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HomeMy WebLinkAbout2010-02-11 Info Packet®a7 ~~~~~ -.ti.at~_ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET February 11, 2010 FEBRUARY 16 SPECIAL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the City Attorney and the City Clerk: City Manager Recruitment Firm Selection IP3 Summary of Pending Work Session Items IP4 Memorandum from the City Clerk: Proposed Meeting Schedule (April -August) IP5 Memorandum from the Environmental Coordinator: Community Sustainability Plan MISCELLANEOUS IP6 ICMA Third Quarterly Report: ECO Iowa City seeks to promote environmental sustainability in Iowa City IP7 Memorandum from Captain R.D. Wyss to Chief Hargadine: November -December 2009 Use of Force Review IP8 Police Department P.A.U.L.A. Report -January 2010 IP9 Letter from Alan Kemp, Iowa League of Cities, to Mayor Hayek: National League of Cities Congressional City Conference March 13-17, 2010 IP10 Memorandum from Alan Kemp, Iowa League of Cities, to Mayor Hayek: National League of Cities Committee Request IP11 Email from Ann Connors: Last Night School Forum IP12 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP13 ECICOG Express 2009 Annual Report IP14 ECICOG Garbage Grapevine Newsletter -Winter 2010 DRAFT MINUTES IP15 Board of Adjustment: January 13, 2010 IP16 Airport Commission: January 21, 2010 IP17 Police Citizens Review Board: January 19, 2010 February 11, 2010 Information Packet (continued) 2 IP18 Senior Center Commission: January 21, 2010 IP19 Historic Preservation Commission: January 14, 2010 IP20 Economic Development Committee: January 20, 2010 IP21 Housing and Community Development Commission: January 28, 2010 ~~~ ~`"'"'®'~~ City Council Meeting Schedule and _~~-~~_~o CITY OF IOWA CITY Work Session Agendas Ip~ www.icgov.org • MONDAY, FEBRUARY 15 Presidents' Day -City Offices Closed • TUESDAY, FEBRUARY 16 Emma J. Harvat Hall 6:OOp Executive Session -Separate Agenda Posted (Collective Bargaining and Property Acquisition) Special Council Work Session • Council Appointments • Agenda Items ^ Council Policy Re: voting by representatives appointed by Council (Res. 01-169) (agenda #16] • Community Sustainability Plan Info #5] • City Manager Search/RFQ Review (IP#2] • Information Packet Discussion (Feb 4 & 11 ] • Council Time • Budget Priorities ^ Summary of Pending Work Session Issues (IP#3] • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules ~IP#4] 7:OOp Regular Formal Council Meeting (Continue Work Session if necessary) TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MARCH 1 Emma J. Harvat Hall 6:30p City Conference Board (Separate Agenda Posted) Regular Work Session • TUESDAY, MARCH 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MARCH 22 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, MARCH 23 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting 2010 CensZrs -Iowa City 11~oves Fo~wa~d When You Send It hack www. icgov.org/census ~~,®~ CITY CJ F IOWA CITY 1P2 ~m~~~ ~ EN[Q DATE: February 9, 2010 TO: Mayor and City Council r~ ~~ ~ll FROM: Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk ~1~, RE: City Manager Recruitment Firm Selection The attached is an update of the Request for Qualifications (RFQ) for City Manager Search Services. A review of the RFQ is scheduled for your work session on February 16. After your approval staff will distribute to the Public Sector Executive Search Firms identified and other firms or individuals requesting the document. The RFQ document refers to dates and contains a timeline. Based on past experience and discussions with the Mayor the following timeline is being suggested. PROPOSED TIMELINE FOR SELECTION OF FIRM Noon, Monday, March 8 Response from firms to RFQ Monday, March 22 Council members to provide list of top 5 firms to City Clerk Monday, March 22 Council work session to select firms to be interviewed Friday, April 2 Council work session to interview firms Please come prepared with modifications to the RFQ and input on the proposed schedule. Note: In 2007 RFQ's were sent to 28 firms and 11 returned proposals. Council interviewed 4 firms. Attachment: Draft RFQ Public Sector Executive Search Firms U:memofirmseltimeline.doc ~~ r ~ r~~~® ~III~~ ~ +. MIS®r~~ -~.as._ CITY OF IOWA CITY DRAFT CITY OF IOWA CITY REQUEST FOR QUALIFICATIONS CITY MANAGER SEARCH SERVICES February 17, 2010 You are invited to submit a Statement of Qualifications for providing professional executive search services to assist the City of Iowa City, Iowa in finding and hiring a new City Manager. Firms interested in being considered for the services described are requested to submit 11 copies of the information requested herein in an envelope marked "Proposal for City Manager Search Services . Information must be received in the office of the City Clerk, 410 East Washington Street, Iowa City, Iowa 52240 by noon (CDT) on DAY, MONTH DATE. 2010. Submittals will be reviewed by the City Council followed by interviews of selected firms. Interviews will be held in Iowa City, Iowa on DAY. M©NTH DATE. 2010 and must include the lead consultant assigned to the project. No phone interviews will be considered. Final selection will occur after the interviews are complete. Negotiations will be conducted and a contract will be finalized with the selected firm. After a contract is awarded, a letter will be sent to all firms who submitted qualifications. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the respondent. Late responses to the project will not be considered. Any matter in this information package that requires explanation or interpretation must be inquired into by the respondent in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the proposal submittal. FAX ore-mail all questions to Marian K. Karr (fax and a-mail information listed below). The only official position of the City is that position which is stated in writing. No other means of communication shall be construed as a formal or official response statement. The City of Iowa City reserves the right to reject any or all responses, and to accept in whole or in part, the response which, in the judgment of the City Council, is the most responsive and responsible submittal. Respectfully, Marian K. Karr, MMC City Clerk Marian-karr(a.IOwa-city. org Fax 319-356-5497 CMrecruitmentRFQ.doc BACKGROUND Iowa City, Iowa is strategically located in the heart of the Midwest, near the geographical center of the country. Located in the center of eastern Iowa, Iowa City lies within 300 miles of Chicago, Minneapolis, Omaha and St. Louis. Iowa City is both casual and cosmopolitan, a gathering place for people from all walks of life. The downtown area with its mall, specialty shops and services attracts people from surrounding areas. With a population of 62,380 people, Iowa City has a major art gallery, remarkable theatre and music events and many cultural events. Iowa City is a center of learning, a place where education is valued by students of all ages and by the community as a whole. The city's public school system has an enviable record of success in educating young people. Iowa City is home to the University of Iowa which draws faculty and students from around the world. Iowa City has long been distinguished as one of the nation's leading medical centers. The University of Iowa Hospitals and Clinics provides health care through extensive clinical services. Iowa City residents also have the services of Mercy Hospital, an outstanding community hospital. The Veterans Administration Medical Center is Iowa City's third hospital. Iowa City's largest employers include ACT Inc., NCS Pearson Educational Measurement, Lear Corporation, University of Iowa, Mercy Hospital, Procter & Gamble, Oral B Laboratories, University of Iowa Hospitals and Clinics, VA Medical Center, Systems Unlimited, Hy-Vee, the City of Iowa City, Iowa City Community School District and Johnson County. The City of Iowa City operates under a City Council/City Manager form of government. The voters of the City elect the seven members of the City Council on anon-partisan basis. The mayor is selected by the City Council. The City Council is the governing body and is responsible for the appointment of the City Manager, City Attorney, and City Clerk. The City Manager is responsible for administering all policies, laws and ordinances enacted by the City Council. With support from the Assistant City Manager and Department Directors the City Manager is responsible for the day-to-day operations of the city organization. City Departments include City Attorney, City Clerk, Finance, Fire, Housing and Inspection Services, Library, Transportation Services, Parks and Recreation, Planning and Community Development, Police, Public Works and Senior Center. The City work force consists of 635 permanent positions and up to 400 temporary positions. SCOPE OF SERVICES The City Council is seeking professional executive search services to assist them in hiring a City Manager. The anticipated scope of services may include: Publicizing the opening including contacting potential candidates that may not be actively seeking employment. Screening candidates and providing a list of preferred candidates to the City Council. • Performing background checks including verification of education, past employment, criminal history checks, credit checks and all other due diligence verification regarding previous work performance. • Arranging interviews (initial and second if required). Assisting with negotiations with selected candidate (if requested). STATEMENT OF QUALIFICATIONS AND FORMAT Interested firms are strongly encouraged to submit qualifications that are as comprehensive and complete as possible, so as to ensure a proper evaluation of the firm's capabilities. The Statement of Qualifications shall contain the following response items arranged in order, tabbed and with a table of contents. In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. The Statement of Qualifications will be considered public information upon opening following the deadline. 1. Name of firm, owners and brief history of the firm. 2. Key personnel: specific qualifications of the individual proposed for this project, including a listing of his/her past seven years experience with City Manager recruitment. The geographic location of this individual should be indicated as well as major current assignments and availability of this individual. Personnel should not be proposed unless they will be available to fulfill proposed project commitments. The individual proposed for this project will be required to interview with the Council as well as any other individual designated by the firm. 3. Firm capabilities and experience: a detailed description of the firm's technical capabilities as they relate to providing executive search services in the public sector. Included herein are: a. Firm's experience filling executive level positions with public sector employers. b. Listing of the past seven years experience with City Manager recruitments c. Identification of lead consultant on each project and whether lead consultant is still with the company. d. Firm's experience utilizing a participatory process involving the community including a description of that process. e. Description of a minimum of three (3) City Manager searches the firm has conducted including timetables and outcomes. 4. References: references should be for City Manager searches that best demonstrate the firm's ability to complete the proposed project successfully. For each reference provide a brief description of the project, the client name, year completed, and the portion of work for which your firm was responsible. The responsibilities of any personnel on those projects who are proposed for work on this project should also be included. The City of Iowa City reserves the right to contact references other than, and/or in addition to, those furnished. 5. Other information the firm wishes to have considered during the evaluation of professional qualifications may also be included. 6. Anticipated schedule: a schedule reflective of the anticipated time necessary for a City Manager search. METHOD OF EVALUATION, SELECTION AND RETENTION The City Council will evaluate the submittals based on the firm's experience and qualifications in public sector executive searches including City Manager searches, the firm's experience utilizing community involvement in the process and references. Selected firms will be invited to interview with the City Council in Iowa City IA on DAY, MONTH. 2010 These meetings will be held in open session. Following the interviews the Council will select a firm and will work with that firm to determine the terms of the contract. This allows both parties to have a dialog and discuss the project thoroughly, resulting in a mutual understanding of the expectations and the type of work required. Once a firm has been selected a cost proposal will be submitted within five business days of the City's request. The cost proposal must include an official offer to undertake the proposed work at the proposed price and a detailed explanation of the proposed price, which shall include an estimate of the time to be spent by the firm on the project. All cost proposals shall remain in effect for ninety days from the date of the City's receipt of the cost proposal. In the event the negotiations between the selected firm and the City cannot be completed as a result of an inability to reach agreement on the fee for services or the scope of services to be performed, then at the option of the City, the negotiations will proceed to another firm. After the City accepts the fee proposal, the parties shall enter a written contract. The final proposed contract will be approved by resolution of the City Council. SUBMITTAL Statements of Qualifications shall be addressed as follows and submitted to: City Manager Search City of Iowa City Office of the City Clerk 410 East Washington Street Iowa City IA 52240 Method of Submittal: U.S. Mail delivery, delivery service, in person; Fax submittals are not acceptable. The envelope shall be endorsed on the outside with the Firm's name and return address. TIMELINE FOR SELECTION OF FIRM Noon, DAY, MONTH, 2010 Response from firms to RFQ DAY, MONTH, 2010 Council members to provide list of top 5 firms to City Clerk DAY, MONTH, 2010 Council work session to select firms to be interviewed DAY, MONTH, 2010 Council work session to interview firms RIGHTS RESERVED BY THE CITY The rights reserved by the City include, but are not limited to, the following: • The City reserves the right to select, and subsequently recommend for award, the firm which best meets its required needs, quality levels and budget constraints. • The City reserves the right to require further documentation prior to the award of a contract. • The City reserves the right to reject any or all submittals. The City further reserves the right to waive technicalities and formalities in submittals, as well as to accept in whole or in part such submittals where it is deemed advisable in protection of the best interests of the City. • The City reserves the right to enter into discussion with firms regarding their qualifications and associated monetary offers. Any such discussions shall not obligate the City in any manner. • The City reserves the right to rescind its acceptance of a submittal at any time in the event the scope of services and work products furnished do not meet the prescribed service quality standards or the firm fails to properly fulfill its service and delivery obligations. All such determinations shall be made solely at the discretion of the City and shall be without penalty to the City. Public Sector Executive Search Firms 2010 Affion Public 20 North 2"d Street, Suite 200 Harrisburg, PA 17101 Alliance Resource Consulting Headquarters 400 Oceangate, Suite 510 Long Beach, CA 90802 Arcus 8170 Adams Drive Hummelstown, PA 17036 Austin Peters Group PO Box 27196 Overland Park, KS 66225 Avery Associates 3 '/z N. Santa Cruz Avenue, Suite A Los Gatos, CA 95030 Bennett Yarger Associates PO Box 234 New York, NY 10159 Bob Murray & Associates Attn: S. Renee Narloch 6753 Thomasville Rd, #108-242 Tallahassee, FL 32312 The Brimeyer Group, Inc. 1666 Village Trail E., Suite 7 Maplewood, MN 55109 Condrey & Associates P.O. Box 7907 Athens, GA 30604 Colin Baenziger & Associates 12970 Dartford Trail, Suite 8 Wellington, FL 33414 CSP Executive Search 241 Lathrop Way Sacramento, CA 95815 6 The Hawkins Company 600 Corporate Pointe, Suite 1120 Culver City, CA 90230 HR-OneSource 5619 NW 86th Street, Suite 600 Johnston, IA 50131 Koff & Associates, Inc. 5400 Hollis St., Suite 5 Emeryville, CA 94608 Kuehl & Payer, Ltd 1725 N. Lake Avenue PO Box 458 Storm Lake, IA 50588 L.B. Hayhurst & Associates 1014 Hopper Ave #560 Santa Rosa, CA 95403 M&A Executive Search Attn: Chandler McCoy 5821 E. Cedar Lake Rd. S. Minneapolis, MN 55416 MMA Consulting Group, Inc. 1330 Beacon St. #349 Brookline, MA 02446 Management Resource Group Headquarters 2805 Eastern Avenue Davenport, IA 52803 McGrath Consulting, Inc. P.O. Box 190 Wonder Lake, IL 60097 McPherson & Jacobson, LLC 7905 L. St. Suite 310 Omaha, NE 68127 The Mercer Group 5579 B Chamblee Dunwoody Road, Suite 511 Atlanta, GA 30338 7 Neher & Associates 299 Westlake Drive, Suite 200 West Sacramento, CA 95605 Peckham & McKenney 6700 Freeport Blvd., Suite 203A Sacramento, CA 95822 The Prothman Company 3633 136t" Place SE, Suite 206 Bellevue, WA 98006 Ralph Andersen & Associates Attn: Robert J. Burg 5800 Stanford Ranch Road, Suite 410 Rocklin, CA 95765 Resource Management Associates 17037 S. Oak Park Ave Tinley Park, IL 60477 Roberts Consulting Group PO Box 16692 Beverly Hills, CA 90209 Slavin Management Consultants, Inc. 3040 Holcomb Bridge Road, Suite A-1 Norcross, GA 30071-1357 Springsted Incorporated Corporate Headquarters 85 Seventh Place East, Suite 100 Saint Paul, MN 55101-2887 Voorhees Associates, LLC. 500 Lake Cook Road, Suite 350 Deerfield, IL 60015 Waldron & Company 101 Stewart, Suite 1200 Seattle, WA 98101 Waters-Oldani Executive Recruitment 5050 Quorum, Suite 625 Dallas, TX 75254 8 IP3 SUMMARY OF PENDING WORK SESSION ISSUES 2/11/10 Meet with Historic Preservation Commission re: energy efficiency/green issues (after guideline revisions are drafted) (MARCH 1) Farmers' Market -Parks & Rec. Commission Recommendations (MARCH 1) Inclusionary Zoning and Scattered Site Housing (MARCH 1) Nuisance Enforcement (MARCH 22) Fluoridation of Water (MARCH 22) Downtown Issues (MARCH 22) Site of New Animal Shelter (APRIL) Debt Service Levy Policy (APRIL) Brick Streets Repair/Funding Strategy (APRIL) ECICOG Funding - JCCOG Committee Report (APRIL) Flood Response & Mitigation Update (PERIODIC) Alley Inventory (SPRING `10) _.! t j ~~.:.®~r ,~ "m~11'~~~~ ~w.~~r IP4 CITY OF IOWA CITY MEMORANDUM DATE: February 3, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk~~~"' RE: Proposed Meeting Schedule (April -August) Attached is a meeting schedule for April through August. Scheduling in accordance with the policy of formal meetings being held the first and third Tuesday of each month was followed with the exception of Council Members sharing absences with me. Please take a look at the schedule, check your calendars, and let me know on Tuesday evening during your work session of any potential changes you would like to make the meeting schedule. A couple of observations: ^ Due to absences the second meeting in April was moved to the 271h and only one meeting scheduled in May. ^ Time will need to be scheduled for staff evaluations (usually May or June). In the past councils have considered a reduced summer schedule and/or scheduled special work sessions for specific items. Please provide me your personal summer absences should special meeting be necessary. Attachment: April- August calendar U: schedule PROPOSED (April - August2010) ~~ o~ - -April -,-- -- - --- --- --- - -- __Sun _ ~ Mon Tue _ __Wed_ __ ~ Thu _ ____~__ Fri __ Sat_____ _ ~ 1 2 3 ---, 4 -- 5 _-- ~ - --- _ - 6 ~ 7 - 8 __ --- 9 r-- -- ----- 10 _ _ 11 ~ - -- 12 r- -- ~ _- . ---- , - ! 13 14 ~ --- - 15 -.-,- ! _ -- 16 -~- ~ ---- 17 __ -- -- __ ~ - 18 --- 19 - -- _ a- j 20 21 _ __ 22 -- ~ - _ ~j __- 23 24 25 26 _____I , y~ 27 ~ 28 _ 29 30 May _ _ _ _ __ _ SunJ ; - _ Mon ,Tue _ _ ~ Wed, T ---__ --;- Thu __ , _ Fri_- --- - Sat ___ , ---- -- ~-- 2~ ---- _------- ~ 9 j T 3 - 10 --~----- ~ 4 -~ --~-- -- ;y~11 --T-- - 5 ----- - ~ 12 6 13 ! r ~ - -~-- 7 ;; ---~----1--- I 14 1 8 15 16 17 18 ; ---- 19 ! --- 20 --f- '; --- 21 -'- --- - - 22 23 ' 24 T---- 25 ----' ---- 26----I -- 27 , ---- - 28 - - _ i __ 29 __ ---r--------- ----30 ; '~ 31 --?-- , - fi---- -- - ---- ; - - June __ Sun - i _- Mon r - - ---- Tue Wed ' Thu _ --- ---- -1 ~---- 2 -- r __ __ 3 Fri _ _ 4 , j__ Sat _ _ _ 5 ~- ---- , 6 7 __ 8 ~ 9 1 0 I 11 ~ ~ 2 13 ~ 14 --- --- 15 16 - 17 --- ---- i 18 -- _ - ---- 19 ` - 20~--- 21 ! 22 j 23 j 24 25 26 27 ~ 28 j 29 X30 j -- --~---- --- -t-- __Sun_ _~ _ _Mon _ ~T_Tue _ T Wed _~ Thu__ 1 _ 1 ~ Fri _ 2 __~__ ! Sat 3 4 ~I 5 ~ 6 7 u; --- 8 9 ~ ' 10 _ 11 12 ~~13 ~ 14 I - - - ~ --~- G- 15 --- ~ --- 16 --- -- 17 18 19 20 21 ; 22 23 ~ 24 2 ~ ~ 2 2 1 5 26 27 8 9 I 30 3 August Sun __.~ Mon ~ Tue Wed I Thu Fri ~ Sat 1 2 ~ 3! 4 5 6 ~ 7 -----------~-_ 8 _---- 9 - --;--- -~-------- --- ~'~~ 11 j -- 12 ----a-- j ---- 13 - - ---- 14 15 16 17 118 ~ 19 ~ 20 21 __ __ 22 __ 23 ~~ 24 ~; 25 i - 26 --- 27 28 29 --__ I 30 -- _ l_-.-_._. __ _ t_-- 31 ! j - -- i _.-.. - --- ~._ - __ __ _ _ r -- ~ - 1 IP5 =~';,;'=`~'~ CITY OF IOV~lA CITY ~~ ~ ~'~~~~ A ~ D ~ M ..~ ~~aR CITY OF IOWA CITY Date: February 8, 2010 To: City Council From: Brenda Nations, Environmental Coordinator Re: Next steps for Community-wide Sustainability Plan Back round In 2007, the Mayor of Iowa City signed the U.S. Mayors Climate Protection Agreement as a commitment to reducing the effects of climate change. The City then joined "International Council for Local Environmental Initiatives", now called "ICLEI-Local Governments for Sustainability". As ICLEI members, we are participating in the "Cities for Climate Protection Campaign" to help us meet the goals of the Mayor's Climate Protection Agreement. The ICLEI campaign involves completing the following milestones: • Milestone 1. Conduct a baseline emissions inventory and forecast • Milestone 2. Adopt an emissions reductions target for the forecast year • Milestone 3. Develop a local climate action (or an overall sustainability) plan • Milestone 4. Implement policies and measures • Milestone 5. Monitor and verify results City staff recently completed the baseline emissions inventory and forecast. Iowa City is one of six cities in Iowa who belong to ICLEI, and was the first in city in Iowa to publish acommunity- wide greenhouse gas emissions inventory to complete Milestone 1. Next Steps The City is now ready to embark upon acommunity-wide Sustainability Plan as the next step in achieving our environmental objectives. To begin this step, a facilitator from the Institute for Decision Making from Cedar Falls has been hired to coordinate community meetings and to assist with gathering the information from these meetings. The timeline for the project will span the next 8-10 months. Input for the sustainability plan will involve three levels within the community: • Steering committee members: the steering committee will consist of community leaders who will create a vision for the plan Sub-committee members: once the vision for the plan is created along with specific topics the plan should cover, sub-committee members with expertise in those areas will come together to formulate specific strategies to implement • Public: public input will be solicited and incorporated during the planning process Invitation letters to the steering committee will be going out soon and the first meeting will be held in a few weeks. Along with energy efficiency and lowering greenhouse gas emissions, a sustainability plan can also include topics such as: • Buildings, (codes, renewable energy). Page 2 • Community design, land use, planning • Education and outreach • Transportation • Waste • Economy, growth, green jobs, market, products and services • Natural resources o Water (rivers, streams, storm, drinking, sewer, quality) o Ecosystems, native plants & animals, forestry • Local food systems • Climate change impacts Related efforts in energy efficiency and sustainability: In 2008, the City of Iowa City's greenhouse gas emissions amounted to 4% of the community-wide emissions. To reduce emissions and plan for a sustainable future, the City will need to collaborate with industrial, commercial and residential sectors, as well as the University of Iowa, to be successful in this endeavor. Iowa City is the recipient of an Energy Efficiency and Conservation Block Grant (EECBG), of the federal stimulus funding. The City will receive $692,300 which will fund energy efficiency projects for municipal, commercial, and residential sectors. • ECO Iowa City is a joint venture of the Iowa City Library and the Public Works department funded with a grant from the Gates Foundation. The primary objective of the program is to focus on urban storm water management, energy efficiency, smart waste disposal, and local foods/urban compost. Cool Cities Task Force is a group which Johnson County Council of Governments has organized to connect local communities (North Liberty, University Heights, Coralville, Iowa City, U of I, etc.) to collaborate and communicate on efforts regarding greenhouse gas inventories and climate change. Summary While there are several grants and projects revolving around energy use and sustainability efforts within Iowa City, they are all being coordinated and focused to achieve our environmental objectives outlined in the U.S. Mayors Climate Protection Agreement. One of the first steps of the sustainability Plan is to evaluate plans and efforts already underway, then coordinate both city government and community sustainability efforts. By the end of the year, a comprehensive community-wide sustainability plan will be completed, involving community leaders, experts in local sustainability topics, and the public. This plan will include specific implementations with calculated greenhouse gas reductions and an emissions reduction percentage and date to reach that reduction will be included within the plan. At the February 16~h Work Session we will review key elements of our progress and answer any questions you may have. Cc: Dave Elias Rick Fosse IP6 ECO Iowa City Grant Agreement No. E14.001/00/Iowa City/2009/6 ICMA Third Quarterly Report Sept 1, 2009 -December 31, 2009 Jennifer Jordan, Recycling Coordinator, City of Iowa City Department of Public Works Maeve Clark, Information Services Coordinator, Iowa City Public Library I. Introduction ECO Iowa City seeks to promote environmental sustainability in Iowa City. This will be achieved through a series of workshops, programs, and when appropriate, on-site demonstrations or tours, coordinated by staff of the ECO Iowa City team. These efforts will begin in spring 2009 and continue through Fall 2010. For all aspects of the grant, appropriate city or other governmental departments or agencies, local non-profit organizations, and businesses will partner with ECO Iowa City. • ECO Iowa City will encourage residents to adopt urban composting and local food practices. • The ongoing goal of ECO Iowa City throughout the grant period is to expand participation in existing recycling projects and improve smart waste disposal. • The third goal is to increase the public's knowledge of energy conservation techniques at home and through the use of alternative transportation. • The final goal is to educate citizenry on urban storm water management initiatives, including rain gardens and rain barrels, river and stream cleanup, and a pharmaceutical recycling program. II. Major Accomplishments/Activities • Participated in 5 Iowa City Farmers Markets in third quarter (800 contacts) • Vermicomposting program at ICPL with partner Backyard Abundance. Subsidized 25 vermicomposting bins for attendees. Because we had such an unexpectedly high turnout for the event, we had to draw names to determine who could purchase the bins. September 17. (contacts: 92) • Environmental film "A Sense of Wonder" at ICPL with partner Environmental Film Festival. Had ECO Iowa City display with brochures about compost, hazardous waste disposal and energy efficiency. September 21. (contacts: 30) • "Energy efficiency in Your Home" program at ICPL with partner Mid American Energy. Handed out free weatherization kits to those in attendance. September 24. (contacts: 26) • Expired pharmaceutical collection event with partners Iowa City Police Department, Iowa State Patrol, University of Iowa student groups Engineers for a Sustainable World and Academy of Student Pharmacists-American Pharmacy Association and Nest of Johnson County. Collected 136 pounds of expired medications from 94 Iowa City residents in three hours. This is the first time the area has had a pharmaceutical collection event and it was seen as a resounding success by all. Based on this success, ECO Iowa City will offer another collection in the spring and the Iowa City Landfill and Recycling Center will likely start an annual collection program. (contacts: 94 plus numerous telephone calls and emails) • "Making your older home more Energy Efficient" presentation at ICPL with Thomas McInerney, local architect with experience in older homes, and Friends of Historic Preservation. Handed out free weatherization kits to those in attendance October 1. (contacts: 53) • "Growing Local Foods -Growing Healthy Communities" program with partner New Pioneer Co-op and panel discussion moderated by Iowa City Mayor Regenia Bailey. Panel discussion included local farmers, local food non-profit organization, New Pioneer Co-op staff. October 8. (contacts: 53) • Book discussion of "Animal, Vegetable, Miracle" with One Community, One Book and University of Iowa Center for Human Rights. October 8. (contacts: 50) • Iowa City Landfill tour for 150 local elementary students. October 13. • Participated in University of Iowa's International Programs education day. October 23. (contacts: ~50) • Organized events for 350.org day to bring attention to ^~,~ ~. ~ f international greenhouse gas reduction goals with the v " ~~ ~ :~ -, University of Iowa Office of Sustainability, Engineers fora Sustainable World, Environmental Film Festival, Johnson ~=`" County Council of Governments (JCCOG) and the Bicycle °° ~ '~ ~ Library. October 24. = o "Age of Stupid" film showing ' ~` `- -°~ -"`` 0 3.5 mile bicycle ride and rally at 3:50 p.m. (contacts 45) o workshop for reducing carbon footprint (contacts: 5) o "haunted" bicycle ride at dusk to local cemetery (contacts: 80) • Alternative transportation discussion featuring bicycle safety, upkeep and maintenance with partners JCCOG and the Bicycle Library. November 5. (contacts: 5) • Food film festival with University of Iowa Center for Human Rights o Garden. November 6. (contacts: 50) o Fresh. November 13. (contacts: 50) o King Corn with discussion following with filmmaker Ian Cheny. November 20. (contacts: 83) • America Recycles Day Document Shredding Event with partner ; ~ M .~» Document Destruction and Recycling Service. November 15. "~' -" °~^ (contacts: 10; 963 pounds of materials recycled) ~,.~~ ~ ~- • Presentation to Noon Rotary. November 25 (35 contacts). =,, • Hosted partner open house for partners to meet one another, form `~ relationships, discuss the previous year and make plans for 2010. ~ 4 December 18. Fifteen partners (30 people) attended, including ICPL director and interim assistant City Manager. Hosted New Years Eve Green Resolution Party for adults and children with the Iowa City Public Library's Children's Department. Guests were incentivized to make green resolutions in return for water bottles, tote bags, CFL bulbs, bus passes, bicycle lights, etc. Resolutions were posted on the ICPL website and can be tracked by the resident until Earth Day. Had activities and games for children. December 31. (230 contacts) Partnered with City of Iowa City Parks and Recreation Department and Backyard Abundance to design a children's sensory garden next to Robert A. Lee Recreation Center. Installed fence to start project. Will be continuing partnership in spring to implement design. Projected activities for next period • Electronic waste recycling event (January 23) • January: kick-off of monthly Green Lunch and Learn Series for City and Library staff. • April: Earth "month" activities, including urban stormwater management discussion/workshop, Project GREEN garden forum, subsidized rain barrel sale, sensory garden programming with City of Iowa City Parks and Recreation Department, Earth Day programming with University of Iowa, Iowa City Landfill and Recycling Center and Iowa City Water Treatment Facility tours, pharmaceutical collection • June: second round of compost education and bin subsidies • Presentations to public as requested III. Progress against Performance Measures • Projected number of programs and contacts has been completed. Have talked with 1,800 people about ECO Iowa City and environmental initiatives this quarter. • Have approximately 30 partners to date, including multiple City Departments and Divisions. • Promotion of grant continues to be successful. Have used website, promotion in library and on Library Channel 10, through the City of Iowa City's website, Facebook page, numerous press releases, paid advertisement, radio interviews, word of mouth and presentations at local service club meetings (Lions, Rotary, etc.). • Continue to receive very positive input about completed programs and anticipation about upcoming programming from residents. Residents are eager to take steps towards sustainability. Many residents have some knowledge of ICPL and City programs but ECO Iowa City has increased this knowledge through its programs and events. • Library Director, Public Works Director (now interim assistant City Manger) and Mayor continue to be strong supporters of this project. Library Director has been given a "seat at the table" for Iowa City's UNESCO City of Literature partially because of work of ECO Iowa City. IV. What have you learned? 