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HomeMy WebLinkAbout2010-03-11 Info PacketC 1 -~.:.®~~ "m'C'~r ~`` ~ 1 ~Qa~~~ ~~- CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 11, 2010 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Memorandum from Councilmember Wilburn: Legislative Update IP3 Memorandum from the City Attorney: Proposed Ordinance Changing "Bar Entry" Age to 21: Interplay Between Council Action and Referendum IP4 Memorandum from the Director of Planning and Community Development, City Attorney, and Chief of Police: Downtown Association letter addressing panhandling and other issues on City Plaza IP5 Memorandum from the Assistant City Attorney: Iowa City Crossings IP6 Letter from the Interim City Manager to Linda Schreiber: Thank you IP7 Memorandum from the City Clerk: Absence IP8 Memorandum from the City Attorney: Absence IP9 Memorandum from the City Clerk: Taxicab Editorial IP10 District Court for Johnson County -Robert James Hegeman, Plaintiff vs. The City of Iowa City and the City Council of Iowa City, Defendants IP11 Memorandum from the Director of Planning and Community Development: Update: Flood- related activities IP12 Email from Douglas Elliott, ECICOG: Deadline for Single Family New Construction Extended to April 12, 2010 IP13 Invitation: Iowa City Community String Orchestra Spring Concert -March 28, 2010 DRAFT MINUTES IP14 Airport Commission: February 18, 2010 IP15 Board of Adjustment: February 10, 2010 IP16 Parks and Recreation Commission: February 3, 2010 IP17 Parks and Recreation Commission: February 10, 2010 ~ _ i ~~®a7 03-11-10 ,,,~ City Council Meeting Schedule and ~P1 CITY OF IOWA CITY Work Session Agendas March 11, 20,0 www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • 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 • MONDAY, APRIL 5 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, APRIL 6 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • FRIDAY, APRIL 9 Emma J. Harvat Hall 8:OOa-5:OOp Special Council Work Session (City Manager Search -Recruitment firm interviews) • MONDAY, APRIL 26 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, APRIL 27 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, MAY 10 Emma J. Harvat Hall TBD Special Work Session Special Formal (Continue Work Session if necessary) • MONDAY, MAY 31 Memorial Day Holiday -City Offices Closed • TUESDAY, JUNE 1 Emma J. Harvat Hall TBD Special Work Session Regular Formal (Continue Work Session if necessary) • MONDAY, JUNE 14 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, JUNE 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JULY 5 Independence Day Holiday -City Offices Closed • MONDAY, JULY 12 Emma J. Harvat Hall TBD Special Work Session Special Formal Council Meeting (Continue Work Session if necessary) :..®~~ :'mom ~~ "'"'®'~~ City Council Meeting Schedule and ~~ CITY OF IOWA CITY Work Session Agendas March 11, zo,o www.icgov.org • MONDAY, AUGUST 16 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, AUGUST 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, AUGUST 30 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, AUGUST 31 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting 2010 C.'~nsus - .Iowa Ci~~ .Moves Fo~wa>^d Whin Yoi~ Sind It Back www.icgov.org/census ~~.r®(~ ~ ~~~~~~~ ~~,~~ CITY OF IOWA CITY spy MEMORANDUM Date: March 11, 2010 To: City Council From: Councilmember Ross Wilburn ~ ~^~'"'""- Re: Legislative Update Attached is an update on legislative priorities of the Metropolitan Coalition as well as City priorities that were not part of those of the Coalition. Please keep in mind that things are moving more quickly as the session progresses toward a planned early adjournment, and the status of individual bills will change quickly in the coming days. 2010 Legislative Priorities -Update March 11, 2010 Metropolitan Coalition Priorities Alternative Revenue: Hotel/Motel Tax Increase - to 9% or add a $1.50/night fee. SSB3245 enables a city to impose by ordinance a $1.50 per night local lodging regulation fee. The revenue would be used first for the inspection, supervision and regulation of hotels and motels under Chapter 137C -the hotel sanitation code. Any excess could only be used to support property tax relief. Survived funnel. Ways & Means ALSO: HF2480 enables the establishment of "Consumption Tax Districts" or sales tax bonding districts to allow for sales tax increases for funding urban renewal projects. Survived funnel. Ways & Means Economic Development: No changes to TIF. SSB3125 divides out school foundation property taxes for purposes of urban renewal. Exempts instructional support from TIF -schools get that revenue immediately. Funnel proof. Ways & Means Maintain funding for I-Jobs, Vision Iowa, RECAT. Will be addressed by the legislature in the coming days. Smart Growth Incentives. SF2265 establishes "smart planning principles ", guidelines for the adoption of certain comprehensive plans and land development regulations, and provides for the establishment of a (37 member) smart planning task force. Survived funnel. ALSO: HF2322 creates a Workforce Housing Assistance grants program to be funded and administered by the Iowa Finance Authority. Survived funnel. Transportation Infrastructure: Commuter/Passenger Rail (study/fund). The federal government has allocated funds to study passenger rail service between Iowa City and Des Moines, and between Des Moines and Council Bluffs. Road Use Tax There is no bill under consideration to increase Road Use Tax funding. It is reported that the proposal to fund $SO million of State Patrol operations from Road Use Tax revenues does not have sufficient support in the legislature to pass. Nuisance Bars: Adjacent lots considered part of licensed premises for criminal activity occurring there. HF788 would accomplish this. This is primarily a city of Davenport initiative and the Coalition agreed to support it. Survived funnel. Pension/retirement Issues: MFPRSI (Municipal Fire & Police Retirement System of Iowa)/ IPERS (Iowa Public Employees Retirement System. HF2502, the omnibus pension bill, has been referred to the Appropriations committee. It would make appropriations to the State IPERS system as well as to the MFPRSI system. The latter could double the amount we pay into the system, to over $3 million over the next four years. The bill is aimed at restoring actuarial soundness to these funds that have been severely affected by the loss of interest revenue during the economic downturn. Particularly with the MFPRSI system, cities will bear the brunt of the financial burden. Survived funnel. HF2382 provides for a choice of medical care by members of the MFPRSI system who are injured in the line of duty. Currently, the employer may designate the medical provider, (for example: through an Occupational Health provider as Iowa City does). Did not survive funnel. Fiscal Issues: Monitor for additional State mandates. This is ongoing. Scope of bargaining -prevailing wage. HF2420 includes provisions allowing reasonable reimbursement for employee organization services provided to certain "executive branch "employees (of the State). It does not apply to local governments as currently written. This is essentially a `fair share "concept with limited application. Did not survive funnel. Historic Tax Credits/Other Tax Credits. There is discussion of cutting all tax credits by ten percent (10%) Tort Immunity: [A Davenport initiative) City immunity from claims re: act or omission arising from alleged dangerous conditions in public property open for recreation or leisure activities w/o fee (if not act of malice). City immunity as above, if fee is paid, if (1) person was trespassing, (2) City complied with its police level of maintenance & inspection, or (3) alleged injury/damage is a warned or commonly known risk of the activity resulting in damage/injury. Water -Flood Plain: Use restrictions relating to 500 year flood plain. SF2316 would prohibit new construction or substantial modifications or improvements to "critical facilities " in the S00 year floodplain unless they are built to continue safe operation and function during a two-tenths percent flood event or could be safely shut down. Did not survive funnel. Legacy Issues: Rivers -long range plan for the State of Iowa Nothing specific to our concerns is pending. Water Quality Nothing specific to our concerns is pending. City Priorities: Tax Non-Owner Occupied Condos as Commercial: There is no bill under consideration that would accomplish this. Alcoholic Beverages: There is no pending legislation to 1) restrict price specials; 2) address cover charges; or 3) increase fees for beer & liquor licenses. Cigarette Permits: There is no legislation under consideration to increase these fees. Other legislation: SF2324 modifies the process for issuance of a state cable franchise and requirements for providing service in order to retain a franchise. This bill addresses circumstances relating to competition under which an existing cable franchise can be terminated by a cable company in favor of a state issued franchise. Survived funnel. Will be considered by the House in coming days. Supported by Iowa City and the Metro Coalition. HF2251 authorizes a property tax exemption for certain vacant commercial property, providing a sales tax refund for purchase of certain building materials, supplies and equipment. Survived funnel. City of Iowa City MEMORANDUM Date: March 10, 2010 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Proposed Ordinance Changing "Bar Entry" Age to 21: Interplay Between Council Action and Referendum As you have directed there will be an ordinance on your March 23 agenda changing the "bar entry" age to 21. As you know, final adoption of the ordinance will require three (3) readings. Under the City Charter a referendum seeking to' repeal the ordinance may be filed within sixty days after final adoption by the council and all signatures must be secured during the 60 days after final adoption. Signatures may not be obtained prior to final adoption. Given the likelihood of a referendum if Council adopts a 21 ordinance, I thought it best to inform Council and the public of the interplay between Council adoption and the deadlines in the Charter for referendum sooner rather than later. If Council adopts the ordinance by April 8, 2010 and a referendum petition with 2500 signatures is filed within 60 days thereafter (and is subsequently certified by the Clerk) Council is required by the Charter to either repeal the ordinance or place it on the ballot for the general election on November 2, 2010. Attached is an illustration of this scenario. If Council adopts a 21 ordinance after April 8 and a referendum petition with 2500 signatures is filed within 60 days thereafter (and is subsequently certified by the Clerk) the proposed repeal would not go on the ballot until the regular city election in November of 2011 unless Council chose to schedule a special election at any time more than 120 days after the filing of the petition. The filing of a referendum petition would not prevent the adopted ordinance from taking effect. Please call me if you have questions. Cc: Dale Helling, interim City Manager Marian Karr, City Clerk N O N A ~, 00 N ~ o '~ o~ D C7 A J N GO N O H+ O .~ N ~ ~~ ~ 0 N ~ O ~+ O C ''d ~? J N O ~+ O g .n ~~ ~• ~~ ~~~~ O d C~ ~'~ . ~0 ~~ to o '~`~ tv ,~ o y 0 0 N Vl O ~Q~ A~ ~D ~D /~• F++ C~ a O N M--+ p O n ~D pD G ~~ O pD 0 ~• p "dam 00 O ~+ O IP4 r t-,!,1~.p:,~~ C1TY CJF [OWA CITY ~~ ~ Date: March 10, 2010 To: City Council From: Jeff Davidson, Director of Plar~ni & Community Development ~~ l~ Eleanor Dilkes, City Attorney Sam Hargadine, Police Chief Re: Downtown Association letter addressing panhandling and other issues on City Plaza Attached is an October 23, 2009 letter sent to you from the Downtown Association Board of Directors. The DTA is requesting assistance with the ongoing issue of panhandlers on City Plaza. They are requesting several changes and additions to the existing Aggressive Solicitation Ordinance, and increased enforcement of this ordinance. They have also requested a change to the Smoke-Free Ordinance for City Plaza. A City staff committee with members from the Department of Planning and Community Development, the City Attorney's Office, the Parks and Recreation Department, and the Police Department has met to discuss the DTA's requests. Changes to the Aggressive Solicitation Ordinance Please remember that while the DTA's focus is on panhandling, the Solicitation Ordinance applies to all requests for an immediate donation of money (e.g. Dance Marathon, firefighters). Staff is meeting with the DTA on Friday, March 12 and will give Council any necessary updates prior to your March 22 discussion. The DTA proposes to prohibit solicitation in City Plaza and to increase the restrictions on soliciting within 10 feet of an entrance or exit from a building to 25 feet, and include a restriction prohibiting solicitation within 25 feet of a crosswalk. Together, these restrictions would essentially prohibit solicitation in the downtown area. The City Attorney continues to have reservations regarding the constitutionality of such a ban. The City of Lawrence, KS recently rejected a complete ban on downtown panhandling, reportedly due to concerns about such a ban's constitutionality. Kansas City, MO passed an ordinance in 2007 that prohibits all "active" panhandling (oral solicitation for an immediate donation of money) in certain areas such as Country Club Plaza. Staff has confirmed, however, that after negotiations between the ACLU and counsel for the Kansas City Police Department the police department directed its officers not to enforce the ordinance because of concerns about its constitutionality. In addition, most cities that have banned panhandling in a particular area still allow "passive" panhandling (e.g. sitting, standing, performing music or singing with a sign that indicates that a donation is being sought). Iowa City's current ordinance prohibits only aggressive panhandling and panhandling within restricted spaces, and therefore, makes no distinction between active and passive panhandling. It is not clear to staff if the DTA's proposal to expand the restrictions includes passive panhandling. If so, the City Attorney's concerns are magnified. A number of cities still have laws on the books that ban all panhandling but it appears that many are not enforced, likely due to their questionable constitutionality. Staff is aware of more recent complete bans in cities in Florida (e.g. Gainesville). However, such bans in Florida are not instructive. Florida is within the jurisdiction of the Eleventh Circuit Federal Court of Appeals, the only federal appeals court that has upheld a complete ban on panhandling in an entire geographical area. In looking at other cities, staff has found helpful a memo from the City of Lawrence, KS that summarizes and compares municipal panhandling ordinances. The memo is attached for your information. Language on signs and distance between panhandlers Page two of the DTA letter addresses several additional issues related to panhandling downtown, including the display of obscene, profane, or abusive language on signs, two or more panhandlers working in the same location, and distance requirements for crosswalks. It is the opinion of the City Attorney that the ordinance may be amended to address these issues but that the required distances must be consistent with the other distances in the ordinance. Licensing of panhandlers It is not clear from staff what the DTA hopes to accomplish by adding a requirement that solicitors be registered with the City. The City Attorney advises that such a regulation could be crafted. However, because such a regulation places a "prior restraint" on speech (i.e. governmental permission before engaging in speech activity), the ordinance must ensure that the license is issued within a reasonable time, that the licensing decisions are based on narrow, objective standards so as to limit the discretion of the decision maker and avoid the danger of censorship, and there must be an opportunity for prompt judicial review. Presumably, the reasons for such an ordinance would be to prevent bad behavior such as fraud, aggressive panhandling and recidivism. Given the lack of citations to date and the staff time involved in administering such a scheme, staff believes that additional discussion with the DTA would be helpful in order to determine if the benefits outweigh the costs. The cities of Bettendort, IA and Cincinnati, OH require panhandlers to obtain licenses from the City. In each city the licensing agent is a social worker who sees that persons requesting licenses are directed to the appropriate social service resources. Smoke-Free Ordinance The request that the Pedestrian Plaza be declared smoke free between the hours of 8 a.m. and 10 p.m. as suggested in the DTA's letter is possible to implement, but becomes a Police Department enforcement issue. The Police Chief concurs with the DTA's conclusion that existing Police Department staffing is not adequate to aggressively enforce both the Aggressive Solicitation and Smoke-Free Ordinances in the Pedestrian Plaza. In particular during late evening hours, enforcement of these ordinances is a much lower priority than enforcing more serious alcohol- related offenses. Greater police presence downtown and specifically in the Pedestrian Plaza becomes a budgeting and prioritization issue for the City Council. In addition, Council should consider the impact a smoke free Pedestrian Plaza would have on the areas outside the plaza and determine whether there are additional areas that should be smoke free. As you may remember from your earlier discussions, it is the City Attorney's opinion that it is within the Council's authority to prohibit smoking on city sidewalks. Meter donation programs Under the "additional requests" section of the DTA's letter, there are several suggestions related to parking meter donation programs. Parking meter donation programs attempt to get persons to not contribute to panhandlers and instead give their money to out-of-service parking meters that are placed throughout downtown. The funds collected are turned over to social service agencies who deal with homelessness. We have researched these programs and believe that it would be possible to implement such a program in Iowa City if that is the City Council's desire. There is documented evidence that panhandling is a significantly more lucrative proposition in college and university towns. Studies have shown that in most cities between 10 to 50% of the 2 population will give to panhandlers, and that in college and university towns this percentage is closer to 50 to 60%. These studies document that panhandlers can earn as much as $10-$15 per hour in college towns. Evidence shows that although many towns have panhandling laws, in many communities these laws are not enforced. There have been varying reactions to parking meter donation programs in cities throughout the United States. Denver's program is frequently held up as an example of a successful program. Denver's program is run by the Mile High United Way and is a visible part of Denver's ten year plan to end homelessness. Out of service parking meters are placed in various locations downtown and each meter has a specific sponsor. Approximately $100,000 is raised annually and provides a revenue stream to local social service organizations that deal with homelessness. The majority of the revenue is generated from the meter sponsorship program. Revenue donated to the meters raises approximately $15,000 per year. In Chattanooga, TN the "Festive Meters" parking meter donation program is combined with a public art program where local artists design and paint the meters. The City notes that the meters do not completely dissuade panhandlers from locating downtown. Both Denver and Chattanooga say there has been a noticeable reduction in the number of panhandlers downtown since the meter programs and associated campaigns to discourage people from giving to panhandlers were implemented. In Gainesville, FL, a university community similar to Iowa City, a proposed meter donation program was not implemented after there was disagreement about how expansive the program should be. In Portland, OR the "Real Change, Not Spare Change" meter donation program was not successful after the Portland Business Alliance did not feel that the City was willing to go far enough in conducting an anti-panhandling program. In Seattle, WA a proposed meter donation program failed entirely when the City Council was not willing to implement it due to political opposition on the part of community advocates for the homeless. Parking Meter Donation Program proposal for Iowa City If the City Council wishes to begin a parking meter donation program, we would suggest beginning with six to ten parking meters placed throughout the Pedestrian Plaza area. These meters would be clearly identified for persons to contribute to local social service programs that aid the homeless rather than directly to panhandlers. Council may wish to provide input on how aggressively the anti- panhandling message should be. We would attempt to obtain sponsorship for the meters, and would ask the City's Public Art Advisory Committee for input on combining the meter donation program with a public art component. We have discussed this proposal with the Executive Director of Shelter House, and she is supportive of a meter donation program that would raise awareness and supplement, but not replace, support to local homeless service providers. Police enforcement Police Department records indicate that they have investigated 31 incidents related to aggressive panhandling since the Aggressive Solicitation Ordinance was enacted in 2008. Of those 31 calls, none of the police reports indicate that the subject involved was charged. Police Department enforcement of the Aggressive Solicitation Ordinance generally involves responding to a specific complaint call, and is typically disposed of by a warning being issued. At any given time there are typically one or two officers on duty in the Central Business District, out of a total of six officers on duty city-wide. It is not uncommon for officers on duty downtown to be called out of the area on another matter. We believe the DTA's concerns will not be addressed adequately by simply modifying the existing ordinances to be more stringent. Enforcement remains the issue. Police Department staffing is not adequate to aggressively enforce the Aggressive Solicitation and Smoke-Free Ordinances on the Pedestrian Plaza. The existing ordinances are primarily enforced on a complaint basis, and they are not a priority compared to more serious alcohol-related offenses. This is a budgeting and prioritization issue for the City Council. Self Supporting Municipal Improvement District The DTA concludes in their letter that they are "ready, willing and able to assist in carrying out the requests submitted in this letter." As has been discussed on other occasions, a way for this to be accomplished is through a Self Supporting Municipal Improvement District (SSMID). The concept of a SSMID is that property taxpayers in a specific geographic area, in this case downtown, petition the City to establish a special taxing district. The funds collected through the SSMID are used for improvements within the SSMID. A common application of SSMID funding is to enhance the level of service provided by the City, whether that be maintenance, enhanced security, or beautification of an area. The key aspect of this strategy is that the petition requesting the SSMID must be generated by property tax payers within the proposed SSMID. This is not an initiative that the City can pursue without such petition. The annual funding required for a police officer is approximately $75,000. Chief Hargadine recalls from his former position in Columbia, MO that there was funding from local businesses for downtown police foot patrols. Cedar Rapids has had a downtown SSMID for many years. It is used to fund public art and streetscape improvements, and to augment the city's downtown maintenance efforts. Conclusion To summarize, at your March 22 work session let's plan on discussing the following specific decision points to address the issues raised in the letter from the Downtown Association: 1. Do you wish to amend the current Aggressive Solicitation Ordinance and if so, how? This includes consideration of an ordinance that prohibits all solicitation in a particular area and obscene, profane or abusive language on signs. 