to strengthening our communities and the nation. To learn how you can volunteer in your community, visit Serve.sov. About the VCLA Report The Volunteering and Civic Life In America report is a joint effort of the Corporation for National and Community Service, the National Conference on Citizenship, the U.S. Census Bureau, and the Bureau for Labor Statistics to collect volunteering data annually through the Current Population Survey (CPS). The CPS is a monthly survey of about 60,000 households, (approximately 100,000 adults) conducted by the U.S. Census Bureau for the Bureau of Labor Statistics. Selected supplements collect data on the volunteering and civic activities of Americans age 16 and older for volunteering and 18 and older for the civic supplement. Volunteers are considered individuals who performed unpaid volunteer activities through or for an organization. The report includes information for all 50 states, Washington, D.C., more than 50 major metropolitan areas, and more than 140 other cities. For more information, visit V olunteeringbAmerica. gov. About CNCS The Corporation for National and Community Service is the federal agency that engages more than four million Americans in service through its Senior Corps and AmeriCorps programs. It also leads President Obama's national call to service initiative, United We Serve. For more information, please visit NationalService.eov. From the City Manager IP8 www.ResponsibleGrowth.net Who as CFRG &T and what are we trying t© accomplish' Citizens for Responsible Growth and Taxation (CFRG &T) is a group of citizens from Coralville, Iowa City, North Liberty, and elsewhere in Johnson County. CFRG &T members include residents, business people, and developers who are interested in open and responsive government. The members of the group are proud to live in Johnson County and they are working hard to assure the financial health of the cities. — Mission Statement- CRFG &T is focused on accomplishing the following goals • Establish a time -table and fair process for divestiture of all municipal properties that are not part of the normal functioning of city government (i.e., get government out of the brick and mortar business) • Work toward comprehensive property tax relief involving responsible use of Tax Increment Financing (TIF) and ending municipal abuse of the TIF program. • Assure transparency in all municipal processes and transactions, including an open and legitimate review and approval process for incentive programs (e.g. establish guidelines, justification, and appropriate vetting for no -bid contracts.) • Educate the public on all related issues. • Assure transparency in all municipal processes and transactions, including an open and legitimate review and approval process for incentive programs (e.g. establish guidelines, justification, and appropriate vetting for no -bid contracts.) • Educate the public on all related issues. City -owned Marriott Hotel -The City of Coralville borrowed $46.7 Million to build the Marriott hotel' -Total cost was $66 Million; the additional $20 Million came from you, the taxpayers' - MarrioWs current assessed value is $20 million, a $46 Million loss' -Since opening, The Marriott has operated at a loss every year:' 2007 $4.0 Million Loss 2008 $3.7 Million Loss 2009 $3.3 Million Loss 2010 $3.5 Million Loss 2011 $3.7 Million Loss -You, the taxpayers, have lost over $38 million since the Marriott opened - Annual sales need exceed $26 million to break even. Highest sales were In 2009 at $14.2 million. 12m7 OW a<urWe* Audk 11anson munry Rv es w. [,'ay M ComMM AWIt xm7, ioo9, 2M. ]o A 2MI Moody's Credit Rating Downgrade 'Two Items worry me: (a) the aggregate debt levels; and (b) that the City Council would have to come to know that the City was subsidizing the retail development over time, that the retail development does not stand on Its Own' Emallfrom ❑m O.ld,Piper JaHmy&C to KellyH y oM,ComMile Clty Admints Wr, 5/3/10 -April 10, 2012 Moody's Issued Coralville a multi -notch downgrade from Aa2 to A3 and revises outlook to negative' -April 17, 2012 Moody's Issued Coralville downgrades to the TIF bonds' - October 12, 2012 Moods Issued Coralville downgrades to sewer bonds[ - November 8, 2012 Moody's assigns Baal rating to Urban Renewal bonds and confirms negative outlook' What does this mean? This rate is equivalent to your personal credit rating. The lower the score, the higher Interest rate on debt 'rmodysma.mm smw, anaa emit Roaa,m 4AD/ :`07112; r1NJMaS1/A71x �'I Backpocket Brewer t �. . -The City of Coralville (YOU) financed $5.5 Mpll6ifiAtinstruct Backpocket Brewery.° - Backpocket Brewery leases the building from the City at a staggering rate of $500,000 per year.4 -The City Is required to reimburse Backpocket Brewery for 50% of the construction of installing a fermenting system.° -The City (YOU) Is required to reimburse Backpocket for 50% of the monthly transportation and material waste disposal.° -The City (YOU) is required to reimburse Backpocket up to $65,000 of the cost of Installing a reverse osmosis Ionization water unit and vapor condenser system.° -The City (YOU) is required to reimburse Backpocket up to $130,000 toward the cost of building upgrades.° -The City (YOU) will contribute $30,000 towards the cost of installing road access! - Backpocket will need to generate over $4.8 million In annual sales to achieve the Industry standard 10% occupancy cost.' %—W Lam .. citydrunlWla 61.d]OroVu k > � 40 I,,Jpilil( Oliver McMillan "Master Developer" - Coralville is paying Oliver McMillan's $3.4 Million to oversee Iowa River Landing Development Plus 6% of the total project costs of the Infrastructure Plus 8% of the total projects costs of Infrastructure for UIHC Including the parking structure Plus $150,000 plus 50% of proceeds from the retail component Plus any other miscellaneous Items of reimbursements -It is estimated that the City of Coralville (YOU) will pay Oliver McMillan in excess of $4 Million. - Oliver McMillan has no financial liability and assumes none of the risk. °Master De IapmenLMeemem UWrvr illaj MC nd City WLbnlMlle 9 /1st _M The Glen Town Center - Developed by Oliver McMillan, opened in 2003, Glenview, IL -City of Coralville modeled Iowa River Landing after Glen Town Center -Glen Town Center Is 92% leased, anchored by Von Maur, theater, retail, hotels and restaurants -Glen Town Centers market average household Income is $109,510,... Coralville's average household income is $53,90910 -Glen Town Center population within a 5 mile radius is 276,334'... Iowa River landing's population within a 5 mile radius is 82,920" Oliver McMillan is in a $55 million foreclosure on The Glen Town Center" -When Coralville hired Oliver McMillan as developer of Iowa River Landing in 2010, Oliver McMillan had not made a loan payment on the Glen Town Center In over a year." .....eMmem4nugrewbpmeywkam Ly Msaaw.1 a miss Aaaen4mpx,, -1°W+p hat lama aryelnryE I ] 1+f t' %14N11't yI11, "I Von Maur -The City of Coralville (YOU) will incentivize Von Maur an estimated $16 Million to have a store at Iowa River Landing16 -The City of Coralville (YOU) is assuming the risk that Is typically assumed by the retailer -The City of Coralville Is subsidizing a private corporation to compete against local businesses -.6., Retail Nea DevelonarlA,.nm..0Pnr MC 11.,.rd Tn ciryof Mille M.Al 0, h Moog,w)w -1so J What is the Mall /Hwy 6 TIF in Coralville costing our schools? -$5 Million per year is diverted from Iowa Gty Area Schools1° -Of the $5 Million diverted, $2.8 Million is recovered through Increased residential property taxes18 -The Coralville TIF will have diverted over $100 Million from schools over the life of the TIF. Coincidently, The Iowa City Community School District School Board Is proposing a voter ballot item that would allow the district to borrow up to $100 million for construction and remodeling projects'= refas 1—mant planning; A case flatly of lab —Guns,, The Iowa Pasq Proler52012 rrD W kt plan ails fa hoary I. for new sdo W, Iwo ot, press o W es, ]yV 12 %r(h��lL Progress at what Price? -28% of your property taxes are going to pay Interest on debt" (this is while Interest rates are at historic lowsl) -Des Moines debt per person is $1,416._ Coralville's is 14751118 This Is 10 times higher than Des Moines' and the highest in the State of Iowa. -$2.6 million per year for 20 years Is diverted from Johnson County to the Coralvllle TIF19 (This would fund anew jail without a bond) -If you would have been given the opportunity to vote, would you have voted "Yes" to raise your taxes to spend $300 million for the Iowa River Landing Development? °201IIRy ofD aWIlk Asdkrbuhanflnr 0b11gas -N.Pe2 va le a Iowa Tmo=an, 2012:'7n mar e.ensrilv,dil:A Use swat al ip`s n caunty.The law, pals, ".I., M22 „ r j i ili!�.I What can 1 do? 1. Contact the Coralville City Council Members • Increase public scrutiny • Ask forjustification of projects, especially non - essential government projects • Bequest the debt payback plan 2. Vote for responsible government in the 2013 City Council Election 3. Get involved in Citizens for Responsible Growth & Taxation www.responsiblegrowth.net t_i.x i t� -JD' r” ;;wfj111 }'j Coralville Mayor & City Council 15127 th St., Coralville, IA 52241 Name Title Email Phone Fausett Jim Mayor jfausett @ci.caralville.ia.us 319.351.6338 Dodds, Jill Council Member Jdodds @ci.coralville.ia.us 319.351.2396 GIIITom Council Member tgill @cl.coralville.ia.us 319.351.4571 Gross, Mitch Council Member mgross@ci.coralville.1a.us 319.354.3179 Hoeft, Bill Council Member bhoeft@ci.coralville.la.us 319.471.0144 Lundell, John Council Member/ jlundell @c1.coralville.ia.us 319.351.1125 Mayor Pro -Tem G�;�IZE�N�S RESy��st��� �gprl�Ff Membership Signup Information Name � - - -- Mailing address City State ZIP Code Telephone (home) Telephone (business) Fax E -Mail Financial Support Information I (we) pledge a total of (circle one) A. $25, B. $50, C. $100, D. $200, E. Other To be paid: A. Today B. Monthly C. Quarterly D. Yearly I (we) plan to make this contribution in the form of: A. Cash B. Check C. Credit card via PayPal at www.responsiblecirowth.net Please make checks, payable to: CFRG &T 52 Sturgis Comer Drive Iowa City, Iowa 52246 I (we) wish to have our gift remain anonymous. Signature(s) Date Donations will be used to su000rt the following activities (mav be subiect to chanoe): • Hosting public informational meetings and creating public educational materials • Accounting and legal expenses associated with efforts to obtain and review public city information • Political representation at the Iowa state level • Advocating Coralville City Council reform Best Places to Retire: Ann Arbor, Mich. - WSJ.com Page 1 of 3 IP9 .This portion of the requested page has been blocked Click here for details. Dow Jones Repents: This copy is for your personal, noncommerdal use only. To order presentation -ready copies for distribut on to your colleagues, dients or customers, use me Order Reprints tool at the bottom of any aside or dsit ~y djieprints.wm See a sample reprint in PDF format Order a reprint of this artide raw THWAM xOMAL wsf Win, December 6, 2012,11:08 a.m. ET DESTINATIONS A Town Packed With Classrooms With a host of top learning programs, Ann Arbor, Mich., is a magnet for the 50-plus crowd By JULIE HALPERT Jean and Flip Connell fell for each other while attending the University of Michigan in Ann Arbor in the late 1940s. As it turns out, they fell for the town, as well. Fifteen years ago —after careers in the nonprofit world (hers) and marketing (his), and after watching their two daughters attend the university —the Connells settled in Ann Arbor. Coming in Monday's Journal Next: The New Retirement Why downsizing your home is no panacea Health Matters: A new stroke strategy Ask Next: Heading off gift C.J. Burton taxes Today, they often take in productions of the school's musical theater program, attend football and basketball games, and hear lectures from visiting dignitaries, including the president of the Czech Republic, Vaclav Klaus. The Connells also are facilitators for a lifelong - learning program for individuals age 50-plus. In the past year they discussed Middle East realignment, cybersecurity and energy geopolitics, among other topics. "We feel fortunate to be part of this fabulous college community," says Jean Connell, age 83. That sentiment is heard frequently among the area's retiree population. Take one of the country's top public universities, add an eco- friendly environment (with 24 miles of on -road bike lanes and 6o miles of park bicycle paths), a vibrant arts community and a leading medical facility (the University of Michigan Hospitals and Health Centers), and it's little wonder that Ann Arbor is attracting transplants like the Connells. Focus on Learning Situated in southeastern Michigan, Ann Arbor takes its name from the abundance of trees in the area. The city, the sixth- largest in the state, is compact and easy to navigate— except during University of Michigan home football games. Like all cities, Ann Arbor has some downsides. Real - estate prices and property taxes tend to be high. Major department stores are in short supply (though downtown http: / /online.wsj.com/article /SB 10001424052970204707104578094620665009066 .html ?... 12/7/2012 Best Places to Retire: Ann Arbor, Mich. - WSJ.com Page 2 of 3 features a good number of small shops). And winters are harsh; gusty winds, in particular, make heading outdoors a challenge. On the bright side, the city has "no floods, hurricanes or earthquakes," says Wendy Mead, 6o, who moved to Ann Arbor with her husband in 2000 and writes a blog titled "Retired in Ann Arbor." (She solves the weather problem by spending winters in warmer climes such as New Zealand.) Ann Arbor Area CVB Ms. Mead and her husband regularly take an 11 -mile bike ride along a path from Ann Arbor to nearby Ypsilanti, which is often deserted on weekdays. They also canoe on the Huron River and take walks in the picturesque Nichols Arboretum and Gallup Park. The city's learning programs are a big attraction. The Osher Lifelong Learning Institute at the University of Michigan has 120 study groups that focus on topics such as philosophy, history, social science and the performing arts. Instructors are volunteers; many are retired or current professors at the university. About 900 people age 50-plus take classes each year, paying $20 for a membership and $40 for a 15 -week class. A similar program, called Elderwise, has attracted about 300 students. The 50 classes this fall included "How the Supreme Court Changed America" and "Ancient Greek and Roman Theater." Membership is $3o, and each course is $5. Residents also flock to the city's many artistic events. The University of Michigan's School of Music, Theater and Dance puts on to staged performances a year and hosts about Soo free events, including concerts by students, faculty or guests. Similarly, downtown is the stage for the city's major attraction: the Ann Arbor Art Fairs, which take place every July. Many downtown streets are open only to pedestrians over a span of four days when artists from four separate art fairs display their wares. The event routinely attracts 500,000 visitors. The Tax Debate Voters usually support eco- friendly initiatives in this town, which leans liberal. The mayor, John Hieftje, in office since 2000, is a Democrat, as are all the members of the City Council except one, Jane Lumm, who is an independent. Ms. Lumm says her colleagues tend to show less fiscal restraint when it comes to the "more sexy, discretionary initiatives" but are reluctant to approve spending for basic city services. Last month, voters defeated two millage requests. The first would have funded a major library reconstruction; the second, backed by most council members, would have supported public art in the city. Christopher Taylor, a council member and Democrat, had said before the election that the art and library spending would make the city even more attractive to visitors and would -be transplants, far outweighing "the modest marginal costs to the individual taxpayer." http: / /online.wsj.com/article /SB 10001424052970204707104578094620665009066 .html ?... 12/7/2012 Best Places to Retire: Ann Arbor, Mich. - WSJ.com Page 3 of 3 Ms. Lumm, however, had said, "I do believe there's a growing sentiment among some residents that Ann Arbor is becoming increasingly unaffordable as a result of the high and escalating tax and fee burden." Kate Kelly, 71, who retired to Ann Arbor four years ago from Portland, Ore., says she prizes the city's "progressive- minded population" and the ability to walk to nearby cultural events. (She's also a fan of organic food; a boisterous farmers market in Ann Arbor's Kerrytown district is one of the outlets providing ample supplies of locally grown fare.) But she's less enthusiastic about housing prices and high property taxes, which could strain her budget. Janice Stickney, 71, paid almost $6,00o in property taxes in 2011 for the condo she purchased downtown in 2008. That figure, she says, might have dissuaded her from settling in the city —had she not moved from New Jersey, where taxes for the same property would have been closer to $8,000 or $9,000. In the end, she says, the taxes —as well as the brisk winters —are a small price to pay for living in an otherwise ideal setting. "There are so many different types of things to do," Ms. Stickney says. "You have an opportunity to find a niche." Ms. Halpert, a writer in Ann Arbor, can be reached at next(@wsj.com. Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non - commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non - personal use or to order multiple copies, please contact Dow Jones Reprints at 1- 800 - 843 -0008 or visit www.djreprints.com http: / /online.wsj.com/article /SB 10001424052970204707104578094620665009066 .html ?... 12/7/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 1 of 14 EjtXtw Hark Mints I P10 December 1, 2012 As Companies Seek Tax Deals, Governments Pay High Price By LOUISE STORY In the end, the money that towns across America gave General Motors did not matter. When the automaker released a list of factories it was closing during bankruptcy three years ago, communities that had considered themselves G.M.'s business partners were among the targets. For years, mayors and governors anxious about local jobs had agreed to G.M.'s demands for cash rewards, free buildings, worker training and lucrative tax breaks. As late as 2007, the company was telling local officials that these sorts of incentives would "further G.M.'s strong relationship" with them and be a "win /win situation," according to town council notes from one Michigan community. Yet at least 50 properties on the 2009 liquidation list were in towns and states that had awarded incentives, adding up to billions in taxpayer dollars, according to data compiled by The New York Times. Some officials, desperate to keep G.M., offered more. Ohio was proposing a $56 million deal to save its Moraine plant, and Wisconsin, fighting for its Janesville factory, offered $153 million. But their overtures were to no avail. G.M. walked away and, thanks to a federal bailout, is once again profitable. The towns have not been so fortunate, having spent scarce funds in exchange for thousands of jobs that no longer exist. One township, Ypsilanti, Mich., is suing over the automaker's departure. "You can't just make these promises and throw them around like they're spare change in the drawer," said Doug Winters, the township's attorney. Yet across the country, companies have been doing just that. And the giveaways are adding up to a gigantic bill for taxpayers. A Times investigation has examined and tallied thousands of local incentives granted nationwide and has found that states, counties and cities are giving up more than $8o billion http: / /www.nytimes.coml20l 2l12 /02 /us/ how - local- taxpayers - bankroll- corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 2 of 14 each year to companies. The beneficiaries come from virtually every corner of the corporate world, encompassing oil and coal conglomerates, technology and entertainment companies, banks and big -box retail chains. The cost of the awards is certainly far higher. A full accounting, The Times discovered, is not possible because the incentives are granted by thousands of government agencies and officials, and many do not know the value of all their awards. Nor do they know if the money was worth it because they rarely track how many jobs are created. Even where officials do track incentives, they acknowledge that it is impossible to know whether the jobs would have been created without the aid. "How can you even talk about rationalizing what you're doing when you don't even know what you're doing ?" said Timothy J. Bartik, a senior economist at the W.E. Upjohn Institute for Employment Research in Kalamazoo, Mich. The Times analyzed more than 150,00o awards and created a searchable database of incentive spending. The survey was supplemented by interviews with more than loo officials in government and business organizations as well as corporate executives and consultants. A portrait arises of mayors and governors who are desperate to create jobs, outmatched by multinational corporations and short on tools to fact -check what companies tell them. Many of the officials said they feared that companies would move jobs overseas if they did not get subsidies in the United States. Over the years, corporations have increasingly exploited that fear, creating a high- stakes bazaar where they pit local officials against one another to get the most lucrative packages. States compete with other states, cities compete with surrounding suburbs, and even small towns have entered the race with the goal of defeating their neighbors. While some jobs have certainly migrated overseas, many companies receiving incentives were not considering leaving the country, according to interviews and incentive data. Despite their scale, state and local incentives have barely been part of the national debate on the economic crisis. The budget negotiations under way in Washington have not addressed whether the incentives are worth the cost, even though 20 percent of state and local budgets come from federal spending. Lawmakers in Washington are battling over possible increases in personal taxes, while both parties have said that lower federal taxes on corporations are needed for the country to compete globally. http: / /www.nytimes.com/ 2012/ 12 /02 /uslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 3 of 14 The Times analysis shows that Texas awards more incentives, over $19 billion a year, than any other state. Alaska, West Virginia and Nebraska give up the most per resident. For many communities, the payouts add up to a substantial chunk of their overall spending, the analysis found. Oklahoma and West Virginia give up amounts equal to about one -third of their budgets, and Maine allocates nearly a fifth. In a few states, the cost of incentives is not significant. But several of them have low business taxes — or none at all — which can save companies even more money than tax credits. Far and away the most incentive money is spent on manufacturing, about $25.5 billion a year, followed by agriculture. The oil, gas and mining industries come in third, and the film business fourth. Technology is not far behind, as companies like Twitter and Facebook increasingly seek tax breaks and many localities bet on the industry's long -term viability. Those hopes were once more focused on automakers, which for decades have pushed cities and states to set up incentive programs, blazing a trail that companies of all sorts followed. Even today, G.M. is the top beneficiary, public records indicate. It received at least $1.7 billion in local incentives in the last five years, followed closely by Ford and Chrysler. A spokesman for General Motors said that almost every major employer applied for incentives because they help keep companies competitive and retain or create jobs. "There are many reasons why so many Ford, Chrysler and G.M. plants closed over the last few decades," said the G.M. spokesman, James Cain. "But these factors don't mean that the companies and communities didn't benefit while the plants were open, which was often for generations." Mr. Cain cited research showing that the company received less money per job than foreign automakers operating in the United States. Questioned about incentives, officials at dozens of other large corporations said they owed it to shareholders to maximize profits. Many emphasized that they employ thousands of Americans who pay taxes and spend money in the local economy. For government officials like Bobby Hitt of South Carolina, the incentives are a good investment that will raise tax revenues in the long run. "I don't see it as giving up anything," said Mr. Hitt, who worked at BMW in the 199os and. helped it win $130 million from South Carolina. http: / /www.nytimes.coml2fl 12 /12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 4 of 14 Today, Mr. Hitt is the state's secretary of commerce. South Carolina recently took on a $218 million debt to assist Boeing's expansion there and offered the company tax breaks for 10 years. Mr. Hitt, like most political officials, has a short-term mandate. It will take years to see whether the state's bet on Boeing bears fruit. In Michigan, Gov. Rick Snyder, a Republican in his first term, has been working to eliminate most business tax credits but is bound by past awards. The state gave General Motors $779 million in credits in 2009, just a month after the company received a $5o billion federal bailout and decided to close seven plants in Michigan. G.M. can use the credits to offset its state tax bill for up to 20 years. "You don't know who will take a credit or when," said Doug Smith, a senior official at the state's economic development agency. "We may give a credit to G.M., and they might not take it for three years or 10 years or more." One corporate executive, Donald J. Hall Jr. of Hallmark, thinks business subsidies are hurting his hometown, Kansas City, Mo., by diverting money from public education. "It's really not creating new jobs," Mr. Hall said. "It's motivated by politicians who want to claim they have brought new jobs into their state." For Mr. Hall and others in Kansas City, the futility of free - flowing incentives has been underscored by a border war between Kansas and Missouri. Soon after Kansas recruited AMC Entertainment with a $36 million award last year, the state cut its education budget by $104 million. AMC was moving only a few miles, across the border from Missouri. Workers saw little change other than in commuting times and office decor. A few months later, Missouri lured Applebee's headquarters from Kansas. "I just shake my head every time it happens, it just gives me a sick feeling in the pit of my stomach," said Sean O'Byrne, the vice president of the Downtown Council of Kansas City. "It sounds like I'm talking myself out of a job, but there ought to be a law against what I'm doing." Outgunned by Companies For local governments, incentives have become the cost of doing business with almost every business. The Times found that the awards go to companies big and small, those gushing in profits and those sinking in losses, American companies and foreign companies, and every industry imaginable. http: / /www.nytimes.coml2O l 2l12 /02luslhow- local - taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 5 of 14 Workers are a vital ingredient in any business, yet companies and government officials increasingly view the creation of jobs as an expense that should be subsidized by taxpayers, private consultants and local officials said. Even big retailers and hotels, whose business depends on being in specific locations, bargain for incentives as if they can move anywhere. The same can be said for many movie productions, which almost never come to town without local subsidies. When Oliver Stone made the 2010 sequel to "Wall Street," in his mind there was only one place to shoot it: New York City. Nonetheless, the film, a scathing look at bankers' greed, received $10 million in tax credits, according to loth Century Fox. In an interview, Mr. Stone criticized subsidies for industries like banking and agriculture but defended them for Hollywood, saying that many movies can be shot anywhere and that their actors and crew members pay state income taxes. "It's good," Mr. Stone said of the film subsidies. "Or like basically the way business is done. I don't understand what the moral qualm is." The practical consequences can be easily seen. The Manhattan Institute for Policy Research, a conservative group, found that the amount New York spends on film credits every year equals the cost of hiring 5,000 public - school teachers. Nationwide, billions of dollars in incentives are being awarded as state governments face steep deficits. Last year alone, states cut public services and raised taxes by a collective $156 billion, according to the Center on Budget and Policy Priorities, a liberal - leaning advocacy group. Incentives come in many forms: cash grants and loans; sales tax breaks; income tax credits and exemptions; free services; and property tax abatements. The income tax breaks add up to $18 billion and sales tax relief around $52 billion of the overall $8o billion in incentives. Collecting data on property tax abatements is the most difficult because only a handful of states track the amounts given by cities and counties. Among them is New York, where businesses save an estimated $1.1 billion a year in property taxes. The American International Group, the insurance company at the center of the 2008 financial crisis, continued to benefit from a $23.8 million abatement from New York City at the same time it was being bailed out with $18o billion in federal money. Since 2000, The New York Times Company has received more than $24 million from the city and state. http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 6 of 14 In some places, local officials have little choice but to answer the demands of corporations. "They dictate their terms, and we're not really in a position to question their deal terms," Sarah Eckhardt, a commissioner in Travis County, Tex., said of companies she has dealt with recently, including Apple and Hewlett- Packard. "We don't have the sophistication or the resources to negotiate with a company that has the wherewithal the size of a country. We are just no match in negotiating with that." Local officials can find themselves across the table from conglomerates like Shell Oil and Caterpillar, the world's largest maker of construction equipment. Shell has been offered a tax credit worth as much as $1.6 billion over 25 years from Pennsylvania, which competed with West Virginia and Ohio for an energy production facility. Royal Dutch Shell, the parent company, made $31 billion in profits in 2011 — about $3.5 million every hour. The company's chief executive made $13.1 million last year, according to Equilar, an executive compensation firm. Pennsylvania predicts that the plant will create thousands of long -term jobs, but it did not require them in exchange for the tax credit. Caterpillar has received more than $196 million in local aid nationwide since 2007, though it has chastised states, particularly its home base, Illinois, for not being business - friendly. This year, Caterpillar announced a new plant in Georgia, which offered $44 million in incentives. Local counties chipped in free land and other aid, including $15 million in tax breaks and $8.2 million in road, water and sewer repairs. The company, whose profits are soaring, recently froze workers' pay for six years at several locations, arguing that it needed to remain competitive. A spokesman for the company, Jim Dugan, said it employed more than 50,00o people and invested billions of dollars nationwide. Local officials typically have scant information about the track record of corporations, like whether they lived up to job assurances elsewhere. And some officials acknowledged that they did not know to what extent incentives were a deciding factor for companies. "I don't know that there's a way to know other than talking to the businesses, and the businesses telling us that that was a factor in creating jobs," said Ken Striplin, the city manager of Santa Clarita, Calif., which gives tax breaks in a designated enterprise zone. "There's no box that says `I would have created this job without the enterprise zone.' " http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 7 of 14 California is one of the few states that have been cutting back on incentives. But that does not mean its cities are following suit. When Twitter threatened to leave San Francisco last year, officials scrambled to assuage the company. Twitter was not short on money — it soon received a $300 