1. On a scale of 1 to 10, please indicate the current level of,partnership between the local library and its primary local government partner for planning and implementing this grant project. The current level of partnership is between a 7 and 9, somewhere between Collaboration and Consolidation. 2. Why was this level chosen? What, if anything, has changed regarding the level of partnership during the quarter? With weekly meetings and so much collaborative work, the relationship is much stronger than before the ECO Iowa City partnership. The Library Director continues to attend weekly City Department Head meetings and numerous City and Library staff attended the partner open house. There is discussion of continuing the ECO Iowa City website as the City's central point for "green" information and activities when the grant commences. City increasingly sees Library as a partner in green initiatives. The new monthly "Green Lunch and Learn" series for City and Library staff will be hosted at various City buildings and the Library. This was a direct result of the growing partnership and will continue to strengthen ties between the two entities. 3. What are you learning in the implementation of this program that might be useful for other communities looking to implement similar programs? What would you tell another community about partnering between the library and local government based on what you've learned so far? Residents look to both the City and the Public Library as sources of information and education and to the Library as a community meeting space. When the two entities are working collaboratively, the message to citizens is strengthened. This applies to sustainability efforts in ECO Iowa City's case but could easily apply to many joint City/Library initiatives. In addition, more people are reached because there are multiple venues for information to be shared when the City and Library partner. 4. What will be the long term impact of this program on your community? a. What, if any, components of the program will continue after the funding period? How will they be sustained? Many of the components will be continued. The landfill is planning to continue to hold an annual pharmaceutical collection. Urban stormwater education will become part of the City's and landfill's public education program and the City will likely continue to offer subsidized rain barrels and compost bins. The Children's Sensory Garden will continue and add a valuable programming opportunity to the City of Iowa City Parks and Recreation Department. The City recently received an Energy Efficiency Community Block Grant and will be able to continue many of the energy efficiency and outreach programs initiated in ECO Iowa City, including educational programming at the Library and the distribution of CFLs and weatherization kits. Partnerships and collaborative efforts among non-library/City groups should continue to grow stronger. b. How likely is it that the library-local government partnership established through the current project will continue beyond the grant period? What would be required to sustain the partnership beyond the grant period? The City is in the midst of creating a green website, logo and sustainability plan. Getting public input with the help of the Library will be essential. The key relationships have been formed for the partnership and much of the programming, education and initiatives to continue. 5. Other comments IP7 V ,~. DEPARTMENT MEMO #10-02 TO: Chief Hargadine FROM: Captain R. D. Wyss RE: November-December 2009 Use of Force Review DATE: 3 February 2010 The "Use of Force Review Committee" met on January 29th, 2010. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in November, 13 Officers were involved in 9 separate incidents requiring use of force involving 9 individuals. In December, 30 Officers were involved in 13 separate incidents requiring use of force involving 18 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. One of the incidents reviewed involved a pursuit initiated by an outside law enforcement agency. The committee recommended a review of our Pursuit Policy (GO 99-01, OPS-02) prior to the annual re-evaluation date of September 2010, and to include an evaluation of adjoining agencies pursuit policies as part of that review. Of the 22 incidents over the two month period, 18 Officers had drawn sidearm or displayed weapons and one of those was for the destruction of an animal. (There were five incidents that required response from multiple officers). OC was deployed on one occasion, and in one incident a Taser was discharged. On two separate occasions, a Taser was displayed which resulted in compliance without deployment. There were two vehicular pursuits involving six Officers during this time period. Of the 33 incidents reviewed, 2 suspects sustained a superficial injury in separate incidents, and 1 incident resulted in an Officer sustaining a serious injury. One incident was referred back to a supervisor to clarify circumstances in which individual officers need to submit reports. If an incident occurs where multiple Officers are forced to display a weapon, (felony car stop, or warrant service) and no other use of force is required, one report is sufficient provided all-officers display of weapons are documented. If during that incident an individual Officer is required to use additional force, a separate report needs to be submitted to document that incident. All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee IP8 Iowa City Police Department P.A.U.L.A. Report -January 2010 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Da te Totals PAULA Visit (occupancy loads updated Oct '08) visits arrests visits arrests ear-to-date 808 Restaurant & Nightclub [176] 7 10 7 10 1.429 Airliner [223] 3 3 3 3 1.000 American Le ion [140] 1 0 1 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone [297] Bluebird Diner [82] Blue Moose [436] 3 3 3 3 1.000 Bob's Your Uncle 260* Bo-James [200] 2 0 2 0 0.000 Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] 7 2 7 2 0.286 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] Caliente Ni ht Club 498 4 0 4 0 0.000 Carl & Ernie's Pub & Grill [92] Carlos O'Kelly's [299] Chefs Table 162 Chipotle Mexican Grill [119] [The] Club Car [56] Colonial Lanes 502 Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] DC's [120] 3 1 3 1 0.333 [The] Deadwood [218] 1 0 1 0 0.000 Devotay [45] Donnell 's Pub 49 1 0 1 0 0.000 [The] Dublin Underground [57] 1 0 1 0 0.000 [Fraternal Order of] Eagle's (315] EI Banditos 25] -- EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant 161 Englert Theatre [838] Etc [178] 1 0 1 0 0.000 The Field House (aka Third Base) [420] 8 25 8 25 3.125 Firewater [114] Formosa Asian Cuisine [149] 2 0 2 0 0.000 Geor e's Buffet [75] Givanni's [158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 2 0 2 0 0.000 Guido's Deli (20] Hawkeye Hideawa [94] [The] Hilltop Lounge [90] IC Ugly's [72] India Cafe [100] Jimmy Jack's Rib Shack [71] ~' Ci JobSlte [120] (formally known as Kandyland) ~ p Joe's Place [281] 2 0 2 0 .00 Joseph's Steak House [226] ~-.~ tCP Kamodo Klub [144] n"~ f p"~~~.. Karaoke La Reyna [78] --t «: } ~ 1 i'°' ~~ ~ ~~ w ~, La Reyna [49] Linn Street Cafe [80] Los Portales [161 Martini's [200] Masala [46] Mekon Restaurant [89] Micky's (98] [The] Mill Restaurant [325] Lo al Order o Moose [476 [Sheraton] Morgan's [231] Motley Cow Cafe [82] Okoboji Grill [222] Old Capitol Brew Works [294] One-Eyed Jake's [299] 1 0 1 0 0.000 One-Twen -Six 105 Orchard Green Restaurant [200] Oyama Sushi Japanese Restaurant [87] Pa liars Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Loun a 65 (The] Picador [261] 1 0 1 0 0.000 Pints [180] 5 1 5 1 0.200 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Qualit lnn/Hi hlander [971] Quinton's Bar i~ Deli [149] [The] Red Avocado [47] Rick's Grille & Spirits [120] Riverside Theatre [118] Saloon [120] Sam's Pizza [174] 1 0 1 0 0.000 [The] Sanctuary Restaurant [132] Shakespeare's [90] 1 0 1 0 0.000 Short's Bur er & Shine [56] 1 0 1 0 0.000 Sports Column [400] 8 11 8 11 1.375 Studio 13 [206J 1 0 1 0 0.000 [Thej Summit [736] 8 30 8 30 3.750 Sushi Popo [84] Takanami Restaurant [148] TCB (250] 4 0 4 0 0.000 Thai Flavors [60] Thai Spice [91] Times Club @ Prairie Li hts 60] T. Spoons (102] Union Bar [854] 11 9 11 9 0.818 VFW Post #3949 197] [The] Vine Tavern [170] 1 0 1 0 0.000 Vito's [320] 3 0 3 0 0.000 Wig & Pen Pizza Pub [154] [Iowa City] Yacht Club [206] Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 94 95 94 95 1.011 Other PAULA at non-business locations: 8 8 PAULA Totals: 103 103 *includes outdoor seating area current month year-to-date ©~ '°v ~° `" ~~ ~ o ~w ~a ° : ' ~'` )NU( IOWA LEAGUE °f CITIES February 4, 2010 Matt Hayek, Mayor Iowa City 410 E Washington Iowa City, IA 52240 Dear Matt: I~.E 2010 FEB -8 Ali 8~ 56 CITY C~ER~t IOWA CITY. IU~~A IP9 The National League of Cities Congressional City Conference will take place at the Marriott Wardman Park Hotel in Washington, D.C., March 13-17, 2010. Enclosed you will find brochures that includes registration information. As an official from a city that is a direct member of NLC, I would encourage you, or members from you city, to consider attending this event. This meeting provides local elected officials and municipal staff numerous educational and networking functions and the opportunity to schedule meetings with the Iowa congressional delegation. Below are some highlights of the Conference: Saturday, March 13--Optional pre-conference Leadership Training Seminars. Sunday, March 14--City officials gather at the Marriott Wardman Park Hotel for leadership meetings, policy discussions and legislative briefings to learn about current federal issues and priorities for America's cities and towns. Monday, March 15--NLC's leaders and general session speakers set the stage for the action to come by outlining the opportunities and challenges and building capacity to make a difference with Congress on key federal issues. A reception for the Iowa delegation is scheduled for later in the day from 5 p.m. unti16:30 p.m. at the Marriott. Family members that may be along for the trip are also welcome to attend. Tuesday, March 16--The President and his cabinet and Congressional leaders are invited to discuss their priorities and ways in which Washington can work with cities and towns to meet the challenges facing the country. The program will wrap up with the opportunity to review NLC's federal legislative agenda and a reception featuring The Capitol Steps. Wednesday, March 17--Travel to the Hill for strategic meetings with Congressional leaders to talk about NLC's priorities for federal action and what America's cities and towns want from Congress and the Administration. I hope you will consider attending this meeting or encourage your city council members and appropriate staff to consider attending. Sincerely, -. ~~~~7~-.A Alan Kemp Executive Director Enclosure Serving Iowa's cities since 1898 President Dale Uehling Mayor, Ottumwa Immediate Past President Jim Fausett Mayor, Coralville President~elect Ruth Randleman Mayor, Carlisle Executive Director Alan W. Kemp cc: City Administrator/Manager 317 SIXTH AVENUE o SUITE 800 o DES MOINES, IOWA 50309.4113 (515) 244-7282 o FAX: (515) 244-0740 o WEB SITE: www.iowaleague.org 02/04/2010 1:36:46 PM FAXCOM Anywhere I III II~ IOWA ~~~ ~'f ~ ~ 317 Sixth Avenue, Suite 800 To: Des Moines, IA 50309-4113 Fax Number: (515) 244-7282 Fax: (515) 244-0740 www.iowaleague.org Date: February 04, 2010 PAGE 1 OF 5 IP10 Matt Hayek 13193565497 Subject: National League of Cities Committee Request Memo: Mayors, Council Member and Managers/Administrators As an elected or appointed official from a city that is a direct member of the National League of Cities, you are entitled to serve on policy committees that cover a variety of issues of concern to cities. A description of the seven policy committees and those currently appointed to serve are attached to this email. Unfortunately, neither the National League of Cities nor the Iowa League of Cities reimburses you for participation in these committees. However, many of the committees meet in conjunction with NLC's annual meetings. These policy committees meet twice during the year: the first meeting is held during the March Congressional Cities Conference in Washington, D.C. and the second is held at the November Congress of Cities in Denver. If you are currently a committee member, I would request that you contact me by return email to indicate that you wish to continue to serve on this committee. If you are a newly elected city official or simply have not considered serving on a committee in the past but are interested now, I would encourage you to contact me. As the organization representing city interests at the national level, these committees provide invaluable assistance to NLC in identifying and prioritizing issues. Participation in these groups can be valuable, rewarding and represent an opportunity to network with city officials from all over the country. If you have intentions to attend these national meetings, I would encourage you to consider serving one of these committees. If you have any questions, please do not hesitate to contact me. Respectfully, Alan W. Kemp Executive Director Iowa League of Cities Direct: (515) 974-5315 Iowa League of Cities ~ 317 6th Ave Ste 800 ~ Des Moines IA 50309-4113 Main: (515) 244-7282 ~ Fax: (515) 244-0740 ~ http://www.iowaleague.org VG/ VY/ GV1V 1 JY JV t'Cf 1~t9AUVl7 C111y W11GiG YHVL' J Vl' J NLC Policy and Advocacy Committees Community & Economic Development (CED) The CED Committee deals with housing, community and economic development, land use, recreation and parks, historic preservation, and international competitiveness. Mike Freemire, Mayor, Bettendorf Matthew Goodman, Council Member, Ames Dirk Voetberg, Council Member, Dubuque Energy, Environment & Natural Resources (EENR) The EENR Committee is responsible for developing policy recommendations on issues such as air quality, water quality, energy policy, national wetlands policy, noise control, and solid and hazardous waste management. Lisa Brown, Council Member, Bettendorf Roy Boul, Mayor, Dubuque AJ Johnson, City Administrator, Urbandale Finance, Administration & Intergovernmental Relations (FAIR) The FAIR Committee deals with national economic policy, general financial assistance programs, liability insurance, intergovernmental relations, Census, municipal bonds and capital finance, municipal management, antitrust issues, citizen participation and civil rights, labor relations, Native American sovereignty and municipal authority. Ann Campbell, Mayor, Ames Kris Gulick, Council Member, Cedar Rapids Dale Uehling, Mayor, Ottumwa Human Development (HD) The HD Committee is responsible for the development of policies on employment and job training, early childhood development, TANF (Temporary Assistance to Needy Families), unemployment insurances, income support programs, immigration and refugee policy, health and education, equal opportunity, and social services. Riad Mahayni, Council Member, Ames Carolyn Cole, Council Member, Waterloo Joyce Connors, Council Member, Dubuque Information Technology and Communications (ITC) The Information Technology and Communications (ITC) Committee has jurisdiction over issues related to telecommunications and information systems and public access to these systems, including privacy issues, cable TV, phone services, spectrum issues, communications tower siting, universal service, broadcasting, and defense of city rights- of-way from degradation caused by installation of communications facilities. Steve VanOort. Mayor, Ankeny Jim Fausett, Mayor, Coralville William Ell, Mayor, Burlington Chris Ward, City Manager, West Liberty U`L~U4~'LUlU 1::34:5b t~M r~AXCUM Anywhere ~AGr: 4 Ur ~ Public Safety and Crime Prevention (PSCP) The PSCP Committee is responsible for policy in the areas of crime prevention, corrections, substance abuse, municipal fire policy, juvenile justice, disaster preparedness and relief, homeland security, domestic terrorism, court systems and gun control. Robert Hartman, Council Member, West Liberty Tim Stecker, Council Member, Bettendorf Robert Andeweg, Mayor, Urbandale Ryan Doll, Council Member, Ames Transportation Infrastructure & Services (TIS) Committee is responsible for policy on transportation issues, including planning, funding, safety and security of public transit, streets and highways, aviation, railroads and ports. Ron Pogge, Council Member, Urbandale Chris Hensley, Council Member, Des Moines NLC Member Networking Councils Central Cities Council This Council provides an opportunity for networking and issues exchange among elected officials from urban centers. Membership is open to any elected official representing a city with population above 200,000. First-Tier Suburbs Council This Council addresses the unique set of challenges faced by municipalities located outside of central cities and inside the ring of developing suburbs and rural areas. The purpose of the Council is to allow local elected officials from these cities to network with each other and discuss common needs, and raise the visibility of first tier suburbs. Small Cities Council NLC's Small Cities Council was created in 1976 to ensure that the interests of small communities are reflected in NLC's overall policies and programs. Serving as NLC's "voice for all small cities," membership is open to any elected official representing a city with population below 50,000. University Communities Council The Council is a group of elected officials from municipalities with a university or institution of higher education within its borders or within an adjacent municipality. 02/04/2010 1:34:56 PM FAXCOM Anywhere PAGE 5 UN~ 5 NLC CityFutures Panels Community & Regional Development Panel The Community and Regional Development Panel addresses local development and governance challenges and strategies related to housing, land use, economic development and transportation within a regional context. Democratic Governance Panel The purpose of NLC's work on Democratic Governance is to help local officials respond to governance challenges. Drawing on case studies of successful projects, the Panel has explored ways to educate and mobilize citizens in a variety of events and initiatives. Equity & Opportunity Panel The Equity and Opportunity Panel focuses on issues related to political, economic, social and racial inequities in America's cities, explores effective municipal strategies to address diversity and increase equity, and seeks to engender in city officials and within NLC the need to address these issues. Public Finance Panel The Public Finance Panel's mission is to foster and shape a broader and more visible public discourse about the need for reform to the system of public finance and to the related intergovernmental system, and to provide guidance and recommendations to city officials about dealing with specific fiscal challenges in their cities. Other NLC Advisory Groups Corporate Partners Leadership Council The NLC Corporate Partners Program promotes the exchange of ideas between corporate leaders and the leaders of America's cities in order to strengthen local government, encourage economic competitiveness, and promote corporate civic engagement. Council on Youth, Education and Families The membership of this Council, unlike any other NLC committee is composed of not only local elected officials, but also youth members and representatives from major national organizations and corporations concerned about children and families. International Council The Council provides advice and direction to NLC's International Programs. The Council encourages and supports educating municipal leaders about the impacts and opportunities of globalization. It also connects the knowledge and experiences of cities outside the U.S. with the hometown priorities of American cities and towns. Leadership Training Council The Principal Mission of the Leadership Training Council is to provide guidance and direction of the Leadership Training Institute, an educational program offered by NLC. 02-11-10 IP11 Marian Karr From: dranndds@aol.com Sent: Friday, February 05, 2010 12:54 PM To: pauljoan@gmail.com Cc: Council Subject: last night school forum Hi Everyone, I had the opportunity to go last night to the forum on redistricting. I was skeptical at first but I believe that the format they used was very beneficial and provided everyone in a small group to voice concerns and suggestions regarding this plan. It was a very energized large group and I was surprised at how unified a lot of the views were and proud to hear concern for all the schools. Here are a few items that came up over and over again and some new things I learned: This plan is not very well accepted by the community due to the break up of so many schools especially in Iowa City The consultants confirmed that it really was driven by the criteria with the free and reduced/capacity strongly driving these results in this plan When asked over and over'will our schools be better for these changes' they gave no assurances and always replied that they had no idea the session was broken down into three equal segments dividing the issues and concerns for 1) High schools 2) junior highs 3)elementary the majority of concerns were about the elementary changes the moderators in our group admitted that the schools affected the most and would have the most difficult transition were Lemme and Lincoln. They were clear in saying that there are no current rules on grandfathering students with siblings or the exact details of the transition, this would all be determined by the board or administrators after a plan is in place. They were also curious as to how we felt about a 3rd high school and reminded everyone that this would be a different school experience than the current with limitations on the programs but also cautioned that the existing schools would see some financial/resource affects as well. The consultant also admitted that more resources would be available to all the elementary with high FandR but that there would be a period of transition in which the principals would have to reorganize their schools. Overall I felt that they wanted to lay out the reality of this plan and hear the concerns and suggestions and make changes, reconsider the criteria, slow the process down and help the community determine what kind of plan we would be willing to live with. Again, I was struck by the lack of assurances that our schools would be better, but they would be closer to being balanced. I would encourage any of you to attend tonight to get a better understanding and to make your suggestions because we are the ones on the frontlines and we know our schools, our neighborhoods and I feel that they are listening but up to this point this process is so heavily being driven by numbers I did not see any Iowa City Council in attendance, the Coralville city manager was there and many principals. The schools south of I-80 are the ones most affected by this current plan and I would guess that was most of the crowd. Thanks for your ear. Your friend and neighbor, Ann Connors 2/5/2010 ~~_,---.r.®~ CITY OF IQWA CITY IP12 `i- ~ ~T 'mil ~~~ ~1~ ~ ~1~ ~ R.~ ~ ~ ~ ~1~ Date: February 10, 2010 To: City Council From: Director of Public Works Director of Planning and Community Development Re: Update: Flood-related activities Engineering and Public Works Administration • The new structures and pipes constructed with Iowa Avenue Inverted Siphon Sewer Project are in operation. Coordination with the University will occur in the Spring for site clean up. • The 30 day public comment period for the Iowa City 2010 Hazard Mitigation Plan started on January 13tH. The approval of the plan will be on the February 16tH Council agenda. To date, three comments have been received. • The Army Corps of Engineers will start the bidding process for the Section 14 Iowa River Bank Stabilization along Dubuque Street downstream from the Park Road Bridge at the end of January. The construction is planned for Spring 2010. • The City has purchased 27 properties through the FEMA Buyout Program. The City has 19 of the properties demolished and one property is vacant land. The third round of demolition will begin on February 12tH • MMS Consultants have completed the preliminary design for the West Side Levee. Staff is still reviewing funding opportunities. • The EDA has approved the Request for Qualifications (RFQ) for the design of the relocation of the North Waste Water Plant. The RFQ has been sent out to the consultants. • The Iowa River Watermain Crossing Reconstruction Plans are being reviewed. FEMA has to obligate the PW for this project to move forward. • Staff participated in a conference call with the Army Corps of Engineers in regards to the Section 206 Ecosystem Restoration Project. Water Division - 2-10-10 River Crossings Continued working with Engineering & Howard R. Green (HRG) for design and construction of replacement of two 12" river crossing repairs (Old Plant and Hwy 6) Review comments on HRG's bid design and specifications are ready for submittal to the City Council for approval. The U. of I. and City IT have corroborated by incorporating a fiber optic conduit at both locations as part of the project. FEMA has defined distinction criteria that would allow this to happen. Funding for the water main crossing projects needs final obligation status which includes design and construction costs, through FEMA. The review process from FEMA was not favorable and additional information has been sent with a request to re-review. FEMA indicated that they are reviewing the information sent to them last week and will hopefully be able to get back to us this week with their determination. February 10, 2010 Page 2 Peninsula Source Protection The HRG Hazard Mitigation Study is the source of planning for proposed funding and projects on the peninsula site and the plant site improvements. The PW and Hazard Mitigation Plan for peninsula work; CW 3, CW 4, SW 4, JW 2 and the respective electrical systems has been `obligated' by FEMA. HRG is under contract to provide design, specifications bid documents and inspection for the two projects. HRG survey work and Water Division's design review continues. We are expecting a deliverable for review on 2/19/10. Water Works Prairie Park Source Protection The HRG Hazard Mitigation Study is being used for additional funding request for hazard mitigation for plant site well houses. We are currently working with Dave Purdy. We have submitted information to FEMA for the Benefit Cost Analysis (BCA) to ascertain our eligibility. We received communication from FEMA that the BCA looks favorable. Additional information was sent to FEMA. The transition from the previous FEMA staff person to the present has a learning curve. We are awaiting their decision to proceed further. Planning and Community Development • The City continues to receive offers back from homeowners interested in participating in the CDBG buyout program. So far, the City has received 17 offers back from homeowners interested in pursuing a buyout. • The HMGP buyout program is down to the last seven homeowners that are interested in participating in the program. Of the seven homeowners that want to close, three want to close this spring, three want to close in spring 2011, and one is still looking for a new house before closing. • To date, the City has acquired 27 properties in the HMGP buyout program and three properties in the Community Disaster Grant Program. • The City continues to accept applications for the four new business disaster recovery programs: Loan Interest Supplement Program, Expanded Business Rental Assistance Program, Commercial Rental Revenue Gap Program, and Residential Landlord Business Support Program. • Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State Jumpstart 3 funding for housing rehab/repair, down payment assistance and interim mortgage assistance. • The Iowa Housing Working Session organized by the Rebuild Iowa Office was scheduled to be held in Cedar Rapids on Wednesday, February 10. The meeting was cancelled due to severe weather and will be rescheduled. • The Single Family New Construction Program Committee met on February 16th and voted on project proposals from 10 developers and builders for the second round of the Single Family New Construction Program. The committee tentatively selected 36 units - - 18 units priced at $150,000 or less and 18 units at $180,000 or less. If the proposed February 10, 2010 Page 3 projects are approved, the type of housing structures will include single family detached lots, duplexes, townhouses, and condominium units. The units would be geographically dispersed throughout the city. As of today, all 40 homes proposed in the first round of the Single Family New Construction Program have been constructed and sold. This housing will replace the property tax base from the flood buyout homes that the City is purchasing and demolishing. ~~~~ Leo Cook, Chairperson ECICOG Board of Directors As the Chair of the East Central Iowa Council of Governments (ECICOG) Board of Directors, I'm pleased to present you with this 2009 Annual Report. This has been an especially challenging time for the region and the state. Several of our cities were significantly impacted by the disasters of 2008, and we have all felt the negative impacts of the current economy. As one of the State of Iowa's eleven recovery areas, ECICOG continues to play a significant role in assisting the region's families, businesses, and local governments in rebuilding their communities and their lives. Acid, we continue to provide the core initiatives in transportation, community develop- ment and environmental services that leverage additional financial resources and help improve services and programs on the local and regional levels. Nonetheless, our role in these efforts is dwarfed by all that you do on a daily basis in your own communities. The ECICOG board and staff appreciate each opportunity you have given us to be a part of those efforts. I encourage you to continue to call upon us in 2010! Doug Elliott ECICOG Executive Director I hope you'll enjoy reviewing this year's annual report. As in previous reports, we've provided a listing of all of the agency's activities in 2009. I hope you'll agree that list is impressive, but I also think it can be somewhat overwhelming. And, it's often difficult to translate that lengthy inventory into measurable results. That's why we've also highlighted a project or activity in each of the agency's program departments- to show how the agency's efforts can have a real impact on your community and region. We're also happy to provide you additional information about any of the projects or programs listed in the report. As always, I'm extremely grateful to the ECICOG Board of Directors for their guidance and support, enormously indebted to the agency's professional staff for their hard work, and exceedingly proud to be ; part of all we accomplish as a region. Regional city clerks workshop City clerks in the ECICOG region should mark their calendars for Thursday, March 18, 9:00 a.m. - 3:30 p.m., and plan to attend the daylong workshop being held at the South Slope Communications Cooperative Center in North Liberty. With the assistance of several clerks in the region, ECICOG has assembled an agenda, which includes the following topics: • Electrical Contractor Licensing Requirements (Iowa Department of Public Safety) • Mechanical & Plumbing Contractor Licensing Requirements (Iowa Department of Public Health) • Unemployment Insurance & Other Employer Assistance Programs (Iowa Workforce Development) • Iowa Public Employees' Retirement System (Il'ERS) The cost to attend the training is $10, which includes lunch and refreshments. To pre-register and receive a complete agenda, contact Gina Peters at ECICOG (ext. 120) or gina.peters@ecicog.org. Officers elected at annual meeting The ECICOG Board of Directors elected officers for the 2010 calendar year at the agency's annual meeting on January 28. The three officers listed below will be joined by the chairs of the budget and personnel committees to form the board's executive committee. Committee assignments, including chairmanships, will be appointed at the Febrnary 25, 2010, board meeting. PAGE 1 Community Development Department The Community Development Department was busy in 2009, both with traditional land-use planning projects as well as new, exciting programs. One of these new programs is the Revolving Loan Fund (RLF) for area businesses as described below. For questions about this opportunity, please call our Economic Development Coordinator, Tracy DeKoter, at (319) 365-9941 ext. 130. What is the RLF? The RLF is a loan pool established by ECICOG to assist new and existing businesses to develop and expand. It is used in conjunction with local lenders to serve as gap financing for proposals. As loans are repaid into the pool, the fund revolves back out to other candidates. Bochner Chocolates, located in Iowa City ECICOG's RLF provided them with a loan for $189,912 to purchase two new pieces of equipment that will greatly increase their productivity in regards to conveying, weighing, and bagging product. Where did the funds come from? • $1.5 million from the U.S. Department of Commerce, EDA • $85,000 from the Washington County Riverboat Foundation • $15,000 from ECICOG Total: $1.6 Million Loaned to date: $849,912 Application process Step 1: Complete an application and return it to ECICOG. ECICOG staff evaluates application for completeness. Step 2: Application is presented to the loan review committee. Applications received e ~ ~ ~ ~ ~ ~ before the last