2. Do you wish to adopt an ordinance that requires solicitors to obtain a Solicitor's License from the City? 3. Do you wish to declare the entire Pedestrian Plaza Smoke-Free from 8 a.m. to 10 p.m.? 4. Are there areas downtown that are outside the Pedestrian Plaza that you wish to declare smoke free? 5. Do you wish to implement a parking meter donation program? We would not intend to debate the specific provisions of such a program at your March 22 work session. If there is a majority of Council in favor, we will bring a specific program back to you for consideration. 6. Do you wish to install additional signage in the Pedestrian Plaza regarding smoking, littering and panhandling? 7. Do you wish to increase lighting in the downtown area? Bring your thoughts to the March 22 work session. Attachments cc: Dale Helling Mike Lord Mike Moran Wendy Ford Linda Severson p p d d i r/ m e m/DTA-I ette r. d oc 4 Memorandum Memorandum City of Lawrence Legal Services TO: Toni Ramirez Wheeler, Director of Legal Services FROM: Scott J. Miller, Staff Attorney Date: November 19, 2009 RE: Comparison of Municipal Panhandling Ordinances Introduction Aggressive Pan.ha_ndling Licensure of Panhandling. Regulation of Panhandling in Set Geographic Areas Total Bans and__Loite_rng_Enforcement Public._Education Campaigns Selected Cities.. Municipal Code Reference Intro uction Page 1 of . F~ ~ ~~ As part of the ongoing review of our panhandling ordinances and downtown issues, I was asked to provide comparative information regarding other cities' approaches to regulating panhandling. I have reviewed the municipal codes of several cities in an attempt to provide the requested information. This process is somewhat difficult, as selecting the cities to sample and compare is always imprecise and subject to debate. The main problem with this sort of comparison is the sheer number of municipalities in the nation. For example, according to the 2000 census estimates there are almost 400 United States cities with populations greater than 100,000 people. Any of those cities, or smaller cities like Lawrence, is free to take an individualized approach to panhandling regulation. Nonetheless, after reviewing secondary sources, the laws of u a number of cities that were selected because they bear some similarity to Lawrence and many other cities that were otherwise examined in the course of my research some trends appear to emerge. I will discuss some of the general approaches that have been adopted and then provide specific information about the group of cities specifically chosen for comparison. Please note that cities do not all refer to the actions in question in the same way. Panhandling laws may also be referred to as begging or soliciting laws in some jurisdictions. For the purposes of this document, all the terms are synonymous. Aggressive Panhandling Predominantly, cities that choose to regulate panhandling adopt aggressive panhandling ordinances. Man' cities enact no other laws that supplement their aggressive panhandling bans, but others do adopt addition panhandling related laws. For the purposes of this memorandum, the term aggressive panhandling refers t~ laws similar to the one that Lawrence currently has in place. These laws prohibit certain offensive any intimidating actions that a panhandler might try to use to increase the effectiveness of his or her plea such a following the person solicited down the street, becoming abusive if a request is refused or touching the persoi solicited. These laws also usually impose distance restrictions on panhandling in some areas where the act i http://www.lawrenceks.org/web_based_agendas/2009/12-15-09/12-IS-091~/ls memo~anhandling... 12/29/200' Memorandum Page 2 of . especially intrusive or intimidating such as near ATMs, public transportation facilities and sidewalk dining areas. In addition to those cities discussed in the analysis of the group of selected cities below, the following cities are examples of ones that have aggressive panhandling laws: Dallas, Texas; Raleigh, North Carolina; Indianapolis Indiana; Dayton, Ohio; Pittsburgh, Pennsylvania; Cleveland; Ohio; Atlanta, .Georgia; Fort Lauderdale, Florida Memphis, Tennessee; and Boston, Massachusetts. Of course, this list is not exhaustive. Virtually all of the cities surveyed exclude the act of passively sitting with a sign asking for donations in some manner from their regulations but a few do recognize that aggressive acts with written signs could constitub aggressive panhandling and Austin, Texas applies distance and time limitations to all panhandlers. Licensure of Panhandling [?] None of the selected cities discussed below engage in the full scale licensure of panhandlers. Several other cities have attempted panhandling licensure, but no general consensus on licensing seems to have emerged as it appears to have with aggressive panhandling regulation. Memphis, Tennessee, for example, requires a license for panhandling in certain geographic areas, but does not require a license for passive panhandling. Dayton, Ohio and Greensboro, North Carolina require a free license for panhandling but also do not license. passive panhandling. Bettendorf, Iowa licenses all panhandlers and the licensing agent is a city social worker who ensures that all licensees are di ected to appropriate social service resources. This allows anyone who encounters a panhandler with a license to know that the panhandler has been offered social services. Kansas City, Missouri has limited licensing for solicitations on public streets. Raleigh, North Carolina has an ordinance prohibiting panhandlers from begging without governmental permission. Because the ordinance does not address many necessary aspects under the United States Supreme Court's prior restraint analysis, the ordinance may not survive legal challenge. Other jurisdictions have already had their ordinances struck down by courts or repealed by subsequent governing bodies for a failure to meet applicable legal standards. Cincinnati, Ohio's licensing ordinance was invalidated in State v. Dean,. 170 Ohio App. 3d 292 (2007) for failure to provide for the prompt judicial review necessary to justify a prior restraint. In Marion County, Florida a panhandling licensing provision was repealed by the county commission after a United States District Court judge issued a preliminary injunction against enforcement of the ordinance, finding that there was a substantial likelihood that the plaintiff panhandler would prevail on his First Amendment claims. Marion County eventually settled with the plaintiff for $10,000 but also had to contend with a claim for plaintiff': attorney fees in excess of $150,000. At least one other city has rejected licensing after discussion. Minneapolis, Minnesota elected not to adopt a licensing ordinance after the proposal was advanced by its police chief. Regulation of Panhandling in Set Geographic Areas Some cities have elected to prohibit active panhandling in specific geographical areas, usually areas of tourism and commerce. Atlanta, Georgia prohibits active panhandling in its'~tourist triangle" but does not prohibit passive panhandling in the same area. Fort Lauderdale prohibits panhandling in its beach area through enforcement of a park regulation. The park regulation allows someone to be expelled for a period of time for panhandling and if they return they may be prosecuted through trespass laws. Kansas City, Missouri passed an ordinance that prohibits active panhandling in certain areas like the Country Club Plaza and Westport and the Central Business District. Passive panhandling is allowed in those areas away from entrances to a building. Boulder, Colorado has illegalized begging in some areas, such as its downtown area and its pedestrian mall, within a certain distance of the walls of any building. It, too, does not apply its prohibitions to passive panhandling. Although others may certainly exist, I was unable to locate any jurisdiction that has banned both active and passive panhandling in a set geographical area, except for Austin's 7 P.M. to 7 A.M ban on panhandling in its http://www.lawrenceks.org/web_based agendas/2009/12-15-09/12-15-09h/Is_memo~anhandling... 12/29/200' Memorandum downtown area. Total Bans and Loitering Enforcement Page 3 of . Some cities, like Duluth, Minnesota, completely ban begging. Wichita illegalizes loitering and explicitly includes begging as a form of loitering. As previously mentioned, Raleigh, Nolh Carolina requires that beggars have written permission to beg from the chief of police but does not specify what standards apply to the police chief' decision. There is little doubt that other cities have other, similar laws. The commonality shared by most of these laws is that they are usually fairly old. Subsequent court cases have called into question these practices. As previously mentioned, requiring someone to get permission before they speak and leaving that permission to the unbridled exercise of an official's discretion has been found to violate the First Amendment. Likewise, total bans on panhandling, an activity protected by the First Amendment, will not likely survive judicial challenge. That is why most cities with such bans do not enforce them. It has been reported that in 1991 fourteen major cities still had absolute bans on begging but twelve of them had already ceased enforcement. The legal problems with loitering laws are amply demonstrated by Pa~achristou v. Jacksonville, 405 U.S. 156 (1972). In short, none of these approaches are considered to be realistic approaches to the problems presented by panhandling and are not the approaches currently favored by the cities addressing these issues or by the courts. Public Education Campaigns While not an enforcement-related, regulatory approach, one other type of effort should be mentioned. A substantial percentage of the cities that I surveyed are engaging in or have engaged in public education campaigns to encourage people to direct their charitable impulses to organizations that serve the homeless community rather than to panhandlers. This approach addresses the supply side of the equation by pointing out that many panhandlers are not homeless and that many homeless panhandlers use the money they receive to feed addictions rather than for more worthwhile needs. Information is provided about the many public service organizations that provide food and shelter and other resources to the homeless community. Some cities have attributed beneficial results to these efforts like the reduction of panhandling-related police reports, which probably also increases citizen satisfaction. Many cities deploy these programs in conjunction with their legislative efforts. If you desire further research on this subject, please let me know. Selected Cities I will more thoroughly describe the approaches to panhandling taken by the cities I selected for comparison. Those cities are: Boulder and Fort Collins, Colorado; Lincoln, Nebraska; Ames, Iowa; Chapel Hill, North Carolina; Berkeley, California; Austin, Texas; Kansas City, Missouri; and Manhattan, Topeka and Wichita, Kansas. For the reasoning behind these selections, see Footnote 1. Boulder has an aggressive begging ordinance. It further illegalizes active begging in certain places, such as it< pedestrian mall and downtown area, within specified distances to the walls of any building. The distances vary based upon the area of the city, but are generally between 10 and 15 feet. Passive panhandling is not affected by the ordinance. Fort Collins has one of the more unique approaches of any of the cities surveyed. It has an ordinance prohibiting knowing solicitation of "at risk" individuals and disabled individuals. At risk individuals are those why are under 18 years of age or more than 60 years old. Fort Collins has also passed an aggressive panhandling ordinance, including panhandling within a certain distance of certain facilities, like automatic teller machines am http://www.lawrenceks.org/web_based_agendas/2009/12-15-09/12-15-09h/ls memo~anhandling... 12/29/200' Memorandum Page 4 of . bus stops. Panhandling is also illegal at night, Approaching a person with a sign is considered to be active panhandling and is regulated, while sitting passively with a sign requesting a donation is not. Ames apparently only incidentally regulates panhandling in their ordinance aimed at door to door solicitors. It requires licensure for residence to residence soliciting if the solicitor does not have a permanent presence in thf city. Soliciting is defined broadly enough to potentially include someone panhandling for his or her own economic benefit. Lincoln outlaws aggressive panhandling, including panhandling near sidewalk dining, ATMs, and bus stops, among other areas. Panhandling is illegal at night. The ordinance does not regulate passive panhandling. Lincoln has also engaged in a public relations campaign to promote alternatives to giving to panhandlers. Chapel Hill has passed an aggressive panhandling ordinance that primarily applies to vocal appeals or written appeals if the person performing the written appeal approaches the person being solicited and tries to hand the person a written request for an immediate contribution. Chapel Hill also prohibits all panhandling, active or passive, in roadways or on the shoulder of roadways. The city has established a nighttime ban on panhandling and has included distance limitations from financial institutions and public transit facilities. A public relations campaign to discourage giving to panhandlers has also taken place. Berkeley enacted an aggressive panhandling ordinance. Originally, it included several distance restrictions but currently only panhandling near ATMs is restricted. The other restrictions that previously existed in the ordinance were removed in response to a lawsuit by the ACLU. Austin has an aggressive solicitation ordinance. It includes distance limitations from several types of places such as financial institutions, sidewalk dining, crosswalks, public transportation facilities and schools. Panhandling is banned in downtown Austin between 7 P.M. and 7 A.M. Austin's ordinance is fairly atypical in that its distance and time regulations apply to spoken or written requests, and passive panhandling does not appear to be treated differently than active solicitation is. Door to door solicitation is unlawful between 9 P.M. and 9 A.M. Some groups in Austin are currently making a public relations effort to address panhandling. See www._downt4wnaustin.com business/resources cleansa~ for more information. Kansas City, Missouri passed a comprehensive panhandling ordinance in March, 2007. It appears based upon media accounts that due to legal concerns parts of the ordinance are not enforced. The ordinance flatly prohibits active panhandling in areas of the city that are centers of tourism and commerce like the Country Clut Plaza, Zona Rosa, and Westport. Passive panhandling is legal in these areas unless it Is within 20 feet of building entrances and outdoor dining. It prohibits aggressive panhandling and imposes distance limitations on panhandling near many places, including within five feet of the edge of a street, on streets without a permit, near public transportation and by drive-up teller windows. Permits for panhandling on roadways are limited to no more than two occasions per calendar year and no more than six days per occasion. The permit requirements include mandatory signage, and require that a uniformed public safety officer be at each solicitation site. Kansas City's Downtown Council has also engaged in public relations efforts to discourage panhandling. Topeka appears not to have passed any panhandling-related ordinances. Wichita's city code contains longstanding prohibition against loitering, and all begging is declared to be loitering per se under the ordinance. A public relations campaign concerning panhandling has also been conducted by the Downtown Wichita Development Corporation. See httpJ/www.downtownwichita orq/do business-stop~anhandling.php . Manhattan does not appear to have taken any special steps to regulate panhandling. Below, please find a table with references to the municipal code sections of the selected cities that regulate http://www.lawrenceks.org/web based agendas/2009/12-15-09/12-15-09h/ls_memo~anhandling... 12/29/200' Memorandum Page 5 of . panhandling. In addition, a report by the National Law Center on Homelessness and Poverty and the National Coalition for the Homeless entitled Homes not Handcuffs: The Crimina/ization of Home%ssness in U.S. Cities [3J (July, 2009) contains a chart at page 165 that, in part, categorizes begging regulations in many more United States cities. If more in-depth analysis is required on any of these subjects, please let me know. Municipal Code Reference Jurisdiction Munici al ode ections Boulder Colorado 5-3-7. 5-3-12 Fort Collins, Colorado 17-127 Ames Iowa 17.26 3 Lincoln Nebraska 9.20.080 Cha el Hill North Carolina 11-170 Berkele California 13.37.020 Austin, Texas 9-4-13; 9-4-22 Kansas Ci Missouri 50-8.5 To eka Kansas N A Wichita Kansas 5.48 Manhattan Kansas N/A Li:J The cities specifically selected for comparison were either chosen because of their geographic proximity to Lawrence or because they are cities with major universities. The university towns were selected because studies have indicated that while 10-60% of the general population gives money to panhandlers, SO-60% of the college student population does so. See the Center for Problem Oriente Policing Panhandling Guide, Center for Problem Oriented Policing I Problem Gui es ~ Panhandling at http://www.popcenter.org/problems/panhandling/ for more information. Perhaps for this reason college towns seem to be at the forefront of many panhandling debates. ~~a Ames, Iowa, as part of their soliciting ordinance, requires solicitors without a permanent presence in their city to obtain a permit if they solicit door to door. The definition of solicitor might be interpreted to include panhandlers if they panhandled door to door. Kansas City, Missouri has limited licensing for solicitation on streets. j3l The report may be retrieved at ht>p;//www _nationalhomeless,o ublieationslcrimre~grt/CrimzReport 2009_pdf . http://www.lawrenceks.org/web_based_agendas/2009/ 12-15-09/12-15-09h/]s_memo_panhandling... 12/29/200' October 23, 2009 +ia+" , ~~~ ~ "o~ien g n e omorraw C)owntown Association of lowo Cily Dear Mayor and City Council members, The Downtown Association (DTA) Board of Directors unanimously voted to send you this letter. The DTA is a nonprofit association of business and community people who pool their resources to promote downtown. The organization provides leadership and. undertakes programs to create, promote, and sustain downtown Iowa City as a unique and economically viable business, entertainment, social and cultural center. The members of the DTA work hard to promote downtown and the DTA is very grateful for the help provided by the City Council and City government in making the downtown one of Iowa City's greatest attraetors. The DTA needs your help with the ongoing issue of solicitors that greatly affects the perception of our downtown. With your help, it is an issue that we believe can be dealt with fairly and effectively. In a nutshell we are requesting specific changes and additions to the existing ordinances and we need enforcement of those ordinances. With those tools in hand, we believe we can go a long way in dealing with the solicitation issue that negatively affects downtown Iowa City. This issue has also plagued many other cities and we can. take some guidance from their efforts to curb the negative affects on their communi ies. $EOUESTED G'HANGES TO THE AGGRESSIVE SOLICITATION ORDINANCE Specifically, the DTA requests the following changes to the "aggressive solicitation ordinance" of the Iowa City Code (TITLE 8 Chapter 5 Part 2): In the downtown it is illegal to: • solicit within twenty feet (25') of the anchored or temporary fencing to a sidewalk cafe. (current ordinance is 10') • solicit within twenty feet (25') of an entrance to or exit from any building (current ordinance is 10') • solici within twenty feet (25') of the concrete border to the playground equipment located south of the public library in City Plaza. (current ordinance is 10') • solicit. within twenty feet (25') of an automated teller machine. (current ordinance is 20') • solicit within twenty feet (25') of the area where a crosswalk meets the City sidewalk (current ordinance has no such provision. and these are particularly intimidating areas to pedestrians) ~~~~~~cTl~ ADDITIf1NST0 THE AGGRES$IV,~SOLICITATION ORDINANCE: Specifically, the DTA requests additions to the "aggressive solicitation ordinance" of the Iowa City Code (TITLE 8 Chapter 5 Part 2) as follows: • Add that `"obscene, profane or abusive language" is prohibited on signs (the ordinance currently prohibits "obscene, profane or abusive language or gestures toward the person solicited" but is silent about such language regarding signs.) • Add a provision that two or mare solicitors may not work in concert in the same location and there be a minimum of fifty feet (50') between solicitors. • add a "No Solicitation" zone to include the entire City Plaza with clear signage (such zones in other cities have been upheld by the courts) • add a requirement that solicitors be registered (requiring "solicitor" licenses in other cities has been upheld by the courts) RE VESTED ADDITION TU THE SMOKE FREE QRDINANCE~ The DTA requests that the City add to the itemized list of "smoke free" places (Iowa City Code T[TLE 6 Chapter 10 Part 1) the following: • the entire "City Plaza" from the hours of Sam to lOpm. The DTA respectfully requests that the Council institute the following: L To reduce the success of solicitors, install boxes with appropriate signage to collect money from the public for people in need (in Denver, Colorado the City installed 86 old parking meters in the downtown area for this purpose with. signage that "$1.50 provides a meal for a homeless person". As a result soliciting is down by a striking 90 percent in Denver). 