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Home My WebLink About2010-04-29 Info Packet-•~..:__ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET April 29, 2010 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Letter from Mayor Hayek to Stephen Ross, Office of Challenge Grants: Letter of endorsement in support of the International Writing Program IP3 Memorandum from the City Attorney: Denial of Liquor License Renewal Based on PAULA rate IP4 Letter from Jennifer Price, Emma Goldman Clinic: Payment in lieu of taxes IP5 District Court for Johnson County Robert James Hegeman, Plaintiff vs. The City of Iowa City and the City Council of Iowa City, Defendants IP6 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP7 The Planner -April 26, 2010 IP8 News Release: Weber Days Events throughout Johnson County in May IP9 News Release: Applications for first three UniverCity homes due May 7 IP10 News Release: No Great Garlic Mustard Challenge planned this year, but City will offer community support IP11 News Release: Poetry in Public selections made -City now seeks illustrative art for next phase of program IP12 Approved Minutes: Economic Development Committee -March 16, 2010 DRAFT MINUTES IP13 Youth Advisory Commission: April 12, 2010 IP14 Housing and Community Development Commission: April 15, 2010 IP15 Historic Preservation Commission: April 8, 2010 ~ = 1 `1~iir®~~ ~. ~III~ ~ ~-` ~"®'~~ City Council Meeting Schedule and -r....__ U4-1y-1 U CITY OF IOWA CITY Work Session Agendas Ip~ www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MAY 10 Emma J. Harvat Hall TBD Special Work Session 7:OOp 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 7:OOp Regular Formal (Continue Work Session if necessary) • FRIDAY, JUNE 4 Emma J. Harvat Hall 8:OOa Special Work Session -City Manager Search • 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 • MONDAY, JULY 12 Emma J. Harvat Hall TBD Special Work Session 7:OOp 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 ~? _~~~~~ ~ .~®~•~ ~~ ;ITY OF IOWA CITY www. icgov.org CITY COUNCIL Matthew J. Hayek Mayor Ross Wilburn Mayor Pro Tem Regenia Bailey Connie Champion Terry Dickens Susan Mims Mike Wright council @iowa-city.org 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5010 Fax: (319) 356-5009 IP2 April 26, 2010 Stephen M. Ross, Director Office of Challenge Grants National Endowment for the Humanities Room 420 1100 Pennsylvania Ave, N.W. Washington DC 20506 Dear Mr. Ross: On behalf of Iowa City, I submit this letter of endorsement in support of the International Writing Program. Iowa City is a creative oasis in our state, unique to the United States of America, and we look forward to what an NEH award would bring to the state, the community, and the International Writing Program. Iowa City is a creative city in every sense. Our community was built on a foundation of education and the arts; just eight years after its founding, Iowa City became host to the University of Iowa, which since 1847 has been a catalyst to our creative endeavors. This is exemplified by the University being the first in the country to offer graduate degrees for creative projects. Over the last forty years, with the distinguished writing programs of the University of Iowa at its center, Iowa City has been host to some of the leading figures in American and world letters. The long list of creative masters who have lived and worked in Iowa City as part of the International Writing Program have truly broadened and deepened the city's connections with the world. From readings and lectures out in and with the public, to city- and state-wide outreach initiatives, it is clear that the International Writing Program is dedicated to sharing and promoting literature in all its forms. The International Writing Program is a resource for institutions across the U.S., a refuge for writers at risk, and a fertile soil for the world's brightest literary minds. An NEH award will give rise to new projects, exchanges, and conversations that will shape the future of the humanities in our world. Sincerely, ~~ Matthew J. Hayek, Mayor City of Iowa City, Iowa CC: Clty COUr1Cll Christopher Merrill, Director, International Writing Program Hugh Ferrer, Assoc. Director, International Writing Program Joseph Tiefenthaler, Logistics Coordinator, International Writing Program ~=~.:.®~ ~ul~~,~ . ,~~,.-~ CITY OF IOWA CITY MEMORANDUM IP3 Date: April 28, 2010 To: City Council From: Eleanor M. Dilkes, City Attorne Re: Denial of Liquor License Renewal Based on PAULA rate In February of 2009 the City Council adopted guidelines for the Police Chief's review of applications for renewal of a liquor license that require the Police Chief to recommend denial for any establishment with a rate of more than 1.00 PAULAs per visit assuming at least 18 visits in the 12 month renewal period. Given the current PAULA numbers it is likely the Police Chief will be recommending denial pursuant to this policy for renewals on your agenda this summer and as early as your June 1 meeting. We are currently awaiting the decision of the Administrator of the state Alcoholic Beverages Division (ABD) in the Fieldhouse's appeal of the City's denial of renewal based on the PAULA rate. This decision likely has been delayed because a new Administrator was recently appointed by the Governor. The Council has also denied the Summit a renewal based on its PAULA rate, the Summit has appealed and that appeal is currently stayed pending a decision of the Administrator in the Fieldhouse case. In the event additional establishments are denied renewal based on the PAULA rate and an appeal follows it is likely those appeals also will be stayed pending the Administrator's decision. The decision of the Administrator is appealable to district court. Please call me or Assistant City Attorney Eric Goers if you have any questions. Cc: Dale Helling, City Manager Marian Karr, City Clerk Sam Hargadine, Chief of Police Sgt. Denise Brotherton, Public Information Officer Eric Goers, Assistant City Attorney e leanor/evaluations/memoform. doc IP4 EMMA GOLDMAN CLINIC Women's Health Project (319) 337-2112 227 N. Dubuque Street FAX (319) 337-2754 Iowa City, Iowa 52245 4jprice@gmail.com Mayor Matthew Hayek 410 E. Washington St. Iowa City, IA 52240 Mazch 3, 2010 Dear Mayor Hayek, / r~~ ~~y Please find enclosed a payment in lieu of taxes from the Emma Goldman Clinic. We understand that a significant percentage of the property in Iowa City is tax exempt and the consequences to the General Fund that can come from this circumstance; we enclose a check for $1,000. This amount is the actual tax amount for our portion of the City of Iowa City's Fire and Police Departments that would be paid if we were paying property taxes. These departments have been especially helpful to Emma Goldman Clinic due to security and safety concerns. Some communities do not enforce laws or provide prompt services at facilities that provide abortion care. The Iowa City Fire and Police Department have been fair and responsive to our calls for professional emergency and law enforcement assistance. We believe it is our ethical duty to participate in this minimal obligation for our quality City services. Respectfully, _ Jennifer Price Director, Administrative Services N 0 C C'~ _ a ~~ o .~,. ~ ~R. ~ ~ Cc: Andy Rocca, Fire Chief -~ r~ w ~ Sam Hazgadine, Police Chief °`~_~ -~ ~~/ In the District Court for Johnson County plaintiff' s Certification of Service Robert James Hegeman, Plaintiff ) vs. ) The City of Iowa City and the j City Council of Iowa City, ) Defendants IP5 EQCVO7O796 Plaintiff's Certification of Service of Pretrial Documents CERTIFICATE OF SERVICE (PRIVATE) I certify that on 4/27/2010 I served the following four documents: 1. Plaintiffs DismisscationCof1Exhibats Count 2 2. Plaintiff s Cert1fi 3. Plaintiff's List of Authorities and Exhibits 4. Plaintiff's Trial Brief Council of Iowa City and the City of Iowa City on the City ositing the 2 copies of each of the four originals in by dep re aid on April 27, 2010, addressed to the US mail postage p p 410 East Washington Office of the City Clerk of Iowa City, Street, Iowa City, Iowa 52240 ~~ ~ ~~ N f~ Q C~ ~."~ ~ ~~ C`: -~s1 N C~ ry r (_°' .~~1 ~_ ~.r.6 ~ ~ .- - C.~ C~': 1 In the District Court for Johnson County Plaintiff' s Dismissal of Claims Under Count 2 ` %;, ,, Robert James Hegeman, Plaintiff ) EQCV07 07 9 6 ?; ';~= /~~ ~~`• `~ ~; The City of Iowa City and the ) PLAINTIFF' S ~:~~~'-, `-`° City Council of Iowa City, ) DISMISSAL OF %'~, Defendants ) CLAIMS UNDER COUNT ~~,.~', `~~ ~~ .~-`%' _. ~' In the interest of Judicial efficiency and to focus the trial on the most important issue of this case, Plaintiff hereby dismisses his two claims in Count 2 of his original petition, specifically that claim based on failure of notice under Iowa Code 414.5 and the claim based on Title 14, Chapter 8, Article D-5, Paragraph G, of the Code of Iowa City. Plaintiff leaves intact all portions of the original petition pertaining to his claim brought under Iowa Code 414.5, which will now be the sole remaining issue to be determined at trial May 5, 2010. 1~~~ Robe t J. Heg man 44 T on ce Iowa City, Iowa 52246 Roberthegeman@mchsi.com 391-338-5818 319-530-0553 (cell) 319-668-2491 (fax) N O Original filed ~.~ o -~v ~~ ~~ ~ Copies served on the defendants at the Office of the ~~it~ Clerk of Iowa City, 410 East Washington Street, Iowa-~~.ty, Iowa 52240 "~~~ -° ~ L r~~ .- ,~- c~ C ,~I , In the District Court for Johnson County Plaintiff' s List of Autho=ities & Exhibits ~ ~'~~ ~- -. Robert James Hegeman, Plaintiff ) EQCV070796 `>, ~`- ~-~ ~ ', ;: ~/ vs . ) . ~: For Trial ~• The City of Iowa City and the ) May 5, 2010 Y%" City Council of Iowa City, ) .~% cS`~ Defendants ) ~'~ r% ~~ ~;~~%" Iov~a Code: 414.5 Cases: Bowen v. Story County Board of Supervisors, et al, 209 N.W.2d 569 (Iowa 1973). B.& H. Investments, Inc. v. City of Coralville, 209 N.W.2d 115 (Iowa 1973). _OSAGE CONSERVATION CLUB, Appellant, vs. BOARD OF SUPERVISORS OF MITCHELL COUNTY, IOWA, Appellee, 611 N.W.2d 294 (Iowa 2000). Seibert v. Lovell, 61 N.W. 197 (Iowa, 1894). Ward v. Unincorporated Town of Clover Hills, 38 N.W.2d 109, (Iowa, 1949). Cook v. McNeal, 602 NW2d 353, (Iowa, 1999). Exhibits: 1. City Council Agenda, Regular Formal, May 5, 2009 - 7PM, pages 1-3, See Item 5. http://www.icgov.org/meeetingagenda/708.pdf 2. Transcription of the Iowa City Council regular formal me~ing .:Q~,f May 5, 2009, pages 18-19. http~,~/,(=z~.icgov.org/transcriptions/708.pdf .sr<.., t'~s a._ ,. ~~."` - l~ ~- ,_ N % .~ R e t J. egeman ~' ~ ~::~ 44 cson Place ~ ~ Iowa City, Iowa 52246 Roberthegeman@mchsi.com 319-530-0553 (cell) 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. In the District Court for Johnson County Plaintiff's Trial Brief Robert James Hegeman, Plaintiff ) vs. ) The City of Iowa City and the ) City Council of Iowa City, ) Defendants ) Introduction EQCV070796 '~t Plaintiff's Trial ~ ~ ~,.. - Brief & ~:~ • Rebuttal ~ --' s,°, t -~ - =~~ ~- i 'r-~ n -~ ~~ /~ This certiorari action challenges Defendants' jurisdiction to enact ordinance 09-4336 rezoning a sixty acre tract in southwest Iowa City known as REZ08-00011. Plaintiff's claim is brought under Iowa Code 414.5, which states: 414.5 Changes -- protest. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. In case, however, of a written protest against a change or repeal which is filed with the city clerk and signed . .by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the council. The protest, if filed, must be filed before or at the public hearing. The provisions of section 414.4 relative to public hearings and official notice apply equally to all changes or amendments. Defendants' have admitted that Plaintiff filed a sufficient 414.5 protest petition on March 10, 2009.1 But Defendants' formally determined the sufficiency of the protest petition N _ _~ ~j C',7 ~'• i 1 All dates herein are 2009 unless otherwise specified. ~ ~ N ,:; ~ ~ 1 • a ,_ `~• r1) ~' .. ~~ 5 ~- ~.. r~r*~ a ~' y;c:;tr~ ~4ai' nearly two months later on May 5, comparing it to a smaller 60 acre tract than the 80 acre tract for which notice was given and for which the protest petition was prepared. At each of the three readings, the affirmative vote was 5-2, short of the three-fourths affirmative vote that would be required by Iowa Code 414.5. Defendants have treated Ordinance 09-4336 as if it had passed. Compliance with 414.5 is mandatory and jurisdictional, failure of which deprives cities of jurisdiction to change their zoning code. Plaintiff's case turns on when the sufficiency of his protest petition was determined under Iowa law--the date of filing or some later date of Defendants' choosing. Facts Defendants provided notice for rezoning an 80 acre tract in southwest Iowa City known as REZ08-00011. Return to the Writ p 035.2 Hearings were held March 10, March 24 and April 6, 2009. pp 057, 163 & 239. Plaintiff and other owners of 20% of land within 200 feet from the area originally proposed to be rezoned submitted a protest petition at the March 10 hearing (pp 057, 070, 142-157). "Defendants admit that owners of 20% of land within 200 feet from the area originally proposed to be rezoned did submit a protest petition at the March 10, 2009, City Council meeting during the public hearing on the proposed rezoning." Def Ans., Ct.l, No 4. Sometime after the second hearing on March 24, Defendants and developer reached a new conditional zoning agreement that decreased the original eighty acre ~~ ;~:; -- ..~_ ca -~~ ~ ~ r ~, 2 All page references are to Defendants' Return to Writ of Certiorari ~l,ess ='~ .ry~~ otherwise stated. :,, ~ ~ ¢`~+ ~ 9 ~ ~ ~.~ °- tract by approximately 20 acres.3 pp 251-4. The first public disclosure that the rezoning hearing would consider an ordinance for a 60 acre tract rather than an eighty acre tract came on the last day of the hearing, April 6. p 235. No new notice was provided. pp 1-378. Council voted 5-2 in favor of the Ordinance 09-4336 on April 6, April 20 and May 5, 2009. pp 237-8, 313-4 & 340. No vote met the three fourths margin required by Iowa Code 414.5.' Defendants admitted that Plaintiff's protest petition filed March 10 was sufficient when measured against the original eighty acre tract. Def Ans. Ct.l, No 4. But Defendants formally determined the sufficiency of the petition on May 5, hours before the third and last vote on the measure and nearly two months after the petition had been filed. p 353. Defendants then measured the petition against a revised sixty acre tract that was first legally described March 31, three weeks after the original protest petition had been filed. p 251-254. Finding that the petition comprised only 17.1% of the area within 200' of this revised sixty acre tract, the Defendants ruled Plaintiff's protest petition insufficient. pp 353, 354. On May 4, Plaintiff filed a second protest petition, which defendants disregarded. On May 5, Defendants passed ordinance 09-4336 on the third and final vote by a margin of 5-2. P 340. Defendants admit that they have treated Ordinance No. 09-4336 as having been passed. Def ~~ 1, Na 6. Plaintiff filed this action on June 3. =~'~ =~ ~.~. r~ -~ W ~:~:,~. =~ s°~ s°- ---~ r~~ :~~ .. s The changes were: (1) The area being rezoned from ID-RS to RS-5 d cYeased-from 18.58 acres to 0.98 acres, a 95~ decrease. (2) The area being rezoned fromr`itR-1 to RS-5 decreased from 44.29 to 40.13 acres, a 9~ decrease. (4) the area being rezoned from RS-5 to OPD-5 decreased from 79.27 acres to 60.28 acres, a 24~ decrease. (4) A new outlot D was created (20 acres more or less) and now excluded from the original REZ08-00011. Compare original notice p 035 and pp 055 & 0160 with p 235. a A vote of 5-2 is a 71~ majority vote. 5/7 = 0.71, ~ = 0.75, 0.71 < 0.75. 3 Argument I. DEFENDANTS HAVE ADMITTED THAT PLAINTIFF'S PROTEST PETITION MET THE RQUIREMENTS OF IOWA CODE 414.5 ON MARCH 10. Iowa Code 414.5 requires (1) that a protest petition be signed by the owners of 20% or more of property within 200 feet of the exterior boundaries of the property for which the rezoning is proposed and (2) that the document be filed with the city clerk at or before the public hearing. Defendants have admitted that plaintiff's protest petition met these requirements: Defendants admit that owners of 20°s of land within 200 feet from the area originally proposed to be rezoned did submit a protest petition at the March 10, 2009, City Council meeting during the public hearing on the proposed rezoning. D Ans., Ct.l, No 4. Plaintiff contends that as of March 10, 2009, the sufficiency of the protest petition was determined and Iowa Code 414.5 required that Ordinance 09-4336 be passed by a three-fourths affirmative vote. Nearly two months later on May 5, Defendants formally ruled Plaintiff's protest petition filed March 10 was insufficient, measuring the petition against the smaller sixty acre tract instead of the larger tract in existence on the day of filing. Defendants did admit that the petition was sufficient when filed on March 10, but insufficient on May 5 because the area being rezoned had changed in the interval: Defendants affirmatively state that a portion of the property within the protest zone as calculated based on the land initially proposed to be rezoned was no longer within the protest zone once the land to be rezoned was reduced by the City Council Def. Ans . Ct . 