HomeMy WebLinkAbout2013-06-13 Info PacketVVI laft �' CITY COUNCIL INFORMATION PACKET -uv
CITY OF IOWA CITY
www.icgov.org June 13, 2013
IN Council Tentative Meeting Schedule
JUNE 18 WORK SESSION
IP2 Work Session Agenda
IP3 Memo from City Clerk: KXIC Radio Show
IN Pending Work Session Topics
MISCELLANEOUS
IP5 Memo from Admin. Asst. to the City Manager: Strategic Planning / Community Survey —
Two Year Update
IP6 Article from City Manager: Iowa City Bookstore Prairie Lights Thrives Despite Kindle
IP7 Article from City Manager: Local Area Unemployment Statistics
IP8 Article from City Manager: Register Editorial - Iowa needs to talk about juvenile crime
stats
IP9 Report from Tom Stanberry and Kate Carlucci: 2013 Lobbying Report
IP10 Copy of email from John Kastl to Council Member Dickens: Smoking Enforcement at the
Ped Mall
I1311 Police Department Bar Check Report— May 2013
IP12 Invitation: Fairmeadows Splash Pad Grand Opening
IP13 Economic Development Committee Minutes —April 17
IP14 Criminal Justice Coordinating Committee Minutes — May 1
DRAFT MINUTES
IP15 Board of Adjustment: May 8
IP16 Historic Preservation Commission: May 9
IP17 Human Rights Commission: May 21
IN
�'- - City Council Tentative Meeting Schedule
Subject to change June 13, 2013
CITY OF IOWA CITY
Date Time Meeting Location
WIT IP
Tuesday, June 18, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
III) ,Ix=ru 4i ii iW"a,;f "qli �t r" ��'k a?„• .r
Tuesday, July16, 2013 4:00 PM Spec. Formal /Execs� . Session /Evaluation Emma J. Harvat Hall
40 44.i ' FF
Tuesday, July 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Special Formal Meeting ii Emma
J. Harvat Hall
. n 9 " '6 7u
'
II
Tuesday, August 6, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
Tuesday, August 20, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
Tuesday, September 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
Iii) F 'iry!
Tuesday, September 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
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Tuesday, October 1, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
1200
J 111
Tuesday, October 15, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
..i ;
Tuesday, November 12, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Special Formal Meeting Emma J. Harvat Hall
2,
Tuesday, November 26, 2013 Noon -6PM Strategic Planning TBA
Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall
7:00 PM Formal Meeting Emma J. Harvat Hall
CITY OF IOWA CITY
410 East Washington Street
Iowa Ctty, Iowa S2240 -1826
(3 19) 3S6 -S000
(3 19) 3S6 -S0U9 FAX
www.kgov.org
City Council Work Session Agenda
June 18, 2013
5:00 PM
Emma J. Harvat Hall - City Hall
410 E. Washington Street
• Questions from Council re Agenda Items
• Council Appointments [ #19 ]
• Staff recommendations on Ad Hoc Diversity Committee Report implementation [ #14, 15]
• Information Packet Discussion [June 6, 13]
• Council Time
■ Meeting Schedule [IP # 3]
■ Pending Work Session Topics [IP # 4]
• Upcoming Community Events /Council Invitations
�. r_ CITY OF IOWA CITY IP3
' MU
MEMORANDUM
Date: June 13, 2013
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: KXIC Radio Show
KXIC offers a City show at 9:00 AM every Wednesday morning. In the past Council has
volunteered for dates, and staff filled in as necessary. Please take a look at your calendars and
come prepared to help fill in the schedule at your work session on June 18:
June 19 - Dickens
June 26 -
July 3 -
July 10 - Dobyns
July 17 -
July 24 -
Future commitments:
August 14 - Dobyns
September 18 - Dobyns
November 27 - Dobyns
U: radioshowasking.doc
� r
CITY OF IOWA CITY
PENDING CITY COUNCIL WORK SESSION TOPICS
June 13, 2013
Pending Topics to be Scheduled
1. Discuss concept of a community business attraction and anti- piracy compact
2. Continue the discussion on the sale or dispersion of public housing units
3. Presentation on the Gateway project design options (tentatively scheduled for August
6th)
4. Discuss large assembly event permit fees
5. Review of the Iowa City Succession Plan document
6. Discussion on Gilbert/Highland/Kirkwood neighborhood concerns
CITY OF IOWA CITY IP5
MEMORANDUM
Date: June 10, 2013
To: Tom Markus, City Manager
From: Adam Bentley, Administrative Assistant to the City Manager
Re: Strategic Planning /Community Survey -Two Year Update
Introduction:
In 2010, the community, city staff, and city council participated in a strategic planning process
facilitated by Jeff Schott with the Institute of Public Affairs. The process led to the city's strategic
plan which has guided staff on community issues. The strategic plan is scheduled to be
reviewed and updated bi- annually. The city has scheduled a strategic planning session with
council in November. Those invited to participate in the process will be current council
members and those elected post the 2013 November elections.
History /Background:
The city continues to operate at the guidance of the strategic plan. The plan outlines strategic
initiatives and priorities set by the city council. The plan was developed through the use of
focus groups (members of city staff and city council) and a community survey that served as the
public's participation in the process.
The City is beginning to plan for the strategic plan annual update which will be held in
November 2013. The update is intended to review the current strategic plan, receive comments
from the public, and solicit council input regarding the plan. After researching various survey
tools, City staff intends to contract with the National Research Center (NRC) out of Boulder
Colorado for their National Citizen Survey (NCS). The NCS tool is known to be a broad survey
instrument incorporating various questions relating to city services and quality of life concerns in
communities. The tool also allows communities to ask custom questions relating to any topic in
the survey.
The tool is affiliated with the International City /County Management Association and offers the
ability to compare outcomes with communities that utilize the instrument throughout the United
States. It is staff's intention to begin the survey as soon as possible to ensure the data is
available by the November strategic planning session. The survey will be offered in both the
English and Spanish languages.
Financial Impact:
The cost of all components including use of the survey, mailing, and synthesizing of data is
approximately $11,750.
Recommendation:
There is no council action recommended at this time.
Iowa City Bookstore Prairie Lights Thrives Despite Kindle - Forbes
Julie Pham, Contributor
I profile businesses of all sizes and from around the world.
FORBES ASIA 16/06/2013 a 9:38AM 1 2,635 views
Page 1 of 5
From the City Manager
IP6
Iowa City Bookstore Prairie
Lights Thrives Despite Kindle
Move up Move down
Prairie Lights in Iowa City represents the very best of the increasingly rare
independent, brick - and - mortar bookstores. These vital places offer an
experience that exclusively online retailers cannot: book lovers can surround
themselves with beautiful displays of traditional print books curated to local
preference and find refuge in just being in each other's presence, even when
no words are spoken. Prairie Lights may never be able to reach masses of
http: / /www.forbes.comisites /j uliephaml2O l3 /06 /06 /iowa- city- bookstore - prairie - lights- thrive... 6/7/2013
Iowa City Bookstore Prairie Lights Thrives Despite Kindle - Forbes Page 2 of 5
people outside its South Dubuque street home but it manages to thrive
through the support of its loyal customer base that cannot imagine life
without it. The rise of online retailers and e- readers have forced independent
bookstores like Prairie Lights to position their unique consumer experience
more clearly than ever before
Prairie Lights is not your average local bookstore. It regularly attracts
internationally renowned writers, many of whom find their way there because
of its proximity to the University of Iowa, home of the famous Iowa Writers'
Workshop. It hosts live readings, which are streamed live through the internet
in a unique literary series, "Live from Prairie Lights." The series was
broadcast live on WSUI, the local NPR affiliate, between 1990 and 2008,
when programming cuts made it unaffordable. President Obama even chose
to visit the bookstore in 2010.
Its national reputation stems from its ability to draw upon its regional
strengths.
Prairie Lights' poet owners
A pair of poets, Jan Weissmiller and Jane Mead, own Prairie Lights. Neither
had ever intended to become business owners. Mead lives in northern
California, overseeing her family's ranch, while Weissmiller mans the
everyday operation of the store. Weissmiller was the first employee of the
original owner, Jim Harris, who hired her a few months after opening the
store in 1978. The then 23- year -old University of Iowa graduate student went
to Prairie Lights to pick up a book and Harris convinced her to work there.
"He had red hair and my hair was redder back then, so we had a connection.
There was a sense of being siblings," said Weissmiller, who is now an ash
blonde.
As an employee, Weissmiller said, "I had a lot of time to daydream and write
when there were no customers. I'd get these books and I would read and read
and it would have a huge impact on what I'd write. I'd get in the corner with
my book, read and then read some more."
Weissmiller never thought she would own Prairie Lights herself. Harris first
offered to sell the bookstore to her in 2005 and she said no. He then
approached her friend and fellow poet, Jane Mead, who liked the idea of
partnering with Weissmiller. Because both she and Harris wanted to ensure
http:// www. forbes. comi sitesljuliephaml20l3 /06 /06 /iowa -city- bookstore - prairie - lights - thrive... 6/7/2013
Iowa City Bookstore Prairie Lights Thrives Despite Kindle - Forbes Page 3 of 5
Jan Weissmiller sitting in the poetry section with The
Princeton Encyclopedia of Poetry and Poetics, a
reference she frequently uses (photo by Julie Pham).
the continuity of Prairie Lights'
culture, she finally accepted. In
2007, the two each bought a third of
the store from Harris and in 20o8
they took over ownership
completely. Harris still orders the
mysteries and travel books and
comes in most mornings for coffee.
Preserving Prairie Lights'
culture
Weissmiller and Mead took over
Prairie Lights just before the
recession hit in 20o8. And an even
bigger challenge came in 2009, when Amazon introduced its e- reader, the
Kindle. Prairie Lights had survived competing against mega bookstores like
Barnes & Noble. But the Kindle changed how people read and posed a serious
threat to the traditional print books that Prairie Lights sells.
I live a few miles from the headquarters of Amazon, the massive online
retailer that revolutionized book selling. My boyfriend grew up within a few
miles from Prairie Lights, which is how I came to know of the bookstore.
Before working in technology, I ran a print newspaper, so I can relate to being
in an industry on the decline because of digital alternatives. Even though
print newspapers and bookstores are quite different, their existence both
depends on creating a valuable experience tailored for a local market. Prairie
Lights does just that for its patrons.
The bookstore's continued success has much to do with its extensive event
programming for patrons of all ages. One whole floor of the three -story
building is dedicated to childrens' books. Some live readings are so popular,
listeners must sit on the floor. The store also draws customers through its
carefully selected the books, often displayed with staff recommendations.
One change Prairie Lights made to increase revenue was to take over the Java
House, a local cafe chain that had been renting a space inside Prairie Lights.
People like to be surrounded by books while they talk and drink coffee.
Writers can often be seen drafting manuscripts there. Now the cafe makes up
http:// www. forbes. comi sitesljuliephaml20l3 /06 /06liowa -city- bookstore - prairie - lights - thrive... 6/7/2013
Iowa City Bookstore Prairie Lights Thrives Despite Kindle - Forbes Page 4 of 5
10% of the bookstore's total revenue and helps compensate for losses in
recent years on the book selling side. Previous to 2010, the cafe revenue went
to The Java House.
Prairie Lights' fans even write inspired reviews on Yelp:
GL "If I was going to die and then come back to life as a bookstore, I'd absolutely want to be
Prairie Lights (or Powells, which is also muy dope). Small but in that tender way, like a
mcnugget made of gold paper. ...I highly advise taking a lady to this little mcnugget. It has
all the makings of a love nest: books, wine, funny looking man with flailing arms. Okay the
last part won't exactly help you attain the sweet velvet cake of your companion. But I'm
sayin. You gotta love it. A bookstore with a soul. I can dig. Oh, I can dig." (Chilly R, Iowa
City)
"The day that Prairie Lights goes out of business will officially mark the final death of the
printed book and every last thing that is good in the world. I hope I never live to see it ... Put
away your kindles and keep giving this treasure of a local bookstore your business. Also,
take advantage of the incredible line -up of amazing, world -class writers that give readings
here virtually every night of the week." (C.M. Washington, DC)
"Almost all of my best memories of Iowa revolve, in some significant way, around Prairie
Lights." (Holden B., Atlanta, GA)
Along with a loyal fan base, Prairie Lights benefits from loyal employees.
About fifteen of the 35 employees have worked at Prairie Lights for over
twenty years.
As I sat with Weissmiller that day in the cafe, she pointed to a young couple at
another table who love Prairie Lights so much tha got married in the
bookstore the week before. Denise, a poet, and Josh, a philosophy student,
both work at Prairie Lights.
Prairie Lights' Future
As with entire the industry of
traditional bookstores, Prairie
Lights continues to face many
challenges as customers' demands
and needs change.
"The hardest part is how fast the
business is changing. No one knows
what will happen with e- books.
http:// www. forbes. coml sitesljuliephaml20l3 /06 /06liowa -city- bookstore - prairie - lights - thrive... 6/712013
Iowa City Bookstore Prairie Lights Thrives Despite Kindle - Forbes Page 5 of 5
Josh and Denise Jarrott got married at Prairie Lights Thirty-five percent of people have e-
on December 22. Josh is a philosophy student who readers. Kids are being trained to
works in the cafe. Denise is a poet who works in the g
bookstore. (photo courtesy of read on them," said Weissmiller.
twitter.com /prai rie_lig hts)
When asked about her future at
Prairie Lights, the poet- cum - entrepreneur said, "I'm 57 and I have to figure
out what the future of the store will be. It feels like an unstable time in
bookselling but also an opportunity. Jane and I want to make changes that
both stabilize the business and create continuity."
Other ventures the two have taken on include partnering with New Bo Books
in the nearby city of Cedar Rapids and moving into publishing with the help
of The University of Iowa Press. Prairie Lights published its first two books
this spring: Sweet Will, a reprint of a 1985 collection of poems by the Pulitizer
- prize winning poet, Philip Levine, and a collection of essays on Philip Levine,
Coming Close. It reflects Prairie Lights' commitment to showcasing
literature, particularly as it relates to the storied Iowa Writers' Workshop.
Does she ever miss just being an employee rather than an owner? She said, "I
miss having the time to shelve the poetry section myself."
This article is available online at:
http: / /www.forbes.com /sites /iuliepham /2013 /06/06 /iowa -city- bookstore - prairie- lights-
thrives- despite - kindle/
http:// www. forbes.com/sitesljuliephaml20l3 /06/06 /iowa -city- bookstore - prairie - lights - thrive... 6/7/2013
L,
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Unemployment Rates for Metropolitan Areas
Unemployment Rates for Metropolitan Areas
Monthly Rankings
Not Seasonally Adjusted
Apr. 2013P
Rank
Metropolitan Area
Rate
United States
7.1
1
Midland, TX Metropolitan Statistical Area
3.0
2
Bismarck, ND Metropolitan Statistical Area
3.1
2
Iowa City, IA Metropolitan Statistical Area
3.1
4
Ames, IA Metropolitan Statistical Area
3.2
5
Lincoln, NE Metropolitan Statistical Area
3.4
6
Burlington -South Burlington, VT Metropolitan NECTA
3.5
6
Sioux Falls, SO Metropolitan Statistical Area
3.5
8
Logan, UT -ID Metropolitan Statistical Area
3.6
9
Odessa, TX Metropolitan Statistical Area
3.7
10
Billings, MT Metropolitan Statistical Area
3.9
10
Fargo, ND -MN Metropolitan Statistical Area
3.9
10
Honolulu, HI Metropolitan Statistical Area
3.9
13
Omaha - Council Bluffs, NE -IA Metropolitan Statistical Area
4.0
14
Charlottesville, VA Metropolitan Statistical Area
4.1
14
Oklahoma City, OK Metropolitan Statistical Area
4.1
16
Rapid City, SD Metropolitan Statistical Area
4.2
16
Salt Lake City, UT Metropolitan Statistical Area
4.2
18
Casper, WY Metropolitan Statistical Area
4.3
18
Mankato -North Mankato, MN Metropolitan Statistical Area
4.3
18
Provo -Orem, UT Metropolitan Statistical Area
4.3
21
Amarillo, TX Metropolitan Statistical Area
4.4
21
Columbia, MO Metropolitan Statistical Area
4.4
21
Grand Forks, ND -MN Metropolitan Statistical Area
4.4
21
Houma -Bayou Cane - Thibodaux, LA Metropolitan Statistical Area
4.4
21
Waterloo -Cedar Falls, IA Metropolitan Statistical Area
4.4
26
Des Moines -West Des Moines, IA Metropolitan Statistical Area
4.5
26
Ogden - Clearfield, UT Metropolitan Statistical Area
4.5
26
Portsmouth, NH -ME Metropolitan NECTA
4.5
http: / /www.bls.gov /web /metro/laummtrk.htm[6 /13/2013 10:57:55 AM]
Unemployment Rates for Metropolitan Areas
29
Crestview -Fort Walton Beach - Destin, FL Metropolitan Statistical Area
4.6
29
Harrisonburg, VA Metropolitan Statistical Area
4.6
29
Lafayette, LA Metropolitan Statistical Area
4.6
29
Morgantown, WV Metropolitan Statistical Area
4.6
29
Rochester, MN Metropolitan Statistical Area
4.6
29
Sioux City, IA -NE -SD Metropolitan Statistical Area
4.6
35
Dubuque, IA Metropolitan Statistical Area
4.7
35
Tulsa, OK Metropolitan Statistical Area
4.7
37
Abilene, TX Metropolitan Statistical Area
4.8
37
Cedar Rapids, IA Metropolitan Statistical Area
4.8
37 j
Ithaca, NY Metropolitan Statistical Area
4.8
37
Lubbock, TX Metropolitan Statistical Area
4.8
37
Manhattan, KS Metropolitan Statistical Area
4.8
42
Auburn - Opelika, AL Metropolitan Statistical Area
4.9
42
Gainesville, FL Metropolitan Statistical Area
4.9
42
Manchester, NH Metropolitan NECTA
4.9
42
Minneapolis -St. Paul- Bloomington, MN -WI Metropolitan Statistical Area
4.9
42
Rochester- Dover, NH -ME Metropolitan NECTA
4.9
42
Santa Fe, NM Metropolitan Statistical Area
4.9
42
Winchester, VA -WV Metropolitan Statistical Area
4.9
49
j College Station -Bryan, TX Metropolitan Statistical Area
5.0
49
Great Falls, MT Metropolitan Statistical Area
5.0
49
Lawrence, KS Metropolitan Statistical Area
5.0
49
San Angelo, TX Metropolitan Statistical Area
5.0
49
Washington - Arlington - Alexandria, DC- VA -MD -WV Metropolitan Statistical Area
5.0
54
Ann Arbor, MI Metropolitan Statistical Area
5.1
54
Austin -Round Rock -San Marcos, TX Metropolitan Statistical Area
5.1
54
Boulder, CO Metropolitan Statistical Area
5.1
54
Cheyenne, WY Metropolitan Statistical Area
5.1
54
Fayetteville - Springdale- Rogers, AR -MO Metropolitan Statistical Area
5.1
54
St. George, UT Metropolitan Statistical Area
5.1
54
St. Joseph, MO -KS Metropolitan Statistical Area
5.1
54
Victoria, TX Metropolitan Statistical Area
5.1
62
Birmingham- Hoover, AL Metropolitan Statistical Area
5.2
62
Blacksburg -Christiansburg -Radford, VA Metropolitan Statistical Area
5.2
62
Huntsville, AL Metropolitan Statistical Area
5.2
62
Jefferson City, MO Metropolitan Statistical Area
5.2
62
Madison, WI Metropolitan Statistical Area
5.2
62
Missoula, MT Metropolitan Statistical Area
5.2
62
j Seattle- Tacoma - Bellevue, WA Metropolitan Statistical Area
5.2
69
Roanoke, VA Metropolitan Statistical Area
5.3
70
Anchorage, AK Metropolitan Statistical Area
5.4
70
Idaho Falls, ID Metropolitan Statistical Area
5.4
70
Joplin, MO Metropolitan Statistical Area
5.4
70
Longview, TX Metropolitan Statistical Area
5.4
70
Richmond, VA Metropolitan Statistical Area
5.4
http: / /www.bls.gov /web /metro/laummtrk.htm[6 /13/2013 10:57:55 AM]
Unemployment Rates for Metropolitan Areas
70 1
Springfield, MO Metropolitan Statistical Area
5.4
70
State College, PA Metropolitan Statistical Area •
5.4
70
Virginia Beach - Norfolk- Newport News, VA -NC Metropolitan Statistical Area
5.4
78
Corvallis, OR Metropolitan Statistical Area
5.5
78
Fairbanks, AK Metropolitan Statistical Area
5.5
78
Florence - Muscle Shoals, AL Metropolitan Statistical Area
5.5
78
Fort Collins - Loveland, CO Metropolitan Statistical Area
5.5
78
La Crosse, WI -MN Metropolitan Statistical Area
5.5
78
Lawton, OK Metropolitan Statistical Area
5.5
84
Athens - Clarke County, GA Metropolitan Statistical Area
5.6
84
Lake Charles, LA Metropolitan Statistical Area
5.6
84
Lynchburg, VA Metropolitan Statistical Area
5.6
84
Tallahassee, FL Metropolitan Statistical Area
5.6
84
Tuscaloosa, AL Metropolitan Statistical Area
5.6
89
j Boston- Cambridge - Quincy, MA -NH Metropolitan NECTA
5.7
89
Columbus, OH Metropolitan Statistical Area
5.7
89
Corpus Christi, TX Metropolitan Statistical Area
5.7
89
Lewiston, ID -WA Metropolitan Statistical Area
5.7
89
Portland -South Portland- Biddeford, ME Metropolitan NECTA
5.7
89
Wichita Falls, TX Metropolitan Statistical Area
5.7
95
Bloomington - Normal, IL Metropolitan Statistical Area
5.8
95
Boise City- Nampa, ID Metropolitan Statistical Area
5.8
95
Decatur, AL Metropolitan Statistical Area
5.8
95
Dothan, AL Metropolitan Statistical Area
5.8
95
Farmington, NM Metropolitan Statistical Area
5.8
95
St. Cloud, MN Metropolitan Statistical Area
5.8
95
Waco, TX Metropolitan Statistical Area
5.8
102
j Baton Rouge, LA Metropolitan Statistical Area
5.9
102
Cape Girardeau - Jackson, MO -IL Metropolitan Statistical Area
5.9
102
Grand Rapids - Wyoming, MI Metropolitan Statistical Area
5.9
102
Holland -Grand Haven, MI Metropolitan Statistical Area
5.9
102
Houston -Sugar Land - Baytown, TX Metropolitan Statistical Area
5.9
102
j Lancaster, PA Metropolitan Statistical Area
5.9
102
Lebanon, PA Metropolitan Statistical Area
5.9
102
Napa, CA Metropolitan Statistical Area
5.9
102
San Antonio -New Braunfels, TX Metropolitan Statistical Area
5.9
111
Charleston -North Charleston- Summerville, SC Metropolitan Statistical Area
6.0
111
Dallas -Fort Worth - Arlington, TX Metropolitan Statistical Area
6.0
111
Greenville - Mauldin - Easley, SC Metropolitan Statistical Area
6.0
111
Lexington - Fayette, KY Metropolitan Statistical Area
6.0
111
Naples -Marco Island, FL Metropolitan Statistical Area
6.0
111
Santa Barbara -Santa Maria - Goleta, CA Metropolitan Statistical Area
6.0
111
Topeka, KS Metropolitan Statistical Area
6.0
111
Wichita, KS Metropolitan Statistical Area
6.0
119
Columbus, IN Metropolitan Statistical Area
6.1
119
Gadsden, AL Metropolitan Statistical Area
6.1
http: / /www.bis.gov /web /metroAaummtrk.htm[6 /13/2013 10:57:55 AM]
Unemployment Rates for Metropolitan Areas
119 1
Kansas City, MO -KS Metropolitan Statistical Area
6.1
1.19
Montgomery, AL Metropolitan Statistical Area
•6.1
119
San Luis Obispo -Paso Robles, CA Metropolitan Statistical Area
6.1
124
Alexandria, LA Metropolitan Statistical Area
6.2
124
Charleston, WV Metropolitan Statistical Area
6.2
124
Danbury, CT Metropolitan NECTA
6.2
124
Davenport - Moline -Rock Island, IA -IL Metropolitan Statistical Area
6.2
124
Little Rock -North Little Rock - Conway, AR Metropolitan Statistical Area
6.2
124
New Orleans- Metairie - Kenner, LA Metropolitan Statistical Area
6.2
124
j Owensboro, KY Metropolitan Statistical Area
6.2
124
Panama City-Lynn Haven - Panama City Beach, FL Metropolitan Statistical Area
6.2
124
Pensacola -Ferry Pass - Brent, FL Metropolitan Statistical Area
6.2
124
San Francisco - Oakland- Fremont, CA Metropolitan Statistical Area
6.2
124
Tyler, TX Metropolitan Statistical Area
6.2
135
j Durham - Chapel Hill, NC Metropolitan Statistical Area
6.3
135
Jacksonville, FL Metropolitan Statistical Area
6.3
137
Akron, OH Metropolitan Statistical Area
6.4