business day of the month will be placed on the next month's agenda. While flood waters did not enter their facility, the water was on their property -over flowing storm drains and several feet into their loading dock. They were required to evacuate and dismantle their entire plant to protect the machines from potential damage from the floodwater. Specialized machinery originally assembled by technicians in Switzerland and Germany was hurriedly disassembled and moved in a matter of hours. It took approximately 36 hours to fully evacuate the equipment from the main floor of the building; it took more than 2 months to put it all back together and make it functional. Technicians from Switzerland and Germany were required to return to the plant to repair and reinstall production lines, this alone cost approximately $30,000. terms Maximum loan award: $250,000 Average loan award perjob: $5,000 5-7 year term on fixed asset loans 10 year maximum on real property loans Step 3: The loan review committee meets on the third Thursday of each month. The committee evaluates the application and makes a recommendation to the ECICOG Board of Directors. Step 4: The ECICOG Board of Directors acts on the Loan Review Committee's recommendation. Step 5: Approved applications begin the loan closing process. This includes preparation of the loan closing documents and scheduling of a loan closing date. ECICOG is an Equal Opportunity Lender SoyaWax International, Inc., located in Cedar Rapids SoyaWax was physically impacted by the flood. They lost a tremendous amount of wax inventory. ECICOG's RLF awarded them $50,000 that was used to purchase two truckloads of inventory that is feedstock required for a pilot production project to commercialize second generation soywax. Competitive interest rates ~ ~~ ~ ~~ Loan closing fee of 2% of loan award ~ lriternatranaf PAGE 2 Disaster Recovery Department The Disaster Recovery Department has been involved in many projects related to flood recovery and rehabilitation in the wake of the 2008 disasters. ECICOG continues to administer State and Federal Housing Jumpstart programs, which have provided more than 150 homeowners with over $2.4 million in assistance to date, with an additional $835,000 in assistance approved for the upcoming year. In addition to administering these funds, the Disaster Recovery Department is working on Single-Family New Construction (SFNC) projects, detailed below. What are SFNC Round 1 and Round 2? he Iowa Department of Economic Development (IDED) has made available Community Development lock Grant (CDBG) funding to construct new single-family housing as part of disaster recovery (forts. Funds from the program act as an acquisition subsidy to potential homebuyers to buy down ie cost to construct a home to an affordable sales price and loan amount. or Round 1 of the program, ECICOG received funding for construction in the city of Palo, and has ontracted with the Housing Trust Fund of Johnson County (HTFJC) to administer the homebuyer pplication intake and the funding process for the communities of Lone Tree, North Liberty, Hills, and iffin. This partnership allowed ECICOG to leverage the expertise and resources of HTFJC, and has een a benefit to ECICOG, HTFJC, and participants alike. ound 2 was recently launched with the release of a Request for Proposals (RFP) detailed below. taff will create a plan for the ECICOG Board of Directors' approval and submittal to IDED in March. Round 1 Update The Housing Trust Fund of Johnson County, in partnership with ECICOG, has processed over 60 applications so far for the Round 1 of the SFNC program. ECICOG continues to accept applications for the program in Palo. Highlights: • 66 single-family units approved for construction • 24 properties matched with new homeowners • 20 new homeowner applicants are in process • Future homeowner applications to be processed first-come, first-served Round 2 -RFP • Funding available for 40-50 new units • Focus on affordable housing, not just flood replacement housing • ECICOG RFP opened January 15, 2010 • Early response shows significant interest in development of affordable housing • ECICOG RFP closes February 16, 2010 C °'Families who've benefited from the program are so grateful. I'm often overwhelmed by their sincere expressions of thanks for helping them achieve new homeownership." Tracey Achenbach HTFJC Executive Director ~ow~ ~'x:nance Authority ~ w~ ~ ST iH G i~u n[Jn F nH n c. nn MUui ie PAGE 3 Environmental Services Department Tama County School Recycling Grant One of the main Environmental Services Department projects for the past several years has been a Solid Waste Alternatives Program (SWAP) funded school recycling program. In 2009, the program was completed in Tama County schools and a new project for Benton County schools was proposed and funded. The school recycling project is designed to start or expand recycling in schools, and provides comprehensive waste and recycling education to one grade level in each district. The program has been successful in introducing the education services offered by ECICOG staff to the schools. Long-term relationships have been established with schools participating in the program resulting in invitations for classroom presentations year after year. The collection containers provided through the grant improved paper recycling in Tama County schools. Gladbrook and the Meskwaki Settlement schools reduced their garbage significantly by recycling. All schools reported at least a slight increase in paper recycling and a much improved collection method. The awareness of recycling increased in all of the schools as well. The final report for the project is available from ECICOG or DNR. Accomplishments Students learn about recycling. ECICOG staff provided lessons covering resource conservation, recycling, composting, household hazardous materials, and waste reduction. Participating Schools Union Community South Tama County Community Gladbrook / Reinbeck Community Green Mt. / Garwin Community North Tama County Community Meskwaki Settlement School Funding Purchased 345 classroom collection bins, 11 curbside-sized bins and 28 wheeled toters for schools. • Recycling awareness presentations to approximately 4,000 students, teachers and staff. Delivered recycling posters to each classroom to be used with collection bins. • Presented 75 lessons at six schools reaching 1,789 students. • Developed and delivered resource kits (6) to teachers in each school district. DNR Solid Waste Alternatives Program (SWAP) Tama County School Recycling Program $13,000 grant, matched with $13,000 in local funds (cash and in-kind) ~I'I PAGE 4 Teacher resource kits including paper making materials, a vermi-composting bin with worms, a trash-to-treasure bag holding examples of recycled content and reuse materials, student and teacher books, and activity materials. Transportation Department In addition to traditional transportation funding, the Transportation Department staff assisted in the programming of American Recovery and Reinvestment Act funds (known more popularly as "Stimulus funds"). With shortened timelines, programming these projects required considerable coordination between the ECICOG staff, applicants, and the Iowa Department of Transportation. What is ARRA? On Tuesday, February 17, President Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) into law. The $787 billion economic stimulus package was designed to boost the economy by saving or creating good jobs immediately, and laying the foundation for long-term economic growth. The package included many provisions that were particularly important to Regional Planning Affiliations (RPAs) and the transportation industry. Transit Projects Benton County Transportation: • 2 light-duty buses Iowa County Transportation: • 2 light-duty buses Johnson County SEATS: • 3 light-duty buses Jones County JETS: • 1 light-duty bus Washington County Mini Bus: • 3 light-duty buses • 1 minivan ECITRANSIT How much transportation funding was available? • The Region 10 RPA, staffed by ECICOG, received an ARRA allocation of approximately $6.2 million for highway projects. • In addition, East Central Iowa Transit received an allocation of $767,000 to replace public transit vehicles. St~muiu~s Benton Gaunty H~g~wa p.~nn Coun[~: yr Pra-jects .loner vounty ~-65. resurface Trdy Putills Rd, overlay E-3A averlay 5.5 miles fr©m i lram Central City Rd Highvray 218 to V4t noRh 2.6 miles I i ;i`' ~ 1 - _, ~ ~ Cedar County - ~-..~' I Y•2G, ~7urant City - Il i' _,I Limits To F-44 ~; s , Johnson County: Iravra Couniy: I '. 6ak Crest Hill Rd rehafz F-67 averlay 3.5 miles 120th Staeet _ -_ _ __~ paven5endreplacement JrI ~J IJi': ~~:.I Srilvli~Celti E~IC~G PAGE 5 BENTON COUNTY City of Atkins ^ Summer Library Reading Program City of Belle Plaine Pre-Disaster Mitigation Plan I-JOBS Storm water Grant Application CDBG Downtown Revitalization Application Annexation Study of Mt. Auburn CDBG Administration -wastewater of Norway Summer Library Reading Program CDBG Application -Sanitary Sewer of Shellsburg Summer Library Reading Program of Van Horne Summer Library Reading Program of Vinton Summer Library Reading Program School Solid Waste Education Programs Solid Waste Flood Assistance Residential Buy-Out Administration on County ~ Subdivision Ordinance Update CDBG Administration -wastewater Comprehensive Plan Update Landfill Services Education & Promotion Recycling Drop Off Program Assistance Land Evaluation & Site Assessment Program Facilitate School Assembly in Vinton Solid Waste Flood Assistance EDA Business Assistance -RLF Farm Safety Day SW Education Solid Waste E-Newsletter City of Ladora ^ Assistance with Firefighters Application City of Marengo ^ Housing Rehabilitation Grant Application ^ Summer Library Reading Program City of Williamsburg ^ Summer Library Reading Program ^ CDBG Economic Development Set-Aside "ALB-GOLD" Bionade (Amana) ^ Clear Creek Amana School SW Education Programs ^ EDA Business Assistance -RLF ^ Summer Library Reading Program -Amana ^ Kiwanis Solid Waste Presentations ^ Solid Waste E-Newsletter :ity of Coralville ^ Housing Rehabilitation Program ^ Summer Library Reading Programs ^ Hazard Mitigation Plan ^ Community SW Educational Programs ^ School SW Educational Programs City of Iowa City ^ Landfill Service s education & promotion ^ Salvation Army Needs Assessment ^ Hazard Mitigat ion Plan ^ Community SW Educational Programs ^ School SW Edu cational Programs ^ U of I Recyclin g Task Force Assistance ^ Fair/Expo SW E ducational Programs ^ Summer Librar y Reading Program City of North Liberty ^ Housing Fund Application ^ EDSA Project A dministration ^ Summer Librar y Reading Program ^ School Solid W aste Education Programs ^ Hazard Mitigat ion Plan City of Shueyville ^ Development Review ^ Zoning Ordinan ce City of Solon ^ Summer Library Reading Program ^ Housing Rehab ilitation Program ^ CDBG Adminis tration -Solon Senior Housing City of Tiffin ^ Summer Library Reading Program ^ Land Use Plan Update Johnson County ^ Housing Task F orce ^ FHLB/AHP Adm inistration III ^ FHLB Applicati on ^ CDBG Administration -day care Johns on/Linn County Public Leadership Group Iowa County State Recreation Trail Application ^ Illegal Dumping Grant Feder al Recreation Trail Application ^ Amana Schools Summer Lib rary Reading State Enhancement Application Program Hazar d Mitigation Plan ^ Landfill Services Education & Promotion Johns on County Buyout Applications & ^ Facilitate School Solid Wast e Admi nistration - HMGP and CDBG Assemblies in Marengo & C lear Creek/Amana Com munity SW Educational Programs ^ EDA B usiness Assistance -RLF ^ Solid Waste E-Newsletter ^ Single-Family Housing New Construction PAGE 6 JONES COUNTY City of Anamosa ^ Housing Rehabilitation Program III ^ Summer Library Reading Program ^ School Recycling Presentations ^ State Recreation Trail Application ^ Federal Recreation Trail Application ^ State Enhancement Application ^ Annexation Study ^ Zoning Ordinance Update ^ Hazard Mitigation Plan ^ Site Plan Ordinance Update ^ Subdivision Ordinance Update ^ CDBG Supplemental Flood Infrastructure Grant ^ Solid Waste E-Newsletter ^ Community SW Educational Programs :ity of Center Junction ^ CDBG Administration -Water :ity of Martelle ^ Hazard Mitigation Plan :ity of Monticello ^ CDBG Administration -daycare ^ School Recycling Presentations ^ Summer Library Reading Program ^ Hazard Mitigation Plan :ity of Olin ^ Summer Library Reading Program ^ Housing Fund Application ^ Hazard Mitigation Plan ^ School SW Educational Programs ^ Daycare SW Educational Programs :ity of Oxford Junction ^ Hazard Mitigation Plan ^ CDBG Application -Water ^ Codification :ity of Wyoming ^ Summer Library Reading Program ^ Hazard Mitigation Plan ^ CDBG Administration-Water ^ CDBG Administration -Childcare Jones County ^ CDBG Administration -wastewater ^ FHLB/AHP Administration ^ FHLB Application ^ SW Commission Advisory Committee ^ SW Policy Assistance and Research ^ Landfill Services Education & Promotion ^ Hazard Mitigation Plan ^ EDA Business Assistance -RLF ^ Facilitate School SW Assemblies ^ Solid Waste E-Newsletter LINN COUNTY City of Bertram ^ Summer Library Readin ^ Landfill & Recycling Pre ^ Daycare SW Educatior ^ School SW Educational ^ Community SW Educai ^ EDA Project Administra ^ EDA Application Assistc Hospital, Mercy Medicc City of Center Point ^ Summer Library Readin City of Coggon ^ Hazard Mitigation Plan ^ Summer Library Readir City of Hiawatha ^ Summer Library Readin City of Lisbon ^ Summer Library Readin City of Marion m to various groups al Programs Programs on Programs 'ion -Mercy Medical Center nce - St. Luke's it Center, CRACC Program Program Program ^ Housing Kenabi~itation rrogram ^ Summer Library Reading Program ^ EDSA Administration ^ Housing Study Update ^ School SW Educational Programs City of Mount Vernon ^ Summer Library Reading Program City of Palo ^ Comprehensive Plan ^ CDBG Supplemental FI ^ Single-Family Housing ~ City of Springville ^ Summer Library Readir ^ Zoning Ordinance Upd Cedar Rapids/Linn County ^ Environmental Manage Assistance Infrastructure Grant construction Program Waste Agency nt Systems Pilot Project ^ ISOSWO Award Nomination ^ Mini-MRF ^ Assist with Landfill Tours ^ Community SW Educational Programs ^ Biomass Grant Application Linn County ^ Public Educa ^ Johnson/Linn ^ Housing Func ^ Housing Trust ^ FHLB Applica ^ SHTF Applica ^ EDA Business Assistance ~nty Public Leadership Group nd for Linn County - RLF PAGE 7 TAMA COUNTY City of Garwin Summer Library Reading Program ~ of Gladbrook Summer Library Reading Program of Dysart Summer Library Reading Program of Tama Summer Library Reading Program Daycare SW Educational Programs Community SW Educational Programs School SW Educational Programs of Toledo Summer Library Reading Program of Traer Landfill Services Education & Promotion Summer Library Reading Program Daycare SW Educational Programs School SW Educational Programs a County Landfill Services Education & Promotion Solid Waste E-Newsletter School Recycling Program-SWAP Grant Recycling Drop off Contract Assistance of Ainsworth Hazard Mitigation Plan of Brighton Hazard Mitigation Plan of Crawfordsville Hazard Mitigation Plan of Kalona Housing Rehabilitation Summer Library Reading Program Hazard Mitigation Plan of Washington Housing Fund Application ^ Facilitated Land Use City of Wellman ^ CDBG Administration-Daycar ^ Housing Fund Application ^ Hazard Mitigation Plan ^ CDBG Application-Water City of West Chester ^ Hazard Mitigation Plan Washington County ^ FHLB/AHP Administration II ^ FHLB Application ^ Hazard Mitigation Plan ^ EDA Business Assistance - RLF REGIONAL Solid Waste Landfills/ Commissions ^ Solid Waste Comp ^ Staff Solid Waste T~ ^ Staff Assistance to ^ Presentations to Sty ^ Prepare Form E for ^ Iowa Waste Excha Community DevelopmE ^ EDA CEDS Plan GIS ^ Housing Rehabilitatio Marengo, North Liber ^ CDBG Maps: Wyomir ^ Hazard Mitigation Mc ^ Land Use Maps: Bent Annexation Study, Tifi Trails Transportation/Transit ^ Administration of Reg ^ Staff Assistance to Cc Planning d Waste Commissions Teacher Conference AP Applications Administration n Maps: Marion, Wellman, Olin, ty, Belle Plaine, Coralville Ig Childcare Ips ~n County LESA, Anamosa 'in Future Land Use, Jones County Tonal Transit System ~ntracted Transit Providers ^ Annual Consolidated Transit Application ^ Administration of State & Federal Funding Contracts ^ Prepare Annual Servic e Agreements ^ Procure Regional Tran sit Equipment ^ Staff Transit Operators Group ^ Staff Transportation Po licy Committee ^ Staff Transportation TA C ^ Transportation Plannin g Work Program ^ Transportation Improv ement Program ^ Long Range Transport ation Plan Update ^ Prepare annual PTP ^ Trail Plan Update ^ Regional ITS Implementation ^ Coordinate with Metro politan Planning Organizations ^ Staff Transit Services R eview Committee ^ ITS Implementation ^ JTQTT I-IJIHI~ ^ Grants: State Trail Fund Federal Recreation Trail Program State TE ^ Safe Roads to Schools Iowa Association of Regional Councils ^ Staff serves on Board of Directors ^ Facilitate Strategic Plan ^ EDA Co-application Iowa Recycling Association ^ Staff serves on Board of Directors ^ SMRF Application Assistance -EPA Grant & REAP CEP Grant ^ Fall Conference Planning Committee ^ Grant Application Assistance ^ Education Committee General Public and Other Organizations ^ Educational Presentations ^ Information Provision & Referral ^ Planning & Zoning Workshops & Training ^ Continuum of Care PAGE 8 The Iowa Waste Exchange (IWE) is a free, confidential, and non-regulatory program geared towards finding a beneficial reuse for materials that would otherwise end up in the landfill. Since its inception in 1990, the IWE has matched 2.6 million tons and saved Iowans $59.8 million by diverting wastes from the landfill. The program is administered by the Iowa DNR and is funded through landfill tipping fees. ECICOG hosts the IWE's Area 4 Resource Specialist, Mary Beth Stevenson, who serves the counties of Linn, Jones, Iowa, Benton, Tama, and Johnson. Through this program, area businesses can receive valuable technical assistance in finding cost-effective alternatives to the landfill, which sometimes requires a bit of creative thought. For example, Stevenson recently worked with a local manufacturer of granite countertops to find a beneficial reuse for leftover pieces of high-quality rock material. The Cedar Valley Habitat for Humanity Restore looked at a sample of the material, and decided they could market the rock pieces in their store as an art material for mosaic projects. In addition to conducting a thorough assessment of waste needs, Stevenson can also provide referrals for additional resources available to businesses. To learn more about the Iowa Waste Exchange, please contact Mary Beth at 319-365-9941 x121. Breen joined the ECICOG staff in January as a disaster recovery ~rdinator. ECICOG had received a grant from the Department of mmerce -Economic Development Administration to fund two such ~itions for twenty-four months. Breen is filling the vacancy in this position the remainder of the funding period, caused by reassignment of another ff member. acy DeKoter, ECICOG economic development coordinator, and her band, Trent, welcomed their third son, Callen DeKoter, to the region on iuary 31. The ECICOG staff and board of directors congratulate them on latest arrival. DeKoter will be out of the office until late February, but will checking email and voice mail messages regularly. February 11 ECICOG Solid Waste TAC Meeting, Iowa City Municipal Airport, 1801 S. Riverside Dr., Iowa City, 1:00 p.m. February 15 ECICOG offices closed in observance of President's Day holiday February 16 Responses to RFP for Single-Family New Construction due to ECICOG offices by 4:30 p.m. February 25 ECICOG Board of Directors Meeting, ECICOG Offices, 700 16~' Street NE, Cedar Rapids, 1:00 p.m. March 11 ECICOG Transit Operators Group Meeting Washington County Mini Bus, 1010 W. Fifth Street, Washington, 10:00 a.m. ECICOG Solid Waste TAC Meeting Iowa State Penitentiary, 406 N. High Street, Anamosa, 1:00 p.m. March 15 Region 10 RPA Policy Committee Meeting, ECICOG offices, 700 16~' Street NE, Cedar Rapids, 9:00 a.m. March 25 ECICOG Board of Directors Meeting, ECICOG Offices, 700 16~' Street NE, Cedar Rapids, 1:00 p.m. ECICOG was established in 1973 to promote regional cooperation and provide professional planning services to local governments in Benton, Iowa, Johnson, Jones, Linn and Washington Counties. ECICOG also provides solid waste planning services to Tama County and transportation planning services to Cedar County. Members of the ECICOG Board of Directors: Lu Barron Connie Champion Leo Cook (Chair) Bill Daily Gary Edwards Tom Gill Don Gray Dennis Hansen Ann Hearn Marty Kelzer Linda Langston COG Staff Adam Mangold Susan Mims Charles Montross Dave Plyman Ed Raber Ben Rogers Sally Stutsman Kathleen VanSteenhuyse David Vermedahl Larry Wilson Linda Yoder EXT Doug Elliott, Executive Director 122 Gina Peters, Administrative Assistant 120 Robyn Jacobson, Contracts Administrator 134 Mary Rump, Transportation Director 128 Hilary Copeland, Transportation Services 125 Gina Johnson, Transportation Services 137 Chad Sands, AICP, Comm. Development. Director 127 Adam Ralston, Comm. Development 133 Robert Arnold, Housing Services 124 Tracy DeKoter, Economic Development 130 Jennifer Ryan Fencl, Environmental Sen~ices Dir 131 Kristin Simon, Solid Waste Planning 126 Mary Beth Stevenson, Iowa Yl'aste Exchange 121 Kristine Chiafos, Disaster Recovery 135 Melanie Riley, Disaster Recovery 138 Diana Stromer, Disaster Recovery 123 JJ Breen, Disaster Recovery 139 East Central Iowa Council of Governments 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 52402 (319) 365-9941 Fax: (319) 365-9981 e-mail: ecicog@ecicog.org ECIC: G EAST CENTRAL 1C]'WA CUUNCIL C]F C-~QVERNIv1ENT5 YOUR REGIONAL PLANNING AGENCY PAGE 9 Page 1 of 6 Marian Karr I P 14 From: ECICOG [kristin.simon@ecicog.org] Sent: Wednesday, February 10, 2010 2:15 PM To: Council Subject: News from ECICOG ECIC: G Winter 2010 Garba a Gra evine Newsletter g p Environmental Services to Benton, Iowa, Johnson, Jones, Linn and Tama counties In an effort to improve the Garbage Grapevine we're changing the format and delivery system. The first two articles will cover regional issues, just like page one in former Grapevine issues. Articles will be brief--you're busy--you'll get the information you need in a few short sentences. A link will be provided to access more detailed information. For service area specific articles, page two of former Grapevine issues, click on the links to the left or scroll down to articles of interest. Feel free to forward the Grapevine to interested friends and collogues. Let us know what you think! In This Issue - Medication Disposal Program Recycle Used Rechargeable Batteries and Cell Phones Iowa City/Johnson Co. News Benton County Iowa County Jones County Tama County Join Our Mailing List! New Medication Disposal Program , TakeAway Environmental Return System Dispose of unwanted or expired medications in a safe and convenient way. Over three hundred Iowa pharmacies are participating in the TakeAway program provided by the Iowa Pharmacy Association. TakeAway pharmacies will accept your old medications at no charge to you. The pharmacist packages the medication and ships it for proper disposal. For years the public has been instructed to flush old or expired medication down the toilet or to throw it in the trash. These practices may contaminate drinking water. When you take your medication to participating TakeAway pharmacies you're protecting your local water supply. To find a pharmacy near you go to www.iarx.org/takeaway and enter your zip code. 2/11/2010 Page 2 of 6 Host a Used Rechargeable Battery and Cell Phone Recycling Box Ca112Recycle a Rechargeable Battery Recycling Corporation (RBRC) Program ECICOG is implementing a regional collection program for rechargeable batteries and cell phones. Hosting is free, easy and convenient. We're looking for your participation! Suggested location: • Court House • City Hall • Fire Station • Highway Department • Library • Hospital Rechargeable batteries are generated in these locations AND your residents will find these public locations convenient drop-off sites. Collection boxes are mailed to your location. Used rechargeable batteries and cell phones are placed in provided plastic bags and put in the box. When the box is full, seal it up and hand it to your UPS driver. Pull out your backup Ca112Recycle box and keep recycling. A new backup box will be shipped to you upon receipt of your full box. To sign up contact ECICOG and we'll get you started! For more information go to www.call2recycle.ora ECICOG 700 16th Street, NE Suite 301 Cedar Rapids, Iowa 52402 319-365-9941 Environmental Services Department Staff Jennifer Reran Fencl, Department Director Kristin Simon, Planner Mar~r Beth Stevenson, Iowa Waste Exchange Iowa City Drop-off Recycling Program ALL Johnson County residents are encouraged to recycle at these locations The Iowa City Landfill and Recycling 2/11/2010 Page 3 of 6 Center operates five drop-off recycling locations across the city. In four years, the tonnage received through the drop-off program has almost tripled! Recently the City received a grant to continue improvements at these sites. Improvements include color coded containers and signage making it easier for residents to sort materials into the correct container. To keep sites safe and clean: PLEASE Flatten cardboard boxes Rinse all containers Place material into the properly marked container Locations: North Dodge Hy-Vee parking lot (24/7) 1201 N. Dodge Accepts: Paper: mixed paper, newspaper, and cardboard Glass: brown, green and clear Metal: steel cans Plastics: 1-7 (no Styrofoam or plastic bags) Eastdale Plaza parking lot (24/7) 1st Ave. and Lower Muscatine Accepts: Paper: mixed paper and newspaper Plastics 1-7 (no Styrofoam or plastic bags) Rochester Drug Town parking lot site (24/7) 301 N. 1st Ave Accepts: Paper: mixed paper, and newspaper Plastics: 1-7 (no Styrofoam or plastic bags) East Side Recycling Center(24/7) 2401 Scott Blvd., SE Accepts: Paper: mixed paper, newspaper, and cardboard Glass: brown, green and clear Metal: steel cans Plastics: 1-7 (no Styrofoam or plastic bags) Iowa City Landfill and Recycling Center (7a.m.-4:30 p. m. Mon.-Sat.) 3900 Hebl Ave., SE Accepts: Paper: mixed paper, newspaper, magazines and cardboard Glass: brown, green and clear Metal: steel cans Plastics: 1-7 (no Styrofoam or plastic bags) Other non-city locations: City Carton Recycling, Inc. (24/7) 3 East Benton Street Accepts: Paper: mixed paper, newspaper, magazines, cardboard, books, and telephone books Glass: brown, green, and glass clear Metal: steel and aluminum cans Plastics 1-7 (no Styrofoam), and plastic bags 2/11/2010 Page 4 of 6 Questions? Contact Jennifer Jordan Iowa City Recycling Coordinator or call 319-887-6160 Cities, Start The New Year Right! Select a delegate to your landfill commission! Benton County Landfill 7904 20th Avenue, Blairstown Hours: Monday-Friday 8AM to 4PM, 1st Sat. 8 to 11:30AM Phone: 454-6392 All recyclable material is banned from the landfill. Please use provided curbside or drop-off recycling programs. Services: Garbage: No charge to residents Construction/demo: $50/ton; Shingles: $50/ton Appliances: $5/unit; Scrap metal: No charge Lead-acid batteries: No charge Tires: Passenger tire $1.50/tire Light truck tires $2/tire Heavy truck tires $5/tire Tractor tires $10/tire Additional charge if on rims. Electronics: Computer Monitors $7 Televisions under 19" $8 Televisions over 19" $15 Large console televisions $20 Desktop printers/fax/copiers $3 Large printers/fax/copiers $15 Regional Collection Center (RCC) For household hazardous materials. Accepts materials at no charge from Benton County residents. Call for an appointment. Iowa County Landfill 3369 Highway 6 Trail, Homestead Hours: Monday-Friday 8AM to 4PM Saturday 8AM toNoon Phone: 828-4943 Please use provided curbside or drop-off recycling programs for your corrugated cardboard, newspapers, magazines, junk mail, steel/aluminum cans, and plastic containers. 2/11/2010 Page 5 of 6 Services: Garbage: $45/ton min. charge $7/load Construction/demolition/shingles: $45/ton Fluorescent ballast: $10/unit Appliances: $10/unit, Scrap metal: $45/ton Tires: • Passenger $2/tire • Light truck $2/tire • Heavy truck$4/tire • Tractor $8/tire Additional charge if on rims Electonics: • Computer Monitors - $7 • Televisions under 19"- $8 • Televisions over 19"- $15 • Large console televisions - $20 • Desktop printers/fax/copiers - $3 • Large printers/fax/copiers - $15 Regional Collection Center (RCC) For household hazardous materials accepts materials at no charge from Iowa County residents. Call for appointment. )ones County Transfer Station 13859 Edinburg Road Hours: Monday-Friday 9AM to 3PM, Saturday 9AM to 4PM Phone: 462-3898 Services: Garbage: $46/ton Construction/demolition/shingles: $46/ton Lead-acid batteries: No Charge Appliances: $10/unit, Scrap metal: $46/ton or 2.3¢/Ib. Tires: 7¢/Ib. Electronics: • TV's and Monitors: $15/unit • Console TV's: $25/unit • Large Printers, Copiers, Fax machines: $10/unit • All other electronics at NO CHARGE Regional Collection Center (RCC) For household hazardous materials accepts materials at no charge from Jones County residents. Call for appointment. Tama County Landfill 2872 Avenue, Toledo Hours: Monday-Saturday 7:30AM to 3:30PM 484-5061 2/11/2010 Page 6 of 6 Services: Garbage: $35/ton Construction/demolition/shingles $35/ton Lead acid batteries: No charge Yard waste/brush: No charge Anti-freeze: 50¢/ gal. Appliances: $7/unit; Scrap metal: No charge Tires: Passenger $1/tire • Light truck $1/tire • Heavy truck $3/tire • Tractor $8/tire . Motor grader $10/tire Additional charge if on rim Regional Collection Center (RCC) For household hazardous materials accepts materials at no charge from Tama County residents. Call for appointment. Forward email ®SafeUnsubscribe ~ This email was sent to council@iowa-city.org by kristin.simon@ecicocLorg. Uodate Prot'ile/Email Address I Instant removal with SafeUnsubscribe'"' (Privacy Policy. ECICOG 1700 16th Street, NE ~ Suite 301 I Cedar Rapids I IA 152402 Email Marketing by ~~~ COrI~~ TRY IT FREE 2/11/2010 IP15 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT JANUARY 13, 2010 - 5:00 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Le Ann Tyson, Will Jennings, Robert Anderson MEMBERS EXCUSED: Barbara Eckstein STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: Judy O'Donnell, Pete McNally, Doug Paul, Don Hilsman, Jason Hilsman RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Caroline Sheerin at 5:02 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Sheerin, Jennings, Anderson and Tyson were present. CONSIDERATION OF THE MINUTES FOR DECEMBER 16T" 2009: Jennings offered a clarification to the minutes and Sheerin offered a stylistic correction. Tyson moved to approve the minutes as amended. Jennings seconded. The motion carried 40 (Eckstein absent). Iowa City Board of Adjustment October 14, 2009 Page 2 of 25 SPECIAL EXCEPTIONS: EXC09-00008: Discussion of an application submitted by Judy O'Donnell for a special exception to allow a specialized education facility to operate at 415 Highland Avenue, in an Intensive Commercial (CI-1) zone. Walz outlined the property location, a large building in a CI-1 zone. The proposed use would occupy approximately one-third of the building which would be divided into two classroom areas; the rest of the building is vacant at this time. Walz explained that in December the City Council had approved an amendment to the zoning code to allow specialized education facilities in the CI-1 zone by special exception, setting forth the criteria by which the special exception should be considered. Walz said that one criteria is that the use be functionally compatible with surrounding uses such that the health and safety of students and clients are not compromised. In determining this, the Board is to consider such factors as they types of businesses that predominate in the immediate vicinity and whether or not those have negative externalities such as excessive noise, dust, or vibration, and whether or not the proposed use can be designed to mitigate any harmful effects. Walz explained that in this instance the surrounding neighborhood consists mostly of auto repair businesses, although there are a mix of other uses present that are permitted in the zone. Staff believes that the proposed use is appropriate for the area because of the mix of uses found in the neighborhood. The surrounding uses are undertaken primarily indoors and do not present negative externalities that would be harmful to clients or students of the proposed facility. Walz said that this neighborhood has direct access to two arterial streets. The proposed fencing school will also operate primarily indoors, and the operator believes that no more than 30 people will usually be present at any given time. The site plan shows there is adequate ingress and egress: on the west side there is a curb cut with one-way access; on the east side there is a shared two-way drive. Walz said that she would not go through all of the general criteria because she thinks that the specific criteria get at the potential conflicts in uses in the zone. Because of the nature of the neighborhood and the proposed use, Walz said that conflicts with the existing businesses were not anticipated. Walz said that in the Central District Plan this area is set to be preserved for CI-1 uses, which do not conflict with the proposed use. Walz said that Staff recommends that this application for a specialized educational facility to be located in the Intensive Commercial (CI-1) zone at 415 Highland Avenue be approved subject to an application for the building permit, which will establish the change in use, and that the special exception is limited to a