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HomeMy WebLinkAbout2010-04-22 Info Packet~ i ~~~®~,~ A ~®1~~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET April 22, 2010 APRIL 26 SPECIAL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Community Development Planner: The Housing Fellowship - FY10 HOME Affordable Rental Housing Project IP3 Memorandum from the City Attorney: Exceptions to "Legal Age" Bar Entry Requirements and Alcohol and Gaming Device Prizes IP4 Summary of Pending Work Session Issues MISCELLANEOUS IP5 Memorandum from the Interim City Manager: Flood Recovery and Mitigation Update IP6 Memorandum from the City Attorney and Assistant City Attorney: Cooperatives and property taxation IP7 Memorandum from the City Clerk: Scheduling Opportunities IP8 Memorandum from the Director of Planning and Community Development: Northside Marketplace streetscape reconstruction IP9 Memorandum from the Administrative Assistant to the Interim City Manager: 2010-2011 Deer Management Recommendation IP10 Memorandum from the Associate Planner: Dubuque Historic Preservation Financial Incentive Programs IP11 Memorandum from the Library Director: Library Project Update IP12 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP13 Fire Department -Fire Safety Compliance Report January 1, 2010 -March 31, 2010 IP14 Quarterly Investment Report January 1, 2010 to March 31, 2010 IP15 District Court for Johnson County: Robert James Hegeman, Plaintiff vs. The City of Iowa City and the City Council of Iowa City, Defendants IP16 Letter from Lee Grassley, Mediacom, to the City Clerk: Channel additions IP17 Invitation: 319 Music Festival May 8, 2010 - Wetherby Park IP18 Press Release: Law Day at the Johnson County Courthouse April 29, 2010 April 22, 2010 Information Packet (continued) 2 IP19 Press Release: City implements loan fund for investment in renewable energy, energy- efficient systems IP20 Press Release: LED lighting cuts City's parking ramp utility bill by 50% DRAFT MINUTES IP21 Senior Center Commission: March 25, 2010 IP22 Police Citizens Review Board: April 13, 2010 IP23 Police Citizens Review Board: April 15, 2010 ~ s 1 ua-zz-~ u r c~i~~~ IP1 ' "'"'®'~~ City Council Meeting Schedule and -•..~._ CITY OF IOWA CITY Work Session Agendas April 22, Zo,o www.icgov.org • MONDAY, APRIL 26 Emma J. Harvat Hall 6:30p Special Work Session ^ Council Appointments ^ Agenda Items • Parks & Recreation Affiliate Fees (Agenda #15] ^ Downtown Soliciting/Smoking Regulations (Agenda #11 &#12] ^ Reallocation of $220,000 CDBG/HOME Funds (Agenda 5g(9) IP2] ^ Exceptions to "Legal Age" Requirements (Agenda #5g(10) (IP3] ^ Alcohol as Gaming Device Prizes (IP3] • City Manager Search (Agenda # 25] ^ Information Packet Discussion (April 8 & 22] • Council Time ^ Budget Priorities • Summary of Pending Work Session Issues (IP4] • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules • TUESDAY, APRIL 27 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • 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 . • WEDNESDAY, JUNE 30 North liberty 4:OOp Joint Meeting • MONDAY, JULY 5 Independence Day Holiday -City Offices Closed i~1~~~t '~ `"'"'®'~~ City Council Meeting Schedule and -~.a~._ CITY OF IOWA CITY Work Session Agendas April 22, 20,0 www.icgov.org • MONDAY, JULY 12 Emma J. Harvat Hall TBD Special Work Session Special Formal Council Meeting (Continue Work Session if necessary) • 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 Census -.Iowa City Moves Forward When You Send It Back www. ic~;ov.org/census r ^~~.®~ CITY tJF IOWA CITY ~P ..ui~~'t ~~~,~ EZA ~ D ~ ~ M ~~o Date: April 20, 2010 To: City Council From: Tracy Hightshoe, Community Development Plannerr`~ Re: The Housing Fellowship - FY10 HOME Affordable Rental Housing Project The Housing Fellowship was awarded $220,000 in FY10 HOME Investment Partnerships Program (HOME) and Community Development Block Grant (CDBG) funds to acquire land to construct two and three bedroom homes for affordable rental housing. The Housing Fellowship identified on their FY10 housing application that they would also be applying for Low Income Housing Tax Credits (LIHTC) to provide additional financing for this project. Based on the Council's Unsuccessful or Delayed Projects Policy, housing recipients applying for other funds through various state or federal agencies must do so in the first available application period offered. Should a recipient fail to meet this threshold, the funds must be recaptured and recommendations be made by the Housing and Community Development Commission (HCDC) for re-use of the funds. The Housing Fellowship did not apply for LIHTCs by the March 15, 2010 Iowa Finance Authority deadline. Based on the Unsuccessful or Delayed Projects Policy, HCDC must recapture the HOME funds and a recommendation be made to City Council for the re-use of the funds. HCDC met on March 25, 2010 to discuss the re-use of these funds. HCDC unanimously voted to allow The Housing Fellowship to retain these funds to acquire land and apply for LIHTCs in 2011. Under the HOME program, The Housing Fellowship has until July 31, 2011 to acquire the land and "commit" the HOME funds and until July 31, 2014 to spend the funds. As a reminder, to commit HOME funds means that a site location is known (and approved), the environmental review is done and an agreement for the use of funds has been entered with the City. The HOME recipient has up to five years to spend the funds. The Housing Fellowship has submitted the attached letter for your review. It outlines why they did not apply for LIHTCs in 2010 and requests that the funds be reallocated to the same project. The minutes of the March 25, 2010 HCDC meeting can be found in your April 22 Council packet. Please contact Steve Long or me with any questions at 356.5230. Staff will also be present at your April 26 work session. Hausin~ ~ellows~i 9 322 E. 2"d St. Iowa City, IA 52240 Office 319-358-9212 Fax 319-358-0053 April 19, 2010 City Council City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Mayor Hayek and Members of the City Council: I am writing to ask the Council to accept the recommendation from the Housing and Community Development Commission to re-allocate $220,000 of FY10 HOME Funds to the Housing Fellowship (THF) for land acquisition for the construction of affordable rental housing. The Commission, at its meeting of March 25, 2010 unanimously voted to recommend the re-allocation of the funds to The Housing Fellowship for the same purpose (i.e. land acquisition). Due to circumstances beyond the control of THF, an application for Low Income Housing Tax Credits was not submitted in the first available application deadline. According to the Delayed Projects Policy, the funds must be recaptured. As you know, successful affordable housing projects often include several sources of financing. The City HOME allocation for land acquisition serves as the first step in a complex process of securing financing and complying with a myriad of regulations. THF has a competent development team that has been formed to ensure successful projects utilizing the complicated Low Income Housing Tax Credit program and other sources of financing. Midwest Housing Equity Group, the tax credit syndicator and Foundations Development, the tax credit consultant recommended that THF not submit an application. Please see the attached letter from Dan Garrett, Executive Vice-President of Midwest Housing Equity Group. The collapse of the equity market as a result of the national economic crisis proved too risky for The Housing Fellowship to expend the extensive pre-development costs of the application. The Housing Fellowship followed the advice of our experienced partners. The FY10 allocation provides enough time within the allowed HUD HOME time schedule regulations for a viable project -two years to commit and five years to complete. I am confident that THF can locate a suitable site and proceed with all applications and complete a successful project. Thank you for your consideration of this request. Sincerely, "~.~i: Maryann Dennis Executive Director r., r_ U W a, s ~,~ u ~- Unlted Way of Johnson County Ml•DWEST HousnvG EQurr~ CsROUP I1vc. March '17, 201.0 Re: The Housing Fellowship - No Low Incon3e Housing Tax Credit Application in 2010. To Whoa) tt. May C-oncern- We have been asked to advise those interested as to why The Housing Fellowship did not subrni.t. a Low Income Housing Tax Credit application in 2010. 1'hrce years ago, we approached Tlae Housing Iiellawship about doing Berry Court, i.,.P., which they did quid the project has been operating successfully. Then we started woxk on Auiston Village which was awarded credits last year and successfully closed that project in December 2C}09. Due to the u)llapse of th.e equity market in 2(108-2.009 (literally 70%n equity capacity lost), gutting a project. finalized with a syndicator proved to be very difficult, and we were very lucky ti) gc.t. At)istott Village closed. The investor market started to focus on for- profit developers with very deep financial pockets, leaving the non-profit developers out of the picture, or worse, heavily leveraged in leans of projects and guarantees. As anon-profit housing syndicator, part of c)ur role is to not only invest into projects in our state, but to assist. in developing the n.on-profit housing providers as well. In the fast. decade, numerous, non-pmfi.t housing providers have ceased to exist in lows, most notably in Cedar Rapids and Davenport. This has left a huge hole in non-profit developers, one that had t.o be explored cautiously. It was based on our analysis of the market that we strongly suggest. to The Hvusi~ig Fellowship to cor7centrat.e solely on Aniston Village, from start to finish, which they are doing, and do it successfully. This decision of course, resulted in The Housing fellowship not submitting a Low~:i•# using Tax Credit project in 2010. hied, U Dan Garrett Executive Vice President -Iowa Operations Midwest I-lousing Equity Group 1915 Grand Avenue • Des M~7ines, lA 50309 Sl i ~Z;U-f000 • Pax: S 15-309-0704 • www.mhc~inacom city of Iowa city MEMORANDUM Date: April 21, 2010 To: City Council From: Eleanor M. Dilkes, City Attorne Re: Exceptions to "Legal Age" Bar Entry Requirements Alcohol as Gaming Device Prizes At Council's direction, the work session agenda for April 26, 2010 includes the above two items. In both cases Council has expressed an interest in discussing possible exceptions to the general rules that have been enacted by ordinance. Staff is awaiting direction from Council on what exceptions, if any, Council would like staff to examine. Bar Entry Requirement. Effective June 1, 2010 the "bar entry" age in Iowa City will be the "legal age", which is currently 21 years of age. As you consider exceptions it is important to remember that there are already a number of situations in which the "bar entry" age does not apply, including the following: 1. Prior to 10:00 p.m. 2. In an establishment that has obtained an exception by demonstrating that its primary business purpose is not the sale of alcoholic beverages (more than 50% of gross sales are from goods and services other than alcohol but not including cover charges) 3. In an establishment during an alcohol free event pursuant to a plan approved by the Police Chief. I have attached a copy of the applicable section of the City Code. This is the same exception that has been in place since Council's adoption of the 19 bar entry age in 2003. No establishment has presented such a plan for approval. Some members of Council have indicated an interest in looking at a mechanism to split establishments into non-alcohol and alcohol areas. Both the City Clerk and I recall that Council discussed this possibility during the deliberations in 2003. Legally, such an exception to the bar entry age could be crafted. The difficulties lie with enforcement and the fact that many establishments are not built in such a way to allow successful separation (e.g. placement of restrooms). If Council is interested in pursuing this type of exception we will need to consult with the police department and the Housing and Inspection Services Department about the hurdles involved. Gaming Devices and Alcohol Prizes: I am attaching my staff's letter of February 1, 2010 to liquor licensees regarding this matter. Ordinance changes can range from repeal of the entire prohibition, exception when a state approved gaming device is involved, or exception of certain establishments (assuming there is a rational basis for distinguishing between such entities). cc: Dale Helling, Interim City Manager Marian Karr, City Clerk Eric Goers, Assistant City Attorney eleanor/mem/absence6-02. doc Sterling Codifiers, Inc. Page 1 of 2 This section has been affected by a recently passed ordinance, 4388 -UNDER "LEGAL AGE". Go to new ordinance. 4-5-8: PERSONS UNDER NINETEEN YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS: A. No person, individual, association, corporation, partnership or club holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow a person who has not yet attained nineteen (19) years of age to enter or remain in the licensed or permitted establishment between the hours of ten o'clock (10:00) P.M. and closing. B. However, the provisions of subsection A of this section shall not apply when: 1. The person under nineteen (19) years of age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. 2. The person under nineteen (19) years of age is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2-6-3 of this code who is nineteen (19) years of age or older. 