137
Albuquerque, NM Metropolitan Statistical Area
6.4
137
Harrisburg - Carlisle, PA Metropolitan Statistical Area
6.4
137
Jackson, MS Metropolitan Statistical Area
6.4
137
Nashville- Davidson -- Murfreesboro -- Franklin, TN Metropolitan Statistical Area
6.4
137
Orlando- Kissimmee - Sanford, FL Metropolitan Statistical Area
6.4
137
Pittsburgh, PA Metropolitan Statistical Area
6.4
137
Springfield, IL Metropolitan Statistical Area
6.4
145
Albany - Schenectady -Troy, NY Metropolitan Statistical Area
6.5
145
Altoona, PA Metropolitan Statistical Area
6.5
145
Anniston - Oxford, AL Metropolitan Statistical Area
6.5
145
Cincinnati - Middletown, OH -KY -IN Metropolitan Statistical Area
6.5
145
Columbia, SC Metropolitan Statistical Area
6.5
145
Jonesboro, AR Metropolitan Statistical Area
6.5
145
North Port- Bradenton - Sarasota, FL Metropolitan Statistical Area
6.5
145
Oshkosh - Neenah, WI Metropolitan Statistical Area
6.5
145
Parkersburg- Marietta - Vienna, WV -OH Metropolitan Statistical Area
6.5
145
Santa Rosa - Petaluma, CA Metropolitan Statistical Area
6.5
145
Sheboygan, WI Metropolitan Statistical Area
6.5
156
Asheville, NC Metropolitan Statistical Area
6.6
156
Bangor, ME Metropolitan NECTA
6.6
156
Battle Creek, MI Metropolitan Statistical Area
6.6
156
Champaign- Urbana, IL Metropolitan Statistical Area
6.6
156
Cleveland - Elyria- Mentor, OH Metropolitan Statistical Area
6.6
156
Duluth, MN -WI Metropolitan Statistical Area
6.6
156
Eau Claire, WI Metropolitan Statistical Area
6.6
156
Laredo, TX Metropolitan Statistical Area
6.6
156
Phoenix - Mesa - Glendale, AZ Metropolitan Statistical Area
6.6
156
San Jose - Sunnyvale -Santa Clara, CA Metropolitan Statistical Area
6.6
156
Shreveport- Bossier City, LA Metropolitan Statistical Area
6.6
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Unemployment Rates for Metropolitan Areas
167 1
Appleton, WI Metropolitan Statistical Area
6.7
167
Baltimore - Towson, MD Metropolitan Statistical Area
6.7
167
Cape Coral -Fort Myers, FL Metropolitan Statistical Area
6.7
167
Denver - Aurora - Broomfield, CO Metropolitan Statistical Area
6.7
167
Green Bay, WI Metropolitan Statistical Area
6.7
167
Kalamazoo - Portage, MI Metropolitan Statistical Area
6.7
167
Knoxville, TN Metropolitan Statistical Area
6.7
167
Lewiston- Auburn, ME Metropolitan NECTA
6.7
167
Monroe, LA Metropolitan Statistical Area
6.7
167
j Pocatello, ID Metropolitan Statistical Area
6.7
167
Punta Gorda, FL Metropolitan Statistical Area
6.7
167
Sherman - Denison, TX Metropolitan Statistical Area
6.7
167
Springfield, OH Metropolitan Statistical Area
6.7
167
St. Louis, MO -IL Metropolitan Statistical Areal
6.7
167
Tampa -St. Petersburg - Clearwater, FL Metropolitan Statistical Area
6.7
167
Texarkana, TX- Texarkana, AR Metropolitan Statistical Area
6.7
167
Tucson, AZ Metropolitan Statistical Area
6.7
167
Warner Robins, GA Metropolitan Statistical Area
6.7
185
Anderson, SC Metropolitan Statistical Area
6.8
185
Barnstable Town, MA Metropolitan NECTA
6.8
185
Bremerton- Silverdale, WA Metropolitan Statistical Area
6.8
185
Deltona- Daytona Beach - Ormond Beach, FL Metropolitan Statistical Area
6.8
185
j Evansville, IN -KY Metropolitan Statistical Area
6.8
185
Fond du Lac, WI Metropolitan Statistical Area
6.8
185
Huntington - Ashland, WV -KY -OH Metropolitan Statistical Area
6.8
185
Lafayette, IN Metropolitan Statistical Area
6.8
185
Raleigh -Cary, NC Metropolitan Statistical Area
6.8
185
Trenton - Ewing, NJ Metropolitan Statistical Area
6.8
195
Bellingham, WA Metropolitan Statistical Area
6.9
195
Bowling Green, KY Metropolitan Statistical Area
6.9
195
Gainesville, GA Metropolitan Statistical Area
6.9
195
Hattiesburg, MS Metropolitan Statistical Area
6.9
195
Killeen - Temple -Fort Hood, TX Metropolitan Statistical Area
6.9
195
Oxnard - Thousand Oaks- Ventura, CA Metropolitan Statistical Area
6.9
195
Pittsfield, MA Metropolitan NECTA
6.9
195
Wheeling, WV -OH Metropolitan Statistical Area
6.9
195
York - Hanover, PA Metropolitan Statistical Area
6.9
204
Canton - Massillon, OH Metropolitan Statistical Area
7.0
204
Dayton, OH Metropolitan Statistical Area
7.0
204
Elizabethtown, KY Metropolitan Statistical Area
7.0
204
Lansing -East Lansing, MI Metropolitan Statistical Area
7.0
204
Mobile, AL Metropolitan Statistical Area
7.0
204
j Olympia, WA Metropolitan Statistical Area
7.0
204
Poughkeepsie- Newburgh - Middletown, NY Metropolitan Statistical Area
7.0
204
San Diego - Carlsbad -San Marcos, CA Metropolitan Statistical Area
7.0
204
Sandusky, OH Metropolitan Statistical Area
7.0
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Unemployment Rates for Metropolitan Areas
204
Worcester, MA -CT Metropolitan NECTA
7.0
214
Hagerstown - Martinsburg, MD -WV Metropolitan Statistical Area
7.1
214
Hot Springs, AR Metropolitan Statistical Area
7.1
214
Kingsport- Bristol - Bristol, TN -VA Metropolitan Statistical Area
7.1
214
Las Cruces, NM Metropolitan Statistical Area
7.1
214
Portland- Vancouver - Hillsboro, OR -WA Metropolitan Statistical Area
7.1
214
Savannah, GA Metropolitan Statistical Area
7.1
220
Erie, PA Metropolitan Statistical Area
7.2
220
Fort Smith, AR -OK Metropolitan Statistical Area
7.2
220
Miami -Fort Lauderdale- Pompano Beach, FL Metropolitan Statistical Area
7.2
220
Rochester, NY Metropolitan Statistical Area
7.2
224
Bloomington, IN Metropolitan Statistical Area
7.3
224
Bridgeport- Stamford - Norwalk, CT Metropolitan NECTA
7.3
224
Coeur d'Alene, ID Metropolitan Statistical Area
7.3
224
j Cumberland, MD -WV Metropolitan Statistical Area
7.3
224
Dover, DE Metropolitan Statistical Area
7.3
224
Monroe, MI Metropolitan Statistical Area
7.3
224
Palm Bay - Melbourne - Titusville, FL Metropolitan Statistical Area
7.3
224
Reading, PA Metropolitan Statistical Area
7.3
224
Spartanburg, SC Metropolitan Statistical Area
7.3
224
Valdosta, GA Metropolitan Statistical Area
7.3
234
Chattanooga, TN -GA Metropolitan Statistical Area
7.4
234
Danville, VA Metropolitan Statistical Area
7.4
234
Indianapolis - Carmel, IN Metropolitan Statistical Area
7.4
234
jJohnson City, TN Metropolitan Statistical Area
7.4
234
Lakeland - Winter Haven, FL Metropolitan Statistical Area
7.4
234
Lima, OH Metropolitan Statistical Area
7.4
234
Louisville - Jefferson County, KY -IN Metropolitan Statistical Area
7.4
234
Wausau, WI Metropolitan Statistical Area
7.4
242
j Cleveland, TN Metropolitan Statistical Area
7.5
242
Greeley, CO Metropolitan Statistical Area
7.5
242
Milwaukee - Waukesha -West Allis, WI Metropolitan Statistical Area
7.5
242
New York - Northern New Jersey -Long Island, NY -NJ -PA Metropolitan Statistical Area
7.5
242
Ocala, FL Metropolitan Statistical Area
7.5
242
Springfield, MA -CT Metropolitan NECTA
7.5
248
Allentown - Bethlehem - Easton, PA -NJ Metropolitan Statistical Area
7.6
248
Atlanta -Sandy Springs- Marietta, GA Metropolitan Statistical Area
7.6
248
Augusta- Richmond County, GA -SC Metropolitan Statistical Area
7.6
248
Eugene - Springfield, OR Metropolitan Statistical Area
7.6
248
Fort Wayne, IN Metropolitan Statistical Area
7.6
248
Williamsport, PA Metropolitan Statistical Area
7.6
254
Buffalo- Niagara Falls, NY Metropolitan Statistical Area
7.7
254
Flagstaff, AZ Metropolitan Statistical Area
7.7
254
Gulfport- Biloxi, MS Metropolitan Statistical Area
7.7
254
Kingston, NY Metropolitan Statistical Area
7.7
254
Philadelphia- Camden - Wilmington, PA- NJ -DE -MD Metropolitan Statistical Area
7.7
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Unemployment Rates for Metropolitan Areas
254
1 Spokane, WA Metropolitan Statistical Area
7.7
254
Syracuse, NY Metropolitan Statistical Area
7.7
254
Toledo, OH Metropolitan Statistical Area
7.7
254
Wenatchee -East Wenatchee, WA Metropolitan Statistical Area
7.7
254
Youngstown- Warren- Boardman, OH -PA Metropolitan Statistical Area
7.7
264
Binghamton, NY Metropolitan Statistical Area
7.8
264
Glens Falls, NY Metropolitan Statistical Area
7.8
264
Hartford -West Hartford -East Hartford, CT Metropolitan NECTA
7.8
264
Jacksonville, NC Metropolitan Statistical Area
7.8
264
j Mansfield, OH Metropolitan Statistical Area
7.8
269
Columbus, GA -AL Metropolitan Statistical Area
7.9
269
Jackson, MI Metropolitan Statistical Area
7.9
269
Peoria, IL Metropolitan Statistical Area
7.9
272
Norwich -New London, CT -RI Metropolitan NECTA
8.0
272
Winston - Salem, NC Metropolitan Statistical Area
8.0
274
j Colorado Springs, CO Metropolitan Statistical Area
8.1
274
Muskegon -Norton Shores, MI Metropolitan Statistical Area
8.1
274
Myrtle Beach -North Myrtle Beach - Conway, SC Metropolitan Statistical Area
8.1
274
New Haven, CT Metropolitan NECTA
8.1
274
Prescott, AZ Metropolitan Statistical Area
8.1
274
Sebastian -Vero Beach, FL Metropolitan Statistical Area
8.1
274
Vallejo - Fairfield, CA Metropolitan Statistical Area
8.1
281
Elkhart- Goshen, IN Metropolitan Statistical Area
8.2
281
Grand Junction, CO Metropolitan Statistical Area
8.2
281
Jackson, TN Metropolitan Statistical Area
8.2
281
Macon, GA Metropolitan Statistical Area
8.2
281
Niles- Benton Harbor, MI Metropolitan Statistical Area
8.2
281
Port St. Lucie, FL Metropolitan Statistical Area
8.2
281
Utica -Rome, NY Metropolitan Statistical Area
8.2
288
Johnstown, PA Metropolitan Statistical Area
8.3
288
Mount Vernon- Anacortes, WA Metropolitan Statistical Area
8.3
288
Sacramento -- Arden - Arcade -- Roseville, CA Metropolitan Statistical Area
8.3
288
Saginaw- Saginaw Township North, MI Metropolitan Statistical Area
8.3
292
Charlotte- Gastonia -Rock Hill, NC -SC Metropolitan Statistical Area
8.4
292
Clarksville, TN -KY Metropolitan Statistical Area
8.4
292
Elmira, NY Metropolitan Statistical Area
8.4
292
Hinesville -Fort Stewart, GA Metropolitan Statistical Area
8.4
292
Los Angeles -Long Beach -Santa Ana, CA Metropolitan Statistical Area
8.4
292
Salem, OR Metropolitan Statistical Area
8.4
292
Sumter, SC Metropolitan Statistical Area
8.4
299
Bay City, MI Metropolitan Statistical Area
8.5
299
Florence, SC Metropolitan Statistical Area
8.5
299
Goldsboro, NC Metropolitan Statistical Area
8.5
299
Greenville, NC Metropolitan Statistical Area
8.5
299
Janesville, WI Metropolitan Statistical Area
8.5
299
Kennewick - Pasco - Richland, WA Metropolitan Statistical Area
8.5
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Unemployment Rates for Metropolitan Areas
299
Rome, GA Metropolitan Statistical Area
8.5
299
Salisbury, MD Metropolitan Statistical Area
8.5
307
Albany, GA Metropolitan Statistical Area
8.6
307
Burlington, NC Metropolitan Statistical Area
8.6
309
El Paso, TX Metropolitan Statistical Area
8.7
309
Leominster- Fitchburg- Gardner, MA Metropolitan NECTA
8.7
309
Wilmington, NC Metropolitan Statistical Area
8.7
312
Brunswick, GA Metropolitan Statistical Area
8.8
312
Flint, MI Metropolitan Statistical Area
8.8
312
Kokomo, IN Metropolitan Statistical Area
8.8
312
Muncie, IN Metropolitan Statistical Area
8.8
312
Scranton -- Wilkes- Barre, PA Metropolitan Statistical Area
8.8
317
Danville, IL Metropolitan Statistical Area
8.9
317
Detroit - Warren- Livonia, MI Metropolitan Statistical Area
8.9
317
Greensboro -High Point, NC Metropolitan Statistical Area
8.9
320
Memphis, TN -MS -AR Metropolitan Statistical Area
9.0
320
Pascagoula, MS Metropolitan Statistical Area
9.0
320
Providence -Fall River - Warwick, RI -MA Metropolitan NECTA
9.0
320
Racine, WI Metropolitan Statistical Area
9.0
324
Chicago - Joliet - Naperville, IL -IN -WI Metropolitan Statistical Area
9.1
324
South Bend - Mishawaka, IN -MI Metropolitan Statistical Area
9.1
326
Fayetteville, NC Metropolitan Statistical Area
9.2
326
j Pine Bluff, AR Metropolitan Statistical Area
9.2
326
Steubenville - Weirton, OH -WV Metropolitan Statistical Area
9.2
329
Palm Coast, FL Metropolitan Statistical Area
9.3
330
Pueblo, CO Metropolitan Statistical Area
9.5
331
Anderson, IN Metropolitan Statistical Area
9.6
331
Hickory- Lenoir- Morganton, NC Metropolitan Statistical Area
9.6
331
Lake Havasu City - Kingman, AZ Metropolitan Statistical Area
9.6
331
Las Vegas- Paradise, NV Metropolitan Statistical Area
9.6
331
Riverside -San Bernardino - Ontario, CA Metropolitan Statistical Area
9.6
336
Longview, WA Metropolitan Statistical Area
9.7
336
Medford, OR Metropolitan Statistical Area
9.7
336
Morristown, TN Metropolitan Statistical Area
9.7
336
Reno - Sparks, NV Metropolitan Statistical Area
9.7
336
Yakima, WA Metropolitan Statistical Area
9.7
341
Beaumont -Port Arthur, TX Metropolitan Statistical Area
9.8
341
Bend, OR Metropolitan Statistical Area
9.8
341
Kankakee - Bradley, IL Metropolitan Statistical Area
9.8
344
Brownsville - Harlingen, TX Metropolitan Statistical Area
9.9
344
Rockford, IL Metropolitan Statistical Area
9.9
344
Santa Cruz - Watsonville, CA Metropolitan Statistical Area
9.9
347
Chico, CA Metropolitan Statistical Area
10.0
347
Salinas, CA Metropolitan Statistical Area
10.0
349
Carson City, NV Metropolitan Statistical Area
10.1
349
New Bedford, MA Metropolitan NECTA
10.1
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Unemployment Rates for Metropolitan Areas
351
Dalton, GA Metropolitan Statistical Area
10.2
351'
Michigan City -La Porte, IN Metropolitan Statistical Area
10.2
351
Terre Haute, IN Metropolitan Statistical Area
10.2
354
Decatur, IL Metropolitan Statistical Area
10.3
355
McAllen- Edinburg - Mission, TX Metropolitan Statistical Area
10.5
356
Waterbury, CT Metropolitan NECTA
10.6
357
Redding, CA Metropolitan Statistical Area
11.1
358
Bakersfield - Delano, CA Metropolitan Statistical Area
12.1
359
Rocky Mount, NC Metropolitan Statistical Area
12.3
360
Madera - Chowchilla, CA Metropolitan Statistical Area
12.4
361
Atlantic City- Hammonton, NJ Metropolitan Statistical Area
12.6
362
Stockton, CA Metropolitan Statistical Area
12.9
362
Vineland - Millville- Bridgeton, NJ Metropolitan Statistical Area
12.9
364
Fresno, CA Metropolitan Statistical Area
13.4
364
Modesto, CA Metropolitan Statistical Area
13.4
366
Visalia -Portervi Ile, CA Metropolitan Statistical Area
13.7
367
Hanford - Corcoran, CA Metropolitan Statistical Area
13.8
367
Ocean City, NJ Metropolitan Statistical Area
13.8
369
Yuba City, CA Metropolitan Statistical Area
15.3
370
Merced, CA Metropolitan Statistical Area
15.5
371
El Centro, CA Metropolitan Statistical Area
24.0
372
Yuma, AZ Metropolitan Statistical Area
30.3
P = preliminary.
1 Area boundaries do not reflect official OMB definitions.
NOTE: Rates shown are a percentage of the labor force. Data refer to place of residence. Estimates for the
current month are subject to revision the following month.
Last Modified Date: May 29, 2013
Register Editorial: Iowa needs to talk about juvenile crime stats I The Des Moines Registe... Page 1 of 5
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Register Editorial:
Iowa needs to talk about juvenile crime stats
Jun. 11, 2013 9:34 PM 2Comments Recommends Sign l
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�XI
Written E G ISTER'S
REGISTER'S RE
A relatively unknown government oce has issued a report that
office
EDITORIAL
needs to be analyzed and discussed by community leaders in Iowa.
FILED UNDER
The Iowa Division of Criminal and Juvenile Justice Planning is
Opinion
located in the Iowa Department of Human Rights. Its
Register Editorials
responsibilities include collecting and analyzing data related to
criminal justice. That is crucial in a nation where "getting tough" on
u
crime is more about popular politics than smart policy and where
justice may not always be blind.
The Division of Criminal and Juvenile Justice Planning said in a
report to Polk County officials, "Minority youth are overrepresented,
in Iowa and nationally, at a variety of juvenile justice system
decision- making points."
The information should help leaders
understand what is currently happening in
the justice system for juveniles and inform
Iowa's policy decisions going forward. The
report grew out of discussions that were held
http:// www .desmoinesregister.comlarticlel 20130612/ OPlNIONO3 1306120035IRegister- Edi... 6/12/2013
Register Editorial: Iowa needs to talk about juvenile crime stats I The Des Moines Registe... Page 2 of 5
9
Thinkstock Photo
and data that were analyzed relating to
young offenders. According to the report,
between 2008 and 2012 in Polk County:
• The percentage of African - American youth
placed in detention centers increased 66
percent and Hispanic youth increased nearly
60 percent. Meanwhile, the percentage of
white youth placed in detention increased by less than 30 percent.
• Caucasia h detained for a simple misdemeanor offenses
increased Sent, while the percentage of African - American
http: / /www.desmoinesregister. corn/ article /20130612lOPINIONO3 /30612003 5 /Register- Edi... 6/12/2013
Register Editorial: Iowa needs to talk about juvenile crime stats I The Des Moines Registe... Page 3 of 5
youth detained for the same category of offenses increased more
than 70 percent. I (
• Between 2009 and 2010, the number of petitions filed by county
prosecutors against Caucasian and African - American youth
declined. The following year, filings spiked more than 80 percent for
white teens and 112 percent for black teens. "Polk County has
experienced noteworthy increases in petition filings" on juveniles,
according to the report.
State researchers note this increase affects government. More
important, it affects teens who may find themselves mired in a legal
world they don't understand and saddled with a criminal record that
may follow them into adulthood.
The report also documented concerns from stakeholders about
placing sworn police officers in schools.
The presence of so- called school resource officers "has led to
youth being arrested for disruptive rather than dangerous behavior,"
said one participant. The officers "are typically accountable first to
the police department and then to the school, which might pay part
of an SRO's salary or administrative costs. Nonetheless, a
handbook for recruiting and retaining SROs says that an SRO can
overrule a school administrator that wants to prevent the arrest of a
student."
It's commonly accepted that teens are not simply "little adults."
Government must ensure youth do not unnecessarily enter the
juvenile justice system in the first place. If they do, the primary
goals should be fair treatment and opportunities to get them on
>,1 track for a better future.
The first step to making progress is understanding how youth are
being handled now. The recent report from Division of Criminal and
Juvenile Justice Planning contributes to that understanding.
http: / /www. desmoinesregister.comlarticle /2013 0612lOPINIONO3 /30612003 5 /Register- Edi... 6/12/2013
Register Editorial: Iowa needs to talk about
juvenile crime stats
JaiLesha Hixson • Mercy College of Health Sciences - Des Moines, Iowa
This division has tried to sell this story again and again. Their stats are the problem. They do not look
an individual offenders multiple offenses. Meaning, if a minority offender commits three burglaries,
they consider there to have been three minority offenders arrested. Some of these offenders have
committed a large number of offenses and therefore are counted as an increase of minority offenders
instead of how it was really one kid that got caught for a bunch of crimes. The increase in Polk Co is
due to Fred Gay (Van Liew) leaving Juvenile Court. Gay refused to file on anyone. Ask any kid from
that era that got in trouble. They knew there was no punishment or directed learning from any
situation. So, thanks again to the Register for not letting us know how the stats were gathered.
Kw Greenwood
As a person who worked in a profession that had daily contact with juvenile offenders I believe Ms.
Hixson is on target and knows what she is talking about. Fred Gay was part of the problem and not
part of the solution. Could it also be as much about the culture and less about color? I think so. These
stats are phoney. We have been losing to juvenile crime since the inception of the Juvenile Justice
and Delinquincy Prevention act of 1974. (liberal feel good politics) Iowa adapted the federal
standards in 1979. Huge mistake. kwg
C
2013 Lobbying Report
To the
City of Iowa City
On the results of the
85th General Assembly, 2013 Session
I. Introduction.
The first session of the 85h General Assembly (the "2013 Session or Session ") ended
with adjournment in the Senate just before midnight on Wednesday, May 22 and in the House on
Thursday, May 23. The session ran just under three weeks past its scheduled end. As in the past
two years, a split legislature with narrow majorities forced compromise. Unlike the past two
years, the leadership in the House and Senate, as well as the Governor came together to reach
compromise on the four major policy issues which included the budget, education reform
(SF215), Medicaid expansion (SF446), and property tax reform (SF295).
There were 1,685 bills, study bills and resolutions introduced in either the House or
Senate in 2013. We reviewed each bill and specifically tracked 125 bills that related to issues
which could impact the City of Iowa City ( "Iowa City or City "). Our weekly bill tracker was
delivered to the City Manager's Office and reviewed with the City Manager and others every
Friday during the 2013 Session.
The 2013 Session produced mixed results for Iowa cities in general and for Iowa City.
Iowa City had success on many proactive and defensive issues this session. The City supported
legislation to allow law enforcement to continue use of the Cedar Rapids shooting range
(HF133). Iowa City also supported the Iowa Reinvestment Act which will potentially allow cities
to capture increases in sales and hotel/motel taxes to support a unique project within a new
reinvestment district (HF641). Defensively, the City successfully opposed legislation to prohibit
residential rental occupancy ordinances based on familial relationships (1-117184), bills to limit
TIF debt (HSB236/HF647), a change to the special assessment formula (HF588), and eleven
bills to ban or limit the use of automatic traffic enforcement devices. In this report we will
compare the City's 2013 legislative initiatives to the actual results of the 2013 Session, as well as
describe other issues Iowa City lobbied during the 2013 Session.
II. The City's 2013 Legislative Initiatives
A. Priority One: Support of the Chicago to Omaha/Council Bluffs passenger rail project
Despite officials from Iowa City, Des Moines and other cities being actively engaged in
raising awareness of the issue, State funding for passenger rail was not addressed by the
legislature during the 2013 Session. Geoff Fruin was at the Capitol on several occasions to speak
in public forums with legislators and media in support of passenger rail. During his visits, Geoff
#2338126
Page 12
met with the chairs of key committees including the House and Senate Transportation and
Appropriations committees, and the Senate Commerce Committee. Tom Markus and others from
the Iowa City area met with the Governor, Senate Majority Leader Mike Gronstal, Speaker of the
House Kraig Paulsen and others to discuss local issues including passenger rail. In addition, the
Mayor, City Manager and Assistant to the City Manager met with the Governor and Lieutenant
Governor to discuss rail funding. The City also actively engaged partners in support of passenger
rail, including the Greater Des Moines Partnership, the Iowa City Chamber, and other cities that
support the issue in Iowa and Nebraska.
Throughout the 2013 Session, the Iowa City legislative delegation also worked in support of
funding for passenger rail. When the Rebuild Iowa Infrastructure Fund budget bill was debated
in the House, Representative Jacoby offered an amendment to add a $5 million appropriation for
the multimodal fund, which could be used for passenger rail. Senator Dvorsky ensured that a $5
million appropriation, to be used for passenger rail, was included in the Senate amendment to the
same bill. In the waning hours of the Session, Representatives Jacoby and Kaufinann also
attempted to broker a deal to appropriate money for passenger rail in exchange for the passage of
Representative Kaufmann's eminent domain bill, but opposition to the eminent domain
provisions in the Senate stopped the idea from being introduced as legislation.
We will continue to work with the Governor's office and Iowa Department of
Transportation on the issue and be prepared to move forward should an agreement be reached.