fencing school. Walz offered to answer any questions the Board might have. Jennings noted that Staff recommendations specify that the special exception is for a fencing school. He asked if this meant that a different special exception would be required for a yoga school or tae kwon do school at the same location. Walz said that was correct. She explained that normally another qualifying use, another specialized educational facility, would be allowed without the need for another special exception so long as the new use was not an expansion. However, in this case, Staff recommends that only the fencing school be allowed under this special exception. Jennings said that he had asked for clarification because it occurred to him that this particular use was very space intensive, and the number of people anticipated to be in Iowa City Board of Adjustment October 14, 2009 Page 3 of 25 the facility is relatively low. He noted that another specialized educational facility might double or triple the intensity of the building as it would likely not need as much space per person as the fencing school. Walz said that this was one of the reasons staff felt that this use was appropriate, as it is not a heavy traffic generator, whereas another specialized educational facility might be. There were no further questions for staff and Sheerin opened the floor to those wishing to speak on behalf of the application. Judy O'Donnell of the Iowa City Fencing Center, 16 South View Drive Northeast, spoke on behalf of the application. She said that she was happy to have the opportunity to address the Board as the process to get this fencing school up at this location had begun in September 2009. O'Donnell said she would like to make a correction to the number of square feet the facility will be occupying; she said the fencing school will actually take up two-thirds of the building or 6, 244 square feet, not one-third as staff had indicated. Sheerin asked if there were any questions for the applicant. Tyson asked if the fencing school would occupy the front of the building. O'Donnell said the school will actually be down one side of the building and across the back in a kind of an L- shape. She said that there would be another tenant at the front of the building near the front door, and that the owner is actually going to put another front door in for the fencing school. Sheerin asked if it was correct then that the front of the building would be occupied by someone other than the fencing school; O'Donnell said that was correct. Sheerin asked if it was the case that the parking spaces mentioned in the report were for the fencing school and not the other business(es) that might occupy the other one-third of the building. O'Donnell said she presumed they were in reference to the fencing school but that she was willing to share if need be. O'Donnell said the fencing school was going to have more than enough parking spaces; she said that only two spaces are required for each room and there are a total of 18 parking spaces. Sheerin asked if it was correct that O'Donnell expected no more than 30 people on the premises at one time. O'Donnell said that was correct and that they also anticipated patrons using the bus stop just down the street. She noted that if children were going to the school that it was likely parents would simply be dropping them off. Walz noted that there is on-street parking in addition to the parking available in the lot. She clarified that the owner of the property would be required to give the fencing school the minimum four parking spaces as a part of the lease. O'Donnell said that the lease already allows for nine or ten parking spaces. Anderson noted that the staff presentation indicated that uses would be "primarily" indoors. He asked if there were any intentions on O'Donnell's part to have activities outside. O'Donnell said there were not. She explained that it was an indoor sport requiring a nice smooth surface to play on. Jennings asked if O'Donnell imagined hosting tournaments that might periodically bring a larger number of people to the facility. O'Donnell said that they indeed wanted to host tournaments, but that typically a tournament in this area would be fairly small. She said that in the Chicago area a tournament might draw 40 people, but that such numbers were unlikely in this area. Iowa City Board of Adjustment October 14, 2009 Page 4 of 25 Sheerin asked how frequent tournaments would be. O'Donnell said that ideally they would take place once a month, but that they would occur on the weekends and would not conflict with nearby businesses. There were no further questions for O'Donnell. Sheerin invited anyone opposed to the application to speak, but no one wished to. Sheerin invited a motion. Jennings moved to approve EX09-00008 an application for a specialized educational facility to be located in the Intensive Commercial (CI-1) zone at 415 Highland Avenue subject to an application for a building permit to establish the change in use and that the special exception be limited to a fencing school. Tyson seconded. Sheerin invited discussion from the Board; there was none. Sheerin closed the public hearing and invited the findings of fact. Jennings said that the use will be compatible with surrounding uses such that the health and safety of clients and students are not compromised. The Board has considered factors such as the type of businesses that predominate in the immediate vicinity and whether there are any significant negative externalities created by these uses such as excessive noise, dust or vibrations from outdoor work areas that may pose a health or safety risk to the clients and students of the proposed use; and where such negative externalities exist whether the buildings on site can and will be designed to mitigate the harmful effects. Jennings said that the applicant has explained that a fencing facility requires a large amount of interior space to accommodate a limited number of participants. The applicant has also explained that the proposed facility will be in use primarily in the evening and on weekends, and that they do not anticipate having more than 30 people at the site at one time. Jennings said that the surrounding neighborhood is a mix of relatively low-intensity repair and supply uses as well as veterinary offices and community service uses, with good vehicle access to surrounding arterial streets. Because the surrounding uses operate primarily indoors and do not create excessive dust, or vibrations or present other risks to the users of the proposed fencing school the Board believes the proposed use will be compatible. Jennings noted that the minimum parking standards for specialized education facilities are met as the facility will have two classroom areas and the applicant expects no more than 30 people on-site at a given time. The site provides 18 spaces, much more than is required. The proposed facility will operate outside of normal business hours and the location on Highland has good access to Gilbert Street and Highway 6. Jennings said no conflicts are expected between the proposed use and the surrounding uses. Sheerin invited Jennings to present the findings of fact for the general standards as well. Walz advised Jennings that if he did not wish to read through all of the general standards he could simply summarize if he wished. Sheerin said that the proposed use will not be detrimental to or endanger the public health, safety, comfort of general welfare because: all activities will occur indoors; the use will not generate excessive noise, vibrations, odors, dust or health hazards; the proposed use will Iowa City Board of Adjustment October 14, 2009 Page 5 of 25 operate primarily outside of regular business hours and will not generate significant amounts of traffic; and adequate parking is provided. Sheerin said that the proposed use will not be injurious to the use or enjoyment of other property in the immediate vicinity or substantially diminish or impair property values in the neighborhood. Sheerin said this was true because the neighborhood consists of mixed uses that are relatively low in intensity and take place primarily indoors. Sheerin said that the proposed use would not impede the normal and orderly development and improvement of the surrounding area for the reasons previously given. Sheerin said that adequate utilities, access roads and drainage are already in place to serve this facility. Sheerin said that adequate ingress and egress is provided as Highland Avenue provides direct access to South Gilbert Street and Highway 6 and is adequate to handle the limited traffic generated by the fencing school, which operates primarily on evenings and weekends. Sheerin said that in all other respects the use conforms to the applicable regulations or standards of the zone, noting that a building permit is required to establish the change in use and that the parking area was recently updated in compliance with code requirements. Sheerin said the use is consistent with the Comprehensive Plan because the neighborhood is designated to be preserved as an Intensive Commercial zone and this is consistent with that use. Tyson said that she would vote in favor of the application because it does in fact meet the requirements of the Comprehensive Plan, and it is a setting that would comply with the general uses in the area. Anderson said he finds the proposed use consistent with the zoning code. He said his primary concern was traffic generated by the use and that this concern was alleviated by learning that the facility will operate primarily outside of regular business hours. Sheerin called for a vote. The motion was approved on a 4-0 vote (Eckstein absent). EXC09-00007: Discussion of an application submitted by Iowa Wireless Services, LLC for a special exception to construct a communications transmission facility in an Interim Development -Single Family Residential (ID-RS) zone at 3106 Rochester Avenue. Walz explained that this was another application coming before the Board because of a recent change in the zoning code. Walz said that the City broadened the areas in which cell phone towers could be considered to include the Interim Development zones. Walz pointed out the location of the property along Rochester Avenue. Walz noted that the surrounding properties to the north, east, and west of the proposed tower are undeveloped and in the ID-RS zone. There is property to the south of the proposed tower, on the opposite side of Rochester, that is zoned RS-5 but remains undeveloped and currently still in use as agricultural land. Iowa Wireless is proposing construction of an 80-foot monopole cell phone tower on the property. Walz noted that the location of the cell tower is approximately 80 feet from the house; Walz said that this was not a concern of the zoning code; rather the zoning code requires that the tower be set back at least 80 feet (a distance equal to the height of the tower) from the property line along Rochester Avenue. Walz noted that the terrain is rather rolling in that area Iowa City Board of Adjustment October 14, 2009 Page 6 of 25 and that the proposed location is a high spot in the area. She said the tower would provide increased I-Wireless coverage for neighborhoods that are located primarily to the west and south of Scott Boulevard. Walz said that the applicant has followed the Good Neighbor Policy by holding a meeting where neighbors were invited to discuss the proposed tower with the applicant. Walz said she has had several calls about the cell tower and that she explained what is being proposed. She said she has not received any correspondence or comments to pass along to the Board. Walz said that the first criterion, which requires that the proposed tower serve an area that cannot be served by an existing tower or by locating antennae on existing structures in the area was satisfied for the following reasons. There are no towers within ahalf-mile radius on which to co-locate and that the nearest tower would not provide the necessary height as it is occupied by multiple users already. The commercial areas near Scott Boulevard and Rochester do not have viable locations for the tower, nor does the commercial area at the corner of First Avenue and Rochester. Walz said that I-Wireless looked into mounting antennas on a church off of Rochester, but found they would not be able to get the necessary antennae. Walz said that one alternative site could be at Lemme Elementary School, however the elevation is lower than the proposed site and this site is in an established residential neighborhood (as opposed to ID-RS). Walz said that the second criterion for the special exception requires that the tower be designed and constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Staff encourages the use of monopoles to make towers inconspicuous. Walz said the applicant is proposing a monopole but would prefer to use flush-mounted antenna on the pole instead mounting antennas inside the pole because it allows for easier maintenance. Walz said the Board could direct questions about that to the applicant. The third criterion is that the tower be no taller than is necessary to provide the service intended. The applicant provided several photographs to demonstrate views from differing angle of what the area looks like with the tower and without the tower. The applicant also supplied maps demonstrating the improvement in coverage afforded by varying heights of the tower. Walz noted that the coverage given by an 80-foot tower is significantly better than that of a lower tower a. Walz said that the proposed tower is set back more than 100 feet from the property line and that equipment associated with the tower will be enclosed in a shed. The proposed tower will use a back-up generator only in the event of a power outage. Staff recommends that in order to keep the site as inconspicuous as possible power lines to the facility should be buried underground. There is no lighting of any kind on the proposed tower. Walz said that while the proposed 80-foot tower could accommodate an additional set of antennas, that staff is doubtful another carrier would wish to co-locate since the available space for co-location would be at a height that the applicant's maps show limited potential for coverage. Staff therefore recommends that the Board approve a tower of 100-feet in height to provide a more viable opportunity for co-location. Walz noted that code requires that an engineer certified in Iowa verifies that the tower is designed to accommodate co-location. Walz said that the applicant is asking that this certification be waived until the application for the building permit is submitted. Walz said the applicant could answer questions about this request, but that staff found it to be reasonable. Iowa City Board of Adjustment October 14, 2009 Page 7 of 25 If the use of the tower is discontinued then the tower and associated equipment must be removed within one year, according to the requirements of the special exception. The applicant has provided an affidavit showing that the lease will require removal of the tower and associated equipment within 90 days. Walz said that the general standards are in part addressed by the specific requirements. Staff believes the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare because: the cell tower is set back more than the required 100 feet from the Rochester Avenue property line; the applicant must provide construction information as a part of the building permit process to show that the tower is structurally sound; and, the facility will not rely on a back-up generator but will have power from the local electric utility. Walz said that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantial diminish or impair property values because: the tower is designed to be inconspicuous, with no lighting, trusses or guy- wires, the antennas are flush mounted to the pole; the existing woodland will effectively screen the equipment associated with the facility; and the facility does not rely on a generator as its principle power source, rather it will draw from the local electric utility. The tower will improve cell coverage for the surrounding neighborhoods, and if allowed to extend up to 100 feet, will provide a co-location opportunity for another carrier. Staff believes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located because: the proposed tower is designed to be inconspicuous; it is screened by the established grove of trees; it will not generate additional traffic, noise, or glare; it will improve cell phone and wireless reception in surrounding neighborhoods; and the extension up to 100 feet would allow co-location by other carriers. The property on which the proposed tower is located as well as the abutting properties are zoned ID- RS. Before these properties can be developed they would have to go through the Planning and Zoning Commission and the City Council. At that time, if it is deemed necessary, the design of the subdivisions could be required to be done in such a way as to take into account the location of the cell tower. All adequate utilities, access roads, drainage and other facilities are already available to this property. Matters of ingress and egress are not going to be a problem for this site as it will not be a traffic generator. Walz noted that as part of the building permit process, the proposed site plan and tower will be reviewed by the building department to ensure that all other requirements of the zoning code are met. This will ensure that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Walz said that the final general standard is that the proposed use will be consistent with the Comprehensive Plan as amended. Walz said that the Northeast District Plan calls for preservation of open space and limited residential development in this area due to steep Iowa City Board of Adjustment October 14, 2009 Page 8 of 25 topography and other sensitive, natural features. The district plan does call for sensitivity with regard to signage and lighting in the area in order to preserve views. While the plan does not directly mention cell towers and other such structures, staff believes that some sensitivity is called for in allowing a cell phone tower in this area. Because the proposed design is unobtrusive and the tower height being proposed is not excessive, and because the tower will be located in a grove of mature trees and will have its electrical lines buried, Staff believes that the intent of the Comprehensive Plan and the Northeast District Plan are met. Staff recommends that EXC09-00007, an application for a Communications Transmission Facility in the Interim Development Single-Family (ID-RS zone) at 3106 Rochester Avenue be approved subject to the following conditions: the monopole tower be constructed to a height of 100 feet to allow potential co-location; no lighting of any kind is permitted on the cell tower; electrical distribution lines serving the facility must be buried underground; and there must be substantial compliance with the site plan and elevations submitted as part of this application. Sheerin asked if the Board had questions for Staff. Anderson said he had several questions. Anderson noted that the proposed tower is 80-feet from the existing house and that staff is recommending a tower height of 100-feet. Anderson asked if extending the tower would require a different site. Walz said that it would not. She noted that it is the owner of the property that is allowing the tower to locate there; the only setback requirement is from the property line. Anderson asked about the public comments Walz received by phone, asking her to characterize the comments. Walz clarified that she did not receive any comments. She said she received calls from people who had seen the sign and wanted to know what was being asked for. Walz said she explained that the applicant had requested an 80-foot tower but that the Board had the right to consider a tower of up to 120-feet in order to allow co-location, and that staff was recommending 100-feet. Anderson asked if the callers had any reaction to the explanation provided by Walz. Walz said that people simply wanted to know what the issue was. Anderson asked if the Board approved the application fora 100-foot tower if it was then mandated that the tower must be 100 feet. He said he did not want to get into a situation where the Board was approving the application as-is at 80 feet with an option to go to 100 feet. Greenwood Hektoen noted that staff's recommendation is to require the tower to be 100 feet, so if the Board adopted that recommendation, then a 100-foot tower would be required. Walz explained that one of the criteria was that the proposed tower "must be designed and constructed to accommodate at least one additional user," and that this was why staff proposed a 100-foot tower, to maximize the potential for an additional user. Jennings asked what would happen if for some reason the property owner decided to remove the natural screening provided by the mature grove of trees. Part of staff's recommendation is based on this natural screening. Walz said that as the screening is a grove of trees it is somewhat protected by the sensitive areas ordinance. If the applicant ever decided to develop the property, the bulk of those trees would be preserved. Walz said that it is not impossible that the owner could go in and clear cut the trees without the intention of developing the property. Walz said that it does, however, seem unlikely and so staff did not add any additional screening requirements. Greenwood Hektoen said that part of the idea around allowing the towers in interim zones is that the towers would already be in existence when people moved to the area Iowa City Board of Adjustment October 14, 2009 Page 9 of 25 and buyers/property owners would have full knowledge that they are moving in next to a cell phone tower. Walz noted that if the area is developed there is some limited allowance to remove some trees as part of the development process, but that in large part that grove of trees would be preserved. There were no further questions for staff. Sheerin asked the applicant to present their proposal. Pete McNally of The Grinnell Group, 225 42"d Street, Des Moines, spoke on behalf of (- Wireless. He noted that the property owner is also present. McNally said that I-Wireless is attempting to improve their network locally in response to customer demand. I-Wireless is also putting towers at City High and on a building south of downtown. McNally said this has been a two year effort for this particular location. He said that many areas were looked at but they were either too distant or too short or the lots were too small to meet setback requirements. McNally said that he believed this was the exact situation the City Council had had in mind when they passed the amendment a few months ago to allow towers in the ID-RS zone. McNally said this was a really good site because of the screening provided by trees. McNally thanked staff for the help they had given him in searching for the site. McNally said that there was an open house held to allow neighbors to express concerns and have questions answered. He noted that the property owner was very patient to allow his home to be open for the full two hours even though only three people actually showed up. McNally said that the only concerns expressed at that meeting were whether there would be lighting on the tower and if the tower would interfere with satellite TV reception. McNally noted that the answer to both of those questions is no. McNally explained why I-Wireless would want to submit the engineering documentation as part of the building permit process. McNally said that the tower manufacturer designs and builds the tower on asite-by-site basis. That design work is done after the tower has been ordered, and typically a tower is not ordered until regulatory hurdles, such as this process, have been cleared. After the zoning and special exception is in place, then I-Wireless can order the tower, the design work can be done, and the required paperwork submitted to the City. McNally said that I-Wireless appreciates the staff's support and agrees to all of the conditions they place on their recommendation and respectfully asks that the Board approve the application. Sheerin invited questions for the applicant. Jennings said he had a question about externally versus internally mounted antennas. Jennings asked if it was largely an issue of accessibility that made the external mounting more favorable to I-Wireless. McNally explained that essentially the internally mounted antennas were simply covered by a fiber glass shroud. In order to achieve this, McNally said, the whole tower system has to be a little bit thicker than it would be for externally mounted antennas. McNally said there is both an operational and a visual impact for the internally mounted systems. In order to internally mount antennas the antenna placement has to essentially be designed ahead of time for the shroud to fit properly. The implication is that I-Wireless would have to guess how big the antennas of an unidentified co-locator would be ahead of time, potentially making the entire unit larger. McNally said that externally mounted antennas are much easier to access for maintenance and repair purposes, as climbing crews can simply climb up the ladders on the outside of the tower. Internally mounted towers require the hiring of a crane, an $8,000/day expense. McNally said that the fact that internally mounted antennas Iowa City Board of Adjustment October 14, 2009 Page 10 of 25 make the tower a little thicker, make co-location a little less likely, and the operational impact, all combine to make the internally mounted antennas unattractive to I-Wireless. Sheerin asked if it would nonetheless not be impossible for I-Wireless to have internally mounted antennas. McNally said it is not impossible, but that he would throw himself at the Board's mercy. He said that if it is really adeal-breaker for the Board then they would do it but they would really appreciate not having to do it. Tyson asked if the antennas were serviced about once a month. McNally said the radio equipment at the base is serviced once a month, but the antennas are serviced as needed, every year or two. McNally said that if something goes wrong with the antennas and the site has to be shut down, if the antennas were internally located then that area would be without service for all of the days it took to get a crane, make the repairs, and have the crane put the shroud back on. Tyson asked how many more people I-Wireless would be better able to serve by having this tower. McNally said that he was not sure he could quantify it in numbers of people, but in looking at the coverage maps the area that will be improved will be significant. McNally said that now that so many people use cellular technology inside their homes, the existing coverage is inadequate to the task. Jennings noted that the coverage maps are based on an 80-foot tower. Tyson remarked that the coverage would be even better with a 100-foot tower, and McNally agreed. Sheerin asked why I-Wireless didn't request a 100-foot tower in the first place. McNally said that his engineer had asked for 110 feet and that he had told his engineer he thought he could only get him 80 feet. Sheerin asked if 100 feet would be preferable then, and McNally said it certainly would. Jennings asked if there was anything about this particular tower and antenna design that is specific to the type of service I-Wireless provides or that would hinder co-location. McNally said that the only reason another company would want to build another tower near it and not co- locate would be because of a height issue. McNally said that co-locations are done all of the time and there is nothing to keep another company from using this tower other than height and location. There were no further questions for the applicant. Sheerin asked those who wished to speak in favor of the application to address the Board. Doug Paul, said that he is the property owner at the proposed site and that he is partly responsible for this having been atwo-year process. He said that he has been very hesitant to have any kind of development go on at the property at all. He said that in the future the land will be permanently preserved as undeveloped land, so it will be very important for the property to have some source of income. Paul said the income will not be great, but it will be enough to cover routine maintenance. Paul said that the shroud versus the externally mounted antennas was an issue that he too was concerned about initially. He said that he had wanted only internally mounted antennas. Paul said that he had looked at a lot of antennas, both externally and internally mounted and that he has come to feel that there really is not a big aesthetic difference between the two. He said that it makes sense to make the antenna maintenance easier. Paul said he continues to feel that an 80-foot tower would be much less obtrusive than a 100-foot tower, but that because the tower is in the tall woods it will not be a predominate feature in the neighborhood. Iowa City Board of Adjustment October 14, 2009 Page 11 of 25 Anderson asked if Paul was alright with the tower being 100 feet tall. Paul said he was; he said it was preferable to having two cell towers. Sheerin invited those wishing to speak against the application to come forward. There was no one. Walz noted that the flush mounted tower is not one that is seen a lot in this area. She said that she had seen some during a drive to Indiana over the holidays, and that they are different from the towers that have antennas projecting out from the pole that one sees frequently along the highway. She said she obviously could not decide for the Board if the flush mounted antennas were intrusive, but that she found them to be somewhat similar in appearance to the poles with internally mounted antennas. Anderson moved to approve EXC09-00007, an application for a Communications Transmission Facility in the Interim development Single-Family (ID-RS zone) at 3106 Rochester Avenue be approved subject to the conditions outlined in the staff report, which are: that the monopole tower be constructed to a height of 100 feet to allow potential co-location; that no lighting of any kind is permitted on the cell tower; that electrical distribution lines serving the facility must be buried underground, and that there be substantial compliance with the site plan and elevations submitted as part of the application. Tyson seconded. There was no further discussion from the Board. Sheerin closed the public hearing and asked for findings of fact. Walz explained that the Board members must decide what they think is a finding and what they agree with, but that in the staff report, the statements themselves are the conclusions being drawn; whereas the supporting facts, the possible basis for the findings of fact, are found underneath the listed statements/criteria. Sheerin pointed out that a Board member can disagree with staff's supporting facts or can come up with their own observations. Walz said that it can be used as a guide for the findings of fact, but reiterated that Board members should certainly use their own judgment and observations when presenting their findings of fact. Walz noted that a Board member could state findings of fact that negated staff's conclusions and base findings of fact on things that come up in testimony and at public hearing. Tyson said that she finds that the proposed tower serves an area that cannot be served by any existing tower or any other structure, and that the applicant has done their due diligence in searching for other options. She said that the proposed tower will be camouflaged in such a manner as to have minimal visual impact on the surrounding area and the neighborhood. Tyson said that the tower will be a monopole, no taller than 100 feet from the grade. Tyson said the setback requirement will be met with a 110-foot setback, and that the tower will use aback-up generator only in the event of a power outage. Lighting in any form will be prohibited, Tyson said, and the tower will be constructed in such a way as to accommodate one additional user. If the tower is discontinued for use, it will be removed within 90 days. All wiring for the tower will be underground. Iowa City Board of Adjustment October 14, 2009 Page 12 of 25 Sheerin asked if anyone wished to add anything to the specific criteria. Sheerin said that she would add that under the first criteria that there are no existing towers within a half mile of the proposed site to provide opportunities for co-locations, and the applicant has looked at five sites in the area and has determined that none of them are adequate for co-location. Sheerin said that with regard to the second criteria, the antennas are not on the inside of the pole but that testimony has been given that the aesthetic difference is minimal. For criteria five, Sheerin noted that the equipment for the cell tower will be stored in a shed and effectively screened by existing tree cover. Sheerin invited someone to go through the general standards. Jennings said that the proposed specific exception will not be detrimental to or endanger public health, safety, comfort or welfare because it meets the setback requirements, and does not rely on a back-up generator. The proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood because: the tower is designed to be inconspicuous, with no lighting, trusses, orguy-wires, and the antennas are mounted flush to the pole; the existing woodland will effectively screen equipment associated with the facility; the facility does not rely on a generator as its principle power source; and the tower will improve cell phone coverage in the surrounding neighborhoods. Jennings said the specific proposed exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zone because it is designed to be inconspicuous, is well screened, and will not generate traffic, noise, or glare. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets, Jennings said. The tower will not generate significant additional traffic, and the improved driveway access to the cell tower will help. Jennings said that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is being located. As part of the building permit process, the proposed site plan and tower will be reviewed by the building department to ensure that all other requirements of the zoning code are met. Jennings said that the proposed use will be consistent with the Comprehensive Plan, as the Northeast District Plan calls for preservation of open space and shows limited residential development in this area due to its steep topography and other sensitive, natural features. While the Comprehensive Plan does call for maintaining the integrity of scenic and historic vistas by promoting unobtrusive lighting and signs, it makes no mention of cell towers or other similar structures. Despite this omission, the Board believes that the proposed cell tower balances the practical need for coverage with the strong desire to protect the natural beauty of the area by: the tower being designed to be unobtrusive with no guy-wires, trusses or lighting and with flush mounted antennas; the tower being constructed at 100 feet would increase the likelihood of co-location and decrease the likelihood of another tower in the neighborhood; the Iowa City Board of Adjustment October 14, 2009 Page 13 of 25 location of the tower in a grove of mature trees approximately 60 feet in height will minimize the visual impact of the facility. Walz noted that the Board may wish to consider requiring the applicant to provide the required certification to verify co-location opportunity at the time of the building permit. Sheerin asked if the motion should be amended, and Greenwood Hektoen said that it should. Tyson moved to amend the motion to include a condition placed on the approval of the application requiring the applicant to provide certification at the time the building permit application is submitted that an engineer will approve the plans for co-location. Jennings seconded. Anderson asked if the tower design would be covered by the site plan or if it should be subject to staff approval. Walz said the term "elevations" in the present motion covers the design. Sheerin added to the findings of fact that she found persuasive the testimony that the land is hopefully going to be preserved and that this tower would help that preservation. Walz said that the fact that the land is not in permanent preserve presently may preclude it from being a basis of consideration. Sheerin said she just found the fact persuasive; she was not saying it was a requirement of the exception that the land go into permanent reserve. Anderson added under the general standards #7, the fact that the tower is adjacent and almost amongst the grove of trees is a primary reason for his support of the application. He said that this screening is maintains the rustic character of the area. A vote was taken and the motion carried 40 (Eckstein absent). EXC09-00009: Discussion of an application submitted by Ace Auto Recyclers to amend the requirement of a previously approved special exception for a salvage yard in the Heavy Industrial (I-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing requirements along the north, south, and east sides of the property. Walz clarified that what was being considered was not allowing the existence of the salvage yard, but simply the waiver of the requirement for solid screening. At the time the original special exception was granted, solid fencing was a requirement of the zoning code and there was no opportunity for the Board to consider a waiver. Since then, language has been added that says under certain circumstances the Board may waive that requirement for solid fencing. That is what the applicant is asking for. Walz noted that the waiver is being requested for three sides of the property, not on the west side that fronts onto Riverside Drive. Walz noted that the background information gives a long history with the property, showing a period of non-compliance. Walz noted that the Russell Salvage Yard next door to Ace Auto Recyclers is anon-compliant salvage yard. She said that at this point Russell Salvage yard is not required to come into compliance as they won a case in court; however, if at any point that salvage yard wished to expand, it would have to come into compliance. Walz explained that Ace Auto Recyclers applied for a rezoning to the I-2 zone back in 2005, and the property was rezoned in a zone which allowed salvage yards. In 2006, Walz said, the applicant requested Iowa City Board of Adjustment October 14, 2009 Page 14 of 25 and was granted a special exception which allowed them to legitimize and expand the salvage yard. The Board's decision at that time included a condition requiring the applicant to install landscaping and screening as specified in the approved site plan. That site plan indicates solid screening for fence material. However, while the applicant indicated it would be 8-foot wood fencing, the Board did not specify that in their decision. The applicant went about bringing the yard into compliance. They used some fencing that was already there and installed fencing around the perimeter of the property. Walz showed the Board a picture of 6-foot chain-link fencing with brown vinyl slats inserted into it. In the previous special exception, there was a requirement that the applicant fence off the area nearest the creek to avoid getting debris in the creek. Walz said that the applicant is willing to install and additional fence in order to comply and will also retain the perimeter fence that keeps debris from the adjacent non-conforming salvage yard from drifting into the creek. On the south-west side of the site all the required landscape screening has been installed. The fencing on the west side of the property, which faces Riverside Drive, is required to be 8-foot solid fencing and will be installed after new warehouse and office structures are built. Walz said that the applicant cannot secure the occupancy permits required for the new structures they wish to build without first replacing that fence with the required 8-foot solid fencing. Along the south-east corner of the site a solid block wall has been erected which does satisfy the solid screening requirements. Walz explained that the adjacent property is Mesquaki Park, which is actually a former landfill that is closed to public access. Walz said there are methane gas leaks and other things protruding up through the soil that make it a hazardous area. Walz said that the restriction on public access was not expected to change. Walz said that she and a colleague were allowed to walk through this area and found that the screening of the salvage yard was virtually impenetrable; it could not be seen from the park. Walz noted that Russell Salvage Yard is to the north of the applicant's property. Given its state, Walz said, it is not impacted by the view of Ace Auto recyclers. Walz explained that the vacant property to the south is also owned by Ace Auto Recyclers. Walz noted that the I-2 zone and the salvage yard are set back 300 feet from Riverside Drive. Staff believes that this distance in combination with the 8-foot solid screening on the west side of the site, which the Salvage yard is not requesting a waiver from, will provide adequate screening from Riverside Drive. Walz shared a few additional views of the property. Walz reiterated that the applicant is only asking to amend the previous special exception. She outlined the specific criteria that have been added to the code as follows: In areas that are not visible from streets, other public-rights-of-way, or the Iowa River, and where nearby uses will not be harmed, the Board of Adjustment may approve a semi-opaque or open pattern fence in certain situations as described below: Iowa City Board of Adjustment October 14, 2009 Page 15 of 25 1) where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is affectively provided or the intent of the standard is met; or 2) where the adjacent property is unlikely to be developed, is not visible to the public, and is unlikely to be harmed by an alternative fencing requirement; or 3) where the adjacent property is zoned industrial and the area or adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses. Walz noted that any one of these three situations is one in which the Board can decide to waive the solid fencing requirement. In this case, Walz said, the properties to the north and south are zoned for industrial uses and most of the property to the east is public land with restricted access, so the criteria are satisfied in staff's view. The property to the south-east, Walz noted, consists primarily of a largely inaccessible dredge pond, is outside the city limits, and is zoned for agricultural and industrial uses by the County. Walz noted that the topography of the area is relatively flat so the view of the salvage yard is not overly conspicuous to neighbors. She acknowledged that it is more visible from Riverside Drive, which is why the 8-foot solid fencing requirement will be retained for that portion. The applicant has installed 6-foot high chain link fence with brown vinyl slats along portions of four sides of the property, Walz said. The applicant must replace the fencing at the front, west side of the salvage yard with 8-foot high solid fencing. The applicant has installed required landscaping along the first 60 feet of the south side, as was required by the special exception. The applicant has constructed an 8-foot high wall of concrete blocks along a portion of the salvage yard's south side which satisfies the requirement for solid fencing. Walz said that staff believes the waiver from the solid fencing requirement may be reasonable in this situation. Walz addressed the general standards, stating that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Walz said that the only area that is problematic is the area of the stream. The applicant is willing to install additional fencing and maintain current fencing to ensure that no salvage from his site or his neighbor's site gets into the stream. Walz said that staff believes the specific proposed exception will not be injurious to the use and enjoyment of other properties in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Walz said that the salvage yard is set back more than 300 feet from Riverside Drive. She said that distance along with the required 8-foot solid fencing along the west side of the salvage yard (which has yet to be installed) and the required landscaping (which has already been installed) will effectively screen views of the salvage operation from the public street. Walz noted that properties to the south are zoned I-1 and the property to the east is public land closed to public access. For these reasons staff feels it is reasonable to waive the solid fencing requirement and that doing so will not negatively impact the surrounding uses. Iowa City Board of Adjustment October 14, 2009 Page 16 of 25 Staff believes the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located. Walz said that for reasons already outlined, staff believed that a waiver would not impede the normal and orderly development of surrounding properties. All utilities and access roads are already in place. Establishing afour-foot fence south of the drainage way will prevent salvage from drifting into this area. Walz said that the waiver for solid fencing has no impact on ingress or egress, so that is not a factor. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations and standards of the zone in which it is to be located, Walz said. She noted that the 8-foot solid fencing will still be required along Riverside Drive along with fencing to ensure the drainage way is not obstructed will also be required. Walz said that the proposed use will be consistent with the Comprehensive Plan. She noted that the South District Plan acknowledged conflicts in this area between industrial/commercial and residential uses; although the long-term land use scenario for the area is to phase out residential uses. She said the District Plan recommends that industrial and commercial businesses be allowed to operate in a reasonable manner within areas zoned for those uses. The plan specifies that industrial zoning is most suitable for those properties with direct access to the railway and Riverside Drive. Walz noted that the plan also recognizes Riverside Drive as an entranceway to the city, and because of this the 8-foot solid fencing should be required along that side of the salvage yard. Walz stated that staff recommends that EXC09-00009, an application submitted by Ace Auto Recyclers to amend the requirement of a previously approved special exception for a salvage yard in the Heavy Industrial (I-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing requirements along the north, south, and east sides of the property, be approved subject to the following conditions: 1) all landscaping required as a condition of the previous special exception as well as the 8-foot wall of concrete blocks installed along the southwest portion of the salvage yard shall be maintained; 2) the required 8-foot, solid fence must be approved by planning staff and must be installed from the southwest corner of the property, north to where the new office/warehouse service building is proposed; 3) when construction is finished on the office/warehouse building, and prior to a certificate of occupancy, matching 8-foot solid fencing must be continued north to the existing teardown warehouse; 4) in order to prevent salvage from obstructing the drainage way at the northeast corner of the property, a 4-foot chain link fence must be installed and maintained south of the drainage way as shown in the original site plan approved with EXC06-00008; Iowa City Board of Adjustment October 14, 2009 Page 17 of 25 5) the 6-foot chain link fence with vinyl slats currently installed to the north of the drainage way should remain in place to provide separation from the adjacent property; 6) Ace Auto Recyclers may not occupy the new building until all required fencing is installed; 7) Salvage may not be stacked higher than 6 feet; 8) All other conditions related to the original special exception, EXC06-00008, not specifically amended in this application shall remain in effect. Walz offered to answer any questions the Board may have. Tyson asked how it would be monitored that the salvage would not be stacked higher than 6 feet. Walz said that typically that would be responded to on a complaint basis. Greenwood Hektoen said she wished to clarify that the waiver is to allow the existing fencing to remain in place on the north, south, and east sides of the property. She said she wanted to make sure that the conclusion established what the fencing should be, not simply allowing for a waiver of the standard. Tyson asked for a review of what is on the other three sides. Walz said that other than the stone area, the fencing is 6-foot chain link with brown vinyl slats. Tyson asked if it had barbed wire at the top all the way around. Walz said it did and that this was a security issue for the salvage yard whereas the City's concern was primarily separation between uses. Tyson asked if there have been complaints called in regarding the salvage yard up to this point. Walz said she could not answer that question. She said she did have a neighbor call asking what the fencing requirement would be and that he seemed satisfied with the current fencing. Other than that, Walz said, she was not aware of complaints. She said the building department has been trying to enforce the requirements of the zoning code. Sheerin invited the applicant to speak. Don Hilsman, Tiffin, said that he is one of the owners of Ace Auto Recyclers. He said that he felt Walz has covered the issue well and he would be happy to answer questions from the Board. Hilsman said that he felt the salvage yard was making great progress with its setback and screening, and that he received multiple calls each week asking where the salvage yard is because those driving by could not find it. There were no further questions for the applicant. Sheerin invited parties interested in addressing the application to come forward; no one did. Walz said that if the Board makes a motion that they should include the 6-foot chain link with brown vinyl slats as a substitution for solid fencing. Walz said that the language could be inserted into the first statement. Tyson moved to approve EXC09-00009, an application submitted by Ace Auto Recyclers to amend the requirement of a previously approved special exception for a salvage yard Iowa City Board of Adjustment October 14, 2009 Page 18 of 25 in the Heavy Industrial (I-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing requirements along the north, south, and east sides of the property, and to substitute a 6-foot chain link fence with vinyl slats, subject to the following conditions: 1) all landscaping required as a condition of the previous special exception as well as the 8-foot wall of concrete blocks installed along the southwest portion of the salvage yard shall be maintained; 2) the required 8-foot, solid fence must be approved by planning staff and must be installed from the southwest corner of the property, north to where the new office/warehouse service building is proposed; 3) when construction is finished on the office/warehouse building, and prior to a certificate of occupancy, matching 8-foot solid fencing must be continued north to the existing teardown warehouse; 4) in order to prevent salvage from obstructing the drainage way at the northeast corner of the property, a 4-foot chain link fence must be installed and maintained south of the drainage way as shown in the original site plan approved with EXC06-00008; 5) the 6-foot chain link fence with vinyl slats currently installed to the north of the drainage way should remain in place to provide separation from the adjacent property; 6) Ace Auto Recyclers may not occupy the new building until all required fencing is installed; 7) Salvage may not be stacked higher than 6 feet; 8) All other conditions related to the original special exception, EXC06-00008, not specifically amended in this application shall remain in effect. Jennings seconded. Anderson said that his concern with this application is along the south side. He notes that the staff reports acknowledges that this is an entry-way into the city, and upon viewing the site, he is not convinced that the 6-foot chain link fencing with slats is sufficient for screening the salvage operation from vehicles entering the city. He said that he could not think of a more important land use to have screened, and that it is important that screening measures actually achieve the desired results. Anderson said he would propose amending the motion to provide an exception to the screening for the north and the east side, but maintain the required 8-foot solid fencing on the south and west sides. Tyson said she totally concurs with that. Walz said that she wanted to be clear that the solid block screening would have to be allowed to stay put because it does satisfy the solid screening requirement. Anderson said he would be fine with that. Tyson asked why Anderson would be fine with that because it would still be seen from the road. Tyson said he was not concerned that the fencing match so much as that the Iowa City Board of Adjustment October 14, 2009 Page 19 of 25 salvage operation be blocked from view. Tyson contended that a mismatched fence was also not an attractive entrance way to the city. Hilsman noted that the elevation on which the required landscaping is installed is actually is higher than the fence. He said that he was told the trees would get one foot of growth per year. He said that in three years the trees will be higher than the fence and everything else in the area. Anderson said he appreciated that and that he hopes that will be the case. He said he thought the intention of the landscaping is to provide an additional buffer. He said there is a reason that both are required and not just one or the other. Sheerin asked what Anderson would want. Anderson said he would want to provide the special exception along the north and the east side but require the 8-foot solid fencing along the south and the west. Sheerin asked if Tyson did not feel that was enough. Tyson said she also felt there should be consistency in the fencing materials. Tyson said that allowing the concrete buffer to stay was not doing the entrance way to the city justice. Tyson said she wanted to see 8-foot wood fence along the south and west side, with the block fence being removed. Anderson said he agrees with that aesthetically but that he is not sure the Board has the authority to require them to remove a fence that is essentially compliant. Greenwood Hektoen said she believed the requirement was for solid fencing. Greenwood Hektoen said that one must look at the purpose of the screening, which is to block views essentially. She said there has been no testimony about how far along that property line can be seen from the highway, and that she thinks that is something important to consider and discuss. Anderson acknowledged that the stone wall was toward the back of the property. Tyson said that the wall can still be seen and that she made the approach from both directions. Anderson asked if it was Greenwood Hektoen's contention that the Board could require the removal of the block wall and require the solid wood fencing along the full south side of the property. Greenwood Hektoen asked what the previous special exception required. Walz said that the previous special exception did not specify the construction materials or the height, but merely said solid fencing. Greenwood Hektoen said that at this point the request is the waiver and that is what the Board should consider. If the requirement is not being waived, she said, then whatever the requirement is currently would remain. Greenwood Hektoen said that removal of a compliant wall would be beyond the scope of what the Board is being asked to do. Walz said the concrete block wall satisfies the solid screening requirement specified in the previous special exception. Sheerin asked whether the 6-foot fence or the concrete wall would look better. Anderson said he believed their plan was not to remove the concrete wall. He said the way he understood the exception is that their plan is to leave the entire south side exactly as it is. Anderson said the chain link fence with vinyl slats does not provide sufficient screening. Tyson asked if Anderson was saying that it would be an 8-foot wood fence up to the concrete wall. He said that his understanding is that would be required of the applicant simply by not allowing an exception. Walz said her understanding of Anderson's amendment is that the waiver would just be for the north and east sides. Anderson said that was correct. Greenwood Hektoen directed the Board to condition #8 in the staff report that "states all other conditions remain the same," and that would include the solid fencing on the south side Iowa City Board of Adjustment October 14, 2009 Page 20 of 25 Jason Hilsman, Tiffin, introduced himself as a current employee and future owner of Ace Auto Recyclers. He said that they had been through this issue the last time around. He said that they have worked with staff to design their landscape plan to shield the view from the city. He noted that they do not intend to use wood fencing, rather 8-foot solid steel fencing along the west side that will match the building to be constructed. Hilsman said that he gets a little frustrated because he feels that some people have a negative image of what they do, and they are working hard to improve their business. He said they have put in countless hours of dirt- work and tree planting. He said he was under the impression that they were finally to the point where they only needed to get the west side fence done and the 4-foot chain link near the creek, and that it is frustrating to be back talking about doing a whole additional side of fencing. Hilsman said they had worked closely with staff to arrive where they are at today; that they were due for a building last summer and were over-ridden due to these fencing issues. Hilsman said that they have been through the Planning and Zoning Commission and the City Council and now are back before the Board of Adjustment. Sheerin said she appreciated his frustration and that she had to confess that she had not done a site visit on this application as she had received her information packet late. She said what she was hearing from her fellow board members is that there's already a concrete fence there. Walz said the concrete fence is about half-way up the south side. Sheerin asked if the applicant is asking to keep the fence as it is. Hilsman said that they agree with staff's recommendations. Hilsman said he felt they had gotten to the point of not changing anything on the south, east, and north sides. Sheerin said she was most interested in the south side. Sheerin asked if she was correct in thinking that if the applicant got this waiver they would keep the south fence as it currently is. Walz said that was correct. Sheerin asked what would have to be there if the waiver was not granted. Walz said it would have to be 8-foot solid fencing to be approved by staff. Anderson pointed out that in 2006 the applicant was supposed to erect an 8-foot high wall. To a certain extent, Anderson said, the current situation is a result of the fact that a 6-foot high fence was put up instead of the agreed upon 8-foot fence. Don Hilsman noted that the building official instructed them to put the vinyl slats into the chain link fence. Hilsman said they worked with staff all the way along. This fencing was not something they just decided to put up themselves. Hilsman said the fencing was done in three phases, each signed off on by staff. Hilsman said a staff member came out and looked at it and told them they were ready for a building permit. Tyson said she appreciates what he is saying and that she understands his frustrations, but that the report states later on that it was determined that the fence did not meet the S-5 standard. Hilsman said when he first began this process he spoke with a member of staff in charge who came out and worked together with him on the whole fence and told Hilsman that he would be seeing they project through. Hilsman said the frustration is that they thought they were doing everything right and everything the way staff wanted them to. He said they spent a lot of money on that fence. Greenwood Hektoen said that she thinks it is important to focus on whether or not a waiver is appropriate based on the criteria set forth. She said that the background information is just for background but should not play into considerations of whether the application meets the criteria or not. Anderson offered an amendment to the motion to exclude the south side from the staff recommended waiver. Tyson seconded. Iowa City Board of Adjustment October 14, 2009 Page 21 of 25 A vote was taken on the amendment and the amendment failed 2-2 (Sheerin and Jennings voting against the amendment). Sheerin asked if the motion needs to be restated, and Walz said it does not. Anderson asked if the vinyl slats had been included in the original motion and Walz said that they had been. Greenwood Hektoen noted that the cinder-block wall needs to be addressed in the motion, and Walz clarified that the cinder-block wall satisfies the solid screening requirement so no waiver is needed for that. Sheerin invited findings of fact on the specific criteria. Anderson said that land uses surrounding the property consist largely of salvage uses and dredge ponds. The topography of the area is flat with vacant property to the south as well as unused property to the east. Anderson stated that the applicant has installed the 6-foot chain link fence with brown vinyl slats along portions of all four sides of the property. Anderson said that the west side of the property will be an 8-foot solid fence as that is not considered in the waiver. Under general standards, Anderson said that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The non-used park and the dredge pond and river are sufficiently unused to be screened by the 6-foot chain link fence with vinyl slats. He said that the addition of the 4-foot chain link fence to the south side offers protection to the nearby stream. Anderson said the proposed exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The adjacent properties are either unused or similar uses. Anderson stated that the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Anderson said that all utilities, access roads, drainage and/or necessary facilities have been or are being provided. The 15-foot buffer along the drainage way and the addition of the 4-foot fence near the creek will help to ensure this standard is met. Anderson stated that the fencing waiver has no impact on ingress or egress. Anderson found that standard #6 was generally met by the 6-foot chain link fence with vinyl slats except on the south side of the property where the materials used would be insufficient to provide adequate screening. Under standard #7, Anderson found that the proposed use is consistent with the Comprehensive Plan with the exception of the south side where the height and materials used are insufficient screening. Iowa City Board of Adjustment October 14, 2009 Page 22 of 25 Jennings said that he would add under general standard #2 that the east property is closed to public use due to environmental concerns and so therefore the fence as proposed is reasonable for that area. Under general standard #6, Jennings noted that the applicant will be maintaining the existing fencing on the north side of the creek in addition to the new fencing on the south side of the creek. Tyson said she had no findings of fact to add. Sheerin said that she concurs with the findings of fact except for Anderson's finding that the south fence would be insufficient to provide coverage. She said she felt that the height of the chain link fence and the vinyl slats would provide sufficient screening. Greenwood Hektoen noted that approving this application would require a majority vote. She said that if the Board wished to they could defer until the next meeting when Eckstein was present. Walz said that she did not know how the Board members intended to vote, but that a 2-2 vote would result in the application being denied. She said that if the Board wished to defer to provide the applicant with a 3-2 vote, whether it was in favor or against, they could do so. Tyson asked if the entire process would then have to be repeated. Walz said that Eckstein would have the report and the minutes and that Walz could provide a brief summary if necessary. Anderson asked if a tie vote would require re-application. Walz said it would simply be a fail. Tyson asked if each of the Board members had driven by the site. Sheerin said she had not. Walz said that if the Board wished to defer in order to do so they certainly could. Sheerin said that a deferment makes sense because it would allow Eckstein to be present and Sheerin would have the opportunity to visit the site. Anderson said the vinyl slats are not indicative from the pictures shown. He said that in the pictures they look more opaque than they are. Sheerin asked if the deferment required a vote and Greenwood Hektoen said it did. Tyson moved to defer until the February meeting. Anderson seconded. A vote was taken and the motion carried 4-0 (Eckstein absent). Tyson said she felt it was in the best interest of the applicant to defer so that there was time for the Board to do site visits and all of the Board would be present. Walz said that it would be better to have the fifth member of the board present so that if the motion is to fail, it will do so on a majority vote rather than a 2-2 tie. For the applicant the a fifth member would also offer an opportunity to for the motion to have a majority vote in favor. Walz explained to the applicant that if the vote had been 2-2 the waiver would have been denied altogether. She explained that it seemed more appropriate to wait until next month when a fifth member would be present to consider the application. Sheerin noted that the Board could not discuss the matter amongst themselves or with anyone else until the next meeting. Greenwood Hektoen advised that any ex parte discussion would have to be disclosed at the next meeting. ADJOURNMENT: Tyson moved to adjourn. Iowa City Board of Adjustment October 14, 2009 Page 23 of 25 Jennings seconded. The meeting adjourned at 7:21 p.m. N ~_ Q ~F L 0 W 0 N L O AV W ~A, W V Q i s ++ N O M O O O~ ~ _ N ~' 0 M O N "' X ~ X X X V1 N d' i11 M i L .X d O O O O O ~ W O O O O O o = ~ 'i ~ ~ C d ~ ~ ~ 0 '~ Q ~ u c ~ ~ Q ~ c ~ H Z ~' i a = c e o ~ ; o c ~ = OC o0 ~ V ~ -v a~ Vl v w C L '~ ~ a Q Q .--. C O a d. fd C N N O c 'D rd L ~_ L L f~ N t ~+ dp C L 7 N C U4 N L fd u L C1 t ~+ .~ L a, E .