2. A campaign to educate the public on solicitors. (The Nashville Downtown Partnership, for instance, has launched a publicity campaign, "Please Help, Don't Give," which explains through posters that money given to solicitors often supports drug and alcohol addictions. The partnership asks people to donate instead to organizations that provide local services). 3. E~~'orcement of penalties for smoking in "Smoke Free" areas and for littering. The DTA is confident that enforcement of the fines far smoking and littering will quickly and greatly reduce the number of violations. The current fines are significant enough to act as a strong deterrent but are meaningless if not enforced. The DTA believes there is little or no enforcement of the smoking and littering ordinances. The Iowa City Cade provides for smoking fines of $1.00 1s~ offense; $200 2na offense; and $500 3~~ and subsequent offenses. The Iowa City Code provides for a fine of $300 for littering on the City Plaza. 4. Installation of adequate signage, especially in the City Plaza, regarding smoking, littering and solicitation. The current signage is inadequate. 5. Improved lighting in the downtown area. 6. Greater police presence in the Pedestrian Flaza, bus stops and curb-stop areas. The DTA stands ready wi~lrng ^~.~ a::de t^ a°~'~r in carrvina o t t~.he reauests ~ hmittPd ;n this letter, Thank you for your continued. support of downtown, ane of Iowa City`s greatest assets. Respectfully submitted, Leah Cvhen, President, DTA Leah Cahen President DTA 325 E. Washington St. * Ste. 100 * Iowa City IA * 52240 * dtaiowaci~y~gmail.com March 5, 2~1• Mick Burkart, Chief Transportation Officer Iowa Interstate Railroad Ltd. 5900 Sixth Street SW Cedar Rapids, IA 52404 Re: Iowa City Crossings Dear Mr. Burkart: ~ r 1 IP5 -~- ®~,~ ~'~~'' ~ ~ ~~,~~ CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org On February 19, 2010, one of our residents reported a blockage at the Greenwood crossing in Iowa City. It was notable both for the time the crossing was blocked, and because of what she saw pedestrians there doing in response. She stated as follows: I work at University of Iowa Hospitals & Clinics and drive to work every morning via Greenwood Dr. Occasionally I have to stop for a train at the railroad crossing and have been concerned that when the train stops, people (especially students) climb over the stopped railroad cars to get to the other side. This morning the train blocked the intersection for 33 minutes (I timed it), and I saw at least 20 people climb over the cars, some only seconds before it started up again. I have even seen people carry, a bicycle over the car. This is a very dangerous situation and makes me cringe to see it happen. I too have personally observed pedestrians climbing over and between railroad cars to break through the blockage. Although it is inconvenient, cars can drive around the blockage with minimal effort and delay. However, pedestrians are not as fortunate, and are left with the choice of waiting an unknown period of time at the crossing, or making the dangerous choice of climbing through the train. I believe our previous letters regarding this topic were met with an improvement in avoiding these blockages. If you could reinforce this message with your crews, and eliminate blockages over the 10 minute limit, we would be grateful. Thank you for your consideration. Sincerely, ~- Eric R. Goers Assistant City Attorney cc: Iowa City Council Dale Helling, Interim City Manager John Yapp, JCCOG Executive Director Sam Hargadine, Iowa City Chief of Police Eleanor Dilkes, City Attorney Julie Risinger 20 Arbor Hill Circle #39 Iowa City, IA March 8, 2010 Ms. Linda Schreiber 2725 Highway 109 NW Oxford, IA 52322 Dear Linda: 03-11-10 IP6 ~~®~ ~ ~III~~~ -•t.a.._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org This will acknowledge, with continuing gratitude, your generous donation of 1500 hosts plants to the City of Iowa City last year, and further, your efforts in again organizing the group of volunteers who planted the hostas in planters in the downtown area during the summer and fall of 2009. This will also acknowledge that you have received no goods or services from the City in exchange for your contribution. Protecting and maintaining plantings and other public amenities in the downtown area remains a challenge for City staff in light of the misuse and vandalism that occurs. We thus rely on assistance from downtown businesses and property owners in helping to keep the Central Business District clean and attractive. Given that you own neither a business nor property downtown, your contribution is indeed extraordinary and a reflection of your long history of personal dedication and service to the Iowa City area community. We at the City look forward to working with you and continuing this project over the coming summer season. Thank you again for continuing this project and for your remarkable service to our community. Sin , Dale E. Helling Interim City Manager cc: City Council Wendy Ford, Economic Development Coordinator Terry Robinson, Parks & Forestry Superintendent mgrlassUltrs/schreiber04-15-09.doc Downtown Area Plant Project 2009 Fall Report -Final Volunteers for the Downtown Area Plant Project have cleaned and hung their gardening tools for the last time this year. In preparation for winter, volunteers scurried to complete plantings, trim hosta plants and pick up leaf debris and litter in the planter beds along Washington Street. Beds in the Pedestrian Mall were trimmed and cleaned in late September. A total of 1,500 hosta plants along with a smattering of sedum, iris and day lilies were installed in the Pedestrian Mall and along Washington Street in 2009. All hosta and blooming plants were donated to the City by the Schreiber family. The 2009 growing season started Earth Day with a small contingency of volunteers representing private citizens and employees of Quality Care, The Nature Company, and the Downtown Association of Iowa City for donated time and energies to clean plant beds in the Pedestrian Mall. From spring into fall 2009, Linda and friend Connie Cuttell installed 900 hosta plants. And, to cap the 2009 project off, 600 more hosta were put in place during two night digs in September (Sept. 10 and Sept. 29). (These plants were established in three planter boxes along Washington Street and in several planter boxes in the Pedestrian Mall on both College and Dubuque streets.) This Herculean effort was accomplished with assistance from Carol Sweeting, Iowa City Public Works Public Information / Education /Volunteer Coordinator, and help from nearly a dozen Hope House volunteers, under the supervision of Mike Quinlan, Community Work Crew Leader for Community Corrections, The goal of the Downtown Area Plant Project has not changed since the project launched in 2008 when Linda and Steve Schreiber donated and planted 400 hosta in beds in the Pedestrian Mall and along Washington Street: beautify and enhance the downtown area by creating and maintaining a natural, growing green environment -one that serves as a relaxing refuge from the hustle and bustle of daily life. In addition to planting this year, volunteers helped city crews water plants throughout the summer when rainfall wasn't sufficient to maintain the plants in the downtown area. Now, volunteers are cultivating cooperative financial support for the project. Sponsorship includes contributing and supporting champions in addition to the founding partners. This fall, area banks operating in the Central Business District and the Downtown Association of Iowa City were invited to contribute funds to provide annual plants in the 2010 growing season. To date more than $1,200 has been pledged to the project to add and grow the number of blooming annual plants in the downtown area. Volunteers created a powerpoint to introduce DTAPP to area service clubs, businesses individuals to foster additional support and financial backing for the Downtown Area Plant Project to supplement public resources to expand nature's beauty in the downtown area. We are very grateful for City of Iowa City's Dale Helling, Wendy Ford and Sherri Thomas' permission to plant, ongoing encouragement and cooperation. We also appreciate the Downtown Association of Iowa City's nurtured support along with endorsements from other businesses and organizations that contribute and benefit from the Downtown Area Plant Project. Sponsors to date include: Founding Partners City of Iowa City Downtown Association of Iowa City Iowa City Area Chamber of Commerce Contributing aponsors Community Foundation of Johnson County Hope House Community Corrections MidwestOne Quality Care, The Nature Company US Bank* Wells Fargo Sttp~or-tirrg SPorrsars Iowa City Press-Citizen Mondonaro's Fresh Food Concepts Project GREEN University of Iowa Downtown Area Plant Project - 2009 Final Report By Linda Schreiber & Connie Cuttell October 2009 *updated February 2010 ~:,,®~ C[TY OF [01NA C[TY IP7 ~ ~~~~~~~ ~E~Q DATE: March 11, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Absence I will be out of the office next Thursday and Friday, March 18-19, and back in the office on Monday, the 22"d. Staff will have my contact information. cc: Eleanor Dilkes Dale Helling U/absence.doc r ~~~®~~ CITY OF IOWA CITY IP8 ~'~~~~ A N D ~ M ~E~QR Date: March 10, 2010 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Absence I will be out of the office from March 15 through March 19, 2010 and back in the office on Monday, March 22nd. My staff will know how to reach me. cc: Dale Helling Marian Karr e leanor/mem/absence. doc ~~.®ai ~nl~'~,~ . ,~~,~~ IP9 CITY OF IOWA CITY MEMORANDUM DATE: March 10, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk~~ RE: Taxicab Editorial On Tuesday, March 9, the Cedar Rapids Gazette published an editorial regarding regulations for taxicabs in Iowa City. Their conclusion suggested requiring meters and posted fares. City Code currently requires posted rate cards, and annual inspections check to ensure they are posted. I have sent the following response to the Gazette. I wanted to clarify some misinformation that appeared in your editorial this morning. Although taximeters are not required in taxicabs currently in Iowa City, rate cards are. City Code Section 5-2-7 states "Each taxicab shall have prominently displayed a fare rate, hours of operation and complaint procedure card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the fare rate, hours of operation and complaint procedure card shall be filed with the city clerk." All taxicabs are required to have an annual inspection by March 1 of each year. We just completed that process and all taxicabs were checked to ensure compliance in accordance with our Code. At the time of inspections all vehicles approved did have the rate card posted. Your suggestion that Iowa City should require posted fares (rate cards) is already contained in the Code. Please contact me with questions. Further Council discussion on taxicab regulations is schedueld for this summer. IP10 r~_ ~:~~: In the District Court for Johnson County r, .--~ . , ;.. -;, -` . ` C ~1 „~ c.~ ; Plaintiff's Reply Brief `-, %; ~~ ..~ < f ;, ,~ ,; , Resisting Defendants Cross Motion - : ~~ ,~~~, ~ ~ s ~ ~#. % for Sua~nnary Judgment Robert James Hegeman, Plaintiff ) EQCV070796 vs. } Plaintiff's The City of Iowa City-and the ) Resistance to City Council of Iowa City, ) Defendants' r..a Defendants ) Cross-Motion ° o ~~ Q~ignt For Summary` .,, Y e-i .~7 ~ n Z x~ ~ ~ +e 3 n • ` ~ ~ ~ Plaintiff resists Defendants' Cross-Motion forcSun~y ~:.:: .. Judgment on the three issues presented therein. In-`contest to Defendants' cross-motion, Plaintiff's motion for summary judgment on Count one is based on a series of Iowa Supreme Court cases stating that the time for determining the sufficiency of a protest petition is the time at which it was filed, which in this case was March 10, 2009. The Defendants have admitted that Plaintiff's Petition was filed March 10 and at that time comprised more than 20% of the land within 200 feet of the proposal as it stood at that time. Therefore, Plaintiff's motion for summary judgment does not depend on a series of facts that occurred after March 10. However Defendants argue that the time for determining the sufficiency of the petition was the close of the hearing, which occurred four weeks later on April 6. There is no dispute of the events leading up to March 10, but there is considerable question about the facts and their implications beginning March 24 and continuing through May ~.~: ~ c ~ 1 5, the date the City formally determined the sufficiency of the petition. C=oss-Motion A Defendants cross motion A argues that "City Council properly considered the timely-submitted protest petitions in determining that the threshold for super-majority vote had not been reached." The "Council's reasonable interpretation of this language (of 414.5) is that it applies to the zoning change or repeal proposed at the close of the hearing." Defendants cite absolutely no legal precedent for this position. Plaintiff cited three Iowa Supreme Court decisions stating that the time for determining the sufficiency of a petition is the time at which it was filed and not the close of the hearing: ,~ Seibert v. Lovell, 61 N.W. 197, at 199 (Iowa, 1894) , ~Warc~v. -- -- -~ ~ ~. ~ Unincorporated Town of Clover Hills, 38 N.W.2d 109,~t^1~ . ~ ~ ~~ (Iowa, 1949) ; and Cook v. McNeal, 602 NW2d 353, at ~; ~ ~ ~~ (Iowa, 1999) . ~`~ ~: ~..,..~ _ ~ ~Piat~-~'on If the Defendants truly believed that the deter. ~ N of the sufficiency of the protest petition was to made at the close of the hearing, then that determination should have been made on or about April 6, when the hearing was closed. P. 245 Writ. But Defendants did not determine the sufficiency of Plaintiff's petition on or about April 6. They did not determine the sufficiency before the first vote or before the second vote on the ordinance two weeks later. Defendants formally determined the sufficiency on May 5, nearly one month later. P 353 Writ. Defendants' contention that they believed that the determination of sufficiency was to be made at the close of the hearing does not square with what they actually did. If the Defendants truly believe that the determination 2 of the sufficiency of the protest petition was to made at the close of the hearing, Defendants' behavior on another matter during the same May 5 council meeting needs to be explained. Mayor Bailey and City Attorney Dilkes made the following statements about a similar protest petition concerning a different rezoning ordinance being considered that night. This exchange occurs before the public hearing: Bailey: Any question for Christina at this Point? Okay. All right, um, Eleanor, did you have any comments for us before vre proceed into the public hearing? Dilkes: Uh, the Mayor asked me to clarify at this point, um, it's my understanding that we have more than. 200 of the property owners within, or the property within the district, um, have protested the rezoning, and therefore, you...it will not pass unless 6 out of 7 of you vote in the affirmative. Bailey: Okay, and at this time, before we hear public comments .1 Attachment 1 Dilkes' statement clearly illustrates that the Defendants determined that the sufficiency of the protest petition in that case before the opening of the hearing, not at the close of the hearing as Defendants now argue. Because the filing of a protest petition restricts the jurisdiction of the city council to control land use within its borders, one would expect that the handling of protest petitions would be a formal matter, with written policies and procedures for receiving, authenticating and determining the sufficiency of a petition. Judge Robinson's Writ of Certiorari included an attachment specifically requ~tinc} that the city return a copy of its written policies :.mod =o -~--^° ~ _ ~ ~ ~~._ .~ ~} ~ ~~ ~ c_:~ ;~~~ t~. ~? 1 Transcription of the Iowa City Council regular formal meeting of Ma~}'y5, 2QQ~. See also City Council Agenda, Regular Formal, May 5, 2009 - 7PM, page 3, Item-'5. 3 procedures for handling protest petitions. Item 3, Attachment to The Writ. The Defendants either have no policies and procedures or they chose not to produce them.2 The record before this Court therefore contains no evidence that the that Defendants had any formal policies and procedures for handling protest petitions. Not only do the Defendants not have formal policies and procedures for handling petitions, but the Defendants' actual handling of petitions varies from petition to petition as we have seen above. Their handling of petitions varied even within this case. Note that the petition filed May 4 was file stamped, but the one at issue in this case was not. Compare pages 361-378 with 142-157 of the Return to the Writ. In conclusion, the Defendants lacked policies and procedures for determining the sufficiency of a protest petition. They handle protest petitions differently, file stamping some and not file stamping others. And they determine the sufficiency of petitions before the public hearing, at the end of the public hearing and weeks after the public hearing ended. The Defendants handling of protest petitions has been arbitrary. It is not necessary to show why the City behaved arbitrarily in handling Plaintiff's protest petition, simply that it did. That coupled with the complete lack of any cases supporting the Defendants' petition is sufficient to deny their cross motion for summary judgment on Count 1. However, this proceeding is in equity. The record consists not just of Return to the Writ of the Defendants' choosing, but any documents in the city files relevant tcT' ~ ~ 1 ~~ ~ -.~:. '"'°` j r~ ~ ~ /'~ F ~ ~ .~' a See Paragraph Attachment to the Writ of Certiorari Judge RobinsonM ~c~° ~ ~ ~~ 4 ~~' ~,. ~` N the handling of Plaintiff's protest petition. The following information was specifically requested in an attachment to Judge Robinson's Writ of Certiorari, but the city chose not to include these documents in their Return to the Writ. Plaintiff attaches four documents that are clearly relevant but not included in Defendants Return. These documents shed light on why the determination of sufficiency was never made until weeks after the hearing closed, why the timing of determination was different between the two cases dealt with at the Council meeting on May 5 and why the original protest petition was never file stamped. The following exchange occurred five weeks after Plaintiff's protest petition had been filed and ten days after the first vote. On April 16, Christina Kueker, city planner, responded to a question about the protest petition from Larry Jewell, a fellow petitioner: Larry, Was a protest petition filed with the City Clerk? We have no record of a protest petition being submitted for the current rezoning. Attachment 2 Bob Miklo, City Planner, to Larry Jewell, April 20: Larry, Christina is out of the office this afternoon. She forwarded your email to me regarding the petition. I could not find a copy of a petition in our files. Do you have a copy that you could email to me or give to Jeff Davidson at the meeting tonight? Bob Attachment 3 Eleanor Dilkes, City Attorney, to Larry Jewell, April 21: Mr. Jewell, The City Clerk has reviewed N the record of the March 10 meeting and located the rezoni ~~ protests that you submitted on March 10. Thom ~ } ~ protests are currently being reviewed by the 4-,-~ i ~- planning staff to determine whether they are ~:"~ ~ ~ ~~ sufficient to trigger a requirement that the ~ ~ ~° ~` rezoning pass by a super-majority of the counc~ . .Please accept my apologies for the co nfusion wi t the protests Attachment 4 - 5 Marian Karr, City Clerk, to Larry Jewell, April 21: Mr. Jewell, I wanted to personally apologize for the confusion over the rezoning protests filed at the City Council Meeting on March 10. I can assure you that the procedure in my office for accepting correspondence at Council meetings will be handled differently in the future. Attachment 5 Larry Jewell delivered the original protest petition to Eleanor Dilkes, city attorney, when he presented it at the public hearing on March 10. From March 10 to April 21, the Defendants were completely unaware that a protest petition had been filed. This explains the delayed determination of sufficiency as well as the reason the petition was never file stamped. Had the Defendants not lost the protest petition, it would have been sent to the City Planners shortly after March 10, when it would have been found sufficient because it could only have been measured against the original 80 acre tract (the 60 acre tract was not yet conceived). Defendants may not rely on their own negligence to determine when and whether rights conferred by Iowa Code 414.5 are respected. Negligent loss of a petition is one thing, but attempts to conceal the error compound the wrong. There is evidence that Defendants measured the discovered petition against both the 80 and 60 acre tracts, yet they reported only one measurement to the Council. That they measured it ain the original 80 acre tract can be inferred from the y~ ~ ~ ~ ~ admission: ~'~' r- -=~ c~ ~~ Defendants admit that owners of 20% of land wi~i4~ ~ 200 feet from the area originally proposed to ~= rezoned did submit a protest petition at the M~~li°• 10, 2009, City Council meeting during the publ c N hearing on the proposed rezoning. D Ans., Ct.l, No 4 On May 5, the formal determination sent to City Council stated simply that the March 10 protest petition comprised 6 only 17.10 of the property within 200 feet of the rezoning proposal and was therefore insufficient. It said nothing about the loss of the petition, that it might be measured against the original proposal instead of the revised proposal, or whether there was any precedent for the determination made. Why information was omitted is uncertain, but if the petition were found to be insufficient, then the loss of the petition could be reasoned to be nothing more than a harmless error. The loss of the petition, along with the realization that if the petition were insufficient, the error would be harmless, could have biased those making the determination into selecting only the measurement actually reported on May 5. There is no evidence the loss of the petition was disclosed to city Council. And, except for the private apology in an email to Mr. Jewell, Defendants never acknowledged the loss nor apologized to the other 13 landowners. The loss caused this proceeding to be seriously flawed. Instead of promptly correcting the problem to ensure that 14 surrounding landowners and petitioners were dealt with fairly and their 414.5 rights protected, the Council was either unaware or dismissive of the complexity of the situation and proceeded to rezone sixty acres for which they might lack jurisdiction under 414.5. Millions of dollars in development have subsequently been spent on a site potentially rezoned without jurisdiction. Fourteen adjacent landowners have been denied their 414.5 rights and irreparably harmed. Any future rezoning process of ~~,.s --~. ~ a area will be distorted by potential city liability fl -~'h~, ~ . developer, who has already spent millions. Finally;~~is~ ~ ~; protracted Certiorari action resulted. The May 5 m~cr.