3. The licensee or permittee applies for and qualifies for an exception certificate from the chief of police, or his or her designee, as follows: a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the city clerk a verified statement from a certified public accountant or an accountant which establishes that on average over a calendar year more than fifty percent (50%) of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer, which sales shall not include income from fees charged to gain entry to or remain on the premises, such as cover charges, drink mixes or any part of an alcoholic beverage as defined in chapter 123 of the state code. The statement shall state the actual percentage of such sales and be based on records made in the regular course of the licensee's or permittee's business. b. In addition to the aforementioned statement, proof of qualification for the exception may include the business records on which the statement is based, state and federal tax records, applications for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased, which records shall be made available to the chief of police or designee for review upon request. c. The chief of police or designee shall issue an exception certificate if the licensee has satisfied the above requirements. d. An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. e. A new licensee or permittee as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose is not the sale of alcoholic beverages, wine or beer may obtain a temporary six (6) months' exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection B3a of this section and the licensee or permittee submits an affidavit which details the nature of the new establishment and the anticipated percentage of sales of food and nonalcoholic beverages. At the end of the six (6) month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections B3a through Bic of this section if sales during the six (6) month period support an exception. f. To be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the exception certificate issued by the chief of police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. 4. The person under nineteen (19) years of age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the chief of police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of patrons. If the plan is approved, the chief of police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under nineteen (19) years of age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. (Ord. 03-4073, 5-6-2003, eff. 8-1-2003) 5. The person under nineteen (19) years of age is a patron of an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4-5-3D of this chapter. (Ord. 04-4123, 4-20-2004) C. Between ten o'clock (10:00) P.M. and closing, no person under nineteen (19) years of age shall enter into or remain on the premises of a licensed or permitted establishment which authorizes on the premises consumption unless: 1. The person is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2-6-3 of this code who is nineteen (19) years of age or older; http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section_id=455065&keywords= 4/21/2010 COPY February 1, 2010 Re: Gaming devices and alcohol prizes Dear Liquor Licensee: ~ r l ~~~®~~ ~m~ 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 It has come to our attention that many licensees in Iowa City have gaming devices in their establishments that distribute tickets to winners with which they can purchase goods and services at the establishment. While the devices are regulated by the State, and may be legal under State law, licensees must be mindful of Iowa City Ordinance 4-5-7, as follows: 4-5-7: LIMITATIONS ON SALES: A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 5. Encourage or permit any game or contest or tournament of any kind which involves drinking any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. (emphasis added.) Because of the limitations of this ordinance, no alcoholic beverage, bar tab, or bar credit can be awarded as winnings from these gaming devices. More specifically, no winning tickets or vouchers can be redeemed for alcohol. It bears reminding that no alcoholic beverage, bar tab, or bar credit can be awarded as a prize for any other contests, games or tournaments, such as Halloween or other costume contests. Should you have any questions regarding the legality of any drink special or contest, please do not hesitate to contact me. We prefer to help prevent violations rather than prosecute them. Thank you for your consideration. Sincerely, Eric R. Goers Assistant City Attorney cc: Marian Karr, City Clerk Sergeant Denise Brotherton, ICPD Eleanor M. Dilkes, City Attorney IP4 SUMMARY OF PENDING WORK SESSION ISSUES 4/22/ 10 Site of New Animal Shelter (MAY/JUNE) Boards/Commissions -Function and Gender Balance (MAY/JUNE) Update on UNESCO City of Literature Program (JUNE) ECICOG Funding - JCCOG Committee Report (JUNE/JULY) Sunday Bus Service (JULY) Taxicab Policies (JULY) Brick Streets Repair/Funding Strategy (SEPTEMBER) Affordable Housing Flood Response & Mitigation Update (PERIODIC) Alley Inventory (SUMMER `10) May 10-Combined June 1-Combined June 14 - 15 July 12 -Combined August 16 - 17 August 30 - 31 _~ ~ To: City Council CITY OF IOWA CITY Mpg MEMORANDUM From: Dale Helling, Interim City Manager Date: April 21, 2010 RE: Flood Recovery and Mitigation Update Three months has passed since the last comprehensive update on our progress to recover from the 2008 flood and mitigate the risk of future floods. We continue to systematically advance our projects, programs and goals. Certainly the biggest news to report is the Economic Development Administration's award of $25 million for our two major mitigation projects. This grant brings the total outside funding secured for Iowa City mitigation projects to just shy of $69 million. Another milestone was the replacement of the Iowa Avenue Sewer Siphon. When the flow was switched over to the new siphon the amount of sewage arriving at our wastewater plants dropped by about 25%. In other words, we were treating an extra 2 million gallons each day of river water that was entering the old siphon pipes that were damaged by the flood. That is over one billion gallons of extra flow in the 18 month period since the flood. Other highlights include expanding the Single Family New Construction Unit Production Program by $1.67 million (37 more units) and contracting for the demolition of remaining structures in the Showers Addition. To organize the work reflected in this memo, our efforts have been grouped into two categories: 1. Flood Recovery -effort to resume operations 2. Flood Mitigation -effort to better prepare our city for future floods The information outlined below is primarily an update to the January 27, 2010, Year End Summary. To help you digest this information quickly, the updated portions have been highlighted. Flood Recovery Flood recovery includes debris removal, cleanup and work that is necessary to restore facilities and operations. Contrary to flood response, we are able to quantify many of the private sector flood recovery efforts through the issuance of building permits and the administration of various local, state and federal assistance programs. Both private and public flood recovery efforts are outlined below. Flood Recovery -Private Properties Flood recovery for private homes and businesses entails much more than simply repairing or replacing the flood damaged structures. Families continue to need a place to live and businesses still need a place to operate during recovery. You will find that some of the programs outlined below are specifically targeted to meet these needs. It is also important to note that for many of the structures located within the 100 year floodplain, the extent of damage triggered building code requirements for modifications April 22, 2010 Page 2 (such as elevation) to reduce risk to future floods. For the purpose of this memo, these mitigation efforts are categorized with the flood recovery projects. Programs Administered by the City to Assist Private Recovery Program Amount Status Notes Business Pro rams The Iowa City $75,000 Complete Assisted 18 Recovery Program businesses with up to $5,000 each Community Foundation $97,340 Complete Chamber assisted Funds with distribution Jumpstart Iowa $1,248,546 Complete Assisted 44 Small Business businesses with up Assistance Program to $50,000 each CDBG Business $2,000,000 Ongoing Assists with up to Rental Assistance 6 months rent. 53 Program assisted to date. • Expanded Business Ongoing Includes assistance Rental Assistance for machinery Program and equipment • Loan Interest Ongoing Assists with interest Supplement Program on disaster loans • Commercial Rental Ongoing Assists with rent Revenue Gap revenue loss for Program commercial property • Residential Landlord Ongoing Assists with rent Business Support revenue loss for Pro ram Residential property Residential Programs CDBG Housing Disaster $1,744,001 Ends 12/31/10 Used for homebuyer Recovery Fund assistance, repair & (Federal Jumpstart 1) interim mortgage payments CDBG Housing Disaster $1,050,964 Ends 3/31 /11 Used for homebuyer Recovery Fund assistance, repair & (Federal Jumpstart 2) interim mortgage payments Jumpstart Housing $2,507,604 Ends 12/31/10 Used for homebuyer Assistance Program assistance, repair & (State Jumpstart 1, 2 & 3) interim mortgage payments April 22, 2010 Page 3 Building Permit Summary for Flood Related Work Number of Permits Type of Permit Project Value 218 Building $15,184,845 207 Electrical $118,513 115 Plumbing $114,704 115 Mechanical $755,013 655 Total $16,173,075 Total Notes: 1. The City does not issue building permits for University of Iowa facilities. Therefore no University work is included in this total. 2. For comparison, building permits issued for recovery from the 2006 tornado totaled $15,195,420, of which $10,524,740 was St. Patrick's Church. Flood Recovery -Public Facilities The following projects represent the majority of the flood recovery work necessary to clean, repair and restore public facilities. Project Cost Status Notes Debris Removal $1,489,595 Complete Iowa Avenue Sewer Siphon $1,064,778 Complete Water Main River Crossings $628,609 Design Water System Repairs $135,798 Complete Animal Shelter Temporary Facility Ongoing This is limited to the temporary facilities North Wastewater Plant Repairs $358,295 Complete Lift Station & Sewer Repairs $109,195 Complete Street Repairs $66,124 Complete Parks and Trail Repairs $639,956 Construction 22 Projects Shakespeare Theater $1,253,024 Construction Vehicles & Equip. Repairs $85,589 Complete Iowa River Power Dam Repairs $360,140 Preliminary Design Iowa River Power Dam Bridge Repairs $100,000 Preliminary Design Clean Riverbanks - Peninsula Park to the town of Hills 977 Volunteers Complete 146 tons of debris removed Fiber Optic and Communications Repair $31,984 Complete Fire Training Facility $146,324 Complete $6,469,411 Total April 22, 2010 Page 4 Flood Mitigation Flood Mitigation consists of efforts designed to reduce the city's vulnerability to future floods. This includes not only projects but also regulations and action plans. Iowa City's comprehensive flood mitigation strategy emerged shortly after the flood and has remained relatively unchanged. This overall strategy was outlined in a March 19, 2009 memo from Jeff Davidson and Rick Fosse to the City Council and is quoted below in italics. Updates or refinements to this plan are shown in bold. "The staff committee that has developed the funding proposals which you will receive on March 23 has tried to be consistent with the overall flood recovery strategy which you agreed to for the Hazard Mitigation Grant Program (HMGP). To restate those objectives in priority order: 1. We will attempt to buy out residential property in the 100-year floodplain of the Iowa River. This will involve purchasing some properties (approximately 40) at the present time, with the goal of buying out the remainder over the next 10 to 15 years. Those who refuse buyout funds will not be granted public funds for the rehabilitation of their homes, nor are they guaranteed that they may not be negatively impacted by future flood mitigation strategies. The area of residential buy out offers has been expanded to include most homes in the 500-year floodplain that were at least 60% damaged. This strategy is the most effective flood mitigation strategy possible. It reduces risk on the highest flood-prone properties to zero. A property which is bought out cannot be used for anything except open space in perpetuity. 2. For the remainder of the flood-impacted residential neighborhoods in the 500-year floodplain of the Iowa River, we will implement realistic protection measures that can be implemented at this time. This includes elevating roads in flood-prone neighborhoods, elevating structures, elevating mechanical systems within structures, backflow prevention valves, and attempting to provide secondary access to flood-prone neighborhoods. This has been expanded to include access to areas that were isolated by the flood, specifically the Peninsula Neighborhood. 3. Our number one priority public infrastructure project will be the elevation of Park Road Bridge and Dubuque Street. This will assist flood-prone neighborhoods upstream by allowing water to be conveyed downstream more easily and not back up into the neighborhoods. Our second priority public infrastructure project is relocation of the North Wastewater Treatment Plant. These two projects are the focus of our local option sales tax efforts, but additional funding sources will be required as well. Iowa City voters approved a 1 cent local option sales tax to help finance these projects. 