million investment from a Saudi prince and $80o million from a private consortium. The two received Twitter equity, but San Francisco got a different sort of deal. The city exempted Twitter from what could total $22 million in payroll taxes, and the company agreed to stay put. The city estimates that Twitter's work force could grow to 2,600 employees, although the company made no such promise. A Twitter spokeswoman said the company was "very happy to have been able to stay in San Francisco." City officials did not respond to inquiries. Like many places, San Francisco has been cutting its budget. Public parks have lost about $12 million in recent years, though workers at Twitter will not lack for greenery. The company's plush new office has a rooftop garden with great views and amenities. Enjoying the perks, one employee sent out a tweet: "Tanned on Twitter's new roof deck this morning as some dude served me smoothie shots. This is real life ?" A Zero -Sum Game It was the company every state had to have. In 1985, General Motors was looking for a spot to manufacture its Saturn, a new compact car that would compete with Japanese imports and create thousands of American jobs. Incentives were not in wide use, and several states had only recently begun to allow more of them. In fact, when G.M. announced the search, its chairman, Roger Smith, said the perks would not be a predominant factor. "Tax breaks can't make a silk purse out of a sow's ear," Mr. Smith told The Detroit Free Press. He said G.M. planned to avoid states that had large debts or lackluster schools. Undeterred, some 30 states stepped forward in what became a full -out competition. One official, Bill Clinton, then the governor of Arkansas, traveled to Detroit offering income tax credits and sales tax exemptions worth nearly $200 million. Mr. Smith essentially kept his word and chose Tennessee, which had put together a relatively small package. Reid Rundell, a retired G.M. executive, said in a recent interview that it had http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 8 of 14 come down to geography. "The primary factor was distribution for incoming parts, as well as outgoing vehicles," Mr. Rundell said. But the gates had been opened. In 1992, South Carolina lured BMW with a $130 million package; the next year, Alabama got Mercedes -Benz at a price tag that topped $300 million. "What the auto incentives did back then was really raise the profile of economic incentives both within companies, in government and in the public's eye," said Mark Sweeney, who worked for the South Carolina Commerce Department in the 199os and now advises companies on obtaining government grants. By 1993, governors were regaling one another at a national conference with stories of deals beyond the auto industry, including a recent bidding war for United Airlines that drew more than 90 cities. The airline had set up negotiations in a hotel, and its representatives ran floor to floor comparing bids, said Jim Edgar, then the governor of Illinois. Mr. Edgar said he had called for a truce, concerned that the practice was unfair to companies that did not receive incentives. But many states would not sign on, he said, particularly those in the South, where businesses were moving. "If you've got some states doing it, it's hard for the others not to do it," Mr. Edgar said. "It's like unilaterally disarming." Soon after, economists at Federal Reserve branches were questioning the use of incentives. One, in Minnesota, used mathematical proofs and game theory to show that competition between states did not increase overall economic value. Several other economists have since called the practice a zero -sum game. A group of taxpayers in Michigan and Ohio went as far as suing DaimlerChrysler after Ohio and the City of Toledo awarded the automaker $280 million in the late 1990s. The suit argued that it was unfair for one taxpayer to be given a break at the expense of all others. The suit made its way to the Supreme Court, and G.M. and Ford signed on to briefs supporting Daimler, as did local governments. The National Governors Association warned the court that prohibiting incentives could lead to jobs moving overseas. "This is the economic reality," the association said in a brief. The governors offered no hard evidence of the effectiveness of tax credits, but the Supreme Court did not consider whether they worked anyway. In 20o6, the court concluded that the taxpayers did not have the legal standing to challenge Ohio's tax actions in federal court. http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 9 of 14 The tab for auto incentives has grown to $13.9 billion since 1985, according to the Center for Automotive Research, a nonprofit group in Ann Arbor, Mich. G.M., the top recipient, was awarded $3.3 billion of the aid. Since 1979, automakers also closed more than 267 plants in the United States, about half of which still sit empty, according to the center. The auto industry and some local officials have long argued that auto companies create so many jobs and draw in so many supporting suppliers that all taxpayers benefit. Even if companies shut down years later, as Saturn did in Tennessee for a few years, the trade -off is worth it, they said. "I do believe that if a state ever is going to create incentives," said Lamar Alexander, who was Tennessee's governor in 1985 when Saturn selected the state, "the auto industry would be by far the No. 1 target, because an auto assembly plant is a money target." Still, Mr. Alexander, now a United States senator, said that recruiting a large factory today would be more expensive. "It has changed a lot," he said. "It's almost become a sweepstakes." G.M. Gets Into the Act G.M. may have initially minimized the role of local dollars, but as the company's financial problems grew, incentives became a big part of its math. The actions of the company were described in more than two dozen in -depth interviews with former company officials, tax consultants and governors and mayors who have dealt with G.M. The automaker's real estate division, Argonaut Realty, oversaw the hunt for the most lucrative deals. Up and down the corporate ladder, employees were encouraged to push governments for more, according to transcripts of public meetings and interviews. Even G.M. plant managers knew that the future of their facilities depended in part on their ability to send word of big discounts back to Detroit. Union representatives were enlisted to attend local hearings, putting a human face on the jobs at stake. G.M.'s regional tax managers often showed up, armed with tax abatement wish lists and highlighting the company's gifts to local charities. "We knew what our investment of X amount meant to the community, and we knew we needed to partner with the community to be successful," said Marilyn P. Nix, who worked as a real estate executive at G.M. for 31 years until retiring in 2005. http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 10 of 14 At the top of G.M., executives reviewed the proposals from various locations and went where the numbers added up. "I know people like to blame the industry for taking advantage of the incentives, but you go back to what your fiduciary responsibility is to the stockholders," Ms. Nix said. "As long as you've got people that are willing to better the deals, the management owes it to their stockholders to try to get the best economic deal that they can." For towns, it became a game of survival, even if the competition turned out to be a mirage. Moraine, Ohio, was already home to a G.M. plant in 1997 when the company pushed hard for additional incentives. G.M. said it was looking for a place to accommodate more manufacturing. Wayne Barfels, the city manager at the time, said a G.M. representative had told officials that Moraine was competing with Shreveport, La., and Linden, N.J. After the local school board approved property tax breaks, The Dayton Daily News reported that the other towns had not been in discussions with G.M. The school board considered rescinding the deal, but allowed G.M. to keep it after a company official apologized. In 2008, G.M. shut the Moraine facility. In towns where General Motors remains, local officials praised the company. "I can say they have been a great partner to us," said Virg Bernero, the mayor of Lansing, Mich. "It would do something to the psyche of this community if they were not here. I mean, I just praise God every day." Looking to lure businesses beyond automakers, states have routinely bolstered their incentive tool kits. In 2010 alone, states created or expanded about 40 tax credits and exemptions, according to the National Conference of State Legislatures. The nature of the credits has also changed. New ones are geared toward attracting technology and green energy companies, but it is hard to know whether 15 years down the road they will thrive or wind up stumbling like the automakers. And many modern companies, like those in digital technology, can easily pack up and leave. "I don't see anything that suggests that Twitter and Facebook are better bets in the long run," said Laura A. Reese, the director of the Global Urban Studies Program at Michigan State University. Ms. Reese advises local governments to invest in residents through education and training rather than in companies where "it's hard to pick winners." http: / /www.nytimes. coml20 l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 11 of 14 Yet states try to do it all the time. In 2010, Rhode Island, which has the nation's second - highest unemployment rate, recruited Curt Schilling, a former Red Sox pitcher, to move his video game company from Massachusetts. The company, 38 Studios, had never released a game and was not making money, but the governor at the time had the state guarantee $75 million in loans. The company failed and dismissed all of its roughly 400 workers this May. Rhode Island taxpayers are now on the hook for the loans. Officials said part of the difficulty was that communities do not get much say in a company's business strategy. "We, as communities, stake our futures with these people who are supposed to know what they're doing, and sometimes they don't," said Arthur Walker, a businessman in Shreveport and former chairman of the city's chamber of commerce. Mr. Walker and other officials in Shreveport know firsthand. In 2000, they were worried that G.M. would close a plant in their area and responded with a generous proposal: the city would cut the company's gas bill and provide work force training grants. In addition, G.M. would benefit by a recent increase in one of the state's income tax credits. Eager to encourage innovation, Shreveport officials suggested ways the city could assist G.M. in building electric cars. "We wanted to be part of the future," said Mr. Walker, whose brother worked at the plant. G.M. took the city's incentives but not its business advice and began building the giant Hummer there. "We knew they needed to build green cars — I mean, who builds a Hummer for the 21st century ?" Mr. Walker said. "It was a losing proposition that we found ourselves in. We couldn't win because those people weren't making the correct business decisions, in my view. When it didn't work, we're the ones left holding the bag." The Hummer was discontinued in 2010, and the Shreveport factory closed this August, the final victim of G.M.'s bankruptcy. Ypsilanti's Losing Battle For much of the last 20 years, Doug Winters has been agitating for General Motors to be held accountable. http: / /www.nytimes.coml20l 2l12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 12 of 14 Mr. Winters, the attorney for Ypsilanti Township and several other places around Ann Arbor, has lived in Ypsilanti all his life. His grandmother labored at the local plant, Willow Run, during World War II, when it made bomber planes. People in town still proudly point out that a woman known as Rosie the Riveter worked there as well. After the war, when G.M. moved into the plant to manufacture its automatic transmission system, his father got a job. Mr. Winters loves the history of Willow Run but hates what he views as corporate hypocrisy: G.M. asked for government help on the one hand and then appealed to free - market rationales for closing shop. Over the years, Ypsilanti granted G.M. more than $200 million in incentives for two factories at Willow Run, Mr. Winters said. "They had put basically a stranglehold on the entire state of Michigan and other places across the country by just grabbing these tax abatements by the billions," he said. "They were doing it with a very thinly disguised threat that if you don't give us these tax abatements, then we'll have to go somewhere else." Ypsilanti first sued G.M. in the 19gos to prevent the company from closing the factory at Willow Run that made the Chevrolet Caprice. The town had granted the company tax incentives after the factory manager argued that G.M.'s ability to compete with other carmakers was at stake, documents in the lawsuit show. The tax break and "favorable market demand," said the plant manager, Harvey Williams, would allow the automaker to "maintain continuous employment." Nevertheless, G.M. shut the factory. A lower court found in favor of Ypsilanti, but the ruling was reversed on appeal. The judge said that a company's job assurances "cannot be evidence of a promise." In 2010, when the company closed the remaining factory at Willow Run, Mr. Winters sued again. This time, Ypsilanti argued that the automaker should have been forced to close overseas factories instead, especially since American taxpayers had bailed out G.M. In addition, Ypsilanti sought to recover money from G.M., saying the company had agreed to reimburse the town for some incentives if it left. So far, Ypsilanti's claims have not been addressed. They were complicated by G.M.'s bankruptcy, which allowed the carmaker to emerge as a new company and leave some of its liabilities and contractual obligations behind. When asked whether the new G.M. has civic responsibilities to its former factory towns, Mr. Cain, the company spokesman, said: "Our obligation to the communities where we do http: / /www.nytimes.coml20l 2l12 /02luslhow- local - taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 13 of 14 business is to run a successful business. And when we prosper, it allows us to do more than just turn the lights on and make cars." He also said that since the bailout, "G.M. has invested more than $7.3 billion in its U.S. facilities, and we've created or retained almost 19,000 jobs in communities all over the country." Matthew P. Cullen, who oversaw real estate and economic development for G.M. until he left the company in 2oo8, said the automaker was aware of its impact on communities. He said that what happened with G.M. was the result of an entire industry changing and that there had been no bad intentions. "If you go forward in good faith doing everything you can and make the investment, then you're partners," Mr. Cullen said. "Sometimes partnerships in business work, and they work for 6o years. And in some cases, they don't, and it doesn't make you a bad partner." Some towns that are still dealing with the fallout of plant closings might disagree. In Pontiac, Mich., tax revenues have fallen 40 percent since 2oo9 after the old G.M. knocked down buildings on its property, resulting in lower tax assessments, according to the city's emergency manager. In Ypsilanti, an entity set up to sell off G.M. property is marketing the plant as valuable. At the same time, it has been arguing for lower property taxes on the grounds that its plant is not worth much. Ypsilanti's supervisor, Brenda Stumbo, said the township would be stung hard by further revenue cuts. Ypsilanti has already slimmed down its Fire Department, and city workers are juggling multiple jobs. There are seven to io home foreclosures a week, giving the township the highest foreclosure rate in the county, Ms. Stumbo said. "Can all of it be traced back to General Motors ?" she said, listing auto suppliers that closed after G.M. did. "No, but a great deal of it can." Nonetheless, Ms. Stumbo said that if G.M. would bring jobs back to town, she would be willing to grant the company more incentives. But Mr. Winters is not so sure. He said he would never support more incentives without stronger protections for Ypsilanti. "They've done a lot of damage to a lot of people and a lot of communities, and they've basically been given a clean slate," he said. "It's a `get out of jail free' card." http: / /www.nytimes.coml2O l2 /12 /02luslhow- local- taxpayers - bankroll - corporations.html ?... 12/10/2012 As Companies Seek Tax Deals, Governments Pay High Price - NYTimes.com Page 14 of 14 Lisa Schwartz and Ramsey Merritt contributed research. louise @nytimes.com, @louisestory http: / /www.nytimes.coml2O l2 /12 /02luslhow- local - taxpayers - bankroll - corporations.html ?... 12/10/2012 Texas Business Incentives Highest in Nation- NYTimes.com Page 1 of 13 �p1 Ot N'e'ar go* rima 1 December 2, 2012 Lines Blur as Texas Gives Industries a Bonanza By LOUISE STORY DALLAS — The Preston Hollow neighborhood has been home to many of Texas' rich and powerful — George and Laura Bush, Mark Cuban, T. Boone Pickens, Ross Perot. So it is hardly surprising that a recent political fund- raiser was held there on the back terrace of a 2o,000- square -foot home overlooking lush gardens with life -size bronze statues of the host's daughters. The guest of honor was Gov. Rick Perry, but the man behind the event was not one of the enclave's boldface names. He was a tax consultant named G. Brint Ryan. Mr. Ryan's specialty is helping clients like ExxonMobil and Neiman Marcus secure state and local tax breaks and other business incentives. It is a good line of work in Texas. Under Mr. Perry, Texas gives out more of the incentives than any other state, around $19 billion a year, an examination by The New York Times has found. Texas justifies its largess by pointing out that it is home to half of all the private sector jobs created over the last decade nationwide. As the invitation to the fiend- raiser boasted: "Texas leads the nation in job creation." Yet the raw numbers mask a more complicated reality behind the flood of incentives, the examination shows, and raise questions about who benefits more, the businesses or the people of Texas. Along with the huge job growth, the state has the third - highest proportion of hourly jobs paying at or below minimum wage. And despite its low level of unemployment, Texas has the lith- highest poverty rate among states. "While economic development is the mantra of most officials, there's a question of when does economic development end and corporate welfare begin," said Dale Craymer, the president of the Texas Taxpayers and Research Association, a group supported by business that favors incentives programs. http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 2 of 13 In a state that markets itself as "wide open for business," the lines are often blurred between decision makers and beneficiaries, according to interviews with dozens of state and local officials and corporate representatives. The government in many instances is relying on businesses and consultants like Mr. Ryan for suggestions on what incentives to grant and which companies should receive them, as well as on other factors that directly affect public spending and budgets, the interviews show. Mr. Ryan does not claim to be neutral on where the money should go. "It's widely known that I represent a lot of taxpayers," he said in an interview. "I have client relationships with people who hopefully, if they invest in Texas, they'll receive incentives." Granting corporate incentives has become standard operating procedure for state and local governments across the country. The Times investigation found that the governments collectively give incentives worth at least $8o billion a year. The free flow of tax breaks and subsidies in Texas makes it particularly fertile ground to examine these economic development deals and the fundamental trade -off behind them: the more states give to businesses, the less they have available in the short term to spend on basic services, a calculation made more stark by the recession. To help balance its budget last year, Texas cut public education spending by $5.4 billion — a significant decrease considering that it already ranked 11th from the bottom among all states in per -pupil financing, according to recent data from the Census Bureau. Yet highly profitable companies like Dow Chemical and Texas Instruments continue to enjoy hefty discounts on their school tax bills through one of the state's economic development programs. In the Manor school district, which comprises the town and part of Austin, Samsung has been awarded more than $231 million in incentives from state and local officials. But the recent budget cuts have left the district with crowded classes and fewer programs. Mr. Perry, who took office at the end of 20oo, has been a longtime proponent of lowering taxes. He said in an interview that companies could put the money to better use than the government and would spend it in ways that would create jobs and help Texans. "Facebook, eBay, Apple — all of those within the last two years have announced major expansions in Texas," Mr. Perry said. "They're coming because it is given, it is covenant, in these boardrooms across America, that our tax structure, regulatory climate and legal environment are very positive to those businesses." http: / /www. nytimes. com /2012/ 12/03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 3 of 13 He acknowledged that the state's job growth was not erasing persistent poverty, saying that "we are going to have people that fall through the cracks." He said creating jobs was the best way to help Texans, who "don't want government assistance when they can do it themselves." But relying on companies does not always turn out well. When Amazon set up a distribution center outside Dallas, it received incentives from the state. Six years later, when the company got into a tax dispute with the state, it shut the warehouse, which employed as many as 2,000 people during its peak season. Nationwide, a whole industry of consultants has grown up around state efforts to lure companies with incentives. Companies like Ernst & Young, Deloitte and Automatic Data Processing, a payroll company, have divisions dedicated to helping companies search for the best deals. Mr. Ryan's Dallas -based firm, Ryan LLC, operates in 27 states and seven countries and represents numerous Fortune 500 companies. Texas alone is a big source of business for Mr. Ryan, who has won tax refunds of more than $20 million each for ExxonMobil and Raytheon. This year, he sought similar amounts for Verizon, Freescale Semiconductor and several other companies, according to state documents obtained through an open records request. At the same time, Mr. Ryan has become one of the state's most generous political donors. He co- founded a political action committee last year that supported Mr. Perry's bid for the Republican presidential nomination and donated $250,000. Even as business leaders press local governments to give out more incentives, they warn against requiring too much in return. In Travis County, which includes Austin, commissioners recently passed new rules for companies that receive tax abatements. One requires paying employees $11 an hour, an amount the county considers to be a living wage. The rules had been contested by the business community. "The more stipulations you put into an agreement, the more complicated it becomes and the less competitive we become," Gary Farmer, a local business leader who runs an insurance company, told the county commissioners at a hearing. "We're concerned about including a living wage into the policy, as we believe that could have a chilling effect on certain companies." The Money Starts Flowing http: / /www.nytimes.com/M12112 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 4 of 13 When Mr. Perry became governor in 2000, Texas was not a major player in the incentives game. He quickly got his first taste during a bidding war among states when Boeing was hunting for a new location for its headquarters. Texas ultimately lost to Illinois, which awarded Boeing $52.5 million in incentives, but the episode was a turning point. "We came back in here after we lost that," Mr. Perry said, "and we analyzed our economic development efforts, and that's when we started making some changes." Mr. Perry got the money flowing through two new cash funds created to recruit businesses. One, the Texas Enterprise Fund, awarded more than $410 million over eight years, according to the governor's office, and the recipients said they would create more than 54,000 jobs. The fund requires companies that do not meet their job targets to return incentive money. The state has also embraced a popular program that establishes enterprise zones where companies can receive refunds on some taxes they pay in exchange for moving there. The exemption has added up to big money for retailers like Walmart. Not coincidentally, the company has opened stores in similar enterprise zones across the country. Walmart owed some of its other tax savings to Mr. Ryan, who counted the retailer among his earliest clients in the lggos. Once an accounting firm, Ryan LLC transformed itself in recent years into a powerhouse focused on corporate tax breaks. Mr. Ryan is a familiar presence at the state comptroller's office in Austin, which must sign off on many tax breaks. He is known there for his laser focus and forceful negotiating skills. "It's gloves -off, full- frontal assault," said a former official, who requested anonymity because of state confidentiality rules. Mr. Ryan agrees that he is aggressive, saying that "guys like me are all that stand between the government fleecing taxpayers." He has at times filed lawsuits over tax rules he does not like, including one against the head of the Internal Revenue Service and Treasury Secretary Timothy F. Geithner. In one of his most lucrative deals, Mr. Ryan in 2006 helped Texas Instruments win tens of millions of dollars in tax refunds, according to the comptroller's office. Ryan LLC often gets to keep around 3o percent of its clients' awards, according to former employees. That same year, Mr. Ryan was a top donor to the campaign of the comptroller at the time, Carole Keeton Strayhorn, personally giving $250,000, according to campaign finance http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 5 of 13 records. Over the course of Ms. Strayhorn's tenure, Mr. Ryan, his employees and his company's PAC would donate nearly $3 million, including when the comptroller ran for governor, the records show. He and his employees have made campaign contributions to the current comptroller, Susan Combs, totaling more than $600,000. Ms. Strayhorn declined to comment, and a representative for Ms. Combs said the donations did not affect her decisions. Since 2000, Mr. Ryan and his wife, Amanda, have contributed over $4 million to a variety of state officials and political causes, including the governor. Mr. Perry declined to comment on Mr. Ryan, but at a local event in 2010 he called him "the type of visionary that every community wants to have," according to The Abilene Reporter -News. Mr. Ryan said that he gave to candidates in many states and that his donations brought extra scrutiny, not favorable treatment. Others see it differently. "When you give money to a state regulator who you appear before, there are potential conflicts of interest," said Craig McDonald, the executive director of Texans for Public Justice, a liberal watchdog group. "And Texas law is way too weak in allowing those conflicts to exist." Mr. Ryan set his own sights on public office in 2009, running for the Dallas City Council on a platform that pushed cutting public spending. Simultaneously, Mr. Ryan was pursuing state aid for his own company, applying for an enterprise zone designation for his business. Mr. Ryan lost the race but won the incentive. "In these tough economic times, our city officials must use every tool available to ensure job growth and expand the tax base," he said of the award in a news release. Mr. Perry has made corporate recruitment a hallmark of his administration. The governor frequently makes trips to cities like Chicago, New York and San Francisco to lure prospective businesses. During a visit to San Diego in June, he proudly told local officials that about a third of the companies moving to Texas were from California, said Ruben Barrales, the chief executive of the San Diego Regional Chamber of Commerce. "Governor Perry is here quite a bit," Mr. Barrales said. "He meets with companies. He's letting people know if they're interested in further growth, Texas will greet them with open arms. He's not very shy about it." http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 6 of 13 Asked if he had qualms about taking jobs from other states, Mr. Perry said, "Competition is what drives this country." A nonprofit group called TexasOne recommends potential businesses to the governor and then pays for his travel and other expenses during the recruiting trips. The group is financed by large corporations like Shell and AT &T, as well as by consultants like Ryan LLC. The governor's office allocates the awards, which state records show amount to millions of dollars each year. In the enterprise zone program, 82 of the 222 awards granted from March 2008 to June 2012 went to companies represented by Mr. Ryan's firm, according to public records provided by the governor's office. The list included General Motors, Tyson Foods and the German chemical giant BASF. Until recently, the cash incentives were overseen in Mr. Perry's office by a top aide, Roberto De Hoyos. In September, Mr. De Hoyos took a new job — at Ryan LLC. Companies Gain, Schools Lose Lines of new students show up each August at the public schools in Manor. The town is mostly rural, with fields of hay and cattle in every direction. Some of the students' families came to double up with relatives or friends, others were pushed outward by Austin's gentrification. Downtown Manor consists of a couple of blocks lined with spots like Ramos Cocina and a smoke -filled convenience store. There are few doctors and no real place to buy groceries. About six miles away, a fabrication plant for the South Korean company Samsung looms over one of Manor's elementary schools, a symbol of corporate interests juxtaposed with a pillar of public spending. The complex, which makes memory chips for smartphones and other products, includes some of the largest buildings in the area: one covers 1.6 million square feet, or about nine football fields. Since Mr. Perry took office, companies have seen a drop in their school property taxes because of a special incentives program, as well as an across - the -board cut in the school tax rate. The recession has made the squeeze all the more difficult for schools. In the Manor district, spending shrank by about $540 per student this year, according to the Equity Center, an advocacy group for Texas schools. The cuts came even as school enrollment has nearly tripled since 2000. http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 7 of 13 The cracks in financing were on display this summer, as families filled a school cafeteria to register for a prekindergarten program with shortened days. For parents like Tommy and Melissa Sifuentes, the cutback means they have to leave work early or hire a baby sitter. "It's harder," said Ms. Sifuentes, who is still grateful that her son will learn socialization skills at school. About 8o percent of Manor's students are low- income, according to the E3 Alliance, a nonprofit group in Austin that focuses on education. For about a third of the 8,000 students, English is a second language. In 2005, Manor's school board gave Samsung eight years of tax abatements worth $112 million as part of the company's incentives package for its fabrication plant. Under the special incentives program, known as Chapter 313, school boards approve tax abatements for companies. The state then reimburses the district for the amounts they give up. In many districts, the awards were granted after little review. Robert Schneider, a member of Austin's school board, said the district was nonchalant when it gave an abatement to Hewlett - Packard in 20o6. "The board took it as `we don't lose in this deal,' because we knew we were going to get reimbursed by the state," Mr. Schneider said. "I can tell you there wasn't any analysis done that said, `Ten, 15 years from now, they will be here and we'll get such and such out of it.' " School boards statewide have approved abatements worth at least $1.9 billion through the program, according to the comptroller's office. Although the districts are not paying for the