~ =~ ' ` ~? ° obscured a complex legal problem created by the cit ~Ss N sv mishandling of the Plaintiff's protest petition. What began 7 as simple negligence evolved into a suppression of information with far reaching damages. Finally, Plaintiff does not argue in any way that a rezoning proposal cannot be changed during a hearing. It is often necessary and appropriate that changes be made. But if a protest petition has already been filed, the supra- majority vote for passage remains whatever changes are made during the hearing process. What Defendants' are arguing is that changes after a petition is filed should invalidate a petition. The Iowa Supreme Court is clear that subsequent events do not change the sufficiency of a filed protest petition. If, after a petition is filed, the city wants to be pass a measure by less than a supra-majority vote, a new proceeding would clearly be necessary. The above facts, determined in a light most favorable to the nonmoving Plaintiff, are ample grounds to deny Defendants' cross motion for summary judgment on Count 1. Cross-Motion III grfie,~.~..,~ 6 Defendants, having adapted ordinance 14-8D-5(G), now argue that they did not have the authority to do so. ~ Defendants wish to have it both ways after Plaintiff rel~d on 14-8D-5(G) to file a late petition and to bring phis ° ,~ action of certiorari . Estoppel is a reasonable ands'--~ %'' ~°- ~' -~. ~- appropriate equitable remedy for such reversals. =. Defendants' argument of preemption is misplace ~~ Ica -.-- ~ Code 414.5 is a statute authorizing the grant of ~, N jurisdiction to city councils to amend their zoning ~ ordinances, and limit's that jurisdiction in cases involving protest petitions. In dealing with jurisdiction, it does not address the ability of the council to set its own rules for what constitutes passage of an ordinance. In fact, Iowa. 8 Code 414.4 does address that issue and clearly gives wide latitude to the city councils to make their own rules regarding passage of an ordinance that do not clearly conflict with state law: The council of the city shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. Iowa Code 414.4 Iowa Code 414.5 deals with the grant of authority, while ordinance 14-8D-5(G) deals with the number of votes required for passage by the council. Dealing with separate matters, there is simply no conflict. And if there were a conflict, Defendants, having enacted the ordinance, should now be estopped from arguing that they lacked the authority to enact it. Cross-Motion 8 This issue of notice needs to be addressed only if this Court rules in favor of Defendants on the preceding two issues. If that happens, then Plaintiff resists Defendants' cross motion for summary judgment that notice for the 80 acre tract was adequate notice for the 60 acre tract fo~the reasons below. ~e"~ ~' "" :ta ~ ~ ~. ~ -~ ~ ~~ Argument w ' ~'° ~,, ~' ._~ ~; ~ Statutory requirements as to notice and heari~ar~ mandatory and jurisdictional, and compliance therewith a prerequisite to valid action by a city council. Bowen v. Story County Board of Supervisors, et al, 209 N.W.2d 569 at 572 (Iowa 1973). Proper Notice of a potential zoning change is mandatory and must be complied with giving the City Council jurisdiction to act. B.& H. Investments, Inc. v. 9 City of Coralville, 209 N.W.2d 115 (Iowa 1973). Issues of notice are appropriate for review by certiorari. Failure of proper notice is grounds for voiding a rezoning ordinance. B.& H. Investments, supra. Iowa Code 414.4. The purpose of a notice and hearing is to provide fundamental fairness in resolving the competing interests of adjacent landowners. The notice for REZ08-00011 induced adjacent landowners to prepare a protest petition for an eighty acre tract. On the last day of the hearing, the Defendants announced that the eighty acre tract would be reduced to a sixty acre tract. The Defendants then relied on this last minute reduction to disqualify the original protest petition. Was this a fair process? If the Defendants can change a rezoning proposal at the last minute, shouldn't surrounding landowners be given an opportunity or amend their already filed protest petition? Whenever an original notice induces adjacent landowners to prepare for what was described in the notice, and then what was described is sufficiently changed so that the protest petitioners, in retrospect, should have prepared for something quite different, then the original notice itself was misleading. When a notice misleads, then new notice should be required. Plaintiff believes that existing statutory and case law is consistent with this conclusion. I. IN CASES INVOLVING PROTEST PETITIONS, IOWA CODE 414.5 REQUIRES A NEW NOTICE AND SEARING FOR ALL CHANGES AND AMENDMENTS. Iowa Code 414.5 is clear and unambiguous regard ~ ~,.~;~ new notice and hearing when there n~ are changes invol~ a~ ~-- ~ ~ ~ protest petition: "°'f` ~ :~ ~ ~ 3 , c~ ='? r~ The protest, if filed, must be filed before or~at N the public hearing. The provisions of section 414.4 10 relative to public hearings and official notice apply equally to all changes or amendments.' Immediately preceding this last sentence is a discussion of the requirements of protest petitions. In that context, the last sentence modifies the two preceding sentences dealing with protest petitions. Therefore, 414.5 requires compliance with the notice and hearing requirements of 414.4 for all cases involving protest petitions, not just some as Defendants argue. The notice and hearing requirements of 414.4 require "at least seven days notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled city council hearing." Defendants provided no new notice whatsoever, let alone that which would meet the express requirements of 414.4. Defendants thereby violated the notice requirements of 414.4 and the last sentence of 414.5. II. CURRENT CASE LAW REQURES A NEW NOTICE AND HEARING WHENEVER THERE ARE SUBSTANTIAL CHANGES TO A PROPOSED REZONING. In cases not involving protest petitions, when events subsequent to publication of notice of a proposed zoning change lead to an amendment that is substantially different from that which is noticed, a new notice and opportunity to be heard may be required. Oliveira v. City of Milwaukee~,~ 624 N.W.2d 117, (Wis. 2001). Courts have considered twos ~ ~~. issues in deciding whether a new notice should be "r~`zir~l: ~... c~ -~. ~ ~-a.a. =~ ~. r°- ~''r'°~'s a~ 6~ If the protest petition was sufficient for the property de~cr=~ea~j in the notice, but insufficient for the property voted on and~assec~ then the property described in notice and the property described into the ordinance were in fact two separate changes to the city's zoning code. The City's differential treatment of the two properties is an admission that they were separate changes to the zoning code. Although each bore the title REZ08-00011, they did so at different times. 11 Was the change substantial and would a new hearing accomplish anything other than delay? Under both tests, the changes in this case were substantial. III. A SUBSTANTIAL CHANGE IS EITHER ONE THAT AFE'ECTS DIFFERENT LANDOWNERS OR ONE THAT AFFECTS THE SAME LANDOWNERS IN A DIFFERENT WAY. In Oliveira v. City of Milwaukee, 624 N.W.2d 117, and Herdeman v. City of Muskego, 343 N.W.2d 814, a substantial change was any change that affects different landowners, or any change that affects the same landowners in a different way. Oliveira v. City of Milwaukee, 624 N.W.2d 117, at 123. In the present case, Defendants used the change disclosed on the last day of the public hearing to invalidate a qualifying protest petition filed four weeks before the change was disclosed. Although this change did not affect different landowners, it most certainly did affect the same landowners in a different way: last minute changes to the rezoning ordinance denied fourteen landowners of their already filed protest petition and their resulting right to a three-fourths affirmative vote before the rezoning ordinance could be enacted. Under the Oliveera and Herdeman test, a change that invalidates a filed protest petition is a substantial change. IV. DURING THE PUBLIC HEARING, DEPENDENTS OWN STAFF TWI~ ADMITTED THAT THE CHANGE WAS SUBSTANTIAL. ~ ° ,~,,_,~ ~c ~ ;a : g Twi ce the Defendants' own staff admitted that t~r~ ~ -~- . - ~ changes in this case were substantial. Addressing change City planner Bob Miklo stated: ~~;.~: ,,. ~~ `~ o , ;, 7 , we believe this would need to go back to the P~anin~ and Zoning Commission because the, this is a fairl y sig nificant change from...from what they reviewed. p 167 Return to the Writ 12 Shortly thereafter, City attorney Dilkes concurred with Miklo: If you want to make the changes that Bob is...is discussing, you're going to have to continue the public hearing tonight, and defer the first consideration, to...to give, um, Planning and Zoning a chance to decide whether they want to have a consult with you. Um, so you're not going to act on it tonight either way. P 169 Return to the Writ City attorney Dilkes continued: My opinion is, is that if you change the CZA, or you indicate that you want to change the CZA' to make it outlot D, as opposed to rezoning it, and having the condition with Slowthower, then you need to at least given our ordinances have the Planning and Zoning Commission take a look at that. (emphasis added) P 184 Return to the Writ Attorney Dilkes statement "given our ordinances" was referring to the Iowa City ordinance governing the City Council public hearing for zoning map amendments: In those instances when the city council has reached an informal consensus on a proposed zoning map amendment or zoning code text amendment that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has take place between the city council and the planning and zoning commission. 14-8D-5 Code of Iowa City, paragraph F.2 (emphasis added) Attachment 6 Only a change that is "contrary to" the original proposed rezoning needs to be sent back to the planning and zoning commission. On March 20 Attorney Dilkes held the professional opinion that the change under consideration and later adopted was "contrary to" the original rezoning N d proposal. Any change that is "contrary to" the ori~inal~, ~.; =r proposal is a substantial change. Two members of t~.; C', ~ ~ ~ ~-- a ~~ The CZA was changed seven days later on March 31 and signe~il..~:.. ~:: 2. Pp 251-254. _- 13 ~~ N ~~ e `=~„ Defndants' own staff expressed opinions that the change was substantial. V. HAD A NEW NOTICE BEEN PROVIDED, THE SPEECH AT THE SECOND HEARING WOULD NOT HAVE BEEN A SIMPLE REPETITION OF THE FIRST HEARING: THE SECOND PROTEST PETITION WOULD HAVE BEEN TIMELY UNDER 414.5 AND ORDINANCE 09-4336 WOULD HAVE BEEN DEFEATED BY A 5-2 AFFIRMATIVE VOTE. The final consideration of what constitutes a substantial change is whether a new notice and hearing would result in a different outcome or "only in repetitive statements by the same parties, accomplishing no change in the final outcome except delay." See Herdeman v. City of Muskego 343 N.W.2d 814, at 816.5 Plaintiffs have clearly demonstrated that had a new notice been provided, the outcome would have changed. The revised protest petition filed May 4 met the requirements of Iowa Code 414.5 with respect to the changed rezoning amendment. Pp 361-378 By s The Herdeman case seems to support Defendants' position. A protest petition was filed, the area being rezoned was reduced, the measure was passed 4-3, and a new notice and hearing were denied. But there is a fundamental distinction between Herdeman and this case. In Herdeman, the change made was the creation of a 180 foot buffer between the protesters' property and that being rezoned. By so doing, the Herdeman Defendants respected the Wisconsin statute authorizing protest petitions by protecting the protest petitioners' legally recognizable interest in adjacent property up to 180 feet. In the present case, Defendants have not respected the protest petition or its underlying purpose. They have provided no buffer, paid no respect to the interests of adjacent landowners, and have attempted to use a process that undermines the very purpose of Iowa Code 414.5. There is another distinction between Herdeman and this case. After the creation of a buffer, the Herdeman petitioners were outside the protected 7..g~ie 0 and could no longer file a protest petition and compel a three-fourths votes The outcome of a new hearing therefore would not change. In the pr2 cue, ~~' Plaintiff and others filed a new protest petition which would have ~mlle~ a three-fourths affirmative vote, completely changing the outcome of mew .~- ~ ~ E r~, `~ hearing--Ordinance 09-4336 would have been defeated. ~Si ~ j ~ ~ ; u rv definition that protest petition would changed the speech at a second hearing; for it would have compelled a three- fourths affirmative vote; and it would have changed the outcome. Had a new notice been provided, the 5-2 votes would have defeated Ordinance 09-4336, not enacted it. Had a new notice been required, the outcome would have changed. By all legal and reasonable measures of what constitutes a substantial change, the changes made on the last day of the hearing were indeed substantial and therefore required Defendants to provide a new notice and hearing. Having made a substantial change, Defendants failed to provide the notice required by Iowa Code 414.4, compliance with which is mandatory and jurisdictional and is a prerequisite to valid city council action. Bowen, supra. On the issue of notice, Defendants brief claims "Plaintiff had ample opportunity to canvas the neighborhood searching for additional neighbors to protest the rezoning between Council's March 19 (sic 24) meeting, in which the reduction in the area to be rezoned became eminent (imminent?), and the second continuation for the public hearing on April 6." Defendant's Brief p 8. There is not a shred of evidence that on March 24 the city council as a body adopted any position that the proposed outlot D would not be rezoned. Plaintiff finds no public disclosure that outlot D would not be rezoned before April 6. Return to the Writ, P 235, 237. Even on April 6, City Planner Davidson addressed the Council and talked about whether or not Outlot D would or would not be rezoned. Return to the Writ p 239, 240. Defendants try to suggest that Plaintiff had actual notice of something that was never clear. Certainly, stiff recommendations to the council on March 24 and the Ming ~ ~~ ~ back and forth by council members about an unsettle~.,~ssy~e ~.^,,,,,. ~ ~ without either a formal vote on the matter or a cle r, Y _ r•~~ O ~~' 15 ~°° N N statement at the end of that hearing that more than 20 acres would not be rezoned is not the type of notice that would meet the requirements of Iowa Code 414. In any event, Defendants statement raises an issue of fact that, when viewed in the light most favorable to the non-moving party (Plaintiff), raises a sufficient question of fact (ie when did adequate notice occur?) that Defendants' cross motion for summary judgment must be denied. Finally, throughout Defendants brief the two related terms of platting and rezoning are used almost interchangeably. This case has nothing whatsoever to do with platting. It has only to do with rezoning. All comments about platting are simply confusing or smokescreens. For the above reasons, there are sufficient questions regarding whether the changes were substantial that, interpreted in a light most favorable to Plaintiff, Defendants cross motion for summary judgment must be denied. /A yw` Robe t eman 44 Tu on ce Iowa City, Iowa 52246 Roberthegeman@mchsi.com 391-338-5818 319-530-0553 (cell) 319-668-2491 (fax) Original filed Copies served on the defendants at the Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, N Iowa 52240 o °' ~-~~ e 3 ;-~ n ~~ ~ -~. -~ c . ~' ~ :~€"rv' c? ~' ~, f 16 r. tv N CERTIFICATE OF SERVICE (PRIVATE) I certify that PLAINTIFF'S Resistance to Defendants' Cross-Motion for Summary Judgment dated 3/3/2010 was served on the City Council of Iowa City and the City of Iowa City by depositing the 2 copies of the original in the US mail postage prepaid on March 3, 2010, addressed to Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240 t~------ N C] Q ~ ~ _ Y -" ~ ~ ~ v ~ ~ ~~ ~ " ,,.ye t_.._ as r~ -.5~. N N 19 #Sa ~ailey: Any questions for Christina at this point? Okay. All right, um, Eleanor, did you have any comments for us before we proceed into the public hearing? Dilkes: Uh, the Mayor asked me to clarify at this point that, um, it's my understanding that we have more than 20% of the property owners within, or the property within the district, um, have protested the rezoning, and therefore, you...it will not pass unless 6 out of 7 of you vote in the affirmative. Bailey: Okay, and at this time, before we hear public comments, let's discuss ex-pane communications regarding this district. Wilburn: I received contact from Michelle Higley, north Gilbert Street, who, um, was in favor of the historic preservation (mumbled) didn't feel t hat the, uh, requirements (mumbled) requirements is, um, is a big problem. So... Bailey: Okay. Others? Hayek: Um, bear with me. I, uh, met with John Kammermeyer, uh, on three separate occasions, uh, William Lake, Judith Pascoe, Eric Gidal, Tom Scott, Wally Copse, John Backus, uh, spoke to Maura Pilcher, spoke to my father, John Hayek, and uh, for about seven seconds talked to Mike O'Donnell before this meeting, all of that took about six or seven hours of my time and it's impossible forme to disclose all of the contents of those conversations, but people were for and against. Dilkes: Can you just summarize? Hayek: (laughter) Yeah, I mean, L ..uh...Mr. Kammermeyer, Miss, uh, or Mr. Lake, uh, Mr. Scott, Mr. Kopsa, Mr. Bakas, uh, were...were against, uh, the proposed district for a variety of reasons having to do with property rights and the appeal's process and um, everything in between. Uh, Miss Pascoe, Mr. Gidal, uh, Miss Pilcher, and I guess that's it, were for it, and generally cited the materials and uh, the Friends of Historic Preservation submission, some of the emails we received, and many of these people have all communicated in writing to us, uh, I have to say my father was, uh, probably slightly for it, but more or less agnostic, um...(laughter) if he's watching (laughter) and uh, and that's it. I mean, I can go into greater detail, but we have a lot of people here. Bailey: Okay. Is that sufficient? All right, other? Wright: I spoke with, uh, David Hamilton, who just had some questions about, uh, some of the definitions of historic district and he expressed no opinion one way or the other. Uh, I also received an email from, um, Mark Gilchrist, uh, expressir~ support for the historic district. a A f ~/ C!m[!y. ...@y '-r ~"4~L~ ~_ .F /~ This represents only a reasonably accurate transcription of the Iowa City Cit~un~ regular formal meeting of May 5, 2009. - : v ' c:~ '~~ N N Original Message --------Subject: RE: Next City Council Meeting? Date: Thu, 16 Apr 200913:52:33 -0500 From: Christina Kuecker <Christina-Kuecker@iowa-city.org> To: ICJewells <ICJewells@mchsi.com> References: <49DF4836.9040504@mchsi.com> <9E66756AEF38EC4CBOD83937C7664D62084DBOBE@citymaill> <49E4D057.8070702@mchsi.com> Larry, Was a protest petition filed with the City Clerk? We have no record of a protest petition being submitted for the current rezoning. If a protest petition was filed for the proposal in 2006, it is no longer valid because this is a new application. Thank you, Christina Christina Kuecker Associate Planner City of Iowa City 410 E. Washington St. Iowa City, IA 52240 (319)356-5243 ~ a ~" Christina-kuecker@iowa-city.org ~'-~' ~ ~ r ~... ~ ~,.