2 , No 8 . ,.~, ~., o --- Defendants contend that the sufficiency of the protes~4"= u =~ ~= ~ ~ ..~ ~ ~~ 4 ~~ ~~ c~ ~.,x,® --.. ° `' . .~ v petition could be determined on May 5, and measured against a property that came into existence about April 6, 4 weeks after Plaintiff's filed their protest petition on March 10. These events highlight the most important issue in this entire case: II. WHEN IS THE SUFFICIENCY OF A PETITION TO BE DETERMINED? Clearly ~~the sufficiency of a petition may change depending on when the determination of sufficiency is made.i5 In 1894 the Iowa Supreme Court addressed this issue in the sentinel case of Seibert v. Lovell. After filing a petition calling for a survey and a hearing on for constructing a drainage ditch, the majority of petitioners then withdrew their names from that petition at the time of the hearing. The district court ruled that petitioners' subsequent withdrawals rendered the petition insufficient, but the Iowa Supreme Court reversed, stating: We hold, then, that the question of jurisdiction is to be determined from the petition as it was when filed, and without regard to the subsequent acts of the petitioners. So far as affecting jurisdiction which had already attached was concerned, the protests and remonstrances were of no effect. They were proper to be taken into consideration by the board in passing upon the merits of the petition, but they were not available for any other purpose. It must be remembered that jurisdiction did not attach as of the date when the board acted, but as of the date when the legal petition was filed. The ;. power to act having been conferred upon the board by virtue of a legal petition, it could not be impaired or taken away by the protests, remonstrances, or attempted withdrawals of some of the petitioners. (Citations omitted) Seibert v. Lovell, 61 N.W. 197, at 199 (Iowa, 1894). See also Ward v. Unincorporated Town of Clover Hills, 38 ~, .~ ~J ~~ 3 `~ ~~ ~ s Brown, Roger, Assistant City Attorney, Des Moines, Letter to Mayor~~'`~wnie~nd ~""' Members of the Des Moines City Council, July 26, 2006. y-~r s ~~'' rLi ,~, r~ N.W.2d 109, at 113 (Iowa, 1949), and Cook v. McNeal, 602 NW2d 353, at 357 (Iowa, 1999). Both followed Seibert. The actual language used in the statute authorizing a petition to convey or restrict jurisdiction must be considered. The operative language of 414.5 is identical to that considered in Cook v. McNeal, 602 NW2d 353 (Iowa, 1999). In Cook, the Iowa Supreme Court determined the sufficiency of a petition filed under Iowa Code 468.511, which stated "When a petition signed by a majority of landowners is filed with the board of Trustees ." Cook, at 356. The Court followed Seibert, stating "In a strikingly similar case decided nearly 100 years ago, this court has ruled that "filed" means "filed"." Cook, at 356. The Cook Court held that when a statute uses the words "is filed", the sufficiency of the petition is determined at the time of filing, not at some later point. When the statute uses the term "which is filed", the rule of Seibert applies: the time for determining the sufficiency of a petition is at the time of filing. The operative language in Iowa Code 414.5 is exactly the same as Cook: "In case, however, of a written protest against a change or repeal which is filed with the city clerk ." Iowa law is clear: the time for determining the sufficiency of Plaintiff's protest petition is the day it was filed, March 10, not May 5 and not April 6. Defendants' determination of sufficiency on May 5 was contrary to the rule laid down by Seibert more than 100 years ago and reaffirmed by Cook. Under well established Iowa law, the sufficiency of Plaintiff's protest petition was to be determined on March 10, the day it was filed and;,,, -, not another time of the Defendants' choosing. ~~ ~~ ~: ; On March 10, REZ08-00011 was the original eight~:~ a-cre~ $~~ -~ ~ ~ ~„~, tract for which notice was given. The smaller sixty'-~'Cre~ e°~ .. 6 ",' !v - ', - y.;.., tract had not yet been proposed and would not be legally described for three weeks. On March 10, the sufficiency of Plaintiff's petition could only be measured against the original 80 acre tract. Defendants have admitted that Plaintiff's petition was sufficient when filed on March 10 and when measured against the original tract. Therefore, all requirements of Iowa Code 414.5 were met as of March 10 and Ordinance 09-4336 would have to be passed by a three- fourths vote. unless Defendants can show that petitioners may be removed from an already filed protest petition at some later date. III. ONCE A SUFFICIENT PETITION HAS BEEN FILED, CAN PETITIONERS BE SUBSEQUENTLY REMOVED SO AS TO RENDER THE PETITION INSUFFICIENT? The simple answer is no. In both Seibert and Cook, the Iowa Supreme Court has held jurisdiction attaches at the time of filing and that subsequent withdrawels do not change the sufficiency of the petition: We hold, then, that the question of jurisdiction is to be determined from the petition as it was when filed, and without regard to the subsequent acts of the petitioners. So far as affecting jurisdiction which had already attached was concerned, the protests and remonstrances were of no effect . The power to act having been .conferred upon the N board by virtue of a legal petition, it could not }~ impaired or taken away by the protests, ~=~ :~ ~,;,~ remonstrances, or attempted withdrawals of so~~~~f ..~~ the petitioners. The question requires no fur~~r rv „~-~.. consideration. Siebert, at 199. ~~~ °`' ~ `~ ~~ -a 5"~,~ rg~ Cook agreed that petitioners may not remove thc~~` names from a petition once filed. Cook, at 357. When they"cites- rv used the smaller sixty acre tract that came into existence after Plaintiff's petition had been filed, the Defendants were eliminating three landowners from Plaintiff's petition and reducing the weight of two others. p 354. Neither 7 petitioners nor defendants may remove names from a petition once filed. Seibert, supra. Jurisdiction was determined at the moment of filing and did not change because Defendants reached a new conditional zoning agreement with the developer. Once Plaintiff's protest petition was filed, the Defendants could have avoided the three-fourths affirmative vote requirement of 414.5 by providing a new notice and hearing, which they failed to do. IV. THE LANGUAGE OF 414.5 SUPPORTS EXISTING CASE LAW Iowa Code 414.5 confers an important right on landowners within 200 feet of property being rezoned--the power to compel a three-fourths affirmative vote before an adjacent property is rezoned. Consider what happened in this case: landowners of more than 200 of property within 200 feet of the exterior boundary of an 80 acre tract filed a protest petition on the first day of the public hearing. The process of gathering the 14 notarized signatures for a protest petition required weeks of effort, beginning February 6 and ending March 6, 2009. Pp 144-157. Because Iowa Code 414.5 requires that protest petitions be filed "before or at the public hearing," a protest petition must be signed, notarized and ready for filing on the first day of the hearing. Otherwise, if the hearing were closed that day, the petition would be too late. Since a protest petition may be filed and must be prepared before the hearing, no petition could possibly anticipate any changes made as a result of the hearing. This is why Iowa Code N 414.5 wisely requires that protest petitions be mea~ured~ ~ against "the exterior boundaries of the property fo~'~hii~ f~~3 the change or repeal is proposed". The Code says nTTring~ ~~' --, . . about the boundaries of the property being voted on;~;as -a '~~ Defendants' position asserts. °rti ~~ ~'-~-~~ ~w .~ :~ 8 IV. CONCLUSION AND PRAYER FOR RELIEF. Compliance with Iowa Code 414.5 is mandatory and jurisdictional. Specifically, the language "shall not become effective except by a favorable vote of at least three-fourths of all the members of the council" is identical to language used in other authorizing statutes which has been so interpreted. See Bowen v. Story County Board of Supervisors, et al, 209 N.W.2d 569 at 571 (Iowa 1973); B.& H. Investments, Inc. v. City of Coralville, 209 N.W.2d 115 (Iowa 1973); and OSAGE CONSERVATION CLUB, Appellant, vs. BOARD OF SUPERVISORS OF MITCHELL COUNTY, IOWA, Appellee, 611 N.W.2d 294 (Iowa 2000). Failure to meet the three-fourths affirmative vote requirement mandated by Iowa Code 414.5 after the filing of a qualifying protest petition deprived Defendants of jurisdiction to enact the Ordinance 09-4336. Ordinance 09-4336 is void and should be so ruled. REBUTTAL OF DEFENDANTS' ANTICIPATED ARGUMENTS If Defendants are to prevail, they must successfully argue that the time for determining the sufficiency of a protest petition is at the end of the public hearing. Given the above authorities, Plaintiff doubts that Defendants' will find support in established Iowa case law. Indeed, on May 5, 2009, Defendants' determined the sufficiency of another protest petition not at the end of the hearing but before the hearing even started (below). Additionally, there were two protest petitions filed in this case, yet Defendants' handled the two petitions quite differently (below). Finally, even though specifically requested in N Judge Robinson`s Writ of Certiorari, Defendants haves, ~, provided no evidence in the record that they have a~Yy~ established policies and procedures for a handling ~re~~,. c-i~ ~~ 9 - - ` ~ `~' ~~ h.~ petitions. Defendants' handling of protest petitions has been arbitrary and cannot be supported. VII. DEFENDANTS DETERMINE THE SUFFICIENCY OF PROTEST PETITIONS AT DIFFERENT TIMES IN SIMILAR CASES. If the Defendants truly believed that the determination of the sufficiency of the protest petition was to made at the close of the hearing, then that determination should have been made on or"about April 6, when the hearing was closed. P. 245 Writ. But Defendants did not determine the sufficiency of Plaintiff's petition on or about April 6. They did not determine the sufficiency before the first vote nor before the second vote on the ordinance two weeks later. Defendants formally determined the sufficiency of Plaintiff's petition on May 5, nearly one month after the hearing closed. P 353 Writ. Defendants' contention that they believed that the determination of sufficiency was to be made at the close of the hearing does not square with what they actually did. On May 5, when Defendants formally determined the sufficiency of Plaintiff's protest petition, the Defendants' determined the sufficiency of another protest petition before the hearing even started. See p 3, Item 5(a) Agenda, Exhibit 1. Mayor Bailey and City Attorney Dilkes made the following statements in an exchange at the same council meeting as the final vote on the ordinance at issue in this case. This exchange occurred before the opening of the public hearing on the rezoning issue in question: bra ~ ~ ~,: ...~ ~ = ~ n ; ~ Bailey: Any question for Christina at this Point? O~a~. ~ __ ~~- All-right, um, Eleanor, did you have any com~eiits~ ~ for us before ~e proceed into the public he~g'?. ~o~~; - -~~, Dilkes: Uh, the Mayor asked me to clarify at this p6nt,.~- um, it's my understanding that we have more than ~' 200 of the property owners within, or the 10 property within the district, um, have protested the rezoning, and therefore, you...it will not pass unless 6 out of 7 of you vote in the affirmative. Bailey: Okay, and at this time, before we hear public comments .6 p 18, Transcript, Exhibit 2 Dilkes' statement clearly illustrates that the Defendants determined that the sufficiency of the protest petition in that case before the opening of the hearing, not at the close of the hearing as Defendants now argue. So Defendants argue that the determination of the sufficiency of a protest petition should be made at the end of the hearing, yet they have determined the sufficiency in one case before the hearing started, and in the present case, not at the end of the hearing as they argue, but four weeks later after two of the three votes had taken place. IIX. DEFENDANTS HANDLE PROTEST PETITIONS DIFFERENTLY. Not only do the Defendants not determine the sufficiency of petitions at different times, but Defendants' actual handling of petitions varies from petition to petition. Two petitions were filed in this case. Note that the petition filed May 4 was file stamped, but the one at issue in this case was never file stamped. Compare pages 361-378 with 142-157 of the Return to the Writ. IX. DEFENDANTS' LACK POLICIES AND PROCEDURES FOR HANDLING PROTEST PETITONS. Because the filing of a protest petition restricts the jurisdiction of the city council to control land use within its borders, one would expect that the handling of prot ~t c~ n c~ ~ ,: ~~~ n ~,~ N ~~a Transcription of the Iowa City Council regular formal meeting of,.~la'y 5, 2009~,,.~ See also City Council Agenda, Regular Formal, May 5, 2009 - 7PM, pag~3, Lim 5~ l~ 11 ~' ~ `-~ N ~.. s- N petitions would be a formal matter, with written policies and procedures for receiving, authenticating and determining the sufficiency of a petition. Judge Robinson's Writ of Certiorari included an attachment specifically requesting that the city return a copy of its written policies and procedures for handling protest petitions. Item 3, Attachment to The Writ. The Defendants either have no policies and procedures or they chose not to produce them.' The record before this Court therefore contains no evidence that the that Defendants had any formal policies and procedures for handling protest petitions. In conclusion, Defendants determine the sufficiency of petitions before the public hearing, at the end of the public hearing and weeks after the public hearing ended. They handle protest petitions differently, file stamping some and not file stamping others. Not surprisingly, the record contains no evidence that Defendants have established policies and procedures for determining the sufficiency of protest petitions. The Defendants handling of protest petitions has been arbitrary. X. DEFENDANTS' POSITION IS CONTRARY TO PUBLIC POLICY BECAUSE IT THREATENS TO UNDERMINE THE INTENT OF IOWA CODE 414.5. Defendants would have this court rule that last minute changes are fair, that those changes can by relied on to invalidate an already filed protest petition, and that it was sufficient that surrounding landowners, none of whom received official notice of the altered rezoning proposal, had sufficient time to file an amended protest petition between the time the changes to REZ08-00011 were announc~i on April 6 and the time the hearing was closed less~,~an° :~ ~ ~.' c- ~ .r ~ ~~ =~ r~ ~ y ~ See Paragraph 3, Attachment to the Writ of Certiorari, Judge Robi.IIS~ri. ~ ~ ~~ ~ ~ ~ N r v 12 '- -~_ ;'til few hours later. Aright conferred by an Iowa Statute that requires notarized signatures of approximately 14 different property owners that begins running without notice and closes within an hour or two is no right at all. Were defendants' position upheld, any city council, once a protest petition were filed, could simply look at a protest petition, adjust the boundary at the last minute, and then pass rezoning proposals by a simple majority vote instead of the three-fourths required by 414.5. Sustaining defendants' interpretation of 414.5 and permitting last minute boundary adjustments to invalidate already filed protest petitions would completely undermine the very purpose of Iowa Code 414.5, i.e. to confer important rights on landowners adjacent to property being considered for rezoning. Conclusion ~ Prayer for Relief Because Defendants failed to pass Ordinance 09-4336 by the three-fourths affirmative vote as required by Iowa Code 414.5 after Plaintiff filed a sufficient protest petition, Plaintiff prays that this court sustain the Writ of Certiorari and void Ordinance 09-4336 for lack of jurisdiction. Finally, Plaintiff requests that this Court assess costs to Defendants. N .4- ~~_ c.3 •~•'~•~ R ert He eman ,~ , ; .. tom,,; a;, ~•~-_• 44 Tu n Pla e ~k=~ `=~~' ~~~ I Cit Io a 52246 co .-,.c, Roberthegeman@mchsi . com N ~M + ~ ~ ~~,,._~ 391-338-5818 ~~~ 319-530-0553 (cell) ~"~~'' o 319-668-2491 (fax) Orig~al filed Copies served on the defendants at the Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240. 13 ~ x 1~,1~; . fi ~ v'~,~ ~ ~ Ma~~ 5, 2009 City of 1o«~a Cit~• Page 3 7. Rod Sullivan: Historic District and Rancher Auditorium 8. Animal Care Task Force members: New animal shelter site END OF CONSENT CALENDAR. ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ITEM 5. PLANNING AND ZONING MATTERS. (Item's "a, b, c" will proceed as outlined in the City Attorney's memo of 2J28J07 entitled "Rezonings, Due Process and Ex pane communications.") a) REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 400 - 500 BLOCKS OF N. VAN BUREN STREET, THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE Z00 - 300 BLOCKS OF RONALDS STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZO AY/MEDIUM DENSITY S AMILY (OHD/RS-8) ZONE. (REZ09-00001) eomment: At its April 2 meeting, by a vote of 6-0 (Plahutnik abstaining), the Planning and Zoning Commission recommended approval of this rezoning. At its March 12 meeting by a vote of (7-0 Hirschman, Michaud and Wagner absent) the Historic Preservation Commission also recommended approval. Staff recommended approval in a report dated March 7. Approval will establish the Northside Historic Preservation District and require that the Historic Preservation Commission review demolition permits and building permits that affect the exterior of buildings within the district. Protest petitions representing over 20% of the property within the proposed district have been submitted, therefore, a super majority (6 out of 7 voting in favor) is necessary to pass this ordinance. Correspondence included in Council packet. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE {FIRST CONSIDERA~,I~ON) o ~~ ~ ~j~ Action: :;~ ---s =-~ - C~ "~ N y~ _..y f'~ •` ~ fir-; -L7 ~ Y 1 r , ~ ` ' n~ ~- .~- rv #~a _~----" Page l8 Bailey: Any questions for Chr7stina at this point? Okay. All right, um; Eleanor; did you` have am~ comments for us before «°e proceed into the public hearing? Dilkes: Uh, the Mayor asked me to clarifft- at this point that; um, it's my understanding that ~a e hati e more than 2U°% of the properiti o~o~ners within; or the property within the district. um, hay e protested the rezoning, and therefore; you... it ~~ill not pass unless C out of 7 of ~~ou ~-ote in the affirmative. Bailey: Oka}?, and at this time; before eye hear public convnents, let's discuss el-parte communications regarding this district. Wilburn: I recei~-ed contact from Michelle Higley; north Gilbert Street. ~~-ho, um. «-as in fay-or of the historic preservation (mumbled) didn't feel t hat the, uh, requirements (mumbled) requirements is; um, is a big problem- So... Bailey: Okay. Others? Ha~~ek: Um, bear ~~-ith me. I, uh, met «-ith John Kammermeyer, uh, on three separate occasions, uh, WilIiam Lake, Judith Pascoe, Eric Gidal, Tom Scott. Wally Copsa, John Backus, uh, spoke to Maura Pilcher, spoke to my father. John Ha~~ek, and uh. for about seven seconds talked to IV1ike O'Donnell before this meeting, all of that took about six or seven hours of my time and it's impossible for me to disclose all of the contents of those conversations, but people ~~-ere for and against. Dilkes: Can you just summarize? Hay_ ek: (laughter) Yeah, I mean, I... uh... Mr. Kammermeyer, Miss, uh, or Mr. Lake, uh; Mr. Scott. Mr. Kopsa, Mr. Bakas, uh, were... were against, uh, the proposed district for a varlet`- of reasons having to do with property rights and the appeal`s process and um, even~thing in bet`s-een. Uh, Miss Pascoe; Mr. Gidal; uh, Miss Pilcher, and I guess that's it, were for it, and generally cited the materials and uh; the Friends of Historic Preservation submission, some of the emails we received, and many of these people have all communicated in writing to us, uh; I have to sa~~ my father was, uh, probably slightly for it, but more or less agnostic, um... (laughter) if he's watching (laughter) and uh, and that's it. I mean, I can go into greater detail, but eve have a lot of people here. Bailey: Okay. Is that sufficient? All right; other? Wright: I spoke ~~~~ith, uh, David Hamilton, who just had some questions about, uh, some of the def nitions of historic district and he expressed no opinion one way or the other. Uh; I also received an email from, um, Mark Gilchrist; uh, expressing support for the historic district. ~ ~ ~~ C~ "`~ N This represents only a reasonably accurate transcitiption of the Iowa City C'~ ~ ou~il regular formal meeting of May ~, 2009. _ i-+~ ~? C~ `-~i • r\~ .--- "F~ T~ i .• ''~~ e~ #Sa Page 19 Champion: And I did communicate with Michael Lensing, uh; briefl}~ at a, uh, social function. He asked me a few questions. I had one phone call: I can't remember from who it ryas, just wondering if I ryas going to support it. O'Donnell: And I spoke with John Kammenneyer one time. l spoke with Judith Pascoe, and one other, and John was against and Judith and the other, and I'm sorry I forgot your name. «-ere in favor; and I believe I spoke to y-ou; Matt; for about 33 seconds. (laughter) Wright: Very careful timing. Bailey: Amv? Did ~~ou... none? Okay, tun, we spoke, Mike. I wanted to also add that. about the... ow-, the process, briefly; when ~~ e were talking about other things, um; and how the good neighbor policy had been used and then I spoke with Judith Pascoe. um, she ~~=as expressing some concern about the misinformation that vas circulating, um; regarding historic presen-ation guidelines, and that ~~-as the nature of our conversation, and I think Christina's comments addressed many of those concerns. Hav_ ek: I neglected one person. I had lunch with Scott McDonough, um, he's a local builder and remodeler and we talked about some of the em-ironmental issues. Bailey: Okay. Hay_ ek: And he's against it. Actually he... he's; uh; he's not against historic districts; but he has an issue with soiree of the environmental restrictions. or obstacles, in his view. Dilkes: Let me just say this. I suspect that between the written material you've received, and «-hat you're going to hear tonight you're going to hear just about evert- argument pro or con. If there is an ar ument that weighs in your mind that you u si e o this; uh, forum; you should tell us when «~e re one. Bailey: Thank you. All right. Let's proceed into the public hearing. Um, I've r€~ue _ y co eagu ~icrdt o timrt y our comments to five minutes, and I'm underscoring that and bolding it, but also we are interested if you lire or own a residence in the neighborhood, in the outlined district, and please state that up front. You can just form a Q -it's fine. It'll save time. Kammermeyer: John Kammermeyer... John Kammermeyer, uh, my office is at 404 East Bloomington. I'd like to, uh... Bailey: Do you live in the district; John? ~ N C7 o Kammermever: I do not live in the district. `r` ' e`~ ~"--~ ~ =°~ `~~`~ -~ ~ R. N h [ ~.% ~ kp r This represents only a reasonably accurate transcription of the Iowa City C~~~ourrcil regular formal meeting of May 5, 2009. ~' -~ ~,,~ "~i r- ~. In the District Court for Johnson County Plaintiff's Certification of Exhibits ~~. Robert James Hegeman, Plaintiff ) EQCV070796 ,, ~ , vs . ) For Trial •~• "~"• The City of Iowa City and the ) May 5, 2010 ~~ .~ City Council of Iowa City, ) -' ~~ ~• ~J ~~ ;~ ~; ~~ Defendants ) ~~ ~J `-%,, ~' "~ . I certify under penalty of perjury that the following documents are a true and accurate copy of the documents they purport to be, and they are taken from the official web site of the City of Iowa City as cited: City Council Agenda, Regular Formal, May 5, 2009 - 7PM, pages 1-3, See Item 5. http://www.icgov.org/meeetingagenda/708.pdf Transcription of the Iowa City Council regular formal meeting of May 5, 2009, pages 18-19. http://www.icgov.org/transcriptions/708.pdf Rob t J. Heg an 44 ucso Pl c Iowa City, I 52246 Roberthegeman@mchsi.com 319-530-0553 (cell) Sworn before me on the 27 Day of April, 2010, Otary . ~~'~"~,,~ JAMIE L. TOMPKINS _~ CommissionNumberlt3974 My Commission Expinrs iow~ /Q SEAL r~ ~', "~' -; ~, c --- ~, ~.°` r~ ,, ~w '~c~ .~ .~- c~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. l ~ ~ Iowa City ~ ^ ~~~~ City Council Agenda --~~-- CITY OF IOWA CITY Regular Formal May 5, 2009 - 7:00 p. m. City Hall - Harvat Hal! 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ROLL CALL. ITEM 2. PROCLAMATIONS. a) Bicycle Month -May 2009 b) .Tennis Month -May 2009 c) Older American's Month- May 2009 d) Wreaths Across America Day, December 12, 2009 e) Americorps Week, May 9-16, 2009 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. April 13, Special Council Work Session 2. April 17, Special Council Formal Official and Complete 3. April 20, Special Council Work Session 4. April 20, Special Council Formal Official and Compiete b) Receive and File Minutes ofi Boards and Commissions (any recommendations contained in minutes become effective onl~pon sepa rate Council action). ~~ d 1. Airport Commission: March 12, 2009 ~ ' -~~ ~' ~-- 2. Airport Commission: April 14, 2009 ~ 3. Airport Commission: April 2, 2009 --ic3 _ -c3 ~ =~i° ~ 4. Airport Commission: February 23, 2009 l e .~ _ -: ~F- =°> ~ 5. Airport Commission: February 12, 2009 _ 6. Public Art Advisory Committee: March 5, 2009 ~~ 7. Planning and Zoning Commission: April 2, 2009 c~~ 8. Housing and Community Development Commission: March 26, 2009 9. Housing and Community Development Commission: March 12, 2009 10. Youth Advisory Commission: March 1, 2009 11. Human Rights Commission: March 24, 2009 12. Parks and Recreation Commission: March 11, 2009 Map 5, 2009 Cite of Io~,a Cite Page 13. Telecommunications Commission: February 23, 2009 c} Permit Motions and Resolutions as Recommended by the City Clerk. New: 1. Class C Liquor License for L & M Iowa City Investments, LLC, dba Chefs Table, 223 E. Washington St. Renewal: 2. Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S First Ave Suite Q. d) Public Hearings. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON AMENDING THE FY2009 OPERATING BUDGET. Comment: This resolution sets a public hearing on May 19, 2009 to amend the FY2009 budget. Information will be available to the public May 8, 2009. e} Resolutions. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA. Comment: Hills Bank and Trust has requested that the City approve a Subordination Agreement for property at 706 Miller Avenue. On March ~`~ 11, 2005 and on February 8, 2006, the owners of the property received `"~ funding from the City of Iowa City through the TARP Rehabilitation ~" == ~ w ~u Program. The property has enough equity to cover the City's lien ~f~ ~~~ ~' >-= position. ~ ~ fj~~ Correspondence. ~ ~. ~' ~'"~ 1. JCCOG Traffic Engineering Planner: Establishment of a loading zone ~ ~~--'--y- ~s with a 15-minute limit on the east side of the 10 block of Dubuque Street ~ ~, o from Iowa Avenue to the alley. a ~ 2. JCCOG Traffic Engineering Planner: Installation of NO PARKING `" ANYTIME signs on the south side of Middlebury Road between Scott Boulevard and Westbury Drive. 3. JCCOG Traffic Engineering Planner: Installation of NO PARKING CORNER TO HERE sign at the southeast corner of the Iowa AvenueNan Buren Street intersection 4. Ron Knoche, City Engineer: Competitive Quotation Results Clinton Street- Davenport Street Storm Sewer Improvements 5. David Downs: 2018/2022 FIFA World Cup Bid Campaign Venue Selection 6. Ashley Schlinz: Student housing near the University of Iowa Campus RZav 5, ?009 Cite of Io~~a Cit~• Page 7. Rod Sullivan: Historic District and Hancher Auditorium 8. Animal Care Task Force members: New animal shelter site END OF CONSENT CALENDAR. ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item. ITEM 5. PLANNING AND ZONING MATTERS. (Item's "a, b, c" will proceed as outlined in the City Attorney's memo of 2128/07 entitled "Rezonings, Due Process and Ex parte communications.") a) REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 400 - 500 BLOCKS OF N. VAN BUREN STREET, THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE Z00 - 300 BLOCKS OF RONALDS STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD/RNS-12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZO AYlMEDIUM DENSITY S FAMILY (OHDlRS-8} ZONE. (REZ09-00001 } ~mment: At its April 2 meeting, by a vote of 6-0 (Plahutnik abstaining), the Planning and Zoning Commission recommended approval of this rezoning. At its March 12 meeting by a vote of (7-0 Hirschman, Michaud and Wagner absent) the Historic Preservation Commission also recommended approval. Staff recommended approval in a report dated March 7. Approval will establish the Northside Historic Preservation District and require that the Historic Preservation Commission review demolition permits and building permits that affect the exterior of buildings within the district. Protest petitions representing over 20% of the property within the proposed district have been submitted, therefore, a super majority (6 out of 7 voting in favor) is necessary to pass this ordinance. Correspondence included in Council packet. PUBLIC HEARING Action: Z. CONSIDER AN ORDINANCE (FIRST CONSIDERA~(~N) ~ "'i ~ _' Action: n --~° ~a 0 ~-a c-~ ao d ~" r~ ~'~ ~°~ ` .. r~ -.nom w ~~~~le-~ #~a ,_ Page l8 I r Christina at this oint? Okay. All right, um, Eleanor,, di\ Basle}•: An} questions fo p hati e any comments for us before we proceed into the public hearing? Dilkes: Uh, the Mayor asked me to clarify at this point that, um, it's mv_ understanding that ~i-e have mare than 2d% of the propert~~ o~~ners within, or the propertti° ~~-ithin the district, um; have protested the rezoning, and therefore, t•ou... it hill not pass unless 6 out of 7 of you vote in the affirmative. Bailey_ : Okay; and at this time; before «•e hear public comments, let's discuss ex-parte ~ communications regarding this district. Wilburn: I received contact from Michelle Higle}~, north Gilbert Street, w-ho, um, was m favor of the historic preservation (mumbled) didn't feet t hat the, uh, requirements (mumbled) requirements is; um, is a big problem. So... Bailey: Oka~•. Others? Hav_ ek: Um; bear with me. I, uh, met with John Kammermeyer, uh, on three separate occasions, uh_ William Lake; Judith Pascoe. Eric Gidal, Tom Scott. Wally Copsa, John Backus, uh, spoke to Maura Pilcher, spoke to my father, John Hayek, and uh. for about seven seconds talked to Mike O'Donnell before this meeting, all of that took about six or seven hours of my time and it's impossible for me to disclose all of the contents of those conversations, but people ~i°ere for and against. Dilkes: Can you just summarize? Hay_ ek: (laughter) Yeah; I mean, I... uh... Mr. KammermeS-er, Miss, uh, or Mr. Lake, uh, Mr. Scott. Mr. Kopsa, Mr. Bakas, uh; were... were against, uh, the proposed district for a variet< of reasons having to do with propert~~ rights and the appeal's process and um; even~thing in bete-een. Uh, Miss Pascoe, Mr. Gidal; uh, Miss Pilcher, and I guess that's it, were for it, and generally cited the materials and uh, the Friends of Historic Preservation submission, some of the emails we received. and many of these people have all communicated in writing to us, uh, I have to say my father was, uh, probably slightly for it, but more or less agnostic, um... (laughter} if he's watching (laughter) and uh, and that's it. I mean, I can go into greater detail, but ~~--e have a lot of people here. Bailey: Okay. Is that sufficient? All right; other? Wright: I spoke with, uh, David Hamilton, ~~~ho just had some questions about, uh, some of the definitions of historic district and he expressed no opinion one ~vay or the other. Uh; I also received an email from, um, Mark Gilchrist; uh, expressing support for the historic district. N e~ ~ ~~ ~ ~. b~ This represents only a reasonably accurate transcription of the Iowa City Ci;~i Eour~c ~.. regular formal meeting of May 5, 2009. "'d~ - cn g'~"' ~. C.cJ ##Sa Page 19 Champion: And I did communicate w~-ith Michael Lensing, uh, briefly at a, uh, social function. He asked me a few questions. I had one phone call I can't remember from who it was, just ~~ ondering if I was going to support it. O'Donnell: And I spoke with John Kammermeyer one time. I spoke with Judith Pascoe, and one other, and Jolu~ was against and Judith and the other; and I'm som- I forgot your name, were in favor, and I believe I spoke to you, Matt, for about 33 seconds. (laughter) Wright: Ver<~ careful timing. Bailey: Amy? Did you... none? Okay; um, tive spoke; Mike. I wanted to also add that. about the... our, the process, briefly-; when we were talking about other things, wn, and how the good neighbor policy had been used and then I spoke with Judith Pascoe. um, she was expressing some concern about the misinformation that was circulating, um, regarding historic presen%ation guidelines; and that was the nature of our conversation, and I think Christina's continents addressed many of those concerns. Hayek: I neglected one person. I had lunch with Scott McDonough, um, he's a local builder and remodeler and eye talked about some of the environmental issues. Bailey: Okay. Hayek: And he's against it. Actually he... he's; uh; he's not against historic districts. but he has an issue with some of the em-ironmental restrictions, or obstacles, in his view. Dilkes: Let me just say this. I suspect that beriyeen the written material you've received. and what you're going to hear tonight you're going to hear just about even argument pro or con. If there is an ar tunent that «-eighs in your mind that you u si e o this; uh, forum, you should tell us when were one. Baile_~-: Thank you. All right. Let's proceed into the public hearing. Um, I've n --r~q _ y co eagu o emit your -"comments to five minutes, and I'm underscoring that and bolding it, but also use are interested if you live or own a residence in the neighborhood, in the outlined district, and please state that up front. You can just form a Q -it's fine. It'll save time. Kammermeyer: John Kammermes-er... John Kammermever, uh, my office is at 404 East Bloomington. I'd like to, uh... Bailey: Do you live in the district; John? ~ °~ ~=' ~ :° Kammermeyer: I do not live in the district. ~ ~`" ~ ~ ....y y _ ...