B. Priority Two: Responsible Property Tax Reform
The property tax bill that passed in the 2013 session, SF295, is the culmination of three
sessions of work between the House, Senate and Governor. When Governor Branstad first took
office, he began working on his campaign promise to reduce commercial property taxes. The
message from the Governor as well as House Republicans was that if nothing changed, local
governments could collect a "windfall" of up to $2 billion in cumulative property tax increases
over the next five years. Both sessions of the 80 General Assembly began with property tax
reform proposals. In the first session, the Governor offered a bill to reduce commercial property
taxes by 60 percent with no backfill for losses in revenue to local governments, a two percent
growth limitation and new parameters on city ending fund balances. The second session began
with a proposal from House Republicans to roll back commercial and industrial property by 40
percent with no backfill, and ended with a surprise "compromise" plan that included a ten
percent rollback on commercial and industrial property, a tax credit for small business, and tax
cuts for a new class of "multiresidential" property and telecommunication company property.
The compromise plan came very close to passing, but the deal fell apart and the bill failed in the
Senate.
In the 84th General Assembly, the dissention between the two chambers and the Governor
forced both sessions into overtime and property tax reform had to be shelved in favor of deals on
Page 13
more pressing issues. Senate Democrats and particularly the Majority Leader provided a strong
backstop for local governments against the Governor and House who proposed deep cuts to
property taxes and strict limitations on municipal budgets. As the 2013 Session progressed, it
became clear that the Senate would not continue to block a property tax reform proposal or
provide full protection to local governments.
Early in the 2013 Session, we met with several key legislators to discuss the impact of
property tax reform, and in particular the new multiresidential classification, on the City. We
proposed several options, including a renter's credit in lieu of the multiresidential classification
that did not gain traction with either the House or Senate Ways and Means chairs. The Iowa City
legislative delegation remained engaged and informed throughout session on the impact of each
proposal, and each member voted against the final conference committee report except
Representatives Stutsman and Kaufmann.
The bill contains many provisions that negatively impact cities, but the new multiresidential
class of property, when fully implemented, will disproportionately impact large cities and college
towns. Backfill funding of the ten percent rollback on commercial and industrial property is the
backbone of the property tax rollback from a city's viewpoint, since it provides at least partial
compensation for the lost revenue. However, the backfill funding is not guaranteed and can be
eliminated at any time in the future by the action of the House, Senate and Governor acting
jointly. We believe cities need to strategically develop additional alternate revenue sources,
which may require legislation, to compensate for lost tax revenue in the event that growth in
taxpaying business does not offset the rollback or the backfill is reduced or eliminated.
C. Priority Three: Increased Funding for Road & Bridge Needs
There were no substantial changes in infrastructure funding this session. An increase in
the gas tax was an active topic of conversation among legislators and was rumored to be a part of
the property tax reform compromise, but the proposal was not introduced as legislation. With the
retirement last session of Representative Dave Tjepkes and Senator Tom Reilly, the gas tax lost
the two primary champions in the House and Senate. Representative Josh Byrnes, a Republican
from Osage and the new Transportation committee chair, worked behind the scenes during the
2013 Session to promote an increase. Although he was not able to propose legislation, on the last
day of the Session he offered an amendment to an ethanol bill which he later withdrew, but
indicated that he would continue to work on the issue next session. At the beginning of the 2013
Session, Governor Branstad announced he would support a gas tax increase if it was part of a
comprehensive tax reform proposal. He later softened his position and has since withdrawn all
support in favor of looking at alternative revenue sources for infrastructure funding.
Iowa City successfully worked to keep $1 million of low -head dam grant dollars for the
Department of Natural Resources in the Rebuild Iowa Infrastructure Fund (RIIF) bill, HF638.
The House version of the RIIF bill did not initially contain the appropriation. With the help of
Page 14
several Senators, the Senate included an amendment with the appropriation, forcing the
conference committee to negotiate an agreement on the provision.
D. Priority Four: Fair & Sustainable Pension Systems
Although this was not an official "pension year" in the legislature, there was discussion of
the financial burden of the Municipal Fire and Police Retirement System of Iowa (MFPRSI) on
the participating cities. Early in the Session, Senator Jeff Danielson, a firefighter from Cedar
Falls, introduced a bill in the State Government committee (SF378) to appropriate $10 million to
the system to be used to lower city contribution rates. Although the bill had a subcommittee, it
did not pass out of the State Government committee. We continued to discuss the issue with
Senator Dvorsky, who included a $5 million appropriation in the standing appropriations bill,
SF452. The House removed the amendment and it was not included in the final bill. When the
final compromise version of the standings bill was debated in the Senate, Senator Danielson
again offered an amendment to add $10 million in funding for MFPRSI to defray city costs, but
the amendment was defeated.
The City also supported SF327, MFPRSI's technical bill, which passed without any
amendments offered. This was the third attempt by MFPRSI to pass this bill. In its annual report
to the legislature, MFPRSI recommended that the legislature reinstate its original 3.79%
contribution to the 411 system to lower city contribution costs. Since this is an odd numbered
year, we anticipate that the Public Retirement Systems Interim committee will meet sometime
this fall to discuss legislative proposals for next session. With the detrimental impacts of the new
property tax proposals on 411 cities in particular, 2014 may be the session to discuss substantive
pension reform that reduces city contribution rates to offset those losses.
III. Additional Issues
• The City successfully worked to support HF133, a bill to allow law enforcement to
continue use of the Cedar Rapids shooting range.
• The City also supported the passage of HF641, the Iowa Reinvestment Act, which will
allow the collection of sales and hotel/motel tax revenue in a new "reinvestment district"
within an existing urban renewal area to fund a unique project within the district.
• The City successfully supported the passage of Senator Sodders' bill to create a public
safety training academy. Once established, state funds will pay for training and
equipment costs for municipal police and fire officials.
• Iowa City opposed two TIF bills, HSB236 and HF647, that would limit the use of TIF
for public buildings and limit TIF debt. The bills were filed late in this Session, and
several subcommittees were held. Although HF647 made it out of the Ways and Means
committee, it was not debated on the House floor.
Page 15
• Iowa City opposed HF 184, which would have prohibited residential rental occupancy
ordinances based on familial relationships. The House passed the bill out of committee
and was placed on the House debate calendar before it was killed.
• Iowa City opposed a bill to change the special assessment formula, HF588. The bill
passed out of the House State Government committee and had several subcommittee
meetings in the House Ways and Means committee, but did not make it to the floor.
• Iowa City opposed HSB216 /SSB1237 (companion bills) to allow the Ombudsman and
Public Information Board access to records of closed sessions without a court order.
The House version of the bill had several subcommittees, and received support from the
House Government Oversight committee members, but did not move in the Senate.
• A coalition of cities, including Iowa City, and insurance companies, successfully opposed
eleven bills to ban or limit the use of revenues from Automated Traffic Enforcement
Systems (ATEs) (SF155, SF139, SF130, SF44, SF21, SF20, SF19, HF427, HF410,
HF334, HF106). The City was also represented in several meetings with the Department
of Transportation regarding promulgation of rules to regulate city use of ATEs.
There were multiple other study bills and bills which we discussed with City staff and its
legislative delegation. Most of these bills eventually died in subcommittee or were not
assigned to a subcommittee based on the City's input.
IV. Conclusion
We began this report by saying the 2013 Session produced mixed results for Iowa City.
Many positive issues were supported, negative issues were defeated and the City will benefit
from several pieces of legislation, however the lack of passenger rail funding and the
multiresidential property classification in the property tax bill cloud the results of the session.
We are honored to represent the City as its lobbyists. The City is well respected at the Capitol
and legislators, staff and other lobbyists look to Iowa City for advice on many issues. We
greatly appreciated the prompt support of City staff when we had questions on a bill. We
particularly appreciated the support of the Mayor, City Manager and Assistant to the City
Manager who made multiple trips to Des Moines to meet with legislators and the Governor.
We look forward to our ongoing relationship. Please contact us if you have any questions
about matters in this report or other areas of interest in the legislature.
Tom Stanberry & Kate Carlucci
Davis, Brown, Koehn, Shors & Roberts. P.C.
IP10
Marian Karr
From: Terry Dickens
Sent: Tuesday, June 11, 2013 2:16 PM
To: Marian Karr
Subject: FW: Smoking Enforcement at the Ped Mall
Attachments: Smoking Paper. pdf
From: John Kasti [john -kastl @uiowa.edu]
Sent: Tuesday, June 11, 2013 8:10 AM
To: Terry Dickens
Subject: Smoking Enforcement at the Ped Mall
Hi Mr. Dickens,
Professor Linder said that you might be interested in reading my paper regarding the smoking enforcement at
the Ped Mall.
Please note that this was written at the end of April and that the "response call- type" referenced at footnote 50
has since been established by ICPD.
Best regards,
John
John Kasd
Note & Comment Editor
Iowa Law Keviem, Volume 98
University of Iowa College of Law
john- kasdnuiowa.edu
(818) 430 -9696
The Evolution of Iowa City's Smoking Ordinances Within the Ped
Mall and a Twenty -Month Analysis on the Impact of Those
Ordinances and Their Enforcement
By John Kastl
INTRODUCTION
On April 8, 2008, the Iowa legislature passed House File
2212, the Smokefree Air Act. On April 15, 2008, Governor Chet
Culver signed the Smokefree Air Act into law, with an effective
date of July 1, 2008. The Smokefree Air Act prohibits smoking in
all public places and enclosed areas within places of employment
and additionally includes exemptions such as within private
residences or privately owned vehicles.'
Iowa City enacted its own ordinances pertaining to smoking
regulation. Over the past five years, the evolution of the
smoking ordinances, specifically at the Pedestrian Mall ( "Ped
Mall ") in downtown Iowa City, as well as the enforcement of
those ordinances, has proved a bumpy ride for the city. This
paper discusses the evolution of the smoking regulation as it
pertains to Iowa City's Ped Mall and reviews a twenty -month time
span of enforcement. First, Part II introduces the Smokefree Air
Act, Iowa City's preparations of its own ordinances, and then
the eventual modification of creating a criminal misdemeanor
from the original civil violation. Next, Part III evaluates a
1 Iowa Code § 142D (2008).
1
twenty -month time span of enforcement in the Ped Mall —from April
2011 through December 2012 —by the University of Iowa Police
Department as well as the Iowa City Police Department and
additionally discusses the only preemption case presented before
the Iowa City courts. Finally, Part IV reviews the developments
in the Ped Mall for the three months after the twenty -month data
review, highlighting recent developments and the future for
smoking enforcement.2
II. BACKGROUND
This part introduces the Smokefree Air Act and Iowa City's
response to the passing of the law. First, Part II.A discusses
the original preemption issues from Iowa City's prior smoking
ordinances as well as the pre- legislation of the Smokefree Air
Act and its defining characteristics. Next, Part II.B discusses
Iowa City's response to the legislation and its own preparation
for potential ordinances in the face of its former 2003
preemption. Then, Part II.0 discusses Iowa City's actual
ordinances and their defining characteristics. Finally, Part
2 Although the University of Iowa banned smoking on the entirety
of its campus prior to the development of the Ped Mall
ordinances, this paper centers on the evolution of the laws at
the Ped Mall.
Wj
II.D discusses the evolution of the city ordinance from a civil
crime to a criminal misdemeanor.
A. Preemption and Pre - Legislation of the Smokefree Air Act
Prior to 2003, Ames and Iowa City were the only two cities
to have enacted a smoking ban in Iowa.3 The result triggered a
lawsuit filed by several business owners from Ames.4 In 2003, the
Iowa Supreme Court eventually ruled that local governments were
prohibited from enacting more stringent laws than their state
laws At that time, the Iowa law simply stated that businesses
could allow smoking as long as they provided separate areas for
both smokers and non- smokers. 6
On February 5, 2008, the House Commerce Committee passed
House Study Bill 537 by a bi- partisan 16 -6 vote.' The bill made
smoke -free areas of public places such as workplaces, bars and
restaurants, public transit stations, outdoor sports arenas,
3 James v. City of Ames, 661 N.W.2d 150 (Iowa, 2003).
4 Id.
5 Id. at 154.
6 Id. at 152.
' Iowa House Democrats, Public Smoking Ban Clears House Committee
(Feb. 5, 2008) available at
http: / /iowahouse.org/ 2008 /02/05 /public- smoking- ban - clears - house-
committee/ .
3
stadiums, and within fifty feet of school grounds .$ Along with
the exemptions, which included private clubs, fairgrounds,
private homes, private vehicles, tractors, and hotels, two
additional exceptions were added: casinos and federally
chartered veterans organizations that were closed to the public.9
On February 19, 2008, the Iowa House approved the bill
(House File 2212) by a bi- partisan 56 -44 vote.10 State
Representative Tyler Olson managed the bill through the House on
the foundation that "second hand smoke kills 440 non - smokers in
Iowa every year and another 4,000 Iowans die each year from
smoking- related illnesses. The bill approved today will save
8 id.
9 Iowa House Democrats, Smoking Conference Committee Crafts
Proposal (Apr. 7, 2008) available at
http: / /iowahouse.org/ 2008 /04/07 /smoking- conference - committee-
crafts - proposal /; Iowa House Democrats, Public Smoking Ban
Clears House Committee (Feb. 5, 2008) available at
http: / /iowahouse.org/ 2008 /02/05 /public- smoking- ban - clears - house-
committee /.
10 H.JOURNAL, 37th Day, 335 (Iowa, 2008), available at
https: / /www.legis.iowa.gov /DOCS /Pubs /hjweb /PDF2/2008/02 -19-
2008.pdf.
4
lives and protect 99% of Iowans in the work place and public
places. "11
On February 27, 2008, the bill passed through the Senate by
a vote of 29 -21.12 However the Senate's approval came with
Amendment H -8054, specifically striking House exemptions for
casinos and veterans while adding exemptions for fairgrounds,
farm tractors, farm trucks, as well as others.13 Over the next
month, the Iowa House entered into a House - Senate Conference
Committee to work out their differences and craft a compromise
on the bill .14 The Iowa House approved the compromise on April 8,
11 Iowa House Democrats, House Approves Smokefree Air Act (Feb.
19, 2008) available at http: / /iowahouse.org /2008 /02 /19 /house-
approves - smokefree- air -act /.
12 S.JOURNAL, 45th Day, 412 -13 (Iowa, 2008) , available at
https : / /www.legis.iowa.gov /docs/ pubs /sjweb /pdf /February %2027, %20
2008.pdf.
13Tom Patterson, Amendment Summary, HF -2212 Smoke Free Air Act
Senate Amendment (March 11, 2008) available at
http: / /iowahouse.org /wp- content /uploads /2008/03/08- hf2212-
smokefreeairact - senamend.pdf
14 Iowa House Democrats, House Sends Smoking Ban to Conference
(Mar. 19, 2008) available at
http: / /iowahouse.org/ 2008 /03/19 /house- sends - smoking- ban -to-
61
2008 by a bi- partisan 54 -45 vote.15 The new exceptions to the
bill included the Iowa Veterans Home, National Guard facilities,
correctional facilities, fairgrounds, farm tractors or trucks,
and outdoor areas, such as bar patios.16
On April 15, 2008, Iowa Governor Chet Culver signed into
law the Iowa Smokefree Air Act, which went into effect on July
1, 2008.17 The Smokefree Air Act, which was cofified as Iowa Code
section 142D, banned all smoking in enclosed public spaces,
including places of employment, restaurants, and bars.18
Additionally, businesses were required to post "no- smoking"
conference /; Iowa House Democrats, Smoking Conference Committee
Crafts Proposal (Apr. 7, 2008) available at
http: / /iowahouse.org/ 2008 /04/07 /smoking- conference - committee-
crafts - proposal /.
15 H.JOURNAL, 86th Day, 1100 (Iowa, 2008) , available at
https: / /www.legis.iowa.gov /DOCS /Pubs /hjweb /PDF2/2008/04 -08-
2008.pdf.
16 Id at 1090 -99.
17 The Iowa Legislature, 2008 Enrolled Bills,
http : / /coolice.legis.iowa.gov /Cool-
ICE / default. asp? Category= BillInfo &Service = Enrolled &year =2008
(last visited April 15, 2013).
18 Iowa Code § 142D (2008) .
signs at entrances to non - smoking areas, inform employees about
the law's provisions, and remove all ashtrays from prohibited
areas. 19 Depending on the number of violations, civil fines of
$100, $200, or $500 would result in failure to comply with the
law .20 Additionally, businesses could potentially lose their
business license and /or their liquor license for violating the
law .21 The day before the Governor signed the Smokefree Air Act
into law, Iowa City's City Councilmembers called a special work
session to discuss potential city property smoking policies.
B. Iowa City's City Council Prepares
With the 2003 preemption lawsuit still on their minds and
the possibility of a second, Iowa City's Councilmembers called a
special meeting on April 14, 2008 to address their concerns with
the law and their reservations. Although city parks were of some
focus, the issues surrounding Iowa City's downtown and Ped Mall
areas soon became the primary agenda. 22 Of additional concern
was how any future non - smoking ordinances created there would be
19 .Id.
20 .Id.
21 Id.
22 Transcription of Iowa City Council Special Work Session at 3
(Apr. 14, 2008) available at http: / /www.iowa-
city. org /weblink /DocView.aspx ?id= 162068.
7
enforced .23 City Councilwoman Connie Champion stated, "I've given
some thought to this, and I hate to see us make ordinances that
aren't enforceable . "24 Not only did this immediate concern affect
the city council the day before the Governor signed the law into
action, but also continues to affect the city even to this day.zs
Then Iowa City's Mayor Regenia Bailey expressed:
I do have concerns about enforcement, but given that
we [will] now have a State law that will . . . keep
smoking out of restaurants, I don't want our Ped Mall
to become the "smoking area" for the restaurants
adjacent to it, and I don't want those sidewalk cafes
to become defacto smoking areas, or . . . have the
impact on people who are on the Ped Mall smoking . . .
I think that would destroy the nature of the sidewalk
cafes, so I am interested in looking at . . . some
kind of limitation on the Plaza, especially around the
play structure and the Library.
I've been known to enjoy a cigarette or cigar. I mean
I'm not a zealot about smoking, I just think that we
need to balance the interests and we recognize[] the
challenges of second -hand smoke, and that particularly
we don't want kids around it .26
23 Id.
24 id.
25 See infra Part II.B and Part II.C.
26 Transcription of Iowa City Council Special Work Session at 4 -5
(Apr. 14, 2008) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 162068.
It is interesting to note that Mayor Bailey felt compelled to
justify her stance by providing a prologue of her own enjoyment
of two kinds of tobacco. As one scholar pointed out: "That the
mayor qua Iowa City's political figure -head and civic role model
(presumably unreflectively) paired publicly and unembarrassedly
trumpeting her enjoyment of smoking two kinds of tobacco (one of
which was atypical for teenage females) with solicitude for
children was eerily akin to tobacco companies' traditional
stance. "27 But the ball was in play and the impetus was to
protect individuals dining at sidewalk cafes from second hand
smoke.
City Attorney Eleanor Dilkes then navigated discussions
around preemption issues with the State's own laws, blanket
smoking bans across downtown and Ped Mall areas, and policies
regulating the distances from the entrances to restaurants where
one could smoke.28 Reiterating that the Smokefree Air Act would
not be signed into law until the following day, the
Councilmembers agreed to allow Ms. Dilkes to read over the law's
language at that time and then draft a memo outlining her
27 Marc Linder, Inherently Bad, and Bad Only 3215 (2012).
28 Transcription of Iowa City Council Special Work Session at 5 -9
(Apr. 14, 2008) available at http: / /www.iowa-
city. org /weblink /DocView.aspx ?id= 162068.
9
understanding of the law and how it could relate to acceptable
Iowa City smoking policies .29 Mayor Bailey then scheduled
discussions on such issues for a later meeting.
The City Council did not meet again to retouch on the
several issues posed at the prior April meeting, confusions
regarding the language of the Smokefree Air Act, and potential
conflicts with future planned city ordinances until June 23,
2008. Some of the issues focused around a prohibition on smoking
during the outdoor concert series,30 throughout municipal parking
ramps,31 on right- of- ways,32 and at the Ped Mall .33 Ms. Dilkes
specifically noted at this session that section 142D failed to
ban smoking in the city's parking ramps because they were not
"enclosed" as defined under the act. 34 As it is written, section
142D.3(1)(b) stated: "All enclosed areas within places of
employment including but not limited to work areas, private
29 Id. at 9.
30 Transcription of Iowa City Council Special Work Session at 21
(June 23, 2008) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 166768.
31 Id. at 22.
32 Id. at 23.
33 Id. at 26.
34 Id. at 22.
10
offices, conference and meeting rooms, classrooms, auditoriums,
employee lounges and cafeterias, hallways, medical facilities,
restrooms, elevators, stairways and stairwells, and vehicles
owned, leased, or provided by the employer unless otherwise
provided under this chapter. ,35 However, section 142D.2(6)
defines an "enclosed" area as: "all space between a floor and
ceiling that is contained on all sides by solid walls or
windows, exclusive of doorways, which extend from the floor to
the ceiling. "36 Ms. Dilkes additionally noted the "glitch in the
way the act was written," since the reasoning behind the
legislation in the first place was to protect employees from
second -hand smoke, yet municipal parking ramps, where parking
attendant employees work, were excluded.37 Additionally, section
142D.4 fails to regulate smoking in vehicles. The language of
section 142D.4(7) avoids regulation for:
"Limousines under private hire; vehicles owned,
leased, or provided by a private employer that are for
the sole use of the driver and are not used by more
than one person in the course of employment either as
a driver or passenger; privately owned vehicles not
otherwise defined as a place of employment or public
35 Iowa Code § 142D.3(1)(b) (2008)
36 Iowa Code § 142D.2 (6) .
37 Transcription of Iowa City Council Special Work Session at 32-
33 (June 23, 2008) available at http://www.iowa -
city.org/weblink/DocView.aspx?id= 166768.
11
place; and cabs of motor trucks or truck tractors if
no nonsmoking employees are
present. "38
And since the law exempted private vehicles, as it was not
property under the city's control, Ms. Dilkes noted that
individuals were currently legally allowed to sit in their cars
with the windows rolled down and smoke if they felt so
inclined.39
Regulation of smoking on right -of -ways, such as sidewalks,
also arose as a confusing aspect regarding potential preemption
issues of the Smokefree Air Act. Ms. Dilkes tried to clarify the
issue, stating: "I think you do have the right to prohibit
[smoking] in the right -of -way, but that would be a designation
by you. It's not prohibited by the statute .i40 This is an
important confirmation for the city by Ms. Dilkes, considering
that the power to ban smoking has only been enforced on one
permanent occasion —along the right -of -way between the Library
and Linn Street.91 In fact today, smoking is still allowed in
38 Iowa Code § 142D.4 (7) .
39 Transcription of Iowa City Council Special Work Session at 23-
24 (June 23, 2008) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 166768.
40 Id. at 23.
41 See infra Part II.0 (discussing the smoking ban boundaries).
12
front of the City Hall's right -of -way, although the city owns
all right -of -ways and has the power to ban smoking on all public
sidewalks. In an email from University of Iowa College of Law
Professor Marc Linder to Ms. Dilkes when questioning why she
failed to advise the city council of it power to ban smoking on
that right -of -way, Ms. Dilkes responded, "[T]o date it is not
one of the areas they have expressed an interest in
regulating. i,42
Regarding a smoking ban on the Ped Mall grounds,
Councilmembers agreed to a "wait- and -see" approach since the
University of Iowa had immediately established a campus -wide
smoking ban as required by the Smokefree Air Act.43
Councilmembers first wanted to observe the successes as well as
any potential problems associated with the campus's blanket
approach its smoking ban.44 Iowa City's present Mayor Matt Hayek
stated:
I'll make the argument against —just to play devil's
advocate — against banning it outright in the entire
Pedestrian Mall. That's a wider expanse than you can
walk through, and it's easier to avoid a smoker, if
42 Marc Linder, Inherently Bad, and Bad Only 3218 (2012).
43 Transcription of Iowa City Council Special Work Session at 26
(June 23, 2008) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 166768.
44 Id. at 26.
13
you're on the right -of -way . . . on Washington Street
or on . . . Dubuque Street . . . [.] [E]very morning
we sweep up 10 to 25 cigarettes, every morning, seven
days a week . . . so there's a fair decision there,
and . . . people coming and going from my office walk
past people who are either leaving a coffee shop or
the bar next to us, having a drag . . . and I think if
you're going to look at [the smoking ban] as a matter
of fairness, you'd have to look at all of it, and
that's a pretty draconian move . 45
Mayor Hayek's review of a smoking ban as "draconian" simply
because it may be "easier to avoid a smoker" fails to consider
one important element: although the smoker might be avoided, the
smoke itself is not. Smoke does not rise up and away necessarily
from a smoker's exhale, and based on the direction of the wind
and position of a non - smoker even thirty feet away, smoke
emissions emanating from behind the point of exhale would
disallow a non - smoker to completely avoid the secondhand smoke.46
Ms. Dilkes noted that enforcement of the city's potential
smoking ordinances was going to require attention, specifically
the apprehension of Iowa City's police officers to act as
enforcers during events such as the Friday Night Concert Series.
She stated:
4s Id.
46 For an in depth analysis of smoke particulates within the air
of outdoor space see Neil E. Klepies, et al., Real -Time
Measurement of Outdoor Tobacco Smoke Particles, 57 J. of THE AIR
AND WASTE MGMT. ASSOC. 522 -34 (2007) .
14
The Department of Public Health is charged with . . .
enforcement . . .[,] they do designate local
authorities as people who may help with enforcement,
[but] . . . there's not been a mandate to that effect
yet. . . . [A] police officer could issue a citation
against an individual. . . . I know our Police
Department is not interested in becoming the
enforcement agent against establishments with respect
to their [no- smoking signage] and that kind of thing.