~. ~' ~ o ~ ~' ~'~ ~"' N N --------Original Message --------Subject: FW: Next City Council Meeting? Date: Mon, 20 Apr 2009 16:43:55 -0500 From: Bob Miklo <~ok~Nf`iklo@iowa-city.org> Is@mchsi.com> Larry, Christina is out of the office this afternoon. She forwarded your email to me regarding a petition. I could not find a copy of a petition in our files. Do you have a copy that you could email to me or give to Jeff Davidson at the meeting tonight? Bob From: ICJewells [mailto:ICJewells@mchsi.com] Sent: Monday, April 20, 2009 2:58 PM To: Christina Kuecker Subject: Re: Next City Council Meeting? Hi Christina, Any update on where we are at with these questions? Thanks Larry IClewells wrote: Christine, Thanks for checking further on this. I would like to know as soon as possible if we do not meet the 20~ requirement, including what the total required area is within 200' versus what the total is that have signed the petition. N o ° ~ ou Thank ~ ~ ~- , y ...Fj ~ ° ~~y i `'S ~ Larry = =~ ~ k ""' ~ -w ~ ,~ '~-~ N N L~ Original Message --------Subject: RE: Follow-up Questions From Last Night's City Council Meeting Date: Tue, 21 Apr 2009 09:25:58 -0500 From: Eleanor M. Dilkes <Eleanor-Dilkes@iowa-city.org> To: ICJewells <ICJewells@mchsi.com> CC: Jeff Davidson <Jeff-Davidson@iowa-city.org>, Bob Miklo <Bob-Miklo@iowa-city.org>, Marian Karr <Marian- Karr@iowa-city.org>, Sara Greenwood Hektoen <sara-hektoen@iowa-city.org> References: <49EDC87E.9030101@mchsi.com> Mr. Jewell, The City Clerk has reviewed the record of the March 10 meeting and located the rezoning protests that you submitted on March 10. Those protests are currently being reviewed by the planning staff to determine whether they are sufficient to trigger a requirement that the rezoning pass by asuper-majority of the Council (6 votes). See Iowa Code Section 414.5 Please accept my apologies for the confusion with the protests. Typically, protests that are not filed in the Clerk's office, but rather submitted at the public hearing, are considered to be timely filed and are provided to the planning staff for review and calculation. I have reviewed the videotape of the March 10 meeting and the letter you submitted and discussed the matter with the City Clerk. Unfortunately, because the protests were attached to your letter of concerns and were not identified as zoning protests the Clerk's office did not forward them to the Planning Dept. We will consider changes in procedure to assure that this does not happen again. I have reviewed the issues raised by Mr. Hegeman's letter in some detail. I do not agree with his conclusion that an approval of the rezoning would violate the City Code. My role is to advise the City Council. Had I concurred with Mr. Hegeman I would have informed the Council and advised them accordingly. Because I did not I was simply prepared to respond to the Council last night had they asked for my response to Mr. Hegeman's letter. Please feel free to contact me if you have further questions. Eleanor M. Dilkes City Attorney City Hall 410 East Washington Street N O Iowa City, IA 52240 ~ c'~ -.~ c~ 319-356-5030 "~'"' ~~ ~ 319-356-5008 Fax ~`' ~- - ~ y 6 ~ E F ~~ d eleanor-dilkes@iowa-city.org ~=~=~ N l S_ / Original Message --------Subject: RE: Follow-up Questions From Last Night's City Council Meeting Date: Tue, 21 Apr 2009 10:55:54 -0500 From: Marian Karr <Marian-Karr@iowa-city.org> To: ICJewells <ICJewells@mchsi.com> CC: Jeff Davidson <Jeff-Davidson@iowa-city.org>, Bob Miklo <Bob-Miklo@iowa-city.org>, Sara Greenwood Hektoen <sara-hektoen@iowa-city.org>, Eleanor M. Dilkes <Eleanor-Dilkes@iowa-city.org> References: <49EDC87E.9030101@mchsi.com> <9E66756AEF38EC4CBOD83937C7664D6204CF323F@citymaill> <49EDEAFE.5030000@mchsi.com> Mr. Jewell, I wanted to personally apologize for the confusion over the rezoning protests filed at the City Council meeting on March 10. I can assure you that the procedure in my office for accepting correspondence at Council meetings will be handled differently in the future. Marian K. Karr City Clerk City of Iowa City Population 62,380 (phone) 319-356-5041 (fax) 319-356-5497 N Cf Q C '7 ~~ r'te'-'4 '~ mew ~~ ~ ~l "~~- ` -~ 5 " Y f e ~ =~ N rv Sterling Codifiers, Inc. rage L of 4 1. After receipt of a report and recommendation from city staff, the planning and zo ng .~ commission will schedule one or morepublic meetings to receive public comment regarding the proposed request. The commission will then make a recommendation for approval, approval with conditions, or denial to the city council. 2. If the planning and zoning commission makes no report within forty five (45) days from the date a complete application was received, it shall be considered to have made a report approving the proposed amendment. 3. Not less than four (4) votes shall be required to recommend approval of an amendment to this title or to the boundaries of zoning districts or to the zoning of a particular parcel of land. F. City Council Public Hearing: 1. After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before enacting any proposed amendment, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed amendment to the commission for its recommendation or during the period while the commission is considering such matter. 2. Following the public hearing, the city council shall consider an ordinance implementing the proposed zoning map amendment or zoning code text amendment. In those instances when the city council has reached an informal consensus on a proposed zoning map amendment or zoning code text amendment that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence fort G. Protests: If a protest against such amendment is presented in writing to the city clerk, duly signed and notarized by the owners of twenty percent (20%) or more of the area of the lots included within the area for which the amendment is proposed or by the owners of twenty percent (20%) or more of the properly which is located within two hundred feet (200') of the exterior boundaries of the area for which the amendment is proposed, such arry~dment shall require the favorable vote of three-fourths (3/4) of the members of t~ city ~uncil for ~'` ~ passage, ~;; ~ ~ -~< r H. E ec Csn Development Ac ivi .~.~~ '~' ~~ W ' ~ fi 1. Regulated Development Activity: When a proposed text or map amertz#`ment~q this title http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section id=57975&key... 2/9/2010 U3-71-1U IP11 r ~.!h®~~ CITY O F I O 1!t! A C I T Y ~~~~~ RAND U ~~a Date: March 10, 2010 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities • Iowa City was the first government agency in the state to submit CDBG buyout applications for duplication of benefits review. On March 5th the City received verification from the Iowa Department of Economic Development that the first two buyout applications, 612 Eastmoor Drive and 720 Normandy Drive, have been approved and we may submit a draw request. The City expects to close on the properties this month. • As of today, the City has received 23 offers back from homeowners interested in pursuing a CDBG buyout. • Planning staff attended a meeting with Senator Dvorsky on March 5th to discuss flood recovery projects. • On March 10th, staff participated in a monthly disaster recovery teleconference with Iowa Department of Economic Development (IDED), Iowa Finance Authority (IFA), the Rebuild Iowa Office (RIO), and other government agencies administering disaster assistance funds. • 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 completed a housing, business, government, and cultural data questionnaire for the Rebuild Iowa Office. • To date, 32 properties have been acquired -- 28 properties have been acquired with HMGP (FEMA) funds and four with Community Disaster Grants funds. ~ IP12 Marian Karr From: Doug Elliott [doug.elliott@ecicog.org] Sent: Thursday, March 04, 2010 8:57 PM To: ECICOG Communities (E-mail) Subject: Deadline for Single Family New Construction Extended to April 12, 2010! Attachments: RFP Update Memo.pdf; SFNC-Round 2 RFP 2nd Ed.pdf The deadline for proposals for ECICOG's Single Family New Construction program has been extended. New and/or revised proposals must be received in the ECICOG offices by 4:30 p.m., on Monday, April 12, 2010. We encourage you to share the attached information with developers, homebuilders, and other potentially interested parties. Douglas D. Elliott Executive Director ECICOG 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 52402 319.365.9941, ext. 122 319.365-9981 (fax) vvww.ecicog.org 3/5/2010 ECIC: G EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS e m o YOUR REGIONAL PLANNING AGENCY To: Single Family New Construction Round 2 February RFP Applicants From: J.J. Breen III, Disaster Recovery Coordinator, ECICOG CC: Date: 3/2/2010 Re: Update on February RFP Applications Deadline Extended -New RFP Issued The Iowa Department of Economic Development (IDED) recently updated the program description for Single Family New Construction -Round 2 to include rules for infrastructure funding. Due to this change, the deadline for applications has also been extended from March 1 to May 3, 2010. Because the new State application deadline has been extended to May 3, all applicants are being notified that the final IDED approval of applications (and subsequent kickoff of timelines for marketing and construction) may not occur until at least June 1, 2010. ECICOG's first RFP for this round elicited a significant number of good responses, greatly exceeding the number of units that we can program with our allotted funds, and providing ECICOG with a large variety of plans from which to choose. Unfortunately, due to the IDED and CDBG restriction that 50% of all units have a development cap of $150,000, we were limited in our ability to select a matching number of $180,000 units, and could not fully program our allotted funds. Because of the extended IDED deadline, ECICOG is issuing a second RFP to capture additional proposals, with the hopes of being able to gain additional affordable (sub-$150,000) units, which will aid us in programming to our full allocation. All complete proposals from the February RFP will be automatically carried over to the new RFP in their submitted form. Applicants will be allowed to retain, revise, or rescind their February proposal based on the new RFP deadline. Incomplete applications from the first RFP also have the option to complete their original proposal, revise their original proposal, or rescind their proposal in its entirety. Applicants are encouraged to review their proposal in light of the funding restrictions for affordability, but changes to proposals are not necessarily required. The second RFP period will open on March 2, 2010, and close on Monday, April 12 at 4:30 PM. Almost all of the original descriptions from the first RFP will carry over to the second RFP, except that ALL proposals (not just those over 10 units) will need to indicate their willingness and ability to reduce the overall scope of their proposal and number of units proposed, if they have not already done so in writing. The new RFP is included with this memo as a separate document, and is also available on the ECICOG website. All February applicants are encouraged to contact ECICOG as soon as possible to declare whether they intend to continue with their original proposal, amend their original proposal, submit an additional proposal for a different subdivision, or rescind their proposal altogether. All applicants, existing or new, are also welcomed and encouraged to review their proposals with ECICOG for completeness and clarity before April 5, 2010, to try to avoid any delays, post-submittal changes, or disqualifications of final proposals at the April 12 deadline. We apologize for this delay, and look forward to continuing to work with applicants to create a robust, effective plan for affordable new construction housing in the ECICOG region. Thank you, J.J. Breen III Disaster Recovery Coordinator East Central Iowa Council of Governments 700 16th Street NE, Suite 301 Cedar Rapids, IA 52402 desk: 319.365.9941, ext. 139 fax: 319.365.9981 www.ecicog.org • Page 2 Request for Proposals (RFP) 2nd edition -March 2 -April 12, 2010 East Central Iowa Council of Governments Single-Family Unit Production New Construction -Round #2 ECIC: G EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS YOUR REGIONAL PLANNING AGENCY East Central Iowa Council of Governments A Note from ECICOG about this RFP ECICOG's first RFP for the Round 2 Funding Period elicited a significant number of good responses, greatly exceeding the number of units that we can program with our allotted funds, and providing ECICOG with a large variety of plans from which to choose. Unfortunately, due to the IDED and CDBG restriction that 50% of all units have a development cap of $150,000, we were limited in our ability to select a matching number of $180,000 units, and could not fully program our allotted funds. Because of the extended IDED deadline, ECICOG is issuing this second RFP to capture additional proposals, with the hopes of being able to gain additional affordable (sub-$150,000) units, which will aid us in programming to our full allocation. All complete proposals from the February RFP will be automatically carried over to the new RFP in their submitted form. Applicants will be allowed to retain, revise, or rescind their February proposal based on the new RFP deadline. Incomplete applications from the first RFP also have the option to complete their original proposal, revise their original proposal, or rescind their proposal in its entirety. Applicants are encouraged to review their proposal in light of the funding restrictions for affordability, but changes to proposals are not necessarily required. Almost all of the original descriptions from the first RFP have been carried over to the second RFP, except that ALL proposals (not just those over 10 units) will need to indicate their willingness and ability to reduce the overall scope of their proposal and number of units proposed, if they have not already done so in writing. All applicants, existing or new, are also welcomed and encouraged to review their proposals with ECICOG for completeness and clarity before April 5, 2010, to try to avoid any delays, post- submittal changes, or disqualifications of final proposals at the April 12 deadline. We apologize for this delay, and look forward to continuing to work with applicants to create a robust, effective plan for affordable new construction housing in the ECICOG region. Thank you, JJ Breen III Disaster Recovery Coordinator East Central Iowa Council of Governments SFNC RFP #2 -March-April, 2010 Page 2 of 7 East Central Iowa Council of Governments Purpose of this RFP The East Central Iowa Council of Governments (ECICOG) is seeking proposals from qualified developers and builders to provide new single-family housing in the incorporated areas of Benton, Iowa, Johnson, Jones, Linn, and Washington counties (excluding the cities of Cedar Rapids and Iowa City) as a part of disaster recovery efforts from the disasters of 2008. ECICOG is asking applicants to submit construction proposals by April 12th, in order for ECICOG to review proposals, ensure that all required elements are included, and create an area- wide plan. ECICOG will then submit the overall plan to IDED for consideration. IDED's application deadline has been pushed back to May 3, 2010. Proiect Abstract The Iowa Department of Economic Development (IDED) has made available Community Development Block Grant (CDBG) funding to construct new single-family dwelling units as part of Disaster Recovery efforts from the Flood of 2008. The funds allocated to this project will act as an acquisition subsidy to potential homebuyers to buy down the cost to construct a home to an affordable sales price and loan amount. This project differs from the first round project of April, 2009, in a number of important ways: 1. The maximum subsidy per unit has been reduced from 30% to 25%. 2. A minimum of fifty percent (50%) of all units have a development cost cap of $150,000 per unit. Remaining units retain the previous development cost cap of $180,000 per unit. 3. A minimum of fifty percent (50%) of all units must be made available to households earning less than eighty percent (80%) of the median income for their county and household size. All remaining units are only available to households earning up to one hundred percent (100%) of the median income for their county and household size. 4. ECICOG will be processing all proposals and creating aregion-wide action plan to submit to IDED based on a fixed amount of funding available for the entire ECICOG region. 5. Because funds are limited and needs vary from area to area, ECICOG is imposing a further restriction that all projects must have explicit support (not necessarily full development approval) of a local governing entity, in the form of a Resolution, Letter of Endorsement, or similar official instrument, in order to be considered for this program. Working with development teams, ECICOG will market the program, provide oversight coordination of the development team members, accept and process homebuyer application intake, verify income eligibility and will work with the lenders and builders that are chosen in this process, through construction and closing. Based on calculations of the allocated funds and the subsidy limits provided by the IDED, ECICOG anticipates that 40-50 homes will be constructed in our region as a part of this project. Because of the requirement for explicit local government support, ECICOG strongly suggests gathering a coalition or development team of builders, developers, financial institutions, and local government leaders, to create robust, high-quality proposals that will have a greater chance of succeeding through the development lifecycle. SFNC RFP #2 -March-April, 2010 Page 3 of 7 East Central Iowa Council of Governments Selected Back~round/Reguirements from IDED and ECICOG • This activity is limited to newly constructed single-family /single unit dwelling units. Manufactured single-family dwelling units are permissible provided they are affixed to a permanent foundation and will be taxed as real property upon completion. Condominium style single-family projects for individual homeownership are also permissible. Units that are already built or under construction are not eligible for funding under this program. • Construction will only be allowed in incorporated areas. • Construction of all dwelling units must be completed no later than Dec 31, 2011. • To ensure that development is in the best interests of the community as a whole, explicit support of a local governing body or official (City Council, Mayor, etc.) is required for all proposal submissions. • A minimum of fifty percent (50%) of all housing units shall have a total cost of less than one hundred fifty thousand dollars ($150,000). The price of any dwelling unit under this program shall not exceed one hundred eighty thousand dollars ($180,000). • Variety in housing types, styles, sizes (SF) and number of bedrooms and bathrooms is key to meeting the needs of potential buyers, while staying within development cost limitations. • Builders will be allowed a builder's fee up to fifteen percent (15°Io) of the cost of construction of each dwelling unit. Builder's fees shall be included within the total cost to construct and contained within the per unit development cost limitations. Builder's fees include design costs, energy rating costs, seller's side real estate commission fees, overhead, and profit. • A minimum of fifty percent (50%) of units shall be made available to households earning less than eighty percent (80%) of the median income determined by HUD for the household size and county in which they are built. Remaining units shall be made available only to households earning up to one hundred percent (100%) of the HUD median income for the county of construction. • Development plans shall identify, for participation in this activity, at least three regulated lenders and obtain from them a commitment of their willingness to participate. • Participating lenders shall offer principal loan products that minimally meet the following criteria: • Loan interest rates cannot be higher than four percentage points above the federal prime interest rate at the time of loan commitment; • Loan-to-value ratios (LVRs) at 75% (as the CDBG-DR funds will be used to subsidize 25% of the per unit development cost); • No less than a 15-year, fully amortized, fixed-rate mortgage may be used (early pay-off provisions must be allowed); and • No adjustable rate mortgages or balloon payment types of mortgages will be allowed. SFNC RFP #2 -March-April, 2010 Page 4 of 7 East Central Iowa Council of Governments • Homebuyer purchased properties under this activity must result in ownership in the form of fee simple title or 99-year leasehold. Condominium single-family structures shall have deed restrictions or covenants in place prior to sale regarding this type of ownership. • The participating builder(s) under this activity shall obtain their own construction financing for all dwelling units they construct. • Lots (land) on which to construct the single-family housing proposed need to be identified and conveyed within development plan submissions (addresses and/or legal descriptions, all individual lots). Where possible site control needs to be obtained by the builders or developers of this single-family housing prior to development plan submission. • Where a new sub-division or newly created lots are proposed within development plan submissions, all details will also need to be submitted, including but not limited to: land acquisition costs; ownership of the development site(s); site preparation needs; infrastructure needs; zoning; timing; etc. • Redevelopment areas (bought out 500-year floodplain areas) will also need to address the above-stated details within development plans. In this scenario, the community where the buyout has occurred or will occur will be the owner of such lots for single-family construction. Details need to be provided depicting the transferring of acquired lots to builders /developers of single-family housing under this activity. • Any new subdivision or approved redevelopment area must meet Iowa Green Streets criteria, attached, for both site and structure. For in-fill or redevelopment of existing lots, the structural considerations of the Green Streets criteria should be considered to the maximum extent possible. • An energy audit is required for all units built under this program. Developers have the option of identifying a qualified energy audit company to provide the audit services (funded by the builder's/developer's fee), or deferring to the energy audit services bid out by ECICOG (separate from builder's fee). Energy audit costs, if provided by the builder/developer, should be indicated as a separate line item as part of the development cost. • Developers/builders have the option of providing their own marketing for new units or utilizing ECICOG marketing. If developers builders choose to provide marketing, it will be included as a part of the developer/builder fees enumerated above. Marketing costs, if provided by the builder/developer, should be indicated as a separate line item as part of the builder's fee. • The IDED recognizes that lots on which to construct single-family housing under this activity may not be readily available. Some communities may need to develop building lots or develop, even create subdivisions with multiple lots. Some communities, those with buyouts of 500-year flood plains, are desirous of redeveloping areas or neighborhoods. Up to $900,000 may be available to cover the infrastructure needs of all combined projects within the ECICOG service area. SFNC RFP #2 -March-April, 2010 Page 5 of 7 East Central Iowa Council of Governments Content of Proposals 1. Name and brief history of developers and builders involved in development project 2. Development plan, including, but not limited to: a. Lot location(s) (address and/or legal description) b. Context map of location c. Site map (if available) d. Lot ownership details Unit specifics i. Size (SF) ii. Type of development (Detached, zero-lot, condo, etc.) iii. Style of unit (Ranch, two-story, story-and-a-half, etc.) iv. Construction method (stick-built or manufactured) v. Full basement, Crawl Space, or Slab-on-grade vi. Number of bedrooms vii. Number of bathrooms viii. Other amenities ix. Builders fee and breakdown (design costs, energy rating costs, real estate fees, profit, overhead) x. Total development cost, with breakdown (land cost, construction cost, builder's fee) 3. Green Streets Development Plan and Checklist - A completed Green Development Plan and Checklist is required for any subdivision proposal to meet the Iowa Green Streets requirement of this RFP. In-fill and existing lot construction applicants must also fill out the Green Development Plan and Checklist to the maximum extent possible. 