abatements themselves, budget experts point out that the reimbursements come from the state's general fund, which like most state treasuries is running low. In Texas, tax revenues for schools took a direct hit when Mr. Perry created a commission in 2005 to evaluate the state's tax system. The State Supreme Court was questioning districts' property tax rates and warned of a school shutdown if legislators did not intervene. The tax rates had been criticized for years by businesses and residents, but some districts countered that they could not afford to cut them without additional state financing. Mr. Perry turned to John Sharp, a Democrat and former comptroller, to lead the commission. At the time, Mr. Sharp worked for Ryan LLC. The commission called for districts to cut school property taxes by around one - third. To make up for some of the lost revenue, it recommended adding a business tax, as well as increasing some sales taxes. http: / /www.nytimes.coml2O l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 8 of 13 "I did what I thought was the best for the state of Texas," said Mr. Sharp, adding that his position at Ryan LLC did not affect his decisions. "We saved the state of Texas from complete collapse of the school system, and I'm very proud of that." Mr. Sharp left Ryan last year to become the chancellor of Texas A &M University. In 2006, the Legislature largely adopted the commission's proposals and required the state to give districts billions of dollars to allow time for the business tax to make up the difference. Some six years later, things have not worked out as planned. The business tax has not yielded anywhere near what Mr. Sharp's panel projected, and the state has cut its aid to the districts by $5.4 billion. A spokeswoman for Mr. Perry noted that one of the state's cash incentive funds was also cut back. Leslie Whitworth, who oversees the curriculum in Manor, said that the district was doing its best to make do with less, but that "it wears on people, the constant crisis, the constant increases in students and constant pressure on budgets." Among other things, the cuts have meant overcrowding across Texas: the number of classrooms over the state's student limit nearly quadrupled last year. Some companies recognize the trade -off. Daimler, the German maker of the Mercedes -Benz, accepts incentives in the United States but tries to avoid ones that come out of school budgets, said David Trebing, who manages the company's relationship with local governments. "We want to make sure they have enough money for their schools," Mr. Trebing said. "Our workers send their kids there." Even members of the Austin Technology Council, which includes Samsung, identified an educated work force as among their biggest concerns for the area, according to a recent survey. Of the $231 million in incentives Samsung received, it donated $1 million back to Manor for a scholarship fund. The company also mentors district students. Catherine Morse, Samsung Austin's general counsel, said the abatements from the Manor school board were crucial because of the company's expensive machinery. Samsung also received $10.8 million from Mr. Perry's cash fund, but Ms. Morse said the money had not swung the decision. "It was more like it showed respect," she said. http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 9 of 13 Ms. Morse noted that Samsung was still the county's largest taxpayer and that locating the facility in Texas had been a tough sell inside the company. "It was very unpopular to take jobs out of South Korea," she said. Samsung said it had created 2,500 jobs on its payroll and 2,000 more for contract employees. Ms. Morse said that 495 of those on its payroll lived in the Manor school district. The company is currently seeking additional incentives for a $4 billion retooling of its facility, though it is not expected to add many jobs. Amazon Plays Hardball Tarik Carlton gathered with other workers in February 2011 to hear the bad news: Amazon was shutting its distribution center in Irving, where he loaded trucks for $12.75 an hour. Business had been strong, but the online retailer did not want to pay a $269 million tax bill from the state comptroller. A standoff with the state ensued, and Amazon laid off the workers. "They didn't have our interests in heart, truth be told," Mr. Carlton said. Amazon opened the distribution facility in 2005 in Irving, near Dallas -Fort Worth International Airport, and local officials awarded the company tax breaks on its inventory. Positions at the warehouse included product pickers, dock crews and truck loaders. The employees were typically on the young side, and some had served in the military. The warehouse churned through workers because many could not meet the quota of products they were supposed to move each day, according to Frankie Lloyd, who helped Amazon find temporary workers to fill many of the jobs. "It's all about what you can do physically," Ms. Lloyd said. "Like manufacturing, but without the great pay." The distribution business grew as manufacturing moved overseas and online shopping boomed. It is big in the Dallas area because two main train lines run here from Long Beach, Calif., where goods arrive from Asia. The work is highly physical. One Amazon worker wore a step counter that logged five miles during one shift, according to Mr. Carlton, who only recently found a new job. He was among 12 former Amazon workers, including two warehouse managers, who agreed to be interviewed. http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 10 of 13 There was no air - conditioning in the warehouse, and Mr. Carlton and others said the temperature could reach 115 degrees. They said it was difficult to take breaks given the production quotas. The pay was typically $11 to $15 an hour, Ms. Lloyd said. Amazon gave out small shares of stock and some bonuses, but the amounts were minimal, she said. Amazon said it had been working to upgrade its warehouses, which it calls fulfillment centers. The company has installed air - conditioning in all its centers over the past year, said Dave Clark, the vice president for global customer fulfillment. Mr. Clark said workers always received breaks, and sometimes free ice cream when the facilities did not have air - conditioning. He said the quotas were akin to "expectations that go along with every job, mine included." "I really do think these jobs get a bad rap," Mr. Clark said. "They're great jobs. They're safe jobs." Mr. Carlton said he had no idea the company was being partly subsidized. "If you give them money, I think more should be expected," he said, adding that Amazon should have been required to hire more people to handle the heavy workload. John Bonnot, the director of business recruitment for the Irving Chamber of Commerce, said the city did not impose wage or benefit requirements on companies that received incentives. Irving had required that Amazon create only io jobs to receive the tax break. Mr. Bonnot said Amazon "would have nothing but praise" for the original assistance from the state and the city, which outsources its economic development to the local chamber. Things began to slide downhill in late 2010 when the state comptroller, Ms. Combs, demanded that Amazon pay the $269 million sales tax bill. The retailer had never charged its Texas customers the tax, giving it an advantage over on -the- ground competitors. The company hired three powerful advocates with ties to the governor, according to state lobbyist disclosure records. One, Luis Saenz, had been the director of Mr. Perry's political operation. Days after the warehouse closed, Mr. Perry said he disagreed with the comptroller's decision to demand the taxes. As it was battling with the comptroller, Amazon began negotiating with the Legislature, which was debating whether online businesses should be required to charge sales tax. The company told lawmakers that it would create up to 6,00o jobs in exchange for delaying sales http: / /www.nytimes.coml20l 2l12 /03 /us /winners -and- losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 11 of 13 tax collections, similar to a compromise it had struck in states like South Carolina and Tennessee. The lawmaker with the most power in the decision was John Otto, a Republican member of the Texas House of Representatives. Like all Texas legislators, Mr. Otto's government job is part time. He also works at Ryan LLC — a job that is not disclosed on his legislative Web site. Mr. Otto drafted legislation that said online retailers like Amazon would not have to charge sales tax as long as it did not have distribution facilities in Texas. By then, the company had already shut the Irving warehouse. Mr. Otto and Mr. Saenz declined to comment about the legislation. Amazon would not comment on its negotiations with Texas. In July, Amazon began collecting sales tax from customers in Texas after the comptroller agreed to release the company from most of its $269 million bill. The company has also promised to open new distribution facilities and hire 2,500 workers. Amazon will owe the state a $i million penalty if it fails to deliver. The math on the new deal angers former Amazon workers, especially those who are still unemployed. For Texas to give up more than $250 million in tax revenues in exchange for 2,500 jobs amounts to about $1oo,000 per job. Most distribution workers are paid $20,000 to $30,00o a year. The rest benefits the company's bottom line, which generally increases executive bonuses and shareholder returns. King White, a consultant who helps Amazon choose locations, would not comment on the online retailer but said that companies in general had come to view incentives as entitlements. "Everybody thinks they deserve something," Mr. White said. "'If I'm creating jobs, what's in it for me?'" The deal on the sales tax did not require Amazon to reopen the Irving facility. That touched off the latest state competition to win over Amazon. Last month, the city of Schertz beat out neighboring San Antonio for one of Amazon's warehouses. The company is currently in negotiations with Coppell, outside of Dallas, about an additional center. Like Schertz, Coppell has offered Amazon a deal to keep a part of the sales tax it collects there, among other incentives. If Amazon accepts, it will be located near Irving and many of its former workers. Sharon Sylvas, 47, had moved from Kansas seven years ago to help Amazon set up the Irving facility. http: / /www.nytimes.coml20l 2l12 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 12 of 13 She lives nearby in a one - bedroom apartment with her partner, daughter and two grandchildren. After Amazon closed, she was out of a job for over a year. With limited options, Ms. Sylvas took a temporary position in October at another company's distribution center. It is a tougher job than the one at Amazon, and it pays less. For $11 an hour, Ms. Sylvas moves heavy inventory and other items. She said that if Amazon returned to the area, she would work there again, despite the rigors of warehouse jobs. "It's real miserable," Ms. Sylvas said. "But you do it to make a living." Both Player and Referee For the past few months, a commission created by the Texas Legislature has been taking a broad look at the state's economic development efforts. It will report back in January with recommendations. Four members of the commission are specifically focused on evaluating the state's cash grants and the school tax abatement programs. This means that companies in Texas have a lot at stake in the panel's work. So does at least one of the commissioners: G. Brint Ryan. He was appointed to the commission by the state's lieutenant governor, David Dewhurst, who has received more than $150,000 in campaign donations from Mr. Ryan. At a meeting in mid - September, the panel invited business representatives to testify. Among them was Ms. Morse, the general counsel at Samsung Austin, who urged the commission to continue the school property tax program that benefits her company in the Manor district. During Ms. Morse's testimony, it went unmentioned that Samsung is a Ryan client. Ryan LLC had helped the company gain designation as an enterprise zone in 2010, enabling it to receive sales tax refunds from the state on many of its purchases, according to documents obtained by The Times under a public records request. Mr. Ryan said the commission had never asked him whom he represents. No representatives from Texas schools spoke at the hearing. But Mr. Ryan said in an interview that school financing and poverty could best be addressed by emphasizing economic activity. He noted his own humble beginnings. "Frankly, I never got one single government handout," he said. http: / /www.nytimes.coml20l 2l12 /03 /us /winners -and- losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Texas Business Incentives Highest in Nation - NYTimes.com Page 13 of 13 Over the years, of course, Mr. Ryan has profited by helping many companies obtain checks from the government. In at least one instance, he was more eager to get the money than his client was. The client, a computer chip maker called Advanced Micro Devices, had hired Mr. Ryan's firm to review its books. But when the firm found what it believed would be a way to save more than $3o million in taxes, the chip maker decided it was not worth pursuing. Ryan LLC responded by suing its client, saying AMD owed it to the firm to seek the money. Ryan LLC would have received a cut of the savings. AMD declined to comment on the case, which was settled last year. But in a deposition contained in the court filings, a representative of the chip maker described numerous e- mails and phone calls by Mr. Ryan, who was trying to persuade the company to file for the refunds. "It's continuing evidence that they've placed their interest above our own and continued to press this issue," the representative said. The company said Ryan LLC's behavior "bordered on harassment." At one point, Mr. Ryan wrote to the chip maker's chief financial officer. "At stake is tens of millions of dollars in tax recovery and future tax savings on an issue I have WON for other fabs in Texas," he said, referring to fabrication facilities. The company's choice not to seek the tax break, Mr. Ryan said in a deposition, was an "irrational and unreasonable decision." Lisa Schwartz and Lauren D'Avolio contributed research. louise @nytimes.com, @louisestory http: / /www.nytimes.coml20l 2l l 2 /03 /us /winners- and - losers -in- texas.html ?hp &_r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 1 of 8 December 3, 2012 Michigan Town Woos Hollywood, but Ends Up With a Bit Part By LOUISE STORY PONTIAC, Mich. — Even the great and powerful Oz could not save the film studio that was supposed to save this town. IP12 The studio, a state -of -the -art facility fit for Hollywood blockbusters, had risen from the ruins of a General Motors complex here. It was the brainchild of a small group of investors with big plans: the studio would attract prestigious filmmakers, and the movie productions would create jobs and pump money into the local economy. A glamorous sheen would rub off on this down -on -its -luck town. But in Pontiac, happy endings do not usually come Hollywood- style. The tale behind the studio, though, was cinematic in its own right, filled with colorful characters, calls from the White House and a starring role for Michigan's taxpayers. Rounding out the cast was a big - budget Disney movie, "Oz: The Great and Powerful." It all started back in August 2007, when Gov. Jennifer M. Granholm met with Mike Binder, a Michigan -born actor and director who was lamenting the state's lackluster program to award financial aid — otherwise known as film credits — to the movie industry. Ms. Granholm, an aspiring actress when she was in her early 20s, became determined to make Michigan competitive, she recalled. Eight months later, the capital of the flailing auto industry became the capital of film tax credits. For every dollar spent locally, filmmakers would receive almost half back from Michigan. That sort of money turns heads at even the richest film studios, and word spreads fast. Janet Lockwood, the director of the state's film office, said that a week after the enhanced credits were announced, she was besieged at a movie conference in Santa Monica, Calif., by "the baby studios to the big guys." Hollywood may make movies about the evils of capitalism, but it rarely works without incentives, which are paid for by taxpayers. Nationwide, about $1.5 billion in tax breaks is awarded to the film industry each year, according to a state -by -state survey by The New York Times. http:/ /www.nytimes.coml2Ol2 /12 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 2 of 8 Within two months, 24 movies had signed up to film in Michigan — up from two the entire year before. The productions estimated that they would spend $195 million filming there, and in return they would be refunded about $70 million in cash. Before long, residents were rushing out on their lunch breaks to catch a glimpse of celebrities like Drew Barrymore, who was filming her movie "Whip It" in Ann Arbor, and Clint Eastwood, who was shooting "Gran Torino" in the Detroit area. Even Michael Moore, who was filming a movie about corporate welfare called "Capitalism: A Love Story," sought and received incentives. A `No- Brainer' for Michigan It was a time when most financial news was bad. Housing prices plunged, and thousands of automobiles went unsold. Michigan was facing growing budget shortfalls, and some lawmakers who voted for the film credits soon began questioning whether the state could actually afford them. In Pontiac, tax revenue plummeted as General Motors pulled out and workers left. Half of downtown was boarded up, and landlords accepted rent checks through slits in doors locked for safety. For some, Hollywood provided distraction and hope. By 2008, a plan was being hatched for what would become the movie studio in Pontiac. The man behind it, Linden Nelson, was a well- connected local entrepreneur with a charismatic personality. He had made a name for himself by creating the removable key chain for valet parkers in the 198os. His company later manufactured promotional trinkets for brands like AT &T and Harley - Davidson. In the late 199os, Mr. Nelson found himself in the headlines when a fire broke out at his office in Beverly Hills, Mich. It was ruled accidental. Mr. Nelson got the idea for the studio, he said, from his college -age son, who had heard that the Michigan tax credits were the talk of the Cannes Film Festival in France that year. Mr. Nelson soon met an old friend, Ari Emanuel, over coffee in Aspen, Colo., to discuss the idea. Mr. Emanuel was the force behind what would become William Morris Endeavor Entertainment, and his fast - talking, take -no- prisoners style had been immortalized in HBO's "Entourage." His brother Rahm would soon be named the chief of staff to President Obama. Intrigued, Mr. Emanuel did not take long to sign on. "I'm, like, blown away by it," he told a gathering of the Detroit Regional Chamber of Commerce. "Not to use an L.A. phrase — I think this is a no- brainer for the state of Michigan." http:/ /www.nytimes.coml20l2 /12 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 3 of 8 Motown Motion Pictures LLC was incorporated in May 2008, and two more partners came on board. One, John Rakolta Jr., had building expertise as the head of a commercial construction company. The other, A. Alfred Taubman, was a longtime friend of Mr. Nelson and a prominent investor who made billions building shopping malls nationwide. Mr. Taubman is among the most generous donors to universities and institutions in Michigan and elsewhere. He went to prison for nearly io months in 2002 over price - fixing accusations related to Sotheby's auction house, which his company owned. He has maintained that he was innocent. When Mr. Taubman first visited the vacated General Motors site in Pontiac, he was brought to tears. "What happened to all the people ?" he said, according to Mr. Nelson, who was at his side. "Where are the cars? What happened to their families ?" In early 2009, the four investors bought the property from G.M. for "virtually nothing," said Mr. Rakolta. General Motors, which had just received a hefty federal bailout, "spent more on the carpet than we spent on this building," he said. The investors agreed that they would put in a total of $10 million to $12 million of their own money, according to the studio's chief financial officer. They would pay for the rest — $70 million or so — using borrowed money and state and federal incentives. "Michigan's current tax incentive program appears to be the largest competitive advantage for the company," one studio document said. Ms. Lockwood, the film commissioner at the time, said she visited Mr. Taubman's office in early 2009. Over lunch served by a butler, Mr. Taubman filled her in on the plan. "He believed that there was money to be made," she recalled. A Town on the Ropes In public, the investors extolled the studio as an altruistic effort on behalf of Pontiac. "I go into things to make money, but on this, I don't really care," Mr. Taubman told The Detroit Free Press. "I just want to help create jobs, and this can create 3,60o jobs." Pontiac desperately needed them. In March of that year, roughly one of every two residents was without work, according to federal data. Food pantries had record requests. Pontiac was consistently listed among the top io most dangerous cities by the F.B.I. The city had made national news when a group of teenagers approached homeless people on the street and beat them to death. http: / /www.nytimes.com/ 2012 /l2 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 4 of 8 Ms. Granholm declared the city in a financial crisis in February 2009 and appointed an emergency manager, Fred Leeb. The city's budget was $54 million a year, but it was overspending by an estimated $7 million to $12 million. Pontiac was also still weighted down by old incentives it had given to businesses like G.M. The movie studio was an added challenge, since it was seeking financial incentives from the city — not to mention from other branches of the government. It won redevelopment tax credits from the federal government and separate aid from the state that included incentives for technology companies that hire residents. Job creation became a point of contention with beleaguered Pontiac, which was being asked to waive virtually all property taxes for the studio. The investors claimed that thousands of people would be employed, but Mr. Leeb said that when he asked for job numbers to be written into the contract, the investors refused. "We started seeing some backpedaling," said Mr. Leeb, who added that the negotiations featured "knock -down, drag -out fights." Mr. Nelson said he did not recall that request, but added that his company could not have guaranteed jobs anyway, since they were mainly supposed to be created by filmmakers renting out the studio. Under pressure from the governor's office, Mr. Leeb said he had little choice but to approve the investors' requests. Ms. Granholm announced the project in her 2009 State of the State address, saying she thought the industry would create a flood of new jobs. "It was very exciting," recalled Ms. Granholm, a Democrat. "A classic transformation, the phoenix rising from the ashes. This plant in Pontiac — it was a really great moment for a community that really wanted and needed hope." That summer, as the studio moved forward, Mr. Nelson was in local headlines for a second fire, this one at his 23,000- square -foot lakefront home in Bloomfield Hills. The fire extensively damaged the home, and its cause was not determined. Mr. Nelson declined to discuss it. Not long after, he and the other studio investors hit a major hurdle. They would be borrowing around $18 million in municipal bonds, but they needed someone to back them. Over the objections of some local officials, the state agreed to use the state workers' pension funds to guarantee the bonds. If the investors failed to pay, the retirees would be on the hook. http:/ /www.nytimes.coml20l2 /12 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 5 of 8 At the time of the deal, the governor was speaking regularly with Mr. Obama, who was negotiating the General Motors bailout. Edward B. Montgomery, who was leading the White House's efforts on communities and workers affected by the automaker's bankruptcy, was engaged on the studio plans. Mr. Montgomery said in an interview that he had expressed support for the studio and other projects that he believed would help diversify Michigan's economy. He said the studio's investors received assistance from the Treasury Department to qualify for a federal tax credit program. Mr. Montgomery said he was unaware of the bond guarantee involving the state pension fund. On July 27, 2010, the governor and other officials gathered for the. studio's groundbreaking. Also on hand were Hollywood players like Mr. Binder, a creator of HBO's "The Mind of the Married Man," who had been instrumental in persuading the governor to expand the film subsidies. Mr. Nelson, the studio's main impresario, talked up the job numbers on local radio that day and said the incentives were necessary. "It's a very competitive landscape out there," he said. "There are very, very competitive rebates going on with other states. People don't realize this, but 40 states have some kind of rebate or another in this industry. It's an industry that's fought after." Even as Michigan celebrated the studio, the Motion Picture Association of America was facing criticism of the use of film credits in a report by a Washington tax research group. The film association estimated that the industry employs just over two million people and supports 115,00o businesses. The report, conducted by the nonprofit Tax Foundation, which opposes film incentives, said that states justified them using "fanciful estimates of economic activity." The Pontiac studio was complete by the summer of 2011. Its first big production moved in after being awarded about $4o million from the state — the largest single movie payout yet. The Disney "Oz" film was being directed by Sam Raimi, a Michigan native who made the recent "Spider -Man" movies. Over the coming months, the studio's seven stages were filled with a yellow brick road and a haunted forest. The designers planted live grass and built a huge waterfall and pond where James Franco, the star of the film, could land in a hot -air balloon. Perhaps the most elaborate set was the courtyard around the good witch Glinda's castle, which took 75,000 hours of work to build and used $9 million worth of wood, according to Mr. Nelson. http: / /www.nytimes. coml20l 2l12 /04 /us/ when - hollywood- comes -to- town.html ?_r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 6 of 8 Sahir Rashid, a 35- year -old production assistant and Detroit resident, said that walking into the studio had been overwhelming. It was his first time on a soundstage, and he was thankful that the state's movie boom allowed him to give up construction work. "For me, the films saved my life," he said. "It's not a dead -end job. It's actually a career." As for the crew and actors, "the majority of them I think were from L.A.," said London Moore, a local actress. Ms. Moore was the body double for Michelle Williams, who was playing Glinda. "I went into this thinking these people were probably going to be stuck up, but they welcomed me with open arms. They are like a family to me." Film Jobs Prove Scarce The studio had created only 200 positions by the summer of 2011, according to correspondence between the company and local officials. And when temporary construction workers were excluded from the tally, Pontiac's records show, the studio reported only two employees in 2010 and 12 the next year. The studio's chief financial officer said it had not been able to cash in on $110 million in tax credits that were contingent on creating jobs. But the studio did cash in on other credits, including $14 million for a "Film and Digital Media Infrastructure Investment Tax Credit," he said. As the "Oz" shoot was under way, Pontiac moved on to its third emergency manager, Louis Schimmel, and he was not a fan of incentives. A former municipal bond analyst, Mr. Schimmel spent decades warning Michigan towns against trading tax revenues for jobs. "I'm just about the biggest critic of these programs, because giving away the taxes of the city is so detrimental," he said. "The money is needed for police, fire and trash pickup." Mr. Schimmel said Disney had offered to prepay its workers' personal income tax to the city, but Pontiac declined. The city later had problems collecting some of the taxes because Disney operated through a separate business entity that was difficult to track down, he said. "This is a glamorous industry if you want to talk about Hollywood, but it's not very glamorous for the municipality that wants to collect something," Mr. Schimmel said. Pontiac, he said, was outgunned. Disney declined to comment. Mr. Nelson said the studio and Disney were responsive to the city. Mr. Schimmel was not alone in his opposition to incentives. Michigan elected a new governor in 2010, Rick Snyder, a Republican who believed that it made better sense to lower taxes for all businesses. The governor's budget director, John Nixon, said in an interview, http:/ /www.nytimes.doml20l2 /12 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 7 of 8 "States harm themselves by competing on tax credits." The governor quickly began reining in the program. Almost immediately, filmmakers pulled out of Michigan. The change hit hard at "Hollywood -land in Pontiac," as Mr. Nelson sometimes refers to his studio, now called Michigan Motion Picture Studios. He said the makers of "Iron Man 3" had been considering filming there but opted for North Carolina after Mr. Snyder slashed incentives. When the bill for the studio's bond interest came due in February this year, it paid only a portion, $21o,000. The state pension fund had to pick up the remaining $420,000. Mr. Nelson said he and his partners would have made the payment if the state had not changed the tax credit program. "No one would have missed a bond payment," he said. "No one would have missed anything." The situation is galling to even longtime government officials, who over the years have seen plenty of economic development deals fail. "Taubman could write the whole check for that himself," said Doug Smith, an official at the state's economic development agency. The state pension fund may "end up owning these studios," he said. One of the development agency's board members is Mr. Rakolta, the construction executive who invested in the Pontiac studio. He and Mr. Nelson said in separate interviews that they had never considered personally paying for the bond interest. A deal is a deal, they said, and the state agreed to cover the bond. The studio's chief financial officer said the investors already stood to lose twice as much as they originally intended to invest. A spokesman for Mr. Emanuel said he was not willing to discuss the situation on the record. A spokesman for Mr. Taubman said he was unavailable. In August, the studio defaulted on the entire $630,000 payment on the bond, despite a decision by Mr. Snyder to temporarily allocate some film incentives. The investors are lobbying state lawmakers to put more money into the tax credits and have formed a political action committee. Donating to the PAC are the four investors; Mr. Emanuel's agency, William Morris Endeavor; and the Teamsters union. To rally public support, the studio offers public tours. "Please don't hesitate to contact your state representative," Mr. Nelson tells visitors. "Tell them you've been here, you believe in it, so please appropriate enough money so it will work." Mr. Nelson said that if the state did not improve the incentives, the Pontiac studio would probably shut down. For now, the soundstages are empty. Filming wrapped up last month http:/ /www.nytimes.coml20l2 /12 /04 /us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 Michigan Movie Studio Gets Tax Breaks, but Results in Few Jobs - NYTimes.com Page 8 of 8 on a Warner Brothers movie called "Black Sky." It is about a town ravaged by deadly tornadoes. Lisa Schwartz contributed research. louise @nytimes.com, @louisestory http: / /www.nytimes.com /2Ol2/l2/O4/us/ when - hollywood- comes- to- town.html? r= 0 &pag... 12/10/2012 r- IP13 Fiscal Year 2012 -13 AnnualRepoft of Boards, Commissions, and Committees r CITY OF IOWA CITY City Manager's Office 356 -5010 www.icgov.org TABLE OF CONTENTS STAFF CONTACTS .......................................................................... ............................... 