. . . [W]e're just going to have to work through
that. 47
But although police might not be "interested in becoming the
enforcement agent," the city does have the power to employ its
police resources to enforce any ordinances it deems important,
whether or not the police have any "interest" in doing so.
Councilmembers as well as the City Attorney were rightly
concerned with the issues surrounding enforcement. With the
Smokefree Air Act now in place, many citizens might have been
confused as to the exact parameters of the ban, the allowable
distance from the storefronts, and whether there were specific
times in which the ban would be effective. Failure to enforce
the law might also set a bad precedent for unrelated city
ordinances as well. If citizens took notice that the smoking
ordinance had no teeth, they might become further inclined to
push the limits of additional policies and city ordinances.
47 Transcription of Iowa City Council Special Work Session at 36
(June 23, 2008) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 166768.
M
C. Iowa City Drafts the Ordinance
On August 20, 2008, Ms. Dilkes drafted a memo for the Iowa
City Councilmembers that outlined suggested non - smoking
ordinances, which the city could initiate. The proposal
considered declaring seventeen additional areas non-smoking .48
Such areas included the Iowa City Municipal Airport, municipal
parking ramps, and the downtown Ped Mall .99 Additionally, Ms.
Dilkes suggested raising the fine for littering to $300 per
incident since the Parks and Recreation Commission was concerned
that the ban on smoking in sidewalk cafes and restaurants would
lead to additional littering of cigarette butts in designated
smoking areas.50
The proposed ordinance required three votes across three
readings for approval, and the first vote on August 26, 2008 was
unanimous .51 The vote gave a unanimous head nod toward banning
smoking in some park areas; city parking ramps except in
98 City of Iowa City Memo at 65 (August 26, 2008) available at
http: / /www.iowa- city .org /weblink /DocView.aspx ?id= 170480.
49 id.
50 Id.
51 Transcription of Iowa City Council Special Work Session at 44
(Aug. 26, 2008) available at http: / /www.iowa-
city. org /weblink /DocView.aspx ?id= 170480.
S.
privately owned vehicles that are not located in the Chauncey
Swan Ramp thirty minutes prior to the commencement of scheduled
Farmer's Markets; during the University of Iowa Homecoming
Parade; and within fifty feet of stages during the Jazz Fest,
Arts Fest, and Friday Night Concerts. 52 With the civil fine for
smoking in a designated non - smoking area set at $50, littering
of a single cigarette butt increased to a whopping $300 fine. 53
Although the ordinance was expected to eventually pass, the
Iowa City Police Department had its preconceived reservations
about the approval, specifically the enforcement of the
provisions, and chose to voice those reservations publicly.
Sergeant Troy Kelsay stated, "I suppose if [smoking] happens in
front of [an officer], it could be easily addressed, but that
would take time away from other things." 54 This statement to the
newspaper resulted in an immediate public outcry from a
concerned citizen who emailed Iowa City Clerk Marian Karr:
52 City of Iowa City Memo at 65 (August 26, 2008) available at
http: / /www.iowa- city .org /weblink /DocView.aspx ?id= 170480.
53 Id.
54 Ben Fornell, Iowa City OKs Smoking Ban Expansion, DES MOINES
REGISTER (Aug. 28, 2008) , available at
http : / /www.desmoinesregister.com / apps /pbcs.dll /article ?AID =/2008
0827/NEWS/808270375.
17
I was disappointed to hear the police won't be
enforcing the smoking ban. I work downtown in [the Ped
Mall] and the problem is widespread. I have noticed
smokers by the kids area and was pleased to hear you
wanted to help keep that area safe. My boy is not old
enough yet to play on the equipment, but having it
completely clear of smoke will have to happen before I
bring my child to the ped mall area. . . . If the
police don't want to enforce the laws, how do you
expect anyone to be compliant? That level of
disrespect is unacceptable. . . . [T]o openly "plan"
to ignore a new Council regulation shows the Police
just don't care at all. . . . If it's too much trouble
to enforce laws in the area immediately around City
Hall what do you expect people will think about
enforcement in general? I'm very disappointed in all
of this .55
Sergeant Kelsay's statement failed to go unnoticed by
Councilwoman Amy Correia, who noted at the September 9, 2008
city council meeting:
[T]here had been some comments made in the media by
[the Iowa City] Police Department . . . saying that
there would be no Police Department enforcement of no-
smoking [areas]. I'm just wondering, in our downtown
area, if there were officers . . . patrolling during
the Friday Night Concert, I would want a police
officer to observe somebody smoking to say, "You can't
smoke here[.]" . . . I know we don't want to direct
police officer[s] to go out and find people who are
smoking, but in this case . . . where you would come
55 Email dated Aug. 27, 2008 from Paul Harris to Marian Karr at
51 (Sept. 9, 2008) available at http: / /www.iowa-
city. org /weblink /DocView.aspx ?id= 171011.
upon somebody smoking in a no- smoking area during
regular course of doing business. 56
It is particularly noteworthy that Ms. Correia stated "I know we
don't want to direct police officer[s] to go out and find people
who are smoking." Her approach seemed to focus on the notion
that police officers should pursue crimes of a more criminal
intent, however should officers come across an individual
smoking in a designated non - smoking area while on their beat,
then certainly enforcement via citation would be appropriate.
One important obstacle regarding this notion that beat cops will
simply stumble upon a violator is that the Iowa City Police
Department officers do not walk parts of the Ped Mall.57 In fact,
they actually remain in their squad cars and only exit their
vehicles when they respond to a call or witness a violation
directly .58 Because the Ped Mall is an area shielded on all sides
from the street except the direct entrances located at Clinton
Street, Washington Street, and Linn Street, no Iowa City police
officer would be able to "come across" an individual smoking
56 Transcription of Iowa City Council Special Work Session at 31
(Sept. 9, 2008) available at http://www.iowa -
city.org/weblink/DocView.aspx?id= 171011.
57 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013).
58 Id.
19
unless they were visible from the street, and even then it is
questionable whether officers would pull over their squad cars
to simply engage a smoker violating an ordinance .59 But even so,
Captain Matt Johnson of the Iowa City Police Department
clarified Ms. Correia's point:
I think the manner that we addressed that is the key .
. . and it may have to do with the definition of
enforcement. Our perspective on the new ordinance was
that our objective first and foremost would be to
provide education to those in violation, and that
would mean identifying to them that they were in an
area where smoking was prohibited, that their
requirement, their mandate, was to extinguish the
smoking material, and . . . not persist with that.
Correia: Right.
Johnson: Obviously, there are options available to
officers should it come to that. Rarely would it, or
has it. So I don't think it was a blanket, "Naw, we're
not going to do that."
Correia: Okay.
Johnson: I think the tack was, let's educate. I think
there's a good argument to be made that people are
aware of the ordinance, or the code, but . . . on the
other hand, I don't think reinforcing that as a first
step . . . causes you to fail. . . .
Correia: So, police officers would if they're on the
Pedestrian Mall and see someone smoking in a no
smoking area, would go up to the person, say[, "]put
out your cigarette.[ "]
Johnson: I would certainly hope that would be the
case, and that would be consistent with the message
59 Id.; See also infra Part III (discussing the same issue).
W
that has been projected, pursuant to the passage of
that code . 60
Captain Johnson's statement that education versus enforcement
approach "would be consistent with the message that has been
projected, pursuant to the passage of that code" does not
comport with any prior city council messages, at least not those
made publicly. Such an approach would seemingly create the
subsequent enforcement issues that developed in Iowa City over
the next several years.
But even considering the enforcement issue, Councilmembers
approved ordinance 08 -4314 by a unanimous vote that night,
scheduled to go into effect on September 17, 2008.61 Relying on
his understanding of the education versus enforcement approach,
Captain Johnson later emphasized that he did not expect a sharp
influx of smoking- related citations .62 "On first sight, officers
are likely to just tell people where they can go to smoke. If
they're seen again, that's when they're likely to get a
60 Transcription of Iowa City Council Special Work Session at 31
(Sept. 9, 2008) available at http://www.iowa-
city.org/weblink/DocView.aspx?id= 171011.
61 Id.
62 Adam Sullivan, Blog, Iowa City Expands Smoking Ban, (Sept. 11,
2008) available at adambsullivan.com / ?p =18.
01
ticket. ,63 The Captain reiterated from the city council meeting
that "[o]ur perspective on the new ordinance is that our
objective would be first and foremost to provide education. "64
The new ordinance effectively banned smoking in the Ped
Mall from the Sheraton Inn straight east to Linn Street and then
up north alongside the outside of the public library running
parallel to Linn Street for approximately half of a block. 65
However, the ordinance failed to include any part of the Ped
Mall west of the Sheraton Inn through to Clinton Street or any
63 Bryan Goettel, Expanded Smoking Ban in Iowa City Has Smokers
Fired Up, KWWL.coM (Sept. 10, 2008) available at
http://www.kwwl.com/ story/ 8987913 /expanded- smoking- ban -in -iowa-
city- has - smokers - fired -up ?clienttype= printable.
64 Adam Sullivan, Blog, Iowa City Expands Smoking Ban, (Sept. 11,
2008) available at adambsullivan.com / ?p =18.
65 Transcription of Iowa City Council Special Work Session (Sept.
9, 2008) available at http://www.iowa -
city.org/weblink/DocView.aspx?id= 171011. An amendment was later
added further limiting the non - smoking area to exclude the
southwest - facing portion or property in front of Sheraton Inn.
Transcription of Iowa City Council Special Work Session, "Places
City Plaza" (Oct. 6, 2008) available at http://www.iowa-
city.org/weblink/DocView.aspx?id=174787.
W
property north of Plaza Centre One through to the alley and
beyond to Washington Street.66 Only the center of the Ped Mall,
the children's playground, and the front of the Library were
included as designated non - smoking areas.67
As could be expected from a more lax education- versus-
enforcement approach, smokers persisted at the Ped Mall with not
a single citation having been issued for violation of the
ordinance. On July 17, 2009, well over a year since the
Smokefree Air Act had been passed, Sergeant Kelsay stated that
to his knowledge, Iowa City police officers had not charged
anyone with a smoking violation .68 Following the same mantra from
the year prior, he again stated: "The goal is to modify the
behavior and not to write a bunch of tickets. "69 But as violators
continue to smoke in restricted areas and it becomes obvious to
the public that education is failing to curb the smoking
66 Transcription of Iowa City Council Special Work Session,
"Nonsmoking Places City Plaza" (Oct. 6, 2008) available at
http: / /www.iowa- city .org /weblink /DocView.aspx ?id= 174787.
67 Id.
68 Scott Raynor, UI Police Issue First Tickets for Smoking in a
Prohibited Area, THEDAILY IOWAN. COM (Nov. 17, 2009) available at
http: / /www.dailyiowan.com /2009 /07/17 /Metro /12112.html
69 Id.
23
problem, the question becomes: When does education end and
enforcement finally begin?
Eventually several citizens and business owners were
asking the same question, even willing to concede that
enforcement for a ban spanning the entirety of the Ped Mall
might be "impossible" during bar hours due to the lack of
officers.70 Owners alike were thus willing to negotiate away a
complete non - smoking ban at the Ped Mall in exchange for some
enforcement during specific business and retail hours .71 Leah
Cohen of the Iowa City Downtown Association [ "DTA "] stated at
the September 9, 2009 City Council meeting:
We came up with the 8:OOAM to 10:00PM [timeframe]. . .
realizing that . . . [for] the bars in the ped mall it
would be impossible to enforce . . . late at night .
., and . . . I think with looking at sidewalk cafes
and those sorts of things, we figured they went until
easily 10:00 at night and [] that would be
sufficient . 72
Additionally, "Textiles "' business owner Ritu Jain
suggested an outright ban across the entirety of the Ped Mall.
Her frustration at having phoned police several times to
70 Transcription of Iowa City Council Special Work Session at 2
(Nov. 2, 2009) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 3414500.
71 Id.
72 Id.
24
"educate" the violators and then only have the problem return
was apparent when she stated:
I've had this store on the ped mall for 17 years now,
and I've seen the behavior change over these years and
. . . the 10 -foot ordinance for smoking is just not .
. . sufficient at this point. I think every day I have
somebody smoking right next to my door. I call the
police all the time. It just doesn't make any
difference. There's always people smoking right
outside, and it's just hard to enforce, even around
the playground structure and the Library. There's just
no enforcement, so we were thinking if there was a
blanket non - smoking ordinance for the ped mall, it
would be much more enforceable . 73
Finally, "Cheap & Chic" and "Catherines "' business owner
Catherine Champion— coincidentally daughter of Councilwoman
Connie Champion— agreed with the sentiments of both Ms. Cohen and
Ms. Jain that some kind of action was required .74 Mayor Bailey
noted that the business owners' concerns would be addressed at a
future work session after the first of the year . 75
The Daily Iowan's editorial board, however, criticized the
statements by the two business owners and the DTA. It wrote:
The Ped Mall —which is already smoke -free from Linn
Street to the fountain outside the Sheraton, 210 S.
Dubuque St. —is a public setting. Although we do not
endorse the use of tobacco, relinquishing citizens'
right to choose whether to smoke would be a
governmental overstep. Officials' efforts to negate
potentially unsavory lifestyle choices, such as
73 Id. at 3.
74 Id.
75 Id.
25
smoking and drinking, hug an interstitial line between
strict and draconian. As abettors of freedom, we
reject this misguided proposal.
We respect and understand business owners' interest in
banning smoking; we just don't support it. We reject
their attempts to put their businesses' profit margin
over citizen's rights . 76
From the language, it would seem that The Daily Iowan's critique
was misguided at least and incorrect at most. The editors place
the right of a smoker to smoke ahead of the right of a non-
smoker's own health, and that such a move to protect a
municipality's citizens is a governmental overstep and perhaps
draconian. Even if the interest to ban smoking at the Ped Mall
was initiated by business owners, promoting one's right to smoke
publicly in the name of "freedom" while imposing significant
risks upon the health and welfare of children is utterly
offensive. The editor's message was clear: children have fewer
rights to clean air and their bodies than when compared to
smokers' rights to pollute their own bodies as well their
surrounding environment.
The first Special Work Session after the New Year took
place on March 22, 2010 when Councilmembers considered Ritu
76 The Daily Iowan, City Council Should Reject Attempts to
Further Restrict Ped Mall Smoking, THEDAILY IOWAN. COM (Nov. 17, 2009)
available at
http: / /www.dailyiowan.com/ 2009 /11/17 /Opinions /14399.html.
W1-
Jain's suggestion of an outright smoking ban across the entirety
of the Ped Mall." Some of the initial concern centered on
alternative locations where smokers could smoke . 78 Councilmembers
debated the issue, then suggested a ban across the entirety of
the Ped Mall, excluding the alleys .79 This exclusion would thus
allow smokers to move off the Ped Mall's public space, but also
allow smokers to remain close enough to their place of
employment to engage in an intermittent smoke break if they so
desired. Furthermore, Councilmember Terry Dickens additionally
advocated for a solid twenty -four hour ban over the previously
suggested 8:OOAM to 10:OOPM ban, stating "If it's a health
concern at 8:00 in the morning[, then] it's a health concern at
midnight. X80
But even so, without proper enforcement of Iowa City's new
policies and ordinances, the City Council would continue to spin
their wheels without catching a single cog. If enforcement of
the ban that covered one -third of the Ped Mall had failed thus
77 Transcription of Iowa City Council Special Work Session (Mar.
22, 2010) available at http://www.iowa -
city.org/weblink/DocView.aspx?id= 956422.
78 Id. at 23.
79 Id. at 23.
80 Id. at 27.
27
far, how would tripling the size of the non - smoking areas make
any difference when the Police Department was failing to cite
anyone for actually violating the law? Although Councilmembers
pushed the enforcement discussion to another day, Jeff Davidson,
Head of Iowa City's Planning and Community Development noted:
[W]e had a very frank discussion with the DTA about
the enforcement issue, . . . and we're not going to
debate it tonight, but . . . they seem to understand
that our existing ability for the Police Department to
[enforce the smoking ban] is based on our existing .
. revenue level . . . that notwithstanding that
[Police Chief] Sam [Hagerdine] is going to get six new
officers . . ., but . . . we tried to be brutally
honest with them about that. . . . I think the DTA is
willing to consider . . . a [S]SMID, a self - supporting
municipal improvement district . . . . [T]hat needs to
be debated by the DTA in terms of them bringing forth
a petition to do something like that. In the meantime
. . . when we implement something new we can step up
enforcement for a time, but basically then it will .
. go back . . . and again, there are also certain
times of the day, especially later in the evening,
when . . . smoking . . . [is] not going to be the
number one priorit [y] .81
Mr. Davidson's concern with the revenue level suggests that, in
order to meet the expectations of the city's coverage of the Ped
Mall, the departmental budget required more funding to
accommodate additional officers. However, his suggestion of a
81 Id. at 28.
self - supporting municipal improvement district would not come to
fruition for another thirty -four monhts.82
At the April 26, 2010 Work Session, Ms. Dilkes reviewed the
proposed ordinance for the Councilmembers. The draft effectively
banned smoking across the entirety of the Ped Mall, excluding
the alleys.83 Once again Mr. Davidson initiated the enforcement
issue with Ms. Dilkes, who responded:
Well, we had a lengthy discussion with the DTA about
enforcement and . . . expressed our concerns about .
. adding additional restrictions when . . . there
hasn't been a lot of enforcement of the existing one,
and the reasons for that . . . . [T]he Police
Department was there to express their concerns about
having to step up enforcement in that area, given the
limited resources, and the response we got from the
DTA was that it would be self - enforcing, and . . .
they were not worried about enforcement.
Davidson: They seemed to understand fully that there's
not going to be police officers down there dedicated
to the . . . no- smoking ordinance, that it'll be done
on a complaint basis, as it is now. You'll recall
there's been zero citations issued .89
Councilmembers seemed to forget Ms. Jain's statement of
September 9, 2008: "I think every day I have somebody smoking
right next to my door. I call the police all the time. It just
82 See infra Part IV (discussing the SSMID contribution to fund a
full -time officer designated at the Ped Mall).
83 City of Iowa City Memo at 9 (Apr. 27, 2010) available at
http: / /www.iowa- city .org /weblink /DocView.aspx ?id= 956422.
84 Id. at 11.
29
doesn't make any difference." If enforcement was initiated on a
"complaint basis," citizens make formal complaints to the Police
Department, and the Police Department fails to follow up on such
complaints, then from where do effective solutions derive? Mr.
Davidson noted at this meeting, which was less than a month from
the Smokefree Air Act's two -year anniversary, "there's been zero
citations issued." Because of the obvious enforcement issues
persisting, the ordinance passed by a unanimous vote on April
27, 2010. 15
D. Civil Smoking Violations Become Criminal Violations
Six months later, Iowa City's City Attorney, Eleanor
Dilkes, advocated an amendment to a smoking violation's offense
level. The objective was to change the violation from a
municipal infraction to a simple misdemeanor .fl6 The reason for
changing the original, "unscheduled" fine —which was left to the
judge's discretion —to a "scheduled" fifty - dollar fine was two-
fold. First, Ms. Dilkes was initially concerned with preemption
85 Transcription of Iowa City Council Special Work Session at 25
(Apr. 27, 2010) available at available at http://www.iowa-
city.org/weblink/DocView.aspx?id= 956422.
86 Transcription of Iowa City Council Special Work Session at 13
(Oct. 26, 2010) available at http: / /www.iowa-
city .org /weblink /DocView.aspx ?id= 1077899.
[till
issues with the State since the state code fined a smoking
offense at fifty dollars .87 Adjusting the fine to fifty dollars
brought the violation consistent with the state code and would
thus quash any fear of potential preemption issues. Second, if a
violator failed to appear at court under a "scheduled"
violation, the Court could simply enter a judgment for the fine
and the additional court costs against the violator . 88
At the October 11, 2010 Council session, Ms. Dilkes noted:
"[A] non scheduled, which is between $65 and $625, and the
problem with that is that people don't show up for their initial
appearance, a warrant goes out for their arrest and I don't
think that's what we want to do with smoking charges. "89 With the
alteration to a criminal misdemeanor, if the violator fails to
escape the penalty, a warrant, including the accompanying time
87 Email from Iowa City's City Attorney Eleanor Dilkes Feb. 12,
2013 (on file with author).
88 Id.
89 Transcription of Iowa City Council Special Work Session at 1
(Oct. 11, 2010) available at http://www.iowa -
city.org/Weblink/Docview.aspx?id= 1074628.
31
and resources spent on issuing a warrant, becomes wholly
unnecessary. 90
At the October 26, 2010 consideration of the amendment,
Councilmembers Mike Wright and Connie Champion added to Ms.
Dilkes reasoning for the amendment, stating that the impetus
behind the change from a civil to a criminal penalty was of a
practical nature.91 Ordinance 10 -4410 stated: "Municipal
citations require the police to carry different forms with them
and require the City to prepay the $85.00 filing fee. With
simple misdemeanors the forms are the same as used for
[Possession of Alcohol Under the Legal Age] and non - traffic
tickets and the $60.00 filing fee does not need to be prepaid. "92
That evening, ordinance number 10 -4410 passed by a unanimous
vote with only Ross Wilburn absent. 93
With the city having developed its smoking ordinances and
initiated a change from civil to criminal penalties, the only
thing left remaining was the city's approach to actual
90 Email from Iowa City's City Attorney Eleanor Dilkes Feb. 12,
2013 (on file with author).
91 Iowa City Council Agenda at 16 (Oct. 26, 2010) available at
http: / /www.iowa- city. org /weblink /DocView.aspx ?id= 1077899.
92 id.
93 Id.
32
enforcement. Part III evaluates Iowa City's non - smoking
enforcement procedures over a twenty -month time frame.
III. EVALUATION OF SMOKING VIOLATIONS IN THE PED MALL SPANNING A
TWENTY -MONTH TIME FRAME
This Part reviews data collected from citations issued for
smoking violations within the Ped Mall from April 2011 through
December 2013.99 Part III.A reviews the data, illustrates and
examines it, and then draws various conclusions from it. Part
III.B then discusses the first and only preemption case to be
filed against Iowa City, as it relates to the changeover from a
civil infraction to a criminal misdemeanor, and its
underwhelming conclusion.
A. A Reviewing the Compiled Data
Spanning a twenty -month time frame from April 2011 to
December 2012, Iowa City and University of Iowa police officers
issued 302 citations for smoking violations within the Ped
Mall.95 The University of Iowa Police Department issued 237
94 As of April, 2011, the Iowa City Police Department implemented
a new software program. Iowa City Police Department Clerk Jo
Farnsworth could only retrieve data within its system from this
date.
95 See infra Appx A. Data was compiled by acquiring the list of
citations covering the twenty -month period, then individually
investigating each citation through IowaCourtsOnline.gov.
33
smoking citations, whereas the Iowa City Police Department
issued 65 smoking citations, just 21.50 of the total.96 When
asked about the University of Iowa Police Department's issuance
of over four times that of Iowa City Police Department's,
Officer David Schwindt of the Iowa City Police Department
responded that the University of Iowa's officers walk in two -
person foot patrols that are specifically assigned to the
downtown Ped Mall property. 97 Iowa City police officers, on the
other hand, drive squad cars on the city streets outside the
confines of the Ped Mall and typically will not engage a smoking
violator directly unless the officers are responding to another
call and the smoking violation happens to occur directly in
front of the officer. 98 Therefore the University of Iowa police
are in a much better position to pursue smoking violations,
whereas for the Iowa City police, smoking citations are
typically a secondary response to another call.99 Specifically,
Officer Schwindt stated:
And if you see [a smoking violator] and you're driving
by the Library, there's always that hesitation of . .
96 Id.
97 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013).
98 Id.
99 Id.
34
. `Is it really worth stopping, blocking traffic,
turning on emergency lights to go out an approach this
person for smoking ?' So a lot of it, we just haven't
been proactively enforcing it because we were mobile
in a car, whereas the University, those guys were on
foot so they're right there and it's easy for them to
address. So I think it's easy for them to address.loo
But even with the combined efforts of both the University
of Iowa Police Department and the Iowa City Police Department,
several confusing time gaps exist in the overall enforcement.
The first gap comes after the final citation on April 30, 2011
to Brian Sulak, and then no smoking citations are issued again
until Trevor Scott Howland's issuance on July 7, 2011. This gap
results in more than two months of no enforcement during the
summer months when more smokers typically persist on Ped Mall
property than when compared to that of winter months.lol A second
month -long gap comes in August after a smoking violation to
Elizabeth Dawn Schulte on July 29, 2011, and then no smoking
violation is issued again until September 9, 2011 to Bryan Dae
Wickman, which is eventually dismissed by the Iowa City court 102
Another more than two -month gap comes between the smoking
citation issued to David Mendes on November 17, 2011 and the one
issued to Joseph Allen Wilcher on January 25, 2012, which is
ioo Id.
101 Interview with "Textiles" owner Ritu Jain (Apr. 5, 2013).
ioz The reason for dismissal is undetermined.
35
also eventually dismissed by the Iowa City court.103 Finally, the
last noticeable gap comes in the month of June 2012 when the
last citation issued in May was to Ericka Kimberly Richards on
May 31, 2012, but another was not issued until July 3, 2012 to
Michael John Whitney, Iowa City's prolific repeat offender with
six total citations spanning from just July 3, 2012 to November
19, 2012.
But even when removing the gaps and simply reviewing the
number of citations issued for the year of 2012, of the 232
citations issued in that year, a whopping 72.8% are generated in
just the first five months alone. And of the final 28.2%
generated in the last six months, 73% of those citations were
issued in just July and August. The resulting stop- and -go
enforcement, as explained by Officer Scwhindt, is two -fold: (1)
staffing limitations inhibit the number of response calls; and
(2) the department has not been as proactive with enforcement;
smoking violations fall lower on the department's list of
priorities for the city's officers while attending to other,
"more important," issues and violations.104
103 The reason for dismissal is undetermined.
104 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013) .