4. Letters of commitment from at least three (3) regulated lenders 5. Identification of loan closers 6. Identification of any Realtors involved 7. Identification of Energy Audit rating firm, cost, and qualifications (optional) 8. Documentation of explicit support from local governing body (City Council Resolution, Letter of Endorsement, or similar official instrument) Special Instructions to ALL proposed projects: Due to the number and diversity of responses to this RFP, please also indicate willingness and ability to reduce total units of the project (total funding would be reduced in accordance with IDED per-unit limits). Acceptable alternatives should be indicated where possible; separate proposals for smaller numbers of units in the same project are not required. Special Instructions for infrastructure funding: For proposals including infrastructure, please indicate if infrastructure needs will be funded as a part of the proposal with the funding available, or from other sources (local government funding, local match, etc.). For projects in need of infrastructure funding, please also indicate whether project is fully, partially, or not contingent on infrastructure being funded through this program. SFNC RFP #2 -March-April, 2010 Page 6 of 7 East Central Iowa Council of Governments Evaluation Criteria • Local Government support memorandum resolution • Adherence to affordability requirements (minimum 50% units <$150,000, minimum 50% units available only to <80°Io median income, maximum unit price of $180,000) • Adherence to and score of Green Streets criteria (required for new subdivisions including approved redevelopment areas, strongly recommended for in-fill sites) • Variety of housing types, sizes, and styles • Proximity to disaster-affected housing /link to disaster-related housing replacement • Demonstration of the ability to complete construction in acost-effective and efficient manner within the necessary time frame (Dec 31, 2011) and budget constraints. Response Timeframe Responses to this request are due to ECICOG no later than 4:30 PM Central Daylight Time on Monday, April 12, 2010. Postmarks will not be accepted. Only one (1) copy of each response is required. Submit written responses to: J.J. Breen, Disaster Recovery Coordinator East Central Iowa Council of Governments 700 16`h Street NE, Suite 301 Cedar Rapids, IA 52402 Questions about this RFP Questions about this RFP should be addressed to: J.J. Breen, Disaster Recovery Coordinator East Central Iowa Council of Governments 700 16`h Street NE, Suite 301 Cedar Rapids, IA 52402 319.365.9941, ext. 139 319.365.9981 (fax) jj.breen@ecicog.org All responding firms/individuals will be notified in writing regarding the results of the selection process from ECICOG. Projects submitted as a part of the overall plan to IDED will be notified of in writing of the results of the IDED decision once it has been made. ECICOG reserves the right to reject any and all proposals or to waive any irregularities in any proposal. Supporting Documents -Attachment J-IDED Requirements (PDF) -Attachment J-Infrastructure Addendum (PDF) -Green Streets Criteria (PDF) -Green Development Plan and Checklist (DOC) Documents are also available for download from the ECICOG website: http://www.ecico~.or~/SFNC-Round2 SFNC RFP #2 -March-April, 2010 Page 7 of 7 IP13 tows C"~Y COmmun'ity String Orchestra e a i Dear Friends of the Iowa City Community String Orchestra, 1354 Curtis Bridge Rd. NE Swisher, lA 52338 March 2, 2010 We'd like to invite you to attend to our upcoming spring concert for our 30`h season. The concert will be presented on Sunday, March 28, at 3:00 p.m. in the Englert Theatre (221 East Washington Street) in downtown Iowa City. Conductor Carey Bostian has chosen music to celebrate our 30th anniversary. The program will include the premiere of a piece for tenor and strings (Nocturne) based on a poem by Jimenez composed by 1CCS0 principal bassist Laird Addis. Laird is a founding member of the orchestra and is the only individual to have played every concert in our 30-year history. We are also highlighting local soloists with Serenade for Tenor, Horn and String Orchestra by Benjamin Britten. The soloists, Jeff Agrell (horn) and Eric Ashcraft (tenor), teach at the University of Iowa and Luther College, respectively. Other works on the program include Doris Preucil's arrangement for string orchestra of Tomaso Albinoni's famous Adagio in g minor and Gustav Mahler's Adagietto (from Symphony No. 5) featuring 16-year-old harpist Katherine Siochi. After the concert, we invite all concertgoers to attend a casual reception with refreshments in the Douglas & Linda Paul Gallery on the second floor of the Englert Theatre. As always, we thank you for your previous and ongoing contributions to the 1CCS0. We look forward to seeing you at the concert! Sincerely, Emma Mohr, Vice President On behalf of the Board of the Iowa City Community String Orchestra: Kate Paxton, President t S ~ c ~ _ ~i ary ecre Lisa Goodfellow-Mertens, _~ Janice Horak, Treasurer _ ~ -°~ '"'° ~ - 1 """' ~_ .~ . ~ 4 3 f ~~~ ~• - pi r T~ IP14 Airport Commission February 18, 2010 MINUTES IOWA CITY AIRPORT COMMISSION FEBRUARY 18, 2010 - 6:00 P.M. AIRPORT TERMINAL BUILDING PRELIMINARY Members Present: Greg Farris, Minnetta Gardinier, Howard Horan, Janelle Rettig, John Staley (left at 7:30) Staff Present: Sue Dulek, Michael Tharp, Jeff Davidson Others Present: Phillip Wolford, Randy Hartwig, Regenia Bailey, Tim Busch, John Yeomans, Adam Henderson, Joleen Busch RECOMMENDATIONS TO COUNCIL• (to become effective only after separate Council action CALL TO ORDER: Chairperson Rettig called the meeting to order at 6:02 P.M. FY11-15 STRATEGIC PLAN: a) Review summary of vision and mission statements and strengths and weaknesses - Davidson noted that the last meeting went well and they were able to gather some good information for developing this plan. He quickly reviewed the vision and mission statements, noting the one minor revision they had discussed. Davidson then reviewed the strengths and weaknesses that had been identified, noting how they can work these into their goals and strategies. b) Develop goals and strategies for FY2011-2015 -Davidson stated that they are basically ready to begin developing the goals and strategies for FYs 2011 through 2015. He suggested they use the above strengths and weaknesses to then craft their strategic plan. Working off the tables in front of them, Davidson began going through the list of priorities. Members discussed whether or not they would like to have some action taken by the City Council as to the adoption of this plan. After some discussion, it was decided that the Airport Commission will adopt the strategic plan, and then will present it to the City Council. Davidson suggested they highlight the Airport's accomplishments during this presentation. The review continued, with Airport management and structure being discussed next. The current management situation and the airport specialist position were discussed, with Rettig noting that the duties of this position are only going to grow. Members agreed that they would like to re-evaluate the operations specialist position. The next goal discussed was attendance at City Council meetings.. Instead of monthly, Members agreed that a presence of "at least quarterly" at Council meetings would be appropriate. The next goal addressed was weekly meetings between the airport specialist and City staff. Tharp noted that he does attend the weekly staff meetings at City Hall and occasionally he talks to the City Manager's office if needed on issues. Members suggested adding that the operations specialist "will attend weekly staff meetings" to the strategic plan. The discussion continued, with specific wording being crafted as Members added their feedback. Rettig noted that she would like to see them continue communicating the capital improvement projects -both federal and state - 2 Airport Commission February 18, 2010 that take place at the Airport. The review continued, with the development of property in order to support Airport operations being discussed next. The issue of increasing revenues for the Airport, both aviation related and non-aviation related, was noted as a major goal. Communicate with state and federal officials about the value of general aviation funding was suggested next by Rettig. The topic turned to increasing the use of the Airport for aviation and other community uses, with Davidson noting that 24-hour fueling is a major strength. Members agreed that they need to increase marketing of the Airport and a brief discussion ensued on how they might best address this. Rettig noted that they need to get a sidewalk installed on Riverside Drive before they encourage too much community participation at the Airport. The need for more hangar space and how this might best be achieved was discussed briefly. Members next discussed how they can best capture the number of flights - by type - in and out of the Airport, and also increase hospitality efforts. Davidson continued working through the list of goals and objectives, with Members giving input. Additional items covered included an annual report on Airport infrastructure and the budgeting process at the Airport. Davidson further explained how the operating and capital improvements budgets are approached. The discussion turned to the enhancement of the Airport grounds and completion of the viewing area. This includes the need for enhanced signage at the Airport. The need for a sidewalk on Riverside Drive in this area was touched on again, with Members agreeing that this needs to be addressed. Davidson noted that there is an unfunded project in the City's CIP for such a sidewalk. The need for an updated emergency operations plan was the last topic covered. Members agreed that this was best covered under the infrastructure area. Davidson noted that he will have a draft of the strategic plan for Members to review, after which they can work on prioritizing. Staley addressed the commission noting that this would be his last meeting, as his term was expiring. He stated that it has been an honor to serve with everyone on the Commission and noted that he had another time commitment that was conflicting with the commission meeting and that he needed to leave. Rettig thanked Staley and noted that it has been a pleasure working with him as well. Staley then left the meeting. APPROVAL OF MEETING MINUTES: The minutes of the January 21, 2010 meeting were reviewed. Farris moved to approve the minutes of the January 21, 2010 meeting as presented. Horan seconded the motion. The motion carried 4-0; Staley absent. PUBLIC DISCUSSION: John Yeomans noted that he talked with the farm operator and their rent check should arrive soon. ITEMS FOR DISCUSSION/ACTION: Airport Commission February 18, 2010 a. Aviation Commerce Park -Tharp noted that Peggy Slaughter is not present this evening. i. VA Parking Lot Request for Proposals -Tharp next addressed the issue that was raised last month about whether or not the Airport wanted to look into this request for a VA parking lot. He has been looking into this request and he shared some of the details involved. Tharp noted that they could probably come up with around 200 parking spaces, and the remainder could be found within Iowa City. He also talked with John Yeomans about the possibility of using farm ground and having around 600 spaces available there. Yeomans stated that he would have to run this by the farm operator. Tharp noted that he has upcoming meetings with City staff to further investigate this request. Income potential could be around $8,000 per month, according to Tharp. Members continued to discuss the pros and cons of such a proposal, noting the types of upkeep they could be faced with. As the deadline for this proposal is fast approaching, Members decided that they would like for Tharp to go ahead with a proposal for the 200 spaces. b. FAA/IDOT Projects - AECOM -Rettig noted that Hughes is not present this evening, and that due to the winter conditions nothing is happening at this time. c. Building H -University of Iowa Hangar Expansion -Tharp noted that he has what should be the last change order for this project. Final pricing should be in by Monday. Dulek noted that at some point they will need to finalize some issues with AECOM. d. Hertz -Tharp noted that Members have a letter in their packets regarding Hertz's desire for an early exit from their lease. They are planning to relocate this particular branch somewhere else in the area. Horan moved to deny the formal request by Hertz to be released from the remaining term of the concession agreement and parking agreement. Gardinier seconded the motion. The motion carried 4-0; Staley absent. e. 2011 Air Race Classic -Gardinier noted that if the Commission is interested, the Air Race Classic can be theirs. She briefly explained what the 'start site' would encompass if they decided to do this. There is a $10,000 fee involved, and Gardinier touched on how fundraising could be used to cover this. The race begins on Tuesday, June 21, 2011, which means racers would begin arriving the weekend prior. Rettig noted that they need to find a way to cover the $10,000 fee before they commit to this endeavor. Members discussed what they would need to do before they could sign an agreement to host this event, with Tharp noting what he has found out so far from Risk Management on holding such an event. Gardinier will check with the person setting up the Air Race Classic to see when the deadline is for 4 Airport Commission February 18, 2010 committing to next year's race. Members agreed that if a special meeting is needed to address this that they will set something up. f. Corporate Hangar "L" -Tharp noted that they are beginning the RFP for engineering services. He needs to know the timing of this RFP, adding that he would like to get final approval of the firm at the April meeting. Secondly, Tharp stated that he needs to know the best way to get firms to the Commission for approval, whether via a subcommittee or finalist pick by the entire commission. Members continued to discuss this, debating the best way to approach this process. Horan and Farris will work with Tharp on this proposal as a subcommittee. g. Airport Operations: Strategic Plan-Implementation; Budget; Management - Tharp responded to some of the funding questions from last month. He also reviewed some of the repairs done recently. i. Evaluation of Operations Specialist -Rettig asked if Tharp wanted this to be done in a closed session. Tharp stated that it does not need to be. Rettig noted that she met with Tharp yesterday to review this, and she shared her scores with Members. Horan asked that they add something to the effect of keeping a more professional office appearance, and he shared some wording on this. The discussion continued with Members reviewing the main goals of Tharp's position. Rettig asked that Members use the upcoming weekend to review this and add their comments, and then get it back to her for submittal. ii. City naming policy -Tharp noted that the City Manager has asked for input from the various boards and commissions regarding naming processes and procedures. He has asked that they review the current policy and provide any feedback they may have. The City Manager will then compile a revised policy for the Council's review. Tharp asked that Members bring any comments they may have regarding this to next month's meeting. He will then forward them to the City Manager. h. FBO Report -Phillip Wolford of Jet Air addressed the Members, noting that the swap meet was fairly successful recently. Members briefly discussed some snow removal issues on the sidewalk south of the airport. Rettig suggested they write a letter to the City Manager asking for clarification of snow removal. Wolford noted that May 21 and 22 are when they would like to hold an 'open house.' He briefly shared what they hope to be able to do during this event. i. Iowa Flight Training -Tim Busch shared that things are picking up for them as the weather improves. He spoke to Members briefly about some of the new aircraft they are seeing. j. Whirlybirds -Adam Henderson addressed the commission stating things were picking up as well for him. He added that Whirlybird is one of the sponsors for the KCRG and Gazette March Madness and hope to get their name out there. k. Subcommittees' Reports -Farris stated that when spring arrives they plan to do whatever is necessary to get the viewing area completed. Rettig spoke to the Friends of Iowa City Airport contribution and a possible letter to those individuals who did contribute through this. Airport Commission February 18, 2010 I. Commission Members' Reports - Gardinier is donating a flight that will be bid on for the Riverside Theatre fundraiser. Farris spoke to some of the members of the Friday Night Movie event, suggesting the Airport as a possible location. Rettig thanked John Staley again for his service to the Commission. There have been two applications received for his open seat. Rettig noted that she will need to resign from the Airport Commission due to a change in her circumstances. She needs to write a letter to the Council, and is considering waiting until April 1 to do so. She also noted that this is her last meeting as Chair, and that next month a new Chair will need to be elected. m. Staff Report -None. SET NEXT REGULAR MEETING: The next regular meeting is set for Thursday, March 18, 2010, at 6:00 P. M. at the Airport Terminal building. ADJOURN: Farris moved to adjourn the meeting at 9:00 P.M. Horan seconded the motion. The motion carried 4-0, Staley absent. CHAIRPERSON DATE Airport Commission February 18, 2010 AIRPORT COMMISSION ATTENDANCE RECORD YEAR 2010 NAME TERM EXP. 1/21 2/18 3/18 Greg Farris 3/1/13 X X Minnetta Gardinier 3/1/15 X X Howard Horan 3/1/14 X X Janelle Rettig 3/1/12 X X John Staley 3/1/10 X 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 OIE = Absent/Excused NM = No meeting --- = Not a Member IP15 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 10, 2010 - 5:00 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Le Ann Tyson MEMBERS EXCUSED: Caroline Sheerin STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: Mike Streb RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Vice-Chair Barbara Eckstein at 5:00 p.m. An opening statement was read by Eckstein outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Anderson, Eckstein, Jennings and Tyson were present. CONSIDERATION OF THE MINUTES FOR JANUARY 13T" 2010: Anderson offered two typographical changes to the minutes. Eckstein offered three typographical changes. Tyson motioned to approve the minutes as amended. Anderson seconded. The motion carried 4-0 (Sheerin absent). Iowa City Board of Adjustment February 10, 2010 Page 2 of 7 SPECIAL EXCEPTIONS: 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. Eckstein said that she would like to entertain a motion to defer the special exception application for Ace Auto Recyclers. Anderson asked if it would be appropriate to ask if any of the Board members in attendance at last month's meeting had changed their minds upon further consideration of the case. Greenwood Hektoen said she believed that substantive discussion should be avoided as the applicant has requested a deferral. Walz said that would be an appropriate discussion to have in the future. Eckstein asked if it was correct that the applicant had requested a deferral because all five of the members of the Board would not be present at this meeting, as was the case at the last meeting, and a vote of only two members would mean denial of the application. Walz said that was correct. Jennings moved to defer EXC09-00009 until the March 10th meeting. Tyson seconded. The motion carried 4-0 (Sheerin absent). EXC09-00010: Discussion of an application by Regina High School for a special exception to allow the expansion of a general education facility in the Low Density Singte Family Residential (RS-5) zone at 2150 Rochester Avenue. Walz said that Regina explained that a special exception to expand general