4. If in the future the required funding for levees and flood walls is made available, we will consider such strategies in flood-prone neighborhoods. However, we do not believe such funding opportunities are realistic at the present time and do not believe that flood- impacted residents should be making decisions based on them occurring. We have done preliminary planning to know that these structures could cost approximately $34 million. " Additional projects have evolved involving critical and non-critical infrastructure. These projects are categorized as "Other" in the table below. April 22, 2010 Page 5 Flood Mitigation Projects Project Cost Status Notes Objective #1 Buy-Out of $24.4M Ongoing 28 Demolition permits have Residential Pro ert been issued to date Buy-Out of $950,000 Ongoing Purchases property in the Development Property 100 year floodplain to prevent additional at risk development Single Family New $3,951,47'1 Ongoing Constructs 77 new homes Construction Unit outside the floodplain to Production Program replace homes removed in bu out pro ram Objective #2 Elevation of the $1.1 M Preliminary Design No funding sources have Normandy/Manor been secured yet. Intersection Foster Road $3M Preliminary Design No funding sources have Elevation been secured et. Objective #3 Dubuque Street / $32M Preliminary Design $3M EDA secured Park Road Bridge $1.5M THUD secured Local Option Sales Tax Revenues North Wastewater $63M Preliminary Design $22M EDA secured Facility Relocation $5M CDBG secured $5.49M I-JOBS secured $6.51 M I-JOBS possible Local O tion Sales Tax Revenues Objective #4 Idyllwild /Foster $10M Preliminary Design No funding sources have Road Protection been secured et. East Side Levee $3.3M Preliminary Design No funding sources have been secured et. West Side Levee $4.4M Design No funds have been secured for the construction phase. Other Water Source Protection $683,430 Design FEMA funds have been Peninsula Well Field secured for this ro~ect Water Source $569`,000 Preliminary Design FEMA funds are being Protection -Water requested for this project Plant Site Animal Shelter $1.96M Preliminary Design FEMA funds have been committed, Relocation but limit scope of pro~ect Fire Training Center $1.OM Preliminary Design $800K Request for Congressionally Relocation Desi Hated Funds CDF Rocky Shore Lift Station $6.6M Preliminary Design $6,586,300 CDBG secured and Flood Gates River Street /Arts $1 M Preliminary Design This will be a joint project Campus Lift Station with the UI River Crossings $200,000 Planning The preliminary planning was Redevelopment completed with FEMA fundin $158.11 M Tota l April 22, 2010 Page 6 Flood Mitigation Regulatory and Plan Changes Updates to policies and practices represent various "non-structural" means to better prepare our community for future floods. They include changes to regulatory, planning, and action plans designed to guide development and better prepare for effective response to future floods. Regulatory Changes • Update of Estimated Flood Flows -The Corps of Engineers has completed a report entitled "Iowa River Regulated Flow Frequency Study" dated October 2009. In this report they estimate the new flows for various frequency floods based on information collected during the 2008 flood. Their findings are as follows: 100 yr - 30,100 cfs (formerly: 29,000) 200 yr - 36,430 cfs 500 yr - 45,260 cfs (formerly: 45,000) 1000 yr - 52,210 cfs The University of Iowa is performing an independent review.. of this work. • Update to Floodplain Map -The Iowa City Floodplain maps need to be updated to incorporate the new flood flow estimates noted above, reflect the impacts of flood mitigation projects, and to correct for "map drift" that occurred in FEMA's last revision to Iowa City's maps. The new maps will also benefit from the highly accurate hydraulic model of the Iowa River recently completed by the University of Iowa. Of these factors; the impacts from the flood mitigation projects will have the greatest impact. Because of the expense and difficulty in updating the floodplain maps, staff recommends waiting until Iowa City's, the University's and Coralville's major mitigation projects are nearly complete (roughly 201.3) before updating the maps. • Update to Floodplain .:Management Ordinance -The state legislature, after consideration, ultimately decided not to make any changes to state law in terms of floodplain management. City staff is developing a proposal for changes to .our local floodplain management. ordinance which would regulate development in the 500 year floodplain. This proposal is currently being refined at the staff level, and will go through the standard ,land use legislative process involving the Planning and Zoning Commission ar-d City Council when it is brought forth for consideration laterthis year. Updates to Plans • Hazard Mitigation Plan - A Hazard Mitigation Plan has been developed for a wide variety of potential natural and human caused hazards facing the Iowa City area. The Council has approved the plan and ithasbeen accepted by the State. It is now awaiting FEMA approval. The adoption of this plan is a condition of the Hazard Mitigation Grant Funds that have been awarded to Iowa City to assist with flood recovery and mitigation projects. Johnson County is working on a Multi-Jurisdictional Hazard Mitigation Plan. Iowa Homeland Security has requested all Johnson County communities be a part of the .plan. Staff will work April 22, 2010 Page 7 with the Johnson County to incorporate the Iowa City Local plan into the Johnson County Multi-Jurisdictional Plan. • Emergency Action Plan /Flood Response Plan -Iowa City is currently covered by Johnson County's Multi-Hazard Emergency Action Plan. However Iowa City is developing a more detailed plan for the specific hazards facing our community, including a Flood Response Plan. The details of this plan will depend on the ultimate scope and completion of the mitigation projects noted above. In many cases it is appropriate for private properties to develop their own flood response plan. To this end, the Parkview Church has developed a specific plan for their property and the Idyllwild Condominium Association is using a grant from the City to work with MMS Consultants to develop a plan for their site. • Volunteer Coordination Plan -The United Way of Johnson County has developed a program to solicit and coordinate volunteers for a wide range of activities from responding to natural disasters to assisting with community events. You may recall that volunteer coordination during the 2008 Flood was a very consuming and staff intensive task. We believe that the program that the United Way has developed will be a significant asset to our community and we are in the process of reviewing a Memorandum of Understanding that will enable the City of Iowa City to take advantage of this service. Please let me know if you would like additional detail on any aspect of this report. cc: Eleanor Dilkes Marian Karr Rick Fosse Jeff Davidson Ron Knoche w/pwadm in/mem/2009-EndOfYea rSum ma ry 04-22-10 r ^~_,:.®,~ CITY OF IOWA CITY ~P6 ®~~~ ~ E ~ ~ RA ~ D ~ M Date: April 21, 2010 To: Iowa City Council From: Eleanor Dilkes, City Attorney Eric Goers, Asst. City Attorney ~ ~- - . -_- Re: Cooperatives and property taxation This memo will familiarize you with a property tax issue that may have significant impact on City revenues, as well as those of other local taxing bodies. As you are probably aware, property taxes for an individual property are affected not only by the assessed value of that property, but by its classification, which may include a "rollback" of the valuation. Under the present rollback, residential property owners pay taxes based on 46.9094% of assessed value and commercial property owners pay taxes based on 100% of assessed value. Consequently, a change in classification from commercial to residential would result in property taxes being cut by more than half. Apartment buildings are classified as commercial property. Condominiums are classified as residential property. Over the last decade in order to gain the favorable tax classification a number of existing apartment buildings have been converted to condominiums ("horizontal property regimes" under Chapter 4996 of the state code). In past years the City Council has been involved in efforts to address these conversions and the legislature has reduced the number of conversions by requiring compliance with building code requirements in effect on the date of conversion. Recently, a number of apartment owners have attempted to convert their apartment buildings into housing cooperatives. Housing cooperatives, which generally combine an interest in the entity owning the multi-unit building with the right to occupy a unit, also enjoy residential classification. Housing cooperatives "are a vehicle for the common ownership of property, a means of enabling the occupants-as members of the cooperative-to own, manage, and operate the apartment without anyone profiting therefrom." City of Newton v. Board of Review for Jasper County 532 N.W.2d 771, 774(lowa 1995)(citing 15A Am.Jur.2d Condominiums and Cooperative Apartments Section 62) They must not be operated for pecuniary profit. April 21, 2010 Page 2 I asked Denny Baldridge, the Iowa City Assessor, to total the current valuation of commercial apartments within Iowa City limits, and to calculate their tax valuation if they were all to be reclassified as residential cooperatives. Finally, I asked him to calculate the property tax loss to the various taxing bodies, including the City of Iowa City, if they were to be reclassified residential. Based on the preliminary tax levies for this year, the tax loss to the City of Iowa City would be $3,708,0606 per year. Similarly, the Iowa City Community School District and Johnson County stand to lose $3,067,918 and $1,510,164 respectively, each year. The spreadsheet is attached hereto for your review. There is at least one residential cooperative in Iowa City that is consistent with the spirit of the law, and which the City Assessor's Office has properly classified as residential. An example that most are familiar with is the Summit Apartments Co-op, 228 S. Summit St., near the corner of Summit and Burlington, which was formed in 1946. The Iowa City Assessor has declined to reclassify the rapidly growing number of apartment buildings whose owners have attempted to reformulate themselves as cooperatives. There are a number of legal arguments for refusing to treat these "cooperatives" as such, many revolving around their formation being inconsistent with legislative intent. The apartment owners in these cases have created entities which are typically still controlled by a single couple (usually a husband and wife) and operated not for cooperative purposes, but instead for financial gain. I have yet to find a "member" of such a "cooperative" who actually lives in the cooperative. The Iowa City Board of Review has supported the Iowa City Assessor's Office in this position, also refusing to reclassify the properties as residential when the property owner appeals the classification to that body. Our office has reviewed the statute and what little caselaw can be found on this topic, and agrees there is support for this position. Several cooperatives owned and operated by a James and Becky Buxton (husband and wife) have appealed the Board of Review's decision to District Court. We are presently litigating the issue as counsel for the Board of Review. A similar case was filed in Jasper County, resulting in litigation. There, a district court judge first ruled the cooperatives were a "sham" and disregarded their formation. He later reconsidered his ruling, and reversed himself. Jasper County appealed, and the case was heard before a three-judge panel of the Iowa Court of Appeals. That panel sided with the landlord on a 2-1 vote, and a dissent was filed. Because the majority opinion was unpublished, it does not count as "controlling legal authority" under Iowa law, and district court judges are not bound by it. Yesterday the Iowa Supreme Court decided to review the decision of the Court of Appeals. April 21, 2010 Page 3 Assessors throughout the state have not taken a unified position on the classification of these "cooperatives" resulting in uneven treatment. For example, the Polk County Assessor has allowed reclassification from commercial to residential. The City of Des Moines, whose property is assessed by the Polk County Assessor, has recently seen an influx of these "cooperatives" and is concerned about and attempting to address the tax ramifications. A decision of the Iowa Supreme Court and/or legislative clarification will be necessary to resolve the issue. We will keep you apprised of developments. In the meantime, please call if you have questions. Cc: Dale Helling, Interim City Manager Kevin O'Malley, Finance Director Marian Karr, City Clerk Denny Baldridge, City Assessor Z CW G Q Q J Q W F_ U 0 N d L d Q. N ea c d d N N V N N 0 J ~~ N ~ ~~ J ~ f H I ~` W ~ J ~ ~~ H W V Z, W i ~~ W~ LL ~ LL_ ~ ~~ LL I O V ~ W H ~ Z ~ Z ~ W ~ N W J~F-NG ~ 0 Q J W ~aU~ V Q ~ J U N O ~ ~~a m~a~ Q Q - Z X LL ~ W F-OW~ J W ~ ~ ~ ~ O j V Q O 00 C9 XZ_ Q H p o0 ~' O ~ I~ ~ O ~ r (fl ~ r ~' r Ln ~ O ~ ~ O M I~ M 10 I` O M O ~ (O ~CO~O~~ ~ O ~ ~ 69 EA ~ h M ~ ~ M f3 EA Efl ~ nCOMMNf~ ~Cfl !~ M I~ r- ~ O M O ;p r r In ~f M O ~A n O M N M 00 O N ~CONONOOO ~~ I~ O O O O O r ~ 0 0 0 0 0 ~ 0 0 0 0 0 ~ 0 X 0 0 0 0 0 O X 0 0 0 0 0 0 ;Dmcomcflcoco :O f0 cD CO cD CO cfl v v v v v v v :V N N N N N N ~ M M O M M M ~ M O M M M M X 0 0 0 0 0 0 :V N N N N N N A EA EA EA Efl EA EA 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ r ti ti ti ~ ~~~~~~~ ~~~~~~~ oho ago ado oho ado ono ado EA 69 b4 69 EA EA E,9 o h o 0 0 0 c v v v v~ v rn rn rn rn rn rn rn 0000000 rnrnrnrnrnrnrn co co comcomcfl v v v v v v v 0000000 ~~~~~~~ ~~~~~~~ M M M M M M M M M M M M M M M M M M M M M 0 0 0 0 0 0 0 M M M M M M M ~ ~ ~ ~ ~ ~ ~ J J Q U ~ cJ p ~ O~ O~ ~~ O Z w Q c}Vi~~oQ~O }OO~wO U U~ U H w Q Q Z~ Q W H ~~=~~c~~ OODYOQ~ ~~ r i ~~..®~~ ~ni1~ ~ ,~®,~~ CITY OF IOWA CITY 1P7 MEMORANDUM DATE: April 21, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk I`~''~~ RE: Scheduling Opportunities I have been contacted by North Liberty confirming the joint meeting of June 30, and have included that date in your tentative meeting schedule. An opportunity to include items on the agenda will be provided closed to the meeting date. Also we have some openings for the KXIC radio show on the following Wednesday mornings: May 5 May 12 May 19 May 26 June 2 June 9 June 16 Again, please take a look at your calendars and let me know Monday at your work session. U:scheduling.doc IP8 r ,~~,~,®,~,~ CI-rv of Iowa CIS ~.