~ j~.,.. i"-d °; ~ _ ~i'1 This represents only a reasonably accurate transcitiption of the Iowa City City~unc regular formal meeting of May 5, 2009. ~- 1--'' ~ -~' Ca.` ~ r ._,- _ ~'~ ~~.® ,~®,~~ Date: April 29, 2010 CITY OF IOWA CITY MEMORANDUM 04-Z9-10 IP6 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities ENGINEERING RELOCATION OF THE NORTH WASTEWATER TREATMENT FACILITY • Contract negotiations for planning and engineering services are in progress with Stanley Consultants. Staff expects to have contract terms agreed to for City Council approval on May 10. • EDA personnel to visit Iowa City and hold project management conference on May 13. DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE REPLACEMENT • Technical Advisory Committee is being formed. • Following input from the Committee, the Request for Qualifications for engineering services will be sent to EDA for review prior to issuance. ROCKY SHORE DRIVE PUMP STATION • Watershed Information from Coralville and University of Iowa is being collected. • 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 will wait to see if FEMA funding comes through for the replacement project. Still no word on FEMA funding for this project. 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. • Water Division and Engineering review comments are being incorporated into the bid documents. April 29, 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 • A total of 40 properties have been acquired with Federal and State acquisition funds. Of the 40 properties, 30 of the homes have been acquired through the Hazard Mitigation Grant Program (FEMA), six with Community Development Block Grant (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. • On April 26th, Planning and Engineering staff met with the CDBG Acquisition Project Manager from the Iowa Department of Economic Development to discuss procedures for the demolition of CDBG acquired homes. Bids for asbestos testing and removal for the first homes acquired through the CDBG program will be beginning in the near future. • Asbestos testing and removal has begun for properties to be acquired in the Showers Addition. The asbestos removal and land acquisition will be completed using Community Disaster Grant funds. • Planning staff is starting work on another Hazard Mitigation Grant Program application to explore the possibility of adding a safe room to the new animal shelter. The safe room would protect animal shelter staff and anyone within a five minute walking distance to the facility. • The I-JOBS Board of Directors will be meeting in Coralville durin~ the morning of June 2"d. The Board will be visiting Iowa City during the afternoon of June 2" .They will be visiting the two projects funded during the 2009 legislative session -- expansion of the South Treatment Facility and construction of Fire Station #4. • 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 $1.65 million in State Jumpstart funding has been used to assist 71 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. IP7 1~~ Planner VOLUME 2, ISSUE 8 Week of APRIL 26, 2010 Newsletter for the Iowa City Planning & Community Development Department Urban Planning ~ Historic Preservation ( Housing Rehab ~ Community Development Econor7iic Development (JCCOG Transportation Planning ~ Neighborhood Services ~ Public Art Calendar A schedule of upcoming meet- : ings appears inside. Page 8. Inside ECO-RLF program The City has implemented a new program to help local businesses and nonprofits invest in renewable energy and energy conservation projects. Page 2. UniverCity Partnership Applications for the partner- ship's first three rehabilitated homes are due May 7. Page 3. City receives $25M grant for flood recovery projects U.S. Commerce Secretary Gary Locke traveled to Iowa City on Friday, April 9 to announce that the Commerce Department's Economic Development Administration (EDA) would award the City $25 million in grant funds to assist in post-flood rebuilding efforts. It is the largest grant the EDA has ever awarded, and also the largest federal grant the City has ever received. $22 million will be used to build a new wastewater treatment facility adjacent to the City's second facility south of town, and decommission the plant on South Dubuque Street. Total project cost is expected to be $63 million, which includes constructing the new plant, taking the old plant offline, and preparing the site for redevelopment. Public comment period Public comment periods are now open for Community Development and JCCOG plans. Pages 4 and 5. In the neighbarhaod Southside neighborhoods have a couple of great events planned that you'll want to check out - including a music fest! Page 6. . Art deadline April 30 is the deadline for entries for the Poetry in Public Art Program. Page 7. Have you subscribed? To subscribe to The Planner, go to: www.icgov.org/subscribe then to "Newsletter..." then click on "Planner Newsletter." t~ _ ~__ The City's North Wastewater Treatment Plant, surrounded by floodwaters in June 2008. The remaining $3 million in grant funds has been earmarked for design and engineering work for the elevation of Dubuque Street and Park Road Bridge. Total project cost has been estimated at $32 million. All three projects are expected to be completed by the end of 2013. ~ - _~~ The Planner, 4.26. I 0 -page 2 City offers low-interest loans for businesses, nonprofits to invest ECONOMIC DEVELOPMENT WENDY FORD in energy-efficiency projects The City of Iowa City has implemented the 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 heat- ing and air conditioning systems, water conservation, insulation, and energy-efficient doors and windows. ECO-RLF, which will be adminis- tered by the City's Economic Development Division, will offer loans of $25,000 to $ 125,000. In addition to generating local interest and invest- ment in energy efficiency, the program is expected to help create and retain local jobs. Economic Development The revolving loan structure allows for repayment of the loan to occur Coordinator through the cost savings realized from the energy conservation pro- 3 19 356 5248 jects. Terms for the ECO-RLF loans will be set up for no more than ( 0 ' . . Wendy-ford@iowa-city.org s years. Loan applicants are also encouraged to investigate MidAmerican Web page: Energy Partners Program, which offers rebates for implementing www.icgov.o~°glbusiness energy-efficiency projects. reen which has undertaken its own efforts to invest in The Cit , g y, 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 in- stalled LED lighting in the Court Street Parking Garage. The utility cost savings, which estimates show will 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.org/ECO-RLF or contact Wendy Ford, City of Iowa City Economic Development Coordinator, at 356.5248 or e-mail Wendy-ford@iowa-city.org. Final approval of all loans will be made by the City Council, and funds will become available in May. Related article on page 5. The Planner, 4.26.10 -page 3 ,!: ^ ".. CC3MMt1NITY DEVELOPMENT sTlvv~ ~arvG Community Development Coordinator 3 19.356.5250 stove-long@ iowa-city.org Web page: www. icgov.arg/corr7rv7dev Governor announces 1-JOBS funding for UniverCity project Governor Chet Culver announced April 7 that Iowa City will receive an additional $250,000 in I-JOBS funding for the UniverCity Neighborhood Partnership Program, a joint affordable housing venture between the City of Iowa City and the University of Iowa. The project was awarded $ I million in I-JOBS funding earlier. A total of 25 homes will be acquired, rehabilitated, and sold through the program. This latest round of funding will be made available through the Afford- able Housing Program, a part of the Culver/Judge Administration's I-JOBS initiative. The program is awarding $20 million to communities across the state to build or rehabilitate housing for certain elderly, disabled, low-income persons, and public servants in critical skills shortage areas of the state. For more information on the Culver/Judge -JOBS initiative, visit www.ijobsiowa.gov. Applications for first three UniverCity homes due May 7 " People who are interested in submitting an application for achance to purchase one of the first three houses offered for sale through the UniverCity Neighborhood Partnership Program are urged to . get their applications in, as the deadline is quickly approaching. Application forms are available on the City's website at www.icgov.org/UniverCity, along with photos and additional information on the first three homes, located at 1207 Muscatine Avenue, 517 South Governor Street, and 310 Douglass Court. The` opportunity to purchase one of the homes will be determined by a lottery process. In an effort to preserve and build upon the unique character of established neighborhoods adjacent to the University of Iowa campus, the UniverCity Neighborhood Partnership Program plans to purchase several rental properties, convert them back to single- family homes, and offer them for sale to income-qualifying individuals and families. Other goals of the program include achieving a healthy; balance of rental and owner-occupied property, ensuring that the neighborhoods surrounding the campus remain vital, safe, affordable, and attractive places to live and work, and encouraging investment in these neighborhoods as part of the University of Iowa's recruit- ment and sustainability initiatives. For more information on the program, visit the website listed above or contact Steve Long, Sarah Walz, or David Powers at the City's Planning & Community Development Department at 356.5230. More information on the first three homes offered through the UniverCity Neighborhood Partnership is found on page 4. The Planner, 4.26.10 -page 4 Homes for sale! • Neighborhood Partnership Program 310 Douglass Caurt 517 S. Governor Street $ 180,000 + carrying costs ^ Built in 1915 1,500 square feet ^ 3 bedrooms, I bath ^ Small two-car garage in back U f 'shed basement $85,000 + carrying costs Built in 1955 ^ 832 square feet ^ 3 bedrooms, I bath ^ Large one-stall attached garage ^ Nice backyard ^ New furnace in 2005 1207 Muscatine Avenue $ 148,000 + carrying costs ^ Built in 1900 ^ 1560 square feet ^ 4 bedroom, 1.5 baths ^ Off-street parking ^ Unfinished basement ^ n mi ^ Walk-up attic ^ Fenced backyard For more info including a list of proposed renovations for each home, visit www. icgov.org/U n iverC ity Public comment on Community Development proposals, funding recommendations ends May I 0 May 10 is the deadline for public comment on the following Community Development recommendations: ^ Funding recommendations made by the Housing and Community Development (HCDC) Commission for allocation of Community Development Block Grant (CDBG) and HOME funds for Fiscal Year 201 I .For more information, see the March 29 issue of The Planner at www.icgov.org/default/apps/PCD/newsletter.asp ^ Annual Action Plan, which describes the federally funded activities of the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), among others, to be undertaken by the City during the upcoming fiscal year (July I to June 30). The plan is part of Iowa City's 201 I -2015 Consolidated Plan (CITY STEPS), afive-year plan that is used as a guide for the allocation of resources for housing, jobs, and services for low- to moderate-income Iowa City residents. ^ Citizen Participation Plan, which outlines the steps Iowa City uses to encourage citizen participation in the development of the Consolidated Plan (CITY STEPS), Annual Action Plan and any substantial amendments, as well as the Performance Report by the Community Development division. Copies of the proposed Annual Action Plan and Citizen Participation Plan are available on the City's website at www.icgov.org/actionplan or the Planning & Community Development office on second floor of City Hall. Written comments may be submitted to City Hall, Department of Planning & Community Development, Attn: Tracy Hightshoe, 410 E. Washington Street, Iowa City, IA 52240, or e-mailed to tracy-hightshoe@iowa-city.org. The City Council will discuss the recommendations at its meeting on May 10, which will include a public hearing, during which members of the public will have a final opportunity to discuss or comment. The Planner, 4.26. I 0 -page 5 ~e ~.~ ~~ it tj~ i ,~~ , ~ ~., '~'"w • ., ,, x . n ~, '~ , "~ ~ x4: ter:: _ ~~ ~_ JCCC~-G TRANSPC3RTATIC3N PLANNING JOHN YAPP j;ahnson Caunty Council of Governments Executive Director 3 19.356.5252 jahn-yapp@iowa-city.org Website: www.jccag.org Public comment period open for Transportation Planning Program The draft of the FY I I JCCOG Transportation Planning Work Program, which includes special requested projects; ongoing and routine projects; projects required by the Federal Highway Administration, the Federal Transit Administration, and the Iowa Department of Transportation; and carry-over projects from the preceding fiscal year, is now available for public comment. The document is posted on the JCCOG website at www.jccog.org. The following public meetings are forums during which you may provide verbal input: May 6: JCCOG Transportation Technical Advisory Committee (TTAC) meeting, 10:30 a.m., Emma Harvat Hall, City Hall, 410 E. Washington Street, Iowa City. TTAC will review the work program at this meeting. May 19: JCCOG Urbanized Area Policy Board meeting, 4 p.m., Coral- ville City Hall City Council Chambers, 1512 7th Street, Coralville. The . group will consider adopting the work program at this meeting. In addition, written comments may be sent to Kristopher Ackerson, JCCOG Assistant Transportation Planner, 410 E. Washington Street, Iowa City, Iowa 52240, or faxed to his attention at 356.5217, or e-mailed to kristopher-ackerson@iowa-city.org. All comments received by May 19th will be forwarded to the JCCOG Urbanized Area Policy Board for consideration prior to adoption of the program. New LED lighting cuts parking ramp bill by half The upgrades to lighting systems in City of Iowa City parking ramps are already paying off - literally. Utility bills for the Court Street Parking Ramp, which had new energy-efficient LED lighting installed in Decem- ber, have decreased by half, saving the City approximately $ I ,000 per month. The project was also 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. The Transportation Planning Division, assisted with 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 pro- vide substantial cost savings. The 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. Kristo- pher Ackerson, Assistant Trans- portation Planner with the John- son County Council of Govern- ments, estimates that the cost savings from the new lights will be so significant that the City will recoup the balance of the projects in just four years. After that, the City will continue to save money on electricity bills with the LED lighting technology. The grant received from the State is part of approximately $40.5 million that is being allo- cated for energy efficiency pro- . jects across Iowa. For more information, contact Kristopher Ackerson at 356.5247 or a-mail kristopher- ackerson@iowa-city.org. The Planner, 4.26.10 -page 6 SERVICES Bike Rodeo (and more!) planned Saturday,April 24 at Grant Wood Family fun, fitness, and safety are all part of the agenda for an event scheduled this Saturday, April 24 from I to 3 p.m. at Grant Wood Elementary School, 1930 Lakeside Drive. Participants can learn about bicycle safety through a Bike Rodeo that provides information on safety and rules of the road, and Safety Village, achild-sized town that helps children ages 8 and under learn about pedestrian and car safety and how to prevent accidents and injuries. Reduced-price bicycle helmets will also be available for sale. """""""""~""""""~'~'~~'"""' ~ Other activities include bird walks on Sycamore Trail, skating with the MARCIA BULL.INGER ~ Old Capitol Roller Derby Team, hip-hop and free throw shooting Neighborhood Services events with members of the City High FasTrac group, information from Coordinator the University of Iowa Health Fitness Group, games and activities with 3 19.356.5237 ~ Iowa City Crime Prevention Officer Jorey Bailey, and an opportunity to rnarda-Bollinger@iowa-city.org ~ tour a fire truck and emergency vehicle. Web page: Prizes and drawings will also be held, including a $250 gift certificate www.icgov.org/ raffle from World of Bikes, courtesy of the Optimists Club of Iowa City. All residents of the Iowa City - Coralville area and surrounding com- NOW Otllllle! munities are invited to attend. There is no charge for the event, which All Iowa City neighborhood ~ is being sponsored by the Grant Wood Neighborhood Association, the newsletters are available online: ~ City of Iowa City Neighborhood Services Division, Bicyclists of Iowa www.icgov.org/defaultlapps/PCD/ City, Optimists Club of Iowa City, Iowa City Bike Library, ECO Iowa neighborNews/. Check it out- City, Bike to Work Week Committee, World of Bikes, and Iowa Bike and keep up with the news! Coalition. 