education uses; Regina is a private high school located in a residential zone. Walz said that in this particular case, Regina wishes to replace an existing press box with a new one. She said that typically an expansion that small would not require a special exception; however, the original press box was built a long time ago without the necessary special exception and without a building permit. As a result, the expansion of the press box is considered a "new" building and, because it is more than 500 square feet, it is subject to the special exception process. Walz said that in the scope of a campus as large as Regina's, this is a relatively small facility. She said the structure is associated with high school athletics, which are anticipated uses associated with high school sites. Walz said that compatibility with adjacent uses is the really critical matter involved in this special exception. She said that this is not a facility that will generate additional traffic necessarily, as it is a use that already exists on the site that is simply being expanded. Walz said that the applicant had not provided a site plan that showed a setback distance; however, measuring from aerial views staff could tell that the established setback was Iowa City Board of Adjustment February 10, 2010 Page 3 of 7 approximately 80-90 feet. She said that staff recommends that the setback be required to be no less than 70 feet in order to maximize the distance between the press box use and the adjacent residential uses. Walz noted that the active side of the press box faces toward the baseball field and away from the residential zone, as do the loudspeakers. As a result, most of the activity associated with the press box will be projected away from the adjacent residential uses. Walz said that the full set of specific criteria that would be in effect if Regina were attempting to build a school or a large facility on the site did not apply to the rebuilding of this small press box. Walz went over the general standards. She said the expansion is modest in size and is not generating additional traffic to the site; it faces away from the residential area and will not alter the sound or lighting of the baseball facility; therefore, it is not detrimental to, nor does it endanger the public health, safety, comfort or general welfare. The use would not be injurious to the use and enjoyment of property in the immediate vicinity and would not substantially diminish or impair property values in the neighborhood for those same reasons. Walz said that the proposed press box is replacing an existing press box, which has operated on the site for some time without apparent issue. Walz said that the normal and orderly development or improvement of surrounding properties would not be impeded for those same reasons. Walz said that all required utilities and access roads are already in place at Regina. Staff does not feel that ingress or egress are a problem that will result from this particular use; although Walz noted that future expansion of the high school facility could result in ingress/egress issues-this was noted in the staff report. The specific proposed exception does conform to all other applicable regulations and standards of the zone, and will be verified by the building official at the time of permitting. The Comprehensive Plan shows Regina as an institutional use on this site, so the press box does comply with the Comprehensive Plan. Staff recommends that EXC09-00010, a special exception for the expansion of a general educational facility to construct atwo-story 16 x 22'/2 accessory building in the Low Density Single-Family Residential (RS-5) zone at 2105 Rochester Avenue, be approved subject to the following: 1) Substantial compliance with the plans and elevations submitted with this application; and 2) A minimum 70-foot setback from adjacent residential properties. Eckstein invited questions for staff. Jennings asked if he was correct in understanding that the proposed structure would replace the existing structure, not be an addition to the current structure. Walz said that was correct. Jennings asked if there were any concerns about the fact that the structure is doubling in size. Walz said that the size of the structure was still not large enough to raise concerns for staff. He noted that the structure is referred to throughout the staff report as a press box; however, the increased size may make it more appropriately called a storage structure. Greenwood Hektoen said that it might be a distinction without a difference in that it did not really matter whether it was a storage unit or a press box. Walz said that she believed the principal use that would be of concern to neighbors would be the press box aspect of the structure as it would generate noise and be the most active aspect of the use. Jennings said that once the building is there it could become a concession stand or any number of things that could be of concern to Iowa City Board of Adjustment February 10, 2010 Page 4 of 7 neighbors. He said that neighbors may not want to be subjected to the smell of popcorn or hot dogs, or the trash that could be generated from a concession stand. Walz said that was true, but that the open part of the building faces the baseball field. She said that if the plans had the opening on the residential side of the building, staff would have a concern about that. Jennings said that his question was that the Board may wish to approve a press box/storage unit but may not wish to approve any conceivable future use, such as a concession stand cut out on the residential side of the building. Walz said the Board could place additional conditions on the structure if they though this was appropriate. She said that if the Board articulated in its findings of fact that the uses all faced away from the residential neighborhood, then that could also serve as a prohibition from uses facing the neighborhood in the future. She noted that it has been the case in the past that a building with a special exception has been altered years down the road, a neighbor complains, staff finds support in the findings of fact for disallowing such a change, and the owner is asked to remedy the situation. Jennings said his main concern is in defining the use through the building's name; if it is a press box/storage facility then call it that. Walz said that it might be most appropriate to refer to it as an accessory building, as the use might change over the years. Greenwood Hektoen noted that the staff recommendation does not call the building a press box; rather, it refers to the structure as a "two-story 16 x 22'/2 foot accessory building." Jennings noted that it is referred to as a press box in different places in the report. Eckstein said that the staff report speaks of the close vicinity of Hickory Hill Park to the proposed structure. She asked if the zoning code speaks to the rights of park users in a way that might be relevant to the Board's decision. Walz said that the code does not explicitly address that issue, but the Board could certainly consider the impact of the proposed use on the adjacent park. Greenwood Hektoen said that zoning rights generally involve parties with ownership interests. She said visitors to properties are not usually considered by the code as having vested interests. Eckstein asked if the City then would be the protector of the park and its uses, as it is the owner of the property. Walz said that was correct, but that she could think of circumstances in the special exception process where the impact on a park or other surrounding neighborhood could be a factor. Eckstein asked if it would be appropriate for the Board to reiterate staff's suggestion that another access point to the Regina campus would be wise at some point in the future. Greenwood Hektoen and Walz said that leaving the suggestion as a part of the staff report would be more appropriate. Greenwood Hektoen said it could be worked in as part of a finding of fact. Walz said it was included in the staff report as a way of reminding the applicant as well as the staff itself about the issue if and when an application is made in the future that involves the expansion of Regina. Eckstein opened the public hearing. Mike Streb, member of the Building and Grounds Committee of the Regina Board of Education, said he has been working with the Regina booster club. He said it is the booster club's desire to have a more suitable press box for the baseball field. He said that the staff report was very thorough and that he had very little to add to it. He said that to have a press box, a second level is required, and it is only logical to use that space underneath for storage of mowing and baseball equipment. He said the concession stand is up at the main building; a situation that is working fine. He said there need not be concerns about the facility being converted to a Iowa City Board of Adjustment February 10, 2010 Page 5 of 7 concession stand as it would not be workable for that use. He said he appreciated staff's help in the matter. Tyson asked where the concession stand is. Streb explained that it is up at the main building, and that a lot of people put their lawn chairs on the hill near the concession stand east of the baseball field. Jennings noted that he was not specifically concerned about a concession stand per se, but that the doubling of square footage could leave the use open-ended. Streb said that his understanding from talking to the baseball coaches is that the current quarters are pretty cramped. He said that because the current building is totally non-compliant there is no good way to fix what is there. Streb said he thinks the thought was that if a whole new building must be built, additional space should be factored in. Eckstein invited comments or questions from the Board. Anderson noted a discrepancy in the application number as listed in the staff report. Eckstein closed the public hearing. Tyson motioned to approve EXC09-00010, a special exception for the expansion of a general educational facility to construct atwo-story 16 x 22 '/Z accessory building in the Low Density Single-Family Residential (RS-5) zone at 2105 Rochester Avenue, subject to the following: 1) Substantial compliance with the plans and elevations submitted with this application; and 2) A minimum 70-foot setback from adjacent residential properties. Anderson seconded. Eckstein invited findings of fact. Jennings found that the structure is compatible with adjacent uses as there is a similar use already present on the property. The new facility expansion will not generate any additional traffic, noise or other disruption for the neighborhood. Its use is governed under city statute in terms of noise and other criteria. The structure is modest in size, and will be set back no less than 70 feet from the adjacent residential property. Its primary uses face away from the residential property, and will not increase the use of the site, nor alter the sound or lighting of the baseball field. Jennings said that adequate utilities, access roads and drainage facilities are already in place for the high school. Jennings said that adequate measures have been taken regarding ingress and egress. He noted that there are unrelated ongoing traffic issues with the Regina campus that should remain at the forefront of any future proposed changes or expansions. Anderson said he had no additional findings. Eckstein noted that the new building will replace the current structure and the current structure will be removed. Iowa City Board of Adjustment February 10, 2010 Page 6 of 7 A vote was taken and the motion carried 40 (Sheerin absent). OTHER: Jennings proposed that the Board's regular meeting time be moved to 5:15 p.m. as his work schedule makes the 5:00 time difficult. Anderson said that 5:30 would be preferable for him. Tyson asked what the history is behind the 5:00 meeting time. Walz said that the meeting times can be moved to accommodate the schedules of current board/commission members. Eckstein said that 5:15 would be better for her. The Commission agreed to schedule the next meeting for 5:15 p.m. ADJOURNMENT: Jennings motioned to adjourn. Anderson seconded. A vote was taken and the motion carried 4-0 (Sheerin absent). The meeting adjourned at 5:39 p.m. ~+ ~_ Q L 0 m 0 N O ^V W ~A, W V Q a~ s O N O M O OD O O~ O~ ~O N ~' s Q O M x x x o x N x o x x x V1 N ~' V) M L ~ ~ ~ ~ y"c. o 0 0 0 0 ~ W O O O O O = C = 'i ~ ~ ~C bA ~ O ~ V C t H . eC Q ~ C ~ ~ Z ~ ~ L °' a i ~ o C ~ m ~ V ~ N x~ W a.+ ~ C C N ~ ~ Vf N ~ Q Q .-. N C O a a G N ~-+ N a.+ O C c~ .a u 0 L fd N bq C ~L C b.0 .~ L L L .~ L L N bc.0 •~, a~ N ~ ~ Z Z X O O z w 03-11-10 IP16 MINUTES PRELIMINARY PARKS AND RECREATION COMMISSION FEBRUARY 3, 2010 - 5:00 p.m. MEETING ROOM A, ROBERT A. LEE COMMUNITY RECREATION CENTER Members Present: Clay Claussen, Lorin Ditzler, Maggie Elliott, Craig Gustaveson, John Westefeld Members Absent: David Bourgeois, Aaron Krohmer, Margaret Loomer, Jerry Raaz Staff Present: Mike Moran, Terry Robinson Others Present: Andy Dudler RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None AFFILIATE GROUP DISCUSSION: This meeting was scheduled for the Commission Members to discuss the ongoing issue of how the Parks and Recreation Department should move forward with an affiliate group fee structure policy. Moran reminded Commission that this topic came up when the Commission was reviewing the contract with Dog PAC. It is also the desire of staff to start collecting from these groups to help in recouping costs incurred by the department. It was also initially thought to be necessary to assist with the budget deficit as well. That has since been determined to not be the case by City Council. However, staff still feels it is time to discuss this issue and draft a policy for Council to consider. Another part of tonight's discussion will include the issue of waiving fees for those who donate a greater amount to the department than what their usage fee would total. In other words, if Commission agrees to charge 10% of the total actual fee for facility use, then that 10% of the donation would go into the general fund. The proposal for consideration tonight reads as follows: Affiliate youth sporting groups would be charged an initial fee of 10% of the actual cost with a goal of reaching 40% over a number of years. 2. Affiliate groups that rent rooms would be asked to pay 50% of the rental costs. However, with the usual recovery of 40% of non property tax support, it may be better to have them pay 40%. 3. Options for Social Service agencies could be one of the following: a. Determine social service agency discount by tax code. PARKS AND RECREATION COMMISSION February 3, 2010 Page 2 of 5 b. Determine that social service agencies are exempt from any fees. c. Allow social service agencies to pay 10% of actual cost. d. Allow social service agencies to pay the same as other affiliate organizations. Moran's final proposal to the Commission was to abandon the idea of any fees for any of the affiliate groups. Gustaveson noted that he feels with all of the time and work that has gone into this policy that abandoning this idea is not an option. The idea is for these groups to begin paying fees in FY11. Gustaveson suggested that the Commission then review this policy on an annual basis and determine then if it is necessary to increase the fees to the next level. If at that time it is decided that budgets are good etc., then their fees would not increase at that time. Moran stated that there will be legal documents drawn up and signed by each group involved. Claussen stated that he likes the idea of reevaluating the fees annually. He stated that often when people see the 40% over time, they only see the end result. He agrees that there is a need for a fee structure. Westefeld asked Moran what staff would like to see. Moran stated that staff is in agreement that a fee structure is necessary. They know that maintenance costs are only going to increase and it is time to start recouping some of that expense. They feel that 10% is an acceptable starting point. Moran discussed a proposal brought forth by Gustaveson. That is to waive the fee in those cases where organizations donate money that equals or exceeds the amount of their rental cost. It was the feeling that billing them for their usage may actually prove as a loss for the department as some may choose to pay that fee but no longer donate money for the facilities and their maintenance etc. Gustaveson used Riverside Theatre as an example. If charged the full rental fee for the facility it would have totaled $29,000. If they are charged the 10% that is proposed this then would total $2,900. In an agreement with the City they currently pay $1 per ticket sold to the department. In 2009 that amounted totaled for $4800. Westefeld asked if all of the affiliate groups contribute money to the City. Moran reported that they do not. Kickers contribute annually and Girls Softball contributes when there is a need. Boys Baseball contributed money for diamonds 30 years ago and Babe Ruth contributed some towards the concession project. Ocean Waves gives $350 per year to the Recreation Center. Ditzler said that her understanding then is that the idea is that nonprofit groups will pay a minimal fee, for profit and private groups will pay 100% and social service groups will pay no fee. Moran confirmed that to be the case as per the draft proposal. Elliott noted that she is still opposed to the idea of collecting fees from these groups. In reviewing the Master Plan her understanding is that the overall vision is to find creative ways to gain revenue. She feels this plan is somewhat disjointed. She does, however, PARKS AND RECREATION COMMISSION February 3, 2010 Page 3 of 5 like the consistency of the plan but she is not comfortable with the process. She feels that there are more ideas that should be looked at. She mentioned that one suggestion is to look at the different type of activities and to determine their percentage paid based on that. Moran reported that a lot of the Master Plan is focused on fund raising efforts to produce revenue. He said that when Steve Atkins was the City Manager, he was not in support of fund raising or selling advertising etc. However, a new City Manager may feel differently. He further noted that the percentage of fees collected is related to adult, youth and special population programs. Elliott asked if this breakdown fits in with the overall philosophy. Moran said that the department has not identified these percentages; therefore, this philosophy has never been used. As the Master Plan suggests this philosophy, the department settled on 40% because that is what we already have in place-we try to make ourselves 40% self-supporting and only using property taxes for the rest of the budget. However, he feels that starting at 10% and reviewing annually will be better accepted by the groups. Claussen said that he would push for these groups to do their own fundraising as when he was working with Girls Softball they actively sought sponsorships. Elliott asked how this new policy would affect the agreement the City currently has with DogPAC. Moran said they are not included in this policy as we have a separate agreement with them which will be reviewed in June of 2010. Westefeld asked if the vote on this policy would take place at the Commission Meeting scheduled for February 10. Moran confirmed that to be the case. Gustaveson further stated that the idea of tonight's meeting is to finalize the proposal. He felt that there was a need for more discussion regarding the social service groups. Ditzler said she liked the idea that came up at a previous discussion where a social service agency serving more than a 50% low income population would not be charged a fee. Claussen asked who these groups would consist of and what do they do at the Recreation Center. Moran reported that one of these groups is the Neighborhood Centers of Johnson County who uses the Grant Wood gym for their before and after school program. They also use meeting space and fields in the summer for activities; therefore, they are providing recreation programs to their clientele. Gustaveson said that he is in agreement with the proposal regarding Social Service agencies. Claussen asked how the income level is determined. Moran reported at this time it is based on 130% of the federal poverty guidelines to qualify for the department's low income discount. This happens to be the same as what the school district uses for their discounted and free lunch program. Gustaveson reported that when presenting to the entire Commission the policy will state that starting in the fiscal year 2011 the City will charge affiliate sport groups 10% of the actual fee with an increase up to 40% over a several year period and based on an annual review; affiliate groups that rent rooms would have the same fee structure and social service agencies that serve more than 50% of low income would be exempt. PARKS AND RECREATION COMMISSION February 3, 2010 Page 4 of 5 Ditzler suggested that the 40% statement be removed from the policy and just state that fee changes will be based on an annual review. Gustaveson feels it is necessary to mention the 40% so that the groups know that there is a cap to what can be charged. Westefeld reminded Gustaveson to also list that those who contribute at or more than their 10% fee would not be billed. Ditzler mentioned that she would like to see a definition of what an affiliate group is. Gustaveson asked if donations stay within the organization or if they go to the general fund. Moran reported that 10% would go into the general fund and the remainder would be used at that particular facility for maintenance and new construction costs etc. Westefeld said that he feels that each of the concerns brought up by the groups have been addressed and resolved within the policy and feels it is very reasonable. Elliott suggested that when these fees are evaluated annually that there also be a report provided that shows the amount of costs recovered by the department due to this policy. Moran will draft a policy for Commission review and a vote at their February 10 meeting. If approved, then this policy will go to the Council for their review. If approved by Council then a memo with a copy of the policy will be sent to the affiliate groups. He will be sure to notify the affiliate groups of the date that this will go before Council so that they may attend