~~_ M Cl RA I\l D La ~ ~~ E ~~ Date: April 12, 2010 To: City Council From: Jeff Davidson, Director of Planning & Community Development Re: Northside Marketplace streetscape reconstruction During preparation of the FY11 Capital Improvements Program, you amended the CIP to include $500,000 for reconstruction of the Northside Marketplace streetscape in FY11. We hope to complete design and engineering of this project in the upcoming six months, have the project ready to bid over the winter, and begin construction next spring. This project will replace the deteriorating sidewalk; and enhance plantings, streetscape furniture, and lighting. There were two concept scenarios prepared for the project. One is a parallel parking scheme which keeps on-street parking as it exists currently. A second scheme was prepared which would introduce angle parking on the east side of the block between Market and Bloomington Streets. Both alternative schemes are within the existing $500,000 project budget. The parallel parking scheme is estimated at $452,000 and the angle parking scheme at $496,000. There are positive and negative aspects to the proposed change to angle parking. The chief enhancement is that there would be four new metered parking spaces added to this block of Linn Street. To add a structured parking space to the City's parking system costs approximately $20,000- $30,000, so this would be a good enhancement to the parking supply in the area. The primary negative impact is the narrowing of the sidewalk on the west side of the street from 20 feet to 12 feet, and on the east side of the street from 19 feet to 16 feet. This would tighten things up on the sidewalk and make it even more difficult to provide an outdoor service area at any of the businesses. Sidewalk cafe regulations require an open sidewalk be maintained of at least 8' width. It may still be possible to have a very small outdoor cafe of a few tables; the details of such a concept would need to be worked out with the City. We had a neighborhood meeting of Northside Marketplace businesses and received favorable response to both reconstruction scenarios. We conducted an online survey of area businesses to judge the preference between the two options. Eighteen businesses replied, with eleven (61°/a) responding that they favor the angle parking option and seven (39%) responding they prefer the parallel parking option. Comments were received both in favor and opposing each scenario. The main concerns about the angle parking scenario were those highlighted above in paragraph 4. It is staff's intention to proceed with design and engineering of the angle parking option for the Northside Marketplace streetscape reconstruction unless directed differently by the City Council. Please indicate at the April 26 work session if there is a majority of Council that wishes to reconsider this decision. Let me know if you have any questions. cc: Dale Helling Rick Fosse Ron Knoche Wendy Ford ppdd ir/mem/NorthsideMarketPlaceStreetscape.doc r ~~.~,~.®~,~ CITY O~ [41NA CITY 1P9 '.~ ~~ N[EM~RA~ D~~ Date: April 21, 2010 To: City Council ,~ From: Kathi Johansen Addninistrative Assistant to the Cit Mana er Y 9 Re: 2010-2011 Deer Management Recommendation The City's Deer Management Plan provides that City staff will submit a recommendation for deer management to the City Council. In addition to the plan, an annual report is prepared to summarize deer management activities for the prior year and also provide a history of deer management in Iowa City. The 2009-2010 Deer Management Annual Report is available online at www.icgov.orq. In January 2010, hired contractor, White Buffalo, Inc., harvested 57 deer within the Iowa City limits. To determine deer density, City staff relies on data provided in the 2010 Summary Report, 2010 Aerial Survey, and the 2009 Deer-Vehicle Strike Report. Based on low harvest numbers, the reduction of deer-vehicle strikes, and no "new" areas that need to be addressed, staff concludes the deer herd has been reduced to a reasonable population level. Thus, it is with this memorandum that we ask City Council to consider delaying any additional deer management activities until the winter of 2011-2012. Dr. Tony DeNicola of White Buffalo, Inc., concurs with this recommendation. With your approval, staff will submit a letter to the Iowa Department of Natural Resources advising them of our decision. Enclosure: 2010 Summary Report -submitted by White Buffalo, Inc. 2010 Aerial Survey -conducted by the IDNR 2009 Deer-Vehicle Strike Report -provided by the Iowa City Police Department SUMMARY REPORT 2010 Deer Management Program Iowa City, Iowa by White Buffalo, Inc. Site Descriution Iowa City contains a matrix of suburban/commercial development, agricultural fields, parks and open grasslands. As a result of no legal hunting opportunities and fertile soils, the deer population had increased to a level incompatible with some land uses and human activities. Although deer physical condition is not an issue, there is concern regarding deer/vehicle collisions and damage to garden and landscape plantings. As part of the 2010 comprehensive deer management program under the authorization of the Iowa Department of Natural Resources this is the 10th year, taking the 2002-2003 winter off, in which a population reduction program was implemented. Deer Management Program Overview Prebaiting was conducted from 18 December 2009 - 10 January 2010. Deer removal activities conducted from 11 - 2 ] January 2010. Eleven days of fieldwork were required to achieve the harvest of 57 deer. Field Methods We followed the operations protocol outlined in the contract. Seventeen bait sites were selected throughout the area of operation. Bait sites were shut down during the program as productivity declined, initial prebaiting activity demonstrated little deer activity, or weather conditions deemed the sites inaccessible. Deer were shot on a first opportunity basis. This means that deer were shot only when, 1) a safe opportunity presented itself, and 2) maximal harvest efficiency would be achieved. Carcasses were then tagged and delivered to Ruzicka's Meats for processing. Harvest Demographics The entire data set generated from harvested deer is represented in the spreadsheet entitled "City of Iowa City -Deer Harvest by Date: l 1 - 21 January 2010" (Appendix A). We harvested 39 females (68%) and 18 males (32%). The overall harvest demographics are summarized in Table 1. Eighteen (32%) fawns and 39 (68%) adults were harvested. Table 1. Age class and sex distribution of deer harvested in Iowa City, Iowa from 11-21 January 2010. AGE # MALE % # FEMALE % # COMBINED Fawn 11 (19.3) 7 (12.3) 18 Adult 7 (12.3) 32 (56.1) 39 Harvest by Deer Management Zone To allow for a more comprehensive population management program, we summarized all the harvest data by management zone (Table 2) relative to deer concentration identified by the City's 2008 aerial snow count, no count was conducted in 2009. The most productive sites were within Zone D and the combination of Zone H&I, where 22, 7, and 15 deer were removed respectively (77% of the total harvest). Table 2. Ten year comparison of harvest data by deer management zone. ZONE 1999-2000 2001 2002 2004 2005 2006 2007 2008 2009* 2010 A 15 2 27 - - - - - - - B 186 74 48 31 13 19 8 3 6 3 C 57 123 51 49 44 17 13 7 18 6 D 102 122 93 117 48 66 29 33 23 22 F - 19 10 3 8 7 20 2 4 4 H & I - - 21 - 41 41 129 44 18 22 Total 360 340 250 200 154 150 199 89 69 57 Discussion Three sites initially prepared for culling operations were shut down before removal efforts began based on our inability to access the sites due to the persistent deep and drifting snow. All three sites were located on University of Iowa property. Two additional sites were shut down due to lack of deer activity. Of the remaining 12 sites, all but two received two sharpshooting attempts (removal effort). In every case the second seated attempt resulted in a significant decline in productivity (deer harvested/man hour). Harvest demographics this year indicate fawn recruitment to be 0.56 fawns per adult doe. This ratio is further confirmed by the limited number of fawns seen in the field (i.e., those not harvested). Many times, adult does harvested in groups would have no fawns present. Historical fawn recruitment based on past cull data was ~] .1 fawns per adult doe. This is the second year in a row where fawn recruitment is significantly below the historical average. Adult male (males that had shed their antlers) harvest is similar to past years 012.5%), with the exception of 2009 where 15% more adult males were harvested due to a later start date of operations (i.e. more males had shed their antlers). As stated in previous years, we would likely remove <1 % adult males if the entire permit were valid starting 1 December. Thirty six antlered males were observed while field operations were being conducted, additional antlered males were observed though infrared camera data. Individual animals were identified based on antler characteristics, no male was counted twice and if any doubt existed they were not added to the total. If snow counts are conducted, they should be interpreted with caution as, generally, there are a significant number of adult males (relative to adult females) present at most harvest sites. The ratio of observed yearling/adult males to yearling/adult females was ~1:1. Therefore, the population growth potential relative to observed density will be greatly diminished. Again, next year's harvest projections should reflect this change in demographics. Recreational feeding of deer on Saint Joseph's Cemetery continues to hamper our ability to manage deer in the Northwest corner of Hickory Hill Park and the surrounding area. Deer densities in this area appear (based on track sign and visual observations) to be significantly higher than the rest of town. The wood lot on the Southeast corner of Interstate Highway 6 and Hawkins Road also has substantial feeding activity from the residents of the Hope House (University of Iowa). Nine percent of the deer/vehicle strikes in town occur proximate to this location. Deer vehicle strikes are down significantly from 1999 when 103 collisions were recorded. Thirty three collisions were recorded in 2009 (a 68% reduction), with 15 (45%) of those occurring on Highway 218 or Interstate 80, where town boundaries prevent adequate management activities to occur. Total harvest has dropped significantly from 2007 to 2010. There are a number of reasons for this decline; however it should be noted that our effort per site has increased (at most sites) as deer densities continue to fall. Trend data suggest an overall herd reduction in all zones where culling activity occurs. A good example of this is Zone B, 186 deer were removed in 1999-2000 cull operations, only 3 animals were removed this year with two seated attempts. Harvest in this zone has stabilized in the single digits. Similar results occur in all zones. Future Program Suggestions Based on low recruitment over the last two years, dramatically reduced deer vehicle strikes (and corresponding deer densities), and a generally insignificant amount landscape damage we suggest that Iowa City consider delaying any additional deer management activities until winter of 2011- 2012. At this time the State permit will again need to be made valid early to maintain the reduced densities on the University property (i.e., during the Christmas break). Also, if the State sees value in protecting males, I recommend that the general City-wide permit be made active by 1 December so males can be avoided (nearly all yearling and adult males will have visible antlers). Acknowledgments We would like to thank Kathi Johansen, City Manager's Office, Glenn Pauley, Iowa City Fire Department, Jeff Ruzicka of Ruzicka's Meats and his crew, and all the participating landowners for their cooperation and continued support. We also are grateful to IDNR for continued support of this program. Iowa City Aerial Deer Counts Zone 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 A 37 * 60 74 64 29 76 * 71 * 170 80 * 71 B 69 * 154 81 33 30 30 * 19 * 5 2 * 7 C 78 90 99 39 36 60 * 43 * 46 33 * 21 D 65 * 127 140 38 25 100 * 88 * 65 36 * 25 E 0 * 0 7 12 0 12 * 9 * 41 19 * 0 F 11 * 15 48 42 15 74 * 65 * 80 32 * 31 G 3 * 0 4 0 0 0 * 5 * 43 35 29 H 6 * 31 48 24 23 42 6 * 53 26 * 11 I 49 * 79 197 99 43 169 * 109 * 101 39 * 27 Total 318 0 556 698 351 201 563 0 415 0 604 302 0 222 Not Flown Aerial count conducted on February 11, 2010 by Greg Harris, Wildlife Depredation Biologist, Iowa DNR ~ I II ~ ~ ~ l ~ ~ i ~ i ~ 111 I 'III I '~ I I' I 1 I I I I I I ''I I I ~I I I I I I I 1 I I I : i I I a ~ I I '. ~ ~ I : ' ~ I I ' I I I, !~I I I I I I ' I ',. : I I I I I I ~ 31 I I I ~ I i = ~ ~ I I I I I I I j ~ I zI ~ ~ i ~ I I II ~ I I 5 ~ ' ~ > ` ' A'i at 1 N O~ d ~ I '~ CI r a ~ ~ I I I 5 o I°.I U°~o m Irnl ~~~ E2 ~! 11 'I I~', «0 0 8 x 8 i o ~: i E d o I I o' y I I I II li ~ I i c I c ~'~ ° I '. 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O`- ~_m'.tn n.