3 19 Music Fest scheduled May 8 AmeriCorps and Neighborhood Centers of Johnson County have announced plans for the first annual 319 Music Festival, scheduled May 8 from I to 7 p.m. in Wetherby Park, located at the south end of Taylor Drive in Iowa City. The 319 Festival will feature local and big-name artists, youth talent from southeast Iowa City, and African American-inspired music. Musical acts include Dave Zollo, Idris Goodwin, The Awful Purdies, 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 southside neighborhoods in this celebration of music and the creation of one Iowa City community. To volunteer at the event, or for more information, contact Bethany Bender at Neighborhood Centers of Johnson County at 319.354.7989 or a-mail musicfest3 19@yahoo.com. NEIGHBQRH40L~ Kevin "BF" Burt will be one of the performers. The Planner, 4.26.10 -page 7 Update on garlic mustard pulls For three years, the City of Iowa City has coordinated The Great Garlic Mustard Challenge, a com- munity-wide garlic mustard pull to keep the invasive plant from overtaking local parks and wood- lands. The City will not be orga- nizing the event this year, but is providing support for residents who are scheduling pulls by: plants are available at the Parks Division office at 2275 S. Gilbert Street during normal business hours. ^ Posting info on the web If you plan a garlic mustard pull and need volunteers, contact Marcia Bollinger at 356.5237 or e-mail marcia-bollinger@iowa- city.org so that we can post your information on our website: www.icgov.org/garlicmustard. ^ Free bags Free waste bags for the collection i and disposal of garlic mustard ^ Free disposal Drop off your garlic mustard at the Iowa City Landfill or at the Transit Facility at 1200 S. River- side Drive. All plants must be bagged, and bags must be tied to prevent further spread. Can you help? Volunteers are needed for a pull at the Lee Street ravine. Date: Saturday, May I Time: 9:30 - I I :30 a.m. Meet: At the Hoppins home at 426 Lee Street Wear: Long sleeves, pants and close-toed shoes, due to muddy conditions and steep banks. Gloves are also highly recom- mended. Poison ivy is present in the ravine, and although it is not mature this early in the spring, volunteers need to watch where they step or reach. Heavy plastic bags, water, lem- onade, coffee, and treats will be available. For more info, call 338.3858. Deadline for art entries for PusLleAl~-r ............................................. MARCIA B4LLINGER Public Art Coordinator 3 19.356.5237 marcia-bollinger@iowa-city.org Poetry in Public Art due soon The call for visual artists to submit pieces for this year's Poetry in Public Art Program is quickly coming to a close. Artists must submit their 8 '/z x I I ,two-dimensional works by 5 p.m. on Friday, April 30 at City Hall. All entries must be able to be digitally reproduced for display purposes. All art work must be inspired by one of the poems selected for this year's Poetry in Public Program. Poets themselves will select the piece of art to illustrate their writing, and the two pieces will be displayed together, beginning at this summer's Artsfest on June 5-6. Artists interested in participating should visit www.icgov.org/pipart to review program guidelines and select one of the winning poems. Artists may enter up to three pieces, which should be submitted to: Poetry in Public Art Project Attn: Marcia Bollinger 410 East Washington Street Iowa City, IA 52240 For more information, visit the website or contact Marcia Bollinger at 356.5237 or a-mail marcia-bollinger@iowa-city.org The Planner, 4.26. I 0 -page 8 UPCOMING MEETINGS ........................................................ Public Art Advisory Committee Thursday, May b, 3:30 p.m., Lobby Conference Room, City Hall, 410 E. Washington Street Planning & Zoning Commissian Thursday, May 6, 7 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Agenda items (tentative): Moss Green: An application submitted by the Moss Green Development Corp. for a preliminary plat and a rezon- ing from Interim Development Office Research Park (ID-ORP) zone to Planned Development Overlay Office Re- search Park (OPD-ORP), Research Development Park (OPD-RDP) and Mixed Use (OPD-MU) zone for Moss Green Urban Village, an 18-lot, 171.89-acre office park and mixed use development subdivision located west of North Dodge StreetlHighway I and north of Interstate 80. Terra Verde: An application submitted by TNT Land Development LLC for rezoning from Low Density Single Family (RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra Verde, a 64-lot, 23.22 acre residential subdivision located at 2949 Rochester Avenue. Board of Adjustment Wednesday, May 12, 5:15 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Agenda item (tentative): An application submitted by Nila Haug and Dennis Nowotny for a special exception to allow a bed and breakfast inn to operate in the Central Business Service (CB-2) zone at 51 I E. Washington Street. Historic Preservation Commission Thursday, May 13, 6 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Housing & Community Development Commissian Thursday, May 20, 6:30 p.m., Lobby Conference Room, City Hall, 410 E. Washington Street To view agendas & meeting packets for City meetings Agendas and meeting packets for all scheduled meetings are posted to the City website at least 24 hours prior to the meeting. To view information for these or other upcoming meetings, visit the City's Calendar page at www.icgov.org/defaultlapps/GEN/calendar.asp, click on the date of the meeting, and then on the name of the group that will be meeting. You will be directed to a meeting agenda with links to the meeting packet. Around town Life is beautiful in Iowa City these days, with colorful tulips and other spring flowers now in bloom. Enjoy the season - take a walk along one of the City's many trails or just around your neighborhood! WHO SHOULD YOU CONTACT? ......................................................................................................................... PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT General Phone: 319.356.5230 Fax: 319.356.5217 Department Web Page: http://www.icgov.org/PCD ADMINISTRATION COMMUNITY )CCOG Jeff Davidson DEVELOPMENT John Yapp Director Steve Long Executive Director 3 19.356.5232 Coordinator 3 19.356.5252 jell-davidson@iowa-city.org 3 19.356.5250 john-yapp@iowa-city.org Janet Dworsky Steve-long@iowa-city.org Transportation Planners: Administrative Secretary Community Brad Neumann 319.356.5230 Development Planners• 319.356.5235 Janet-dvorsky@iowa-city.org Tracy Hightshoe brad-neumann@iowa-city.org Jodi DeMeulenaere 319.356.5244 Kent Ralston Public Information Assistant tracy-hightshoe@iowa-city.org 319.356.5253 319.356.5236 Doug Ongie kent-ralston@iowa-city.org Jodi-demeulenaere@ or i cit 319.356.5479 Kristopher Ackerson g owa- y. doug-ongie@iowa-city.org 3 19.356.5247 •••••••••••••••••••••••••••••••••••••••••••• ~ David Purdy ~ kristopher-ackerson@ 3 19.356.5489 iowa-city.org URBAN david-purdy@iowa-city.org Dorian Nagle-Gomm PLANNING Housing Rehabilitation 319.356.5254 Robert Miklo Specialists: darian-nagle-gamm@ Senior Planner David Powers iowa-city.org 319.356.5240 319.356.5233 Human Services bob-miklo@iowa-city.org david-powers@iowa-city.org Planning: Urban Planners: Jeff Vanatter Linda Severson Karen Howard 319.356.5128 Coordinator 319.356.525 I jell-vanatter@iowa-city.org 319.356.5242 karen-howard@iowa-city.org linda-Severson@iowa-city.org Liz Osborne Christina Kuecker Program Assistant Historic Preservation 319.356.5246 3 19.356.5243 liz-Osborne@iowa-city.org Christina-kuecker@ N E IG H BORHOO D iowa-city.org ••,•,•,,,,••••„ SERVICES Sarah Walz Marcia Bollinger Board of Adjustment ECONOMIC Coordinator of 319.356.5239 DEVELOPMENT Neighborhood Services Sarah-walz@iowa-city.org Wendy Ford & Iowa City Public Art Program Coordinator 3 19.356.5237 marcia-Bollinger@iowa-city.org 3 19.356.5248 Wendy-ford@iowa-city.org IP8 Dale Helling From: City of Iowa City [web@iowa-city.org] Sent: Tuesday, April 27, 2010 4:49 PM To: Dale Helling Subject: Weber Days Events throughout Johnson County in May Follow Up Flag: Follow up Flag Status: Red "~vtedia Release Weber Days Events throughout Johnson County in contact: April Jo Harder May Contact Phone: (319) 887-6216 Posted by: Library Mailing List(s): Classes, Programs & Events Originally Posted 4/27/2010 4:49:04 PM Weber Days honors the life of Iowa City's beloved late historian Irving B. Weber (1900-1997) through a variety of local history programs and events throughout May. Weber Days Music: The Post Horns May 5, Noon-1:30 p.m., Iowa City Public Library Weber Days 2010 is happy to present The Post Horns, aFrench-horn musical group from the Iowa City/Johnson County Senior Center. Bring a lunch and enjoy the music of The Post Horns. Backstage Tour May 8, 2 p.m., Johnson County Historical Society Museum Get a behind the scenes look at the Historical Society's collection with curator Leigh Ann Randak. Old Windows Aren't aPane-They're Green!: Preserving Old Windows May 8, 1:30-3:30 p.m., Iowa City Public Library Bob Yapp presents this fun and intense two-hour seminar designed to give attendees a primer in cost effective and energy efficient historic wood window restoration. Historic Home Tour May 16, 1-4 p.m. Join the 4th Annual Parade of Historic Homes, sponsored by the Friends of Historic Preservation University of Iowa Archaeological Field School May 17-June 4, Plum Grove Historic Home Examine the work of UI Archaeology students at their annual field exploration on the grounds of Plum Grove, home of Iowa's first territorial Governor: Weber Days Annual History Lecture, An Accidental Iowa Historian May 19, Noon, Iowa City Public Library Professor Bill Friedricks, winner of the inaugural Iowa History Prize from Humanities Iowa will discuss his journey to become an Iowa historian. A Curious Connection: The Vinnie Ream Statues of Abraham Lincoln and Samuel Kirkwood May 22, 10 a.m., State Historical Society of Iowa Centennial Building Paul Juhl will speak about local sculptor Vinnie Ream. Family Storytime: Weber Days Music with Acoustic Mayhem 4/28/2010 Page 2 of 2 May 22, 10:30-11 a.m., Iowa City Public Library Celebrate Weber Days with some toe-tapping music with Acoustic Mayhem. Weber Days Reception: Historic Downtown Building Models May 22, 1-3 p.m., Iowa City Public Library Join in the Weber Days fun and head to the ICPL to see models of historic downtown buildings created by 5th and 6th grade students at Irving B. Weber Elementary School. Refreshments will be provided. Ice Cream Social May 22, 1-4 p.m., Downtown Iowa City Celebrate Irving Weber Days by enjoying music by the New Venue Big Band, an antique car show, and of course free ice cream supplied by Roberts Dairy! Barn Dance w/ Drollinger Family Band May 22 8-11 p.m., Iowa City/Johnson County Senior Center Everyone is welcome to the barn dance! No experience is necessary; all dances are taught and called by an expert caller. Fun for all ages and the entire family! Fee: $5/person; pay at the door Juke Boxes, Pool Halls and Duck Tales May 24, 7 p.m., Iowa City/Johnson County Senior Center Layton Zbornik presents an entertaining look at those good old days. This fun and entertaining program is full of great memories and music and good for all ages. Old Fashioned Games May 30, 1-5 p.m., Plum Grove Historic Home Visitors of all ages can try their hand at some 19th century games, and also tour the grounds and gardens of this treasure of Iowa City history. ON DISPLAY @ICPL 2008 Flood Commemoration Display May 1-June 30, North Wall, 2nd Floor An art display using decorated sandbags created by community members and photos from the collection of the Johnson County Historical Society. Local History Resources Historic Preservation Awards May 1-May 31, Reference Kiosk, 2nd FloorMay 1-May 31, Reference Kiosk, 2nd Floor Irving B. Weber Elementary School Historic Downtown Buildings Models Late May and June, Reference Area, 2nd Floor Check out models of historic downtown buildings created by Irving B. Weber Elementary School 5th and 6th grade students. The building models will be on display at the ICPL in late May through June. 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 iobs page for employment opportunities. • View more news from the City of Iowa City. 4/28/2010 IP9 Jodi DeMeulenaere From: City of Iowa City [web@iowa-city.org] Sent: Monday, April 26, 2010 1:26 PM To: Jodi DeMeulenaere Subject: Applications for first three UniverCity homes due May 7 People who are interested in submitting an application for a chance to purchase one of the first three houses offered for sale through the UniverCity Neighborhood Partnership Program are urged to get their applications in, as the deadline is Friday, May 7. Application forms are available on the City's website at www.icgov.org/UniverCity, along with photos and additional information on the first three homes, located at 1207 Muscatine Avenue, 517 South Governor Street, and 310 Douglass Court. The opportunity to purchase one of the homes will be determined by a lottery process. In an effort to preserve and build upon the unique character of established neighborhoods adjacent to the University of Iowa campus, the UniverCity Neighborhood Partnership Program plans to purchase several rental properties, convert them back to single-family homes, and offer them for sale to income-qualifying individuals and families. Other goals of the program include achieving a healthy balance of rental and owner-occupied property, ensuring that the neighborhoods surrounding the campus remain vital, safe, affordable, and attractive places to live and work, and encouraging investment in these neighborhoods as part of the University of Iowa's recruitment and sustainability initiatives. For more information on the program, visit www.icpov.org/UniverCity or contact the City's Planning & Community Development Department at 356.5230. 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 iobs page for employment opportunities. • View more news from the Citv of Iowa City. 4/26/2010 Applications for first three UniverCity homes due Contact: Steve Long May 7 Contact Phone: (319) 356-5250 Posted by: Community Dev. Mailing List(s): General City News Originally Posted 4/26/2010 1:25:43 PM IP10 Jodi DeMeulenaere From: City of Iowa City [web@iowa-city.org] Sent: Monday, April 26, 2010 12:59 PM To: Jodi DeMeulenaere Subject: No Great Garlic Mustard Challenge planned this year, but City will offer community support For three years, the City of Iowa City has coordinated The Great Garlic Mustard Challenge, a community-wide garlic mustard pull to keep the invasive plant from overtaking local parks and woodlands. The City will not be organizing the event this year, but is providing support for residents who are scheduling pulls by: POSTING INFO ON THE CITY WEBSITE If you plan a garlic mustard pull and need volunteers, contact Marcia Bollinger at 356.5237 or e- mail marcia-bollinger(a~iowa-city.orp so that we can post your information on our website: www.icaov.orp/garlicmustar_d. FREE WASTE BAGS Free waste bags for the collection and disposal of garlic mustard plants are available at the Parks Division office at 2275 S. Gilbert Street during normal business hours. FREE DISPOSAL Drop off your garlic mustard at the Iowa City Landfill or at the Transit Facility at 1200 S. Riverside Drive, free of charge. All plants must be bagged, and bags must be tied to prevent further spread. Garlic mustard is anon-native plant species that is rapidly spreading throughout the area's parks and woodlands, threatening native woodland flowers, ferns, and tree seedlings, as well as the food supply and habitat for woodland animals. Volunteers who will be working this spring in timbered areas are reminded to dress appropriately in long pants, long-sleeved shirts, and close- toed shoes, and to bring a pair of work gloves. For more information, contact Marcia Bollinger, Neighborhood Services Coordinator, at 356.5237 or a-mail marcia-bollinger(a~iowa-city.oro. 