1 ADJUSTMENT, BOARD OF ............................................................... ..............................4 AIRPORT COMMISSION .................................................................. ............................... 6 AIRPORT ZONING BOARD OF ADJUSTMENT ................................. ............................... 7 AIRPORT ZONING COMMISSION .................................................... ............................... 8 BOARD OF CIVIL SERVICE COMMISSION ....................................................... ............................... 10 HISTORIC PRESERVATION COMMISSION .................................... ............................... 11 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION ....... ............................... 14 HUMAN RIGHTS COMMISSION ..................................................... ............................... 17 LIBRARY TRUSTEES. BOARD OF .................................................. ............................... 22 PARKS AND RECREATION COMMISSION ..................................... ............................... 24 PLANNING AND ZONING COMMISSION ........................................ ............................... 29 POLICE CITIZENS REVIEW BOARD ............................................... ............................... 35 PUBLIC ART ADVISORY COMMITTEE ........................................... ............................... 39 TELECOMMUNICATIONS COMMISSION ....................................... ............................... 41 YOUTH ADVISORY COMMISSION ................................................. ............................... 42 SENIOR CENTER COMMISSION .................................................... ............................... 43 REVIEW, BOARD OF ........................................................... .............................46 BOARD /COMMISSION ROSTER .............................................. .............................47 STAFF CONTACTS Adjustment, Board of ............................... ............................Bob Miklo . .......................356 -5240 Airport Commission .............................. ............................... Michael Tharp .................. 356 -5045 Airport Zoning Board of Adjustment ..... ............................... Michael Tharp .................. 356 -5045 Airport Zoning Commission ......................... ........................Michael Tharp .................. 356 -5045 Appeals, Board of ...... ............................... ............................Tim Hennes ..................... 356 -5122 Civil Service Commission ..................... ............................... Karen Jennings ................ 356 -5025 Historic Preservation Commission ....... ............................... Bob Miklo . .......................356 -5240 Housing and Community Development Commission .......... Steve Long ......................356 -5250 Human Rights Commission .......................... .......................Stefanie Bowers ............... 356 -5022 Library Trustees, Board of ......................... ..........................Susan Craig ..................... 356 -5200 Parks and Recreation Commission ........... ...........................Mike Moran ...................... 356 -5110 Planning and Zoning Commission ........... ............................Bob Miklo . .......................356 -5240 Police Citizens Review Board ............... ............................... Kellie Tuttle ...................... 356 -5043 Public Art Advisory Committee ................... .........................Marcia Bollinger ............... 356 -5237 Review, Board of ................................... ............................... Dennis Baldridge .............356 -6066 Senior Center Commission ................... ............................... Linda Kopping .................. 356 -5225 Telecommunications Commission ........ ............................... Bob Hardy .......................356 -5047 Youth Advisory Commission ................. .........................Marian Karr .................... 356 -5041 3 BOARD OF ADJUSTMENT GENERAL RESPONSIBILITIES The Board of Adjustment is empowered through Chapter 414 of the Code of Iowa and Section 14 -46 of the Iowa City Code to grant special exceptions as provided in the Zoning Chapter and to hear appeals to decisions made in the enforcement of the Zoning Chapter. The Board has the authority to allow variances to the Zoning Chapter for individual properties where provisions of the Chapter impose a unique and unnecessary hardship on the property owner and where the granting of a variance is not contrary to the intent of the Zoning Chapter or to the public interest. The Board may also submit recommendations to the Planning and Zoning Commission and the City Council regarding amendments to the Zoning Chapter. The Board is a quasi - judicial body whose decisions may be appealed to District Court. ACCOMPLISHMENTS IN FISCAL YEAR 2012 July 1, 2011 —June 30, 2012 During FY12 the Board of Adjustment met 11 times, approving 15 special exceptions and denying one variance. Two new members were appointed to the Board during this fiscal year. Special Exceptions: Case Number Date Case Summary EXC11 -00006 8/10/2011 Special exception to allow a drive - through restaurant in the Community Commercial (CC -2) zone at 1035 Highway 1 West. APPROVED. EXC11 -00008 8/10/2011 Special exception to allow a drive - through restaurant in the Community Commercial (CC -2) zone located at 710 Highway 1 West, east of Hawk Ridge Drive. APPROVED. EXC11 -00004 8/17/2011 Special exception to allow a reduction in the rear principal building setback requirement for property located in the Medium - Density Single - Family Residential (RS -8) zone at 1026 Fairchild Street. APPROVED. EXC11 -00007 9/14/2011 Special exception to allow a concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420th Street and south of Liberty Drive. APPROVED. EXC11 -00009 9/14/2011 Special exception to establish a drive - through use to be located in the Community Commercial (CC -2) zone at Gateway Plaza at Highway 1 West and S. Riverside Drive. APPROVED. EXC11 -00011 1/11/2012 Special exception to allow up to three parking spaces for residential uses at 225 Iowa Avenue to be located on a separate lot in a municipal parking facility in the Central Business (CB -10) zone. APPROVED. EXC12 -00001 2/8/2012 Special exception to locate a communication transmission facility in the Neighborhood Public (P -1) zone at 2901 Melrose Avenue. APPROVED. EXC12 -00002 3/28/2012 Special exception to allow a reduction of the required front yard setback for property located in the Low Density Single - Family (RS -5) zone at 1215 Pickard Street. APPROVED. 0 EXC12 -00003 4/11/2012 Special exception to allow above ground structured parking for two vehicles and to allow 12 required parking spaces to be provided off -site in a municipal facility for a proposed mixed use building to be located in the Central Business (CB -10) zone at 114 South Dubuque Street. APPROVED. EXC12 -00005 4/11/2012 Special exception to reduce the required width for a parking aisle for Variances: Case Number Date Case Summary VAR12 -00002 12/14/2011 A variance from the minimum lot area requirement for a duplex use in the RNS -12 zone located at 331 North Gilbert Street. DENIED. PLANS FOR FISCAL YEAR 2013 The Board will continue to consider appeals, special exceptions and variances to the Zoning Chapter as they are requested and to make recommendations to the Planning and Zoning Commission and the City Council regarding the Zoning Chapter. The Board will update its procedures. the preservation of a historic property located in the Planned Development Overlay / Neighborhood Stabilization Residential (OPD /RNS -20) zone at 108 McLean Street. APPROVED. EXC12 -00006 4/11/2012 Special exception to expand the existing drive - through facility on property located in the CC -2 (Community Commercial) zone at 2440 Mormon Trek Boulevard. APPROVED. EXC11 -00005 4/11/2012 Special exception to expand the existing drive - through facility on property located in the Community Commercial (CC -2) zone at 804 South Riverside Drive. APPROVED. EXC12 -00007 5/9/2012 Special exception for a temporary drive - through banking facility on. property located in the Community Business Service (CB -2) zone at 509 South Dubuque Street. APPROVED. EXC12 -00008 5/9/2012 Special exception for a drive - through banking facility on property located in the Community Business Service (CB -2) zone at the southeast corner of the intersection of Clinton and Harrison streets. APPROVED. EXC12 -00009 6/13/2012 Special exception to convert a non - conforming use in the Medium Density Single Family (RS -8) zone at 1018 Walnut Street to another non- conforming use (a Building Trade Use). APPROVED. Variances: Case Number Date Case Summary VAR12 -00002 12/14/2011 A variance from the minimum lot area requirement for a duplex use in the RNS -12 zone located at 331 North Gilbert Street. DENIED. PLANS FOR FISCAL YEAR 2013 The Board will continue to consider appeals, special exceptions and variances to the Zoning Chapter as they are requested and to make recommendations to the Planning and Zoning Commission and the City Council regarding the Zoning Chapter. The Board will update its procedures. AIRPORT COMMISSION GENERAL RESPONSIBILITIES The Iowa City Municipal Airport Commission is a five - member commission responsible for formulating policy and directing administration of the Iowa City Municipal Airport as a public facility in accordance with local, Iowa Department of Transportation and Federal Aviation Administration regulations. The Commission was established by public referendum under Iowa Code in 1941. The Commissioners are appointed by the Mayor and approved by the City Council. Commission members serve a four (4) year term of appointment. The Airport Commission meets monthly, with additional meetings as necessary. ACTIONS AND ACCOMPLISHMENTS IN FY2012 Continued implementation of Strategic plan for FY11 -FY15 Complete second part of terminal building rehab, which called for building tuck - pointing and masonry repairs Continue development of Airport Viewing Area. Sold Lot #17, 16 Began construction of Runway 7/25 Parallel Taxiway with grading phase projects Continue positive relationship with City Council and City Departments Began construction of new storage hangar "L" Completed work on runway rehabilitation projects Hosted Ford Tri- Motor, SERTOMA, and EAA Young Eagles events at Airport GOALS FOR FISCAL YEAR FY2013 Complete Hangar L project Complete construction of parallel taxiway project for runway 7 -25, paving & lighting Continue marketing of Aviation Commerce Park Continue positive relationship with City Council and City Departments Complete electrical and security related projects Continue rehabilitation work on terminal building Final phase of the project is to rehabilitate roofing AIRPORT ZONING BOARD OF ADJUSTMENT Ici4L1 1;II:7_1■ 1491i]d1111411Yd141 In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co- established the Johnson County -Iowa City Airport Zoning Board of Adjustment. It is the duty of this Board to hear and decide appeals where it is alleged that there has been an error in any administrative action in the enforcement of the ordinance, and to hear and decide on special exceptions that are specifically provided for in the ordinance and to authorize variances from the terms of the ordinance on appeal in specific cases. ACTIONS AND ACCOMPLISHMENTS IN FY2012 The Board did not receive any appeals requests for exceptions or requests for variances during the past year. GOALS FOR FISCAL YEAR 2013 The Board will respond to appeals and other requests as it receives them and will make recommendations regarding the Zoning Ordinance. AIRPORTZONING COMMISSION GENERAL RESPONSIBILITIES In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co- established the Johnson County -Iowa City Airport Zoning Commission. It is the duty of the Commission to advise and make recommendations to the Board of Supervisors and the City Council as to the appropriate zoning requirements and other matters pertaining to the physical development of areas of the county and the city surrounding the Iowa City Municipal Airport, so as to maximize compatibility between airport uses and the uses of the adjacent land. ACTIONS AND ACCOMPLISHMENTS IN FY2012 The Commission did not meet in the past year GOALS FOR FISCAL YEAR 2013 The Commission will review zoning requests that may impact the Iowa City Municipal Airport BOARD OF APPEALS GENERAL RESPONSIBILITIES The responsibility of the Board of Appeals as set by City ordinance is to review the Building Code, the Fire Code, the Plumbing Code, the Mechanical Code, and the National Electrical Code and recommend amendments for these regulatory codes; to assist the building official in making interpretations; to hear appeals for any person that is aggrieved by a decision of the Building Official or Fire Chief and pass judgment on that appeal; and to consider alternate materials and methods of construction. The Board consists of five citizens who live within the corporate limits of the City of Iowa City. ACCOMPLISHMENTS IN FISCAL YEAR 2012 The Board recommended the following Iowa City Board of Appeals By -Law changes to City Council: 1. That the number of Board of Appeals members be reduced from seven (7) to five (5) persons. 2. Opening up to qualified trade representatives if no professional applies or is appointed after three months. 3. Opening up to two non - residents if no residents apply after three months. Council determined not to approve item 3 of the recommended changes and approved and adopted the other by -law changes. PLANS FOR FISCAL YEAR 2013 ♦ Continue to work with the Home Builders Association to clarify code issues. ♦ Review and prepare for adoption of the latest edition of the building, plumbing, electrical, mechanical and fire codes. ♦ Monitor state contractor licensing requirements and make any necessary amendments to the local requirements to avoid conflict with the state requirements. ♦ Hear appeals, requests for variances and modification, requests for alternate materials and methods of construction and requests for code amendments. CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Code of Iowa and Section 2 -111, Code of Ordinances, establish and govern the Civil Service Commission. Three citizens who are eligible electors and residents of the city are appointed by the City Council to serve four -year terms. The Commission establishes and publishes rules relating to examinations for civil service positions, establishes guidelines for conducting such examinations and certifies lists of persons eligible for appointment to positions. The Commission has jurisdiction to hear appeals and determine all matters involving the rights of employees under civil service law and may affirm, modify or reverse any administrative action on its merits. The Commission meets when necessary. ACCOMPLISHMENTS IN FISCAL YEAR 2012 1. A review and update of the Civil Service Commission Policies and Procedures was conducted in September 2011. 2. In maintaining compliance with Code of Iowa Chapter 400, development and use of Civil Services selection procedures continued for all covered positions on a City -wide basis. Twenty positions were filled from a total of 208 applicants for civil service covered positions other than Police Officer or Firefighter. 3. Recruitment activities up to and including candidate pre- screening and most testing were conducted for the position of Police Officer. The full process spanned the transition from FY12 to FY13. As the hiring list was certified in FY13, data will be reported on the next fiscal year's report. PLANS FOR FISCAL YEAR 2013 1. A certified list of 35 names was approved by the Civil Service Commission on July 3, 2012, for the position of Police Officer. 2. During FY13 the Civil Service Commission will oversee the promotional process for the positions of Police Sergeant, Police Lieutenant and Police Captain, certifying a list for each position in Fall 2012. 3. During FY13 the Civil Service Commission will oversee the promotional process for the positions of Fire Lieutenant, Fire Captain, Fire Battalion Chief and Deputy Fire Chief, certifying a list for each position in Fall 2012. 10 HISTORIC PRESERVATION COMMISSION ;H4�14:7_1■ 191i]dE91711YYI The 11- member Iowa City Historic Preservation Commission is authorized to conduct studies for the identification and designation of local historic districts, conservation districts and historic landmarks. The Commission proceeds on its own initiative or upon receipt of a petition from any person, group or association. The Commission furthers the efforts of historic preservation in the city by making recommendations to the City Council and City commissions and boards on preservation issues and encourages the protection and enhancement of structures, objects, or sites with historical, architectural or cultural value; and by encouraging persons and organizations to become involved in preservation activities. The Iowa City Historic Preservation Commission is committed to cooperating with area governing bodies and working with other preservation organizations to implement a strong educational program designed to increase awareness and sensitivity to the cultural, architectural and historical value of local structures, neighborhoods and districts. The Commissions reviews building permits for landmarks and properties within historic and conservation districts. The Commission and staff work to assure compliance with historic preservation standards and guidelines and seeks economical and sustainable methods of assuring long -term preservation of historic buildings and neighborhoods. FIT1101 U9111 9:Iu1401Y &11011dEY�L1�'1�_1 ➢ Held 13 regular meetings ➢ Pursuant to the Historic Preservation Ordinance, the Commission and /or staff reviewed 80 projects on historic landmarks and properties located in a conservation or historic district: • 33 applications for Certificates of Appropriateness (COA) were approved by the Commission. 2 applications for a COA were denied by the Commission. 17 applications requiring Intermediate Review for a COA were approved by the Commission Chair and Staff. 5 applications requiring Minor Review for a COA were approved by Staff. 23 applications for projects that did not significantly change the exterior appearance of the property were approved (Certificate of No Material Effect) by the Commission Chair and Staff. ➢ At the request of FEMA participated in the Section 106 review and the Memorandum of Agreement (MOA) regarding the permanent relocation of the University of Iowa Art Building, Hancher Auditorium, Voxman School of Music and Clapp Recital Hall. ➢ On November 18, 2011, The Historic Preservation Commission, Friends of Historic Preservation, and the Johnson County Historical Society held the 291h Annual Historic Preservation Awards. A total of 21 properties were recognized for the preservation and stewardship efforts of owners, contractors, craftspersons, consultants, and community organizations. Awards were given in five categories: Residential Rehabilitation, Paint and Exterior Finishes, Additions and New Construction, Stewardship and Special Mention. A selection of recognized properties is presented follow. 11 Paint & Exterior Finishes Paint & Exterior Finishes Paint & Exterior Finishes 430 South Summit Street Owners: Connie and Craig Champion Contractor: Pat Brenneman Residential Rehabilitation 420 East Jefferson Street Owner: Avrohom Blesofsky Contractor: Tom Quigley, Quigley Construction Residential Rehabilitation 609 Brown Street Owners: David Suter and Dawn Doering - Suter Stewardship 821 Church Street 826 East Davenport Street Owner: Owners: Aaron Gwinnup Todd Weissenberger and Cynthia Hernandez Contractors: UniverCity Neighborhood Partnership Pat Barten, Southgate Construction D.W. Hayden, D.W. Hayden Painting I]I_1dE']Id�] ld(:'Iw111\7�1 ilrFkA 417 Brown Street Owners: Michael Lewis -Beck and Sara Sauers Contractor: Dan Brawner ➢ Pursue the designation of the Jefferson Street National Historic District as a local Historic District Overlay (OHD) zone. ➢ Pursue the designation of the Melrose Neighborhood as a local Historic District Overlay (OHD) zone. ➢ Continue to advise City Council, and other boards and commissions regarding matters of historic preservation policy. 12 ➢ Continue liaison and cooperation with the City Council, Johnson County Board of Supervisors, Iowa City /Coralville Convention and Visitors Bureau, Johnson County Historical, Society, Johnson County Historic Preservation Commission, State Historical Society of Iowa, and Friends of Historic Preservation. ➢ Meet with the University of Iowa Campus Planning Committee to discuss the Historic Preservation Plan and goals for the preservation of the University's historic structures. 13 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION GENERAL RESPONSIBILITIES The Housing and Community Development Commission (HCDC) consists of nine Iowa City residents appointed by the City Council. They represent, as nearly as possible, a cross - section of the Iowa City population in background, ideas, geographic location, age and socioeconomic status. Committee members serve for three years. The purpose of HCDC is to advise the Council on community needs in general and on the use of Community Development Block Grant (CDBG) and HOME Investment Partnership program (HOME) funds from a citizen viewpoint. To accomplish this HCDC provides systematic communication between citizens and policymakers with regard to community development projects. The Commission's work has been primarily directed at developing, coordinating, and reviewing the City's activities carried out in conjunction with the City's Consolidated Plan (CITY STEPS). In addition, the Commission reviews the Community Development Division and Iowa City Housing Authority policies and periodically makes recommendations to the Council regarding these policies. ACCOMPLISHMENTS IN FISCAL YEAR 2012 In FY12 the City of Iowa City and its sub - recipients expended $2,402,893 in CDBG funds and $864,797 in HOME funds on 49 projects that assisted low- moderate income persons. To ensure that community needs are met, HCDC members monitored projects throughout the year. The City's annual CDBG entitlement amount is approximately $630,000. In May and July of 2011 the City received $2.7 million in CDBG program income. Aniston Village, LP, a Low Income Housing Tax Credit Project in Iowa City, was awarded $2.9 million in Iowa CDBG Disaster Recovery Housing Funds through the Iowa Economic Development Authority (IEDA) to finance the construction of 22 homes for affordable rental housing. When Aniston Village LP secured permanent financing, $2.7 million was repaid to the City and IEDA allowed the City to retain the funds as program income to be used in the City's regular CDBG entitlement program. This amount represents over four times the City's annual CDBG entitlement amount. Due to the inclusion of these funds, many projects initiated in FY12 will be completed in FY13 and leverage and beneficiary information will be reported at that time. The following projects were funded due to the program income received from the IEDA: Wetherby Condos South LLC (Rental Rehabilitation), Shelter House (Rental Rehabilitation), Isis Investments LLC (Rental Housing), City of Iowa City, Fairmeadows Park (Splash Pad and Improvements), Crisis Center (Facility Rehab.), Iowa City Free Medical Clinic (Exterior Renovation — Completed), Iowa Valley Habitat for Humanity (Property Acquisition — Employment Training), and Visiting Nurse Association (Property Acquisition). FY12 project accomplishments are as follows: ♦ Leveraged $4,080,495 in private and public funds ♦ Economic Development Fund — Reviewed seven applications; funded three businesses that expect to create 16.0 FTEs. Staff continued to market the fund to the community and local lenders ♦ Rehabilitated 26 owner occupied homes ♦ Constructed and sold five homes to income eligible homebuyers ♦ Provided down payment assistance to 20 households ♦ Provided tenant based rental assistance to 21 families ♦ Assisted 1,995 persons who are homeless with support services and shelter upgrades ♦ Provided operational funding to non - profits that assisted 10,849 persons 14 ♦ Completed improvements to nine non - profit facilities. The mission of these agencies includes assisting those with disabilities, the youth, with substance abuse problems, those in crisis and those in need of health services. PLANS FOR FISCAL YEAR 2013 A total of $1,794,322 was allocated to 15 projects, plus program administration for FY13. The following is a list of the upcoming projects: ♦ Property Acquisition for Rental Housing -Charm Homes LLC, $61,650 ♦ Rental Rehabilitation - HACAP, $290,014 ♦ CHDO Operating Expenses -The Housing Fellowship, $19,260 ♦ Acquisition & Rehab. for Homeownership - Habitat for Humanity, $90,000 ♦ Owner - occupied Housing Rehabilitation -City of Iowa City, $400,000 ♦ Accessibility - Community Mental Health Center, $100,000 ♦ Facility Rehabilitation - Crisis Center, $160,000 ♦ Facility Rehabilitation - DVIP, 176,076 ♦ Playground - HACAP, $40,000 ♦ Security Improvements - MECCA, $12,500 • Facility Rehabilitation - Neighborhood Centers, $111,500 • Economic Development Fund, City of Iowa City, $67,000 • Operational Funds -Aid to Agencies, $91,000 In FY12, HCDC was asked by the City Council to review the Aid to Agencies applications and formulate a funding recommendation to the City Council. The City of Iowa City provides financial support to local human service agencies through the Aid -to- Agencies allocation in the annual budget. For FY12 that amount was $422,950. The sources of funding are the General Fund ($289,146), Community Development Block Grant ($105,000), and Water and Wastewater utility bill abatements ($28,804). The agencies primarily use these funds for operational expenses such as utilities, staff salaries and supplies for their programs. The following agencies received FY12 Aid to Agency funds: • Arc of Southeast Iowa, $2,000 • Big Brothers Big Sisters, $32,000 • Compeer, $5,000 • Consortia for Youth Employment, $14,000 • Crisis Center, $40,000 • Domestic Violence Intervention Program, $52,000 ♦ Elder Services, Inc., $54,000 ♦ 4 C's, $2,000 ♦ Four Oaks, $1,000 ♦ Free Lunch Program, $2,000 ♦ Free Medical Clinic, $7,500 ♦ Housing Trust Fund, $8,000 ♦ MECCA /ICARE, $18,950 ♦ Mayor's Youth, $10,000 ♦ Neighborhood Centers, $60,000 ♦ Rape Victim Advocacy, $12,000 ♦ Red Cross, $6,000 ♦ Shelter House, $36,500 ♦ United Action for Youth, $60,000 15 Combined, these agencies served over 26,000 persons in Johnson County. Depending on the agency, 50 -85% of the clients served were Iowa City residents. In FY13, the City awarded $391,829 to Aid to Agencies which provided funding to 16 agencies. These funds consisted of $274,173 from the General Fund, $91,000 from CDBG and $26,656 from Utility User Fees. The commission will continue to assess Iowa City's community development needs for housing, jobs, and services for low and moderate income residents, and to promote public and private efforts to meet such needs. 16 HUMAN RIGHTS COMMISSION History The Iowa City Human Rights Commission (HRC) was established in August 1963 as the Iowa City Human Relations Commission. In comparison, Des Moines established a Human Rights Commission in 1955, Davenport in 1962, Dubuque in 1963, Sioux City and Mason City in 1964, the State of Iowa in 1965, Waterloo in 1966 and Ames in 1974. Commission Nine residents of Iowa City are appointed by the City Council for three year staggered terms. The Commissioners, all committed to civil rights, reflect a broad cross section of the community, thus ensuring diversity of ideas and interests. In the appointment process consideration is given to men and women of various racial, religious, cultural, social and economic groups within the City. Meetings The Commission annually elects a Chairperson and a Vice -Chairperson and holds monthly meetings in the Helling Conference Room at City Hall on the third Tuesday of each month at 6:00 p.m. Special meetings are held as needed. The meetings are open to the public. Staff There are two full time staff, a Human Rights Coordinator and a Human Rights Investigator. General Duties Educate the public on illegal discrimination and civil rights. Provide the enforcement necessary to further the goals of the Human Rights Ordinance. Cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of the Human Rights Ordinance. Coordinate programs designed to eliminate racial, religious, cultural and other intergroup tensions. Activities, Education & Outreach of Commission and Staff for Fiscal Year 2012 • Host Iowa: A State of Immigration Display. Student Legal Intern. • Co- Sponsor Faces of Iowa City. The Struggle for LGBT Rights in Uganda: Reverend Mark Kiyimba. League of Women Voters of Johnson County — Series on US Constitution. Juneteenth Celebration. Strengthening & Valuing Latino Communities in Iowa Conference. Life Behind the Iron Curtain from A Czech & Slovak Perspective Program. • Sponsor 28`h Annual Iowa City Human Rights Commission Awards Breakfast. Building Blocks to Employment Job Fair. A Panel of Parents & Youth of Color. Youth Awards. 17 • Participant /Attendee Diversity Focus Shift Series: Sir Ken Robinson. Dealing with Difficult Employees Webinar. Protect Your Computer, Protect Yourself. Data Risks Facing Municipalities Today Program. University of Iowa National Coalition Building Institute Affiliate Training. Laying Claim to Our Spirit: History Makers Gala. Dr. Martin Luther King, Jr. Celebration of Human Rights Planning Committee. Save Our Spaceship — Environmental Responsibility Action & Awareness. My Beautiful Self. Johnson County Young Women's Seminar. Dr. Martin Luther King, Jr. Unity March. Wealth Inequality as a Civil Rights Issue: Notes from Legal History. Off Campus Housing Fair. Iowa Women's Music Festival. Police Citizens Review Board Community Forum. Celebrate International Women's Day: Iowa United Nations Night of 1,000 Dinners. Understanding & Managing High Conflict Personalities in Legal Disputes. University of Iowa College of Law — Diversity Panel. Return to Mayberry — Play. Million Hoodie March for Trayvon Martin. University of Iowa's Celebrating Cultural Diversity Day. Open Records & Meeting Laws Board Training. University of Iowa College of Law Professionalism & Diversity in Practice. National Americans with Disabilities Symposium. Employment Law Webinar. Understanding the Adolescent Mind & the Development Impact of Trauma. All about the Benjamins Series. Bystander Intervention Skills for Difficult Situations Workshop. Lighting the Way for Justice & Peace. • Presenter Black American Gothic. Iowa City Noon Lions Club. Iowa City Sertoma Club. Iowa City in Focus. University of Iowa Human Rights Class. Iowa N.E.W. Leadership. Overview of the Complaint Process The City Code of Iowa City prohibits discrimination in education, housing, employment, public accommodation and credit. The characteristics covered are: age, color, creed, disability, familial status *, gender identity, marital status, national origin, presence /absence of dependents *, public assistance source of income *, race, religion, retaliation, sex, and sexual orientation. *Housing only M Staff of the Human Rights Commission investigate complaints alleging discrimination. Staff serve as a neutral fact finder and do not represent either party in the complaint process. 1. Filing: The complainant (the person who alleges the discrimination) fills out, signs and dates a complaint form. 2. Jurisdictional Review: A dated and signed complaint is reviewed by staff to determine whether it meets the legal requirements of the Iowa City Human Rights Ordinance. A complaint must be filed within three - hundred days of the last discriminatory act. a. If the complaint does not meet jurisdictional requirements, the complainant is notified and the complaint is closed. 3. Notice: A copy of the complaint is mailed to both the complainant and the respondent within twenty days of the file date along with a questionnaire and document request. 4. Answer: The respondent is required to answer the allegation of discrimination and submit any requested records or relevant documents within thirty days of receipt. 5. Right to sue: After the complaint has been on file for sixty days, the complainant has the option of pursing the matter in a state district court. If this option is taken, staff close the complaint and no further action is taken. 6. Screening: All information is reviewed to determine whether further investigation is warranted. 7. Further Investigation: Both complainant and respondent may be interviewed and additional records requested. Witnesses and other persons with knowledge concerning the allegations in the complaint may also be contacted and interviewed. When the investigation is complete, the investigator will analyze all the collected information and write an investigative summary with a recommendation at the end as to whether probable cause exists. 