~ a~ a~0 ~ ~ ~ v CN C ~ ~ ~ Z Z X O O z w Airport Commission January 21, 2010 MINUTES IOWA CITY AIRPORT COMMISSION JANUARY 21, 2010 - 6:00 P.M. AIRPORT TERMINAL BUILDING ~=1 ~=10 IP16 PRELIMINARY Members Present: Greg Farris, Minnetta Gardinier, Howard Horan, Janelle Rettig, John Staley Staff Present: Sue Dulek, Michael Tharp, Jeff Davidson Others Present: Phillip Wolford, Randy Hartwig, Tom Schnell, Peggy Slaughter, Regenia Bailey RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Rettig called the meeting to order at 6:06 P.M. FY11-15 STRATEGIC PLAN: a) Review and Update of Airport Operations and Facilities Sections -Davidson noted that he thought the last meeting went well. He quickly reviewed where they are currently, and what he hopes to accomplish yet this evening. Davidson asked Tharp to quickly review the changes that he currently made. Tharp noted that most of his changes were more 'technical' in nature, under the Operations Facilities section. He briefly explained these changes and responded to Members' questions. Davidson then addressed Members regarding the "givens" of the plan, on page 2. These include: Iowa City will have a general aviation airport; that it will be at the existing location of the Iowa City Municipal Airport; and that the airport will be approximately the size of the existing site. Members agreed unanimously that these items are not up for debate. Members talked about adding "two hard-surface runways" to the givens list, and the issue of a grass runway was briefly discussed, as well. In the end they opted to not add "two hard-surfaced runways" to the givens list. b) Airport Vision and Mission Statements -Davidson noted the importance of these two items in the strategic planning process. He then read the current verbiage to the Members, asking if they wished to make any changes. Staley noted what the atmosphere was when they crafted these items some five years ago. Discussion ensued from here, with Members debating the addition of a glossary of terms used in this plan. The Commission agreed to keep the vision statement as is. On the mission statement, Gardinier suggested some minor wording changes (... to support the strategic goals of the City of Iowa City, and ... to meet the needs of its stakeholders). Members continued to discuss the wording of the Mission Statement, agreeing to Gardinier's suggested wording. c) Summary of Public Input Process -Davidson noted that Members have received a summary of the public comments received to date on the Airport's strategic planning. Rettig brought up the public comment regarding having a Committee Member from the county, noting that they just recently voted on this. 2 Airport Commission January 21, 2010 d) Strengths and Weaknesses Exercise -Davidson noted that what this exercise entails is coming up with the strengths and weaknesses of the Airport. He added that once they identify both the strengths and the weaknesses, they will need to prioritize them. This will be used in developing the goals and strategies then for the next five years. Strengths were addressed first, with Davidson taking notes as the Members threw out the strengths they see in the Iowa City Airport. Next the group turned to prioritizing the strengths list. After this was completed the group moved on to listing weaknesses of the Airport and then prioritizing those, as well. Davidson thanked everyone for their work this evening, noting that he will start preparing for the next meeting. EXECUTIVE SESSION: Farris moved to adjourn to Executive Session to discuss matters with Counsel that are presently in litigation or where litigation is imminent. Horan seconded the motion. The motion carried 4-1; Staley absent. Executive Session ran from 7:20 P.M. to 7:25 P.M. APPROVAL OF MEETING MINUTES: The minutes of the December 17, 2009 meeting were reviewed. Horan moved to approve the minutes of the December 17, 2009 meeting as presented. Staley seconded the motion. The motion carried 3-0; Farris and Gardinier absent. PUBLIC DISCUSSION: Minnetta Gardinier spoke as a member of the public at this point. She stated that today she was contacted by one of the organizers of the Air Race Classic, indicating that the Airport has the race start site for the June 2011 race if there is a desire to pursue this. There is a fee of $10,000 to do this, and Gardinier suggested they obtain funds through various private organizations and groups and/or corporate donations. She stated that Rockwell Collins is one corporate entity she plans to contact. Members agreed to add this to next month's agenda. ITEMS FOR DISCUSSION/ACTION: a. Aviation Commerce Park -Peggy Slaughter addressed the Members, stating that there is an RFP due out from the V.A. Hospital for five acres of land for parking. This has generated a ton of calls from local contractors requesting information on Aviation Commerce Park. Slaughter noted that her biggest concern is whether or not this would be a good location for such a project. She asked Members for their input on this issue, asking if they know of a better location. Rettig noted that she saw this request from the V.A. as well, and that she sent the information to Tharp. Slaughter fielded questions from Members, noting that these RFPs can be quite lengthy and difficult. She added that she talked to the City Economic Development office today Airport Commission January 21, 2010 regarding a possible project, questioning if there is a way for the City to meet with the V.A. to address their needs. A discussion ensued regarding this, with Members talking about whether or not a large parking project would work at the Airport or in Commerce Park. Slaughter stated that the official RFP packet is expected out in the next week. Members agreed that they would need to see if the V.A. was agreeable to making such a lot available several times a year for Airport activities, typically held on weekends. They also agreed that the North Aviation Commerce Park is a poor land use for a large parking lot. The area by Building H was discussed as a possible location. Members looked at the possible opportunity and talked at length about what improvements would need to be done to the area in order to meet the RFP requirements. Slaughter reiterated that she would like to see the official RFP before making any final decisions. Tharp agreed, stating that once they see the RFP they can better determine the various options available, whether it's the Building H area or the Guard area. Slaughter continued, stating that she has had two other interested parties in North Aviation Commerce Park. Tharp asked if there have been any inquiries in the area now that Walmart is moving forward with its Supercenter. b. FAA/IDOT Projects - AECOM -Hughes was not present. The discuss turned to the various projects, such as parallel taxiway and an equipment building, that the Commission may want to prioritize or move around in view of funding options. Tharp noted that the State aviation grant is due out around the first of April. He then responded to Members' questions about the process. The discussion turned to the entitlement funds for the Airport. Tharp explained how the FAA looks at entitlement funds and just how these funds are handled. Members agreed that an equipment building is a priority, and they will discuss this further under Airport Operations. c. Building H -University of Iowa Hangar Expansion -Tom Schnell from the University of Iowa thanked the Commission for working with them on this project, noting that they are almost done. He briefly gave Members a rundown of the problems they have run into during construction, and noted that they currently have a leak in the roof, as well. Schnell stated his dissatisfaction with AECOM during this project. Dulek noted that if Schnell has concerns with the agreed upon amounts in their contract, he needs to talk with George Hollins, who in turn can speak with Dulek about it. She added that there was a communication about a week ago and at that time Hollins was ready to sign the agreement. She reiterated that Schnell needs to talk to Hollins about his concerns. The discussion continued, with Schnell voicing his concerns about items not done properly. Rettig stated that she believes he is getting a good deal on this building, and if he can find a better deal somewhere else then perhaps he should consider it. Tharp reviewed what is left to be done, noting that things should be wrapped up by the end of the month. d. Airport Operations: Strategic Plan-Implementation; Budget; Management - Tharp stated that on January 8 he attended the CIP meeting with the Council. Horan and Gardinier were at the meeting on the 14th. Tharp added that he did distribute the annual report at that time. Members again discussed how they might want to approach a hangar project. They would need to consider whether or not they will be able to find a tenant willing to pay what they would need to charge for rent. Rettig then spoke to page 7, expenditures, where they have carried over for several years a balance that is now at $76,000. Tharp added that he believed the consensus from previous discussions that the funds were going to be added to the upcoming 4 Airport Commission January 21, 2010 pavement rehabilitation contract being done with state grants. Discussion continued, with Members noting which items are of utmost importance to complete, such as pavement and fencing improvements. Members agreed that they should use the funds for the pavement projects, and then any remaining funds can be used to cover other projects. Horan suggested they put this on an upcoming agenda so they can further discuss specifics. e. Jet Air/Iowa Flight Training/VUhirlybird -Phillip Wolford of Jet Air gave the Members a copy of the monthly activity summary he turns in each month. It was noted that the radio has been repaired. Wolford spoke briefly to what has been going on, adding that it is pretty seasonal to be slow this time of year, but that the economy is also a factor. He noted that the group from Sweden is expected in tomorrow. f. Subcommittees' Reports -Tharp noted that they received $2,000 plus from the Friends of Iowa City for the viewing area. He has been in contact with a couple of different people regarding the displays in the area. Rettig noted that they need to do a picture and press release to bring more attention to the project. Farris added that they plan to look at the cost of a raised platform for this area, as well. g. Commission Members' Reports -Farris spoke about a general aviation movie called "One Six Right" that came out a couple of years ago and suggested Members watch this if they get the chance. Horan stated that he put out the idea of leasing Airport ground as a funding mechanism when he was at the Council meeting. Rettig noted that Staley's term on the Commission is almost up. Tharp added that it is being advertised for, and Staley stated that one person has called him expressing interest. Rettig stated that in the past they had decided to rotate the Chair position at this time, and she questioned how they should do this. This will need to be addressed at the next meeting. Farris added that the 31st of January is the RC Swap Meet at the Airport. h. Staff Report -Tharp spoke briefly to the upcoming aviation conferences, noting that it will be important for a couple of the Members to attend this year. Dulek reminded Members that the Council will be taking up the issue of Commissioners needing to be Iowa City residents at the upcoming meeting. She handed out the proposed ordinance and the agenda item for their review. Rettig stated that she will make plans to attend the Monday meeting. SET NEXT REGULAR MEETING: The next regular meeting is set for Thursday, February 18, 2010, at 6:00 P.M. at the Airport Terminal building. Airport Commission January 21, 2010 ADJOURN: Horan moved to adjourn the meeting at 9:08 P.M. Farris seconded the motion. The motion carried 5-0. CHAIRPERSON DATE Airport Commission January 21, 2010 AIRPORT COMMISSION ATTENDANCE RECORD YEAR 2010 NAME TERM EXP. 1/21 2/18 Greg Farris 3/1/13 X Minnetta Gardinier 3/1/15 X Howard Horan 3/1/14 X Janelle Rettig 3/1/12 X John Staley 3/1 /10 X NAME TERM EXP. Greg Farris 3/1/13 Minnetta Gardinier 3/1/15 Howard Horan 3/1/14 Janelle Rettig 3/1/12 John Staley 3/1/10 KEY: X = Present O = Absent O/E = AbsentlExcused NM = No meeting --- = Not a Member POLICE CITIZENS REVIEW BOARD MINUTES -January 19, 2010 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: DRAFT Chair Donald King called the meeting to order at 5:25 p.m. Janie Braverman, Joseph Treloar, Vershawn Young None Staff Catherine Pugh and Kellie Tuttle IP17 Captain Richard Wyss, Officer David Schwindt (5:35pm); and public, Caroline Dietrele (5:39pm) RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #09-04 ADJOURN TO EXECUTIVE SESSION -NAME CLEARING HEARING Officer signed waiver, and no hearing was held. CONSENT CALENDAR Motion by Braverman and seconded by Treloar to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/03/09 • Minutes of the meeting on 11/18/09 • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches • ICPD P.A.U.L.A. Report -September 2009 • ICPD P.A.U.L.A. Report -October 2009 • ICPD Use of Force Report (June 2009) • ICPD Use of Force Report (July 2009) • ICPD Use of Force Report (August 2009) • ICPD Use of Force Report (September 2009) • ICPD Department Memo #09-41 (August-September 09 Use of Force Review) • ICPD 2008 Pursuit Analysis • Minutes of the meeting on 12/11/09 • ICPD SOG 09-02 (Lineup Procedures) • ICPD SOG 09-03 (Show Up Procedures) • ICPD SOG 09-04 (Juvenile Curfew) • ICPD Quarterly/Summary Report (All Quarters) - IAIR/PCRB, 2009 • ICPD Use of Force Report (October 2009) • ICPD Department Memo #09-43 (October 09 Use of Force Review) • ICPD P.A.U.L.A. Report -November 2009 • ICPD P.A.U.L.A. Report -December 2009 Motion carried, 3/0, Young absent. Braverman inquired what FAA stood for in the Iowa Police Law Analysis & Application (November 2009) section 5, Service Animals, under Policy Consideration on page 6. Wyss said he would have to check and would report back. Braverman had a question regarding Show Up Procedures (SOG 09-03) and Lineup Procedures (SOG 09-02). On the last page of the Lineup procedures there is a PCRB January 19, 2010 Page 2 paragraph regarding the officer not influencing the witness, providing feedback, etc. Braverman had concerns that the same information was not stated on the Show Up procedures. Wyss stated that they are different procedures so the directive may not be the same, but that on page 3 of the Show Up procedures numbers 4 and 8 contained similar information. Wyss will review the two procedures and report back to the Board. SOG 09-04 (Juvenile Curfew), the second paragraph on page 2, Braverman pointed out that it was confusing when you read the first sentence leading into the quotation. She felt that grammatically something needed to be changed so the paragraph reads as a sentence. Also at the top of page 3 there is a reference to the ordinance being attached. Braverman wanted to make it noted that the ordinance was not attached to the review copy and wanted to be sure it was attached to whatever PD was using. Braverman also asked what anon-schedule violation was. Wyss explained that a non-scheduled violation does not have a set amount for a fine and that it is up to the judge's discretion and in this case could not exceed $50. Braverman asked for clarification regarding the monthly Use of Force report for October and the October Use of Force Review in which the monthly report indicated that OC was deployed in two incidents and the Review indicated one occasion. Wyss explained that the Review records the highest level of force for each incident per officer using the example of the monthly report where OC was deployed in two incidents but in one of the incidents a Taser was also discharged so the Taser was recorded on the Review instead of the OC. NEW BUSINESS Discussion of Conflict of Interest -The Board agreed to table this item until the next meeting when all members were present. Braverman stated that one publically asked question regarding Martial Law and if the federal government imposed Martial Law, who would be in charge. Braverman reported that the federal government would be in charge and not the local police department. OLD BUSINESS Community Forum -The Board discussed and suggested changes to the draft summary. Braverman will make the changes and a second draft will be in the February meeting packet. (Legal Counsel left 6:48pm) Service Animal Training -Update on Iowa Police Law Lesson Plan (Nov09) -See consent calendar discussion. Comprehensive Review of PCRB Ordinance, By-Laws. SOP's -Braverman passed out an outline of how she thought the review process should happen and asked Board members to go over the ordinance for the February meeting and make a list of suggested changes to discuss. Copies of Braverman's suggestions were also handed out at the meeting. PUBLIC DISCUSSION None. PCRB January 19, 2010 Page 3 BOARD INFORMATION None. STAFF INFORMATION Tuttle announced that Abigail Yoder has resigned from the Board and the vacancy would be announced at the next Council meeting. Deadlines for applications will be Wednesday, February 24, 2010. EXECUTIVE SESSION Motion by Braverman and seconded by Treloar to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Young absent. Open session adjourned at 7:10 P.M. (Break before executive) REGULAR SESSION Returned to open session at 7:40 P.M. Motion by Braverman, seconded by Treloar to forward the Public Report as amended for PCRB Complaint #09-04 to City Council. Motion carried, 3/0, Young absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • February 9, 2010, 5:30 PM, Lobby Conference Rm • March 9, 2010, 5:30 PM, Lobby Conference Rm • April 13, 2010, 5:30 PM, Lobby Conference Rm • May 11, 2010, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Treloar. Motion carried, 3/0, Young absent. Meeting adjourned at 7:42 P.M. ~~O~C O ~ C'~~ fD <D A F~ ~p y^~~ ~ ~„r fD ~ l1 ~ ~ ~ ~ ~ "t fD CY o ~ ~ ~ o ~ ~ m ~ o ~ ~ a~ ~; a ~ •, ~ . a a~ o • z o =. va o ,~ ~ ~ ~ ~ '' = ~ c ~ a ~ ~ a ~ ~ ~ ~ o _ @ 0 7 ~ ' m t~ ~ ~ aru o o ~ b 70 w w N ~D ~O N ~.+ N ~ ~ ~ k ~ ~ ~ O W i i ~ X '~ x X ~ O z z zz z A i i yy ~ yy a ~ ~ ~ r A C/1 i i k z z z z z ~ 3 ~ ~ 3 00 ~ ~ ~ ~ ~ ~. O ~ >c yC k ~ x ~ ~ ~ ~ ti7 W ~ ~ ~ ~ ~ k k w x ~ ~ ~ ~ z z z ~ z z ~ ~ ~ ~ ~ ~ 3 k x ~c x ~ ~.. .. y ~ ~d ~ ~ Y ~ ~ n d o~ ~ ~O n O b FBI n N ~7 O i 7 O o c c a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ °fQ ~ ~ ~ ~° o ` ~ o~ a, oc o ~ '' eo ; ~ ' ° °' °• " ~ ~ ~ o s ~ o'o ~ °' ~ ~ o ~ ~ ~ ~ ~ o as 0 ro ~7 N W W N y 7 O ~ ~ ~ ~o d b O r Yn ~~ ~n ~~ ~y~ ~n~ o ~ ~ 0 ~~jC n ~ O~ ~~ O POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 January 19, 2010 To: City Council N ° Citizen °~ 0 c_.. Dale Helling, Acting City Manager ~~ ~ ,~ Sam Hargadine, Chief of Police n "``~ ^~ ~° Officer(s) involved in complaint ..~~~~- -n ' ~ ~ ~~ ~ s Review Board From: Police Citizen -;- -~' w Re: Investigation of PCRB Complaint #09-04 r This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #09-04 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to-the Report "because of the Police Chiefs professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence, are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Citizen on June 25, 2009. As required by Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was completed on September 18, 2009 and was filed with the City Clerk on September 18, 2009. The Board met to consider the Chiefs Report on October 13, November 3, December 11, 2009 and January 19, 2010. At the October 13, 2009 meeting the Board voted to review the Chief s Report in accordance with Section 8-8-7 (B) (1) (a), "on the record with no additional investigation". Page 1 FINDINGS OF FACT On June 19, 2009 the Citizen tried to enter a private parry sponsored by Iowa City Night Life at the Industry. Citizen was denied entry by two employees and the bar owner. Citizen refused to leave and the police were called. Officer A arrived and made contact with the Citizen and obtained identification from him. After a check for warrants was negative, Citizen agreed to leave. Prior to Citizen leaving the area, the officer noticed a wrist band on the Citizen, which the officer associated with downtown bars issuing to patrons who drink. The officer then asked the Citizen if he had been drinking and he replied "yes." The officer reestablished contact with the Citizen to assess his level of intoxication, since the Citizen lived quite a distance away, and might attempt to drive. Officer A was then able to determine that Citizen was not intoxicated and Citizen was then allowed to leave. ALLEGATION a c~ ° Citizen alleles that Officer A harassed him during~the incident of June 19~', :~~ ~ ?~' --~ ~ m... -~ N . There is no evidence that shows Officer A violated Iowa Code section 708~~ defimtio~of harassment which provides: :~~ -v ~ ~ ~ 708.7 HARASSMENT. ~ ~ 1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following: (1) Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. (2) Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person. (3) Orders merchandise or services in the name of another, or to be delivered to another, without the other person's knowledge or consent. (4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur. b. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, 'personal contact" means an encounter in which two or more people are in visual or physical proximity to each other. "Personal contact" does not require a physical touching or oral communication, although it may include these types of contacts. The officer had reason to believe that the Citizen may have been drinking and could possibly be driving and therefore reinitiated contact after releasing him. According to the Citizen and witnesses, the Citizen did not stop for questioning by the officer and Officer A had to follow him to get him to stop. After determining that the Citizen was not intoxicated, Officer A allowed the Citizen to leave. The Citizen did not show up for scheduled interviews with investigators and none of the witnesses listed by the Citizen could corroborate any police harassment. NOT SUSTAINED Page 2 COMMENT While the Citizen may not have been harassed under the definition of the Iowa Code, the Citizen felt he had been harassed because he was stopped, then let go, and then stopped a second time. Had the officer stopped him and completed his investigation in a single stop, the Citizen would not have felt harassed. The PCRB feels it's important that the officers behave in a way that the citizens don't feel harassed and that this particular agitation could have been avoided. N Q ~~ A" ~~ ~ ~ ~'.~ N ~-~:~ ~~ ~ ~ ~ «~ i'~ "~ ~' W Page 3 Preliminary Minutes January 2010 MINUTES SENIOR CENTER COMMISSION JANUARY 21, 2010 ROOM 202, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Chuck Felling, Jay Honohan, Sarah Maiers, Nancy Wombacher, Merce Bern-Klug, Michael Lensing Members Absent: Charlotte Walker, Sarah Maiers Staff Present: Linda Kopping, Emily Light, Susan Rogusky Others Present: Maury Anderson RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM DECEMBER 17,..2009 MEETING: ~P18 Felling asked if David Gould is from the School of Social Work. Bem-Klug said he is not. This reference will be corrected in paragraph one of the Public Discussion section of the minutes. Felling asked for clarification of the first sentence of paragraph two on the second page of minutes. The word "that" will be replaced with "the Conversations for Change series." Motion: To accept the minutes from the December 17, 2009 meeting with corrections. Motion carried on a vote of 5/0. Martin/Felling. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan suggested that instead of posting summary articles written by Commission members on the web page, the minute-taker will post the draft minutes instead. Draft minutes will eventually be replaced by the approved minutes. Preliminary Minutes January 2010 Motion: That a draft copy of the meeting minutes be placed on the Senior Center website instead of the summary written by a Commission member. Motion carried on a vote of 5/0. Lensing/Felling. Honohan will visit the Board of Supervisors. Lensing will visit the City Council. APPOINTMENT OF COUNTY REPRESENTATIVE: Honohan recommended the appointment of Sarah Maiers as the non-Iowa City county representative on the Senior Center Commission. Motion: To appoint Sarah Maiers as the Commission's county representative. Motion carried on a vote of 5/0. Martin/Felling. ELECTION OF 2010 OFFICERS: Felling and Bern-bug nominated Honohan to serve as chair, Felling to serve as vice-chair, and Lensing to serve as secretary. Motion: To elect the proposed slate of officers. Motion carried on a vote of 5/0. Martin/Bern-Klug. DISCUSSION OF BOARD APPOINTMENTS FOR FRIENDS OF THE CENTER: Honohan said he has filed the new articles of amendment with the Secretary of State, and that is now official. He will file the new articles with the Recorder, which will finalize that process. He also filed the reservation of the name of Friends of the Center, which has been approved by the Secretary of State. Officially, Friends of the Center is now in business. Honohan reminded the Commission that Friends of the Center does not have a full board yet. The board will consist of the Commission's executive committee members, the Senior Center coordinator, and five other members from outside the Commission. Bern-Klug asked to review the responsibilities and ideal characteristics of board members before discussing names of potential nominees. Honohan understands there to be two basic responsibilities for board members: 1. Deciding if and when to spend money for the Center on purchases such as those approved by Iowa City Senior Center Fund, Inc., including the furniture in the Assembly Room, computer lab equipment, fitness equipment, and Senior Center Television equipment. Decisions would follow requests from the Commission or staff. Honohan prefers these funds to go toward capital improvements, not operating expenses. 2. Raising money and finding ways to increase the size of the foundation. Preliminary Minutes January 2010 Kopping said one important attribute of board appointees is that they are public advocates for the Senior Center, not detractors. Honohan said that the executive committee of the Senior Center Commission will take recommendations from the rest of the Commission for Friends of the Center board members. The executive committee will consider the recommendations and appoint the board members. Lensing said that appointees should be comfortable asking for money. Kopping said there will be a lot of education involved in the fundraising because people are used to donating to the "Senior Center." Donations made to the Senior Center would be managed by the City of Iowa City, and donations made to Friends of the Center would be managed by the Community Foundation of Johnson County. Funds managed in the Community Foundation have higher growth potential, and the donors receive added tax benefits for donating directly to the Community Foundation. Bern-Klug said she thinks it is important to have active Senior Center members well represented on the board because they will be most in tune with the needs of the organization. Lensing said it would be important to appoint someone tike a bank president who would be skillful in building the endowment. Honohan said the board may decide to create and circulate a brochure to educate trust officers about the Friends of the Center endowment. Lensing said it would be important to have board members who can reach out to the community and seek involvement and donations from people who may not be active in the senior community. Lensing said the roles and expectations of board members should be clearly defined before invitations are extended. Honohan suggested holding meetings four times per year. Kopping asked if this will be a working board or a thinking board. Honohan said he thinks of it more as a thinking board. Lensing countered by saying the board members need to be willing to be creative with fundraising ideas rather than serving as a rubber stamp. He said the group should be energetic. Kopping said it would be a hurdle if all the fundraising tasks were to fall back on staff. Martin said board members have to show up to meetings, they have to be accountable, and they must have their head in the fundraising game. Preliminary Minutes January 2010 Bern-Klug asked who makes the appointments after the first round is selected. Honohan said that the Friends of the Center board would make future appointments. Choosing the first set of board members will have a ripple effect on the future boards. Lensing said the board needs to figure out why people would want to donate to support the Senior Center. Bern-Klug asked why the City Council would not choose to decrease Center funding if they see that Friends of the Cerrter's endowment is raising a lot of funds. Honohan said historically that has not happened. That may be due to the fact that money has been spent on large improvements for the Senior Center, so the City Council can see that the endowment funds are being put to good use. Lensing said it is advantageous to the City for Friends of the Center to grow the endowment because it funds a lot of capital outlay items and reduces the need for the Center to request money from the City for those items. Honohan and Kopping suggested several names of potential board members, including: Nancy Wombacher, Sue Shallau, Karen Franklin, Ina Loewenberg, Jim Curry, Dwight Seegmiller, Connie Benton Wolfe, Paul Holley, Pat Hayek, Sarah Sanders, and Father Rudy Juarez. Lensing suggested Judy Hendershaw, John Lohman, Marie Mondanaro, Melanie Hopper, John Balmer, Joan Benson, Steve or Judy Atkins, and Geri Hall. Bern-Klug asked if the group knows of anyone who is affiliated with the press who would be able to assist with publicity. Honohan said we could consider inviting a member of the Board of Supervisors. Lensing thought the fundraising component might be difficult. Kopping asked what happens next. Honohan said the executive committee would get together soon to pare down the list and come back to the Commission in February with suggestions. Top candidates would be contacted in advance of the next Commission meeting to gauge their interest in board participation. Lensing said it would be important to discuss and lay out duties and commitments. Lensing said if anyone thinks of additional names, they can contact members of the executive committee. UPDATE ON OPERATIONAL ASSESSMENT: Kopping said the committees have completed their work on the assessment of the first four operational areas, including Programming, Records and Reports, Evaluation, and Human Resources. Each group presented its findings in the form Preliminary Minutes January 2010 of recommendations at a meeting last week. Kopping said there were some good suggestions made. She plans to compile and organize the suggestions into the form of an action plan, at which point she will present it to the Commission, membership, and community. The groups are beginning their assessments on the second set of operational areas. Kopping is happy with the enthusiasm of the volunteers and the output of their work. Participants are putting in a lot of effort to this project. OPERATIONAL OVERVIEW: Felling asked if Kopping had heard more from the Legal Department about the question of membership requirements for participation in groups and clubs. Kopping said she had not heard back, but she has been giving it some more thought. She thinks that removing the membership requirement for all groups and clubs would potentially reduce the membership numbers. She said we need to come up with specific criteria for groups and clubs not to have a membership requirement. For instance, if a group has intergenerational participants or it takes place outside of the building, membership may not be a requirement. Honohan said any groups that require a significant amount of staff time should require membership in order to participate. Felling also asked about the question fundraising in the building for organizations other than the Senior Center. The Center has held canned food drives, collected clothes and school supplies, etc., but has not collected cash for other organizations. Kopping said she would explore the question of fundraising with the Legal Department. Nutrition Program Expenses: Kopping said the equipment in the kitchen is old. If there is major equipment failure on equipment the Center owns, how much money is the Commission willing to pay to repair or replace the kitchen equipment? The tilt skillet is in need of repairs worth several thousand dollars. If something were to happen to the walk-in cooler or the walk-in freezer, what is the limit on what we will spend for repairs or replacement? Should Elder Services be responsible for purchasing equipment that is used for their exclusive purpose? Honohan said there has historically been some controversy over who owns and is responsible for which pieces of equipment. Kopping said these questions were largely resolved, but it was difficult. Honohan said the Commission has debated the issue of kitchen expenses as long as he has served on it. Kopping said she could compile information on the pattern of expenses the Senior Center has incurred on behalf of the nutrition program. Honohan asked to see a copy of the current lease with Elder Services for review. He thinks the Commission should look at the entire picture. Preliminary Minutes January 2010 Council members have asked the Senior Center Commission why the nutrition program is not paying rent. Lensing wondered the same. Lensing brought up the question of liability if someone were to get sick from the nutrition program's food made with the Senior Center's equipment. Felling pointed out that when inspection issues arise, repairs fall to the Senior Center. Martin excused herself from the meeting at 5:30 PM. Ceramics Room: Rogusky said, at this point, the discussion is not about whether to keep open or close the ceramics room. The discussion is how to deal with a participant that has driven away all other users from the room. She has created a space of her own. It is not possible to assess the success of the ceramics room if one person's behavior is preventing anyone else from participating. Kopping said there have been ongoing complaints about unpleasant interactions with the individual. Multiple people have expressed that they will not come back to the ceramics room because of her. Other users maintain that they have a right to anon-threatening environment. Why protect the rights of one individual while disregarding the rights of other users? Kopping is looking for input from the Commission that she can take to the City Manager and the Legal Department to get some kind of recommendation. Kopping said she understands that the individual has been told by the ceramics room supervisor at the Rec Center that she needs to attend a meeting to discuss her behavior before she is allowed to return to their ceramics facilities. Lensing asked if the room can be locked and access only allowed to approved participants. Kopping said she cannot forbid the individual from using the space - she is a taxpayer. Honohan said he would like to discuss the situation with the City Attorney. He is not sure he agrees with the analysis of this individual's right to use the space. Bern-Klug said it should not be framed as a matter of not allowing a specific person into the space. It is the Center's responsibility to not allow offensive or threatening behavior. Bern-Klug asked what Rogusky would like to see happen from the Commission. Rogusky said she would not like to see the ceramics room closed because one person makes it impossible for others to participate. Bem-Klug suggested allowing specific hours of use and allowing others to sign up for use without her present. Preliminary Minutes January 2010 Anderson, who has been an art teacher in public schools for 32 years, said at first he thought this was a personality conflict between two ceramics room users. Anderson said he was working in the ceramics room one afternoon when the individual arrived, and he felt uncomfortable around her, like he was walking on eggshells. She disputed everything he said and told him he didn't know what he was talking about, even if it was technical information. Honohan will report back after meeting with the Legal Department. COMMISSION DISCUSSION: Correspondence: Motion: To accept correspondence from the Commission packet. Motion carried on a vote of 4/0. Felling/tensing. Board of Supervisors Report on the December Meeting: Bern-Klug visited the board on the morning of the December Commission meeting and reported about her visit at that point. Citv Council Report on the December Meeting: Honohan and Kopping visited the City Council to discuss the FY11 budget proposal. He described the increase in visits to the Center over the past fiscal year. Honohan asked for the Maintenance Worker III position to be increased by 19% to become afull-time position, rather than splitting the position with Cable TV. Honohan said he thought the meeting went well, but he is skeptical that the request will be granted. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 4/0. Lensing/Felling. i ZQ~x II ~ m II II u u ZZDD~ O O iT ~ ~ ~D .~ N N (~p O O <p ~ rt m '~ •O~- ~ ~ N ~ ~ ~ ~ m ~ O C ~ Sl ~ ~, ~D t n C O ~ O ~ 7 II1 U~ dl O (O L~ ~ ~ ~ m _ _ _ _ _ _ _ N N N N N N N W W W W W W W m ~ ~ p ~ ~ ~ ...~ 'a ~ N fD O O N ~ m x m x x x x N W W W U~ N O O v V W O C!7 O O N OD N W ~ D~ 3 '• c ~o O A 7 ~ e~ 1 O O a3 H O 7 ~ ?. pt C `~ d ~ C O ~D i O pl IP19 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION JANUARY 14, 2010 PLANNING AND COMMUNITY DEVELOPMENT CONFERENCE ROOM MEMBERS PRESENT: Esther Baker, Lindsay Bunting Eubanks, William Downing, Jim Ponto, David McMahon, Ginalie Swaim, Dana Thomann, Alicia Trimble, Frank Wagner MEMBERS ABSENT: Thomas Baldridge, Pam Michaud STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Helen Burford, Mike McLaughlin, Mike Untrauer RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. The consensus of the Commission was to consider item D on the agenda before item C. UPDATE ON MANVILLE HEIGHTS SURVEY: Presented by Marlys Svendsen, Svendsen Tyler, Inc. Svendsen said that the Manville Heights Survey is now complete, and she had looked at 433 addresses in the neighborhood. She stated that individual Iowa site inventory forms and historic research was done for 236 of those properties, with help from 27 neighborhood volunteers. Svendsen referred to the 131-page final draft of the multiple property documentation report on DVD. She said the Manville Heights study is broken into sections, with an overview, description of neighborhood development, development patterns, looking at what was there before development, and with sections involving waves of residential development starting about 1906. Svendsen said the report identifies three basic historic districts and a series of individual buildings, with about 28 individual buildings outside of the districts. She identified the fraternity district, the Manville Heights District, and the Manville Addition District. Svendsen said she struggled with trying to find smaller boundaries. She said that in the end, the district boundaries are those of contiguous groups of building that were all platted by Bert Manville. Svendsen said that she did a stylistic summary of the 236 buildings, specifying the most popular styles and when those periods evolved. She said she wanted to tie together the importance of the neighborhood in terms of people, particularly with regard to the 18 historians who lived in the neighborhood. Svendsen said that the site forms include the biographies of those people. Historic Preservation Commission January 14, 2010 Page 2 Svendsen said that the next step is a review of the multiple property document by the Commission members. Commission members are to forward comments to her so she can edit the draft. Svendsen said there would then be a neighborhood meeting held, probably in late February. She said that comments and suggestions from the neighborhood meeting will be incorporated into the final draft. Svendsen said that if the Commission decides to pursue a National Register nomination, she would recommend taking all three districts and putting them in one nomination. She said then there could be a theme, such as writing/literature, and that theme could be integrated in a way she was unable to do from the site forms. Svendsen said that it could be done from the site forms, and a great deal of information can be found on the website. Swaim said that out of the survey, the Commission now has all the information about the borders of the districts, etc. and asked if the next step would be to pursue a local designation. Svendsen said that she would pursue a National Register nomination first, because that sets the tone for a local designation, or both designations could be done at the same time. Svendsen said that she is more than willing to take suggestions from Commission members. She suggested that members walk through the neighborhood in the spring and then provide her with any comments regarding certain designations and ask for clarification when needed. Svendsen suggested that everyone in the survey area be invited to the neighborhood meeting. CERTIFICATES OF APPROPRIATENESS: 20 East Market Street. Kuecker said that this application is from Old Brick and involves the replacement of some non- historicwindows that were likely installed in the 1970s, during which the church was slated for demolition. She said that Old Brick would like to change the metal framed windows and put in wood framed custom-made windows. Kuecker said staff feels this would have minimal impact and would likely restore the building back closer to its original state. She said staff recommends approval as submitted. MOTION: Baker moved to approve a certificate of appropriateness for a certificate of appropriateness for Old Brick at 20 East Market Street, as presented in the application. McMahon seconded the motion. The motion carried on a vote of 9-0 (Baldridge and Michaud absent) 402 South Lucas Street. Kuecker stated that the property in question is considered anon-historic property in the Governor/Lucas Street Conservation District. She said it is a ranch-style duplex, likely built in the mid 1960s. Kuecker said that the property's compatibility with the neighborhood is minimal. She said the guidelines state that an application to approve a certificate of appropriateness for demolition should be done on a case by case basis, taking into account the condition, integrity, and architectural significance of the building. Kuecker said the guidelines also recommend the removal of non-historic structures that detract from the neighborhood and recommend that the building be replaced with a structure that is more compatible. She said staff is recommending Historic Preservation Commission January 14, 2010 Page 3 approval of the demolition of the structure, subject to the new structure also receiving a certificate of appropriateness. Kuecker pointed out that the staff report contains a lot of detail about the proposed new construction. She said the applicant has submitted revised plans that have been distributed to the Commission members, along with a revised staff memo regarding the changes to the plan. Kuecker said that the newly designed structure would address the concerns raised in the staff report, changing the front section to afront-facing gable and constructing the house with more of a cross-gable appearance from the street. She stated that the pitch of the front gable has been changed to an 8:12 and the side gable to a 6:12, making the roof line up more appropriately. Kuecker said that a frieze board has been placed under all the eaves, and the windows have been changed to one over one double hung windows. She said the double windows on the second level have been changed to single windows. Kuecker said the porch detail has been submitted. She said the porch piers and appropriate skirting have been added. Kuecker said the porch was changed from a wraparound porch to two separate porches that are eight feet deep. Kuecker said the landscaping was also added to the site plan to provide a buffer between the parking area and the single-family house to the south. She said that trees have been added to and the parking area has been shifted a little to shield it from the view of the traffic on the street so that now it is mostly hidden behind the house. Kuecker added that on the gables, a barge board has been added to give the gable more of a historic look. She said that larger windows have been put on the front elevation. Kuecker said that a band board, shingle, and gable vent have been added to give more architectural interest to the structure. Kuecker showed a picture of a rebuilt property on Dodge Street. She said the house had the columns and railings the applicant would like to replicate on the proposed structure. Kuecker said that even with the changes, the proposed structure would exceed the 800 square foot maximum that is allowed on Lucas Street for the front facing elevation. She said the guidelines allow for an exception to that maximum, if the Commission feels this is an exceptional example of architecture that fits into the neighborhood. Kuecker said the applicant has made the effort to detail the building to be compatible and to be compatible with the vernacular style. She said another way that the street appearance has been mitigated is that about 600 square feet is on the front most elevation and the rest is approximately 20 to 25 feet back. Kuecker said the appearance from the street will therefore be smaller than the 950 figure. She said the Commission should debate this and see if it is an appropriate time to make the exception. Swaim asked if the elevation figure from the guidelines also includes the porch roofs. Kuecker said that it would. Downing said that he would define elevation as the front vertical surface of the building and would not find the declined roof sloping away from the front as part of the elevation. Kuecker read from the guidelines, "For the purpose of enforcing this guideline, the total surface area of the street elevation is defined as a figure derived by calculating the surface area of all wall and roof surfaces, including the window and door openings that are visible in a measured Historic Preservation Commission January 14, 2010 Page 4 drawing of the building's street elevation. Bunting Eubanks said that because having the roof elevated more has added square footage, part of the square footage is coming from trying to make this building compatible. Kuecker said that on Governor Street and Bowery Street, the maximum is 1,200 square feet. She said that on Summit Street, the maximum is 1,500 square feet. Kuecker said the difference comes from the different characteristics of the neighborhood. She said that on Lucas Street, there is quite a variation, and the 800 square foot figure may be an average. McLaughlin said that he is the applicant for this project. Bunting Eubanks said she appreciated McLaughlin working so closely with Kuecker on this project. Swaim asked if, because this is a new structure, vinyl siding is allowed. Kuecker responded that there is an exception in a conservation district to allow vinyl siding on a new primary structure or outbuilding, provided all window and door trim, corner boards, band boards, and other trim are wood or an approved wood substitute. She said the owner proposes fiber cement board for the window trim, frieze board, and such. Swaim pointed out that there is a fairly large parking area in back and asked if there were any thought about permeable surfaces. Kuecker said that permeable concrete hasn't been tested to the level that the Building Department would like to see it tested before allowing it in a lot of situations. She said the Building Department is interested in its long-term effectiveness and durability. MOTION: Ponto moved to approve an application for a certificate of appropriateness for the demolition of the structure at 402 South Lucas Street, contingent upon the approval of a certificate of appropriateness for the new structure at 402 South Lucas Street. Wagner seconded the motion. The motion carried on a vote of 9-0 (Baldridge and Michaud absent). Regarding the proposed new structure, Ponto said he was impressed with what the applicant and staff came up with together. He said that because of the setback, he is comfortable with allowing the building to be this big, according to what the guidelines say. Wagner said he also likes the fact that in addition to the setback, the face of the gable was changed. He said it also elevates it a little bit and takes away from the front elevation square footage being an issue. Bunting Eubanks said she agreed but wanted to make everyone aware that there was an a-mail about the property. Ponto asked Kuecker if she thought the a-mail comment was related to the original proposal or the new one. Kuecker replied that she did forward the a-mail sender the latest plans, and had also talked to her on the phone earlier in the day. Downing said that because the existing building and the proposed building are both duplexes, theoretically the owner is not changing the population density. Kuecker confirmed this. Downing asked the applicant if he has considered metal-clad wood windows. The applicant responded that what he was planning to use was specified in the guidelines. Downing said he would prefer to see a wood window versus vinyl. Bunting Eubanks said that vinyl can be used in this circumstance, but the Commission is generally concerned about the life span of the vinyl. The applicant said he could talk to his Historic Preservation Commission January 14, 2010 Page 5 contractor. He said there have been some changes along the way, and he only has so much money to spend on the project. The applicant said this will be beneficial to the neighborhood. He said that he is just following the guidelines as he is authorized to do. McLaughlin said that this is a duplex, and he is not increasing the density at all. McMahon agreed the density will be the same and is not under the Commission's purview. He said the layout of the property is different, however, and might promote a quieter neighborhood the way it is proposed. The applicant said that he has built similar buildings on other properties that he owns, and these properties have been successful. He said those properties have been upgrades to those neighborhoods. Wagner asked the applicant if he would be installing crosshatched skirting and suggested using a straight up and down pattern instead. He said it would be a minor expense but would match more closely the style on the street. Ponto said there is a hill that has been dug out where the existing house is. He asked if the new one would be at that level or up a little bit. Untrauer said that it will be graded and will be a transition between the two. He said that the hill be brought up from the sidewalk. Ponto said he thought that was good. MOTION: Ponto moved to approve a certificate of appropriateness for the application for 402 South Lucas Street, as presented in the revised application, with the comment that this is one of the special cases in which the Commission is making an exception to the guidelines because of the quality of the proposed building and the style of the house. McMahon seconded the motion. The motion carried on a vote of 8-0 (Baldridge, Michaud, and Wagner absent). DISCUSSION OF THE HISTORIC PRESERVATION GUIDELINES: Bunting Eubanks said that the Commission will be holding a meeting with the City Council on March 1St. Kuecker stated that at the time of the North Side Historic District Rezoning, there was a lot of discussion at the City Council level about energy efficiency and historic preservation. She said she informed the City Council at that time that the Commission is in the process of rewriting the guidelines. Kuecker said the City Council wants to have a joint meeting with the Historic Preservation Commission, when the Commission gets to the point of having a new draft, to discuss how energy efficiency can be added into the guidelines, even though historic preservation is inherently energy efficient. Kuecker said that she has added a section to the guidelines called energy efficiency that consists mostly of recommendations. She said the guidelines are 99.5% finished. Kuecker said the draft will be available next month. Bunting Eubanks thanked Downing, Michaud, and Ponto for helping prepare these guidelines. CONSIDERATION OF MINUTES FOR DECEMBER 10, 2009. MOTION: Swaim moved to approve the minutes of the December 10, 2009 meeting of the Historic Preservation Commission, as written. McMahon seconded the motion. The motion carried on a vote of 8-0 (Baldridge, Michaud, and Wagner absent). Historic Preservation Commission January 14, 2010 Page 6 OTHER: Burford invited Commission members to a meeting at the Public Library on the 24th at which Sarah Walz is going to present about the UniverCity Partnership. Burford said this is the ideal time to consider the recharge of the older neighborhoods as part of this program. She said there are some provisions that will provide for mortgage assistance and renovation assistance for University employees, and it is a very generous program. Burford said it is important to advocate older neighborhoods and get families back into these neighborhoods. ADJOURNMENT: The meeting was adjourned at 7:17 p.m. Minutes submitted by Anne Schulte Z O O v z O H a W N W a v O H _~ 0 DC O v w w v Z Q 0 Z W H H a o x x x x o x x x x x a ~( ~ N O ~ ~ N O N ~ O N W ~ W ~ N M ~ N M ~ N M ~ N M ~ ~ N M ~ ~ N M ~ ~ N M ~ ~ N M r- ~ N M ~ N M ~ N M H N ~ z W G ~ m = H w Y m J ~ C7 ? Z 3 o Q Z J Y m w O Q ~ z0 ~ ~ Q d p ~ Q ~ ~ W ~ ~ Z a J Z C7 a y Q ~ Z Z Q o ~ V Q ui J m ~ ~ Y LL ~ W Z a ~ 0 0 N E O 7 ~ ~ ~ O 3Z ~ X ~~ C ca~i~ ~ ~ u~i ~ to ~~QZ o d Q u u Z u iiw~u xOOz w Y IP20 MINUTES PRELIMINARY CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE JANUARY 20, 2010 LOBBY CONFERENCE ROOM, 8:00 A.M. Members Present: Regenia Bailey, Matt Hayek, Susan Mims Staff Present: Wendy Ford, Jeff Davidson Others Present: Gigi Wood RECOMMENDATIONS TO COUNCIL: CALL MEETING TO ORDER: A. Introduce new member The meeting was called to order by Chairperson Bailey at 8:02 A.M. The new Council Member, Susan Mims, was introduced. B. Consider election of 2010-2011 Chairperson Hayek made the motion that Regenia Bailey continue as Chairperson. Hayek moved to nominate Regenia Bailey as Chairperson of the Economic Development Committee for the 2010-2011 session. Mims seconded the motion. Motion carried 3-0. CONSIDER APPROVAL OF THE MINUTES OF THE OCTOBER 20, 2009 ECONOMIC DEVELOPMENT COMMITTEE MEETING: Hayek moved to accept the October 20, 2009 meeting minutes as submitted. Bailey seconded the motion. Motion carried 2-0 (Mims was not present at meeting.) 2010 ICAD GROUP MEMORANDUM OF UNDERSTANDING: Ford addressed the Members, stating that they have a copy of the proposed memo of understanding (MOU) in their packet for today's meeting. She noted that the MOU is drafted with the inclusion of fiscal year 2011, through June 30, 2011. Ford briefly brought everyone up to date, and noted that if they would rather wait until the current budget is adopted, they can table this issue until the next meeting. Members stated that they would prefer to approve this today, and then the City Manager can finalize it when the budget is adopted. Davidson touched on the value of the service provided by ICAD, noting that the City is not able to provide these services themselves due to not having the staff. Members briefly discussed the memorandum of understanding, asking for details on a few of the items. Mims moved to approve the agreement as stated in the Memorandum of Understanding between the City of Iowa City and the ICAD Group. Hayek seconded the motion. Motion carried 3-0. Economic Development Committee Meeting January 20, 2010 TAX INCREMENT FINANCE (TLF) PROJECT UPDATE: Ford addressed the series of memos Members received in their packet concerning TIF, and then asked if anyone had any questions regarding TIF. Davidson followed up with some further information for Members on TIF projects, noting how beneficial these TIF projects have been to the community. Davidson added that the Towncrest project is a good TIF possibility, as is Riverfront Crossings. The discussion continued, with Members broadly talking about TIF districts and how the specifics of each district and each project within districts are determined. ECONOMIC DEVELOPMENT PROJECT UPDATE: A. TOWNCREST -Davidson spoke about the Towncrest area project, noting that they are working on what type of incentives they want to offer. He added that they are working to define the "character" for the area to include in the plan. B. RIVERFRONT CROSSINGS -Davidson noted that this project will be moving a little slower than Towncrest. Currently they are focusing on moving the north waste water plant. C. DOWNTOWN BUSINESS INCUBATOR -Davidson gave a brief update on this project, noting that they are coordinating with ICAD, the Chamber, and the University on this. He also noted that the consultant will offer some investment alternatives for this project. D. MOSS GREEN URBAN VILLAGE -Davidson stated that the developer is continuing to show strong interest in moving forward. Mims asked for clarification on this possible TIF district and Davidson and Ford responded. E. EXPANSION OF SOUTHEAST INDUSTRIAL PARK -Davidson stated that this project is moving forward, albeit slowly. There were some issues with the plat, as well as some environmental issues, but those are expected to be resolved soon, and this will go to P&Z in February. F. MULTI-USE PARKING FACILITY PROJECT -Davidson noted that Members will see something soon on this as there will be a request for proposals (RFP) released in the next few weeks. COMMITTEE TIME: Hayek and Bailey welcomed Mims to the Committee. Hayek then spoke briefly about the City-owned land on the corner of College and Gilbert Street and the need to address this at some point. Davidson agreed, noting that they often have inquiries about it. STAFF TIME: Ford asked Members if the third Tuesday of the month will continue to work for meetings. Mims noted that she needs to check her calendar; she and Bailey will let Ford know if this fits their schedules. Davidson added that they are continuing the local outreach meetings with employers, doing a couple per month. He added that they are continuing to monitor the UI situation with the School of Music being built downtown. ADJOURNMENT: Hayek moved to adjourn the meeting at 8:40 A.M. Mims seconded the motion. Motion carried 3-0. Economic Development Committee Meeting January 20, 2010 Council Economic Development Committee ATTENDANCE RECORD 2010 TERM NAME EXP. o Regenia 01/02/11 X Baile Matt 01/02/11 X Ha ek Susan 01/02/11 X Mims Key: X =Present O =Absent O/E = Absent/Excused IP21 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 - 6:30 PM LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Andrew Chappell, Jarrod Gatlin, Holly Jane Hart, Michael McKay, Rebecca McMurray, Brian Richman MEMBERS ABSENT: Charlie Drum, Andy Douglas, Rachel Zimmermann Smith STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Libris Fidelis, Maryann Dennis RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action): 1) The Commission chose to make no recommendation to Council on the requested site location change for the FY10 project proposed by The Housing Fellowship. CALL TO ORDER: The meeting was called to order by Chairperson Brian Richman at 6:30 p.m. APPROVAL OF THE DECEMBER 3, 2009 MEETING MINUTES: Gatlin motioned to approve the minutes. Murray seconded. The minutes were approved 5-0 (Zimmermann Smith, Drum and Douglas absent; Hart not present at time of vote). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. STAFF/COMMISSION COMMENT: Hightshoe stated that HCDC applications were due on January 26, 2010, and that copies of the applications, as well as a copy of the completed CITY STEPS document that will guide funding decisions, have been distributed to Commissioners. Hightshoe noted that more documents and packets will be forthcoming for the funding process. Hightshoe said that she and Steve Long would be working on the staff reports for the applications and that they would a-mail those to the Commissioners. Hightshoe said they would also contact Commissioners about potential dates for site visits. Hightshoe noted that in the past Commissioners have not visited public service projects in an effort to preserve the confidentiality of clients. Hightshoe noted that generally HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 2 of 13 they do not have a quorum at site visits, but that if they do staff will simply take minutes. McMurray requested that one of the days for site visits be either a Tuesday or a Thursday. Richman asked if there had been any significant changes to the CITY STEPS plan other than those discussed in their previous meeting on the subject. Hightshoe said that the City Council had approved the plan with HCDC's recommendations, so no significant changes had been made. REVIEW OF THE FY11 ALLOCATION PROCESS AND PRO FORMA: Proforma: Hightshoe said that each year the long term viability of rental housing projects are evaluated. Hightshoe explained that when the Commission receives applications for rental properties, they ask for a pro forma, which requires the developer to sit down and evaluate the revenue they will generate from rent against expenses and debt over the next 20 years (new rental construction projects have a required 20-year affordability period). Hightshoe said that the debt coverage ratio (ratio of income over expenses) and equity/return on the investment, are examined in an effort to compare different rental housing projects that are applying for funding. The reasonability of expenses and vacancy rates are evaluated, as are the level of reserves and maintenance costs. Hightshoe said that the staff reports will outline staff's evaluations of the projects based on these and other criteria. She said that the Bankability Guide included in the packet offers a general rule of thumb by which to measure the feasibility of projects. She said the goal is to achieve a balance so that businesses are not running at extreme profit, but are profitable enough to remain viable for the next 20 years. Richman noted that if there are any applications for projects involving tax-credit financing, it might be helpful for staff to briefly explain that process for Commission members as it is fairly complex. It was determined that there likely are no such projects among the FY11 applications as The Housing Fellowship (THF) is not applying for one. Allocation process: Richman briefly outlined the typical application process. He explained that after applications come in, Hightshoe and Long will prepare staff reports for the projects. After that, the Commission will do some site visits. There will then be a series of meetings; the first meeting, on February 16tH, will be essentially a question and answer session with the applicants, in which applicants will be given five or ten minutes and the Commissioners will be able to ask questions about the project; after that, the Commissioners will complete ranking sheets for each of the projects and individually come up with preliminary recommended allocations for each of the projects; the March 11tH meeting will be to discuss project-by-project the individual recommendations; after considering the input of others, the Commissioners will re-work their allocations and spend the final meeting, on March 25tH, coming up with final allocation recommendations. McMurray said that the sooner the Commissioners can get the ranking sheets the better. Hightshoe said she could certainly provide a blank ranking sheet soon. She noted that applicants had been informed in workshops that some of the priorities had changed with the new CITY STEPS, and that applications should reflect those changes. Richman asked when Commissioners could anticipate getting the staff reports. Hightshoe said she would estimate that the Commission should have them the week before the meeting. Richman said it would be good if Commissioners could have them no later than February Stn and even sooner would be better. Hightshoe said she did not know if she could provide them prior to the site tours. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE3of13 Hart said she did not receive the calendar/timeline. Hightshoe noted it was in the general packet & provided her with a copy. Hightshoe noted that the February 16th meeting would be held at the public library in Meeting Room A. The March 11 and 25 meetings will be held in Emma Harvat Hall at City Hall. Hightshoe explained that once the process was completed, the Commission would send its funding recommendation to City Council for consideration. Staff will formulate an Annual Action Plan that outlines how funds will be spent for the upcoming year. There will then be a 30-day public comment period, after which the City Council will meet and review. The City Council can accept the Commission's recommendations as-is or can change them. The Council will send their recommendations to the U.S. Department of Housing and Urban Development (HUD). Approved projects may begin July 1S' (dependent on an agreement with the City and the environmental review completed) REVIEW SITE LOCATION FOR FY10 THE HOUSING FELLOWSHIP PROJECT Richman noted that this agenda item had just been added in the last couple of days. Hightshoe stated that in 2007 it was the consensus of the City Council that rental housing projects not identified in areas encouraged for additional affordable housing opportunities (FY07 Location Map) be submitted to Council for site location approval. Hightshoe noted that this guidance is not a formal Council resolution. Staff includes this guidance in the applicant guide to alert rental housing providers that site location must be reviewed by Council if not in the identified areas. Hightshoe explained that THE has made a purchase offer on such a site. She said that the City's Legal Department has advised that the item should be added to HCDC's agenda for this meeting so that the Commission could either make a recommendation for approval or denial, or refer back to Council without a recommendation. She said staff did not want to rush it through HCDC; it was simply that the next meeting was not until March. The item, regardless of the Commission's recommendation must go through Council. Richman explained that this involved funding that had been approved last year. Richman said that his understanding is that the Commission basically has two choices: 1) forward it to the City Council with a recommendation to approve or not approve the project, or 2) forward it to the City Council with no recommendation at all. Richman said he is happy to kick off the discussion by saying that his feeling is that it should be forwarded without any recommendation. He said that he feels that an item that comes before the Commission this late, without Commission members having the opportunity to review it and study it, is not one that he can really have an informed recommendation about it. Richman said that for him another issue is that the 2007 guideline was never formalized into a policy; he said that, in his opinion, it should be. Richman said that policies are usually established by the City Council, or Commissions are directed to help formulate policies, but that establishing policies on an ad hoc basis as applicants come forward with a project does not really make sense to him. He said that to his mind there is a need for a policy here, but that this is not the appropriate situation for the Commission to be establishing policy. He said he was, of course, happy to hear what everybody else has to say. Gatlin asked how much time Council would have to look over the application before a decision needs to be made. Hightshoe said that Council will receive the minutes of this meeting and then it will be placed on a work session. McMurray asked for clarification on the location of the project. Hightshoe said the site is at 2500 Muscatine, in census tract 14. Hart explained that it was across the street from the Towncrest HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 4 of 13 area. Hightshoe said it was across the street from CVS Pharmacy. The cemetery is to the east of the site and an apartment building is to the west. McMurray asked if there were options in the area designated as under-served for low-income housing. Hightshoe said that the map reflected the policy recommendations at the time by a task force, however it is not ideal. For example the airport and the surrounding industrial zone in census tract 104 is considered an under-served area on this map; however most or all of it is not zoned for residential use. Census tract 1, block group 1 (just south of I-80) is also identified as under-served, however land prices are expensive with few lots available for sale. Hightshoe said that scattered site, City assisted housing will be on an upcoming Council work session; however that does not mean the issue will be resolved in the near future. For projects previously approved developers will need to proceed to ensure they meet HOME's commitment and expenditure requirements with acceptable sites. Sites will continue to be submitted to Council until a policy is formalized. Hightshoe said it is not an easy decision and she is sure there will be a lot of debate. Chappell said that whether it is a guideline or a policy may be a matter of semantics, but the fact of the matter is that the Council has indicated that they think enough of this map that if a developer's site does not comply with the map they want to weigh in on it. Chappell asked what has happened previously. Hightshoe stated since 2007 there have been sites in areas not encouraged for additional affordable housing opportunities identified on the map sent back for Council review. Habitat for Humanity requested sites in Census Tract 18. Council approved the sites and amended the guidance to not include owner-occupied housing. Later The Housing Fellowship (THF) requested 16 affordable rental units in Census Tract 18 (Mount Prospect Addition). Hightshoe stated best to her memory; HCDC did not forward a recommendation on this project to Council. City Council approved the site after review at a work session. Chappell asked if the Commission had simply not been asked, or if the Commission had explicitly not made a recommendation. Hightshoe stated she couldn't recall without looking back through the minutes. Maryann Dennis of THF said that the Commission had not been asked to review the previous application. Dennis said that what had happened this time was that an Assistant City Attorney had advised that HCDC should review the matter. Chappell said that much was clear from the a-mail. Chappell said that he did not yet have an opinion as to whether a recommendation should be made but that he would certainly be willing to listen to any presentation the applicant might wish to make and have his questions answered in order to make a better informed decision. Richman invited The Housing Fellowship to speak. Maryann Dennis, Executive Director of THF, said that THF had applied for HOME funds to build affordable rental housing in Iowa City. Dennis said that the City Council passed the budget with HCDC's recommendation that THF be allocated $220,000 in order to purchase land in Iowa City. Dennis noted that THF had been in business for 20 years, and that typically, once allocated funding, they go out and look for sites. Dennis said THF has a process whereby the site is analyzed in terms of price, what can be built there, and location. Dennis explained that THF mainly provides rental housing for families, and does not own any one-bedroom units. Dennis said they find this site to be very suitable for family housing because of its proximity to many community services. She said that most of the available land in the city is not within their price range. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE5of13 Hightshoe asked if it was correct that this was part of aloes-income tax-credit project. Dennis said that this particular site was going to be wrapped into aloes-income housing tax credit application, and would be combined with another THE site in North Liberty. Dennis said that one important criteria of slow-income tax credit project is that the per-unit cost cap is set in stone, and includes the land and the construction. Dennis said that the underwriting criteria for their pro forma was very detailed, and that points are awarded for the units being close to certain kinds of services such as schools, grocery stores, health care services, pharmacies, banking, and public transportation. Dennis said the 2500 Muscatine location is an attractive one as it meets the IFA location criteria, and is right across the street of the boundary for under- served areas based on the 2007 map. McMurray said this sounded like a good location to her and asked if the site would be lost if it was not approved. Hightshoe said that if Council did not approve it, CDBG/HOME funds could not be used. McMurray said she would hate to see THE lose the property. Chappell asked if THE was tearing down the building. Dennis said that the seller is tearing down the building and THE will buy vacant land. Chappell asked if that was part of THF's purchase agreement, and Dennis said it is. Hightshoe asked if it was correct that THE intended to build six townhomes, and Dennis said that was their hope. Hightshoe said it might be five units. Richman said Dennis did not sound entirely optimistic about six units. Dennis said that they would like to place six dwelling units on the land, but that they will have to work with planning staff and their architect. Chappell asked if the area would have to be rezoned and Dennis said it would not. Richman asked if the purchase price included the costs of demolition. Dennis reiterated that the seller was paying for the demolition. Hightshoe said that THE would also have to go through state historic preservation and do an environmental review before they can proceed with the purchase. Chappell asked if THE kept the under-served areas map in mind when looking for property, or if they just happened to find a property they liked that was located where it happened to be located. Dennis said THE does look at that as a factor, but that they also have to look at what land is available and the applicable zoning. She noted again that THE has been doing this for 20 years, and that they are governed by a Board of Trustees, written guidelines on how to select sites, and a Housing Advisory Committee. She said that it basically comes down to what is available that they believe they can develop, place into service, and keep affordable, while meeting all of the other requirements of all of their funding sources. She said there will probably be between five and seven different sources of financing that comes into this project. Hightshoe said she believed that all of the local affordable housing providers are aware of the map and try to work with it. She said it is somewhat easier for affordable housing providers who are acquiring an existing home or condominium to follow the map than it is for providers who are looking for appropriately zoned vacant land upon which to do new construction. Vacant land is usually located at the edges of town, which may or may not be close to services such as grocery stores, public transportation, banks, schools, etc. She said that what type of projects the Council funds is a policy issue. Richman asked Hightshoe if she recalled whether or not City Council had ever denied an application based on the under-served area map. Hightshoe said that Council did not support a project in Census Tract 18 for Anchor Housing in the Saddlebrook development. She said that a developer called Anchor Housing proposed a 50 rental unit development at Saddlebrook. HCDC denied funding and the developer requested financial assistance through City Council. City Council denied the request. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 6 of 13 Dennis said that providing affordable rental housing is THF's primary purpose. She said that they currently own 116 rental units in Iowa City and Coralville. Those 116 rental units are located in 11 of the 13 elementary school districts. Dennis said that since its inception THE has been committed to scattered site affordable rental housing. She said they would love to have affordable rental housing in the Lincoln School area. She said they have it in the Horn area, but not in the Lincoln area. She said that they were also very involved in the Scattered Site Housing Task Force. Chappell asked if it was known how concentrated with affordable housing the areas not indicated as under-served are. Hightshoe said she was not sure. Hart said she was with McMurray on this, in that while it is short notice as far as time to review the matter, she always considers proximity to services and businesses, and by that measure, this is a good location. Hart also pointed out that the site is just across from the area noted as under-served on the map. Chappell asked if it was correct that the current apartments to the west of the site are not City- assisted. Hightshoe said the City has not assisted them; they are private rental apartments. She said she did not believe that any apartments south of the site have been assisted with CDBG/HOME funds. Hightshoe said that she knows Council will be taking up the issue of site location and working on a more concrete policy to guide future development. She said it is on their work session agenda; it will be taken back up in Marchand it will be atime-consuming process. In the meantime, this policy serves as a red flag to the Council and gives them a way to review it and approve or deny it. Chappell said that ultimately he is with Richman on the issue, and that he does not think an HCDC recommendation is appropriate. He said that any recommendation City Council will receive will be just a first impression' recommendation, and the same information can be passed along by making the minutes available. Ultimately, Chappell said, the Council will decide what the Council decides. He said he is comfortable not making a recommendation, though he noted that he would not stomp his feet and abstain if there is a broad consensus to make one. Hart said she would be interested in knowing how other Commissioners felt on the subject. She said that if the City Attorney's office has asked HCDC to consider it they must feel that the group has something to add to the consideration of the matter. She noted that City Council can, of course, take a recommendation or leave it. She said that it seemed to her that people were generally favorable toward making a recommendation. She said that she would like to make a recommendation but obviously if others felt it would not be appropriate that is fine too. She said that since making a recommendation is within the prerogative of the Commission and they had been asked to do so, she is interested in knowing if others are wished to make one. McKay said he is somewhat in favor of making a recommendation. He said he doesn't know what other information the Commission would get or need that would sway members one way or the other. He said that at this point he is not sure what other information would change his mind other than some legal or other technical problem. He said he does not know why they should not make a recommendation. Hightshoe asked if that meant that the Commission was 3-3 on whether or not to give a recommendation. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 7 of 13 Richman asked where Gatlin stood on the matter. Gatlin said that he thinks it is a good site and that from what he has heard it could be beneficial to have it there, but that without doing further research he does not feel it is something he could recommend. Gatlin noted that whatever the Commission says, it is ultimately up to the Council. Richman said the City went through this extensive process with the Scattered Site Task Force, but the recommendations were never formally adopted by the City Council. And because the City Council has approved exceptions to this policy each time that it has come before them, it seems as though the policy needs to be reconsidered. He said he would be happy to address the issue as a Commission, but that he did not feel it was appropriate to do so on an ad hoc basis. Richman said that if someone wished to make a motion the Commission could vote on it; however, four votes would be needed to carry a motion. Hightshoe noted that the Council will get the meeting minutes as well. Richman invited a motion. Hart said the motion would simply be 3-3, so the Commission might as well just move on. Richman asked if the rest of the Commission was alright with that, and the Commissioners indicated that was fine with them. Hightshoe summarized that there were three Commissioners who had wished to recommend approval to the City Council and three Commissioners who did not feel it was appropriate to make a recommendation of any kind to the City Council. Richman said that he would like to see some guidance from Council as to how they wished to have the issue of under-served areas and site location treated in the future. Libris Fidelis asked the Commission if he could make a statement on the location of the proposed project. Richman said that he could. He said that while he is not exactly sure what building is being discussed, he does believe it is a suitable location for low-income housing. Fidelis said there is really a critical shortage of affordable housing in this community, though he noted that it is through no one in the City's fault. He said there are a lot of low-income people who would like to have a good home. He said the location is near CVS, Walgreen's, and Hy- Vee, as well as excellent bus service. He said it would really help low-income people to have housing in that location, though he said again that he was not sure exactly where the location is. Fidelis said that even five or six new units would help people out. UPDATE ON PROJECTS PER THE UNSUCCESSFUL OR DELAYED PROJECTS POLICY: FY08 BLOOMING GARDEN IHA LP - DOWNPAYMENT ASSISTANCE: Hightshoe stated this project was approved for funding in FY08. The CDBG agreement required 2-4 homes be built by October 31, 2009. CDBG funds would provide downpayment assistance to income eligible homebuyers. In May, 2009 the applicant received design approval to build up to four units on Catskill Court; however, they did not get a building permit and did not proceed. Hightshoe said that staff has been in discussions with Jesse Burns of Burns & Burns to try to determine if the project will proceed. Hightshoe said that Burns recently e-mailed to say that they would be terminating their agreement. Hightshoe explained that Burns expressed a fear that their project would be competing for prospective homebuyers with the City's Single Family New Construction (SFNC) Program that came about as a result of the floods. Burns indicated that they might be willing to move forward with the project if HCDC was willing to HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 8 of 13 provide the same financial terms provided to SFNC buyers as it is more competitive than their approved terms. Chappell asked if it was the case that that money would go back into this year's allocation pot. Hightshoe said that it was and that this would add $80,000 back in to be reallocated. A termination agreement has been sent to Blooming Gardens for signature. FY09 DOLPHIN INTERNATIONAL LLC - DOWNPAYMENT ASSISTANCE: Hightshoe explained that HOME requires the recipient to enter a written agreement and commit the funds within two years. Dolphin received funds in FY09 and FY10 for down payment assistance for owner-occupied units. Hightshoe said that last year Dolphin realized that in the present market their potential buyers could not get secondary financing and so the project could not proceed as an owner-occupied project. They came before the Commission to ask to have the project changed to a rental project and the Commission denied the request. Dolphin was told that they could apply for rental rehabilitation during the FY11 CDBG/HOME funding cycle. FY10 THE HOUSING FELLOWSHIP -RENTAL HOUSING: The delayed projects policy states that if a project relies on other financing, such as low-income tax credit, those funds must be applied for in the immediate next round. Hightshoe said that THE is going to apply for funding, but not in the next available round because with low-income tax-credits site control must be obtained prior to application. Hightshoe asked Dennis if she wished to give a brief update. Dennis said that the Iowa Finance Authority (IFA) considers a signed purchase agreement to be "site control." Dennis said that THE has not applied because of the economy and its effects on the tax-credit market. Dennis said that it used to be the case that Fannie Mae represented 80% of the investment funding for low-income tax credits. Since these allocations took place, however, Fannie Mae has gone totally out of the market. Dennis said that THE fully plans to commit to atax-credit application; they work with a consultant out of Omaha and anon-profit syndicator, both of which currently recommend against submitting an application because they do not believe THE can sell the credits to an investor at this point to make the project viable. Richman asked if there was any sense of who is potentially going to step into the market to buy tax-credits. Dennis said there was not. She said the big syndicators are saying that they want big projects, 80-150 apartments. For Aniston Village, Dennis said, the syndicator received a big bridge loan in order to provide the equity, with an assurance from Wells Fargo that Wells Fargo will come in. Dennis said the biggest investors right now are the big banks, which is all in flux due to the irregularities in the banking industry. Dennis said that THE did two tax credits on their own in 2006 and sold the tax credits for $0.84 on the dollar; Aniston Village is $0.65 on the dollar. Dennis said that they think they will continue to lower in value. Hightshoe noted that the final occupancy date is set as 2013, which would still be within the required five years for HOME funds. Richman said that the obvious question is whether or not in the next 12 to 24 months there will be a market for these tax-credits at a price that makes the project viable. Chappell asked if the failure to apply in the immediate funding round will require the City to recapture the funds. Hightshoe said in the past it has nott. She said that while HCDC could recommend recapture to Council, typically if the timeline looks reasonable an extension is granted for a specific timeframe. Chappell asked for clarification on the policy. Hightshoe acknowledged that while the written policy requires recapture, it has not always been the practice. Staff acknowledged the policy needs to be taken back to Council. Staff was HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE9of13 planning to do this in April, when several CDBG/HOME matters are reviewed by Council; however for this policy we may have to send it to Council in the very near future. Chappell said he was trying to understand if this is just an update or if there is some action the Commission needs to take. Hightshoe said that in the past the applicant has updated the Commission and the Commission has allowed the applicant to continue to use the funds for the purpose within a specified timeframe. Richman asked if it was correct that for all three projects the Commission has the option of recommending recapture of the funds or of extending the deadlines. Hightshoe said that was correct. Chappell asked Richman if he too interpreted these items as action items, and Richman indicated that he did. Hightshoe said that Blooming Garden is returning the funds and that a termination agreement has been sent. Dolphin International is essentially returning the funds to their line of credit and asking the Commission to reallocate them for FY11. McMurray asked for clarification on the Dolphin application. She asked if the $188,000 they are returning is part of their $584,000 allocation request for FY11; Hightshoe said that it is. Richman said that his feeling on that is that the cash should go back into the pool of money and there should be no sense of commitment to Dolphin for that funding. He said that to him the appropriate course of action is to recapture the funds. Chappell agreed. Richman asked what the dollar amount was for the THE project. Hightshoe said it is $220,000 for FY10. Richman said he would like to get a sense of what is going on in the tax-credit market and whether there is a likelihood that it will recover enough to make this project feasible within the necessary timeframe. If not, Richman said, then at some point the Commission needs to think about recapturing the funds so other projects can go forward. Hightshoe asked Dennis if the project could proceed without the low income housing tax credit funding. Dennis said that financing would have to be re-examined but that it might be possible. Dennis noted that the American Recovery and Reinvestment Act contains provisions for aTax- Credit Assistance Program (TCAP) which could help close the gap in equity which resulted from recent market forces. Aniston Village, Dennis said, just received $1.6 million in TCAP funds; they were awarded $597,000 in tax credits, which generates $5.9 million in equity. With the combination of THF's syndicators and the TCAP funding, THE was able to raise enough equity. Richman asked if the TCAP money was a loan or a grant. Dennis said that grants are not available for tax-credits, only loans. Dennis said that if atax-credit gets a grant it reduces the eligible basis for credits. She said that the TCAP loan terms are what is called "cash-flow repayment." Dennis said that she did not wish to mislead the Commissioners by saying that she thinks the tax-credit program is going to go away. She said that it is a complicated program. She said that the policy that the City of Iowa City has adopted which says that applicants need to submit atax-credit application in the next available round pretty much sets up any applicant for failure to comply with the policy. Dennis said that it is practically impossible because the time-tables simply do not match up well. She noted that this policy was set by the City Council. Hightshoe said that staff intends to edit this language, and take the Council earmarks, the Citizen Participation Plan, the Commission occupancy policy, and other issues before the Council in April or May; then staff will bring it back to the Commission. Chappell asked if THE did not want to apply to this round because they are afraid they will not get the money, or because they are afraid they will get the money and everything else will not be ready. Dennis noted that she did not say she was afraid to apply. Chappell acknowledged this, but pointed out that she did not intend to apply. Dennis said that THE was allocated FY10 HOME funds to purchase land in order to apply within the next round of tax-credits. Dennis said she did not say they were afraid to apply for the next round; rather she had said that it was virtually impossible to do so because of the timing and the amount of work that goes into the tax HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 10 of 13 credit application. Chappell said he understood her to have said that their advisors were recommending against application. Dennis said that was another issue, but that he was correct. Dennis explained that there is an annual round. Hightshoe noted that this had happened with the last low-income housing tax-credit project because tax-credits require site control at the time of application and the application process is an extensive one. Hightshoe said that previous projects had come back to the Commission and was granted an extension. Hightshoe said that HCDC funding is available July 1St and the low-income tax-credit applications were typically due in November. Hightshoe said this basically gave an applicant three months to find land, purchase it, and go through the extensive tax-credit application process which involves market research and analysis. Dennis pointed out that there must also be plans and specs drawn up by an architect before applying for the tax-credit. She said the application is approximately 1,200 pages and requires input from engineering, legal, architects and other experts, making it a very expensive and time-consuming process. Richman said that it seems to him there are two issues. First, there is the ongoing issue of the requirement to apply in the next funding round, which, Richman said, Dennis is saying is not a reasonable requirement. Secondly, there is the specific issue of whether or not there is actually a market for tax credits at this time and whether it would make sense to go forward with an application even if it could be done within the required timeframe. Chappell asked when the funding round takes place that THE would be required to apply for under the current policy. Dennis said it depends on when the IFA says tax-credit applications are due; for FY10, the due date is March 31, 2010. Richman asked if applications were accepted just once a year; Dennis said that was correct. Chappell asked if it was correct that the expectation for FY10 funding would be that it would be spent in FY10. Hightshoe said that housing projects are given two years to commit; housing agencies have two years from the time they are approved to find a site and enter an agreement; they have five years to spend the money. Chappell said that he understands how onerous the application for low-income housing tax- credits is, and that he does not have an issue with the idea that this policy may be completely unworkable; however, his concern is that unless he is somehow misreading it, he does not see a way that the he can support a recommendation of anything other than the funds being recaptured. Chappell said he is open to being educated as to how he is misreading the policy, but as it stands, it is a pretty clear directive from the Council to keep things moving. Chappell said that as he reads the policy, the agency is supposed to apply for the next funding cycle, if they do not get the tax-credit status there is a contingency, and at that point the Commission has some discretion; HCDC can allow funds to be retained in the event the agency applies and is not awarded tax-credit status. Chappell asked if the language that states "the first applicable application period offered" might offer some wiggle room. Richman clarified that Chappell's concern is that the policy as written requires something to be done. Chappell said that his concern is that the policy as he reads it seems to pretty clearly require the recapture of funds. Hightshoe said that if the next funding application is not due until March, the applicant is not out of compliance yet. Staff will revise the policy and forward to HCDC and the Council for review. Staff had planned to make the revisions in April, but can simply move up the date. Dennis said that THE cannot apply by March. Hightshoe said she was talking about revising the policy before March so that THE would not have to apply within the next funding cycle. Chappell asked if Hightshoe was saying that HCDC's decision could be deferred until City Council made a change to the policy. Hightshoe said that was correct. McKay noted that the Commission had just declined to make a decision because they wanted stronger policy guidance from City Council, and now the Commission was deferring a decision HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 11 of 13 until they could get weaker policy guidance from Council. McKay suggested the Commission should get on the same page and do one or the other or they would look like they were being quite subjective. Hightshoe said that the issue will be put on the Commission's February agenda, and would go to Council right after that. She said that given the complicated application process involved with low-income tax credits, recapturing funds from an agency for not hitting the first round after allocation is not realistic. The policy was written before the Commission and staff had much experience with LIHTC projects. Hightshoe said that she thinks that the policy can be changed by staff and reviewed by Council before the March application deadline. She said that the policy should be changed because it is not realistic or consistent with other HCDC policies. Richman said he has no problem simply recommending an extension for the applicant. Hightshoe said that she was not sure exactly how the language became so rigid or by whose directive, but that staff had talked about the need to have it changed. Chappell said that for what it's worth, if staff thinks this is a bad policy and has a plan in place to get it changed, he does not mind waiting. Hightshoe noted that the March 31St application deadline has not yet passed, and therefore, THE is still in compliance. Chappell said he did not mind waiting, but that he would be uncomfortable voting in direct contradiction to the policy, regardless of what staff thinks of the policy. Richman said that his concern is just for the logistics of it. He said that allocation meetings that take place in February and March are extremely long and that his preference would be to take care of the matter now rather than tacking an extra hour onto afive- hour meeting. Chappell said he has no problem voting now; he was simply explaining how and why he would not vote for an extension. McKay said he feels the same way. Hart says that if the Commission agrees with the request but would wind up voting no because of the policy then it seems reasonable to wait. Hart said she would vote to grant an extension. Richman said that he too would vote to extend with the caveat that he would like staff and the applicant to study what the future of the tax-credit market is. Hart asked why the Commission would vote down a measure that they favored if they have reason to believe that the policy will be changed. Hightshoe noted that THE was not out of compliance presently, and so nothing really needed to be done at present. Richman asked what McMurray and Gatlin's feelings on the topic were. McKay reiterated that the Commission cannot reasonably defer a decision because they want stronger Council guidance while blatantly disregarding strong Council guidance on another matter. Gatlin said he agreed that the policy should be followed as written, whether he personally liked it or not. Chappell said that if the Commission wanted to wait to vote then someone should make a motion to defer the item. Hightshoe said this is just an update and a deferral is not really necessary. Chappell said that is why he had asked her in the beginning if this was an action item or an update. Richman said it seems that there is not majority support for an extension right now and that what has to happen is that staff needs to go back to City Council and address the policy. Hightshoe said that might mean the Commission needs to add this item to the February 16th agenda. Richman said that what he believed would be helpful is for the draft policy to be distributed in a timely manner so that people could look at it. McKay said he would rather see another hour long meeting added to the schedule so that the issue could be given due attention but would not interfere with the allocation process. Hightshoe said she and Long could draft the policy, send it out via a-mail, take comments, and then put it on the agenda. Richman said that sounds like what needs to happen. Richman asked if it was correct that with respect to THE no action would be taken that evening; Commissioners indicated agreement. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 28, 2010 PAGE 12 of 13 With respect to Dolphin and Blooming Gardens, Richman said, it is clear that neither project will be proceeding as originally approved. Chappell asked if a motion was needed to recapture the funds for those two projects. Hightshoe said she did not believe a motion would be required for Blooming Gardens because they have agreed to terminate. Chappell motioned to recommend termination of the agreement with Blooming Gardens for their FY08 CDBG funding allocation for the reasons outlined by staff. Gatlin seconded. The motion carried on a 6-0 vote (Zimmermann Smith, Drum, and Douglas absent). McKay moved to recommend the recapture of the FY09 HOME funding allocation for Dolphin International LLC. Hart seconded. The motion carried on a 6-0 vote (Zimmermann Smith, Drum, and Douglas absent). MONITORING REPORTS: COMMUNITY MENTAL HEALTH CENTER -FACILITY REHAB. (McMurray): HCDC had awarded CMHC $23,504. They have resurfaced their alley and parking lot area and will replace sidewalks in the spring. MECCA -FACILITY REHAB. (Gatlin): HCDC allocated $32,199 to MECCA for FY09. They are approximately 15% done with their security upgrades, and are still in the bidding process for the project. They are down to deciding between two vendors and anticipate completion by December 2010. FY09 & FY10 NEIGHBORHOOD CENTERS OF JOHNSON COUNTY -FACILITY REHAB. (Gatlin): HCDC allocated $14,600 to NCJC for a deck covering. The project required an architect, and the agency is 10% complete with that project. The FY09 allocation of $26,601 for window replacement was completed in June of 2009. ADJOURNMENT: Gatlin motioned to adjourn. McMurray seconded. The motion carried 6-0 (Zimmermann Smith, Drum and Douglas absent). The meeting was adjourned at 7:54 p.m. Z O ~_ O V H z W J a O w W ~_ Z 0 U Z Q L7 Z N O O U w W o U ~' Z Q N D Z W F- H a N X ~ O X X X X X N r- O N O ~ ~ O N ~a W X 0 N O O O N O ~ O O ~ O O N f- W ~ O O O ~ O ~ O ~ O O O ~ O O O ~ 01 Q ~ W ~ o W Z a ~ U U W m z = F- J = ~ Q OC U ~' m Z .~ a N ~ = U '~ z O = ~ ~ z ~ J w ~ ~ ? ~ ~ = Q Z 2 U O O ~ D Q C7 Q 2 ~ ~ U OC ~ Q N~ L X ~ W ~ N ~~~~ ~a~~m a Q Z ~ Z n n n n w~ YXOZ