36
When considering the revenue smoking citations generate for
Iowa City, one important element to factor in is the actual cost
a violator must pay. Although the criminal misdemeanor lists the
fine at fifty- dollars, IowaCourtsOnline shows some offenders
paying the fifty- dollar fine, whereas others may pay 50% more at
seventy -five dollars. Additionally, to the $50 fine, a 35%
surcharge, or $17.50, is added plus $60.00 in court costs."' The
resulting tally comes to a total cost of $127.50 for a smoking
violation. However, this tally is only for individuals who make
an appearance at court. For those that fail to show up on their
appearance date, or have their citation move into collections,
the fines and fees can increase significantly.
When a smoking violator fails to show up in court on his or
her appearance date, the fine automatically increases to 150% of
the prior fine, or $75.106 Additionally, the same 35% surcharge
is added to the $75 fine, or $26.25, plus the $60.00 in court
costs.107 Therefore the new fine for a no -show increases from
$127.50 to a total cost of $161.25, or an additional 26.5% to
the original $127.50 total. Furthermore, if the offender fails
105 Interview with Assistant Iowa City City Attorney Susan Dulek
(Apr 5, 2013) .
106 id
107 id.
37
to pay the fine in a timely manner or fails to pay it at all,
the court sends the citation to collections, which automatically
incurs an additional 10% collection fee.108 Therefore no- show's
total fine of $161.25 increases an additional $16.13, for a
total payment for the smoking offense of $177.38.
Of all 302 citations issued in the twenty -month time span
evaluated, 111 or 36.80 of the violators failed to appear at
court; 63.2% appeared to either contest the violation and have
it dismissed, pay their citation in full, or defer payment to a
later date for lack of funds. In over twenty months, the total
revenue Iowa City generated from smoking violations — including
the fine, surcharge, and court - costs — amounted to approximately
$42,700, or $2,135 per month.
Surprisingly, within the twenty -month period, police
officers cited few repeat smoking violators. In fact, of all the
offenders, only six were repeat offenders. The data listed below
lists all the repeat offenders in the twenty -month time span.
NAME
DATE
JUDGE
FINE
ISSUER
Fudge,
Conor
Patrick
10/05/11
Goddard
$75.00
ICPD
Fudge,
Conor
Patrick
04/24/12
Egerton
$75.00
UI
Fudge,
Conor
Patrick
07/11/12
Martinek
$75.00
UI
Fudge,
Conor
Patrick
11/10/12
Egerton
$75.00
ICPD
Knaack,
Cody
Crystine
08/17/12
Martinek
$50.00
ICPD
Knaack,
Cody
Crystine
09/09/12
Martinek
$75.00
ICPD
Macpherson,
Ian Douglas
07/16/12
Rose
$75.00
UI
Macpherson,
Ian Douglas
10/06/12
Rose
$75.00
ICPD
108 Id.
M
Rasmussen, Donovan
03/20/12
Clerk
$50.00
UI
Rasmussen, Donovan
05/01/12
Clerk
$50.00
UI
Secrest,
Elisha Ai
10/04/11
Martinek
$75.00
ICPD
Secrest,
Elisha Ai
11/07/11
Goddard
$75.00
ICPD
Whitney,
Michael John
07/03/12
Martinek
$75.00
ICPD
Whitney,
Michael John
07/11/12
Martinek
$50.00
ICPD
Whitney,
Michael John
08/26/12
Clerk
$50.00
ICPD
Whitney,
Michael John
08/28/12
Clerk
$50.00
ICPD
Whitney,
Michael John
09/25/12
Minot
$50.00
ICPD
Whitney,
Michael John
11/19/12
Clerk
$50.00
ICPD
Just 12 of the 302 tickets issued, or 4 %, were to repeat
offenders. It can also be assumed that a University of Iowa
police officer will not know when an Iowa City police officer
issues a warning, and vice versa, to a specific individual since
the warnings are verbal and not documented. When accounting for
those offenses where University of Iowa Police issued a citation
and then a second citation was issued to the same offender by
Iowa City Police, the number of actual repeat offenders drops to
just 3.30 of the total number. Therefore, 290 citations were
issued to offenders who had not been cited for a smoking
violation in the past. These data could reflect that either each
of these individuals had already been warned not to smoke, then
each received a follow -up citation after violating the ordinance
a second time post - warning, or the offenders immediately
received a citation upon an officer's observance of the
violation without issuing a prior warning. Either way, the data
reflect that the initial discipline seems to deter 960 of the
39
offenders from violating the smoking ban a second time and being
caught. The data could also represent the fear an individual may
hold of possessing an additional criminal conviction on his or
her record.
In an interview, Iowa City's City Attorney Eleanor Dilkes
discussed the deterrent effects of issuing a criminal
misdemeanor versus a civil penalty. Although the change from a
civil infraction to a criminal misdemeanor might prove a more
efficient use of Iowa City's resources as described in Part
II.D, the fact that an offender now incurs a criminal record
should not be overlooked. When asked about the fact that younger
individuals, looking to start their life through the University
of Iowa's undergrad programs, who then want to apply to graduate
schools have to then deal with the blemish of a criminal record
due to a smoking violation, Ms. Dilkes responded:
We have that issue with a lot of things. Does a
[Possession of Alcohol Under the Legal Age violation],
for instance, on an undergraduate's record cause them
problems for graduate school and that kind of thing?
Based on the context we had with the law school and
medical school is that it really ultimately doesn't.
It's not that big of an issue, but it's certainly an
issue raised by student government.109
Such an argument seems somewhat spurious when considering the
balancing test invoked by most graduate school admissions
109 Interview with Iowa City City Attorney Eleanor Dilkes (Mar.
27, 2013) .
.$
offices. If a committee had to decide between two individuals of
equal qualifications and background, yet one had either a PAULA
or smoking misdemeanor and the other did not, it would seem that
a committee would most likely mitigate their expected risk and
choose the individual with the cleaner record. So, although the
infractions might not render one necessarily ineligible for
professional school, it does, however, make a bid for admission
that much harder for the individual to obtain and the
institution to accept.
When balancing the administrative benefits and the impact
of having a criminal record, while also considering the goals of
eradicating smoking from public areas such as the Ped Mall, it
seems that such a balancing test favors the city. Not only does
it generate more revenue for the city not to have the associated
administrative costs from issuing warrants and then having to
track down individuals for a smoking violation, but it also
incentivizes citizens to become more conscientious or even
proactive regarding the city's laws and ordinances.
Ms. Dilkes also added that current opportunities exist for
offenders to expunge their record of the criminal smoking
offense entirely. She stated:
And I think there have been times where the
administration has worked with the county attorney's
office and they have a diversion program for some
lower level crimes, where the county attorney will
defer prosecution, assuming certain things are done,
41
and so the charge doesn't get filed if those things
are done and it doesn't end up on their record.110
However, according to the data spanning the twenty -month
timeframe, only 7 of the 302 violations were ever dismissed, or
just 2.3% as highlighted below."'
NAME
DATE
JUDGE
FINE
ISSUER
Wickman,
Bryan Dae
09/09/11
DISMISSED
$0.00
ICPD
Wilcher,
Joseph Allen
01/25/12
DISMISSED
$0.00
UI
Stanfield, Stephen Allen
01/25/12
DISMISSED
$0.00
UI
Raeside,
Joseph Sullivan
01/26/12
DISMISSED
$0.00
UI
Fanning,
Maxwell
01/26/12
DISMISSED
$0.00
UI
Koolbeck,
Joshua David
05/01/12
DISMISSED
$0.00
ICPD
Bissing,
Douglas Scott
05/03/12
DISMISSED
$0.00
UI
Such a small percentage of dismissals would suggest three
considerations. First, offenders may not care to have their
criminal record expunged. They understand they have a criminal
record and they choose to take no action to have it removed.
Second, they may not be familiar with the differences between a
civil or criminal violation. To them a violation is the same,
whether civil or criminal, and they do not understand the
differences nor the ramifications of one over the other.
Finally, they may simply remain unaware that alternatives are
available to them to have their record expunged. They know they
have a criminal record, they understand what it means, but they
110 Id.
111 The reason for dismissal is undetermined.
42
do not have the necessary information to know what can be done
to have it removed or the citation dismissed. However, this
paper does not investigate the problems pertaining to the low
rate of dismissals.
Ms. Dilkes noted one additional advantageous deterrent for
changing the smoking violation to a criminal misdemeanor. If an
officer demands that an individual stop smoking, and the smoker
proceeds to ignore the officer and continue smoking, the officer
may arrest the offender. 112 Under a civil violation, an officer
could make no such arrest. 113 When presented to Officer Schwindt
about the afforded opportunity through a criminal misdemeanor,
he stated that even though it may look advantageous, no such
enforcement is ever acted upon.114 For instance, when a car is
pulled over for speeding, an officer issues a ticket, but the
offender refuses to sign a traffic ticket, the only alternative
option is for the officer to arrest the individual, take him
downtown to book them in jail, where the police department will
simply have him sign the ticket and then release them from jail.
112 id.
113 This notion ignores the fact that a resourceful officer may
always find a reason.
114 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013) .
43
Eventually the offender will sign the ticket, whether in front
of the officer or at the city jail, so once this option is
presented to the offender as the only other alternative, the
arrest is always avoided. 115 The same can be said for smoking
violations. Once an officer informs a smoker that he can be
arrested, compliance with the officer's request will most likely
always follow.
B. Preemption Issue Raised in Iowa City
When asked whether she foresaw any potential issues that
might crop up regarding preemption between the Smokefree Air Act
and Iowa City's ordinance, Ms. Dilkes responded, "We thought
about it, but didn't think it was an issue . ,,116 And this belief
would prove true when Iowa City met its first and only
preemption case since the Smokefree Air Act came into law. On
March 16, 2012, Nathan Hunter Handler, a prospective medical
student, who presently is a member of the Board of Directors of
the Iowa Civil Liberties Union, 117 was cited by a University of
115 Id.
116 Id.
117 http: / /www.aclu- ia.org /about /board -of- directors/ (last
visited:)
44
Iowa police officer for smoking a cigarette in the Ped Mall."'
Mr. Handler filed a Motion to Dismiss on the argument that the
city ordinance 6 -10 -2, which he was convicted for violating, was
preempted by the Iowa Code Chapter 142D.119 Section 6- 10 -1(C),
and the focus of this case, specifically states: "It is illegal
to smoke in a smoke free place. Pursuant to HF 2212, section 5,
to be codified at section 142D.5 of the Iowa Code, the city
declares the following areas to be smoke free places: City Plaza
except the public alleys. `City Plaza' is defined in section 10-
5 -2 of this code . ,,120
At the bench trial to rule on the Motion to Dismiss, Judge Minot
noted that Iowa Code Section 364.1 provides:
A city may, except as expressly limited by the
Constitution of the State of Iowa, and if not
inconsistent with the laws of the general assembly,
exercise any power and perform any function it deems
appropriate to protect and preserve the rights
privileges, and property of the city or of its
residents, and to preserve and improve the peace,
safety, health, welfare, comfort, and convenience of
its residents . . . . „121
118 Stipulation of Facts, Iowa City v. Handler, No. ICSMSM089140
(Aug. 31, 2012) .
119 Id.
120 Iowa City Code § 6 -10 -1 (C) .
121 Ruling on Motion to Dismiss, Iowa City v. Handler, No.
ICSMSM089140 (Aug. 31, 2012).
45
The court stated that the ability to "exercise any power"
additionally included the power to pass ordinances, which are
only limited by their inability to increase the fine and term of
imprisonment for a simple misdemeanor over that as imposed by
the State of Iowa, and as reflected in section 903.1(1)(a).122
The Court concluded:
The Court finds (1) that the City Plaza located in
downtown Iowa City is not a public outdoor area
specifically designated in Iowa Code Chapter 142D; (2)
that Chapter 142D does not expressly prohibit local
governments from enacting anti - smoking ordinances; (3)
that regulation of smoking by a local government is a
function that may "preserve the . . . property of the
city . . . and . . . preserve and improve the . . .
safety, health, welfare, [and] comfort . . . of its
residents;" (4) that Chapter 142D and the Iowa City
anti - smoking ordinances can co -exist harmoniously; and
(5) that the scheduled fine of $50 is within the
allowable mandatory fine for a simple misdemeanor
offense. Therefore, the Court finds that the doctrine
of state preemption does not apply and the Iowa City
Council was well within its constitutional and
statutory authority when it enacted Iowa City Code
Sections 6 -10 -1, 6 -10 -2 and 10 -6 -2,123
Mr. Handler never appealed the court's conclusive ruling.
When comparing the preemption issue of 2003 to Mr.
Handler's case, the comparable distinction lies in the language
of the laws themselves. Iowa Code section 142B.2 stated that
"[S]moking areas may be designated by persons having custody or
control of public places, except in places in which smoking is
122 Id.
123 Id.
E,
prohibited by the fire marshal or by other law, ordinance, or
regulation. ,124 However, later in the Code, section 142B.6 stated
"for the purpose of equitable and uniform implementation,
application, and enforcement of state and local laws and
regulations, the provisions of this chapter shall supersede any
local law or regulation which is inconsistent with or conflicts
with the provisions of this chapter. ,125 So although section
142B.2 would allow Iowa City to designate places such as the Ped
Mall, since it has control over the property and it had not been
prohibited by a prior state law or ordinance, section 146B.6
contravenes that notion by saying that the chapter would
otherwise supersede an Iowa City ordinance banning smoking in
the Ped Mall. When the court ruled on whether the state law
preempted the Ames smoking ordinance, it stated that when such a
conflict arises in the writing of a law, because section 142B.6
was written in 1990 and came after section 142B.2, which was
written in 1987, the later provision will govern all prior
provisions. 126 However in Mr. Handler's case, the Smokefree Air
Act offers no such limiting, preemptive language, and thus
allows municipalities to enact their own non - smoking ordinances
124 Iowa Code § 142B.2 (2001) (emphasis added).
125 Iowa Code § 142B.6.
126 James v. City of Ames, 661 N.W.2d 150, 153 -54 (Iowa, 2003).
47
as they see fit.
Although Ms. Dilkes has personally observed individuals
smoking at the Ped Mall, and violating a city ordinance that she
authored, she believes it is not her job as City Attorney to
engage the public and inform them that they are violating the
law. 127 It is notable that the State allows a simple misdemeanor
punishable by a maximum fine of $625, as allowed under section
364.3(2). As such, the City Council has the ability to increase
the fine of the offense up to, but not exceeding, the maximum
fine of $625. Since Ms. Dilkes has observed smokers violating
the non - smoking ordinance herself, when asked whether increasing
the fine to $625 would act as additional incentive and
deterrent, Ms. Dilkes stated:
We haven't heard from the police
increase the fine. Normally that
increase the fine will come from
actually doing the enforcement.
who work for me [and] who handle
over there, if they would notice
an issue . . . but it's not been
attention. 128
department to
initiative to
the people who are
Dr if the attorneys
simple misdemeanors
that there would be
brought to my
As Part IV describes below, the infrequency of smoking citations
at the Ped Mall within the past three months would initially
argue against an increase in the fine from its current fifty-
127 Interview with Iowa City City Attorney Eleanor Dilkes (Mar.
27, 2013) .
128 Id.
M
dollar amount. However the daily number of violations does not
reflect the number of violations after hours.
IV. The Ped Mall's Last Two Months
In the past two months alone, the Ped Mall has experienced
a considerable drop in smoking violations. This Part discusses
the involvement of business owners' voluntary payment of
additional property taxes in exchange for a more focused
enforcement and an officer's own experiences with the Ped Mall
as his permanent beat.
As stated above in Part III.A, the Iowa City police
officers were mostly relegated to their squad cars and would
typically engage individuals at the Ped Mall only if responding
to a call that brought them in front of a smoking offender.' 29
Business owners desired more attention to their storefronts,
specifically to the panhandling and smoking violations that were
continuing to pose issues to their respective businesses . 130
Without officers to directly enforce the ordinances, business
owners were left to their own "educational" devices, which
mostly involved personally confronting violators themselves.131
129 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013); see also supra Part III.A.
130 Interview with "Textiles" owner Ritu Jain (Apr. 5, 2013).
131 Id.
49
At this time, the Iowa City Police Department was dealing with
staffing issues, yet the confrontations between smoking
violators and business owners generated additional problems with
"keeping the peace." 132 To alleviate both problems, the Iowa City
Police Department applied for a federal grant, which would
provide employment for an additional officer. 133 The terms of the
federal grant, however, would pay only 750 of both the salary
and benefits for the officer for the first three years of his
employment . 134 The remaining 250 of the salary and benefits would
come from the city budget. 135 Because the city was finding it
difficult to find the funds to make up the 25% difference, the
Iowa City Downtown District created a Self- Supported Municipal
Improvement District ( "SSMID ") fund. 136 The sources of this fund
derived from a voluntary additional to property tax paid by the
132 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013) .
133 Id.
134 id.
135 Id.
136 Iowa City, Iowa, Resolution No. 12 -460 (Oct. 16, 2012). The
Resolution additionally includes the Iowa City Downtown
District's Operating Budget Summary for FY 2013.
50
business owners located within the Ped Mall .137 Once compiled,
the tax fund contributed an additional $10,000 per year towards
the remaining 25% obligation owed by the city, which would
minimize the hit to the city's budget.' 38 Officer David Schwindt
started his new Ped Mall beat the end of January 2013,139
Officer Schwindt works six days per week walking his beat.
Because he need not respond to other calls around the city,
which squad units respond to, he can now address some of the
more minor crimes affecting the Ped Mall. In his first two
months at the Ped Mall, Officer Schwindt has written only two
smoking citations .140 His reasoning for such low numbers is that
his overarching goal is to make the entire Ped Mall a more
inviting place .141 The means to that goal walk a fine line
between enforcing the laws and also allowing people the
137 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013); interview with "Textiles" owner Ritu Jain (Apr. 5,
2013) .
138 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013) .
139 Id.
140 Id.
141 Id.
51
opportunity to follow them voluntarily. 142 Although he has issued
only two citations in the past two months for smoking
violations, in that same time he estimates that he has issued
approximately forty warnings . 143 But it should not be overlooked
that the Smokefree Air Act has been law since 2008 and the Ped
Mall has been non - smoking since 2010. When asked whether the
public should be considered already sufficiently informed,
Officer Schwindt responded:
I think they know, but I think they're not used to it
being enforced, so they're used to getting away with
it. And I'm trying to walk that fine line of I could
go down there and write tickets all day long, but does
it make the world a better place when I can get that
same voluntary compliance by giving them a warning and
saying, "We are going to be down here [from now on]
and enforcing it. "144
However, Officer Schwindt emphasized that he is not a
pushover. Should he see an individual smoking, issue them a
warning, then come back three hours later only to see them
violating the ordinance a second time, he does immediately cite
them. 145 Additionally, along with the warning, Officer Schwindt
provides a double -sided informational pamphlet, which includes a
map of the designated non - smoking areas in and around the Ped
142 Id.
143 Id.
144 Id.
145 Id.
52
Mall, and on the backside includes the itemized smoke -free zones
as designated under Iowa City Code 6 -10 -1; the definition of
"City Plaza" as defined under Iowa City Code 10 -5 -2; and the
definition of "Sidewalk Cafe" as defined under Iowa City Code
10 -3 -1.196 Although the informational pamphlet and the verbal
warning are for those who are unfamiliar with the city's non-
smoking ordinance, Officer Schwindt stated:
If I come across somebody who I know is a regular,
lives in town, knows there's no smoking and then takes
a cigarette, throws it down, and then stomps on it
when I walk up. "You knew it wasn't right, so this
isn't an ignorance issue." I'll probably write a
ticket up for something like that . 147
The types of people at the Ped Mall may also play a role in
whether to issue citations or warnings. Officer Schwindt
estimates that the large majority of offenders are actually out-
of- towners in their thirties or forties who take a cigarette
break outside their hotel at Hotel Vetro or on the sidewalk
between the Library and Linn Street. 148 And because his hours are
business to early dinner hours, there are a lot fewer violators
at that time, particularly violators from the University of
146 See infra Appx. B.
147 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013) .
148 Id.
53
Iowa, who he estimates comprises fewer than 50 of his offenders.
As Officer Schwindt states:
But you go down to the Ped Mall during bar hours,
there's going to be University of Iowa students
smoking all over the Ped Mall. But at that time of
day, the officers are in their cars and they're not on
foot so much. And when they are on foot, they're down
there to suppress violent crimes, so they're not there
to write tickets for smoking. 149
Another interesting consideration, soon to be rectified, is
the fact that the current Iowa City Police Department does not
have a response call -type for a smoking violation.' 50 When an
officer responds to a call, whether a violation for panhandling,
indecent exposure, or vandalism, each response has its
coordinating call-type. 151 Without a call -type for a smoking
violation, the only way to compile data on responses to smoking
violations would require opening and reviewing directly each
citation the officer issued. 152 On March 27, 2013, Officer
Schwindt filed a request to the Joint Communications Center to
generate a smoking- violation call -type in an effort better log
and categorize the data of his responses. 153
149 Id.
150 Id.
151 id.
152 Id.
153 Id.
54
With regard to the overall affect of Officer Schwindt's
presence, Textiles' business owner Ritu Jain believes that the
smoking violations have reduced in number.154 As a contributor to
the SSMID fund and an advocate for making the entirety of the
Ped Mall non - smoking, Ms. Jain has a direct interest in seeing a
decrease in violations. She believes that in addition to Officer
Schwindt's presence, the numerous non - smoking signs plastered
across the Ped Mall act as additional effective deterrents.' 55
The Ped Mall currently packs thirty -three signs within its
boundaries.' 56 presently, there exist seven no- smoking signs
between Clinton Street and the Sheraton, fourteen no- smoking
signs between Washington Street and Plaza Center One, one no-
smoking sign in front of the Sheraton Inn, and four no- smoking
signs at the entrance of the Library just before the end of the
Ped Mall near Linn Street. Additionally, there exist seven signs
on the sidewalk going up Linn Street and four large maps that
state that smoking is prohibited and clearly designate the non-
154 Interview with "Textiles" owner Ritu Jain (Apr. 5, 2013).
155 Id.
156 The author visited the location, walked the Ped Mall, and
counted all visible no- smoking signs and no- smoking maps on
April 5, 2013.
6'i.'7
smoking boundaries; the same map Officer Schwindt hands to
violators as he issues a warning.
Between March 27, 2013 and April 5, 2013, Officer Schwindt
issued only one
a University of
had walked from
the Ped Mall."'
then sent her of
warning and two citat
Iowa student, walking
the allowable smoking
He warned her just in
z her way along with a
Lons.157 The warning went to
on her way to class, who
zone on Linn Street into
front of Hotel Vetro and
pamphlet. 15 9 The two
citations went to two individuals on April 4, 2013 who lit up
cigarettes just outside Mondo's Saloon, near Clinton Street.
Officer Schwindt stated that they were both locals, aged twenty-
six and fifty -four, who had each received warnings from Officer
Schwindt in the past. 161 For the six hours between twelve -noon
and six - o'clock PM, the author witnessed no smoking violators
walking around the Ped Mall, however the two planter pots
outside Mondo's Saloon were filled with cigarette butts,
supporting Officer Schwindt's statement that during bar times
157 Interview with Iowa City Police Officer David Schwindt (Mar.
27, 2013).
158 Id.
159 Id.
160 Id.
161 Id
I.Y7
and after bar closings, numerous University of Iowa students
smoke at the Ped Mall . 162
With Officer Schwindt regularly walking the Ped Mall for
the past two months, the public space has experienced a
significant reduction in smoking violations during business and
early evening hours. However once Officer Schwindt ends his day,
University of Iowa students flood the Ped Mall in large numbers,
which overwhelm the University of Iowa two -by -two teams who are
simply there to keep the peace. If Iowa City is serious about
banning all smoking at the Ped Mall so as to safeguard others
from secondhand smoke, then the city should make that its next
priority.
CONCLUSION
Iowa City has made considerable strides in regulating the
smoking in its Ped Mall since Iowa passed the Smokefree Air Act
in 2008. The city not only banned smoking across the entirety of
the Ped Mall, but also made the fine a criminal misdemeanor
instead of a civil violation. The city also increased the fine
for the littering of cigarette butts to $300 per incident. But
although the city passed ordinances to effectively eradicate
smoking at the Ped Mall, their efficacy remains limited by the
police officers' ability to enforce them; the Iowa City Police
162 See infra Appx . C.
57
Department has neither enough officers nor the budget to remain
vigilant.
Ped Mall business owners created a fund to subsidize the
police department's budget for a Ped Mall beat -cop. For the past
three months not only has a dedicated officer walked the Ped
Mall, resulting in a considerable drop in smoking violations,
but he has also submitted a request for a response call through
the department to better log and track smoking violations.
Unfortunately, the Ped Mall only benefits from this direct
enforcement during the daytime hours, as no such resources is
presently available at night. As a result, many smokers continue
to violate the city's smoking ordinances at that time, and thus
significantly impede the ability of non - smokers to avoid second-
hand smoke and potential health risks later in life.
If the goal of Iowa City's smoking ordinances is to protect
citizens from the potential health impact of second -hand smoke,
why are daytime hours more important than nighttime hours? Is
the only recourse for citizens who wish to walk the Ped Mall at
night to start a fund as the Ped Mall business owners did for
the daytime hours? Reviewing the revenue that was generated by
the city for smoking violations over the course of twenty
months, or approximately $2,135 per month (not including
potential littering violations), the city could potentially hire
a temporary nighttime unit to issue citations until the revenue
W
generated was no longer self - sustaining. The worry about citing
out -of- towners would also decrease since the majority of Ped
Mall visitors at that night are University of Iowa students who
should already know the law. Not only would it curb violators
during the nighttime hours, but it would also allow the larger
majority of non - smokers the enjoyment of experiencing the Ped
Mall without being forced to confront second -hand smoke.