-o f dOdl<~d IIiN N NIN SIN YI:-".pp City of Iowa City IP10 MEMORANDUM -, Date: April 21, 2010 To: City Council From: Christina Kuecker, Associate Planner RE: Dubuque Historic Preservation Financial Incentive Programs Following the joint HPC and City Council meeting, the Council requested more information regarding Dubuque's Historic Preservation Financial Incentive Programs. Staff has researched the topic and there are several programs available. We plan to meet with Dubuque staff to gather more information and further clarify the details. A memo outlining the funding sources and details of the programs will be provided in yo next information packet. cc Dale Helling Jeff Davidson Historic Preservation Commission Iowa Ciry Public Library 123 South Linn Iowa City, Iowa 52240-1820 Susan Craig, Director Information (319) 356-5200 Business (319) 356-5206 Fax (319) 356-5494 DATE: April 21, 2010 TO: Dale Helling, Acting City Manager FROM: Susan Craig, Library Director RE: Library Project Update U4-"LL-~ U Ip11 ~~ ~ ~ ~ ~Q To provide time for installation of new self-check equipment the Library will close at 2:00 on Wednesday, May 12 and reopen on Friday, May 14. This equipment upgrade was planned and budgeted for FY10. We are replacing our three six-year-old "first generation" self-check stations. These three stations handle about half of the Library's 1.5 million annual circulations and the service was critical to our ability to absorb the circulation increases over the last six years without additional circulation staff. In recent years we have had frequent maintenance issues exacerbated by sale of the original company and obsolescence of the equipment. We will receive better service with the new equipment. The upgrade in technology has required changing RFID systems as well, and the processing of each item in the library collection has been underway for several months. In addition to checking out materials, the new equipment and software allow us to offer new self service options. Cardholders will be able to view their account information and pay their fines with a credit card at the new stations. A fourth station will also be installed. -_,-'__--'r,®; CITY OF IOWA. CITY 1P12 ®.~~ ~aRA~ au~ NI E Date: April 21, 2010 To: City Council From: Rick Fosse, Public Works Jeff Davidson, Planning and Community Development Re: Update: Flood-related activities Engineering Division RELOCATION OF THE NORTH WASTEWATER TREATMENT FACILITY • EDA formally awarded $22 million for design and construction. Technical Advisory Committee met with Stanley for scope of services development. Contract negotiations are anticipated to be complete prior to the May 10 City Council Meeting. DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE REPLACEMENT • EDA formally awarded $3 million for design services. • Technical Advisory Committee is being formed for first meeting. • Request for Qualifications for engineering services has been drafted for TAC review. ROCKY SHORE DRIVE PUMP STATION • Staff met with Coralville and UI representatives for discussion regarding existing conditions and project approach. Request for Qualifications for engineering services will be issued in May. Water Division River Crossings • Due to the lack of `obligation' designation from FEMA we have curtailed the design and construction of replacement of two 12" river crossing repairs (Old Plant and Hwy 6). • Howard R Green Consultants (HRG) has submitted a draft of scope of services for design, bid specifications and inspection of the interim project to repair and support the undermined sections of the two existing 12" water mains. We have completed our review. • Indication was received that Congress may be releasing FEMA Disaster Relief Funds. Peninsula Source Protection • The HRG Hazard Mitigation Study is the source of planning for proposed funding and projects on the peninsula site and the plant site improvements. • The PW and Hazard Mitigation Plan for peninsula work; CW 3, CW 4, SW 4, JW 2 and the respective electrical systems has been `obligated' by FEMA. • HRG is under contract to provide design, specifications bid documents and inspection for the projects. • The Water Division and Engineering has submitted review comments for the 90% review copies of the documents this week. April 21, 2010 Page 2 Water Works Prairie Park Source Protection • The HRG Hazard Mitigation Study is being used for additional funding requests for hazard mitigation for plant site well houses. • We have received official notice that the FEMA funding application has been received and review is proceeding. We continue to await the results. PLANNING AND COMMUNITY DEVELOPMENT • On April 9th' staff attended a ceremony at the University of Iowa Boathouse. U.S. Commerce Secretary Gary Locke announced the City had received $25 million in economic recovery funds. Three million will be used for design of Dubuque Street and Park Road Bridge and $22 million will be used for the design and construction of a new addition to the South Wastewater Treatment Plant. • Last week, the City closed on two more properties with Community Development Block Grant funds. This increased the total number of properties acquired to 40. Of the 40 properties, 30 of the homes have been acquired through the Hazard Mitigation Grant Program (FEMA), six with CDBG funds, and four with Community Disaster Grant (CDG) funds. As of today, 28 properties have been demolished in the Parkview Terrace and Taft Speedway neighborhoods. • Iowa City has received several requests from homeowners to be included in the HMGP acquisition process. These requests are from homeowners that originally decided to not pursue the buy-out program. They are still eligible since they were on the original application. • Staff participated in a conference call with Omaha HUD officials on April 14th. Discussion will center on ARRA stimulus results as well as review of HOME and CDBG programs. • On April 14th, staff participated in a monthly disaster recovery teleconference with the Iowa Department of Economic Development (IDED), Iowa Finance Authority (IFA), the Rebuild Iowa Office (RIO), and other government agencies administering disaster assistance funds. • Planning staff attended a Joint Flood Recovery meeting with the University of Iowa, Coralville, and Mid-American on April 21St. The meeting discussed the status of flood recovery projects in the area and how all the entities could work together to coordinate flood recovery efforts. • Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State Jumpstart 3 funding for housing rehab/repair, down payment assistance and interim mortgage assistance. A total of $1.62 million in State Jumpstart funding has been used to assist 70 flood- impacted residential households and $861,000 in Federal Jumpstart funding has been used to assist 17 households. • 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. ~ t~ ~ t~ ~ ~ d d ~ d d d ~ ° ~ ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ r~ ~ r~ ~ ~ ~ ~ y ~ ~ ~ ~ o ~ ~ ~, o ~ ~ ~ , ~, ~° ~ ~ r* ~ w p d ~ ,~ N ~ ~ ~ H p l~1 n o o o ~i p w m ~, ~ p w O ~ ,~' '~ cn .~ ~ n ~ ~ ~ n p C~ ~ ~ ~ ~ ~_ o'q ~ p. ~ rs ~, ~c ~ o [ ~ N w rn w ~ ~ ~ ~ ~ C o ' ~ p.. c, vi ~ n ~ O ~ ~ `~ ~. , ~ ~ w p R, o ~ * ' u N O ~ ~ ` n ~ R' [J ~ a ~ ~ ~ N ~ ~ `~ ~] ~ h ~ Co ~ , rat N '~' ~ ~ ~ ~ ~ / om 4 ~ ONo ~ 1 V ~ ~ ~ ° G1 ~' u i~ ~ ~ ° u " ' "'Y ~ cv w ~~ O p ~ ~ ,n ~ ~ ~ u ~ Q° ~ ,~ ~ ~ ~ v w N ~ ~ r-, ~ ~ ~' ~ w p ~ _ u' ~ ° `~ ~ '~ ,~ ~t , J c~ c, o ~? ~ ~ ~ u 01 N -~ ~-+ ~--~ a' h-~ N F-~+ N ~a i--~ f,-+ r _ CI Z Z Z Z Z Z Z Z Z ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ Z ~ Z Z Z Z Z Z ~ rn 0 0 0 0 0 0 0 0 0 ~ o 0 0 0 0 0 0 0 0 0 0 0 ~ o ~ o 0 0 0 0 0 ~ ~ ' ~ ~: o 0 0 ~ ~ 0 0 0 0 0 ? 0 0 0 0 ~ ~ o 0 w 0 ~ 0 w 0 w 0 ~ 0 w 0 w 0 w 0 w 0 w 0 w ~ y o w ~. a~ 0 w 0 w w 0 w w ~1 , ?~ a? w , w , w . a . w , ~ . w . . n .~ w ~. ~. t7. 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CD a. CD a fD a CD a. 0 N o' 3 ~ 3 Q~ ~ o ~ Z a t~~~~ ~1 IP14 CITY OF IOWA CITY QUARTERLY INVESTMENT REPORT January 1, 2010 to March 31, 2010 Finance Department Prepared by: Brian Cover Senior Accountant OVERVIEW The City of Iowa City's investment objectives are safety, liquidity and yield. The primary objective of the City of Iowa City's investment activities is the preservation of capital and the protection of investment principal. The City's investment portfolio remains sufficiently liquid to enable the City to meet operating requirements that cash management procedures anticipate. In investing public funds, the City's cash management portfolio is designed with the objective of regularly exceeding the average return on the six month U.S. Treasury Bill. The Treasury Bill is considered a benchmark for riskless investment transactions and therefore comprises a minimum standard for the portfolio's rate of return. The rolling average return on the six-month U.S. Treasury Bill for the prior 365 days was .22% at 03/31/10. The investment program seeks to achieve returns above this threshold, consistent with risk limitations and prudent investment principles. The rate of return on the City's entire portfolio for the quarter was 0.93% which is 71 basis points higher than the threshold. (See exhibit A) Investments purchased by the City of Iowa City for the first quarter of this fiscal year had an average return of 1.00%. Rates on new investment purchases in our operating cash portfolio for the second quarter were approximately 62 basis points lower than investments purchased at this time last year. Municipalities in Iowa are still having trouble finding financial institutions willing to accept public funds. The federal funds rate is the interest rate at which banks lend to each other. The Federal Open Market Committee, the Federal Reserve committee that makes key decisions about interest rates and the growth of the United States money supply, continued to pledge "exceptionally low rates" for an "extended period." The FOMC will maintain the U.S. interest rate to "a target range" of between zero and 0.25 percent. (See exhibit B) The quarterly investment report lists investments by fund, by institution, by maturity date, and investments purchased and redeemed. New official state interest rates setting the minimum that may be paid by Iowa depositories on public funds in the 180 to 364 day range during this quarter were 0.20% in January, 0.20% in February, and 0.15% in March 2010. -_ m ca H 0 co .~ V ca 3 0 y.. 0 .~' V __ ~+ - _ _ i U = ,I ~ ~ '~ ° ~ o c ~ o I~_ ~ ~', Ul d~ T T ~_ _ __ __' 0~,~~ 6 w O.~a O 6p,~a S 6p~~~ 6 ~ 0.,~~ s ~ 0.~ a~ spq~ ~ S 0.~~ 8 ~ o.~,~ l ~ O.~a O 1p,4a S lp,~~ l 0 0 0 0 0 0 o p,~~ c~ Sri ~ cYi c~i ~ o ~ uan~aa ~o a~e~uaaaad a m_ w ~~ N ~--~ II ~ L.L !~ ca N ~~ ~ '~ ~ '~ L.L o~,~~ w 6p,~a I' O sp~~'a S sp~~~ r 6p,~~ W Sp,~~ O m Sp,4,a F- S m 8p,~ ~ ~r w ~p'~~ GI/ ~p,~a O ~p,4,a S lp,~~~ 0 0 0 0 0 0 0 ~p~~~ CO ~ ~ M N ~ O ~/ a~a~ ~saaa~u~ CITY OF IOWA CITY INVESTMENTS ON HAND DETAIL LISTING BY MATURITY DATE 3/31 /2010 INSTITUTION INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST NAME TYPE DATE DATE AMOUNT RATE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 13-Jun-02 N/A $ 3,000,000.00 VARIABLE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 12-May-09 N/A $ 13,000,000.00 VARIABLE IOWA PUBLIC AGENCY INVEST TRUST IPAIT 28-Oct-09 N/A $ 15,000,000.00 VARIABLE IPAIT 2005 GO IPAIT 14-Dec-09 N/A $ 690,982.22 VARIABLE IPAIT 2006A GO IPAIT 17-Apr-09 N/A $ 1,170,988.51 VARIABLE IPAIT 2007 GO IPAIT 11-Dec-09 N/A $ 934,658.35 VARIABLE IPAIT 2008 GO IPAIT 15-Jul-09 N/A $ 3,119,056.48 VARIABLE IPAIT 2009 D GO IPAIT 12-Jun-09 N/A $ 213,030.50 VARIABLE IPAIT 2009 C GO IPAIT 12-Jun-09 N/A $ 5,138,489.49 VARIABLE FREEDOM SECURITY CD 16-Apr-09 16-Apr-10 $ 1,000,000.00 1.630 MIDWESTONE BANK CD 16-Apr-09 16-Apr-10 $ 2,000,000.00 1.950 BANK OF THE WEST CD 16-Apr-09 16-Apr-10 $ 10,000,000.00 1.600 LIBERTY BANK CD 11-May-09 07-May-10 $ 2,000,000.00 1.015 LIBERTY BANK CD 11-May-09 14-May-10 $ 2,000,000.00 1.015 LIBERTY BANK CD 27-Aug-09 01-Jun-10 $ 5,000,000.00 0.515 MIDWESTONE BANK CD 01-Oct-09 01-Jun-10 $ 2,000,000.00 0.450 MIDWESTONE BANK CD 17-Nov-09 01-Jun-10 $ 3,000,000.00 0.450 WELLS FARGO CD 18-Dec-09 01-Jun-10 $ 1,560,000.00 0.250 AMERICAN BANK & TRUST CD 11-May-09 04-Jun-10 $ 2,000,000.00 1.750 BANK OF THE WEST CD 25-Jun-09 11-Jun-10 $ 2,000,000.00 1.290 BANK OF THE WEST CD 25-Jun-09 18-Jun-10 $ 2,000,000.00 1.290 FREEDOM SECURITY CD 02-Jul-08 25-Jun-10 $ 300,000.00 4.050 FREEDOM SECURITY CD 02-Jul-08 25-Jun-10 $ 974,504.00 4.050 BANK OF THE WEST CD 25-Jun-09 25-Jun-10 $ 2,000,000.00 1.290 FREEDOM SECURITY CD 01-Oct-09 01-Jul-10 $ 2,000,000.00 0.720 WELLS FARGO CD 18-Dec-09 01-Jul-10 $ 4,000,000.00 0.250 BANK OF THE WEST CD 25-Jun-09 02-Jul-10 $ 2,000,000.00 1.290 IPAIT CD 01-Oct-09 20-Aug-10 $ 2,000,000.00 0.990 BANK OF THE WEST CD 18-Dec-09 24-Sep-10 $ 2,000,000.00 0.300 MIDWESTONE BANK CD 18-Dec-09 01-Oct-10 $ 2,000,000.00 0.350 MIDWESTONE BANK CD 17-Nov-09 17-Nov-10 $ 6,000,000.00 0.630 FARMERS & MERCHANTS CD 17-Nov-09 17-Nov-10 $ 2,000,000.00 0.610 IPAIT -WATER CD 28-Feb-08 27-Feb-12 $ 450,000.00 4.100 IPAIT -WATER CD 28-Feb-08 27-Feb-12 $ 2,234,789.00 4.100 AMERICAN BANK & TRUST CD 12-Dec-08 12-Dec-13 $ 6,197,315.00 3.750 MIDWESTONE BANK CD 12-Dec-08 12-Dec-13 $ 2,000,000.00 4.180 UICCU CD 26-Jan-10 21-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 07-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 03-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 01-Jul-10 $ 2,000,000.00 0.260 MIDWESTONE BANK CD 09-Mar-10 11-Mar-11 $ 2,000,000.00 0.485 MIDWESTONE BANK CD 09-Mar-10 25-Feb-11 $ 2,000,000.00 0.430 MIDWESTONE BANK CD 09-Mar-10 11-Feb-11 $ 2,000,000.00 0.390 MIDWESTONE BANK CD 26-Mar-10 22-Apr-11 $ 2,000,000.00 0.550 MIDWESTONE BANK CD 26-Mar-10 25-Mar-11 $ 2,000,000.00 0.510 MIDWESTONE BANK CD 26-Mar-10 08-Apr-11 $ 2,000,000.00 0.530 HILLS BANK MONEY MARKET 30-Mar-10 N/A $ 9,290,781.67 1.040 TOTAL $ 142,274,595.22 CITY OF IOWA CITY INVESTMENT ACTIVITY FOR THE QUARTER ENDED MARCH 31, 2010 INVESTMENTS ON HAND AT 12/31/09 $ 145,020,494.39 INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST INSTITUTION TYPE DATE DATE AMOUNT RATE PURCHASES 01101/10 TO 03/31/10 UICCU CD 26-Jan-10 21-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 07-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 03-Jan-11 $ 2,000,000.00 0.375 UICCU CD 26-Jan-10 01-Jul-10 $ 2,000,000.00 0.260 MIDWESTONE BANK CD 09-Mar-10 11-Mar-11 $ 2,000,000.00 0.485 MIDWESTONE BANK CD 09-Mar-10 25-Feb-11 $ 2,000,000.00 0.430 MIDWESTONE BANK CD 09-Mar-10 11-Feb-11 $ 2,000,000.00 0.390 MIDWESTONE BANK CD 26-Mar-10 22-Apr-11 $ 2,000,000.00 0.550 MIDWESTONE BANK CD 26-Mar-10 25-Mar-11 $ 2,000,000.00 0.510 MIDWESTONE BANK CD 26-Mar-10 OB-Apr-11 $ 2,000,000.00 0.530 HILLS BANK MONEY MARKET 30-Mar-10 $ 9,290,781.67 1.040 TOTAL PURCHASES $ 29,290,781.67 REDEMPTIONS 1/01/10 TO 03/31/10 IPAIT CD 31-Dec-08 04-Jan-10 $ (4,000,000.00) 2.000 LIBERTY BANK CD 27-Aug-09 04-Jan-10 $ (1,000,000.00) 0.315 MIDWESTONE BANK CD 16-Apr-09 16-Jan-10 $ (2,000,000.00) 1,600 MIDWESTONE BANK