the meeting. ADJOURNMENT Moved by Elliott, seconded by Clausen to adiourn the meeting at 5:45. Motion passed 4-0 with Bourgeois Krohmer, Loomer, Raaz, and Ditzler being absent. Ditzler departed the meeting at approximately 5:30 p.m. PARKS AND RECREATION COMMISSION February 3, 2010 Page 5 of 5 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2010 NAME M ~„~ O O ~ N 07 ~ r r r O r ~ ~ O`0 TERM r ~ N r N r M r ~ r ~ ~ CO ^ ~ 07 ° ar- N r EXPIRES David 1/1/11 O/E O/E Bourgeois Clay 1/1/14 X X Claussen Lorin 1/1/13 O/E X Ditzler Maggie 1/1/13 X X Elliott Craig 1/1/11 X X Gustaves on Aaron 1/1/13 X O/E Krohmer Margaret 1/1/12 X O/E Loomer Jerry Raaz 1/1/12 X O/E John 1/1/14 O/E X Westefeld KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time IP17 MINUTES PRELIMINARY PARKS AND RECREATION COMMISSION FEBRUARY 10, 2010 - 5:00 p.m. MEETING ROOM B, ROBERT A. LEE COMMUNITY RECREATION CENTER Members Present: Clay Claussen, Lorin Ditzler, Craig Gustaveson, Aaron Krohmer, Jerry Raaz, John Westefeld Members Absent: David Bourgeois, Maggie Elliott, Margaret Loomer Staff Present: Mike Moran, Terry Robinson Others Present: Beth Beasley, Maeve Clark, Andy Dudler, Ann Dudler, Jen Jordan, Fred Meyer, Lois Pavelka, Don Swenson, Sandra Swenson, Lois Pavelka, Dave Rublack, Anissa Stewart RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Moved by Ditzler seconded by Westefeld to approve the Affiliate Group Usage Policy as written Motion passed 6-0 with Bourgeois, Elliott, and Loomer being absent. Moved by Krohmer, seconded by Westefeld to change the hours of the Wednesday evening Iowa City Farmers Market to 5-7 p.m. (previously 5:30-7:30 p m ), to offer free parking in the Chauncey Swan parking ramp and the Recreation parking lot during the Saturday morning markets, to recommend to council the revision of an ordinance to allow expansion of the Saturday morning farmers market onto East Washington Street and to recommend to council the revision of an ordinance to allow the sampling and sales of alcohol during the Iowa City Farmers Markets. Motion passed 6-0 with Bourgeois, Elliott, and Loomer being absent. CALL TO ORDER Meeting was called to order at 5 p.m. by Chairman Gustaveson. OTHER FORMAL ACTION TAKEN: Ditzler noted a change to the January 13, 2010 minutes. In the adjournment section revise "Loomer, O'Leary and Raaz being absent" to Bourgeois, Ditzler and & Westefeld being absent. Moved by Westefeld, seconded by Raaz to approve the January 13, 2010 Parks and Recreation Commission minutes as amended. Motion passed 6-0 with Bourgeois, Elliott, and Loomer being absent. PARKS AND RECREATION COMMISSION February 10, 2010 Page 2 of 8 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None ECO IOWA CITY GRANT PRESENTATION: Maeve Clark from the Iowa City Library Information Services, Jennifer Jordan, Recycling Coordinator from the City of Iowa City Landfill and Fred Meyer, Director from Backyard Abundance gave a presentation to the Commission regarding the Eco Iowa City Grant. Jordan reported that this grant has been received by the Public Library and the Department of Public Works Landfill Division in the amount of $57,000. The premise of this grant is to get libraries to work with their municipalities to improve relationships in the entire community with the focus being on sustainability within four areas. These areas include urban storm water management, local foods, urban compost and energy efficiency and smart waste disposal. Eco Iowa City has had a presence at many community events over the past year including the Iowa City Farmers Market. Clark reported that they have been working in cooperation with the Parks and Recreation Department to build a demonstration garden. The Eco Iowa City group met with Mike Moran and Joyce Carroll from Parks and Recreation and developed this idea further with the plan to place a garden on the north side of the Recreation Center building. Eco Iowa City contributed half of the cost for the fence for this garden area. This evening the group presented a banner to the Commission and the Parks and Recreation Department featuring the name of this garden "The Children's Discovery Garden." The Recreation Department is already offering some classes that incorporate this garden idea and will be offering many more classes this summer and in the future. The group thanked everyone for their contribution and partnership in this program. The Children's Library is very excited as well as this will give many opportunities for joint programming. The grant will end in the fall, however, this project will continue on. Fred Meyer, Director of Backyard Abundance which is a local nonprofit working with Eco Iowa City presented. He stated that the mission of Backyard Abundance is to help people learn their part of nature by teaching them how to create lush, vibrant, natural spaces that are modeled after healthy ecosystems. It excites him that this project will allow them to do just that. The goals of the garden project and construction plan were outlined in a handout distributed to the Commission. He reported that in general they wanted to create a space that brings children and adults together to learn about nature, teach them how to work with nature and how to plant and grow. They also wanted to create something that would provide growth all year round. The garden will include a path that will actually encourage people to cut the corner and walk through the garden. There will be several vegetable beds where children can get ahands-on experience with gardening. The children will have the opportunity to learn about different root systems and light requirements with the multiple ground covers and shrubs. Also with the large amount of ground cover, there will not be as much of a need for mulching. The group will be working with local growers when ordering their plants. Westefeld noted and asked about the music area and secret areas listed on the plan. Meyer noted that each area will have a specific purpose. The music area will incorporate sound by hanging some things that children will be able to play with and make sound. The secret area is a place where kids can get away from everything else but still be seen. Meyer reported that it will take 2 to 3 years to get the area completely PARKS AND RECREATION COMMISSION February 10, 2010 Page 3 of 8 up and running but once that is done, it will require very little maintenance. Clark noted that they are very pleased with the location and its proximity to the farmers market. Commission thanked the group for their time, effort and partnership in this program. AFFILIATE GROUP DISCUSSION: Moran sent out the Affiliate Group Usage Policy for review by the Commission. Some of the Commission met on February 3 to discuss this policy in-more detail. Gustaveson reviewed the proposed policy. Private, for profit groups will pay 100% of the fee associated with the cost of rentals. Affiliated public nonprofit groups will pay 10% of the associated rental costs which will be reevaluated annually to determine if fees need to increase. Their total cost will never exceed 40% of the associated fee. Social service groups that serve 50% or greater of low income population will not be charged a fee for facility usage. A concern that was discussed further was regarding those groups. that donate money on an annual basis. Their donations may be greater than what their fee would be. Staff and Commission do not want to discourage them from donating that money. Therefore, it was determined that if their donations cover the cost, their fee will be waived. They do not want these groups to feel as though they are being charged twice. Moran stated that if the Commission approves this policy, he will write a memo to Council and discuss at a future Council meeting. The affiliate groups will be informed of when that will take place giving them the opportunity to attend. Claussen noted that one of the things Commission wanted to establish was that the 40% final cost is not definite, that it will be reviewed annually and will only increase if necessary. His fear is that groups may only be seeing the 40% and not realizing it is in 10% increments over several years and only if it is determined necessary after a review. Gustaveson said that all who attended the February 3 meeting were in agreement that with all of the time and effort put in to this proposed policy, that now is the time to move forward and implement such a policy. Moved by Ditzler, seconded by Westefeld to approve the Affiliate Group Usage Policy as written. Motion passed 6-0 with Bouraeois, Elliott, and Loomer being absent. FARMERS MARKET DISCUSSION: Neumann welcomed the Farmers Market vendors who attended. She reminded Commission that she handed out the survey results and her suggestions for the market to them at the February meeting for their review. Her suggestions are as follows: 1. Change the hours of the Wednesday markets to 5-7 p.m. (previously 5:30- 7:30). 2. Leave the market in the ramp while expanding it out onto East Washington Street allowing for a few open air vendors to set up. She further noted that there have been concerns of pedestrian safety as well. PARKS AND RECREATION COMMISSION February 10, 2010 Page 4 of 8 3. Free Parking offered in Chauncey Swan Ramp and Recreation Center Parking Lot on Saturday mornings. Parking is currently free on Wednesday. (Moran noted that that the department did budget $10,000 to reimburse the Parking Division for this privilege.) 4. Increase the number of vendors on Saturdays. Westefeld asked Neumann how staff will determine which vendors will go onto East Washington St. She reported that there are currently 50 names on the waiting list. Her desire is to choose vendors who offer items that are not currently inside the market. However, depending on the number of stalls available, their may have to be some repeat items offered on the street as inside the market. She would like to move the grilling vendors from the park to this area as well. She will also offer this space to vendors who currently hold stalls inside the market with the understanding that if they move to this area, this will then become their permanent stall. She also noted that there were a lot of requests on the surveys asking for wine sales at the market. Moran will be asking Council for an ordinance change to allow such. Westefeld asked what would be the policy for bad weather for these vendors that are set up outside. Neumann said that as in other open air markets, it will be left up to the vendor whether or not to attend. Claussen asked how the department would go about blocking the streets. Neumann reported that she will be working with several departments such as Public Works, Fire, Police, and Planning. Claussen likes the idea of vendors on the street as this will allow more visibility of the market. Ditzler asked what kind of comments were made on the survey regarding parking. Neumann reported that a number of surveys noted negative comments regarding parking, most of which complained about the fact that there is a charge to park during the market. She also reported that farmers markets that she has attended have all offered free parking during their market. Ditzler was concerned about the $10,000 budgeted for this privilege. Neumann reported that most of that will be recovered through vendor fees. Raaz asked what free parking really means. Neumann noted that it would include just the Chauncey Swan Ramp and the Recreation Center Parking Lot, not other city lots of meters. The City Hall Parking Lot will also remain free as it has been in the past seasons. Raaz noted that it will be very important to communicate to the community clearly just where the free parking will be offered. Claussen asked if there are signs posted away from the site directing people to the area. Neumann stated that there are signs that are put up on Washington, Gilbert and Burlington Streets on market days. Neumann added that the Downtown Association has expressed interest in having a farmers market in the downtown district. Gustaveson stated that DTA has wanted that for the past couple of years. He feels that the market in its current location is something that has been in place for a number of years, and after the response last year when the City considered moving it to Iowa Avenue, it really showed how important this market is to the community and the vendors and how much the current location is preferred. Neumann reported that 69% of those surveyed like the market in the Chauncey Swan Ramp. Gustaveson asked for comments from any of the vendors that were in the audience PARKS AND RECREATION COMMISSION February 10, 2010 Page 5 of 8 Anissa Stewart, Farmers Market Vendor, asked if there would be free parking offered during the Holiday Markets (held in November and December) as well. Neumann said that she has not asked for that but would address that with the Director of Transportation. Don Swenson, Farmers Market Vendor, stated that he believes the farmers market to be a business, not an event, not a carnival, and that it is people's livelihood. He said that he can understand the desire to have something more festive, perhaps in a downtown area that perhaps merchants might want to have, however, that is quite different than the function of a farmers market. Lois Pavelka, Farmers Market Vendor, expressed her gratitude to the Commission and to Neumann for the work she has done for the Farmers Market and that she really appreciates it. She said she cannot say enough good things about the market as it is such an important part of their livelihood on the farm. She asked how the Wednesday time change will affect the parking in the ramp. Neumann reported that Chris O'Brien, Director of Transportation Services (including Parking), is working with her on several different options. It has not been determined at the time of this meeting exactly how this will be handled. NOTE: Since this meeting, O'Brien has informed Neumann that there will be no parking allowed in the market area on Wednesdays after 4 p.m. Swenson further stated that there is a need for better signage along the creek side of the Recreation parking lot as many people park their illegally. Moved by Krohmer seconded by Westefeld to change the hours of the Wednesday evening Iowa City Farmers Market to 5-7 p.m. (previously 5:30-7:30 p m ), to offer free parking in the Chauncey Swan Parking Ramp and the Recreation Parking Lot during the Saturday morning markets, to recommend to council the revision of an ordinance to allow expansion of the Saturday morning farmers market onto East Washinaton Street and to recommend to council the revision of an ordinance to allow the sampling and sales of alcohol during the Iowa City Farmers Markets. Motion passed 6-0 with Bourgeois, Elliott, and Loomer being absent. COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS: Westefeld expressed his gratitude to Terry Robinson and his department for all of the work they have done during this difficult winter. Ditzler said that reading through the staff reports she is pleased to see that more staff are noting how their actions are fitting into the master plan. She would encourage all staff to do the same. Krohmer asked how long the staff will be monitoring the pool reports etc. before looking at the possibility of changing the Recreation Pool hours. Moran reported that the plan is to monitor these for two seasons. Krohmer also stated that in reference to the master plan, now that we have gone through the affiliate group and budgets, if at some point in the next several months the group should again sit down and go through the goal section of the master plan point by point. Moran said that he too would like to PARKS ANC RECREATION COMMISSION February 10, 2010 Page 6 of 8 reevaluate the prioritization list and he hopes to start this process within the next month. Krohmer noted that after reviewing the CIP plan, he found that a fair amount of money has already been funded for trail construction etc. He reminded Commission that Council felt that some of the plans presented to them by Parks and Recreation were overly ambitious. He would like the Commission to show a power point presentation to the Council showing them that they have already funded many projects and thus proving that perhaps Parks and Recreation is not being overly ambitious. He feels that after looking at what they have already funded, perhaps they could look at actually making it more ambitious in future years. Raaz agreed with comments regarding the Master Plan. He would like to see it placed on the agenda quarterly. Westefeld said that in response to that comment, he thinks that things are indirectly happening mentioned in the master plan. For instance the Eco Iowa City Grant Presentation, Affiliate Groups and the Farmers Market -all three of these things can dovetail back to several points that were made in the Master Plan. He agrees that placing it on the agenda on a regular basis is important. Claussen would like to physically visit the sites that the Commission is responsible for. Gustaveson informed him that the Commission does schedule an annual tour of facilities. He stated that it would be nice to visit these places as they are added or changed periodically. CHAIRS REPORT: Gustaveson stated that he too would like to see the Commission focus on the Master Plan, further stating that we have been given a document that gives direction into the future. DIRECTORS REPORT: Gift Naming Policy & Scheduling Special Events: Commission packets included a memo from Dale Helling to all of the boards and Commissions regarding a proposed naming policy. The three guidelines recommended are as follows: 1) No public structure or any part of a structure is named strictly in recognition or in exchange for money. (Moran feels that this idea could negatively affect our foundation for fundraising efforts. Perhaps there should be at least some dollar amounts or guidelines added to that.) 2) Naming of a building etc. cannot be done until after 10 years of an individuals death. (Moran noted that this could affect Parks and Recreation in a number of areas as if you review in the past they have named facilities after people who are still living such as Robert A. Lee Community Recreation Center, Scanlon Gymnasium, and it was proposed before Terry Trueblood passed away to name the Sand Lake Facility the Terry Trueblood Recreation Area. He feels that ten years may be too long of a period of time after a death to do this.) 3) This section was regarding the processes for this policy. Moran had no comments for this section of the plan. Moran would like the Commission to review the proposed policy and they will discuss in more detail at the March 2010 meeting. Ann Dudler from DogPAC asked if the public may have any say on this policy. Moran reported that those groups associated with the City were allowed to comment so he believes they could be included in this conversation. PARKS AND RECREATION COMMISSION February 10, 2010 Page 7 of 8 Gustaveson said he is not happy with the details of this policy. He believes that these requests should be reviewed on a case by case basis. He agrees that there is a need for a policy but feels it needs to be somewhat loose. He and Moran agree that this policy could negatively affect fund raising efforts by the Parks and Recreation Foundation. Gustaveson suggested that an email go out to the Commission, the Foundation and to affiliate groups letting them know that the Commission will be discussing this in detail at the March meeting and that they are all welcome to attend and comment. JC DogPAC Tag Sale Income Report: Moran reported that he had included copies of the DogPAC tag sale income report in the Commission packets. Moran referred any questions or comments to Andy Dudler who was in the audience. Moran reminded Commission that the DogPAC agreement renewal is coming up in June an that one of the things that has been suggested is perhaps some of the funds go towards the hiring of staff to monitor the dog parks to enforce the rules. He further noted that based on experience and what he is being told that there are between 70%-80% of the people that are visiting the dog park do not have a dog park tag. Dudler reported that DogPAC would be willing to have volunteers available to do the education portion of this program and then give the people the option to buy the day pass or tag on-site. For those people who refuse to cooperate, the volunteer could call a safety officer to actually enforce the rules. Dudler reported that they did a poll at Thornberry last spring where someone sat there for several hours and approximately 60% of the people that came into the park did not have tags. She offered to do this again if Commission and Staff desired. She also noted that regarding financial reports, they are going to look different in the coming years as beginning this year they now offer a 3 year dog tag. Therefore, the report could show a sharp increase in income this year but in following years will slow down significantly. Terry Trueblood Recreation Area: Moran reported that Snyder & Associates will be present at a future meeting to go over Phase II plans for the Terry Trueblood Recreation Area. Iowa City Eels Swim Club: Recreation staff will be attending an ICE board meeting in the near future to ensure the board of the departments support in lieu of the University of Iowa Recreation Services starting a new swim club. School District: The Iowa City School District has received a grant to place computers for public use at Grant Wood Elementary School. Moran is also working with the school district regarding plans for a new elementary school. It is his desire to incorporate a west side recreation facility as part of this school. ADJOURNMENT Moved by Westefeld, seconded by Raaz to adjourn the meeting at 5:15. Motion passed 4-0 with Bourgeois, Elliott, and Loomer being absent. PARKS AND RECREATION COMMISSION February 10, 2010 Page8of8 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2010 NAME M r. M ` O r O r tt N r ~ . ~ r ~ •" OO ~ ~M... ~ O nJ TERM ~ N N M v ~n ~D ~ oo °' ° EXPIRES David 1/1/11 O/E O/E O/E Bourgeois Clay 1/1/14 X X X Claussen Lorin 1/1/13 O/E X X Ditzler Maggie 1/1/13 X X O/E Elliott Craig 1/1/11 X X X Gustaves on Aaron 1/1/13 X O/E X Krohmer Margaret 1/1/12 X O/E O/E Loomer Jerry Raaz 1/1/12 X O/E X John 1/1/14 O/E X X Westefeld KEY: X = Present O = Absent O/E = AbsentlExcused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time