The Iowa City Police Department should also consider
working with the city attorney to increase the fine for a
smoking violation from $50 to $100. Doubling the fine would
provide supplementary revenue for the city, which could be used
to dedicate an additional Ped Mall officer at night for those
problem areas. Further, the increased fine could also act as an
added deterrent by hitting violators (and recurring daytime
violators) harder in the pocketbook.
Obviously the intended goal is not to generate revenue, but
ban smoking at the Ped Mall entirely, daytime and nighttime, as
the ordinances require. These solutions should only require
short -term, highly centralized attention until the problem is
resolved, however given that the college model is one of
constant turnover, smoking enforcement might be better served in
the fall months when new freshman and transfer students arrive
on campus. Immediate education with fliers, such as the ones
created by Officer Schwindt, might deter the need for harsher
59
enforcement later, and thus keep confrontation at the Ped Mall
to a minimum. Perhaps a happy medium might entail education in
the fall months with citations issued in the spring and summer
months.
Whatever the direction Iowa City chooses, the fact remains
that additional enforcement is required at the Ped Mall at
night. Non - smokers are still plagued by smokers who continue to
violate the city ordinances, and thus risk the potential health
effects of second -hand smoke. If the goal of the city was to
offer enjoyment for all who visit the Ped Mall, the city
continues to limit itself by not streamlining the enforcement
behind its ordinances.
.1
APPENDIX A
61
COURT
NAME
DATE
JUDGE
FINE
TOTAL
COSTS
ISSUER
Baney, Andrew Joseph
04/16/11
Goddard
$75.00
$161.25
$86.25
ICPD
Wofford, Jeremy Scott
04/16/11
Clerk
$50.00
$127.50
$77.50
ICPD
Faust, Jeremy Lowell
04/17/11
Goddard
$75.00
$161.25
$86.25
ICPD
Ioannacci, Colin M
04/17/11
Goddard
$75.00
$177.38
$102.38
ICPD
Wyman, Kyle Michael
04/17/11
Goddard
$50.00
$127.50
$77.50
ICPD
Yates, Christopher
04/17/11
Goddard
$75.00
$161.25
$86.25
ICPD
Biagi, Taylor Nicole
04/30/11
Goddard
$75.00
$161.25
$86.25
ICPD
Carroll, Michael Joseph
04/30/11
Goddard
$50.00
$127.50
$77.50
ICPD
Osgood, Eric S
04/30/11
Clerk
$50.00
$127.50
$77.50
ICPD
Sulak, Brian
04/30/11
Clerk
$50.00
$127.50
$77.50
ICPD
Howland, Trevor Scott
07/07/11
Minot
$60.00
$137.50
$77.50
ICPD
Lucas, Benjamin James
07/07/11
Minot
$50.00
$127.50
$77.50
ICPD
Nguyen, Vy
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Duong, Chi Hong
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Finucan, Amanda Marie
07/07/11
Goddard
$50.00
$127.50
$77.50
UI
Woodin, Adam David
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Clark, Ashley Michelle
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Hampton, Derek Charles
07/07/11
Goddard
$75.00
$177.38
$102.38
UI
Daly, Bernard William
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Hadden, Derek Ryan
07/07/11
Egerton
$75.00
$161.25
$86.25
UI
Wittgraf, George William
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Fobes, Grace Sueann
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
FlasPohler, Richard Allen
07/07/11
Goddard
$75.00
$177.38
$102.38
UI
Zehr, Nathan Jesse
07/07/11
Goddard
$50.00
$127.50
$77.50
UI
Boeckenstedt, Dustin James
07/07/11
Goddard
$50.00
$127.50
$77.50
UI
McFarland, Tyler Wade
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Hahn, Katie Elizabeth
07/07/11
Clerk
$50.00
$127.50
$77.50
UI
Ingram, Ernest Demetrius
07/07/11
Goddard
$75.00
$177.38
$102.38
UI
Krueger, Lee Brant
07/08/11
Goddard
$75.00
$161.25
$86.25
UI
Dunbar, Donald Edwin
07/08/11
Stein
$50.00
$130.35
$80.35
UI
Taylor, Cindee Marie
07/08/11
Goddard
$75.00
$177.38
$102.38
UI
Bickel, LindsyJosephine
07/08/11
Clerk
$50.00
$127.50
$77.50
UI
Tegethoff, Curtis Alan
07/08/11
Clerk
$50.00
$127.50
$77.50
UI
Caruso, Clair Christine
07/08/11
Clerk
$50.00
$127.50
$77.50
UI
Kinney, Allison Ellen
07/08/11
Clerk
$50.00
$127.50
$77.50
UI
Cook, Steven Kenneth
07/08/11
Goddard
$75.00
$161.25
$86.25
UI
Rueschenberg, Colby Gerard
07/08/11
Goddard
$75.00
$177.38
$102.38
UI
McKee, Colin Fletcher
07/08/11
Clerk
$50.00
$127.50
$77.50
UI
Salameh, Taleb Hussein Yousef
07/09/11
Martinek
$50.00
$127.50
$77.50
UI
61
McDonald, Colin Michael
07/09/11
Clerk
$50.00
$127.50
$77.50
UI
Muldoon, Matthew Patrick
07/09/11
Goddard
$75.00
$177.38
$102.38
UI
Campos, Phillip Anthony
07/09/11
Clerk
$50.00
$127.50
$77.50
UI
Trachta, Jeffrey David
07/09/11
Clerk
$50.00
$127.50
$77.50
UI
Johnson, Jeremy Alexander
07/10/11
Goddard
$50.00
$127.50
$77.50
ICPD
Phillips, Chrisopher Charles
07/10/11
Goddard
$75.00
$161.25
$86.25
ICPD
Schulte, Jordan David
07/29/11
Martinek
$75.00
$161.25
$86.25
UI
Schulte, Elizabeth Dawn
07/29/11
Clerk
$50.00
$127.50
$77.50
UI
Wickman, Bryan Dae
09/09/11
DISMISSED
$0.00
$66.00
$66.00
ICPD
Morse, Mallory McKay
09/16/11
Clerk
$50.00
$50.00
$0.00
ICPD
Olson, Ellen Elizabeth
09/16/11
Clerk
$50.00
$127.50
$77.50
ICPD
Thompson, Daniel Lawrence
09/17/11
Martinek
$75.00
$177.38
$102.38
ICPD
Hammes, Alexander James
09/23/11
Stein
$75.00
$161.25
$86.25
UI
Haigh, Dustin John
10/01/11
Stein
$50.00
$127.50
$77.50
ICPD
Secrest, Elisha Ai
10/04/11
Martinek
$75.00
$177.38
$102.38
ICPD
Devlin, Erin Collene
10/05/11
Goddard
$75.00
$177.38
$102.38
ICPD
Evans, Nathan Joseph
10/05/11
Clerk
$50.00
$127.50
$77.50
ICPD
Evans, Tyler John
10/05/11
Stein
$100.00
$195.00
$95.00
ICPD
Fudge, Conor Patrick
10/05/11
Goddard
$75.00
$177.38
$102.38
ICPD
Neal, Taffiana Denise
10/05/11
Egerton
$50.00
$140.25
$90.25
ICPD
Alexander, Brian Keith
10/11/11
Stein
$75.00
$101.25
$26.25
ICPD
Clark, Sarah Lynn
10/11/11
Stein
$75.00
$101.25
$26.25
ICPD
Bormann, Wade Michael
10/22/11
Stein
$75.00
$193.51
$118.51
ICPD
Aprile, Mark Orland
10/27/11
Goddard
$75.00
$177.38
$102.38
ICPD
Bissell, Kevin Michael
10/29/11
Clerk
$50.00
$127.50
$77.50
ICPD
Secrest, Elisha Ai
11/07/11
Goddard
$75.00
$177.38
$102.38
ICPD
Mineart, Nicholas Vincent
11/12/11
Minot
$50.00
$140.25
$90.25
ICPD
Pritchett, Devin Scott
11/12/11
Egerton
$75.00
$161.25
$86.25
ICPD
Flood, Christopher Anthony
11/13/11
Minot
$50.00
$140.25
$90.25
ICPD
Gartner, Trey James
11/17/11
Egerton
$75.00
$161.25
$86.25
UI
Mendes, David P W
11/17/11
Egerton
$75.00
$177.38
$102.38
UI
Wilcher, Joseph Allen
01/25/12
DISMISSED
$0.00
$60.00
$60.00
UI
Stanfield, Stephen Allen
01/25/12
DISMISSED
$0.00
$60.00
$60.00
UI
Ozkok, Bahattin
01/25/12
Clerk
$50.00
$127.50
$77.50
UI
Bolby, Stephanie Marie
01/25/12
Clerk
$50.00
$127.50
$77.50
UI
Dial, Kenton Carrice
01/25/12
Clerk
$50.00
$127.50
$77.50
UI
Lerch, Lance Tory
01/25/12
Clerk
$50.00
$127.50
$77.50
UI
Erwin, Eric Albert
01/25/12
Martinek
$75.00
$177.38
$102.38
UI
Youngblut, Cory Dan
01/25/12
Martinek
$75.00
$166.38
$91.38
UI
Dominguez, Jaqueline
01/25/12
Clerk
$50.00
$127.50
$77.50
UI
Quintana, Osualdo Enrique
01/25/12
Martinek
$75.00
$177.38
$102.38
UI
Meyers, Jordan John
01/26/12
Smolik
$50.00
$127.50
$77.50
UI
Popp, Alyson Whitney
01/26/12
Clerk
$50.00
$127.50
$77.50
UI
62
Kunz, Jenna Lynn
01/26/12
Clerk
$50.00
$127.50
$77.50
UI
Raeside, Joseph Sullivan
01/26/12
DISMISSED
$0.00
$60.00
$60.00
UI
Owen, Bailey Jean
01/26/12
Martinek
$75.00
$177.38
$102.38
UI
Squires, Ian Andrew
01/26/12
Martinek
$75.00
$177.38
$102.38
UI
Jensen, Jaclyn Susan
01/26/12
Martinek
$75.00
$161.25
$86.25
UI
Fanning, Maxwell
01/26/12
DISMISSED
$0.00
$60.00
$60.00
UI
Weissenberger, Bradley Richard
02/02/12
Clerk
$50.00
$127.50
$77.50
UI
Sieverding, Audrey Ann
02/02/12
Clerk
$50.00
$127.50
$77.50
UI
Weissenberger, Todd Matthew
02/02/12
Clerk
$50.00
$127.50
$77.50
UI
Lampe, Amanda Katelyn
02/02/12
Martinek
$75.00
$177.38
$102.38
UI
Spencer, Tiffany S
02/02/12
Martinek
$75.00
$177.38
$102.38
UI
Nuno, Gabriel Dylan
02/02/12
Martinek
$75.00
$177.38
$102.38
UI
Rodl, Mark Stephen
02/02/12
Martinek
$75.00
$177.38
$102.38
UI
Martin, Ian Benjamin
02/02/12
Clerk
$50.00
$50.00
$0.00
UI
Beatty, Afrika Clarice
02/05/12
Martinek
$50.00
$135.25
$85.25
UI
Vanfossen, Hannah Leigh
02/05/12
Leinen
$50.00
$134.75
$84.75
UI
Christensen, Ryan Thomas
02/05/12
Clerk
$50.00
$127.50
$77.50
UI
Parsons, Christopherponald
02/06/12
McQuillen
$50.00
$127.50
$77.50
UI
Slaubaugh, Travis Wayne
02/06/12
Egerton
$75.00
$177.38
$102.38
UI
Thirnbeck, Tyler Gregory
02/06/12
Clerk
$50.00
$127.50
$77.50
UI
Malloy, Michael Thomas
02/06/12
Egerton
$75.00
$161.25
$86.25
UI
Weld, David Rovane
02/10/12
MISSING
$0.00
UI
Johnson, Griffin Gerald
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Lee, Sanghyeop
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Schwarz, Matthew James
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Meany, Ross Robert
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Choi, Pilk Young
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Mueller, William Blake
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Hartsock, Kurtis Ryan
02/10/12
Egerton
$75.00
$161.25
$86.25
UI
Haley, Kyle John
02/10/12
Leinen
$50.00
$127.50
$77.50
UI
Dandridge, Jessica Leigh
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Meister, Kory James
02/10/12
Stein
$75.00
$177.38
$102.38
UI
Harper, Jake E
02/10/12
Clerk
$50.00
$127.50
$77.50
UI
Sy, Abou
02/11/12
McQuillen
$178.00
$330.00
$152.00
UI
Conway, Daniel Moore
02/13/12
Clerk
$50.00
$127.50
$77.50
UI
Strimel, Allison
02/13/12
Egerton
$75.00
$177.38
$102.38
UI
Haye, Laurence James
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
Hayes, Matthew Laurence
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
Shannon, Mikel James
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
Levetzow, Eric Nolan
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
Corrick, Samantha Sue
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
Hoyt, Justin Luke
02/19/12
McQuillen
$50.00
$140.25
$90.25
UI
Brown, Allison Marie
02/19/12
Clerk
$50.00
$127.50
$77.50
UI
63
Wagner, Brian Anthony
02/20/12
Clerk
$50.00
$161.25
$110.25
UI
Schoepp, Jared Robert
02/23/12
Stein
$75.00
$177.38
$102.38
UI
Harms, Jordan Steven
02/23/12
Clerk
$50.00
$161.25
$111.25
UI
Sommer, Adam Jordan
02/23/12
Clerk
$50.00
$127.50
$77.50
UI
Kalra, Vijay Kumar
02/23/12
Clerk
$50.00
$127.50
$77.50
UI
Regan, Mitchell Patrick
02/24/12
Clerk
$50.00
$127.50
$77.50
UI
Burgett, Sarah Beth
02/24/12
McQuillen
$50.00
$127.50
$77.50
UI
Cunningham, Jane Julia
02/25/12
Smolik
$50.00
$127.50
$77.50
UI
Marsik, Mark Joseph
02/25/12
Stein
$75.00
$177.38
$102.38
UI
Monfils, Phillip Ryan
02/25/12
Clerk
$50.00
$127.50
$77.50
UI
Davalle, Michael John
02/25/12
Stein
$75.00
$161.25
$86.25
UI
Ardestani, Maria Meaghan
02/25/12
Stein
$135.00
$237.38
$102.38
UI
Dunnc, Molly M
02/25/12
Clerk
$50.00
$127.50
$77.50
UI
Deutsch, Sara
02/25/12
Martinek
$75.00
$161.25
$86.25
UI
Fries, Seth Joseph
02/25/12
Martinek
$75.00
$161.25
$86.25
UI
Truesdell, Matthew Ray
02/25/12
Clerk
$50.00
$127.50
$77.50
UI
Flannery, Shanon Lee
02/26/12
McQuillen
$75.00
$161.25
$86.25
UI
Moriarty, Joseph James
02/26/12
Martinek
$75.00
$161.25
$86.25
UI
Ordway, Lisa M
02/26/12
Clerk
$50.00
$127.50
$77.50
UI
Mikla, Christopher Allen
02/26/12
Smolik
$50.00
$127.50
$77.50
UI
Smith, Aaron Damond
02/26/12
Smolik
$50.00
$127.50
$77.50
UI
Picard, Michael David
02/27/12
Clerk
$50.00
$50.00
$0.00
UI
Dolch, Tyler Scott
03/01/12
McQuillen
$75.00
$161.25
$86.25
UI
Thallas, Lucas Matthew
03/01/12
Clerk
$50.00
$127.50
$77.50
UI
Matuszeski, Taylor James
03/01/12
Clerk
$50.00
$127.50
$77.50
UI
Hollinger, Cody John
03/01/12
Clerk
$50.00
$127.50
$77.50
UI
Shaver, Patrick Scott
03/08/12
Clerk
$50.00
$50.00
$0.00
UI
Wade, Derek Thomas
03/09/12
Martinek
$75.00
$161.25
$86.25
UI
Garcia, Jesse
03/09/12
Stein
$50.00
$140.25
$90.25
UI
Murphy, Kody Michael
03/09/12
Stein
$50.00
$127.50
$77.50
UI
McGuire, Patrick James
03/09/12
Stein
$50.00
$140.25
$90.25
UI
Handler, Nathan Hunter
03/16/12
Minot
$50.00
$127.50
$77.50
UI
Severson, Monica Anne
03/16/12
Clerk
$50.00
$127.50
$77.50
UI
Grask, Lauren Elizabeth
03/16/12
Clerk
$50.00
$127.50
$77.50
UI
Heinze, Matthew Studer
03/16/12
Clerk
$50.00
$127.50
$77.50
UI
Freidler, Andre
03/16/12
Stein
$75.00
$177.38
$102.38
UI
Cutler, Jordan William
03/16/12
Clerk
$50.00
$127.50
$77.50
UI
Coffey, Blake Edward
03/17/12
Leinen
$50.00
$140.25
$90.25
UI
Wirtz, Adam Wesley
03/17/12
Leinen
$50.00
$140.25
$90.25
UI
Macek, Chad Maxwell
03/17/12
Egerton
$75.00
$177.38
$102.38
UI
Kleen, Taylor James
03/17/12
Clerk
$50.00
$128.00
$78.00
UI
Carter, James Michael
03/17/12
Clerk
$50.00
$127.50
$77.50
UI
Parker, Ryan Teakeo
03/17/12
Clerk
$50.00
$127.50
$77.50
UI
64
Clennon, Kelly Matthew
03/20/12
Clerk
$50.00
$127.50
$77.50
UI
Rasmussen, Donovan
03/20/12
Clerk
$50.00
$127.50
$77.50
UI
Kleist, Guido Michael
03/20/12
Clerk
$50.00
$127.50
$77.50
UI
Janes, Shawn Alan
03/21/12
McQuillen
$75.00
$177.38
$102.38
UI
McKnicght Nathaniel Charles
03/21/12
Martinek
$75.00
$177.38
$102.38
UI
Sweet, Laura Jane
03/21/12
Clerk
$50.00
$127.50
$77.50
UI
Clark, Joshua Ryan
03/22/12
Clerk
$50.00
$127.50
$77.50
UI
Lynch, Michael Casey
03/22/12
Clerk
$50.00
$127.50
$77.50
UI
Rosenbloom, Raia Nicole
03/30/12
Clerk
$50.00
$127.50
$77.50
UI
Rogers, Patrick Matthew
03/30/12
Clerk
$50.00
$127.50
$77.50
UI
Scieszinski, Gregory Gerard
03/31/12
Clerk
$50.00
$161.26
$111.26
UI
Jaminski, Tyler Paul
03/31/12
Clerk
$50.00
$127.50
$77.50
UI
Soskin, Samuel Shea
03/31/12
Clerk
$50.00
$127.50
$77.50
UI
Kirkpatrick, Daniel
03/31/12
Clerk
$50.00
$127.50
$77.50
UI
Steuck, Joseph Timothy
03/31/12
Martinek
$75.00
$177.38
$102.38
UI
Jones, Bobby Ray
04/01/12
Martinek
$75.00
$177.38
$102.38
UI
Balasundaram, Pradeep
04/01/12
Clerk
$50.00
$127.50
$77.50
UI
Jenness, Brett Stephen
04/01/12
Clerk
$50.00
$127.50
$77.50
UI
Steinke, Christopher Scott
04/02/12
Martinek
$75.00
$177.38
$102.38
UI
Render, Aaron Andrew
04/02/12
Martinek
$75.00
$161.25
$86.25
UI
Singh, Devan Raj
04/06/12
Gerard II
$50.00
$127.50
$77.50
ICPD
Butler, Tanner John
04/08/12
Martinek
$50.00
$140.25
$90.25
UI
Whittlesey, Cooper Lee
04/11/12
Stein
$75.00
$177.38
$102.38
ICPD
Zalabak, Robert Louis
04/19/12
Egerton
$75.00
$177.38
$102.38
UI
Roses, Arthur Lawrence
04/19/12
Egerton
$75.00
$177.38
$102.38
UI
Lydon, Coleman James
04/19/12
Egerton
$50.00
$127.50
$77.50
UI
Alvarez, Nick
04/19/12
Egerton
$50.00
$135.25
$85.25
UI
Byrd, Matthew Lee
04/19/12
Martinek
$50.00
$127.50
$77.50
UI
Rohwer, Jake Dean
04/19/12
Clerk
$50.00
$127.50
$77.50
UI
Dissinger, Mark Leo
04/19/12
Clerk
$50.00
$127.50
$77.50
UI
Ford, Patrick Joseph
04/19/12
Egerton
$75.00
$161.25
$86.25
UI
Conway, Dominique James
04/20/12
Stein
$75.00
$177.38
$102.38
UI
Maloney, Patrick John
04/21/12
Clerk
$50.00
$127.50
$77.50
UI
Campbell, Mitchell Orr
04/23/12
Clerk
$50.00
$127.50
$77.50
UI
Gorney, Taylor Allan
04/23/12
Clerk
$50.00
$127.50
$77.50
UI
Fudge, Conor Patrick
04/24/12
Egerton
$75.00
$177.38
$102.38
UI
Donaldson, Tyler
04/30/12
Clerk
$50.00
$127.50
$77.50
UI
Rager, Benjiman
04/30/12
Egerton
$75.00
$177.38
$102.38
UI
Koolbeck, Joshua David
05/01/12
DISMISSED
$0.00
$0.00
$0.00
ICPD
Fernandez Renuier, Gustavo G
05/01/12
Martinek
$50.00
$127.50
$77.50
UI
Verkoulen, Kelly Jean
05/01/12
Clerk
$50.00
$127.50
$77.50
UI
Rasmussen, Donovan
05/01/12
Clerk
$50.00
$127.50
$77.50
UI
Livermore, Daniel Jeffrey
05/01/12
Egerton
$75.00
$177.38
$102.38
UI
65
Otting, Austin Michael
05/01/12
Egerton
$75.00
$177.38
$102.38
UI
Bissing, Douglas Scott
05/03/12
DISMISSED
$0.00
$60.00
$60.00
UI
McWilliams, Timothy Lawrence
05/10/12
Rose
$50.00
$140.25
$90.25
UI
Long, Michael Alan
05/10/12
Clerk
$50.00
$50.00
$0.00
UI
Aviles, Victor Talay
05/11/12
Martinek
$75.00
$75.00
$0.00
ICPD
Scott, Daniel Blake
05/12/12
Martinek
$75.00
$177.38
$102.38
UI
Constantino, William Paul
05/12/12
Martinek
$75.00
$177.38
$102.38
UI
Sharie, Kyle Richard
05/12/12
Martinek
$75.00
$161.25
$86.25
UI
Gantz, Carter Grandy
05/12/12
Martinek
$75.00
$177.38
$102.38
UI
McFadden, Matthew Duff
05/19/12
Rose
$50.00
$127.50
$77.50
UI
Hutchinson, Chad Dene
05/19/12
Clerk
$50.00
$127.50
$77.50
UI
Flynn, Peter James
05/19/12
Rose
$50.00
$135.25
$85.25
UI
Smart, Richard Edward
05/21/12
Rose
$75.00
$177.38
$102.38
UI
Heiser, Theodore Robert
05/21/12
Clerk
$50.00
$161.25
$111.25
UI
Parker, Adam Douglas
05/21/12
Clerk
$50.00
$127.50
$77.50
UI
Henderson, Michael Dean
05/21/12
Clerk
$50.00
$127.50
$77.50
UI
Franks, Edward Maxwell
05/21/12
Clerk
$50.00
$127.50
$77.50
UI
Verma, Anoop
05/21/12
Clerk
$50.00
$127.50
$77.50
UI
Reed, Larry Gene
05/21/12
Minot
$50.00
$140.25
$90.25
UI
Persels, Alex Michael
05/22/12
Egerton
$50.00
$127.50
$77.50
UI
Fagan, Molly Elizabeth
05/22/12
Rose
$50.00
$127.50
$77.50
UI
Brown, Jessica Marian
05/22/12
Clerk
$50.00
$127.50
$77.50
UI
Storey, Ryan Scott
05/28/12
Clerk
$50.00
$127.50
$77.50
UI
Watson, William Lydell
05/28/12
Egerton
$75.00
$177.38
$102.38
UI
Schlote, Crystal Lea
05/29/12
Rose
$75.00
$177.38
$102.38
UI
Smith, Tori Mae Saben
05/29/12
Clerk
$50.00
$127.50
$77.50
UI
Longtin, John Dale
05/31/12
Rose
$75.00
$177.38
$102.38
UI
Richards, Erika Kimberly
05/31/12
Clerk
$50.00
$127.50
$77.50
UI
Whitney, Michael John
07/03/12
Martinek
$75.00
$161.25
$86.25
ICPD
Christy, Norman Lyle
07/09/12
Clerk
$50.00
$127.50
$77.50
ICPD
Link, Carey Joseph
07/09/12
Rose
$75.00
$177.38
$102.38
ICPD
Nadler, Indigo Sky
07/09/12
Egerton
$75.00
$177.38
$102.38
ICPD
Whitney, Michael John
07/11/12
Martinek
$50.00
$127.50
$77.50
ICPD
Lafler, Brandon Scott
07/11/12
Egerton
$75.00
$177.38
$102.38
UI
Gumm, TJ Logan
07/11/12
Egerton
$75.00
$177.38
$102.38
UI
Etre, David Paul
07/11/12
Stein
$50.00
$140.25
$90.25
UI
Fudge, Conor Patrick
07/11/12
Martinek
$75.00
$177.38
$102.38
UI
Clough Hunter, Christopher
07/12/12
Clerk
$50.00
$127.50
$77.50
UI
Pham, Cesserline
07/12/12
Clerk
$50.00
$127.50
$77.50
UI
Nguyen, Kim Vi Hoang
07/12/12
Clerk
$50.00
$127.50
$77.50
UI
Murphy, Margaret Rose
07/12/12
Clerk
$50.00
$127.50
$77.50
UI
Adams, Regina
07/12/12
Martinek
$75.00
$175.88
$100.88
UI
Webber, Hiram Richard
07/15/12
Clerk
$50.00
$127.50
$77.50
ICPD
..