CD 23-Jan-09 23-Jan-10 $ (2,000,000,00) 1.750 IPAIT 2003 GO (PARTIAL REDEMPTION) IPAIT 17-Apr-09 N/A $ (47,609.73) VARIABLE IPAIT 2008 GO (PARTIAL REDEMPTION) IPAIT 15-Jul-09 N/A $ (113,603.62) VARIABLE IPAIT 2009D GO (PARTIAL REDEMPTION) IPAIT 12-Jun-09 N/A $ (84,321.00) VARIABLE LIBERTY BANK CD 10-Feb-09 10-Feb-10 $ (2,000,000.00) 1.845 MIDWESTONE BANK CD 10-Feb-09 10-Feb-10 $ (2,000,000.00) 2.050 FIRS7AMERICANBANK CD 11-May-09 05-Mar-10 $ (2,000,000.00) 1.000 LIBERTY BANK CD 16-Mar-09 16-Mar-10 $ (2,000,000.00) 1.875 BANK OF THE WEST CD 26-Mar-09 26-Mar-10 $ (5,000,000.00) 2.000 HILLS BANK SAVINGS 10-Oct-O6 N/A $ (1,000,000.00) VARIABLE HILLS BANK SAVINGS 16-Nov-07 N/A $ (5,000,000.00) VARIABLE HILLS BANK SAVINGS 12-Jan-09 N/A $ (2,000,000.00) VARIABLE HILLS BANK SAVINGS 18-Jul-08 N/A $ (1,000,000.00) VARIABLE IPAIT 2003 GO IPAIT 17-Apr-09 N/A $ (442,910.37) VARIABLE IPAIT 2005 GO (PARTIAL REDEMPTION) IPAIT 14-Dec-09 N/A $ (44,292.00) VARIABLE IPAIT 2008 GO (PARTIAL REDEMPTION) IPAIT 15-Jul-09 N/A $ (291,984.72) VARIABLE IPAIT 2009D GO (PARTIAL REDEMPTION) IPAIT 12-Jun-09 N/A $ (11,959.40) VARIABLE TOTAL REDEMPTIONS $ (32,036,680.84) INVESTMENTS ON HAND AT 03/31!10 $ 142,274,595.22 CITY OF IOWA CITY INVESTMENTS ON HAND SUMMARY BY FUND FUND TYPE 3/31 /10 3/31 /09 INVESTMENT INVESTMENT AMOUNT AMOUNT ALL OPERATING FUNDS GENERAL OBLIGATION BOND FUND EMPLOYEE BENEFIT RESERVE FUND BOND RESERVE FUND TOTAL CITY OF IOWA CITY INVESTMENTS ON HAND LISTING BY INSTITUTION $ 108,557,987.22 $ 104,709,962.37 $ 11,560,000.00 $ 8,500,000.00 $ - $ - $ 22,156,608.00 $ 22,206,608.00 $142,274,595.22 $135,416,570.37 3/31 /10 3/31 /09 INSTITUTION INVESTMENT INVESTMENT DEPOSITORY NAME AMOUNT AMOUNT LIMIT AMERICAN BANK & TRUST $ 8,197,315.00 $ 12,197,315.00 $ 25,000,000.00 BANK OF THE WEST $ 20,000,000.00 $ 7,000,000.00 $ 75,000,000.00 FARMERS & MERCHANTS SAVINGS BANK $ 2,000,000.00 $ 10,422,140.00 $ 15,000,000.00 FIRST AMERICAN BANK $ - $ 20,694,948.71 $ 35,000,000.00 FREEDOM SECURITY BANK $ 4,274,504.00 $ 4,274,504.00 $ 15,000,000.00 HILLS BANK & TRUST $ 9,290,781.67 $ 11,000,000.00 $ 25,000,000.00 IOWA PUBLIC AGENCY INVESTMENT TRUST $ 46,951,994.55 $ 12,777,662.66 N/A LIBERTY BANK $ 9,000,000.00 $ 8,000,000.00 $ 25,000,000.00 MIDWESTONE BANK $ 29,000,000.00 $ 19,000,000.00 $ 35,000,000.00 U OF I COMM CREDIT UNION $ 8,000,000.00 $ 12,000,000.00 $ 50,000,000.00 US BANK $ - $ - $ 65,000,000.00 US TREASURY NOTES AND AGENCIES $ - $ - N/A WELLS FARGO BANK $ 5,560,000.00 $ 18,050,000.00 $ 50,000,000.00 WEST BANK $ - $ - $ 35,000,000.00 TOTAL $142,274,595.22 $135,416,570.37 IP15 ~~ ~~` In the District Court for Johnson County u y ~ ~" ~~~~ ~{~~ Plaintiff' s Response to Defendants' ~=. '£"~, 104 ~, C~~ ~ _ ~ -~~~atement of Disputed Facts Re Suimnary Judgment. ,, `~ Robert James Hegeman, Plaintiff ) EQCV070796 ~,,.~'; ~d' ~,- vs. ) Plaintiff's % The City of Iowa City and the ) Response to City Council of Iowa City, ) Defendants Statement Defendants ) of Disputed Facts Comes now the Plaintiff responding to Defendants' Statement of Disputed Facts filed April 1, 2010: Defendants' paragraphs 1-5: Defendants' objected to the Plaintiff's filing of a Statement of Undisputed Facts on February 17, three weeks after Plaintiff filed a Motion for Summary Judgment on January 27th. Attached to Plaintiff's Motion for Summary Judgment was Plaintiff's Brief in Support of the Motion for Summary Judgment. This brief explicitly stated the facts on pages 1-3. The important point is that Plaintiff's subsequent Statement of Undisputed Facts was taken word for word from the Plaintiff's brief filed January 27th with but a couple of insignificant wording changes of no legal consequence. The sentences were simply numbered and the referenced pages in the record were attached for the convenience of the reader. Comparing the two statements will verify the above. Defendants had a clear statement of the facts with references to the record on which Plaintiff relies for his Motion for Summary Judgment. In no way were Defedants' disadvantaged. Were they so, they should have 1 objected within 10 days after February 17, not 40 days later. The facts relied on by Plaintiff are well supported in the record by the references supplied. Plaintiff responds to Defendants Statement of Disputed Facts as follows: Defendants' Paragraphs 6, 7 ~ 8: Defendants' distinctions in their paragraphs 6, 7 and 8 are of no legal consequence to this case. Defendant's Paragraph 9: Defendant cites no reference in the record from which one can conclude that Plaintiff had actual notice of the rezoning changes prior to the last day of the hearing on April 6, 2009. Defendant's Paragraph 10: The issue of notice is not a necessary element to Plaintiff's Motion for Summary Judgment. It may be relevant to Defendants' Cross Motion. Defendants do not cite any evidence in the record that prior to April 6, Defendant City Council reached a decision to change the area being rezoned. Notice may not be imputed from a proposal made to the Council on which no formal Council action was taken. Defendant's Paragraph 11 & 12: Defendants' provide no record evidence to support their position. Defendant's Paragraph 13: Defendants' calculated the sufficiency of the petition on May 5, not at the close of the Hearing on April 6. Return to the Writ, p 353. Nor do Defendants' cite any legal authority for determining the sufficiency of a 414.5 protest petition at the close of the hearing, which is precisely the ultimate issue to be decided in this case. ~, ~~ ~°~ o Wherefore, because Defendants' had clear notice of tie -.~'ac a ' ~- =b ~_ on which Plaintiff relied, Plaintiff requests that eta C~rt ~ find that there was an adequate statement _ of facts ~~T~~e~ ~`~"°~ _~ ti 2 c~ with the original motion and grant Plaintiff's Motion for a Hearing on Summary Judgment. Plaintiff reaffirms his Resistance to Defendant's Cross Motion for Summary Judgment and requests that Defendants' Cross Motion be dismissed. Finally, Plaintiff recognizes that with trial set for May 5, it is now unlikely that any motion for Summary Judgment can be scheduled, heard and decided before trial. /,~ Robe t J. Heg man 44 Tuc e Iowa City, Iowa 52246 R.oberthegeman@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, Iowa 52240 CERTIFICATE OF SERVICE (PRIVATE) I certify that PLAINTIFF'S Response to Defendants' Statement of Disputed Facts dated 4/7/2010 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 April 7,. 2010, addressed to Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240 ~//,~~i r .'sb ~~ e~ •. ~-!~ 3 ~ ~~ ``r~~ 4 ~ < <~ ti 0 ~a ~. ~ ~ ~ °~ ~~~ a r~ _.. G~ ~~ the District Court for Johnson County ~~ 2010 APR -8 !'•2~ ~~~aintiff's Statement of Disputed Facts ~~, Ci ral ~°.,. ~ti ~ `~ 40~'~~ ~~~e~~;~stance to Defendants' Cross Motion ~¢~r ', ,;. Summary Judgment 1~~' ~~ `~,. ,-~, ., '; ~~%, .~, r ~- t_ ~ -~: Robert James Hegeman, Plaintiff ) EQCV070796 -~, ~ `~ ~, vs . ) Plaintiff' s '~=4%{ The City of Iowa City and the ) Statement of City Council of Iowa City, ) Disputed Facts Defendants ) (Defendants 9 C) Comes now the Plaintiff responding to Defendants' Statement of Facts: Referring to the public hearing on March 24, 2009, Defendants' paragraph 9 C states: Council discussed and expressed their desire to eliminate the Seventh and Eighth Additions from the present rezoning request in order to preserve Council's ability to impose certain development conditions generated by the public's concerns at the time said land would be rezoned. (Return to the Writ 183-187). Council did not take any formal action on changing the rezoning area on March 24. See Dilkes "We can't vote tonight on ... on making it Outlot D." and Bailey "It can't by Outlot D tonight. So we can't do that tonight. Others?" P. 185, the Writ. Discussions by Council members does not rise to the level of formal action by the Council. Because there was no formal action by Council, there was no clear notice to anyone that the rezoning changes had been made. Defendants' 9 C statement should have said "Council members discussed and some expressed their individual opinions to eliminate ." 1 Robe t eg man 44 Tu on la e Iowa City, Io a 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, Iowa 52240 CERTIFICATE OF SERVICE (PRIVATE) I certify that PLAINTIFF'S Statement of Disputed Facts dated 4/7/2010 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 April 7,. 2010, addressed to Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240 ~~ : ~/~ 2 N d a ~ 6 ~..} ~ ~~ " ( ~ j "~'q y i ~~.~---yy b/ ~ ~ € ~r5 R' ~'1 U4-22-1 U IP16 Mediacom ;, k Apri18, 2010 2010 ~,~'R 13 ~~°1 I ~ 3~ 10 r'',~ G f ~ Y, i 01~z ~~'. Ms. Marian Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240-1826. Dear Ms. Karr, This letter is to notify your city of upcoming channel additions. On or about May 15th, 2010 the following high definition channels will launch: Channel Spike in HD Comedy Central in HD Nickelodeon in HD MTV in HD VH 1 in HD CMT in HD New Channel Location 870 871 877 872 873 875 These channels will be added to the Family HD tier at no additional charge and are available to Family Cable customers who currently have an HD converter or cable card from Mediacom and have an HD capable television. If there are any questions please call me at 319-395-9699 ext 323. Sincerely, t~ ~~ Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation 6300 Council St. NE • Cedar Rapids, IA 52402 • 319-395-7801 • Fax 319-393-7017 IP17 PRESS ADVISORY FOR IMMEDIATE USE Tuesday, March 31, 2010 CONTACT: Bethany Bender, Neighborhood Centers of Johnson County 319-354-7989 `319 Music Fest' to Celebrate SE Iowa City Neighborhoods AmeriCorps and Neighborhood Centers of Johnson County are announcing the first annua1319 Music Festival to take place on May 8~ from 1-7pm in Wetherby Park located at 2400 Taylor Dr., Iowa City . The 319 Festival will feature local and big name artists, as well as youth talent from Southeast Iowa City. Musical acts include: Dave Zollo, Idris Goodwin, Kevin'BF' Burt, Tom Nothnagle, Midwest Quality, Agri Cultor, and rae and the Honeybees. Food vendors and children's activities will also be part of the event. Organizers of the festival invite all of Iowa City to join South side neighborhoods in this celebration of music and the creation of one Iowa City community. To volunteer at the event, or for more information, please contact Bethany at 319- 354 - 7989 or email us at musicfest319Ca yahoo.com. ### .e, ~ `~rr,R s~ ~, }~ ~ -~ ~ ~ ; _ '- i ~ ~ ~ ~- .. ~ ` .: - ..~ a ._ ,~..~ . ,~ ~. ~ ~ ~~.. .~ h f i~ .~ ... k ~ , fir! ,.7 ~, dry-: .,, ,~~, n ~ .T'~ ~~i~ - -.e ~ ~ r ~ ~ k ~ ~i iy X11 ~ _ ~ t~~ y ~~ 4. .~ i` .~~ ~ ~r=~~~ r .~. '~ ~"'~' ~ ~ ~' ,~~~ r~ ~~ ~,.~::- ~' ~~.:. r ,.~ ~ .r,.~ '~ ~x ~,'z. ~. _~ _, ~.~ ' `` '~ _ _ f ~l _ ~,:~ __ i, .,.. ~`;. ... .~ ~ - _ -- 'r ~,~ z # ^ ~ ~~y~ ! ~ „~-~ 1. ~. 3: rw ;~ ~ ns~' h M. ~ ~ 9 ~, 1h ~f ~ j wetherby pa iowa city ''""1 ~~. a, "a9d ^ SE Side PrExs+~nts: ~+ • ~~.~~ f i ~ ~ G~ - ~~ ~~. • ai tL ~ _ The 319 Music Fest will feature local professional musicians and amateur youth artists. It will be located on the SE side of Iowa City as a way to bring the arts to a largely low-income neighbor- hood, promote a safe summer, and improve the image of the SE side of Iowa City. Contacts: NCJC Sue Freeman Program Director, Broadway Center PO Box 2491 Iowa City, IA 52244 (319) 354-7989 Sue-Freeman@ncjc.org Details: AmeriCorps Bethany Bender AmeriCorps VISTA Community Development, (319) 354-7989 Bethany-Bender@ncjc.org Kristin Allen AmeriCorps NCJC 319 Music Coordinator (319) 354-7989 Kristin-Allen@ncjc.org Location: Wetherby Park (2400 Taylor Dr., Iowa City) Date: Saturday, May 8 2010 Time: 12-7pm Our goals 1) To celebrate the rich heritage of African American music 2) To provide a place for local musicians to perform 3) To provide a free venue for low-income members of our community to enjoy the arts in their own neighborhood 4) To build relationships between neighbors and in turn strengthen the community 5) To improve the image and vitality of the South East side of Iowa City 6) To empower residents by inviting them to utilize their musical and technical talents 7) To enhance community relationships 8) To provide a learning experience through volunteerism and performance for at-risk youth © ~ r7-. NEIGHBORHOOD~~ CENTERS of 1a~lmsan Crnmb PRESS RELEASE Law Day at the Johnson Coun#y Courthouse Thursday, April 29, 2010 -- 3:00 - 4:30 p.m. This year's theme is Constitution Then & Now LAW DAY IN THE UNITED STATES WAS CREATED BY PRESIDENT EISENHOWER 1N 1958 TO CELEBRATE THE RULE OF LAW AND THE AMERICAN CONSTITUTIONAL FORM OF GOVERNMENT. IN IOWA, LAW DAY iS SPONSORED BY THE JUDICIAL BRANCH OF THE STATE GOVERNMENT AND IS OBSERVED IN EACH OF THE 100 COUNTY COURTHOUSES IN IOWA. STUDENTS FROM WEST WIGH SCHOOL We the People The Citizen -The Constitution National Finalists Presentation will be made. TECHNOLOGY IN THE COURTROOM: Blogging by Trisha Mehaffey from KCRG will be presenting. ACTIVITIES FOR KIDS: Quizzes about Legal Matters Balloons Posters with Legal Quotations Crime Dog GET YOUR NAME PRINTED BY A COURT REPORTER FROM HER MACHINE 3:45 P.M. PROGRAM: 3~ FLOOR, COURTROOM 3-A WITH INTRODUCTION OF VIP GUESTS GUESTS: MS. TRISH MEHAFFEY, Technology In the Courtroom/Blogging Students from West High School We the People The Citizen The Constitution National Finalists Judge Fae Hoover-Grinde REFRESHMENTS WILL BE SERVED FOR MORE INFORMATION, CONTACT: MARTY DIAZ, LAW DAY COORDINATOR; 319-339-4350 E-MAIL: martyt~martindiazlaw.com DISTRICT COURT JUDGE FAE HOOVER GRINDE JOHNSON COUNTY COURTHOUSE 319-356-6075; E-MAIL: foe.hoover-grinde(a~iowacourts.gov IP19 Dale Helling _ _ From: City of Iowa City [web@iowa-city.org] Sent: Monday, April 19, 2010 12:34 PM To: Dale Helling Subject: City implements loan fund for investment in renewable energy, energy-efficient systems - ._.r _. -- .__ , :~-0I13'M.~d? "_. __, 4'-t"^.`_ _~_C ~ --:i y i~ir~_ a-_.:.r~=~z`~=~`..,',:j -..-_, Media Release ..,~.