8. Finding: The Human Rights Coordinator reviews the complaint file and the investigative summary and makes a final decision on whether probable cause exists. a. If probable cause is found, the complaint will move to conciliation. b. If probable cause is not found, staff informs both the complainant and respondent of the basis for the decision. 9. Conciliation: The Human Rights Coordinator attempts to conciliate or settle the complaint. 10. Public Hearing: When conciliation is unsuccessful, the complaint will be reviewed by the City Attorney who shall form an opinion as to whether the complaint is litigation worthy and make a recommendation to two Commissioners. If both members of the Commission wish to proceed contrary to the recommendation of the City Attorney, the Commissioners may authorize the Human Rights Coordinator to do so. Complaint Statistics Please note some complaints filed in fiscal year 2011 were closed in fiscal year 2012. Some complaints which were filed in fiscal year 2012 had not been closed by the end of fiscal year 2012, creating the difference in numbers between those opened and closed. Most complaints filed cite more than one basis for discrimination so totals will equal more than fifty nine. 19 Complaint Activity COMPLAINTS FILED BY PROTECTED CHARACTERISTIC COMPLAINTS FILED BY AREA Credit FY 2011 FY2012 Age 10 15 Color 16 13 Creed 1 1 Disability 16 22 Familial Status 3 8 Gender Identity 0 2 Marital Status 0 5 National Origin 11 3 Presence /Absence of Dependents 3 7 Public Assistance Source of Income 5 1 Race 25 19 Religion 4 4 Retaliation 18 19 Sex 6 8 Sexual Orientation 2 3 COMPLAINTS FILED BY AREA Credit 2 0 Education 2 3 Employment 33 30 Housing 8 14 Public Accommodation 5 12 Total Cases 50 59 RESOLUTIONS Mediated* 6 2 No Probable Cause 9 7 Administrative Closure 3 8 Right To Sue* 2 0 Lack of Jurisdiction' 4 5 Satisfactorily Adjusted* 0 0 Withdrawn 2 2 Total Number of Resolutions 26 24 1 `Lack of Jurisdiction' refers to complaints that allege discrimination on a basis or in an area not covered by local law. Lack of jurisdiction could also include complaints that allege conduct/activity that even if true would not violate local anti - discrimination laws. Complainants are referred to appropriate agencies for assistance whenever possible. Examples would include Wage & Hour, the Family Medical Leave Act, or Workers Compensation. 20 *Complaints that are mediated, satisfactorily adjusted or where a right to sue is requested reflect complaints that could have been probable cause determinations. Summary Employment is still the largest area in which complaints were filed (30), followed by housing (14) and public accommodation (12). Disability (22) is the most common characteristic cited for the alleged discriminatory conduct. Race and retaliation tie for second (19) followed by age (15). It took, on average, 222 days to resolve complaints in fiscal year 2012. In comparison, (33) complaints were filed in the area of employment, (8) in housing and (5) in public accommodation in fiscal year 2011. The characteristic cited the most was race (25) retaliation was the second most cited reason (18). It took, on average, 113 days to resolve a complaint in fiscal year 20112. Employment is still the largest area in which complaints were filed, followed by housing and public accommodation. In Fiscal Year 2010, there were 28 complaints filed in the area of employment. Housing had 13 and public accommodation had 9. Disability which includes mental and physical is the most common characteristic cited for the alleged discriminatory conduct. However if you merge mental and physical disability, race is the most common characteristic with 19, with mental and physical disability each having 14 separately. Illegal retaliation and sex follow with 18 and 9 respectfully. 212 days was the average number of days to resolve complaints in Fiscal Year 2010. Plans for Fiscal Year 2013 ♦ Sponsor public forums on issues pertinent to human & civil rights in the community. ♦ Update educational materials on civil rights. Make sure materials are available in large quantity to all in the community. ♦ Translate outreach materials into Spanish. ♦ Offer training on local anti - discrimination law. ♦ Provide fair housing training to City Boards and Commissions. ♦ Outreach to the community on how to file a civil rights complaint. 2 Resolution time in Fiscal year 2011 versus 2012 is influenced by a few factors including additional staff, higher number of mediated complaints and the number of right to sues issued. 21 LIBRARY BOARD OF TRUSTEES GENERAL RESPONSIBILITIES The Board of Trustees of the Public Library is a semi - autonomous body of nine persons empowered by state law and city ordinance to act as the governing body of the library. The Board's specific list of legal responsibilities includes: • determining the goals and objectives of the Library in order to plan and carry out library services • determining and adopting written policies to govern all aspects of the operation of the Library • preparing an annual budget and having exclusive control of all monies appropriated by the City Council and the Johnson County Board of Supervisors or given to the library through gifts, bequests, contracts, grants or awards • employing a competent staff to administer its policies and carry out its programs The Board is also an arm of City Government with members appointed by the City Council and its principal operating funds approved by the City Council. The Board therefore seeks at all times to work in harmony with City policies in all areas that do not conflict with its statutory powers. /_CddOJ AI91F9:I AI40Y &i;101A9F'IV_1\I;r_1t *Z11 IN 1. Approved plans for Library Interior Renovations project, secured city CIP for $100,000 in FY13 and FY14. Bids were let and a general contractor hired. 2. Opened Tech Center at the Police Substation and Pepperwood Plaza to improve computer access in southeast Iowa City. 3. Advocated for operating budget needs during the budget process. 4. Approved anew AFSCME labor agreement. 5. Continued support of the Iowa City UNESCO City of Literature nonprofit through financial and in -kind contributions. Participated in the Iowa City Book Festival, Day in the City of Literature, BookMarks, and the One Book Two Book children's literature festival. 6. Presented community events and displays during the U.S. Olympic Team wrestling trials that brought many people to the library and educated the public about wrestling. 7. Supported the innovative Local Music Project that highlights area musicians and offers their music for download to primary cardholders. 8. Renewed 28E contract for service with Johnson County. 9. Increased children's early literacy efforts, including presenting a Book Babies series at Mercer Recreation Center and adding an additional Book Babies program in the library. 10. Supported staff reorganization to improve customer service. 11. Worked with the Iowa City Public Library Friends Foundation to provide support for the Library. 22 12. Reviewed and updated the following policies: 102 Policy Making & Policy Review 103 Membership in Professional & Civic Organizations 504 AFSCME Contract 700 Community Relations Policy 701 Public Relations 704 Cardholder Database 802 Confidentiality of Library Records 803 Event Board 804 Public Pamphlet Distribution 805 Displays for Public Use 808 Art Advisory Committee 810 Discussion Rooms GOALS FOR FISCAL YEAR 2013 1. Complete Phase I of the Interior Renovations project. 2. Support Friends Foundation efforts to increase contributions to the Library to fund the building project and provide other needed support to service and programs. 3. Accomplish strategic plan goals. 4. Adopt an alcohol use policy if the City Council removes the restriction on alcohol use in city buildings. 5. Adopt a new Purchasing Policy. 6. Consider customer service impacts when reviewing library policies. 7. Strengthen communication with City Council, contracting bodies, library users, and community members. 8. Support the Iowa City UNESCO City of Literature and the Iowa City Book Festival. 9. Review and update policies as needed. 23 PARKS AND RECREATION COMMISSION GENERAL RESPONSIBILITIES The Parks and Recreation Commission recommends and reviews policies, rules, regulations, ordinances and budgets relating to parks, recreation, government buildings, central business district, cemetery and forestry, and makes such reports to the City Council as the Commission deems in the public interest. The Commission also exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. ACCOMPLISHMENTS IN FISCAL YEAR 2013 ♦ Received copies of regular monthly reports from the Parks, Forestry, CBD, Recreation and Cemetery Divisions, providing the Commission with valuable insight into the daily operation of each division. ♦ Received weekly and monthly reports from the Director on the progress of all- ongoing projects, construction, etc. ♦ Conducted annual tour of parks and facilities. ♦ Recommended to City Council approval of Recreation Division Fees and Charges proposed for FY12 and tentative proposals for FY14 -16 ♦ Reviewed and prioritized the department's proposed Capital Improvement Projects for FY2013 -2016, and recommended same to City Council. ♦ Reviewed the department's proposed FY13 operating budget requests. ♦ Continued efforts to acquire additional personnel to maintain and develop parkland, trails and open spaces, with emphasis on a Natural Areas Specialist. ♦ Projects and special events completed in FY11 include: July 2011 • The July Commission was cancelled due to lack of quorum. August2011 • Neighbors in support of designating the Chadek Property as parkland were present at the August Commission meeting. The City was awarded $280,000 in CDBG funds for this property based on an appraisal that the City had received. The family also had an appraisal done which came back at $601,000 and have since put the property on the market for $769,000. Commission agreed to continue negotiations with the family. • Ryerson Woods Park is nominated as a State Biological Preserve. • The Farmers Market Strategic Planning Committee continues to meet and develop a long range plan for the market. • Contractor was awarded the College Green lighting project bid. • Construction continues at Terry Trueblood Recreation Area (TTRA) with the placement of the roof on the park shelter • Construction of North Market Square redesign begins August 15. IM • TTRA Fundraising committee hires Della McGrath to assist in the process • It is determined that the Ned Ashton Property located off of Normandy Drive will be sold to the City. Because this home is on the historic preservation list, it must be preserved. It is determined that this may become a location for weddings, reunions, meetings, etc. • Commission accepted the proposed parkland in the Palisades Subdivision to satisfy the open space requirements. Based on the size of the property. 0.54 acres of open space is required to satisfy the open space ordinance. September 2011 • Commission begins discussion with neighbors regarding the proposed levee at Taft Speedway. • Joan Jehle offers her services to help raise funds necessary to assist the City in the purchase the Chadek Property. • CIP prioritization discussed by Commission. • Recreation Center renovations begin with painting interior and exterior of the facility. Also repainting of the pool including adding the Parks and Recreation logo was completed. • Projects moving ahead as planned include College Green lighting project, North Market Square Park redesign, Court Hill Park restroom facilities and the Kiwanis Park playground renovation. • Napoleon to TTRA Trail near completion. • City continues negotiations with Dwight Seegmiller regarding the purchase of the Ned Ashton property. October 2011 • Occupy Iowa City group attends Commission meeting to discuss their presence at College Green Park. A special meeting scheduled for later in October for this group solely to talk with the Commission. • Commission goes on annual parks tour. • Occupy Iowa City meeting scheduled for October 19. None of the group attended the meeting. Commission discussed their concerns. November 2011 • The Commission Chair, Director of Parks & Recreation and City Manager met with Occupy Iowa City Group at College Green Park. • Occupy Iowa City group has been given a permit to occupy College Green Park with restrictions. • College Green lighting project complete. 25 • The Commission reviews and accepts the FY2013 revenue proposal for the Parks and Recreation Department as presented. • Over 1000 people attended the Parks and Recreation annual Halloween Parade and Carnival. • Cara Hamann is appointed new Commission Member beginning January 2012. • Grant Wood Market Place (a winter farmers market) begins at Grant Wood Elementary School. This market is scheduled the first and third Saturdays of each month November through April from 2 -4 p.m. December 2011 • Clay Claussen is nominated and elected as the Parks and Recreation Commission Chair. • Maggie Elliot is nominated and elected as Vice -Chair of the Parks and Recreation Commission. • FEMA requires an Adaptive Reuse Study and Flood Mitigation Plan be completed before renovations and usage of the Ashton House can begin. • Chadek family writes letter to Director informing him that the family will continue pursuing other buyers for the property. • City negotiates the purchase of Rodgers Property. • Farmers Market Strategic Planning Committee met with City Council to update them on their progress. January 2012 • Public Works staff gives presentation of the proposed Taft Speedway levee project. • The division looks at ways to increase the number of garden plots offered at Wetherby Park. • Jeff Schott from the University of Iowa Institute of Public Affairs is hired to assist in preparing a final strategic plan for the farmers market. • The final design phase of the lodge at TTRA is complete. February 2012 • Occupy Iowa City permit expires. • U of I Students conduct and present results from a survey they did of the Iowa City Farmers Market vendors and customers. The group makes recommendations to Commission based on these results. • Parks and Recreation Department to receive a check in the amount of $15,000 from Wellmark from the three play program. This money is earmarked to increase toddler and youth fitness programs. • The City Council approves plan and specs for Phase 3 of TTRA. This phase includes the lodge at the south end of the park. • An open house is scheduled for members of the public to view the preliminary concept plans for the Normandy Drive restoration project. FIT • Occupy Iowa City reapplies for a park use permit, however, the City Manager does not approve their request based on them neglecting rules and regulations put in place when they were given previous permit. March 2012 • Commission review draft strategic plan for the Farmers Market. Commission decides to present the Planning and Community Development Department with a letter reflecting their desire to be involved with the future planning and development of the area surrounding the current location of the farmers market. • The bids for North Market Square are completed and Apex Construction was low bidder. Later it is determined that Apex is unable to provide the necessary material for the shelter. • A Fishing Derby at TTRA is scheduled for Saturday, March 31. Children younger than 16 can fish for trout as long as they are accompanied by a licensed adult. This event was quite successful with over 200 people attending. • The Normandy Drive open houses went very well with neighbors being very pleased with the plans. • The state approved necessary renovations to the Ashton House. • Director begins looking at replacing park signs with a more uniform design. • The Chadek family turned down the City's offer for their property. There may be more negotiations, however, the City will stand firm on their offer. April 2012 May 2012 • The department adds 30+ garden plots to Wetherby Park by dividing the west side plots in Y2, thereby increasing from 73 plots to 110. • The Commission approves the proposed strategic plan for the Farmers Market. The plan will be presented to City Council for their review and vote at a later date. • Construction of Court Hill restrooms to begin the week of April 16. • Repairs necessary at College Street Park have begun. The damage was caused by the tents etc. placed there by Occupy Iowa City. • Tricon awarded bid for TTRA lodge. Construction to begin April 27. • City purchases house east of Ashton House. This will provide additional space for parking. Iowa Public Television does a feature story on the Ashton House. • Director continues meeting with various neighborhoods about projects in their areas. • Department begins looking at alternate projects to use CDBG funds awarded to the department initially for purchase of the Chadek Property. • Commission discusses ideas of allowing alcohol at various public facilities such as the Ashton House and the future TTRA lodge. This requires an ordinance change. The Library and The Center voice their interest as well. 27 June 2012 • Parks and Recreation activity registration jumps 15% compared to previous year • Superintendent announces that department will again be awarded a $19,000 check from the Wellmark Three Point Program. These funds will be earmarked for a rock climbing wall at the Recreation Center Pool. These funds will also be used to enhance youth fitness programs. • The Parks and Recreation Department is looking at alternative projects to apply the CDBG funds to. The department is looking at the possibility of placing a splash pad at Fairmeadows Park. • Interested Commission members attend Institute of Public Affairs Training for Boards and Commissions. • The Cemetery supervisor proposes the addition of a memorial wall to Oakland Cemetery. This wall will memorialize those who have deeded their bodies to the University for research purposes. Commission approves his request. • A final walk- through of North Market Square scheduled for later in June. The neighborhood will hold an opening celebration at the park on September 9. • The Parks and Recreation Department schedules a dog swim at City Park. Proceeds will go to the Animal Foundation. Im PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES • Act as the Zoning Commission of the City. • Direct surveys and studies to be conducted and maps, plans, or plats to be made compliant with the City's Comprehensive Plan and zoning regulations. • Recommend amendments and supplements to the City Council for the Comprehensive Plan, Zoning Chapter and Subdivision Regulations. • Make recommendations to the City Council on development proposals, such as planned developments, subdivisions, street vacations and annexations. ACCOMPLISHMENTS IN FISCAL YEAR 2012 During FY12 the Planning and Zoning Commission held 14 informal and 21 formal meetings. During the period of July 1, 2011 to June 30, 2012, the Commission made the following recommendations to the City Council: Rezonings: 12 Recommendations for Approval Case Number Date Case Summary REZ11 -00005 7/21/2011 Rezoning from Planned Development Overlay Medium Density Single Family (OPD -8) zone to Planned Development Overlay Low Density Multi - Family (OPD /RM -12) zone for approximately 10.0 acres of property located at 350 Dublin Drive. REZ11 -00012 9/15/2011 Rezoning from Neighborhood Stabilization Residential (RNS -12) zone to Central Business Service (CB -2) zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation). REZ11 -00013 9/15/2011 Amendment to the Planned Development Overlay High Density Single Family (OPD /RS -12) zone to allow ground floor residential uses in lieu of commercial space and to remove the requirement to build 20 garage spaces shown on the original approved plan for approximately 2.73 -acres of property located at 2785, 2829, and 2871 Heinz Road. REZ11 -00016 10/20/2011 Rezoning from Commercial Office (CO -1) zone to Low Density Multifamily (RM -12) zone for approximately 1.15 acres of property located at 911 N. Governor Street. REZ11 -00009 11/3/2011 Rezoning from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone for approximately .88 acres of property located at 2218 Rochester Avenue. F REZ11 -00019 11/17/2011 Rezoning from Low Density Single - Family Residential (RS -5) zone to Rural Residential (RR1) zone for approximately 4.3 acres of property located at 1920 Prairie du Chien Road. REZ12 -00002 2/16/2012 Rezoning from Neighborhood Stabilization Residential (RNS -20) zone to Planned Development Overlay / Neighborhood Stabilization Residential (OPD /RNS -20) zone for approximately 1.25 -acres of property located at 108 McLean Street. REZ11 -00020 2/16/2012 Rezoning to amend the Planned Development Overlay Plan of the Peninsula Plan for approximately 82 acres along Foster Road. REZ12 -00003 3/15/2012 Rezoning from Intensive Commercial (CI -1) zone to Community Commercial (CC -2) zone for approximately 1.02 -acres of property located at 2440 Mormon Trek Boulevard. REZ09 -00003 5/3/2012 Rezoning from Medium Density Single Family Residential (RS -8) zone to High Density Single Family Residential (RS -12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. REZ12 -00007 5/3/2012 Rezoning from Public (P) zone to Community Business Service (CB -2) zone for approximately 1.3 -acres of property located south of Harrison Street between Clinton Street and Dubuque Street. REZ12 -00010 6/21/2012 Rezoning from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone for approximately 2.7 acres of property located at Benton & George Streets. Subdivisions: 5 Recommendations for Preliminary Plat Approval SU B11 -00007 7/7/2011 Stone Bridge Estates Part Ten, a 27 -lot, 8.06 acre residential subdivision located on the west side of Taft Avenue, north of Huntington Drive. SUB11 -00013 9/15/2011 Saddlebrook Meadows Part 2, a 21 -lot, 3.57 acre residential subdivision located at Whispering Meadows Drive and Pinto Lane. SUB11 -00015 11/17/2011 Mackinaw Village Part 4, a 16 -lot, 3.84 acre residential subdivision located at Mackinaw Drive and Foster Road. SUB11 -00017 2/16/2012 Peninsula Neighborhood Phase 3 and 4, a 44 -lot, 17.37 -acre residential subdivision located at Foster Road and Willenbrock Circle. SUB12 -00001 2/16/2012 Peninsula Neighborhood Phase 5, an 8 -lot, 2.0 -acre residential subdivision located on Foster Road and Walker Circle. 30 10/6/2011 Amendments to the sub - divider's agreement regarding requirements for escrow accounts and secondary street access for Saddlebrook Part 2. Conditional Use: 1 Recommendation for Approval CU12 -00001 05/17/12 An application submitted by Croell Redi -Mix Inc. to establish a portable concrete batch plant to support the paving operations on Interstate 80 on Lot 3 Sharpless Subdivision located at 5085 Herbert Hoover Highway NE. Urban Renewal: 2 Recommendations for Approval Date Summary 07/07/11 Scott Six Urban Renewal Area to add approximately 188 acres of property located east of the Scott Six Industrial Area along 420th Street. 09/15/11 Riverfront Crossings Urban Renewal Plan for approximately 45 acres of property bordered by Highway 1 on the south, Myrtle Drive on the north, the Iowa River on the east and generally Orchard Street on the west. Code Amendments: 13 Recommendations for Approval 07/07/11 Amendments to Title 14, Zoning Code including: 1.) Site development standards for the Central Business Service (CB -2), Central Business Support (CB -5) and Central Business (CB -10) zones: 2.) Clarification regarding setback and frontage requirements for properties that front on City Plaza; 3.) Clarification of standards for off -site parking for Household Living Uses in the CB -10 Zone; 4.) Flexibility to adjust required storefront depths in the CB -10 Zone; 5.) Deleting the limitation on the amount of surface and ground -level parking allowed in the CB -5 Zone; 6.) A requirement in the CB -10 Zone for the first two floors of new buildings to be constructed to accommodate commercial uses; 7.) A requirement in the CB -10 Zone that the first two floors of a building be built to the side lot line; 8.) Standards for the location of residential entrances in mixed use buildings; 9.) Standards for Auto Repair in the Intensive Commercial (CI -1) Zone located within 100 feet of a residential zone boundary; 10.) Side yard setbacks in commercial zones and 11.) Adding a cross reference for administrative approval of off -site parking in commercial zones. 07/21/11 An amendment to the Zoning Code to clarify the definition of enlargement /expansion as it relates to alcohol sales- oriented uses. 07/21/11 An amendment to the Zoning Code to allow pet supply stores in the Intensive Commercial (CI -1) zone. 09/01/11 An amendment to Article 14-4A of the Zoning Code adding a new Use Category, Building Trade Uses, which would include contractors that specialize in certain building trades as distinguished from the heavier construction uses that are considered Industrial Service Uses, and an amendment to allow Building Trade Uses as provisional uses in the Community Commercial (CC -2) zone. 31 09/01/11 An amendment to the Zoning Code to allow an applicant to seek a minor modification to paragraph 14- 2A- 6C-4., the single family site development standard that requires garages or carports to be located so as to provide a driveway at least 25 feet in length between the entrance of the garage or carport and the street right -of -way, in cases where the lot configuration, topography, or other physical aspect of the lot makes the application of this standard impractical. 10/06/11 An amendment to Article 14 -26 of the Zoning code to provide a density bonus for Elder Apartment Housing. 02/02/12 Amendments to Title 14, Zoning, Article 4E, Nonconforming Situations, that would simplify the process for regulating nonconforming development, such as parking areas, screening, landscaping, outdoor lighting, and similar as alterations are made to a property. 02/16/12 Amendments to Title 14, Zoning, Subsection 14- 2C -80, Bonus Provisions, adding a floor area bonus for constructing Class A office space on upper floors within a multi- story building in a Central Business Zone. 03/15/12 An amendment to Title 14, Zoning, Article 9A, General Definitions, changing the definition of "household" as it applies in the RM -44, FIRM, RNS -20, RM -20, and CO -1 zones, so that the maximum number of unrelated persons allowed to reside within a dwelling unit is three, which would make the definition the same as currently applies in all other zones in the city. 03/15/12 Amendments to Title 14, Zoning, to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in the multi - family zones and in commercial zones that allow multi - family dwelling units and establish new residential density formulas in multi - family zones and in commercial zones that allow multi- family dwelling units. 03/15/12 Amendments to Title 14, Zoning, Article 5A, Off- Street Parking and Loading Standards, to increase the number of required parking spaces for multi - family dwelling units that contain three or more bedrooms when located within a designated University Impact Area (UTA). 06/21/12 An amendment to Title 14, Zoning Code, to exempt blocks with three or fewer home lots from front setback averaging. Comprehensive Plan Amendments: 4 Recommendations for Approval Date Summary 09/01/11 Amend the Comprehensive Plan to adopt the Riverfront Crossings Sub - Area Plan. CPA11 -00003 9/15/2011 Amend the Comprehensive Plan to change the land -use designation from Single - Family Residential Stabilization to Urban Commercial for 32 property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MiclAmerican substation located on the west side of Linn Street. 12/15/2011 Amend the Comprehensive Plan to change the boundary of the Northside Marketplace to exclude properties at 228 & 232 Bloomington Street and 311 & 313 N Linn Street. CPA12 -00002 6/21/2012 Amend the land -use designation from single - family /duplex residential to medium -to- high - density multi - family for property located north of Benton Street between George and Streb Streets. Vacations: 3 Recommendations for Approval VAC12 -00001 4/5/2012 Vacation of the street right -of -way located adjacent to 1 -8 Melrose Place. VAC12 -00003 5/17/2012 An application submitted by Marc Moen for a vacation of the public right -of -way located adjacent to 114 S Dubuque Street. VAC12 -00004 6/21/2012 An application for a vacation of the public right -of -way of Spring Street. Self - Supported Municipal Improvement District: 1 Recommendation for Approval 09/15/11 SSMID for property located within the Central Business (CB -10) zone (Downtown) and the Central Business Service (CB -2) and the Central Business Support (CB -5) zones generally located north of Iowa Avenue ( Northside Marketplace). Major Site Plan Review: 1 Approved 06/07/12 A major site plan for a proposed multi - family building on property located at 201 N. 1st Avenue (Montclair Apartments). Designation of Historic Landmark: 1 Recommendation for Approval 03/15/12 Designation of 308 McLean Street (former St. Thomas More Parish House) as a Historic Landmark. Plans for Fiscal Year 2013 1. Complete the Comprehensive Plan Update. 2. Complete the Downtown and Riverfront Crossings and Plan. 3. Review of CB -10 zone requirements including setbacks and height limits. 33 4. Draft Urban Mixes Use Zone for Riverfront Crossings, Towncrest and other areas. 5. Review RM -44 Zone and neighborhood stabilization issues. 6. Revise nonconforming situations regulations to create a trigger point for bringing properties into compliance with site development standards based on the value of the improvements being made to the property. 7. Add bonus provisions for CB -10 Zone to allow FAR to exceed 10. 8. Review woodland buffer requirements. 9. Review Comprehensive Plan land use map for properties on Governor Street north of Happy Hollow Park. 10. Draft entryway overlay zone or standards for properties at the major entrances to the City of Iowa City. 11. Research prohibiting or limiting residential development in the flood hazard area. 12. Review Comprehensive Plan land use map for Roosevelt School. 34 POLICE CITIZENS REVIEW BOARD lei 4014 :7_1aRM0910F111.111Y11I *9 Established in 1997, by ordinance H97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. /_T01 11 DJ 1111 *1F110 I a 1 F9: h 140 Y &12;101 A 9;19711 \7 ;ra1 W14) i] Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY12 the Board held eleven meetings and one Community Forum. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and was available for any questions Board members had regarding these reports. Presentations In May of 2012 the Board held its fourth Community Forum as required by the City Charter. The PCRB Legal Counsel, Catherine Pugh, gave a brief summary on the history, laws governing, investigations, and the name change for the PCRB. There were ten members of the public that spoke at the forum. Topics of discussion included the following: Laws governing the PCRB, and potential changes to the ordinance and operating procedures. Board Members In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice - Chair. Peter Jochimsen resigned and was replaced by Kingsley Botchway in May of 2012. COMPLAINTS Number and Type of Allegations Six complaints (11 -02, 11 -03, 12 -01, 12 -02, 12 -03, 12 -04) were filed during the fiscal year July 1, 2011 —June 30, 2012. Three public reports were completed during this fiscal period (11 -01, 11 -02, 11 -03) and one complaint was dismissed (12 -02). The remaining complaints filed in FY12 are pending before the Board (12 -01, 12 -03, 12 -04). Allegations Complaint #11 -01 35 1. Officers did not respond in a timely manner after her 911 calls for assistance. Complainant asserts that officers arrived almost 20 minutes after the shift change of 11:OOpm. NOT SUSTAINED. PCRB Annual Report FY 2012 — Approved 08/14/12 —2 2. No audio /video from in -car cameras from responding officers. NOT SUSTAINED. 3. Officers made untrue statements in the submitted written reports. NOT SUSTAINED. 4. Improper conduct /treatment by responding officers during interaction with her. NOT SUSTAINED. 5. The Complainant stated that Officer C was untruthful in telling her that three guns had been recovered. NOT SUSTAINED. 6. Officer C made false statements in his report. The report stated the Complainant used profanity when referring to the Cedar Rapids juveniles and was more interested in cleaning up the mess in the clubhouse than speaking with officers. NOT SUSTAINED. 7. Officer C inquired of her personal information while a possible suspect was seated in the back of the patrol car and overheard the conversation. NOT SUSTAINED. 