Puckett, Michael Scott
07/16/12
Rose
$75.00
$161.25
$86.25
UI
Firoozfar, Ali Reza
07/16/12
Stein
$50.00
$127.50
$77.50
UI
Sengotta, Joseph M
07/16/12
Clerk
$50.00
$127.50
$77.50
UI
Newman, Tarrence
07/16/12
Clerk
$50.00
$127.50
$77.50
UI
Macpherson, Ian Douglas
07/16/12
Rose
$75.00
$177.38
$102.38
UI
Meadows, Ashely Marie
07/16/12
Rose
$75.00
$177.38
$102.38
UI
Marconi, Paul Anthony
07/17/12
Clerk
$50.00
$127.50
$77.50
UI
Anfield, Eric James
07/17/12
Clerk
$50.00
$127.50
$77.50
UI
Donahue, Stacey Nell
07/18/12
Rose
$75.00
$177.38
$102.38
UI
Pedersen, Emily Ann
07/18/12
Rose
$75.00
$177.38
$102.38
UI
Sun, Liwen
07/18/12
Stein
$75.00
$177.38
$102.38
UI
Zhang, Yanbo
07/18/12
Rose
$75.00
$161.25
$86.25
UI
Woods, Allen Lee
08/09/12
Egerton
$75.00
$177.38
$102.38
ICPD
Devries, Andrew David
08/11/12
Egerton
$50.00
$140.25
$90.25
ICPD
Jurl, Tommy Maurice Sans
08/11/12
Martinek
$75.00
$177.38
$102.38
ICPD
Vykouk, May Anthony
08/11/12
Clerk
$50.00
$127.50
$77.50
UI
Dodd, Thomas James
08/11/12
Clerk
$50.00
$127.50
$77.50
UI
Girasek, Rene
08/11/12
Clerk
$50.00
$127.50
$77.50
UI
Braun, Jacob Francis
08/13/12
Minot
$50.00
$140.25
$90.25
UI
Crawford, Austin Mathew
08/16/12
Egerton
$75.00
$177.38
$102.38
UI
Knaack, Cody Crystine
08/17/12
Martinek
$50.00
$140.25
$90.25
ICPD
Palmer, Cory Kenneth Dale
08/20/12
Stein
$75.00
$161.25
$86.25
UI
Yu, Xin
08/20/12
Clerk
$50.00
$127.50
$77.50
UI
Varco, Christopher John
08/20/12
Clerk
$50.00
$127.50
$77.50
UI
Ramsey, Corey Patrick
08/20/12
Clerk
$50.00
$127.50
$77.50
UI
Cassata, Joseph Vito
08/20/12
Clerk
$50.00
$127.50
$77.50
UI
Chase, Tyler Samuel
08/21/12
Stein
$75.00
$177.38
$102.38
UI
Meadows, Ryan Alan
08/22/12
Martinek
$50.00
$132.25
$82.25
ICPD
Johnson, Shajuan Orlando
08/24/12
Tickup
$75.00
$177.38
$102.38
ICPD
Whitney, Michael John
08/26/12
Clerk
$50.00
$127.50
$77.50
ICPD
Whitney, Michael John
08/28/12
Clerk
$50.00
$50.00
$0.00
ICPD
Hallinan, Kelly Ann
09/08/12
Rose
$75.00
$177.38
$102.38
ICPD
Roeber, Will Christian
09/08/12
Clerk
$50.00
$127.50
$77.50
ICPD
Knaack, Cody Crystine
09/09/12
Martinek
$75.00
$177.38
$102.38
ICPD
Aitchison, Jason William
09/15/12
Martinek
$75.00
$177.38
$102.38
ICPD
Vrba, John Wilmer
09/15/12
Clerk
$50.00
$127.50
$77.50
ICPD
Keever, Steven Michael
09/25/12
Stein
$50.00
$140.25
$90.25
ICPD
Whitney, Michael John
09/25/12
Minot
$50.00
$127.50
$77.50
ICPD
Macpherson, Ian Douglas
10/06/12
Rose
$75.00
$177.38
$102.38
ICPD
Pedersen, Eric Arne
10/06/12
Clerk
$50.00
$127.50
$77.50
ICPD
Sell, Nathaniel Marcus
10/21/12
Clerk
$50.00
$161.75
$111.75
ICPD
Harvey, Eric Francis
10/26/12
Clerk
$50.00
$161.25
$111.25
UI
Fudge, Conor Patrick
11/10/12
Egerton
$75.00
$177.38
$102.38
ICPD
67
Kaba, Foday Baba
11/11/12
Martinek
$75.00
$177.38
$102.38
ICPD
Whitney, Michael John
11/19/12
Clerk
$50.00
$50.00
$0.00
ICPD
Karr - Peterson, Samuel Pete
12/02/12
Egerton
$75.00
$161.25
$86.25
UI
Andrews, Tyler William
12/03/12
Minot
$50.00
$127.50
$77.50
UI
King, Leah Elissa
12/03/12
Egerton
$50.00
$127.50
$77.50
UI
APPENDIX B on -file with author.
We
APPENDIX C
70
l
FV
C
C
C
C
C
C
C
C
C
C
C
E
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Business Name Occupancy
(occupancy loads last updated Oct 2008)
= University of Iowa
Monthly Totals
Bar Under2l PAULA
Checks
Prev 12 Month Totals
Bar Under2l PAULA
Checks
Under2l PAULA
Ratio Ratio
(Prev 12 Mo) (Prev 12 Mo)
2 Dogs Pub 120
0
0
0
4
0
0
0
0
Airliner _ 223
5
0
0
106
9
14
0.0849057
0.1320755
Airliner 223
3
0
0
106
9
14
0.0849057
0.1320755
American Legion 140
0
0
0
2
0
0
0
0
Atlas World Grill 165
0
0
0
2
0
0
0
0
Baroncini"
0
0
D
Basta 176
0
0
0
2
0
0
0
0
Blackstone— 297
0
0
0
5
0
0
0
0
Blue Moose— 436
3
0
0
184
35
6
0.1902174
0.0326087
Blue Moose— 436
6
1
0
184 -
35
6
0.1902174
0.0326087
Bluebird Diner 82
0
0
0
Bob's Your Uncle *^ 260
0
0
0
Bo -James 200
2
0
0
134
9
1
0.0671642
0.0074627
Bo -James 200 -
4
0
0
134
9
1
0.0671642
0.0074627
Bread Garden Market & Bakery
0
0
0
Brix
0
0
0
Brothers Bar & Grill, [It's] 556
15
1
0
422
93
39
0.2203791
0.0924171
Brothers Bar & Grill, [It's] 556
11
2
6
422
93
39
0.2203791
0.0924171
Brown Bottle, [The]— 289
0
0
0
3
0
0
0
0
Buffalo Wild Wings Grill & Bar- 189
0
0
0
11
0
_ 0
0
0
(Cactus Mexican Grill
0
0
0
ICaliente Night Club 498
0
0
0
43
0
0
0
0
Carl & Ernie's Pub & Grill 92
0
0
0
22
0
0
0
0
ICarlos O'Kelly's- - 299
0
0
0
(Chili Yummy Yummy Chili
0
0
0
5
3
0
0.6
0
IChipotle Mexican Grill 119
0
0
0
Friday, June 07, 2013 Page 1 of 6
9
C
C
C
C
C
E
Po
F
C
C
C
E
C
C
C
C
C
C
C
E
C
C
C
C
C
E
Business Name Occupancy
(occupancy loads last updated Oct 2008)
= university of Iowa
Monthly Totals
Bar Under2l PAULA
Checks
Prev 12 Month Totals
Bar Under2l PAULA
Checks
Under2l PAULA
Ratio Ratio
(Prev 12 MO) (Prev 12 Mo)
Clarion Highlander Hotel
0
0
0
Clinton St Social Club
3
0
0
24
0
0
0
0
Club Car, [The] 56
0
0
0
3
0
0
0
0
Coach's Corner 160
2
0
0
15
0
0
0
0
Colonial Lanes- 502
0
0
0
1
0
0
0
0
Dave's Foxhead Tavern 87 -
0
0
0
1
0
0
0
0
DC's 120
15
1
1
320
91
19
0.284375
0.059375
Deadwood, [The] 218
1
0
0
62
0
0
0
0
Devotay- 45
0
0
0
Donnelly's Pub 49
2
0
0
43
0
0
0
0
Dublin Underground, [The] 57
1
0
0
60
0
0
0
0
Eagle's, [Fraternal Order of] 315
0
0
0
2
0
0
0
0
El Banditos 25
0
0
0
El Cactus Mexican Cuisine
0
0
0
El Dorado Mexican Restaurant 104
0
0
0
El Ranchero Mexican Restaurant 161.
0
0
0
Elks #590, [BPO] 205
0
0
0
Englert Theatre- 838
0
0
0
Fieldhouse 178
14
3
0
257
61
7
0.2373541
0.0272374
Fieldhouse 178
3
0
0
257
- 61
7
0.2373541
0.0272374
First Avenue Club- 280
0
0
0
1
0
1
0
1
Formosa Asian Cuisine- 149
0
0
0
Gabes- 261
8
0
0
48
2
0
0.0416667
0
(Gabes- 261
1
0
0
48
2
0
0.0416667
0
IGeorge's Buffet 75
0
0
0
3
0
0
0
0
IGivanni's- 158
0
0
0
3
0
0
0
0
Friday, June 07, 2013 Page 2 of 6
V
E
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Business Name Occupancy
(occupancy loads last updated Oct 2008)
= University of Iowa
Monthly Totals
Bar
Under2l PAULA
Checks
Prev 12 Month Totals
Bar Under2l PAULA
Checks
Under2l PAULA
Ratio Ratio
(Prev 12 MO) (Prev 12 Mo)
Godfather's Pizza— 170
0
0
0
Graze— 49
0
0
0
Grizzly's South Side Pub 265
0
0
0
6
0
0
0
0
Hilltop Lounge, [The] 90
0
0
0
1
0
0
0
0
Howling Dogs Bistro
0
0
0
IC Ugly's 72
0
0
0
4
0
0
0
0
India Cafe 100
0
0
0
Iron Hawk—
2
0
0
46
2
12
0.0434783
0.2608696
Jimmy Jack's Rib Shack 71
0
0
0
Jobsite 120
1
0
0-
14
1
0
0.0714286
0
Joe's Place 281
9
0
0
167
4
2
0.0239521
0.0119760
Joe's Place 281
2
0
0
167
4
2
0.0239521
0.0119760
Joseph's Steak House— 226
0
0
0
1
0
0
0
0
Linn Street Cafe 80
0
0
0
Los Portales 161
0
0
0
(Martini's 200
2
0
0
263
31
5
0.1178707
0.0190114
Martini's 200
8
1
0
263
31
5
0.1178707
0.0190114
Masala 46
0
0
0
Mekong Restaurant— 89
0
0
0
Micky's— 98
9
0
2
117
0
2
0
0.0170940
(Mill Restaurant, [The]— 325
1
0
0
29
2
0
0.0689655
0
Moose, [Loyal Order of] 476
0
0
0
1
0
0
0
0
Motley Cow Cafe— 82
0
0
0
I Noodles & Company-
0
0
0
IOkoboji Grill- 222
0
0
0
IOId Capitol Brew Works 294
0
0
0
14
0
0
0
0
Friday, June 07, 2013 Page 3 of 6
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Business Name Occupancy
(occupancy loads last updated Oct 2008)
= University of Iowa
Monthlv Totals
Bar
Checks Under2l PAULA
Prev 12 Month Totals
Bar
Checks Under2l PAULA
Under2l PAULA
Ratio Ratio
(Prev 12 Mo) (Prev 12 Mo)
One- Twenty -Six 105
0
0
0
4
0
0
0
0
Orchard Green Restaurant- 200
0
0
0
1
0
0
0
0
Oyama Sushi Japanese Restaurant 87
0
0
0
Pagliai's Pizza— 113
0
0
0
Panchero's (Clinton St)— 62
0
0
0
7
0
0
0
0
Panchero's Grill (Riverside Dr)— 95
0
0
0
Pints 180
4
0
0
245
29
7
0.1183673
0.0285714
Pints 180
13
< 0
0
245
29
7
0.1183673
0.0285714
Pit Smokehouse— 40
0
0
0
(Pizza Hut^' 116
0
0
0
Players 114
0
0
0
4
6
0
1.5
0
IQuinton's Bar & Deli 149
1
0
0
24
1
0
0.0416667
0
Rice Village
0
0
0
(Ridge Pub
0
0
0
Riverside Theatre— 118
0
0
0
(Saloon— 120
2
0
0
21
0
0
0
0
I Sam's Pizza— 174
0
0
0
11
1
4
0.0909091
0.3636364
ISanctuary Restaurant, [The] 132
0
0
0
2
0
0
0
0
(Shakespeare's 90
1
0
0
4
0
0
0
0
(Sheraton
0
0
0
IShort's Burger & Shine— 56
2
0
0
26
0
0
0
0
IShort's Burger Eastside
0
0
0
ISports Column 400
5
1
0
248
61
22
0.2459677
0.0887097
ISports Column 400
6
1
0
248
61
22
0.2459677
0.0887097
(Studio 13 206
8
0
0
136
12
1
0.0882353
0.0073529
]Studio 13 206
3
0
0
1 136
12
1
0.0882353
0.0073529
Friday, June 07, 2013 Page 4 of 6
P0
C
C
C
C
C
C
C
C
E
C
C
C
C
C
Cv
C
C
E
C
C
E
Business Name Occupancy
(occupancy loads last updated Oct 2008)
= University of Iowa
Monthly Totals
Bar
Checks Under2l PAULA
Prev 12 Month Totals
Bar
Checks Under2l PAULA
Under2l PAULA
Ratio Ratio
(Prev 12 Mo) (Prev 12 Mo)
Summit. [The] 736
5
1
3
237
33
31
0.1392405
0.1308017
Summit. [The] 736
9
0
0
237
33
31
0.1392405
0.1308017
Sushi Popo 84
0
0
0
Szechuan House
0
0
0
Takanami Restaurant- 148
0
0
0
Taqueria Acapulco
0
0
0
TCB 250
5
0
0
139
9
0
0.0647482
0
Thai Flavors 60
0
0
0
Thai Spice 91
0
0
0
Times Club @ Prairie Lights 60
0
0
0
Trumpet Blossom Cafe 94
0
0
0
1
0
0
0
0
Union Bar 854
6
0
0
318
84
32
0.2641509
0.1006289
Union Bar 854
7
1
0
318
84
32
0.2641509
0.1006289
(VFW Post #3949 197
0
0
0
1
0
0
0
0
Vine Tavern, [The] 170
1
0
0
77
13
4
0.1688312
0.0519481
(Vine Tavern, [The] 170
4
0
0
77
13
4
0.1688312
0.0519481
Wig & Pen Pizza Pub- 154
0
0
0
1
0
0
0
0
(Yacht Club, [Iowa City]- 206
1
0
0
95
8
1
0.0842105
0.0105263
lYacht Club, [Iowa City]- 206
6
0
0
95
8
1
0.0842105
0.0105263
(Yen Ching
0
0
0
IZ'Mariks Noodle House 47
0
0
0
C1 '
Friday, June 07, 2013 Page 5 of 6
Totals 222 13 12 6990 1084 I 382 0.1550787 I 0.0546495
Off Premise 0 0 0 0 0 0 0 0
Grand Totals 12 382
* includes outdoor seating area
exception to 21 ordinance
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Friday, June 07, 2013 Page 6 of 6
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APPROVED
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
APRIL 17, 2013
EMMA J. HARVAT HALL, CITY HALL, 8:00 A.M.
Members Present: Susan Mims, Michelle Payne
Members Absent: Matt Hayek
Staff Present: Wendy Ford, Tracy Hightshoe, Jeff Davidson, Tom Markus,
Eleanor Dilkes
Others Present: Mike Hahn (A &M Development); Pat Shaver (Corridor Business
Journal); David Kieft (University of Iowa); Kevin Monson
(Neumann Monson Architects); Dan Broffit (architect); Nick
Lindsey (architect), Kent Jehle MidWestOne Bank); Charlie Funk
(MidWestOne Bank); John Kenyon (City of Literature); Charlie
Cowell, (planning intern)
RECOMMENDATIONS TO COUNCIL:
Payne made the motion to recommend the MidWestOne Bank/University of
Iowa/City of Iowa City Letter of Intent for the discussed project to the full City
Council. Mims seconded the motion. Motion carried 2 -0, Hayek absent.
Payne made the motion to approve the extra $10,000 funding for the October 2013
book festival and budget a placeholder of $60,000 for FYI 5. Mims seconded the
motion. Motion carried 2 -0; Hayek absent.
CALL MEETING TO ORDER:
The meeting was called to order by Chairperson Mims at 8:04 A.M.
WELCOME AND INTRODUCTIONS:
Chairperson Mims welcomed everyone and asked that those present introduce
themselves.
CONSIDER APPROVAL OF MINUTES:
Chairperson Mims asked if there were any comments, changes, etc., to the minutes.
Payne moved to approve minutes from the February 12, 2013, meeting as
submitted. Mims seconded the motion. Motion carried 2 -0, Hayek absent.
PRESENTATION BY MIDWESTONE BANK ON DEVELOPMENT PLANS:
Jeff Davidson introduced Charlie Funk and Kevin Monson, who were present to speak to
the Economic Development Committee regarding development plans for MidWestOne
Bank. Davidson noted that the City has been working with the University and the bank
on this project for months. He added that City legal staff has drafted a Letter of Intent
and noted that City Attorney Dilkes was present to answer any questions about it.
EDC April 17, 2013
APPROVED
Davidson also noted that staff is seeking a Committee recommendation to forward to
Council on the Letter of Intent for the project.
The project presentation began with CEO Funk giving some history on MidWestOne
Bank. Starting in 1934, MidWestOne opened in downtown Iowa City with five or six
employees. Now they have about 200 employees in Johnson County, with
approximately 170 in the downtown location. They are now the fourth largest Iowa -
based bank in Iowa. Funk shared how the Bank has moved their operations over the
years, stating that they have done what they feel is best for the community. After many
discussions, he noted that they were able to secure the Sabin site. Continuing, Funk
pointed out that they will also be doing some building updates to their original
Washington and Clinton corner building late this summer or early fall. He reiterated that
MidWestOne Bank is dedicated to the community and to staying downtown.
The presentation continued on the topic of parking. Funk noted that with more than 80
employees in the Sabin building alone, there will be a need for parking. He concluded
his portion of the presentation by stating that the bank will not be applying for TIF for
their portion of the project. He then turned the presentation over to Kevin Monson.
Monson noted the historic designation of the original MidWestOne building and the tax
credits they can take advantage of because of it. Monson noted the significance of the
building, stating that this is one of the reasons they are restoring it.
Regarding the new location, he noted that there will be a drive -up bank on the first floor
of the five story building; two floors will be available for sale or lease; and the roof will
have a break area for employees of the building. Davidson then clarified the exact
location of the new building and that it falls within the Riverfront Crossings area of
downtown.
Monson continued, showing how the new building will be laid out. It is planned to be
very light- filled and airy, and energy- efficient, and employees will want to come to work
here, Monson stated. Once the new building is complete and operations that are
temporarily in Sabin are moved into it, the bank will exercise its option to purchase the
property, which the University will then deliver to the bank after they remove the Sabin
building. It is on the site of the Sabin building they desire to build a parking structure and
townhouses.
The parking structure would have approximately 560 spaces, according to Monson. He
noted several features of the parking portion of the project, and talked about how the
townhouses will line the exterior of the parking, thus minimizing the views of the parking
structure. Monson stated that they believe this fits into the City's vision for this area,
especially with the pricing of some of the townhouses for workforce housing. He
explained how the townhouses will each have their own front door at street level and
each will also have a back door into the parking structure. At the third level, there will be
a walkway over the alley connecting the parking structure to the building.
Monson noted that they strongly desire to begin the construction of the new building yet
this fall. Davidson noted that staff has vetted the project to date and that the terms in the
Letter of Intent outlining a partnership between the City and the property developers are
worthy of the next steps in negotiating a development agreement.
2
EDC April 17, 2013
APPROVED
Davidson opened the discussion for q fog the the work they have donne ims over thenpast few thanking
MidWestOne Bank and the University
years on this project. She added that she is excited to see things starting to happen
here in the Riverfront Crossings area
she ahaees with Mims, and that she believes this is
to the full Council. Payne stated that 9
a very exciting project. She added that she likes the townhouse idea and believes that
this will help move development along in this area.
Payne made the motion to recommend the MidWestOne Bank/University of
Iowa/City of Iowa City Letter of Intent for the discussed project to the full City
Council. Mims seconded the motion. Motion carried 2 -0, Hayek absent.
REPORT ON BUILDING CHANGE FUNDING AWARDS:
Wendy Ford spoke to the Members regarding this report. She noted the types of project
they sought to fund being fagade updates, fire suppression sprinklers and improving
second -floor office spaces for higher uses. The public benefits of the program are to
provide fire safety, to increase property values, and to target those under - utilized areas
in the downtown. This will help to improve the vibrancy, and the look and feel, of
downtown Iowa City, according to Ford. All property owners and businesses in the area
were notified of this program, as was the media, according to Ford. She noted that they the same
ended up with o aetotal of more than $1 memillion wolrthl
business ownerr, , of iimprrovemen s in the area.
Ford noted that after thorough review, staff came up with the recommendations in this
report. Funds for the Building Change program will come from Economic Development
Opportunity Funds and remaining CDBG Economic Development Funds. Ford briefly
ran through the list:
1. 30 S. Clinton, formerly home to Gilda's. This will be a $621,000 renovation which
includes fagade updates, sprinklers, and remodeling of both the second and third
floors into apartments. Staff is recommending funding of $37,729 from the
Economic Development Fund for this project.
2. Bo James building. This project will include an extensive fagade renovation and
is a $100,000 project. Ford noted that this qualifies for $40,000 in CDBG
funding.
3. Atlas Restaurant. Fagade renovation similar in scope to what Mickey's did
recently. A new awning will replace the umbrellas used during the summer
months. This is a $119,000 project, of which $47,704 can be funded with
Economic Development and CDBG funds. This should begin in the fall, after the
busy summer season is over.
4. Quinton's storefront in the Paul -Helen building. Ford noted how the fagade
currently looks and owner's desire to match this fagade with the rest of those in
the building, bringing it nearer to the historic storefront it once had. This is slated
as a $69,000 project, with $27,733 in funding from CDBG and Economic
Development funds.
5. Panchero's building. Ford described the current fagade along Washington
Street, noting that the plan is to add another window here. This is a $66,000
project, of which $19,857 could be provided from the Economic Development
fund.
6. Chait Gallery building. This is the building where Busy CoWorking area is located
on the third floor. There is more office area on this floor, but it is unusable now
3
EDC April 17, 2013
APPROVED
due to the need for renovations including roof and window replacement. This
project would assist with the window replacements as that would qualify in the
fagade renovation portion of the program. Roof replacement is not part of the
program, according to Ford, and therefore the City would only assist in the
window replacement portion of the project. The $8,028 from the Economic
Development fund is a 30% match for the window portion of this project.
7. Active Endeavors building. Ford noted that this is a fagade renovation project that
involves replacing the entire glass face of the building. This project will also have
significant energy efficiency benefits and comes in at $47,000, with $16,000
coming from the CDBG and Economic Development funds.
8. The Yacht Club building is seeking funds for fire suppression and a fagade
renovation, according to Ford. She and staff from Housing and Inspections
Services will be doing a walk- through with the owner to learn more about the
specifics of this proposal before awarding a final match amount.
Ford noted that expenditures from these funds fall under the spending authority of the
City Manager, and require a report out to the Economic Development Committee
afterwards and that this report serves that purpose. Ford also noted that there are many
other potential projects that funds such as these could leverage and that staff would be
seeking approval about whether to offer another round of this kind of funding in the
coming fiscal year. Mims stated that she believes these projects will be a very good thing
and they have leveraged significant investment in the downtown.
CONSIDER REQUEST FUNDING IOWA CITY BOOK FESTIVAL AS NEW PROGRAM
FOR CITY OF LITERATURE:
Ford began the discussion by stating that the purpose of this agenda item is two -fold.
One is to bring the Members up to date on the new need for funding for the Iowa City
Book Festival which is now a program of the City of Literature. Second, is to gain the
Economic Development Committee's support for the annual budgeting of funding for the
City of Literature.
Ford gave Members a brief background on the transition of the Book Festival from the UI
Libraries to the City of Literature, noting, primarily, changes in the leadership at the
library and staffing priorities. She then introduced John Kenyon, Executive Director of
City of Literature. He noted that the UI Library's Iowa City Book Festival began as a way
to thank the community for their help saving books during the flood of 2008 which also
coincided with the Library having acquired their five millionth volume at that time. It was
a small festival hosted on the grounds near the library. By the fourth year, it had to move
due to Library renovations and then the Library had decided they were not going to
present the book festival any longer. The City of Literature Board saw the Book Festival
as an event that should continue in a City of Literature, and adopted it. The City of
Literature then moved the festival to October from July to involve more of the
community, visitors, students, staff, and faculty to be around when it takes place.
Attendance is anticipated to grow substantially with the change in schedule.