~~~ City implements loan fund for investment in contact: wenav Ford renewable energy, energy-efficient systems Contact Phone: (319) 356-5248 Posted by: Economic Dev. I Mailing List(s): General City News =- Originally Posted 4/19/2010 12:34:02 PM ,~~ -~ The City of Iowa City has implemented the G ~,~' _ Energy Conservation Opportunity Revolving "'' Loan Fund (ECO-RLF), aloes-interest loan fund to help Iowa City businesses and '~. nonprofit organizations invest in renewable --_ energy systems, energy-efficient lighting, high-efficiency heating and air conditioning T `~~°a , . systems, water conservation, insulation, and energy-efficient doors and windows. ECO-RLF, which will be administered by ECO-RLF logo the City's Economic Development Division, will offer loans of $25,000 to $125,000. In addition to generating local interest and investment in energy efficiency, the program is expected to help create and retain local jobs. The revolving loan structure allows for repayment of the loan to occur through the cost savings realized from the energy conservation projects. Terms for the ECO-RLF loans will be set up for no more than 10 years. Loan applicants are also encouraged to investigate MidAmerican's Energy Partners Program, which offers rebates for implementing energy-efficiency projects. The City, which has undertaken its own efforts to invest in green, sustainable practices, hopes the program will entice local businesses and groups to implement similar projects, not only for the purposes of conservation and sustainability, but also because of the cost savings that can result. In one of its first energy-conservation projects, the City installed LED lighting in the Court Street Parking Garage. LED lights last twice as long as the old lights, require less maintenance, use less electricity, and have reduced utility bills for lighting the ramp by half, from $2,000 to $1,000 per month. The City plans to install LED lighting in four other parking garages in July. The utility cost savings, estimated to be approximately $60,000 per year, will pay for the lighting projects in just four years. For more information on the program, or for an application, visit the City's website at www.icgov.orq/ECO-RLF or contact Wendy Ford, City of Iowa City Economic Development Coordinator, at 319.356.5248 or by a-mail at wendy-ford a(~.iowa-citv.org. Final approval of all loans will be made by the City Council, and funds will become available in May. Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs page for emplOVment opportunities. • View more news from the Citv of Iowa Citv. 4/ 19/2010 IP20 Dale Helling From: City of Iowa City [web@iowa-city.orgJ Sent: Monday, April 19, 2010 12:27 PM To: Dale Helling Subject: LED lighting cuts City's parking ramp utility bill by 50% ?;; ~,~ ~ F . -~ T 'f Mec~~a Release ,~.._~, ~~~.w~ ~..~ _ -- ,- LED lighting cuts City's parking ramp utility bill by Contact: Kristopher Ackerson 50% Contact Phone: (319) 356-5247 Posted by: Planning Department Mailing List(s): General City News Originally Posted 4/19/2010 12:26:30 PM Upgrades to lighting in City of Iowa City parking facilities are already paying off -- literally. Utility bills for the Court Street Parking Facility, which had new energy-efficient LED lighting installed in December, have decreased by half, saving the City approximately $1,000 per month. In addition, the project was granted a $45,000 rebate from MidAmerican Energy Company as part of its Energy Partners Program, which helped reduce the cost of the project. In July, LED lighting will be installed in four other City-owned ramps -- Capitol Street, Dubuque Street, Chauncey Swan, and Tower Place. Like the Court Street ramp, each is expected to save the City $1,000 per month in lighting costs. The City received a $419,000 grant last year from the State Energy Program for the project, which will replace older lighting fixtures in City-owned parking ramps with more energy-efficient LED lighting. LED lights last twice as long, require less maintenance, use less electricity, and are expected to reduce the City's costs of lighting the parking ramps by 50%, or $60,000 per year. The projects are part of a City-wide effort to invest in and implement green, sustainable practices which often also provide substantial cost savings. Total cost of the lighting project is expected to be around $1,257,000, minus the grant from the State and the rebate from MidAmerican Energy. The City plans to apply for additional rebates from Mid-American after the four remaining ramp-lighting projects are completed. Kristopher Ackerson, Assistant Transportation Planner with the Johnson County Council of Governments, estimates that the cost savings from the new lights will be so significant that the City will recoup the balance of the cost of the projects in just four years. After that, the City will continue to save money on electric bills with the LED lighting technology. The grant received from the State is part of approximately $40.5 million that is being allocated for projects across Iowa to help create an economically viable and environmentally sound energy future by reducing per capita energy consumption by at least 25% by the year 2012. Funds were made available through the American Recovery and Reinvestment Act. For more information, contact Kristopher Ackerson at 356.5247 or e-mail kristopher- ackersonCa~iowa-citv.org. Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit vour subscription details. • Visit our iobs page for employment opportunities. • View more news from the City of Iowa City. 4/19/2010 Preliminary Minutes March 2010 MINUTES SENIOR CENTER COMMISSION MARCH 25, 2010 ROOM 208, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Merce Bem-Klug, Chuck Felling, Jay Honohan, Michael Lensing, Sarah Maiers, Jean Martin, Charlotte Walker Members Absent: None Staff Present: Linda Kopping, Emily Light Others Present: Dave Dowell, Pat Ephgrave, Bob Welsh, Mary Wiemann, Tim Getty, Liz Selk, Tala Waters, Kellie Elliott-Kapparos, Eve Casserly RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chained the meeting. APPROVAL OF MINUTES FROM FEBRUARY 18, 2010 MEETING: Motion: To accept the minutes from the February 18, 2010 meeting. Motion carried on a vote of 7/0. MartiNFelling. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will visit the Board of Supervisors to report on the March meeting. Lensing will give a report to the City Council; Martin will attend with him. DISCUSSION OF FINANCIAL NEEDS AND OPERATION OF THE DINING PROGRAM: Honohan said questions arose in relation to the tilt skillet, which is in need of repair or replacement. Anew unit could cost up to $12,000 and there is a lot of concern over who should pay for the needed piece of equipment. Honohan said 04-22-10 IP21 Preliminary Minutes March 2010 he reread the lease before this meeting, and he is not sure we know who owns which pieces of equipment in the kitchen area; something we need to understand when determining responsibility for equipment maintenance. Liz Seik handed Honohan an equipment inventory indicating ownership of kitchen equipment that was developed at the time Heritage terminated its meal contract with the Johnson County Board of Supervisors. Selk said Kopping and Honohan were aware of this inventory, and she thought the City Attorney signed off on it. Honohan said that is correct, but that the lease states, "Lessee acknowledges that presently there is a dispute among the City of Iowa City, Heritage Agency, and Johnson County with respect to the ownership of certain items contained in Exhibit B." Honohan said he believed that dispute had never been resolved. Selk said that Heritage signed away claims of ownership of the equipment in question because the dispute was holding up progress toward working with Elder Services. Walker asked if this is in writing. Selk said she was not certain, but she believes she signed a document and mailed it back to the City Attomey. Regardless, Heritage does not claim ownership of any of the equipment in question. Bem-Klug said, as she sees it, the question is not who owns the equipment. The question is who is responsible for maintenance of the equipment. She said Eider Services provides a very valuable service within the Senior Center, and the Center does not charge for use of the space. The question is who pays for Elder Services to operate the meal program? Bem-Klug proposed creating a system in which the Senior Center assumes responsibility for buying and maintaining the kitchen equipment in exchange for a modest monthly fee paid by Elder Services. Without some system in place, the Senior Center has no control over how equipment is used and no knowledge of what equipment is needed. Lensing asked if Elder Services pays any space rental fees to the Senior Center. He was informed that they do not. Selk said Senior Dining is a federally funded program. Funds come from the federal government to the state and then to the Area Agencies on Aging (e.g. the Heritage Area Agency on Aging). Area Agencies enter into contractual agreements with local organizations willing to take responsibility for the nutrition program and then distribute funds to support the meal programs. Every Heritage nutrition contract requires a 25% match. Among 42 meal sites, neither Heritage nor the meal providers pay any premises costs, such as rent or Preliminary Minutes March 2010 utilities. Those costs are absorbed by the communities in which the meal sites operate and considered part (or all) of the local match for those programs. Selk said if the Senior Center were to charge Elder Services rent, the dining site would likely have to close at the Senior Center because of the lack of matching contribution. Honohan asked if Heritage ever covers equipment costs, as opposed to premises costs. Selk said in the past, when funding was not so tight, Heritage might use unspent funds in the budget to upgrade or replace equipment. At this time, no money is available or set aside for equipment. For the last two years, Heritage has had to cap meals served to seniors in their seven counties because of budget constraints. Currently, Heritage estimates that it will serve 68,000 meals more than they have funds to prepare, and anticipates that they will have to cap meals. At a Heritage advisory council meeting this morning, Selk asked the board if there were to be an excess $12,000 in the budget, would they want to cap meals or pay for a piece of equipment. The board's unanimous vote was not to fund equipment. Any excess money in the budget should be used for feeding seniors, not paying for equipment. Selk reported that among the 42 meal sites, only two have tilt skillets (other than the meal site at the Senior Center). Both of those were purchased through grant funding awarded to the meal providers. Selk said the Senior Center meal site has a steam kettle, which can do everything a tilt skillet does except for preparing proteins. Heritage thinks a tilt skillet is a valuable piece of equipment, but maybe not a necessary one, as only three sites out of 42 have one. Walker said the big meal providers need a tilt skillet. Kopping asked if the money Elder Services is paid for each meal comes from federal funds. Selk said it is comprised of both federal funds and program income. 46% of revenue comes from federal funding. Kopping asked what happens with the donations or payments given at this meal site. Selk said they go into a general pot and are dispersed among all meal sites. Each site is funded based on the number of meals served. Selk said federal law dictates that the meal site must post a sign that indicates the cost of the meal and a suggested contribution. They also must place an anonymous box out of public view for collecting contributions. Federal law does not allow oversight of how much an individual contributes. Kopping said the Senior Center has typically maintained the kitchen fixtures, but has not maintained equipment. Preliminary Minutes March 2010 Kopping asked if all meal sites receive the same reimbursement rate. Selk said no, it is based on the purchase of service amounts. Allocations for staff are based on how many meals are served. The amount allotted for raw food is capped at $1.65 per meal. The purchase of service rates or total reimbursement per meal is capped at $4.66. Dowell asked if the meal site sign states that no donation is necessary. Selk said there is no provision in the law requiring that statement. Honohan asked Selk if meal sites with more staff receive a higher rate of reimbursement. She said each site receives a purchase of service rate (per meal) based on their costs. The more people served, the higher the rate, up to the maximum amount. Waters said that personnel costs are one of the factors in determining the purchase of service rate. Anotherfactor is the amount of additional community revenues above and beyond the required 25% match. Lensing asked if funds were donated to the Senior Center for support of kitchen equipment, would they need to be reported to Heritage? Selk said those contributions would not need to be reported to Heritage. She said donations could also be given to Elder Services and placed in a restricted fund for equipment. While Heritage has a formal and contractual relationship with Elder Services, it has a very informal relationship with the Senior Center. Bem-Klug asked if the Senior Center's contributions are only counted toward this meal site's 25% match, or is it going toward other sites that receive less support. Bem-Klug asked if the Senior Center receives any documentation of how much is being Gaimed as a match from the Senior Center. Kopping said no. Bem-Klug thinks it would be helpful for the Senior Center to know how much it is said to be contributing toward the meal program. It is a gift of the Senior Center and credit should be given for this match. Bem-Klug asked, if the contract were awarded to a national company, would that company supply the equipment? Selk said yes. But Heritage has never contracted with a national chain, such as Bateman. They prefer to keep the contract local. The