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 employment opportunities. • View more news from the City of Iowa City. 4/26/2010 No Great Garlic Mustard Challenge planned this Contact: Marcia Bollinger year, but City will offer community support Contact Phone: (319) 356-5237 Posted by: Neigh. Services Mailing List(s): General City News Originally Posted 4/26/2010 12:59:18 PM City of Iowa City -News & Headlines u4-~y-~ u IP11 «« iBack to Site Back to News Releases News Releases Originally posted on Thursday, April 01, 2010 at 12:54:32 PM POETRY IN PUBLIC SELECTIONS MADE; CITY NOW SEEKS ILLUSTRATIVE ART FOR NEXT PHASE OF PROGRAM A panel of judges has reviewed this year's entries to the City of Iowa City's Poetry in Public program, and soon, the poems of 85 writers whose works were selected will be placed on public display. Beginning with National Poetry Month in April, poems by 35 adults and 50 youths may be viewed on buses, downtown kiosks, and in public buildings throughout the City. They will remain on display for several months. Poetry in Public, now in its eighth year, is funded by the City's Public Art program. Poetry in Public celebrates Iowa City's rich literary tradition and local writing talent by displaying poems submitted by published and unpublished writers of all ages. To view this year's selected entries, visit www.icgov.orct/pip. Now, on to the visual arts! Now that poems have been selected, it's time to solicit pieces for the next part of the Poetry in Public program -- Poetry in Public Art. Introduced last year, this program encourages local visual artists to submit two- dimensional art works that have been inspired by one of the winning poems. Poets themselves will select the piece of art to illustrate their writing, and the two pieces will be displayed together, beginning at this summer's Artsfest on June 5-6. Artists interested in participating should visit www.icgov.oro/pipart to review program guidelines, select one of the winning poems, and submit original illustrative artwork no larger than 8 1/2 x 11. Up to three pieces may be submitted, and all art must be able to be digitally reproduced for display purposes. Entries should be sent or dropped off to: Poetry in Public Art Project Attn: Marcia Bollinger 410 East Washington Street Iowa City, IA 52240 The deadline for entries is Friday, April 30 at 5 p.m. For more information, visit the Poetry in Public Art website at www.icgov.org/Dipart or contact Marcia Bollinger at 356.5237 or by a-mail at marcia-bollingert~iowa-city.org Originating Department: Public Art Contact Person: Marcia Bollinger Contact Phone: (319) 356-5237 Back to News Releases http://www.icgov.org/default/apps/GEN/news.asp?newsID=6137&page=4&output=print 4/26/2010 MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE MARCH 16, 2010 LOBBY CONFERENCE ROOM, 8:00 A.M. Members Present: Regenia Bailey, Matt Hayek, Susan Mims Staff Present: Wendy Ford, Jeff Davidson Others Present: Gigi Wood, Gregg Hennigan RECOMMENDATIONS TO COUNCIL: None. CALL MEETING TO ORDER: The meeting was called to order by Chairperson Bailey at 8:00 A.M. APPROVED IP12 CONSIDER APPROVAL OF THE MARCH 2 2010 ECONOMIC DEVELOPMENT COMMITTEE MEETING MINUTES: It was moved by Hayek and seconded by Mims to approve the March 2, 2010 meeting minutes as submitted. Hayek clarified the spelling of Gigi. The motion carried unanimously. Ford added the clarification which had been submitted by Jody Braverman of Southgate Development Services. Braverman clarified the statement in the March 2, 2010 meeting minutes: "Sears Holdings, which owns the K-Mart building in the Pepperwood Plaza, is seeking to make changes to the building in order to construct a laundromat on the site." Braverman stated that Kobrin Development Company, Inc. f/k/a Southgate Development Company, Inc. has owned this property since it was built. CONSIDERATION OF MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN, APPROXIMATELY 243 ACRES NORTH OF I-80 AND WEST OF HIGHWAY ONE: Ford stated that the Iowa City Planning & Zoning Commission would be considering the proposed Moss Green Urban Village Urban Renewal Plan on Thursday, March 18. She would forward the recommendation from the Economic Development Committee to them prior to the Thursday meeting. Ford stated that the Urban Renewal Plan area totaled 243 acres because it included the Hills Bank-Llewellyn Trust property that would enable Oakdale Blvd. to be extended from Highway 1. Ford clarified that the Urban Renewal Plan was principally for the purposes of using Tax Increment Financing (TIF) for the Moss Green project. Ford stated that two questions needed to be addressed in evaluating the Urban Renewal Plan: Does it fit with the goals of the City's economic development policies? Is it consistent with the Iowa City Comprehensive Plan? Ford reviewed the points which addressed these questions. Ford stated that under Iowa state law the Moss Green Urban Village Urban Renewal Area would be designated for economic development not slum and blight. There would be a sunset of 20 years. Mims asked about the TIF certification process and Ford clarified. Hayek asked about the estimated cost of infrastructure improvements in the $10-15 million range. Davidson stated that approximately $10 million was the developer's estimated cost to extend sewer, water, and road infrastructure to the Economic Development Committee Meeting March 16, 2010 property. Ford stated that the additional $5 million was to incent development of individual properties. Mims asked if the EDC's recommendation was just to the Planning & Zoning Commission and not to the City Council. Davidson clarified that it was just to the Planning & Zoning Commission and that P&Z would make a recommendation to the City Council. It was moved by Mims and seconded by Hayek to recommend approval of the Moss Green Urban Village Urban Renewal Plan. The motion carried unanimously. COMMITTEE TIME: Bailey announced a Smart Growth conference being sponsored by the Iowa Department of Economic Development in May. Hayek asked if any further news was available about the Asoyia failure. Ford responded she did not have additional information, but no City funds had been used to incent the project. STAFF TIME: No report. ADJOURNMENT: Bailey stated that the next meeting was tentatively set for April 27 which is a City Council meeting day. Bailey stated April 6 was also a possibility for the group to meet prior to the City Council meeting. Ford stated she would clarify dates and times once agenda items were known. It was moved by Hayek and seconded by Mims to adjourn. The motion carried unanimously. 2 Economic Development Committee Meeting March 16, 2010 Council Economic Development Committee ATTENDANCE RECORD 2010 TERM ~ w w NAME EXP. o ^~ ~, Regenia 01/02/11 X X X Baile Matt 01 /02/11 X X X Ha ek Susan 01/02/11 X X X Mims Key: X =Present O =Absent O/E = Absent/Excused S/PC D/minutes/EcoDev/2010/03-16-10 EcDevCom mMtg.doc 3 IP13 MINUTES YOUTH ADVISORY COMMISSION April 12, 2010 - 7:00 PM HARVART HALL, CITY HALL Members Present: Zach Wahls, Luan Heywood, Gary Black, Jerry Gao Members Absent: Alexandra Timarius Staff Present: Marian Karr, Ross Wilburn Others Present: None CALL TO ORDER: PRELIMINARY The meeting was called to order at 7:05 p.m. Luan Heywood chaired the meeting. ELECTION OF OFFICERS: The Commission postponed the election of officers by one more month due to Timarius' absence. Wahls motioned to postpone the election of officers until May. Gao seconded the motion. The motion carried unanimously, 4/0. MINUTES: Wahls motioned to approve the March 8 minutes. Gao seconded the motion. The motion carried unanimously, 4/0. VACANCY UPDATE: The Commission briefly discussed the vacancy situation, one at Tate and one for Regina. Karr reported that she had been contacted by a Regina student interested in the vacancy. Black reported that he had successfully put fliers up in Regina, so hopefully, the Regina vacancy will be filled by the next meeting. Black stated he will continue his efforts with Tate. Heywood reported that it's likely she'll be around for the rest of her term, and Gao said that the likelihood of him being around the rest of the year is increasing for him well. YOUTH ADVISORY COMMISSION April 12, 2010 Page 2 of 3 BUDGET: The Commission briefly discussed the budget. $1,000 still remains in the budget for Youth Empowerment Grants, and There have been no expenditures since the last meeting. Wilburn noted that $250 remained in the Global Village budget as well and suggested the possibility of having the Commission fund a youth group at the Global Village. Black said he would contact the Summer of the Arts and see if they had any ideas. Karr volunteered contact information. Karr mentioned that sooner, rather than later, YAC might want to update the Grant application/process and guidelines. Gao and Wahls will look over everything and bring a list of suggestions to the Commission at the next meeting. SUBCOMMITTEE APPOINTMENTS: Gao agreed to serve on the Website & Advertising and Grant Programming Committees. CITY COUNCIL UPDATE: Wilburn mentioned that the 21-only policy will be in effect June 1. He then briefly ran through the options that may soon be facing council. He also reported that the 18-only initiative was now, essentially, off the table. MEETING SCHEDULE: The next meeting will be Monday, May 3rd at 7:00. ADJOURNMENT: Wahls motioned to adjourn. Black seconded the motion. The motion carried unanimously, 4/0, 7:40 p.m. Z O ~~ ~~ ~ V .-. Owo ~; U ~ .- ~a 00 ~ V ~ c OZQ ~ Z } ~ Q W v Q O X X ~ X x M X X X X N N N X X X X ~ ; ~ ; ~ ; ~ ~ ~ Z ~ Z ~ Z ~ Z i ' i i ' ~ d W X F- W M N ~ o r- M N r- ~ ~ M N .-- o r- M N ~ ~ ~ M N .- ~- ~- M N ~ o M N .- W ~ Z ' _ ~ ~ ~ ~Q ~ ~ a. a L 0 -a CJ O ~ ? d V ~~ W ~ ~ ~ ~ r ~ d ~ m ~ ca N N aaaz°z° II II ~ II II XOpZ Y IP14 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 - 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Andy Douglas, Jarrod Gatlin Holly Jane Hart, Rebecca McMurray, Brian Richman MEMBERS ABSENT: Charlie Drum, Michael McKay, Rachel Zimmermann Smith STAFF PRESENT: Steve Long OTHERS PRESENT: None RECOMMENDATIONS TO THE CITY COUNCIL: The Commission voted 6-0 (Drum, McKay and Zimmermann Smith absent) to recommend approval of the Citizen Participation Plan with minor changes. The Commission voted 6-0 (Drum, McKay and Zimmermann Smith absent) to recommend approval of the FY11 Annual Action Plan and the FY08, FY09, and FY10 Annual Action Plan Amendments as proposed by staff, including a recommendation to allocate an additional $70,000 IN FY11 HOME funds to the City of Iowa City's owner-occupied housing rehabilitation program. CALL TO ORDER: The meeting was called to order by Chairperson Brian Richman at 6:30 p.m. APPROVAL OF THE MARCH 25, 2010 MEETING MINUTES: Richman recommended a change in wording on a comment attributed to him. Chappell motioned to approve the minutes as amended. Hart seconded. The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. STAFF/COMMISSION COMMENT: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 2 of 9 REVIEW OF THE CITIZEN PARTICIPATION PLAN (Recommendation to City Council): Long said this is an important HUD-required document that is being updated from the last time it was approved in 2004. He said the format is different though the contents are essentially the same. Long said the only change staff is proposing is under Section 3, bullet #2. He said there are now two categories: "substantial change" and "non-substantial change"; previously there was only the "substantial change" category. Long said that under these revisions, any change of $50,000 or more would be considered substantial and would require City Council approval. Anything under $50,000 would go to the City Manager, who would decide if it should go back before the City Council or the Commission. Long said that a review had been conducted of the Participation Plans for the other entitlement cities in Iowa and that some of the changes incorporated into the new document came from those plans. Long said that basically the plan governed how documents would be made public and what do to if there was a change in purpose, scope or location for an HCDC-funded project. Long said there have been issues in the past concerning changes in location; however, that part of the plan has been unchanged because the City Council has provided good direction with its scattered-site housing policies and, as it stands, changes in location go back before the City Council. Chappell asked what was meant by the phrase "change in scope." Long said it deals primarily with changes in dollar amounts and significant changes in budget. Long said that this is an area where the City Manager can make the decision rather than having the matter go back before the Council and the Commission, so long as the change was non-substantial. Douglas asked if this pertained to CDBG-funded projects and Long replied that it was in regard to CDBG/HOME-funded projects. Chappell asked if the language meant that these regulations pertained only to projects that were originally allocated at least $50,000. Long said that was correct. Chappell asked if the amendment to the plan was only required if the change in scope also was of at least $50,000. Long said that was correct, adding that it was $50,000 or 25%. Richman said that it should actually be "the lesser of." Richman suggested that it should read: "a change by the lesser of $50,000 or 25% would be considered a substantial change." Long and Chappell agreed. Richman commented on Section 5, The Citizen Access section. Richman noted that earlier in the year there had been some issues with the survey for the CITY STEPS plan. He said he wondered if there were ways to improve that process to garner more participation from the wider community. He said that it would be valuable to get input from the wider community when setting strategy, and not just from vested parties. Long said it is difficult to get wide participation. The City had advertised in the neighborhood association newsletters, had meetings at different neighborhood organizations and sent direct mailings to targeted neighborhoods. Long said that he believed there had been some lessons learned from the online survey. He said it would have been helpful to have a mechanism whereby the same people could not take the survey more than once. Richman pointed out that this could have been done by requiring an a-mail address. Richman suggested that it might be useful to consider having a staff, Commission or Council member appear on a local radio show to talk about the importance of the process and what actually comes out of it. He said it could be one way of getting people more interested in participating. Richman suggested adding a sentence under Media which includes something about making an effort to have City officials appear on local media to discuss the process. Douglas suggested that City TV would be an appropriate vehicle for that. Long said these could be follow-ups to the media releases already included in the plan. Richman said that having people actually discuss the matter in a public venue could get more participation from the general public. Chappell motioned to approve the plan with the changes proposed by the Commission. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 3 of 9 Gatlin seconded. A vote was taken and the motion carried 6-0 (Drum, McKay and Zimmermann Smith absent). REVIEW OF THE FY11 ANNUAL ACTION PLAN AN_D FY08, FY09. FY10 ANNUAL ACTION PLAN AMENDMENTS (Recommendation to City Council): Long said that the Commission had already actually considered these matters. He explained that the FY08 amendment was the result of a CDBG allocation to Blooming Garden for which the applicant had cancelled its agreement. The Commission terminated the agreement and reallocated those funds as part of the FY11 funding process. Long explained that the FY09 and FY10 amendments were the result of Dolphin International having been allocated $188,000 in HOME funds for down-payment assistance. As that project is no longer moving forward, those funds have also been reallocated. Long said that this agenda item is the formal process to let HUD know about the changes. Long said that the Annual Action Plan is currently in the middle of the public comment period. McMurray asked how many comments were typically generated for something like this. Long said that it depends. He said that there may not be many for the amendments, but staff has already received a number of comments on the Annual Action Plan. Long said there had been comments from applicants that had been pleased with the process and some comments from Dolphin International as well. Hart asked if the comments were public and if the Commission would see them. Long said that the comments will be sent to the City Council as part of their packets and will be forwarded to the Commission at that time as well. Hart said she would like to see them. McMurray asked if Dolphin International was hoping that City Council might change the Commission's ruling on their case based on the comments they were offering. Long said that was likely the hope. Long said that the FY11 Annual Action plan is aHUD-required document. He said the plan looks a little different than it has in previous years, as a consultant was hired that used a HUD template that staff has not used in the past. Long said that this had the effect of making the document a little less reader-friendly. Long distributed the budget for the CDBG/HOME funds. He explained that the Commission does not consider Council-mandated earmarks such as The Economic Development Fund, Aid to Agencies, and Housing Rehab. Richman noted that there was a memo in the Commission packet outlining the final dollar amounts from HUD. Long said that they had received some good news. Richman said it looks as though the City received an additional $70,000 in CDBG funds. He said that staff favors rolling that funding into owner- occupied housing rehab. Long said this was not correct. He said there had been no increase in HOME funds, but there had been an 8% increase in CDBG funds. Long said there has been a pretty drastic decrease in program income in the form of loan repayments because the refinancing frenzy that had occurred for several years has decreased in the last year or two; additionally, people are staying in their homes longer and not selling them as quickly as had been the case in the past. Richman asked for some sort of sense of the magnitude of the drop in program income. Long said he believed the funds were down about $60,000, and those funds are used to estimate Aid to Agencies and administration costs. He said that 15% of CDBG dollars can be used for Public Service applications and up to 20% can be used for administration. He said that a lot less administration dollars have been used the last two years because so much time has been used for flood recovery. He said this is part of the reason there is a little bit of surplus in HOME funds, which is usually used for project cost overruns, or changes in projects. Long said a lot of projects have issues that come up, so the reserves are kept to cover those. Long said that HUD has just notified the City that they must have some HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 4 of 9 funds committed by July 31, 2010, and that one way to do that is to give it to Housing Rehab. Richman asked if the additional $70,000 would be money above and beyond the $212,000 earmarked by Council and Long said that it would be. Richman asked how that $282,000 would compare to what had been earmarked by Council in the past. Long said he believed that last year's earmark was $228,000. Long noted that with HOME funds and Housing Rehab a comprehensive rehabilitation of the property must be done; it is not allowable to simply go in and replace the furnace as it would be with CDBG funds. Richman said the question is if the Commission wants to go in and allocate it to owner-occupied housing rehab, or to something else. Long said that staff had chosen Housing Rehab because they knew they could commit it quickly as they have a waiting list of people. Richman said that is fine unless Commissioners have other ideas. Hart and Chappell said they have no problem with staffs proposal for the money. Long said the first part of the Annual Action Plan explains what the goals are in CITY STEPS, how they will be met, and the anticipated resources for the next year. He said CITY STEPS is then basically summarized. Long said that Appendix A describes each project with the objectives, outcomes and accomplishments. He noted that the Commission's Justification Memo is attached at the end. Long said that City Council does look at the Justification Memo, so he appreciated the time the Commission put into it. Hart asked who had done the memo this time and Richman said that he and Zimmermann Smith had done it. Chappell asked about the public policy recommendations on page 29. He noted that one of these recommendations was to adopt a mandatory inclusionary zoning ordinance. He said it was his understanding that at a recent work session the City Council disavowed itself of any interest in inclusionary zoning at this time. Chappell asked if the Commission should then remove that recommendation. Long said that they could not remove it because it was part of CITY STEPS and had been adopted. Douglas said that the City Council might choose to revisit the issue. Long said CITY STEPS is reviewed every fall. Douglas said he liked the idea of leaving it in, as it may put the slightest bit of pressure on the Council. Long said he would anticipate at least one or two of the Council members revisiting this in the fall. Douglas said that he had come across a statement in the plan that encouraged the creation of co-ops for the management of mobile home courts. He asked if this was something new. Long said that it was new, and that it had come about as a result of the Housing Market Analysis that was done just prior to CITY STEPS. Douglas asked if this was actually happening. Long said it was not. He said there had been discussions with one mobile home park that is actually outside the city limits, but that nothing has gone beyond the discussion phase. McMurray asked what was meant by a "cooperative." Long said that instead of a mobile home having a single, private owner, everyone in the mobile home park would own a share of it and would have a voice in its management. Long said this has been done in other parts of the country. Douglas said that the current owners of a mobile home park would have to be interested in selling to a cooperative entity. McMurray asked if Iowa City had more mobile home parks than is usual as it seemed like there were a lot of them. Long said he did not believe so, but that many of them were just outside the city limits. Richman said it was relative; there were more than in Manhattan, for example. Long said that Habitat for Humanity had put together a good study of mobile home parks and presented it to the Board of Supervisors last month. He offered to forward it to Commissioners. Long said there is one park in Iowa City where 88% of the homes were built before 1976, when HUD passed requirements banning the use of aluminum wiring and requiring the use of 2x4s and 2x6s in their construction. McMurray said that if the mobile home parks were outside the city then there was not really anything the Commission could do about them. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 5 of 9 Long said that the Commission could direct staff to study the issue within the city limits if they were interested in learning more. Long said that if the Commission wished to put some of the extra funds into Housing Rehab then that should be stated as part of any recommendation the Commission makes. Douglas motioned to adopt the FY11 Annual Action Plan and FY08, FY09, and FY10 Annual Action Plan Amendments as proposed by staff, including a recommendation to allocate an additional $70,000 in FY11 HOME funds to the City of Iowa City's owner- occupied housing rehabilitation program. Hart seconded. The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent). DISCUSSION OF FY10 PROJECTS THAT HAVE NOT PERFORMED PER THE UNSUCCESSFUL OR DELAYED PROJECTS POLICY: Long explained that the City has a policy which states that if a CDBG applicant has not expended at least 50% of their funds by March 15th they must come back before the Commission. At that time, staff reviews all of the budgets to make sure that they are on track. Long stated that there are five applicants that have not spent 50% of their funding. MECCA's Aid to Agencies funding has not yet been spent; however, Long said that they simply have not yet billed the City for the funds. Long said that the same is true for Successful Living's Therapeutic Recreation Program. Long said that United Action for Youth had received funds to renovate the exterior of their facility on Iowa Avenue. He said that the project had involved painting, and the weather had not been warm enough to allow the work to be done prior to March 15th. The Neighborhood Centers of Johnson County (NCJC) received funds to replace an exterior deck. Long said they hoped to begin by May 1St, and staff is confident that project will go forward. Richman noted that this would only give NCJC two months to spend their allocation. Long said that after talking to the architect, staff is confident the project will be done by then. Long said MECCA's security improvements are on track to be completed. Long said that all of the projects seem to be on target for completion and that it is unlikely that any of those CDBG funds will need to be recaptured. The new facility for Shelter House is under construction and will be completed on schedule. They drew down the CDBG Stimulus funds first and the FY10 CDBG funds will be drawn down by the end of the fiscal year. REVIEW OF THE FY11 ALLOCATION PROCESS: Long said this agenda item offers Commissioners the opportunity to consider (or form a committee for further consideration of) how the allocation process went overall, and/or any changes or recommendations the Commission might have in terms of meeting format, application materials, outreach to the community, etc. He said the idea was to have the Commission start thinking about it while the process is still fresh in their minds. He said that the issue can be set as an agenda item for a later date, or a subcommittee could be formed to revamp things somewhat. Richman said he still felt like the ranking process is less than perfect. He said that the categories and line items available to rank some of these projects still need some work. Richman said that he believed the ranking forms could certainly be improved to better reflect some of the things that go into the consideration of these projects. Douglas said he would agree with that. He said that some of the points are so broad as to be meaningless HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 6 of 9 and can be applied to all of the projects. Richman said that putting criteria that Commission members do not necessarily put a lot of weight on tends to unfairly skew the process. Long asked if having separate ranking sheets for rental projects and owner-occupied projects would be helpful. Richman said he personally would not find that particularly helpful. Richman said that he would very much like to see the staff reports delineate specifics about the ability of applicants to repay all or portions of their loans. Chappell asked if Richman meant that staff should support recommendations on financing. Richman said that was correct. He said that this year all of the applicants for housing requested some variation of a forgivable loan. He said that this was not addressed in the initial staff reports, though Long and Hightshoe had provided this sort of information later on. He said it might be helpful to see this information earlier in the process. Richman said that one thing that could go on the ranking sheets is whether the Commission feels the proposed financing terms and developer fees are appropriate or reasonable. Douglas noted that this might cause applicants to think a little bit more about the terms they request. Hart said that was a good idea. She said that there are some projects or applicants that will simply never bring the kind of resources to the table that would allow repayment; however, there are some applicants that can repay. Chappell said that overall the process had been about as efficient as he could have imagined it to be. He said that in the end he is not sure what he got from some of the site visits; however, for a project like DVIP's ramp, it did help to understand the nature of the project better. Long advised Commissioners to continue thinking about the issue. Chappell said he had concerns similar to Richman's regarding the ranking sheets. McMurray said she would like to be able to give additional points for green projects. Chappell said he wondered if there could be some sort of discretionary points that are awarded to projects, as so often it wound up that all of the applicants had the same point totals. Chappell said that he sometimes became so absorbed with the ranking sheet that he then ignored the priority level. He said he could not, however, figure out how to build the priority levels into the ranking sheets. Long said the function of the sheets in their present form is to serve as guides for the Commissioners' recommendations. Richman pointed out that in the last allocation cycle rental housing was a high priority and owner-occupied was either medium or low. Richman said that, nonetheless, funds were appropriated for owner-occupied projects such as Habitat for Humanity, though all of the funds could have been allocated to rental projects that were technically ranked as being of a higher priority. Richman said he agreed with Chappell's idea of having some way to reflect the more subjective assessment that shows up in the rankings. Douglas said that ultimately it seemed as though the Commission did not really pay much attention to the rankings. He said the rankings serve as a process for Commissioners to wrap their heads around a project, but in the end they are not used much. Richman asked Long what a good process for improving the allocation system might be. Long suggested having a subcommittee get together to go over the process. He said that in the past staff has contacted other communities to see what they do. He said Iowa City is one of the few to use a ranking sheet. Chappell asked if any of the feedback from applicants made reference to that part of the process. Long said that Habitat had some concerns about the ranking process. Chappell asked what the nature of their concerns was. Long said that they seemed to think it was not really worthwhile to even use the ranking sheets. He said it was the opinion of the person who offered comments on Habitat's behalf that the Commission should either strictly use the ranking sheets or should strictly use the priority levels. Long said the ranking sheets were set up to be used as a guide. He said that, to be honest, one of the original intentions of the system was to weed out some of the applications that"did not seem to be feasible; a score of less than 65 meant the project would not be funded. Long said that since then the ranking system has evolved quite a bit, and continues to evolve. McMurray said she thought the rankings had been intended to eliminate some of the biases Commissioners might hold. She said that everyone has their own favorite projects and agencies that they cannot help but want to aid. She said that the rankings have been useful for her in checking those inherent biases, HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 7 of 9 and seeing that although she may really like a project, if its ranking is low it should be funded lower, if at all. Gatlin said that he would not want to see the ranking sheet eliminated, but some modifications would be helpful. Gatlin said it had been helpful to him to see how other Commissioners had ranked projects. McMurray said it would make sense to eliminate categories where either all points or no points are awarded across the board. McMurray gave the category of "human resources" as an example of this. Long explained that this category was put in place to level the playing field for agencies such as Habitat for Humanity that had a lot of volunteer power but few outside resources who were competing against agencies with a lot of resource power but little volunteer support. Richman said this brought up the issue for him regarding the applicants' documented attempts to secure outside funding. He said it has never been clear to him how specifically the ranking sheet is asking applicants to detail the efforts they have made to secure outside funding. Chappell said it may be helpful to have a meeting prior to using the ranking sheets where Commissioners discuss what those individual categories mean. Chappell said that he remembers having questions about how two categories actually differed. He said there was no need to get dogmatic about it, but that a conversation about individual interpretations might lead to a better understanding in the end. Long said that would be a good way to get everyone on the same page. Richman said that ever year there is recognition that there are some problems with the process, but by the time the Commission starts talking about it, the process is six months behind them and no longer fresh in their minds. Richman proposed that Long a-mail out the three ranking sheets and everyone take ten minutes to evaluate which ranking items are problematic; then, at the next meeting the Commission can discuss ways to improve the ranking system. The Commission agreed to proceed in this manner. DISCUSSION OF THE COMMUNITY DEVELOPMENT CELEBRATION: Long explained that this is an annual celebration that is held to focus on community development and what the funds actually do in the community. He said it is usually held at a place that has been assisted by HCDC. Chappell asked who attends the celebration. Long said that there are typically around 100 people; recipients of FY11 allocations are acknowledged. He said that invitations are issued to neighborhood groups, community members, realtors, former members, etc. He said the event is promoted through local radio and cable television as well as press releases. Long