8. Not being told by Officer C that she was going to be charged with Disorderly House and questioned why a warrant was issued for her arrest. NOT SUSTAINED. 9. Officer C called A &M Management apprising them of the damage and telling them that he was going to charge the Complainant for the damages. NOT SUSTAINED. 10. Officer A had made false statements in his report. Report indicated that Complainant had yelled at him and that he made the statement that he was not going to speak with her if she continued to yell. The Complainant asserts this remark was in response to her asking for his name and badge numberto report him to the police chief. NOT SUSTAINED. 11. Officer B made false statements in his report that the Complainant made remarks and comments about the police being worthless. Complainant denies making this statement and asserts the officer did this to get back at her since she was calling the chief of police for how she was treated. NOT SUSTAINED. 12. Officer D called the Complainant's employer with the intent of getting her fired. NOT SUSTAINED. 13. Officer D contacted A &M Management in an effort to get them to file charges and informed them that charges were already pending against her. NOT SUSTAINED. 14. Officer D interviewed and questioned juveniles at the schools about alcohol and guns without parent consent, a violation of school board policy. NOT SUSTAINED. Complaint #11 -02 1. Complainant stated that he was threatened with arrest by Officers. NOT SUSTAINED. 2. Complainant stated that he was intimidated by the Officers. NOT SUSTAINED. Complaint #11 -03 36 1. Officer A followed him, harassed him, and looked for more reasons to fine and arrest him. The complainant asserts that he abided by all of the officer's instructions and was compliant. He states he was mistreated, hand cuffed and Officer As written statement was false and created to get him in trouble. NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation: 2 Level b Interview or meet with complainant: 1 Level c Interview or meet with named officer: 1 Level d Request additional investigation by Chief or City Manager, or request police assistance in the Board's own investigation: 0 Level a Board performs its own additional investigation: 1 Level f Hire independent investigators: 0 The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the seventeen allegations listed in the three complaints for which the Board reported, none were sustained. The Board made comments and /or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #11 -03 Attempts to contact the complainant by the ICPD by phone on 11 -15 -2011 and 11 -17 -2011 were not answered in spite of leaving detailed messages. On 11 -17 -2011 a letter was sent with information as to how to contact the ICPD for an interview. Neither return calls nor correspondence have been received. Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY12 annual report a total of seven officers were involved with allegations against them. 37 ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category/Number of Complainants Age: Marital Status: Under 21:0 Single: 0 Over 21: 1 Married: 0 Unknown:2 Unknown:0 National Origin: Religion: US: 0 Unknown: 3 Unknown:3 Mental Disability Color: No: 0 White: 0 Yes: 0 Black: 1 Unknown: 3 Unknown:2 Physical Disability Sexual Orientation: No:0 Heterosexual:0 Yes:1 Unknown:3 Unknown: 2 Gender Identity: Female: 0 Male: 0 Unknown:3 Sex: Female: 1 Male: 0 Unknown:2 M PUBLIC ART ADVISORY COMMITTEE GENERAL RESPONSIBILITIES The Public Art Advisory Committee was formed in 1997 after the City Council established the Iowa City Public Art program initiated by the Arts /Business Partnership of the Iowa City Area Chamber of Commerce. The first meeting of the Committee was in 1998. The Committee is comprised of seven members who represent art professionals, the general community and City departments engaged in projects in which public art may be incorporated. The Committee was charged with developing the Iowa City Public Art Program, including by -laws for the Committee and procedures for the commissioning, procurement, maintenance, and deaccessioning of public art. ACCOMPLISHMENTS IN FISCAL YEAR 2012 • Received authorization from the City Council to fund the Grant Wood Neighborhood Association for a Neighborhood Art project in their neighborhood. Jill Harper, artist for the Washington Hills Neighborhood Association project at Pheasant Hill Park was contracted with to coordinate the project in cooperation with the neighborhood association. The project includes two pillars that will feature mosaic representations of drawings created by the Grant Wood school children. The mosaics will be produced by the City High students that live in the neighborhood and will be located on either side of the South Sycamore Greenway Trail that starts off of Lakeside Drive, across from Grant Wood School. • Worked with Leah de Matta, West High Student on producing a toucan design on a Donation Station. The donation station was on display in the Iowa City Public Library for several weeks but was damaged and removed from display. • Created the subcommittee to select authors for the North Marketplace Literary Walk, chaired by Jan Finlayson, Chairperson of the Public Art Advisory Committee. Forty (40) authors with some ties to Iowa were selected and featured on this literary walk. • Hosted the Dedication Ceremony for the North Marketplace Literary Walk alongside the first annual North Marketplace Oktoberfest Celebration on October 2, 2011. • Contracted with Anna Ullerich, original artist of the Dulcinea mural located on Iowa Avenue to make repairs to the mural needed because of stucco repair work necessary to the surface. • Coordinated the donation of four BookMarks statues; Treasure Island, Windows and Worlds, Literary Life in Iowa City and All the World's a Stage to the City of Iowa City for purposes of displaying these BookMarks in the downtown area and City Park. • Completed the tenth year of Poetry in Public selecting poetry from hundreds of submissions by both adults and youth for display in the downtown kiosks, recreation centers, Senior Center, Iowa City Public Library, Sycamore Mall and on City buses. All together 84 poems were chosen. Poets selected for inclusion in the Poetry in Public project were again invited to participate in Artsfest by reading their poem on Saturday, June 2. 39 • Completed the third year of the Poetry in Public Art program which offers the opportunity to area artists to create artwork based on poetry selected for the Poetry in Public program. Twenty -four pieces of artwork were submitted for the project and displayed in the windows of the Iowa City Public Library during Artsfest weekend. • Hosted the fourth annual KIDZTENT at the downtown Artsfest on June 3, soliciting participating artists to provide donation of their artwork so that children 12 and under could buy art. Prices were no higher than $5.00. Raised $290.00 to be donated to Summer of the Arts. • Discussed the creation of a mural on the north wall of the Dubuque Street Parking Ramp by artist Eliezer Sotillo which was then reviewed and approved by the City Council. The project, funded by Marc Moen was completed in June. • Discussed the interest by a local artist to paint a mural in coordination with other area artists to honor Hani Elkadi. Various locations were evaluated. Final decisions have not yet been made. • Working with the Downtown Association and area artists, oversaw the creation of artwork on benches on the downtown pedestrian mall. The project, Bench Marks will continue to require PAAC oversight and approval as all benches are eventually painted. .m TELECOMMUNICATIONS COMMISSION lei 40I4 :7_1aRM0@10F11:3111111V The Iowa City Telecommunications Commission (ICTC) is a City commission comprised of five Iowa City residents and is mandated to oversee and facilitate the smooth and effective operation of Iowa City's Broadband Telecommunications Network (BTN), the City's franchised cable television system, the City's designated cable access television stations and to advise the City Council on telecommunications related matters. The Commission makes recommendations to City Council in matters pertaining to the BTN, helps to resolves disputes about the operation of the BTN, conducts periodic evaluations of the BTN operations, and in general facilitates BTN use by citizens of Iowa City, which includes the provision of and promotion of the cable television access channels and community programming activities. I _C4dLi7LAI]1E9:1iiI Will &I1011aMOM ia Reviewed monthly the general activities and services of the Iowa City cable television service provider /franchisee including Iowa City cable subscriber service complaints and resolutions received by the Cable TV Administrator. Monitored activities of local cable access channels or operations; received and reviewed monthly, quarterly and annual program and progress reports from the Cable TV Administrator, City Channel 4, Interactive Channel 5, Library Channel 10, Kirkwood's Channel 11, the University of Iowa Channel 17, PATV Access Channel 18, Educational Channel 21, Senior Citizen Television (SCTV) and the Community Television Service. Reviewed and approved funding requests for local pass- through grants from local access channels for enhancement to services. Initiated investigation into high- definition transmission of local access channels. Supported re- negotiation of public access television service contract. Initiated information gathering and development of a survey regarding the type, amount, and customer satisfaction with, local area broadband services. Ongoing review of Federal and State legislative and regulatory activity related to cable television and other telecommunications industries with special attention given to efforts to legislate the Community Access Preservation Act ( "CAP Act ") designed to protect the rights of cities and their cable access television operations. Monitored National and State legal decisions or actions that might affect provisions of Iowa City's cable television franchise or cable access television operations. Continued to support and work with relevant national organizations regarding legal challenges to FCC rule making related to local franchising authorities' rights and responsibilities. 41 YOUTH ADVISORY COMMISSION GENERAL RESPONSIBILITIES Established in November of 2005, by Resolution #05 -371, the Iowa City Youth Advisory Commission (YAC) consists of seven members appointed by the City Council. Resolution # 08 -344 amended the by -laws on December 2, 2008, and required that all members be currently enrolled in an Iowa City high school or high school equivalent. Four members shall represent City, Regina, Tate, and West high schools. The three remaining members shall be at large. All members of the Commission shall be residents of Iowa City, and staggered two year terms begin January 1. The Council shall choose one council member to serve as the Council liaison and one council member to serve as an alternate liaison. The Council liaison shall attend the Commission meetings. The mission of the Youth Advisory Commission is to promote understanding and awareness of Iowa City among Iowa City youth; allow a select group of youth to help make decisions concerning them and their peers; enable youth members to utilize and expand on their leadership abilities to serve as a mechanism for communication between youth and adults in Iowa City; and create a bridge whereon youth and adults can develop partnerships. The Iowa City Youth Advisory Commission will empower, engage, and foster youth participation in its local community; more specifically to provide a "sounding board" for youth issues affecting the Iowa City community youth. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2011/2012 Meetings The YAC holds monthly meetings and special meetings as necessary. During the reporting period the Board held ten meetings. Accomplishments /Presentations /Projects • Revised Youth Recognition Grant application — Call • Awarded one (1) Youth Empowerment Grant to Regina Christmas Basket— Decll • Prepared budget and appeared before Council on request —Jan12 • Initiated, publicized and awarded (2) Recognition Grants presented at City Council meeting — Aprill2 • Coordinated, designed and staffed Brazil booth at the Arts Fest Global Village —Jun12 ABOLISHMENT At the August 21, 2012 Iowa City City Council meeting, Resolution #12 -367 was passed abolishing the Youth Advisory Commission (and repealing Resolution #05 -371 which established the Commission). 42 SENIOR CENTER COMMISSION GENERAL RESPONSIBILITIES The Senior Center Commission is comprised of seven members with renewable three -year terms. Six Commission members are appointed by the City Council. The seventh at -large member must be a Johnson County resident living outside of Iowa City. This person is appointed by a majority vote of the six Council appointees. Duties and powers of the Commission include serving in an advisory role to the City Council with regard to the needs of the Senior Center. Commission members make recommendations on policies and programs and join staff and other interested persons in seeking adequate financial resources for the operation of the Center. They encourage full participation of older adults in Center programs and activities and work to ensure that The Center is well integrated into the community. Commissioners encourage partnering with other organizations to meet the needs of older adults; serve in an advocacy role with regard to the needs of older adults; and assist the City Manager in the evaluation of personnel. ACCOMPLISHMENTS IN FISCAL YEAR 2012 ♦ Participated in the organization and implementation of the very successful celebration of The Center's 301h Anniversary in September 2011. The month -long celebration included a senior art show, member appreciation dinner, community dance, film festival, and week- long open house. ♦ Monitored The Center's membership program. Over the past five years, Center membership sales increased 63% to 1,587 at the end of FY2012. Membership sales generated $37,427 in operational revenue in FY12. Members who participated in The Center's discounted parking permit program generated an additional $17,663 in operational revenue during the same time period. ♦ Accepted the transfer of $23,632 in annual earnings from the Senior Center Endowment to support the FY12 operational budget. ♦ Encouraged and received in to the City- managed Gift Fund $745 in donations and bequests from participants and community members to support current and future operational expenses. ♦ Encouraged and expressed appreciation for volunteer fundraising efforts like the annual quilt raffle, the Senior Center Quilters, the telephone recycling project, bake sales, and community events. In FY12 these types of events raised $8,096 to support current operational expenses. ♦ Supported staff as they expanded community partnerships and obtained $4,500 in corporate sponsorships, and $5,340 from Friends of The Center to support and enrich programming. ♦ Collaborated with members of The Center's Steering Council and Working Committees to act proactively in a weak economic climate to diversify and strengthen The Center's revenue streams. Following joint meetings, focus groups with members, and meetings with city administration, the following actions were approved by the Commission and ultimately by the City Council of Iowa City: ✓ Membership fees were increased for the first time since implemented in 2003. They were increased in a way that reflects the amount of tax support provided by the member's place of residence. 43 ✓ Parking fees were increased. ✓ Established a fundraising goal of 25% of the operational budget in FY13. ✓ Work to modify existing city regulations in order to make room rental by outside groups more attractive. ✓ Promote Friends of The Center and donations to the Senior Center Endowment. ✓ Promote awareness of the low- income scholarship program. ✓ Hone fundraising skills. ♦ Supported the first annual Mac and Cheese fundraising dinner held in conjunction with the University of Iowa's Homecoming Parade. ♦ Participated in a new volunteer program, Candy for Soldiers, raising over $360 cash and over $250 in candy for service men and women overseas. ♦ Monitored the capital improvement project that stabilized and reset the two sets of stairs along the Linn Street side of the building. ♦ Supported the work of Friends of The Center by appointing three commission members to serve on the Board of Directors of Friends of The Center. ♦ Supported the work of The Center's Steering Council by appointing a commission member to serve as the liaison to the group. ♦ Approved actions taken to enhance building security by limiting afterhours exterior access to a single point of entry; specifically, the Washington Street Entrance. ♦ Encouraged the staff's decision to pursue national re- accreditation through the National Institute of Senior Centers, a subunit of the National Council on Aging. ♦ Conferred the third annual Outstanding Volunteer Award to Ray Heffner in grateful appreciation of his outstanding and dedicated service to The Center. Professor Heffner taught an exceptionally popular series of literature classes over a 16 year period at The Center. ♦ Endorsed staff efforts to develop and implement programming that reaches out to populations in the city and county that are underrepresented as participants in Center programming. ♦ Provided regular updates to the members of the Iowa City Council and Johnson County Board of Supervisors on Senior Center issues and activities. ♦ Supported promotional efforts to increase membership and educate the community about Center programs and services. ♦ Commended the staff for their success in developing a record number of innovative programs and their participation in numerous community -based initiatives, partnerships, and organizations that support successful aging. ♦ Supported staff efforts to provide meaningful learning experiences for University of Iowa students pursuing opportunities at The Center as a part of their academic training. These students represented diverse academic areas including Aging Studies, Social Work, and Multi - media. .. ♦ Supported the work and autonomy of the Senior Center Steering Council and Work Committees to promote meaningful participant involvement in the operation of The Center. ♦ Encouraged and supported staff involvement in a variety of community committees and work groups focusing on such things as a health fair, advanced care planning, community celebrations and events, livable communities, senior transportation, senior health issues, and other similar topics. ♦ Supported staff as they surveyed class and program attendees to determine if participation in these activities was having a positive impact on the lives of the participants. General information about the quality of the class was also collected. ♦ Reviewed and approved final revisions to the updated Operational Handbook 2012. ♦ Discussed and supported the general concept of serving alcohol at The Center under very tightly regulated conditions and limitations. PLANS FOR FISCAL YEAR 2013 ♦ Monitor the effectiveness of all fundraising activities; identify and cultivate potential supporters and contributors. Develop new strategies to promote donations to support Senior Center operations and programming. ♦ Monitor the accumulation and use of funds held in the City- managed Gift Fund. ♦ Support staff as they work to conduct a community wide assessment focused on The Center's current performance and the needs and interests of the 50+ population. ♦ Support staff and participate in the final stages of the national accreditation process sponsored by the National Institute of Senior Centers, a professional network of the National Council on the Aging, Inc. ♦ Actively solicit donations and support fundraising efforts to support the Center's current and future programming. ♦ Review and approve a plan presented by staff for phased interior upgrades to the building. ♦ Continue to support community partnerships to enrich programming and participation in community activities that promote recognition of The Center as a valuable downtown resource for seniors and other members of Johnson County. ♦ Further strengthen mechanisms for meaningful participant and community involvement in the operation of the Senior Center. ♦ Review the current lease agreement with Elder Services, Inc. for the use of space and equipment to operate the Senior Nutrition Program and make modifications if necessary. ♦ Support staff during the transition period to new software. 45 BOARD OF REVIEW lei 40I4 L14 7491U0F9I:111111I *" The Board of Review is established and governed by the Code of Iowa, Chapters 441.31 to 441.44, for the purpose of equalizing assessments by raising or lowering individual assessments as established by the Assessor. The Board also makes the final rulings each year on exempt properties. The Iowa Department of Revenue & Finance issues to the Board of Review a manual to guide them in their work, along with forms for the original meeting, daily meetings, and the final meeting. The Board must also file a report on their session with the State Director of Revenue & Finance within 15 days of adjournment. The Board's meetings are subject to the open meetings law. The Board also must include in their written notice to the petitioner the specific reasons for their actions. ACCOMPLISHMENTS IN FISCAL YEAR 2012 The following is a report on the activities of the Iowa City Board of Review since adjournment on May 19, 2011. The Iowa City Board of Review met on 4 days during the period of May 1 to May 23, 2012. The Board received a total of 105 petitions. These have been broken down by classification along with their outcome and are listed below. 71 Residential 3 Upheld 68 Denied 34 Commercial 20 Upheld 14 Denied 105 Total 23 Upheld 82 Denied For 2012 seventeen commercial properties were appealed to District Court. Three District Court appeals from 2011 are still pending. A new level of appeals was enacted into state law and became effective January 1, 2007. One commercial property appealed to the Iowa Property Assessment Appeal Board (PAAB) for 2012. PLANS FOR FISCAL YEAR 2013 Since the Board of Review hears only protests brought to them by others, there is no way to predict the amount of work for next year. But, because 2013 is a reassessment year, the workload is expected to be heavier than the session just finished. ., BOARD AND COMMISSION MEMBERS The City of Iowa City wishes to thank the board and commission members who have served the Iowa City community. The work of these volunteers aid the City Council and City staff by informing public policy and shaping the community. The City of Iowa City thanks you for your service, commitment, and time. Board of Adjustment Housing and Community Planning and Zoning Commission Caroline Sheerin Development Commission Carolyn Dyer Larry Baker Michelle Bacon Curry Charlie Eastham Brock Grenis Andrew Chappell Ann Freerks Will Jennings Cheryll Clamon Beth Koppes T. Gene Chrischilles Scott Dragoo Phoebe Martin Charlie Drum Paula Swygard Airport Commission Jarrod Gatlin John Thomas Richard Mascari Holly Jane Hart Tim Weitzel Howard Horan Jim Jacobson Minnetta Gardinier Michael McKay Police Citizens Review Board Jose Assouline Rebecca McMurray Donald King Christine Ogren Rachel Zimmerman Smith Joseph Treloar Royceann Porter Civil Service Commission Human Rights Commission Peter Jochimsen Lyra Dickerson Jessie Harper Kingsley Botchway Bill Cook Dan Tallon Melissa Jensen Paul Hoffey Orville Townsend, Sr. Elizabeth Cummings Kim Hanrahan Public Art Adviso Committee Advisory Harry Olmstead John Engelbrecht Historic Preservation Commission Dr. Howard Cowen D Diane Finnerty Jan Finlayson Thomas Baldridge Shams Ghoneim Melissa Mitchell Esther Baker Constance Goeb Mark Seabold Will Downing Susie Thurmond Shannon Gassman Library Board of Trustees Andrew Litton Thomas Martin Youth Advisory Commission David McMahon Holly Carver Alexandra Tamerius Pam Michaud Thomas Dean Edgar Thornton Ginalie Swaim Mark Edwards Caroline VanVoorhis Malin Craig Dana Thomann John Kenyon Jerry Gao Alicia Trimble Linzee Kull McCray Katherine Rapp Frank Wagner Mary New Matt Lincoln Robin Paetzold James Nepola Park and Recreation Commission Meredith Rich - Chappell Sam Fosse Allison Gnade Lucie Laurian Jay Semel Leah Murray Maggie Elliott Cara Haman 2011- Ross Wilburn, Council Liaison & John Westefeld Joe Younker Senior Center Commission Connie Champion, Alternate Council Clayton Clausser Daniel Benton Liaison David Bourgeois Chuck Felling 2012 - Rick Dobyns, Council Liaison & Michelle Payne, Alternate Council Liaison Aaron Krohmer Rose Hans Mark Holbrook Jay Honohan 47 Michael Lensing Sarah Maiers Board of Appeals John Roffman Andrea French Chad Campion Scott McDonough Matt Neumiller Board of Review Chuck McComas Haywood Belle Jane Downer Ernie Galer Dave Hintze Telecommunications Commission Matthew Butler Laura Bergus Hans Hoerschelman Nicholas Kilburg Alexa Homewood 4S Airport Commission ZP1�4 November 15, 2012 Page 1 MINUTES DRAFT IOWA CITY AIRPORT COMMISSION NOVEMBER 15, 2012 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Howard Horan, Rick Mascari, Chris Ogren, Minnetta Gardinier Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford, Jeff Edberg, Philip Wolford, David Hughes RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): CALL TO ORDER: Chairperson Assouline called the meeting to order at 6:00 P.M. APPROVAL OF MEETING MINUTES: Minutes of the October 18, 2012, meeting were reviewed. Ogren noted that on page two, under Airport Operations, the minutes state something about not understanding what was being said. Members agreed that the statement in parenthesis could just be removed. Mascari moved to approve the minutes of the October 18, 2012, meeting as amended; seconded by Ogren. Motion carried 5 -0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Commerce Park — Jeff Edberg addressed the Members, noting that the listing agreement is coming up for renewal at the end of December. He added that he has accepted a partnership position with Lepic - Kroeger Realtors and therefore the Commission needs to decide if they want to change the listing from Skogman to Lepic- Kroeger. He briefly explained Lepic - Kroeger's background and stated that he believes his partnership with them will be a positive for the Airport's needs. Members continued to discuss this situation, with Edberg responding to questions and concerns. Tharp stated that he believes they should continue with Edberg, that he has been very helpful in selling these lots. i. Consider a resolution recommending approval of agreement with Lepic - Kroeger Realtors to sell and lease property in Aviation Commerce Park — Gardinier moved to recommend Resolution #Al2 -34, approving an agreement with Lepic- Kroeger Realtors to sell and lease property in the Aviation Commerce Park. Horan seconded the motion. Motion carried 5 -0. Airport Commission November 15, 2012 Page 2 b. Fly Iowa — Tharp stated that he kept this on the agenda in case there was more to discuss. Ogren stated that she emailed the Director of the Children's Museum and received a reply stating that the Iowa Children's Museum would be 'super- excited to take part in Fly Iowa 2014,' and that she would be happy to meet with Ogren at some point to discuss this. Assouline brought up that they still need someone to step up and take the lead on this event. Mascari offered to get his friend's notes on the 2001 event to help them get started. Gardinier will check with a contact in Burlington about how the event was set up when they held it. Members continued to discuss the various activities they would like to see as part of the Fly Iowa event. Ogren asked if they shouldn't talk with the Barnstormers c. now about participation in the 2014 event. Gardinier noted that she has already begun talking with them, and that the upcoming EAA meeting will be a good place to bring it up. Mascari suggested they set up a subcommittee to start working on the Fly Iowa issues. Horan suggested it stay with the Events Subcommittee for now. Philip Wolford with Jet Air spoke about his experiences with such events and how they can handle activities. d. FAA/IDOT Projects: AECOM — i. 7/25 Parallel Taxiway Grading & Drainage — David Hughes addressed the Commission next. He stated they are still working with the contractor to get his final paperwork in. ii. 7/25 Parallel Taxiway Paving & Lighting — There was a meeting with the contractor today, and this project will be shut down for the winter, according to Hughes. iii. Airport Electrical Rehab — Hughes stated they met with the electrician this afternoon and did a punchlist on this project for all of the LED lighting. iv. FY2014 FAA Funding Pre - Applications — Hughes explained that this is the FAA's annual 5 -year project list, starting in 2014. The first project is the update of the Airport Master Plan, followed with obstruction mitigation around the airfield. Expansion of the main apron and connecting it into the taxiway system that is currently be constructed is next. Snow equipment storage building is in 2017, and then development of the south area. Hughes stated that the FAA then programs it out several years based on the data provided. Hughes then responded to Members' questions. Tharp noted that with the update to the Master Plan this will help them to move forward with all of this. Members agreed that Hughes should submit this documentation to the FAA. V. Hangar L — Tharp spoke briefly to this, stating that they are just about done with this. One of the things that has been asked of the Airport by the tenant in Hangar L is what kind of break he can get on his lease as he will be building a fairly extensive office in it. Members discussed this, questioning giving such a drop in rates. Mascari and Horan both weighed in on the matter, stating they believe the original contract should be followed. Tharp further explained what the request is: that the second five years remain at the same rental rate of $650, in exchange for the office space being built by the tenant. Questions were asked about what could happen if this business closes down the road and someone else comes in. Dulek responded to questions and concerns. 