fear is that a national chain would find a larger kitchen faality for all food preparation and send out frozen pre-packaged meals to all sites. Selk said she does not think that is the way the seven counties in the Heritage area want to get their food. Walker asked if Waterloo is serving frozen meals. Selk said Waterloo is using Valley Foods, and they have one hot kitchen where all meals are prepared. Some of the hot meals are taken to sites in warmers; others are frozen and distributed to other sites. Preliminary Minutes March 2010 Walker asked about elderly waiver money that is coming into the system for Meals on Wheels. It is paid at a much higher rate. Where is that money going? Selk said every kitchen does home-delivered meals and congregate meals. Some provide waiver meals, which has nothing to do with the Older Americans Act or Heritage. That is a contract between the meal provider and the Department of Human Services. Since all meals are being prepared together, Heritage can only reimburse for the percentage of meals being distributed through the Older Americans Act, which is fi3% at the Senior Center site. Therefore, Heritage only funds 63% of the allotted salaries for cooks, drivers, etc. Kopping asked, if the Senior Center came up with a finanaal agreement with Elder Services for the 37% of meals prepared here for the waiver program, would Heritage be concerned about that? Selk said Heritage would have no involvement with this. Kopping pointed out that the walk-in coolers and freezers are old. They will break down eventually. The question is who will pay for major repairs and replacement. Bem-Klug said that she thinks the Senior Center should own and maintain the kitchen equipment. Walker pointed out that Elder Services received the same amount as the Senior Center from Eleanor Hughes' bequest; over $250,000. Honohan said he had researched and found that as of June 30, 2009, Elder Services still had around $139,000 remaining from the Hughes bequest. Elder Services has the money in a restricted fund, with the policy that the funds are to sustain and enhance the meal program in Johnson County for years to come. Honohan said he believes that the money could logically be used for capital improvement, such as equipment. He thinks this kind of expense would be the kind that Eleanor Hughes would have wanted the money to be used for. Honohan pointed out that the Senior Center has used a good deal of endowment funds to enhance the Assembly Room, and by extension, the meal program. Kopping said the Senior Center needs to be able to control the use of any equipment it owns to ensure that it is used and maintained properly. Wiemann pointed out that she approached the Commission last year to ask for extended use of the kitchen, and ofFered to consider a rental fee for the extended access if the Senior Center presented her with a number. Wiemann said it is good to keep it local because the meal contract is half of Elder Services' business, and losing the contract would have an impact on their ability to provide other services. Preliminary Minutes March 2010 Kopping said things get sticky because the City facility cannot be used for making profits. Motion: That the Senior Center Commission and appropriate staff work with representatives of Elder Services to come up with an agreement for the provision of meals for seniors in Johnson County. Motion carried on a vote of 7/0. Lensing/Martin. The committee would have to make recommendations to both of the boards and to the City Council. Walker said it is important that if Elder Services is going to provide that level of service at this facility, the kitchen needs a tilt skillet. Bem-Klug asked about the Senior Center's liability for injuries on equipment that is used by Elder Services, but owned by the Senior Center. Welsh said he recommended that the equipment ownership be turned over to the City/Senior Center. Welsh said he thinks whoever owns the equipment has the responsibility to maintain it. Selk said she appreciated the meeting invitation. If it comes to buying new equipment, Tim Getty is in tune with good equipment purchasing opportunities. Honohan, Walker, Bern-Klug, and Kopping will serve on the joint committee from the Senior Center. Honohan said he will compile all the information he has on the Eleanor Hughes bequest. DISCUSSION OF RESTRICTING NAMING RIGHTS IN RECOGNITION OF FINANCIAL OR PERSONAL CONTRIBUTIONS: Kopping distributed the response from the Library Foundation board, which suggested forming a committee, made up of representatives from affected City departments, to explore options for a naming and recognition policy that is more appropriate to the needs and goals of these City departments. The board discussed the naming rights policy proposed by Dale Helling, keeping in mind previous considerations about naming the Assembly Room after Eleanor Hughes. The group focused on the word "strictly" and everyone agreed that they would never rename any faalities strictly in exchange for a monetary gift. The board also discussed the phrase "of historic significance" and questioned who was to determine which people fall into that category. Would this requirement disqualify the Commission from naming the Assembly Room after Preliminary Minutes March 2010 Eleanor Hughes ten years after her death? She was a significant figure at the Senior Center, but would she be considered a person "of historic significance"? Welsh said the Board of Supervisors discussed naming their new building after Carol Thompson, but ultimately rejected the proposal with the position that the facilities belong to the community. They do not exist to honor one person. Dowell said there could be a memorial plaque to honor people for their gifts instead. Kopping posed a hypothetical question: if someone were to make a major contribution toward the construction of a new, bigger, better Senior Center facility, would the Commission want the option to name the building after them? Motion: To support the Library Foundation's recommendation to form a committee of representatives from various City departments to discuss the naming policy. Motion carried on a vote of 6/1. Martin/Maiers. Walker voted no. Bem-Klug said she would like to ask for clarification on the definition of "public facilities." DISCUSSION OF POLICY RECOMMENDATIONS FOR VIOLATIONS OF CODE OF CONDUCT: Kopping said the committee did not meet, so they have nothing to report. They will present at next meeting. UPDATE ON BOARD APPOINTMENTS FOR FRIENDS OF THE CENTER: Honohan reported that the following nominees accepted the invitation to join the Friends of the Center board: Nancy Wombacher, Melanie Haupert, and Roger Riley. Patricia Hayek declined because a possible conflict of interest. Sue Shallau is considering it. Karen Franklin has not been contacted yet by phone. Kopping sent an email, but has not yet received a response. OPERATIONAL OVERVIEW: Kopping said that a leak in the shower area was discovered recently. Kopping said everyone here is frustrated with the problem, and maintenance staff is working to have it repaired quickly. Kopping said the ceramics room remains closed. Kopping plans to personally develop guidelines and work with discipline committee appointed at the last meeting, and she will report on the progress at the next meeting. COMMISSION DISCUSSION: Preliminary Minutes March 2010 Board of Supervisors Report on the February Meeting: Honohan will report at the next Board of Supervisors meeting because he missed the last one. City Council Report on the February Meeting: Lensing visited the Council and reported on the self-assessment process. Felling noted that he liked the TV commercial, and Kopping said she has received a lot of positive feedback. ADJOURNMENT• Motion: To Adjourn. Motion carried on a vote of 710. Maiers/Felling. ~o d~ ~o C_ N ~ V ~~ «1 ~ C .~ .~ a O ~N .~ V v ~~ ar d v ~ o ea ~ ~ N ~ Q } m N r 00 ~_ N O r C77 r O r r O N N N N X X X X X X X M M X X X X 0 X X N N X X X X ~ X m ~- N O O O1 N ~ W C 7 M M M M M M ` N N N N ~ N t~ T r !~ r r l'~ r E c ~ Y ~ ~~ ~ ~ m ~ y c N m o ~ 'ca ~C a i v LL, c O ~ ~ ~ ~ N m a,f Y = O L O ~ `? ~ t N O ~ Z Y ~ U ~ ~ ~ ~ U -~ ~ ~ X c E W'~ ~ C ~ m ~ y O N ~ ~C a`Q¢zz 11 II W cd II XOOZ; >, a~ Y DRAFT - IP22 POLICE CITIZENS REVIEW BOARD MINUTES -April 13, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 5:36 PM MEMBERS PRESENT: Janie Braverman, Royceann Porter MEMBERS ABSENT: Joseph Treloar, Vershawn Young STAFF PRESENT: Staff Catherine Pugh (5:31 p) and Kellie Tuttle OTHERS PRESENT: Lt. Hart, Sgt Droll, and Office Smithey of the ICPD; and public Caroline Dieterle, Nicole Karlis, and Dean Abel (5:33p) RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Braverman and seconded by Porter to adopt the consent calendar as presented or amended. • Minutes of the meeting on 03/09/10 • ICPD General Order 01-01 (Racial Profiling) - *removed from consent calendar • ICPD Quarterly/Summary Report (Quarter 1) -IAIR/PCRB, 2010 • ICPD Use of Force Report -January 2010 • ICPD Use of Force Report -February 2010 • ICPD Department Memo #10-09 (January-February 2010 Use of Force Review) • ICPD P.A.U.L.A. Report -March 2010 Motion carried, 3/0, Treloar and Young absent. *Motion by Braverman, seconded by Porter to remove ICPD General Order 01-01 (Racial Profiling) from the consent calendar and reconsider at the next meeting under Comprehensive Review of PCRB Ordinance, By-Laws, SOP's to continue the discussion on recommending the ICPD hand out a PCRB form when they have someone file a complaint in PD. Motion carried, 3/0, Treloar and Young absent. Braverman wanted to confirm that the numbers on the Quarterly/Summary Report (Quarter 1) -IAIR/PCRB was up to date. Hart said he would check into it and have Captain Wyss report back at the next meeting. Braverman asked too clarify on the February Use of Force Inc#09921, what the reference to the red dot was. Hart explained that its an infrared laser for tasers and gives guidance to the officer when using the taser. NEW BUSINESS Discussion of Conflict of Interest -The Board. agreed to table this item until the next meeting when all members were present. PCRB April 13, 2010 Page 2 OLD BUSINESS Comprehensive Review of PCRB Ordinance By-Laws, SOP's -The Board received a summary in their packet of the discussion from the March 9th meeting and a summary of the previous Complaint Registry/Monitoring System discussions. A brief review was done of the summary. Braverman handed out an outline (archived in the April 13th meeting packet) with points for the Board to talk about concerning By-Laws and Standard Operating Procedures. The Board discussed the ideas and Braverman will summarize the discussion and include in the next meeting packet for further consideration. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Tuttle informed the Board of the resignation from Vershawn Young and that the vacancy had been announced and the deadline for applications was Wednesday, May 5th and Council could appoint on Monday, May 10th, however the vacancy not effective until July 1, 2010. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 15, 2010, 12:00 PM, Lobby Conference Rm -Added at 4/13 meeting • May 11, 2010, 5:30 PM, Lobby Conference Rm • June 8, 2010, 5:30 PM, Lobby Conference Rm • July 13, 2010, 5:30 PM, Lobby Conference Rm Motion by Braverman, seconded by Porter to hold a special executive session only meeting on Thursday, April 15th at 12:00 PM. Motion carried, 3/0, Treloar and Young absent. ADJOURNMENT Motion for adjournment by Braverman, seconded by Porter. Motion carried, 3/0, Treloar and Young absent. Meeting adjourned at 7:02 PM ~~o~c zz~~~ °~a~~~ ~~ ~~~ ~ °~ cL o 0 0~ c ms o ~~ o a ~ fD ~ ..~ ~ ~ ~ ..t ~ ~ s - eo ~ o ~o p °' a~ o_ ~ fD C ~ y x ~ ~ s _ ~ ~ ~ , ~ ~~ ~ N _ N W ~+-~ N ro ~ o ~ ~ ~ .. ~ ~ ~ ~ N i i ~ ~ ~ ~ J ly, ~ A i ~ ~ ~ ~ ~ W y H t~J ~ d p~ ~ ~ t7 ~ ~ o ~j 0 r n r~ n y C CrJ Cd DRAFT _ IP23 POLICE CITIZENS REVIEW BOARD MINUTES -April 15, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 12:00 P.M. MEMBERS PRESENT: Janie Braverman, Royceann Porter (12:09p), Joseph Treloar, Vershawn Young MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #10-02 EXECUTIVE SESSION Motion by Young and seconded by Braverman to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Porter absent. Open session adjourned at 12:02 P.M. REGULAR SESSION Returned to open session at 12:36 P.M. Motion by Treloar, seconded by Braverman to dismiss PCRB Complaint #10-02 for lack of standing based on City Code section 8-8-3 (B). Motion carried, 5/0. Motion by Treloar, seconded by Braverman to submit PCRB Complaint #10-03 based on the allegations contained in PCRB Complaint #10-02. Motion carried, 5/0. Motion by Young, seconded by Treloar to give additional direction along with PCRB complaint #10-03 to the Chief. Motion defeated, 0/5. ADJOURNMENT Motion for adjournment by Young, seconded by Braverman. Motion carried, 5/0. Meeting adjourned at 12:38 P.M. ~~O~C zz~~b a ~~~ ~~ ~~~. ~ ~ ~ °~' -~ ~ ~+ o 0 0~ ~° o ~o~ o~ a .,~ a~ ~; a m o =e ~ ~ ~ or°q ~' ~ ~ °' ~ ~ ~ . ~ ~ ~ ~ x ' ~ ~ ua ~ ~ ~ ~ ~ ~ ~~ _~ ~ ~ ~ _ ~ ~ b N N w w N ~~, o ~ ~ ~ ~ ~ ~ ~ N i i ~ ~ ~ ~ J 0 ~ ~ ~ ~ ~i o Q ~ ~ W ~ ~ ~ ~ ~ i d ~~i b r ~~ ~~ ~-3 f~ ~ ~" y ~y~ ~~~ N ~j O F+ O n ~ 0 Q V PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint PCRB #10-02 Complaint PCRB #10-02, filed March 26, 2010, was summarily dismissed based on City Code section 8-8-3 (B): Definition of Complaint; Complaint Process in General: B. Any person with personal knowledge of the alleged police misconduct ~~ may file a PCRB complaint with the board. In order to have personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint maybe filed by such person's designated representative. The city manager, the police chief, the city council or the board itself may file a PCRB complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the PCRB complaint may hereafter be referred to as the "complainant". DATED: April 15, 2010 N C7 d ~~ c~ -~: -- _~, ~w ~ ~~ ~ ~ ~ .~:~, .. :~ ._._ 0