said that it does typically work best if a couple of Commissioners take the lead on the project. He said that staff generally sees to the details, but they take ideas from the Commission members. He said that there will be an intern available to help with the celebration this year. Hart said she would be willing to help with this celebration. Long said the committee would pick a theme and a location. Staff then solicits donations from area restaurants to provide food. Long noted that last year First American Bank donated funds to purchase food for the event from restaurants that had been assisted by CDBG funds. Long said that banks are historically good donors in part because of the Community Reinvestment Act. He said he would send out an a-mail about this to Commissioners who were not present. MONITORING REPORTS: Shelter House -New Construction 8~ Operations (McMurray): McMurray said she was unable to speak with Kafi Dixon directly, however the $2,500 operational expenses for STAR has been fully expended. The CDBGR stimulus money in the amount of $116,785 is also fully expended. The $194,483 in CDBG funding was also allocated to this project and the funds HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 15, 2010 PAGE 8 of 9 have not been expended; however, the funds will be spent by the end of the fiscal year.. McMurray said that Shelter House had sent her a construction summary to show what has been finished on the project, and the budgetary changes that have occurred. Richman asked if they were on schedule to finish in the fall. McMurray said that she had asked that but no date had been given in their reply. Long said that they are governed by very strict funding deadlines so they will be finished by October. He shared photos from the Shelter House website. United Action for Youth -Facility Rehabilitation (Gatlin): Gatlin said that UAY had been allocated funds for maintenance and structural updates to their property at 422 Iowa Avenue. Gatlin said that the project was 80% done as of two weeks ago. The painting and the structural updates to the stairs and the exterior of the house has been completed. Gatlin said a new door has been put in and the window update will be completed by July 15'. He said they are approximately $2,000 over budget, but definitely feel they will be finished within the required timeframe. Long asked how that $2,000 over-run would be paid. Gatlin said that they had mentioned there had been some funding available through CDBG in the past and that they would be contacting Long and Hightshoe. Aid to Agencies -United Action for Youth, Elder Services Inc., MECCA (Douglas): Douglas said that Elder Services had received $54,000 in funding from Aid to Agencies, $41,000 of which has been spent. He said they are on track to spend the full amount for their case management department, which helps elderly and frail people stay in their homes by having services arranged for them. Douglas said that he had not spoken with MECCA, but he believed Long's report had already addressed the MECCA issue. Douglas said he would address UAY at the next meeting. ADJOURNMENT: Gatlin motioned to adjourn. Douglas seconded. The motion carried 6-0 (Drum, McKay and Zimmermann Smith absent). The meeting was adjourned at 7:33 p.m. Z O N _N O U H Z W J a O W W D ~_ Z O V 0 Z Q Z N O O OC O v W W O V ~ Z O Q N Z W H a x x o x x o x x o N x x x x x x x x x M X X X X X X ~ X X M tD X X X X X X X X X N N X X X X X X X X X N ~- O N -- O ~ ~ O r N ~- ~a X w r o N r ~ r- O r ~ ~ O . o N r ~ r- O r ~ ~ O r ~ .- O ~ r- O o N Hw O rn O rn O ~ O rn O rn O rn O rn O O Q ?~ w W a U W ~ Z Q Z Q .J ~ ~ Q = ~ a-a, fn ~ Q ~ J U_ ~' m Z J N = ~ O 2 ~ ~ z Q ~ J ~ w a ~ ~ ~ ~ ~ ~ ~ _ w= ~ Z U D ~ U 2 ~ ~ U_ ~ ~ N~ a N ~ 7 ~ X ~ _W+~ N ~c~~ N a~ ~ ca aQz ° Z n n ii ii w~ ; Y X O Z ; IP15 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION APRIL 8, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Lindsay Bunting Eubanks, William Downing, David McMahon, Pam Michaud, Dana Thomann, Alicia Trimble, Frank Wagner MEMBERS ABSENT: Ginalie Swaim STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Jason Bradley, Suzanne Bradley, Pat Coyle, Mark Kennedy, Steve Miller RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:00 p.m. She welcomed Kent Ackerson as the newest Commission member. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CONSENT AGENDA: Certificate of Appropriateness: 604 Ronalds Street. Kuecker said this project involves the addition of a skylight on the north elevation, the non-street side facing elevation. She stated that the house is on a corner, and the south and the west elevations face the street. 1126 Burlington Street. Kuecker said this project is for the demolition of a chimney on anon-contributing property in the College Hill Conservation District. She said the reason the property is non-contributing is that it no longer has a porch and has therefore lost its historic character. Kuecker stated that staff recommends approval of both applications as presented. Coyle, the owner of 1126 Burlington Street, said he was available to answer questions. Michaud asked what happened to the porch. Coyle said that the house had white aluminum siding, which he took off last week. He said that after removing the siding, it appears that someone removed the porch, perhaps in the 60s or 70s. Coyle was not sure why it had happened. MOTION: Baker moved to approve the consent agenda items as proposed. Trimble seconded the motion. The motion carried on a vote of 9-0 (Swaim and Wagner absent). Historic Preservation Commission April 8, 2010 Page 2 CERTIFICATE OF APPROPRIATENESS: 676 Governor Street. Kuecker said this is the last house on South Governor before the railroad tracks. She said the property was recently purchased by the applicant, who is proposing to remove two windows. Kuecker said that one of the windows is anon-original octagon-shaped window on the front porch, and the other is a non- original slider window on the south elevation. She said the owner would like to remove those windows and install siding in their place. Kuecker stated that the second part of the application is to remove the chimneys. She said the applicant has indicated that one chimney is missing almost all of its mortar, and the other one has suffered quite a bit of fire damage. Kuecker said the owner feels that the chimneys are therefore structurally unsound. Kuecker said the third part of the proposal involves the lifting, stabilizing and moving of the outbuilding. She said the outbuilding would be relocated to either the northeast or the southeast corner of the lot, allowing for a more usable back yard. Kuecker said the fourth part of the project is the construction of a fence along the north property line. She referred to a sketch in the packet and said the fence would be a seven foot six inch privacy fence similar to those on the neighboring properties. Kuecker said that staff believes the changes proposed by the applicant will have minimal impact on the house and property. She said the proposals comply with the guidelines, and the investment and stabilization will benefit the property in the long term. Kuecker said staff recommends approval of the application as presented, provided the openings to the removed windows be sided and painted to match the existing siding. Kennedy, the owner of the property, said that he would like to make the outbuilding into a potting shed. He said that a chimney behind it is the only thing holding it up. Kennedy said he plans to shore the outbuilding up and then pick the whole thing up and take it over to a new slab, set it up true, and repair the siding. He said he thought it might have been built in the 1930s because of the metal roof. Bunting Eubanks said it is wonderful to try to preserve an outbuilding, especially one that is historic. Kennedy agreed that the building has a lot of character. Bunting Eubanks commented on how she liked that this would also be recycling the materials. Michaud asked about the height of the fencing. Kennedy said he set that height after he field measured the fence on the next lot over. He said he would not have a problem bringing it down; it is something he did not have an exact measurement on. Michaud asked if the fence would be parallel to the easement or the unpaved alley. Kennedy replied that he might turn it to follow the unpaved alley, but was not certain yet. Michaud said that if Kennedy eventually plans to do this, it may look odd to have the fence so high. Kennedy said he thought that too. He said he would not object to having asix-foot fence, and in fact, it would look better to him. MOTION: Michaud moved to approve a certificate of appropriateness for the proposed alteration demolition project at 676 South Governor Street as presented in the application, provided the openings of the removed windows be sided and painted to match the existing siding, Historic Preservation Commission Apri18, 2010 Page 3 with the suggestion that the fence be lower than proposed. McMahon seconded the motion. The motion carried on a vote of 9-0 (Downing and Swaim absent). DISCUSSION OF 1127 MAPLE STREET. Kuecker said the owners would like to build an addition on their house. She said the guidelines do not really discuss additions on non-historic houses on non-historic streets. Kuecker said that Maple Street was left out of the National Register nomination for the Longfellow Neighborhood. She stated that when the City Council adopted the neighborhood, it had to be contiguous, so it included the Maple Street area. Kuecker showed photographs of Maple Street, which is a street of ranch-style one and two-story buildings. She said the area is an eclectic post-World War II street. Bunting Eubanks asked why the street was designated non-historic. Kuecker answered that the street was developed in the SOs and 60s, and when the area was nominated, none of the structures was more than 50 years old. Bunting Eubanks asked if the Commission should treat this as a historic home, because it is now of an age where it could classify. Kuecker replied that typically the Commission, when looking at additions on non-historic homes, makes sure the addition is compatible with the home and makes sure it won't detract from the other homes in the neighborhood and to the rear of the property, if possible. She said she feels the Commission should look at these homes on Maple Street as non-historic homes, even though they may be over 50 years old now. Kuecker said they are not of a style that is the same as the rest of the properties within the Longfellow Neighborhood. Bunting Eubanks asked the owners if they plan to go up or out with the addition. Suzanne Bradley said they had discussed it both ways. Jason Bradley said they love the neighborhood and their location. He said the house was meant to be a starter home, so that at this point, they have exceeded the space and will either have to move or do something with the property. Jason Bradley said that ideally, they would like to go over to the side and then back, where the driveway is. He said it would be kind of an L shape. McMahon said that to make this area of houses historic would make it a sore thumb in the neighborhood. He said it is obviously a ranch and will always look like one, and the owners need to expand. Suzanne Bradley said they are trying to get a clearer idea of what their parameters are. Michaud asked how many feet there are to work with from the east wall to the property line. Jason Bradley said that it is about 22 feet. Suzanne Bradley said she left five or six feet as a buffer. Bunting Eubanks said the thing is to be compatible with the neighborhood. Jason Bradley said his goal is to find out if they should bother to go forward with their plans and design. The consensus of the Commission was that the Bradleys should go forward with their plans. Suzanne Bradley said that they would like to go up at least a half story if not two stories on the addition part. Bunting Eubanks said that if this is not in an area of historic homes, the Commission is not as worried, just as long as it doesn't dwarf the neighbors. Suzanne Bradley said she would not want this look like some giant building. Historic Preservation Commission April 8, 2010 Page 4 Kennedy said what he is talking about is trying to go a story and one half or two stories, and because of the natural slope of the back yard, possibly extending the basement into a walkout. Kuecker said the owners are also interested in finding out if it would be okay to raise the roof on the current house, if it goes to two stories, and if it is okay if the addition is one story or two stories. She said those are the sorts of parameters the owners are interested in clarifying. Bunting Eubanks asked Commission members if it is okay for the owners to raise the roof or change the pitch of the roof. Michaud said she feels the pitch is a defming characteristic, and increasing it would not look right on the house. She asked how many square feet the owners want to end up with. Suzanne Bradley said they would like to have 1,800 to 2,000 square feet, and the house currently has about 800. She said the yard is very big. Suzanne Bradley asked about the possibility of a drive-under garage. Jason Bradley said they have limited building space, and they have never had a garage so it would be nice to have a place to store their car. There was no objection by Commission members to this. Suzanne Bradley asked, if they do the addition and use reclaimed lumber of some sort, would it be possible to match them to the addition so that there would be some cohesion. Bunting Eubanks said that would be advisable. Michaud suggested fiber cement board, which she said would hold paint a lot longer than siding. Suzanne Bradley asked, if the foundation line that is sometimes stone or brick, would it be possible to put that around the other. She said that the other is cinderblock. Bunting Eubanks said she thinks that would make it look nicer. McMahon said the bottom line is that the Commission would only object if it is too big and sticks out in some way. DISCUSSION OF THE HISTORIC PRESERVATION GUIDELINES: Kuecker said that the final draft is finished. She said that Baker has volunteered to review it for grammatical and punctuation errors. Kuecker said that the formal process for adopting the guidelines is somewhat vague. She stated that the Commission votes on the guidelines, and then the City Council votes on the guidelines, but there is often little public discussion. Kuecker said one of the criticisms she has heard is that no one knows what is in the guidelines or is allowed public comment. She suggested therefore sending out a letter to all the property owners with properties in the historic and conservation districts for review of the final draft, inviting public comment, and then having a formal public hearing about the guidelines at the Commission's next meeting. Kuecker said the Commission would then make a recommendation to the City Council to adopt the guidelines. Kuecker said the letter would reference the draft guidelines on the website and note that a copy would be .available at City Hall for review. The consensus of the Commission was to follow the procedure as recommended by Kuecker. Bunting Eubanks asked Kuecker to briefly discuss energy efficiency at the presentation she would give at the Commission's public hearing. Kuecker said she was planning to have a short, 15-minute presentation about what has changed in the guidelines, how they are more user-friendly, how more things do not have to come before the Commission, and referring to the helpful tips within the guidelines. Historic Preservation Commission Apri18, 2010 Page 5 CONSIDERATION OF THE MINUTES FOR FEBRUARY 11, 2010. MOTION: McMahon moved to approve the minutes of the Historic Preservation Commission's February 11, 2010 meeting. Baker seconded the motion. The motion carried on a vote of 9-0 (Downing and Swaim absent). ELECTION OF OFFICERS: Trimble was elected Chair of the Commission by acclamation, and McMahon was elected Vice Chair by acclamation. OTHER: Kuecker said that on May 8, Friends of Historic Preservation, the Historic Preservation Commission, the Center on Sustainable Communities, and ECO Iowa City will be hosting Bob Yapp to hold a session at the Public Library on restoring windows. Kuecker said she would send out more information as the date nears. ADJOURNMENT: The meeting was adjourned at 6:51 p.m. Minutes submitted by Anne Schulte Z O N O z O Q W N W a U O H N 2 0 O v w w U Z Q D Z W H a x x x x x x x o x x x M ~ Z Z Z Z Z Z Z Z Z Z Z o x o x o x x x o o x N o x x x x x x x x x r ~ o d M ~ N M ~ .-- N O N •- M N W r r r r r r r r ~- r r ~- O O O O O O O O O O O O N N N N N N N N N N N N ~ M M M M M M M M M M M M W H N ~ a ~ o Y Y = J Z Q Q W J Q U ~ ~ ~ W J d ~ Z Q LL Z O ~ w ~ N Z ~ ~ C9 Z i ~ O u ~ ~ ~ Z Z = Q O ~ Q m Z a ~ Y ~ Y ~ O 0 v V O ~ 2 ~ Q z a m m o w ~ ~ a ~ ~ ~ 3 0 0 N 0 ~d ~ o ~Z ~ X ~~ ~ ~ N c ~ ~ ~~N~c~ ~~~ ~~QZ o ~ Q u n Z ii ii w ~ u XOOZ W Y