1. Consider a resolution approving an amendment to hangar #71 lease — Horan moved to recommend Resolution #Al2 -35 Approving an Amendment to the Hangar #71 Lease. Airport Commission November 15, 2012 Page 3 Gardinier seconded the motion. Motion carried 4 -1 (Mascari voting No). e. Airport Operations — i. Strategic Plan- Implementation — None. ii. Budget — 1 . Tharp noted that Members have in this week's packet a spreadsheet on the Airport's chart of accounts with the equipment shop regarding the fleet replacement. He attempted to clarify for Members how the City has this set up. Mascari asked about some of the items, such as the 1995 GMC dump truck. He asked if this is used only at the Airport, to which Tharp responded it is. Mascari asked if Tharp knew the mileage of this vehicle, as he believes they need to look at this differently. In other words, why replace vehicles per a schedule if they aren't getting that much use. Mascari spoke further to his desire to pay down the Airport's debt by changing some of these budget items. Assouline reminded others that this is not a business, that they have to follow the City's lead in how they run the Airport. The conversation continued, with Mascari being adamant that he believes this is not how they should be running things. He believes they should run things as a business would. Others stated that they believe it is a good idea to put money away each year in an equipment replacement fund, that basically this is a good standard practice to have. They could, however, make some tweaks to the various accounts under 'equipment.' iii. Management — 1. Alcohol in Airport Policy — Tharp spoke about this issue, noting that the City Council approved revisions to the city's alcohol policy which relaxed some restrictions and gave the ability of Boards and Commission to adopt policies to allow alcohol to be served in city buildings. Tharp stated that he and Dulek have reviewed the Library's policy and used it to craft a policy for the Airport Commission to review for approval. He asked if Members had comments or questions. Tharp explained what the process would be for approval of events that plan to serve alcohol. Members then discussed the wording of the policy. Ogren asked about the reason for the specific timing for requests, to which Tharp responded. Horan moved to approve the Airport Policy as amended. Mascari seconded the motion. Motion carried 5 -0. f. FBO / Flight Training Reports — i. Jet Air — Matt Wolford started the conversation, sharing the monthly report with Members. He noted that they are still working on the self -serve pump, as well as other minor maintenance issues. He also explained the cost of a fairly expensive hose that will get the fueling out to the taxiway in an emergency situation. Wolford then noted that their hangar is completed now and tenants have moved in, as well. They are keeping busy still and continue to see an uptick in business. Philip Wolford then spoke about their new hangar, stating that Matt did all of the leg work on getting it built. He then spoke to the Airport Master Plan and Airport Commission November 15, 2012 Page 4 the need to get the runway lengthened, stating that they need to add length in order to bring in those bigger planes. Members asked what the magic number is, and Wolford noted that 5,000 feet is what the pilots look for. Tharp noted that they may be able to come up with a way to add the length needed, that they will have to review this when they do the Master Plan. Mascari asked for some clarification on the runway length, and the Wolfords responded to his questions, explaining the limitations they are currently faced with. Tharp also clarified what they are faced with as far as being able to expand. ii. Iowa Flight Training — None. g. Subcommittee Reports — Horan stated that it looks like they need the subcommittee to tackle the Fly Iowa planning, to include static displays, Barnstormers, fly -bys, parachutists, and other activities as decided. He also noted that the subcommittee discussed the possibility of having a monthly event during the summer months, such as a bar- b -que, a steak burn, etc. Promoting the Airport is the goal here, according to Horan. h. Commission Members' Reports — Horan stated that he is pushing 44 hours in his flight training. He shared that he took some pictures recently of the taxiway progress and that he will get these to Tharp for posting. He also thanked Tharp for his presentation on the City Channel, stating that it was very well done. Tharp noted that there were several other stories done on the Airport, as well. Horan brought up that he believes they need to paint the fuel farm, as it is looking a 'tad scabby.' Gardinier stated that unofficially it is likely that Iowa City will get a fly -by in the 2014 Air Race Classic, that it would be an on- route stop. There will be a need for some volunteers at the time of the Race, but not to the extend as when Iowa City hosted the event. Mascari noted that the new lights at the Airport are 'fabulous.' He also asked if the runway lights are on a timer. Tharp noted that they run at dusk for about an hour and then after this they are pilot radio - controlled after that. Mascari stated that it doesn't appear they've been adjusted for daylight savings time, and Tharp will look into this. i. Staff Report — Tharp shared that he met with the City Manager and staff regarding the budget. One item that is being removed is the line item for the Airport's share of the Economic Development Coordinator's position. In exchange for this, however, they are also taking away that amount of general levy support. SET NEXT REGULAR MEETING FOR: The next regular meeting will be Thursday, December 20, 2012, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Horan made the motion to adjourn the meeting at 7:44 P.M.; seconded by Ogren. Motion carried 5 -0. CHAIRPERSON DATE Airport Commission November 15, 2012 Page 5 Airport Commission ATTENDANCE RECORD 2012 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o 0 0 W 0 � 0 � 0 U1 0 M 0 v 0 00 CD O N NAME EXP. m rn Ul C) Ul (0 � j m a) N 0 OD cn 0 N N N N N N N N N N N N N 03/01/13 Rick X X X X X X X X X X X X Mascari 03/01/14 Howard Horan X X X X X X X X X X X X Minnetta 03101/15 Gardinier X X X X X X O/E X X O/E X X Jose 03/02/16 Assouline O/E X X X X X X X X X X X Chris 03/01/14 Ogren NM NM NM NM NM NM NM NM X X X X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Ipg5 MINUTES PRELIMINARY BOARD OF ADJUSTMENT NOVEMBER14, 2012 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Will Jennings, Caroline Sheerin MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: None. RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by the Sheerin outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE OCTOBER 10, 2012 MEETING MINUTES: Baker moved to approve the minutes with minor corrections Jennings seconded. A vote was taken and the motion carried 5 -0. SPECIAL EXCEPTION ITEM EXC12- 00012: Discussion of an application submitted by Dudley Brothers Co for a reduction in the front setback requirement to allow the expansion of the front porch for property located in the Low - Density Single- family (RS -5) zone at 1613 Spruce Court. Walz showed the Board pictures of the Mark Twain neighborhood, where all the houses are of traditional style with uniform setbacks, which is approximately 20 feet. She said a number of the houses have a front deck that extends into the setback. She said she thinks that it's good to have the front decks and porches as they indicate friendly, neighborly owners, and they also add some articulation to these houses. She said it's a fully developed neighborhood so there is Board of Adjustment November 14, 2012 Page 2 of 4 nothing a setback reduction would get in the way of or infringe upon. She said the applicants had already started to build deck, 4 -17 feet, and then they decided they wanted to make this overhang into a porch. She said this will make a setback that is different from others on the street, but it is a pretty modest request. She said the most important specific criteria staff considers is if it is contrary to the purpose of the setback regulations, which deal with safety, privacy, impingement on neighbors. She said in this case, it's a modest request which will add value and character to the house. Staff is recommending approval of the request with two conditions: the applicant needs to secure a building permit, which the applicants are doing, and the structure must be constructed and maintained as an open air porch. Jennings said this is one of the standard points made by staff about porches, that they never be considered a sideways way to build an addition. Walz said the condition is added to make that clear. She said when property changes hands, this special exception would come up in an abstract search and someone would be aware that the porch was granted through a special exception. She said it would also become apparent if someone applied for a building permit. Sheerin opened public hearing. Sheerin closed public hearing. Jennings said this is a pretty uniform neighborhood and in the staff report it addressed the desirability of these sorts of structures. He said this might be something to encourage as noted in the staff comments that this might inspire others to do the same, and that comment suggests that porches on the front of houses makes the neighborhood more friendly, inviting more eyes on the street and more community feeling. Walz stated that in general, Planning encourages this kind of accessory use. Jennings said he thinks that is something different in this proposal than the other proposals he's seen about porches or decks in front of houses that have dealt with setback exceptions. He said he thinks this is a positive move. Jennings moved to approve EXC12 -00012 to reduce the front principle building setback from 20 feet to 16 feet in order to allow the applicant to construct an open air front porch requirement for property located at 1613 Spruce Court subject to the following conditions: 1. The applicant must secure a building permit. 2. The structure must be constructed and maintained as an open air porch. Crichilles seconded the motion. Baker said regarding item EXC12 -00012 he concurs with the findings set forth in the staff report of November 14, 2012, and concludes that the general and specific criteria are satisfied. Unless amended or opposed by another Board member, he recommends that the Board adopt the findings in the staff report as Board findings for the acceptance of this proposal. All the other Board members concurred with Baker's statement in support of the findings listed in the staff report. A vote was taken and the motion carried 5 -0. Board of Adjustment November 14, 2012 Page 3 of 4 Sheerin declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: Walz said she will be sending out updated Board procedure next month's packet. ADJOURNMENT: Jenning moved to adjourn. Baker seconded. The meeting was adjourned on a 5 -0 vote. W 20 U) W oW� Q z N Op Z W Q � mQ E O N0 O y (nz X C UJ � N N .� a N ccaDE N N N 2.0<Z o a Q II II Z II II W I� x002 W Y x x x x x c xxoxo N oxxxx xxxox M xxxox o>' x x x x x xx ; ox N xx i xx M Go LLI xx;xo r LLI xx �x CO Wvmmr (flvU')M 0:25 O O -�r- O O O W CL N N N N N W O O O O O N N C N N N N cn O �U•E� Co Ur N O N W mY�m.S O U O Q ` O _ Z co 1- U E O N0 O y (nz X C UJ � N N .� a N ccaDE N N N 2.0<Z o a Q II II Z II II W I� x002 W Y IP1g MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION NOVEMBER 8, 2012 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Baldridge, Esther Baker, William Downing, Shannon Gassman, Andrew Litton, Pam Michaud, Ginalie Swaim, Dana Thomann, Frank Wagner MEMBERS ABSENT: David McMahon STAFF PRESENT: Sarah Hektoen, Chery Peterson, Bob Miklo OTHERS PRESENT: Ted Heald, Miriam Belli, Michelle Wiegand, Mary Bennett, Mark Hartstack RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 818 S Summit Street. Peterson said this property is on the east side of Summit Street and showed a photograph of the front of the house; the back, which is the east; and the side, which is the south. She said the project involves roof repair and the replacement of three windows — one fixed window, a casement, and a slider. Peterson said that when the application arrived, the work had already been started. She said her conclusion was that the roof can be compliant without the overhang; it needs to be cut back so it matches the east overhang. Peterson stated that the windows are not compliant, and she did not have a chance to do any work with the applicant before the meeting. Ackerson asked what makes the windows non - compliant. Peterson responded that the windows do not match anything else on the house. Heald said he is the owner of this duplex that was built in 1895. He said it has been through a long history. Heald said the house was modified long ago and was clad with siding that is either aluminum or steel. He said it was rebuilt using bad materials and recycled materials sometime back in the 1940s. Heald said all the work that was done on the house when it was basically a lean to, back before zoning, was done with recycled wood. He said it was built with bad materials, and the roof has been leaking. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 2 of 16 Heald said he was having the routine inspection for the renewal of the rental permit, when they found a problem with one of the kitchen outlets. He said that is when they looked up in the drop ceiling. Heald said he did not know he had to get a permit to do this kind of deferred maintenance. He said it is just repairing and improving what once was. Heald said he is really in support of what the Commission is doing in keeping the neighborhood as beautiful as it is. He said however, he thinks that, even with the information that Peterson gave him, the building is considered non - historical, there are no original windows there, and it would be out of place to do anything like putting up shutters and weighted windows. Heald said he assumed his project was acceptable since the windows are not out of keeping with any of the other windows that are there — there are no original windows, because they were all replaced back when they didn't make things too well. He said this new work is not facing on the street; it faces an empty, large lot that faces on the train tracks. Heald said he is hoping for a determination that this has no material effect on the historic character that all of the neighbors are trying to preserve. He said he honestly did not know he needed a permit. Heald said even the Commission's own recommendation about windows addresses the situation where something has already been modified, and an owner does not have to go back to shutters and filigree like they had in the past. Peterson said the recommendation is that the roof could be modified to eliminate the deep overhang. She stated that the recommendation would be to deny a certificate of appropriateness for the windows; these windows were already installed when the application was received. Swaim said that one thing the Commission does to try to prevent this situation occurs in the spring, before the construction season begins, when a letter is sent out to all property owners in historic and conservation districts reminding them that if they are undertaking construction projects, that because they are in a district, if the project requires a building permit, the owner would need to go through the design review process with the Commission. She said she understood the owner undertook this because of an interior issue, and then one thing has led to another. Heald said he would regret having to change the overhang. He said the older one was falling down, and the new one is an improvement. Heald said he does not think it impairs the historical character of the building. He said he did not think he needed to go through this process, because the property is a permitted, non - conforming use, and all the windows are already long gone. Heald said there is nothing he was putting in that was violating any of that. He said the rest was just deferred maintenance. Wagner asked if a permit was pulled for the electrical work on the inside. Heald said that has already gone through. Wagner said the owner should have been notified at that time about the required Commission review. Miklo said that both the windows and the roof work would have required a building permit. He said the error was in not getting a building permit to do that work. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 3 of 16 Downing asked if the house is contributing. Swaim said that it is marked as non - contributing and non - historic on the application form. Peterson said that it is listed as contributing on the district map. She said she did not fill out the application form. Miklo said that contributing means that the property generally has its original, historic design. He said that it may have had some alterations, such as the siding, but the general form of the building is historic. Miklo stated that non - contributing or non - historic means that it has been changed to such an extent that one would not recognize it as an historic building or that it was built after a certain date. Downing said he also wanted to note that it is not because it is in an historic district that it requires a permit. He said this kind of work in any area of the City would require a building permit. Downing said it just happens that because the property is in an historic district, that permit also requires review by the Historic Preservation Commission. He said it is not because this property is on Summit Street that a permit is required; it is because the owner is replacing the roof and replacing the windows. Downing said the contractor should be aware of that also. Miklo said at this point, what staff is recommending is that the roof be approved. He said that on the porch, there is not quite the deep overhang, so this could be modified to match what is on the porch. Miklo stated that staff recommends that aspect of the project. He said staff will talk to the applicant about what is an appropriate window pattern and what was there before this work was done. Heald said the porch itself needs repair. He said that would be an exterior repair. Heald said the whole thing kind of slips down and could use improvement. Swaim said those kinds of issues could be discussed with staff when the owner is ready to address any other repairs or changes. She said that the Commission currently needs to discuss the issues of the roof and the windows. Michaud asked if there are photographs of what was present before the picture window. Heald said that he could not find any. He said this is not facing on the street and is not visible to passersby. Michaud said what is visible from the street and the alley is the overhang of the addition roof. She said it can be seen on the side facing the east; it is about a foot. Michaud said the south facing one should then also have a foot eave. MOTION: Michaud moved to approve a certificate of appropriateness for the application for the roof overhang for 818 South Summit Street, on the condition that the south overhang is cut back to match the overhang on the east side. Litton seconded the motion. The motion carried on a vote of 10 -0 (McMahon absent). MOTION: Litton moved to approve a certificate of appropriateness for the application for the three new windows at 818 South Summit Street, as presented in the application. Baker seconded the motion. The motion failed on a vote of 0 -10 (McMahon absent). Swaim asked Peterson if she could work with the applicant regarding the windows, including learning what type of windows were on the house originally. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 4 of 16 611 Oakland Avenue. Peterson said this property is in the Longfellow District. She said the project includes remodeling at the back of the house and the construction of a new, screened porch. Peterson showed photographs of the front and back of the house and the mudroom that would be remodeled. She said it is mostly just saving the foundation and the roof; everything gets rebuilt. Peterson said the screened porch would be added on to the west. Peterson said the report mentions the new skirting matching what is already on the front of the house. She said she included all of the drawings in the packet. Peterson showed the proposed plan in which the mudroom becomes part of the house and the porch is added. Peterson said the construction materials include fiber cement board siding and a plastic composite for the exterior floor decking. She said the applicant intends to recycle or reuse some of the original foundation blocks. Michaud asked if the outside entrance to the basement would no longer be functional. The applicant responded that that is correct; she said they are eliminating the exterior door that goes directly down the basement stairs. She said the clearance at that back door is narrow, and the door itself is very narrow and not used at this point. The owner said that is the only way to get into the basement directly from the outside, but there is also an interior door to the basement stair. Peterson said this seems to comply with all of the guidelines. She said there is a place in the guidelines that says the skirting should fit between the porch piers, and she mentioned that in the report as a suggestion. Peterson said that otherwise, everything is wrapped in the new skirting to match the front of the house. MOTION: Ackerson moved to approve a certificate of appropriateness for the application for 611 Oakland Avenue, as presented in the application. Baker seconded the motion. The motion carried on a vote of 10 -0 (McMahon absent). 512 South Summit Street. Peterson said this is a project for a skylight on the south slope of the roof of a house on Summit Street. The house is on the east side of the street. She said the dimensions are listed as 36 by 52, and she was unsure of the orientation - whether the width is 52 or 36. Peterson said it is not on a front elevation and seems to be compliant. She said she believes it will be flush with the roof in the same plane as the roof. Belli, the owner of the house, said the dormer is divided on the inside of the house. She said the room that is above the room downstairs has only that one little window — that is all there is in that room. Belli said the one in the middle is dead; it only goes into the attic. She said the third one that is farthest to the left gives onto the stairs. Michaud said she is a little hesitant, because there is a very pronounced architectural feature on the first floor, with the boxed -out bay. She said those are very strong vertical rectangles. Michaud said she thinks the 36 wide Velux will be disproportional to that. She said she also has HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 5 of 16 experience with skylights being quite a heat leak. Michaud said a skylight loses heat in the winter and gains it in the summer. She said whatever shape one would get, if it is a large one, she would suggest getting an insulated shade contained within. Michaud said she thought a narrower shape would give plenty of light without conflicting with the design of the existing very narrow, rectangular windows. Peterson said that 52 inches is also a big dimension for the vertical. She stated that 24 by 48 would be very generous. Michaud agreed that would add a lot of light, especially if it is on the south side. Belli said she would need to discuss any change in dimension with her husband. Michaud said it depends somewhat on how wide the rafters are, since they are the support structure of the roof. She said they are usually spaced for this age of house at 24 inches. Michaud said otherwise one would be cutting into them and reframing. She said it is probably better to stay within a rafter -width for the strength of the roof. Swaim said the Commission could stipulate that the final details would need to be worked out with staff. MOTION: Wagner moved to approve a certificate of appropriateness for the application for 512 South Summit Street, as presented, with the condition that the applicant meet with staff to determine how wide and tall the skylight will be. Baldridge seconded the motion. The motion carried on a vote of 10 -0 (McMahon absent). 518 Bowery Street. Swaim said this application has several items for review and came with the revised agenda. She asked the applicant if there are revisions to any items in the application. Hartstack said he will be doing the renovations to this building and also will be the property manager once it gets up and running. He said he represents Steven Rosenberg, the buyer of the property. Hartstack said they are not withdrawing any items, as far as he is aware. Peterson said this is the building that recently was designated as a local landmark. She showed photographs of the property, including the newer garage at the back that belongs on the property and the fence that connects the garage to the back, lean -to part of the building. Peterson said the proposal includes removing the garage and fence so that parking can be installed. Peterson said this building would be commercial in use. She said the application asks for approval of door replacement and window replacement in front and painting the metal roof. Peterson said that as part of this application, the side doors would be restored — the one that is blocked in with the plywood would be filled in with stucco, and the door with the transom is non- functional at this time. She said part of the application is to restore that door so that it is functional and would swing out as it would have historically. Peterson said that swinging the door out is problematic, because the alley is so close, and it is not code - compliant to swing the door out over the alley. She added that if the door were modified to swing in, it would be hitting the stairs. Peterson said her recommendation would be HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 6 of 16 to restore it from the outside but maintain the existing attic access the way it is now without an interior change. Peterson showed a plan of the building and how the door would have to swing out to function, if the interior stair was restored. She showed a section view of what the intact, original stair looks like. Peterson said that everything seems to meet the guidelines on the front, including taking down the awnings, replacing the front windows, and replacing the door. She said her only recommendation would be to provide more specific details on the products. Miklo stated that there is a building code that would not allow the door to swing out into the alley for safety reasons. He said the building is right on the property line, which is another reason the door should not swing out onto the public property or right -of -way. Swaim said the sale of this property is pending, and the applicant's representative is not representing the current owner. Wiegand said she is the current owner and was not aware of the current application until this last week and was just present at the meeting as an observer. Hartstack provided copies of a document from Rosenberg regarding issues they have had with the stairs. He showed the interior stair photo, commenting that the bottom three stairs on the right are plywood and were added at some point. Hartstack said they would like to return the stair to its historical correctness. He showed a handout of the original stairs, which are still there, and said he would like to restore them to their original configuration. Michaud asked if the steepness would be acceptable for the current code. Hartstack stated that Tim Hennes has told him that this would be considered storage or attic access, and the steepness of the stairs would be fine with him. Swaim said those kinds of interior questions would not be addressed by the Commission in any event. Hartstack said they would be using the upstairs for storage space. He said the goal is to create a retail sales space and return the store back to its original use. Hartstack said that if they remove the bottom two treads and return the stair to its historical correctness, that would make it almost impossible to access from inside the building. He said that to make it accessible, they would be required to open the door out into the alley. Hartstack read from Rosenberg's memo to Peterson, "Thank you very much for taking time on Monday to see 518 Bowery in person so you could better understand the conflict between code compliance and historic preservation that is posed by this building. As you know, we are seeking to return this 19th- century structure to both its historic form and its historic function to the maximum extent possible." Hartstack read on, "Towards that end, we have gotten necessary approvals from Planning and Zoning and the Board of Adjustment. It would appear as though the remaining issues lie in the hands of the Historic Commission, which will meet tomorrow night. We have had a chance to review your staff report, and we are of the opinion that it fails to fully acknowledge the conflict between historic preservation and code compliance that the Commission must decide. As you know, the building department of Iowa City, which privileges code compliance over historic preservation, has informed us the only way that the rooms in the attic can be legally reached is by tearing up the old stairwell and reopening up the alley door so that it opens inward." HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 7 of 16 Hartstack read on, "As you know, a portion of the 150- year -old crippled stairwell was sealed over within the last 50 years. As part of our efforts to historically preserve this building, we are requesting permission from the Commission to remove that false covering on the portion of the stairwell and restore the cripple stairwell to its original 19th century condition. As we read the guidelines, the Commission would not be fulfilling its responsibilities if it refused to grant us that permission and instead allowed the code compliance to be privileged and therefore compel us to rip up the stairway at the behest of the building department." Hartstack stated that Tim from the Building Department came down and informed them that the door would have to open in if it would be used. Hartstack said that Tim Hennes wanted them to take out the stairs and put a ladder in the ceiling. He said they are coming before the Commission to avoid that if possible. Hartstack returned to the letter, "Once a permission is granted, a second conflict between code compliance and historic preservation quickly rises to the surface. Just as the crippled stairwell fails to meet the current code because of its tread and configuration, once that stairwell is restored, the only functional access to the second floor would be to restore the entrance to the alley to its original condition as well. Restoring that entrance would require the door open out into the alley, as one cannot access the stairwell if the alley door opens in, and one cannot functionally access the second floor if the alley door does not open at all." Hartstack read on, "We recognize that this is not code compliant, but neither is the stairwell. While we understand opening the door to the alley is not code compliant, neither is it code compliant to preserve the stairwell. We also understand that one of the responsibilities of the Commission is to privilege historic preservation over code compliance. If the Commission were to adopt your staff report, recommending that the alley door stay sealed, while the stairwell be preserved, the Commission would be functionally denying us access to the second floor, as it is almost impossible to access the second floor, once the stairwell has been restored, other than through the historic access, through the alley, through the door opening out." Hartstack read on, "We do not believe it is within the authority of the Commission in the name of historic preservation to deny us any access to more than a third of the square footage of our property. We believe that that would represent a taking of property that is beyond the legal jurisdiction of this Commission. At the same time, we do not believe that the Commission has a right to deny our request to restore the stairwell, as we believe that the guidelines would mandate the preservation of the stairwell at our request." Hartstack continued to read, "Therefore, we would request that the Commission fulfill its function of privileging historic preservation over code compliance by granting us permission to return the stairwell and alley door to their original 19th century condition and function, opening outward into the alley as a means of access to the second floor through the stairs." Miklo said, as a point of clarification, that he does not believe that the building official is saying anything has to be removed. He said it may need to be brought up to code in terms of design, but this stairway configuration can remain as is. Peterson said the building official, Tim Hennes, has stated that the existing stairway can remain as it is, because it is attic access, not stairs but attic access. She said that Tim suggested the pull down ladder as a possible alternative to the existing stairs if they want the existing door to swing in. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 8 of 16 Downing said that whatever the Historic Preservation Commission says, the owner cannot void the building code. Miklo responded that there is a provision in the zoning code that allows the Board of Adjustment and the Historic Preservation Commission to waive some zoning requirements, but one is not allowed to waive Building Code requirements. He said that would have to go to the Board of Appeals, which deals with Building Code issues. Downing asked if swinging out across a property line involves the building code or zoning ordinances. Miklo said he believes it is affected by the Building Code. Downing said therefore whether or not they said the door could swing out doesn't matter, because the Building Code does not allow it to swing out. Miklo confirmed this. Downing said the stair can remain as it is and be used, and the Building Department is not requiring the owner to rebuild the stair into any other configuration, unless he wanted to have a door swinging in in that position. Peterson said that is correct. Hartstack asked if this is saying they could leave the stairs with a plywood attachment to it and not return it to its historical correctness. Peterson and Wagner said the Commission does not deal with and has no purview over the interior. Peterson said that she talked to Tim Hennes, and he assured her that because this is attic access, no change will be required to the existing interior stairs. Hartstack pointed out an area by the garage where there are a couple of concrete poles. He said he was not sure what they are for but thought they might be to keep people from running into the garage. Downing said they are called bollards and are to keep one from driving into the wall instead of in through the door. Hartstack asked if it would be possible to put those by the alley door to give some protection when opening the door out into the alley. Miklo said he did not believe so, and he did not know how the current poles got there. Peterson said there is a lot of parking off the alley, and it is heavily traveled alley. She said it would be a safety issue. Miklo said there is the possibility of someone walking out and being struck by a car. He said one would not expect to see a door swing out this close to a traveled alley. Hektoen, the Assistant City Attorney, said that Downing has summarized this well. She said the Commission's review is not to determine whether this complies with the building code or zoning code but is to determine the historic appropriateness of what is being requested. Hektoen said that from her perspective, the other thing that complicates the door is that it would require a temporary use of right -of -way agreement, which is a separate issue aside from a building code violation. She said the Public Works Director would not likely agree to allowing this temporary use of the alley, primarily because of safety concerns. Hektoen said the Commission does not have the power to waive compliance with the building code, as already discussed. With regard to the owner not joining in the application, Hektoen stated that if a permit is eventually issued to the applicant by the Housing Inspection Services, then that doesn't really get them anything if they don't have permission to be on the property. She said that if for some reason the transaction doesn't close, this action would not be taken. Hektoen said it doesn't really limit the use of the property; it is just another hurdle to cross to eventually do this work. She added that is why the owner is not required to join in the HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 9 of 16 application, because it actually doesn't encumber his or her land by making these sorts of applications. Bennett said she prepared the National Register nomination papers for this property. She said her interest is in the long -term future of this building, regardless of who the property owner is. Bennett said this is a rare, historical artifact that the Commission is dealing with here. Bennett said that one of the consequences and civic obligations of anyone who owns a National Register property is the need for careful consideration of any proposed modifications and, of course, cooperation with a governing body such as the Commission. She said she talked to Peterson and encouraged her to look at the property. Bennett said she feels that Rosenberg's memo has falsely represented a few things about the building. Bennett said that opening that door is not the only way the rooms in the attic can be reached. She said that whether the door opens into the building or out into the alley, it is still unsafe. Bennett said there is only one foot between the edge of the structure itself and where the City property line is for the alley. Bennett said the way they are proposing to do this, assuming the door is allowed to open one way or the other to allow direct access up the stairs, the only access to the upstairs would be from the outside. She said there would be no interior access to the second floor. Bennett said this is not practical or reasonable, given Iowa winters, that basically there is a structure where one cannot get upstairs unless he goes outside and shovels the snow. Bennett said the other part of this is that the historic stairs are there, but they are not aligned properly with the door. She said it is not shown clearly in the drawings. Bennett showed where the door is, when one comes down to the foot of the stairwell, in its original configuration if it were restored, and said the door is not in direct alignment. Bennett said it would be very problematic. Bennett said she is concerned about how much more of the original fabric would be put at risk in order to accommodate the proposed plans. She said the City has been more than cooperative in terms of defining this as an attic space so that the low headroom is not a problem. Bennett said she knows the Commission does not have purview over interior work. She said, however, that in terms of opening up that doorway or restoring those bottom three treads, she would advise the Commission against any approval, because she thinks the needs have been accommodated. Bennett said that for the applicant to say he is restoring that stairwell is a bit of a stretch. She said she also thinks it is clearly under the jurisdiction of the Commission how that doorway functions and not under the Board of Adjustment or any other City body. Bennett said it is a partnership between the City building code official and the Historic Preservation Commission. She said she does not agree with Rosenberg's assessment that this would block access to the second floor or one third of his property. Bennett said she feels that is an exaggeration of the case. Bennett said there were originally two doors that opened up onto the alley. She said the applicant has proposed, regarding the door that is currently covered over in plywood, to put stucco over it and basically remove any evidence of its existence. Bennett said she thinks it reflects the character of the original building and would prefer to see a recommendation that HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 10 of 16 would preserve it, possibly as a piece of plywood or to have an oil painting over it. She said there would be no memory or footprint of that opening if it is stuccoed over. Bennett stated that she also thinks it would be difficult to match the stucco to the original stucco so that it would always look like a patch or a mismatch on the building. Bennett said this is an example of her trying to preserve the character of the building as much as possible and preserve as much of the historic fabric as possible. She said she thinks this building will function just fine. Bennett said she did not know anything about what will develop with the potential buyers of this property, but accepting it as is is part of accepting an historic artifact as we find it and respecting it. Bennett encouraged the Commission to move wisely on this decision. Peterson showed an image of the building before the side door was covered with plywood. Michaud discussed the door on the north exposure and whether a gate could be put in the fence there. Hartstack said the fence and the garage will be removed. He said that door would be accessed for loading. Bennett said the building is only 18 feet wide, and the owner will have access through a back door that will require one to walk only about 20 feet to a stairwell. Swaim read staff's recommendation from the packet as to approve this with the following conditions: provide product information for replacement doors and windows and to provide the final design for the wall finish at the door infill area on the east side. She asked which door this referred to. Hartstack said this applies to the plywood- covered door. Peterson said she agrees that it needs to be delineated in some way. She said the applicant would provide the final design for that to be approved by staff and the chair. Swaim read the other recommendations: to maintain exterior appearance of existing door and transom on the east side. She said that would continue to then look as is. Swaim said the last recommendation is for final review and approval by the chair and staff. Michaud said she would like to see a photograph of the proposed front window. Hartstack showed a photograph of an old grocery store in Bethesda, Iowa. He said he would be doing the three over three front windows and a single, 36 -inch wide, historically correct door. Hartstack said it was the only photograph he could find from a grocery store of this era. Hartstack said the goal is to restore this building to its historical correctness. Regarding the door to the right, Swaim said staff is recommending that it not be stuccoed over and that there be some kind of delineation that it was a door. Peterson said she would like to see some other kind of siding or infill there but not the stucco. Miklo said the best solution might be to put a salvage door there and recreate the look. Swaim said the door on the left and transom would then remain as they are. Hartstack said he does not think this is the original door. Bennett said it is a door from the period, with historical significant and should remain. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 11 of 16 Wiegand, the current property owner, said she has every reason to believe this sale will go through, because all of the contingencies have been met. She asked, should the sale not go through, if she would be bound to all the decisions made. Miklo replied that Wiegand is not required to implement the plan. He said if she is going to make any changes, this is the approved plan, but she could come back with a new plan. Wiegand asked about the awnings specifically. Miklo responded that she could leave them up, but this plan would take them down. Hartstack asked if there is a window of time, if this is approved, for implementation. Miklo answered that there is not a time limit for Historic Preservation Commission approvals, but he believed the time limit to utilize a building permit is six months. Bennett said she knows it is not the Commission's consideration as to how the interior ends up looking. She said, however, that when one looks at this building historically, the original structure did not have the addition on the back. Bennett said that what is inside that space right now is a restroom, shower, water heater, and furnace, which will all be rearranged. She stated that all of the piping and electrical conduits are exposed on the wall that was the north side of the original structure. Bennett said, for example, that the water heater vents out into the existing chimney. She said the new owners plan to remove the water heater and reposition it. Bennett said her concern is at what point the owners can be encouraged to respect that original north wall for what it informs us about the history of this building and not just be indiscriminately drilling holes or rearranging the interior contents and taking the original fabric that is there. She said the original clapboard siding is there; the original chimney is there; and one of the windows on the west is the original window that helps date this back to 1856. Bennett said that both of the windows on the north side should be kept intact as original fabric, although she overheard on Monday that the new owners wanted to replace them. She said there is a door and two windows on the north side of the lean -to part. Bennett said that where there is the brown, painted clapboard siding on the upper level, it extends down to the ground level. She said that is exposed when one is on the inside of the building and was part of the evidence she used for dating the building and is worth protecting. Baker said that Hartstack is a friend of hers, and they have discussed this property. Baker said she basically pointed him in the direction of relevant guidelines regarding the windows and that kind of thing. Miklo added that there has been some indication that there might be future window replacements. He said those would require review by the staff or the Commission. Regarding Bennett's point about trying to preserve the evidence, the clapboard and such on the north end, Swaim said she did not think the Commission could stipulate that, but she agreed that it should be preserved if it can be. She said that if it can be documented, it serves history, whether it serves historic preservation of the exterior or not. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 12 of 16 Hartstack said that where the stairs go up, on the north side of that, is where the clapboard siding is that can be seen from the inside, which would have been the original outside of the building. He said they are having to rearrange the building to meet ADA standards. Hartstack added that the City has recommended that the furnace, water heater, and mechanicals be hidden in a room or put separate from where the general public can get access to them, because this would be a retail space. Hartstack said they would therefore like to make some changes to the existing wall structure, but he has no desire to change the clapboards or anything else on the interior of that at all. He said he just needs to move the toilet, sink, and some mechanicals around. Hartstack said it should not affect the clapboard and hopes not to at all, because it is a really unique feature of this building to see the actual outside before stucco was added. He said most of the renovations in that room are to meet ADA and City compliance with a mechanical room. Michaud asked about the stucco, because it is also historic. Hartstack said he is not planning to remove that either. MOTION: Wagner moved to approve a certificate of appropriateness for the application for 518 Bowery Street, as presented in the application, with the following conditions: that the applicant provide product information for replacement doors and windows; provide final design for wall finish at the door infill area on the east side; maintain exterior appearance of existing door and transom on the east side; and final review and approval by the chair and staff. Baldridge seconded the motion. The motion carried on a vote of 10 -0 (McMahon absent). Bennett asked if there could be a statement made about the door. Miklo said the recommendation in the motion refers to the door remaining sealed and being restored on the exterior. He said that is pretty clear, and he does not believe the building official will permit the door to be opened, regardless. REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Peterson said there is not anything particularly noteworthy. She said there were four reviews of no material effect and two intermediate reviews. DISCUSS PRESERVATION PLANNING FOR THE JOHNSON COUNTY _FARM Baldridge said he represented the Commission at the get together of those interested in the building. He said the property is within the City limits. Baldridge said the County has done restoration and maintenance on the asylum. He said it is typical and correct on the inside. Baldridge said the County will have another meeting to see how to proceed and what needs to be preserved and what does not need preservation. He said there is a barn that is being used for storage that does not look all that sturdy, so he did not know what its future would be. Baldridge said the asylum is probably the most significant building in the best shape. He said that Rod Sullivan, the Chair of the Board of Supervisors, wants the Commission to have a representative to attend sessions regarding the Poor Farm. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 13 of 16 Baldridge said the Farm was set up as a shelter facility for people who were disabled, mentally or physically. He said the asylum really looks almost like a jail, with cubicles. Baldridge said it is open space, yet it still looks like cells. Baldridge said the residents worked on the farm to the extent they were able. He said it was a facility run by the County to house people who were unable to live by themselves and whose families were unable to care for them for whatever reason. Baldridge said it had been a productive farming unit. Baldridge said the Board of Supervisors feels an obligation to address the deteriorating condition of the buildings that are still standing. Swaim said it is more of an historic site, although it is not generally open to the public without an arranged appointment. She said the Commission's role right now involves basically weighing in on any questions about maintenance or restoration. Baldridge said he would be willing to stay apprised of developments and inform the Commission. DISCUSS JEFFERSON STREET HISTORIC DISTRICT. Plannina and Zonina Meetina November 15, 2012. Swaim said that after the Commission unanimously passed the motion to make this a local district, the next step is for the Planning and Zoning Commission to hold a public hearing on November 15 at 7 p.m. She encouraged Commission members to attend. Swaim said the way the Historic Preservation Commission will play a part in the presentation is that Miklo or Peterson will give a staff report. Swaim stated that she, as chair, will then speak as to why the Commission has approved this. She said that if there are comments that individual Commission members would like to make, they should make them as private citizens. Swaim said that gives the members a chance to address other issues they may have individually. Swaim said that, assuming that the Planning and Zoning Commission passes this, the City Council would potentially discuss this at its December 4th or 18th meeting. She asked Commission members to be aware of the December meeting and invite others who are concerned about this to come and provide input. OTHER: Ackerson stated that there are four properties on Johnson Street between Ronalds Street and Brown Street that have ancient brick sidewalks. He said the City, in the normal course of its review of sidewalk status, has sent three of the four property owners notices that they must repair or replace the brick sidewalks. Ackerson said he believes those are the last brick sidewalks in Iowa City. Miklo said they are the only ones he knows about. Ackerson said the neighbors and property owners there are a little bit upset, because they are getting hit by a rather large cost to replace the whole thing. He said if they were to replace and restore the brick, that would be even more expensive. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 14 of 16 Ackerson said he would like to have the Commission consider if the City should be asked to save these brick sidewalks. He said he personally would like to see them saved, because they are a part of the old City. Ackerson said that Brown Street is still brick, and if the City ever tries to pave Brown Street, the residents there will be up in arms. He said he thinks the same thing should be true of the sidewalks. Downing said there is actually an ordinance that the City cannot remove any more brick streets; they have to be repaired. Miklo said that is being done on Dewey Street right now. Regarding brick sidewalks, Downing said he believes the City has not taken any action at all. Miklo said they are trip hazards and need some attention. He said he believes they would need to be removed and then re -laid. Miklo said he did not think they could be patched in. He said he thinks they need to be pulled up, a solid base prepared, and then as many bricks reused as possible, although there would probably be a large percentage of replacement bricks required. Ackerson said that in the past, the City had a plan to re -lay the bricks on Brown Street like they did on Church and Bowery Streets. He said that at the time the street repair is done would be an ideal time to go in and work on the sidewalks. Miklo asked Ackerson if, between now and the next Commission meeting, he would be willing to draft a statement or letter that the Commission could then approve and send to the Mayor or City Manager regarding this issue. Ackerson agreed to do so. Michaud said that the Bradley Building, the Victorian gray house directly across from the Co -Op has been sold to Jesse Allen. She said that now all three of her floors will have a brick wall behind them. Michaud said she would like to propose some zoning or code that will require an ameliorative fagade for new construction that faces an existing historic home, just like balconies are not allowed right now facing single - family houses. Michaud said that 505 Washington Street is potentially going to be moved; otherwise it will be, she assumed, up for salvage and be removed. She said there is only one person there with a lease, which she believes is for another two years. Michaud said she thinks that is the only leverage to forestall a decision and find an appropriate use for the building. Regarding the fagade proposal, Swaim asked Michaud if that were something she would be approaching as an individual. Michaud said she had asked Allen if he could put a light- colored brick on the east side of the building, and he did look with her from College Green at the effect of the very large building behind hers. CONSIDERATION OF MINUTES FOR SEPTEMBER 13 2012 HISTORIC PRESERVATION COMMISSION MEETING: CONSIDERATION OF MINUTES FOR OCTOBER 11 2012 HISTORIC PRESERVATION COMMISSION MEETING: Swaim asked about the motion on page one and who had seconded the motion. The other Commission members did not recall. HISTORIC PRESERVATION COMMISSION November 8, 2012 Page 15 of 16 CONSIDERATION OF MINUTES FOR OCTOBER 11 2012 PUBLIC HEARING FOR JEFFERSON STREET HISTORIC DISTRICT: Michaud said that on page nine, in the sixth full paragraph, the word "in" should be change to "and." MOTION: Litton moved to approve the minutes of the Historic Preservation Commission's September 13, 2012 meeting, as written; the minutes of the Historic Preservation Commission's October 11, 2012 meeting, as written; and the minutes of the Jefferson Street Historic District October 11, 2012 Public Hearing, as amended. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Wagner absent). Regarding letters received, Baldridge asked if it were possible for individual property owners on Jefferson Street to be left out of the district. Miklo said the Commission would have to make the determination to draw the boundary to leave them out. Baldridge asked if the boundary could be redrawn to leave Saint Paul's Church out of the district. Miklo said there would be issues with creating a boundary that makes sense. He said that actually Saint Paul's could not be removed, because it is right in the middle, but properties on the edge could possibly be removed. Baldridge said the district should be contiguous, and Miklo confirmed this. Peterson said that right now, the proposed local district boundaries match the National Register District. Michaud said there are nine proposals for a College and Gilbert Street building that might have the Co -op in it. She said she thinks it would be good to write letters to the editor at this point or contact the Planning and Development Department. Michaud said there could be a 14 -story or 20 -story building on the east side of Gilbert Street. She said the scale of a building on the east side of Gilbert Street has to be discussed, because that is the beginning of residential in general. Michaud asked if the Commission would have design review of the justice center when it is reproposed. Miklo said he did not believe so. He said that if the Court House is a landmark, then the Commission would have review. Miklo said that it is on the National Register. Swaim suggested finishing this discussion at the Commission's next meeting. ADJOURNMENT: The meeting was adjourned at 6:53 p.m. Minutes submitted by Anne Schulte Z U) U) O� v0 ZV Oat QW C4 v IX Q N W ° N Z W W IL CU Q 2 0 H _N 2 0 O U O H Q W L� C4N a � U °�° 0 O �za M T N T Go x x x x x x x x x i x T T x x x x x x x x 1 x O T M x x x x x x x 1 CD O O 0 O N X x X x x X X x x 0 CD 0 X 0 x X x 0 X x x x N ui Iz X X X x X 0 x 0 X ti x X X x X x x X co 0 ui x X X 0 X X X N X X o X x o X x x X x LU M x x X i x X X x 0 X O N x O O x X O X O x x X o x x x x x x x o x x T M qq M M CO) V d' M W) qe M M C L T ! T T T T ! T T T T T 4m w C" o� CD w M m w aw o) CD W N N N N N N N N N N N N H M M M M M M M M M M M M N Z F- 0 ° Q Q Y J Z Q W O = J Q Q V Q Y_ °° a z° w a U. 0 W W U' a Z° Z Z Z Z Z X Q �_ Q 0 Q W IX Y 3 0 Q N ~ N Q V 0 m p = E 0 C7 0 z _ d d E 0 z ii a� H x W d a W 0 w _ d CL` w Y DRAFT 12!13-12� POLICE CITIZENS REVIEW BOARD IP17 MINUTES — December 11, 2012 CALL TO ORDER: Vice Chair Melissa Jensen called the meeting to order at 5:32 P.M. MEMBERS PRESENT: Donald King, and Royceann Porter MEMBERS ABSENT: Kingsley Botchway, and Joseph Treloar STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Officer David Schwindt of the ICPD. RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by King and seconded by Porter to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/20/12 Motion carried, 310, Botchway and Treloar absent. OLD BUSINESS Additional Board Recommendations — The Board decided to table this item until the next meeting when all members could be present for discussion. BOARD INFORMATION None. STAFF INFORMATION None. PUBLIC DISCUSSION None. EXECUTIVE SESSION Jensen stated she would have to abstain because of a conflict of interest. Due to a lack of quorum, executive session could not be held. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • January 8, 2013, 5:30 PM, Helling Conference Rm • February 12, 2013, 5:30 PM, Helling Conference Rm • March 12, 2013, 5:30 PM, Helling Conference Rm • April 9, 2013, 5:30 PM, Helling Conference Rm The Board agreed to try to set up an executive session only meeting for Friday the 14th around the noon hour. Staff will send out an email to see if a quorum is available. ADJOURNMENT Motion for adjournment by Porter, seconded by King. Motion carried, 3/0, Botchway and Treloar absent. Meeting adjourned at 5:37 P.M. I �� 0X o c C CD CD (IQ C fD O+ H y rD d O N -- n b O r ICI n 0 'd,tlH� d� CD M .x OM A A O •C7 fD V1 fo a 7C yC �C DC �C N W r� N+ fA ITV X X /V N � yC DC DC 5C o x X CJ O H y rD d O N -- n b O r ICI n 0 Preliminary Minutes � IP18 � November 2012 MINUTES SENIOR CENTER COMMISSION NOVEMBER 15, 2012 ROOM 208, IOWA CITY /JOHNSON COUNTY SENIOR CENTER Members Present: Daniel Benton, Chuck Felling, Rose Hanson, Mark Holbrook, Jay Honohan, Sara Maiers Members Absent: Michael Lensing Staff Present: Linda Kopping, Michelle Buhman, Beth Ann Bitner Others Present: None RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:02 PM. Honohan chaired the meeting. APPROVAL OF MINUTES FROM AUGUST 16, 2012 MEETING: Motion: To accept the minutes from the August 16, 2012 meeting. Motion carried on a vote of 6/0. Maiers /Felling. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: 1,11150M COMMISSION ASSIGNMENTS: Honohan will attend a Board of Supervisors and City Council meeting in December. 1 Preliminary Minutes November 2012 STEERING COUNCIL REPORT: Felling reported on the updates provided by the representatives from the Program, Outreach and Membership Committees and the $2,000 grant that was received from the Community Foundation of Johnson County. The grant will support the creation of an outreach program that will be done in conjunction with fundraising. The Steering Council developed a tentative "wish list" for the fundraising that included a document camera and computerized signage. "Wish list" ideas will be discussed further among the working committees and brought back to the Steering Council before the list is finalized for fiscal year 2013. The city's participation in an effort to become a Blue Zone and The Center's new database were also discussed. DISCUSSION DEVELOPING REGULATIONS FOR SERVING ALCOHOL AT SENIOR CENTER EVENTS Committee met once. Honohan will be working on an initial draft of the proposed regulations. OPERATIONAL OVERVIEW Accreditation Update Kopping reported that she had received news from the National Institute of Senior Centers that our accreditation status had been officially approved. Kopping has been trying to arrange publicity through the city and has sent Robyn Hepker the logo associated with accreditation to be incorporated into the letterhead that we produce on -site. This will not change the new logo. We will also be receiving a plaque noting the national accreditation status. Submission of County Grant Request The grant request to Johnson County was submitted asking for $59,224. This amount is lower than in previous years, but it was calculated in a different fashion. Further, part of the request is that the funding come from Johnson County's rural fund. To arrive at this amount, Kopping estimated the total amount of tax dollars needed in fiscal year 2014 to support the operation of The Center. This amount is approximately $673,000. Because 20% of The Center's membership resides in the county, but outside of Iowa City, 20% of the total tax support, or $134,600, should come from the county outside of Iowa City. County memberships were broken down according to place of residence. 44% of the total number of county residents lived outside of Iowa City in unincorporated areas of Johnson County. 44% of $134,600 is $59,224. Ultimately each city in 2 Preliminary Minutes November 2012 the county will be asked to support their fair share of the operational expenses of The Center as determined by the residence of Center members. In the past the County has funded the Center using its General Fund. Taxes paid by Iowa City residents make up about 50% of this fund. As a result, when the county awarded The Center a $70,000 grant, Iowa City tax payers provided about $35,000 of this grant. This is in addition to the significant amount of tax funding being provided by the City of Iowa City. Iowa City residents were being taxed twice. The approach to funding requested in the FY14 grant application prevents the double taxation of Iowa City residents and asks neighboring communities to provide support in proportion to the participation of their residents. Members discussed options for approaching other cites in the county for funding and how membership fees would change if the county funded the grant as requested. Senior Nutrition Program Activities The issues that were present in the kitchen have been resolved and communication between the Executive Director of Elder Services, Inc. and Kopping has been restored. There are still desires on the part of the Nutrition Program to stay past 2 p.m. that present some difficulties insofar as programming is concerned. Kopping has suggested that the Nutrition Program employees start their day earlier as a possible solution. New Horizons Band Following the meeting between the NHB representative and the Commission, there was (is) some dissention among the band leadership and some members. Concern seemed to focus on: fees, and the covenant the leadership felt they had with the membership to balance participation fees with membership fees so that everyone ended up paying the same amount; autonomy, and a belief that there was interference in the band's operation by the Commission; and rightful ownership of equipment and music. Leadership recommended to the membership that the band become a 501(c)3 and relocate. Michelle Buhman spoke at one of the general band meetings and explained that the band already had all the benefits of a 501(c)3 and identified many of the services the band would lose if they separated from The Center. The leadership recommendation was not warmly embraced and while it is still under discussion it has lost some of its urgency. Kopping will keep the Commission up -to -date on these activities. 3 Preliminary Minutes November 2012 Sianage A budget amendment has been submitted to purchase an awning /sign for the Washington St. entrance. Robyn Hepker has spoken to the front sign designers and we are finally moving forward with that too! Johnson Countv Livable Community Board JCLC is an organization supported by the Johnson County Board of Supervisors. It exists to identify aging issues in Johnson County and then to bring volunteers and representatives from various aging services together to work on resolving the identified issues and other matters of interest to older adults. JCLC supports the work of several Action Teams working in partnership with other non - profits to address issues related to older adults that promote healthy lifestyles and independent living. I am the Chair of the Board this fiscal year. New Computer Software The new database software will be installed and staff training will take place in January. There will be five 8 hour days of on -site training and six 8 hour days of remote, on -line training. On -site is scheduled for January 14 -18, 2013 and on- line training will take place February 4 -11, 2013. The staff will be pretty scarce during this time. Once completed and we know what we are doing, people will be able to register, buy memberships, parking permits and conduct all other business on line. Further, the software should provide us with a much more functional database. Staff Reports Maintenance staff members have been taking turns being on vacation. As a result each person has been working lots of hours to cover the 7 day a week operation. Community Outreach Specialist: Emily Light just returned from a volunteer training seminar in Des Moines. Candy for the troops raised candy and about $300 in cash over the Veterans' Day holiday. It appears that the communication department didn't do any publicity on this event. Program Specialist: Michelle Buhman See Attached Report All feedback from the new parking program has been positive. COMMISSION DISCUSSION ✓ Board of Supervisors Report—none ✓ City Council Report—none ✓ Vacancies —A brief discussion of potential candidates took place. 4 Preliminary Minutes November 2012 ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 5/0. 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