Kenyon continued, stating that the City of Literature budget essentially pays for the
administration of the festival in his salary, but added the desire is to create a pool of
funds that they can then use for programming the Festival, which they do not have in
their existing budget structure. The UI Libraries had presented the festival on a budget
of between $35,000 and $40,000, not including administrative expenses. Kenyon stated
n
EDC April 17, 2013
APPROVED
that they are aiming for a similar budget, and he believes they can do more with less
money, as they have more flexibility than the University Library did when they ran the
event. Regarding fundraising, they have requested funding from the University and are
now requesting funds from the City, as well. The Iowa City Public Library will be
reviewing a request at their upcoming Board meeting, and the Convention and Visitors
Bureau has also received a request. Kenyon noted that they are trying to balance the
public dollars with private sponsorships, and that this endeavor is just beginning. He
added that he did secure $5,000 yesterday from the Eastern Iowa Airport, and that
Knutson Construction has also contributed funds. Kenyon continued discussing the
event, stating that the hope is to sort of reinvent the Book Festival this year, to really
bring in the entire community, and also bring in people from all over the area. Ford
clarified that the $10,000 for this year's Book Festival could come from the Economic
Development Opportunity Fund. An additional $10,000 would then be added to the City
of Literature's annual appropriation, going from $50,000 to $60,000 beginning in FY15.
Mims asked for clarification on the timing of funding for the book festival, since FY14's
budget is only approved for $50,000. Ford explained that the $10,000 for this fall's
festival could be paid any time in the current Fiscal Year 2013 or next Fiscal Year 2014,
from Economic Development Opportunity funds. FY14 Begins in July of 2013, and the
City of Literature will receive their originally budgeted $50,000 soon thereafter.
Budgeting for FY15 begins in the fall of 2013 and would include a budget placeholder for
the City of Literature of $60,000 which would cover their FY15 operations including the
October 2014 book festival. The City Manager suggested it may be appropriate for the
City of Literature to request an adjustment for inflation in future requests for funding as
the costs of doing business continue to increase.
Payne asked that Kenyon send a fundraising letter to her at Mid American, as well, as
he pursues private dollars. Members continued to discuss this proposal, stating that it
sounds like the City of Literature has some great plans for the Book Festival. Payne
noted that she appreciates how well done the web site is for the City of Literature, and
that she looks forward to the new October time for the event. Kenyon further clarified
how they believe this time of year will work even better and he shared some of the
partnerships they are forming to further strengthen this annual event.
Payne made the motion to approve the extra $10,000 funding for the October 2013
book festival and budget a placeholder of $60,000 for FY15. Mims seconded the
motion. Motion carried 2 -0; Hayek absent.
STAFF TIME:
Davidson mentioned to Members that the first public meeting regarding the Burlington
Street dam renovations has been scheduled. Funding has come together from a variety
of sources, according to Davidson, so they were able to hire a premiere designer for this.
He added that more information will be forthcoming.
Hightshoe spoke next about the Towncrest Medical Office building having taken out a
building permit and how great it is to get another new project going in that area.
Ford stated that things have been very busy and there are a lot of projects in the works.
She shared some of what is going on with the corner of First Avenue and Muscatine,
and responded to Members' questions.
5
EDC April 17, 2013
APPROVED
COMMITTEE TIME:
Payne stated that it's great to see the Towncrest area getting some news. Hightshoe
responded to questions, giving Members an idea of how things are progressing in this
area.
OTHER BUSINESS:
None.
ADJOURNMENT:
Payne moved to adjourn the meeting at 9:06 A.M.
Mims seconded the motion.
Motion carried 2 -0, Hayek absent.
0
EDC April 17, 2013
APPROVED
Council Economic Development Committee
ATTENDANCE RECORD
2012-2013
Key:
X = Present
O = Absent
O/E = Absent/Excused
TERM
o
0
NAME
EXP.
N
-I
Michelle
01/02/14
X
X
Payne
Matt
01/02/14
X
O
Hayek
/E
Susan
01/02/14
X
X
Mims
Key:
X = Present
O = Absent
O/E = Absent/Excused
IP14
MINUTES OF THE JOINT INFORMAL MEETING OF JOHNSON COUNTY
BOARD OF SUPERVISORS AND CRIMINAL JUSTICE COORDINATING
COMMITTEE:
MAY 1, 2013
TABLE OF CONTENTS
Page
Progress on Other Aspects of the Revised Justice Center Planning Document, Including but
Not Limited to, Bond Referendum and Revised Building Plans ................. ..............................1
Alternatives and Treatments Subcommittee ....................................................... ..............................4
Public Information/Outreach Subcommittee ...................................................... ..............................4
Facilities Subcommittee: Critical Needs of Jail ................................................ ..............................4
Facilities Subcommittee: Other ......................................................................... ..............................5
Additional Comments from Criminal Justice Coordinating Committee Members ..........................5
Other................................................................................................................... ..............................5
SetNext Meeting Date ....................................................................................... ..............................6
Chairperson Rettig called the Johnson County Board of Supervisors to order in the
Johnson County Health and Human Services Building at 4:43 p.m. Members present
were: John Etheredge, Pat Harney, Terrence Neuzil, Janelle Rettig, and Rod Sullivan.
Criminal Justice Coordinating Committee Members present were: MECCA Director
Ron Berg, Iowa City Public Library Adult Service Coordinator Kara Logsden, County
Attorney Janet Lyness, County Sheriff Lonny Pulkrabek; Absent: Department of
Corrections Supervisor Jeri Allen, Iowa City City Council Member Connie Champion,
University of Iowa Student Representative Drew Lakin, Bar Association Representative
James McCarragher, State Public Defender's Managing Attorney Peter Persaud, Sixth
Judicial District Court Judge Douglas Russell, Citizen Representative Professor Emeritus
John Stratton, and Consultation of Religious Communities Representative Dorothy
Whiston; Staff present: Executive Assistant Andy Johnson, Jail Alternatives Coordinator
Jessica Peckover, Facilities Manager Eldon Slaughter, and Administrative Secretary
Angela Laffey.
PROGRESS ON OTHER ASPECTS OF THE REVISED JUSTICE CENTER
PLANNING DOCUMENT, INCLUDING BUT NOT LIMITED TO, BOND
REFERENDUM AND REVISED BUILDING PLANS
Rettig said at the Joint Cities Meeting on April 29th, Iowa City City Council Member
Jim Throgmorton was rather insistent the County lead the effort in discussions regarding
disproportionate minority contact and arrests for minor offenses. She said she
emphasized that the County does not make many arrests but the cities do. The electorate
and city government leaders have the power to effect change. The Board has been very
clear that disproportionate minority contact and arrest rates are priority issues, but Rettig
said Throgmorton should take his requests to the Iowa City City Council and City
Manager. Rettig whole - heartedly supports the Board meeting with city government
leaders to discuss the issue, but to date, she has been unsuccessful in bringing the chiefs
of police to the table for discussion.
Informal Minutes: May 1, 2013/ page 2
Iowa City Public Library Adult Service Coordinator Kara Logsden said Johnson
County is responsible for the Jail, and the Jail is responsible for receiving all of the
arrests. She suggested the County start the discussion. Rettig said the University of
Iowa's Department of Public Safety (UI DPS) also makes many arrests.
County Attorney Janet Lyness asked what types of arrests people think do not need to
be made. Simple misdemeanors? Possession of marijuana? The UI DPS officers patrol
the downtown area and make a lot of arrests for public intoxication, etcetera. She agreed
that the UI DPS be involved in the discussion.
MECCA Director Ron Berg said he does not understand exactly what Throgmorton
was asking the County to do in taking the lead. The fact that the County is not making
the majority of arrests adds credibility and objectivity to the data. Rettig said she will
meet with the cities if they are willing to make the issue a priority because the County
does not have any authority over law enforcement. She said she is discouraged that city
councils are not having their own conversations on the issues.
Lyness said there is no reason why the County should not initiate the first meeting.
However, they will need to talk about more than arrest rates, because racism is a much
bigger problem. She said everybody would need to be involved, including police
departments, school districts, housing authorities, social service agencies, and non - profit
organizations. Sullivan said his opinion is that the County does not know exactly how to
address these issues and therefore the meeting may not be productive. He suggested
looking at models other communities have used to address similar issues.
Neuzil said the Jail Alternatives: Prevention, Diversion, Expediting, and Recidivism
Reduction Efforts report recently presented to the public includes a specific
recommendation on how to begin the conversation. The report also encourages all
municipalities that use the County Jail to engage in similar steps to ensure racial equality
in all local law enforcement agencies. He asked if the proposed justice center should be
held hostage until all racism issues are addressed.
Logsden said she hopes the community can unite to address the issues proactively and
develop a strategic plan. Harney said nationally, disproportionate minority contact is a
huge problem. He emphasized the need for a unified discussion including law
enforcement from the UI DPS and all local entities.
Rettig said the Criminal Justice Coordinating Committee (CJCC) has received a
wealth of information on disproportionate minority contact and arrest rates of minor
offenses. She supports the County to host the meeting and bring in the experts; she does
not think the cities or the UI DPS have been exposed to the same information, or that they
understand the scope of the problem. Rettig reiterated that the County has no authority or
influence over the Iowa City Police Department or the UI DPS. For a unified,
cooperative approach to this discussion, UI DPS and elected city government leaders,
Informal Minutes: May 1, 2013/ page 3
mayors and city managers, need to bring their staff to the table, and to date, Rettig said
she has seen little interest from any entities other than Johnson County.
County Sheriff Lonny Pulkrabek asked Rettig if Throgmorton said whether the Iowa
City City Council was committed to make this issue a priority. Rettig said he did not.
Pulkrabek said it is easy for someone in Throgmorton's position to raise a problem but
not present a possible solution; he is not clear what Throgmorton is asking for. Sullivan
said he assumes Throgmorton will be an active participate in these discussions.
Pulkrabek asked if other members of the Iowa City City Council spoke on the subject.
Sullivan said no. Rettig said a majority of the Iowa City City Council was at the April
29th Joint Cities Meeting but the other members did not say a word on the subject.
Jail Alternatives Coordinator Jessica Peckover said she has previously talked about
the sequential intercept model and the five intercept points in jail diversion. She said the
issue at hand falls under the first intercept point, which is the community -based stage and
involves all community influences, all arresting agencies. The County has some control
from other intercept points, but the first intercept point requires participation from all
community partners and arresting agencies.
Berg said it is important the County and all municipalities get involved. As a resident
of Iowa City, he will call the Iowa City City Council to advocate for their involvement in
the process. Neuzil said if the justice center bond referendum passes, the County could
concentrate on how to influence change at these intercept points Peckover discussed. If it
does not pass, everything will be on hold again. Berg said he hopes the conversation
among municipalities takes place regardless whether the justice center bond referendum
passes.
Sullivan said having the discussion with the other entities would be educational, but it
also gives the County an opportunity to prove the current effort, and how much money
the County spends addressing jail alternatives and prevention. Lyness agreed that the
County has invested a lot of effort and money into jail diversion, including in
preventative services such as Public Health, Juvenile Justice, and Social Services. The
United Way of Johnson County should be involved in discussions related to the first
intercept, because they have already begun working on ways to address these issues.
Rettig said $26.5 million of the County's budget goes toward poverty, social service,
physical health, and mental health issues. That is 31% of the County's entire budget, a
large proportion compared to other Iowa counties. However, the County could
redistribute the money if it would be beneficial to apply it in an alternative way. The
recommendation is for the County to call a summit on the issue of disproportionate
minority contact, but the cities and the UI have to buy -in to the effort. For 12 years, these
meetings have convened and over that time, Iowa City Police Chief Sam Hargadine has
attended once that Rettig has noticed and, to her knowledge, no other chiefs of police
have attended any meetings. She supports initiating the meeting, but it's up to the other
government entities and the UI DPS to respond.
Informal Minutes: May 1, 2013/ page 4
Harney asked who is tracking the disproportionate minority contacts. He asked how
many individuals are moving through the justice system on legitimate charges and not
legitimate charges. Many questions still remain and much information is still needed
before strategizing solutions. Sullivan said uniform data is not available, but it would
help.
CJCC members agreed to move forward with a meeting with all entities, and
Peckover in charge of coordinating the meeting.
ALTERNATIVES AND TREATMENTS SUBCOMMITTEE
Rettig said to refer to the Jail Alternatives: Prevention, Diversion, Expediting, and
Recidivism Reduction Efforts report for more information.
PUBLIC INFORMATION /OUTREACH SUBCOMMITTEE
Neuzil said subcommittee members have been informing the public about the
importance of participating in the Justice Center Bond Referendum Special Election.
FACILITIES SUBCOMMITTEE: CRITICAL NEEDS OF JAIL
Rettig said the current Jail is 40 years old. Over the last 12 years, there has been little
interest in investing into the Jail because it does not meet the needs of the County. The
control center door locking system is antiquated and parts are no longer being
manufactured. In recent years, parts have had to be fabricated. However, the current
contractor advised the County to make substantial investments in the door locking
system. The issue was discussed at the April 25th Informal Meeting. It was determined
that the Jail would need to be evacuated for a period of 60 to 90 days to replace the
locking mechanisms. At that time, it would make sense to complete other necessary
repairs to the heating and air conditioning system, and to address the plumbing and water
problems. She said the Board asked Facilities Manger Eldon Slaughter to prepare a list
of additional repairs needed if the bond referendum fails.
Slaughter said every time a repair is done on the control center, something else
breaks. The problems are compounding. Regarding the locking system, any broken parts
need to be remanufactured. Some control panel switches are taped off because fuses
blow whenever they are turned on. An engineer is scheduled to evaluate the Jail on May
2nd and to provide a cost estimate for these repairs.
Pulkrabek said each cell and cell block is monitored with cameras and individual
sound alarms which can be triggered by a loud noise, such as a brawl between inmates.
Unfortunately, some alarms are now beyond repair. The cameras have blind spots, which
create limited visibility. Cameras and sound alarms help monitor inmate activity. Cells
and cell blocks with broken alarms will be sealed off and become unused, which will
increase the number of inmates transported out of the County.
Informal Minutes: May 1, 2013/ page 5
Pulkrabek said the double door locking system is a safety mechanism designed to
limit staff contact with inmates. Non - functioning interior vestibule doors pose a danger
of loss of control and an escape hazard. Major Steve Dolezal said the locking mechanism
can be compromised when the locking system is exposed to inmates. He said there are a
multitude of problems that can occur. When the locking system is down, it compromises
the safety and security of the Jail. The control center is the brain of the Jail; doors are
just one facet of it. Pulkrabek said the issues are not new; as the Jail ages, the repairs
have become impossible. Rettig agreed and repeated it is beyond repair.
Slaughter presented a preliminary cost estimate of roughly $1.6 million to replace the
locking system. That's based on inmates being house elsewhere for 60 days and so that
could change.
Slaughter presented a preliminary cost estimate of roughly $1.9 million for additional
repairs and replacement to the Jail. A roof would add another $150,000 to the estimate.
He added that these estimates would be useless in five to ten years. Rettig summarized
the current Jail requires roughly $4 million in critical need repairs or replacements.
Harney said these problems are not new to the Jail and he does not want to invest
more money in the antiquated Jail; he would rather transport inmates to other counties.
Rettig said even if $4 million is invested, inmates will still be transported to other
counties. Harney said the current facility will not serve the County needs in the long
term.
Pulkrabek said local contractor wanted nothing to do with the building because of its
age. Harney said the Jail operates 24 hours a day, so the operational wear and tear on the
building is 96 years, triple its age.
FACILITIES SUBCOMMITTEE: OTHER
Rettig said MidWestOne Financial announced a new building that includes 560
parking spaces near the Courthouse. She said the Federal Social Security Administration
moved out of the Iowa City Federal Building at 400 South Clinton Street, and the U.S.
Post Office is also going to move. The United States General Services Administration
(GSA) is charging the Post Office too much rent to stay in the current building. This is
relative news as it pertains to parking needs of a proposed new justice center.
ADDITIONAL COMMENTS FROM CRIMINAL JUSTICE COORDINATING
COMMITTEE MEMBERS
The CJCC members agreed to schedule a meeting for May 14th at 9:15 a.m.,
immediately following the Canvass meeting.
OTHER
Informal Minutes: May 1, 2013/ page 6
Rettig said UI Student Representative Drew Lakin is no longer a member of the UI
Student Government and that Lakin asked if that affected his appointment to the CJCC.
Pulkrabek said if Lakin is still a student, he is comfortable with him staying on the
committee. CJCC members agreed.
Pulkrabek acknowledged that Venture Architects Design Director/Principle John Cain
is in attendance at today's meeting. Cain praised the CJCC for its work.
SET NEXT MEETING DATE
Rettig said a CJCC meeting is scheduled for May 14th at 9:15 a.m., and a regular
meeting scheduled for June 5th at 4:30 p.m.
Adjourned at 5:37 p.m.
Attest: Travis Weipert, Auditor
On the 7th day of June, 2013
Recorded By Angela Laffey
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
MAY 8, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Brock Grenis, Gene Chrischilles, Will
Jennings, Becky Soglin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: David Bentz, Mike Pugh, Jay Nelson
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF APRIL 10, 2013 MEETING MINUTES
Jennings moved to approve the minutes with one correction.
Baker seconded.
A vote was taken and the motion carried 5 -0.
SPECIAL EXCEPTION ITEM
EXC13- 00006: Discussion of an application submitted by McDonald's USA, LLC for a
special exception to expand the existing drive - through facility on property located in the
Community Commercial (CC -2) zone at 2440 Mormon Trek Boulevard.
Walz said exact application was approved almost one year ago. She said at that time the
property was zoned Intensive Commercial (CI -1) and was going through a rezoning and a
request for a special exception. She said the property was subsequently rezoned to CC -2. She
said the applicant wants to add a second drive - through in order to move customers through the
drive - through line more quickly. She said there is plenty of stacking space, but staff's main
concern last time was getting some of required screening and providing clear pedestrian access
Board of Adjustment
May 8, 2013
Page 2 of 10
to link from the sidewalk. She said the applicant's proposed site plan showed everything the
staff requested with the special exception.
Grenis asked if there were any changes since last time.
Grenis invited the applicant to speak.
David Bentz of Bentz Engineering in Urbandale, Iowa, said he had nothing to add.
Grenis opened public hearing.
Grenis closed public hearing.
Baker moved to approve EXC13- 00006, a special exception to allow an expansion of the
existing drive through facility at 2440 Mormon Trek Boulevard subject to the following
conditions:
• Substantial compliance with the site plan submitted, including signage and
pavement markings indicating the one -way circulation of the drive and marking of
the pedestrian areas at the front of the store;
• Approval by the Building Official of the final site plan, lighting plan, and any new
signage for the site.
Chrischilles seconded
Baker said that regarding item EXC13 -00006 he concurs with the findings set forth in the staff
report of May 8t', 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in the staff report for the approval of this proposal.
Grenis concurred with Baker's findings.
A vote was taken and the motion carried 5 -0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
VARIANCE ITEM
VAR13- 00001: Discussion of an application submitted by Jay Nelson for a variance to
waive the off - street parking requirements to allow redevelopment of property located in
the Central Business Service (CB -2) zone at 211 N. Linn Street.
Walz reminded the Board how a variance differed from a special exception. She showed the
Board pictures of the subject property and how the entrance is above grade, which makes
access difficult and is not ideal for commercial uses and that it has no storefront windows. She
said the issue for the variance itself is not the building, but that the property can't provide
parking on site. She said the subject property was grandfathered in with six parking spaces
Board of Adjustment
May 8, 2013
Page 3 of 10
based on the existing commercial floor area. She said all the properties on both side of this
block of Linn Street were platted before the current requirements for parking were enacted.
Walz said the subject property is only twenty -four feet wide, and there is no way to bring parking
onto the property from Linn Street or from the back of the building. She said the properties at
209, 211, and 215 North Linn all have access to the rear of their buildings via a 10 -foot
easement that runs north -south along the rear property line. She reported that the subject
property currently has two parking spaces that tuck under the second floor of the building, but
these spaces are considered non - compliant because the easement by which the spaces are
accessed does not meet the code requirement for width —a 22 -foot wide drive is required in
order to allow perpendicular parking.
Walz referred the Board to the staff report that documents discussions that have transpired
between the applicant and several City departments. The applicant has included pro formas that
indicate it will take three apartments in order for the property to have a reasonable rate of return.
She said the applicant is seeking a variance to have the requirement for 8 parking spaces to be
waived. She said when they take down the building the applicant will lose the right to the six
ghost spaces. She said the applicant is asking to develop first floor commercial space that
would serve commercial uses requiring up to 5 spaces, which would allow them any of the uses
that are allowed in the zone. The variance would also waive three spaces to for the three
proposed apartments on the two floors above.
Walz read from the staff report and summarized the criteria and backup material. She said that
the applicant has to meet each one of the criteria in order for the variance to be granted. Walz
said that staff is recommending that the Board waive the requested eight parking spaces and tie
to that the conditions contained in the staff report.
Walz said that she had provided the Board with two letters that she received after the packet
was mailed to them. She said one is from the owners of Oasis and other from Mike Wright,
representing the Northside Neighborhood Association. She said that the applicant had a good
neighbor meeting last week and met with business owners and residents of the area.
Jennings asked what, if any, restrictions are there on the types of first floor commercial use that
could be put into the proposed building. Walz replied that it would be whatever that is allowed in
the zone. She said the highest and most intense use would probably be a small restaurant,
limited by the five parking spaces it has. Jennings asked if it could be a bar. Holecek indicated
that it could be an eating and drinking establishment with a liquor license, which would allow it to
stay open until midnight. She said there is a limit on the placement of bars and this property is
too close to other bars to be allowed that use.
Chrischilles asked about the length of the waiver. Holecek said unless the building went away,
the right to the parking spaces for the proposed uses would remain. Chrischilles said he thought
the number of spaces was irrelevant since they do not exist anyway. Walz explained that the
number of spaces waived places a restriction on how the building can be used.
Jennings said parking is an issue in this area and one way to control it is with occupancy rates.
Baker asked for the dimensions of the proposed building. Walz replied that the building is
twenty -three feet, four inches in width and depth of the property is seventy feet, with about four
feet being used for garbage dumpsters. Baker asked if you could somehow provide parking on
Board of Adjustment
May 8, 2013
Page 4 of 10
the back would you still not have access to the parking. Holecek said the access easement is
only ten feet and under the Zoning Code you need twenty -two for an aisle.
Walz said the property to the west may redevelop someday and may be built to the property
line. The Board cannot encumber the subject property with something it doesn't have rights to
in perpetuity —it only has rights to a 10 -foot easement.
Jennings said he wants to make sure there is adequate space for the dumpsters. He said the
problem is that when dumpsters have to be physically wheeled out, they don't always get put
back and if the alley isn't sufficiently plowed in winter the garbage still collects. Walz said staff
thought it important that there be access provided and that trash collection only be at the back
of the building. She said the back of the building is the only place the dumpsters can be placed.
She said the Board could attach a condition that calls attention to the situation and asks
Housing and Inspection Services to ensure that there is adequate space for the dumpsters.
Jennings said he doesn't want to create roadblocks for the applicant, but he is concerned about
issues relating to alleys and dumpsters and egress.
Baker said even if they could put on -site parking there now, they have no right to that in the
future. He asked if that wouldn't be the same problem with the trash pickup. Walz said that
someone would probably have to wheel them out by hand. She said the Code would not allow a
parking situation where someone couldn't back up. She said it is adequate easement for
storage of the dumpsters, and the dumpster service may have to do some of the work by hand.
Baker asked if some future owner could redevelop the property and further restrict access. Walz
said no one can interrupt that access because it is an easement that is granted to all of those
properties.
Baker asked about the measurements of the third floor apartment.
Baker referred to a sentence in staff report stating that the quality of the apartments has the
potential to encourage long -term residents to the neighborhood and asked if that is a staff
opinion. Walz said staff encouraged the applicant to put careful thought in designing a floor plan
that would be attractive to long -term residents without inviting over - occupancy. The conditions
of the variance should hold the applicant to the submitted.
Baker talked about the seeming contradiction in the staff report pertaining to the goals of the
Northside Marketplace addressing the parking demands for growth and development of the area
versus a statement that says eight spaces does not seem an onerous request that would have
an adverse effect on neighboring properties and continues on to say that future requests for
reduced parking or waivers of required parking for this neighborhood should be reviewed with
great scrutiny.
Walz said she thinks they have reviewed this application with great scrutiny. She said staff and
the applicant worked on this for a long time to come up with something reasonable. She said
staff feels it is fair because he has some rights with the old building that will go away with the
new one. She said a useful building is desirable. Whether someone uses the existing building
or creates a new one, the property is going to generate a certain amount of parking demand that
cannot be met on site. Staff felt that adding two spaces or the rights to uses that would require
two additional spaces was not so onerous as to tip the scales in the neighborhood. She said,
however, that a tipping point would be reached at some time in the future.
Board of Adjustment
May 8, 2013
Page 5 of 10
Walz told the Board that if they think the idea of increasing metered parking in the area had
merit, they should write a letter to Council and request that the City consider the issue.
Baker said he understood the parking issue better than he did the hardship issue. Walz replied
that they are part of the same piece, because anyone interested in this building would want to
redevelop it, and the only thing that stops redevelopment here is the parking issue. She said
once the building comes down, it has no rights to any parking nor any opportunity to create any
parking. If you have to provide parking and there is no opportunity to do so, that is a hardship.
Baker asked if the owner had tried to sell the property. Walz said he has, and much time has
been consumed in the effort by the Building Department to evaluate appropriate uses. Baker
asked if it is the potential developer who determines the financial feasibility. Walz said it is,
though staff reviewed the pro formas. Baker asked if the ideas a potential developer had are
financial options also available to the current owner. Walz said they are.
Soglin asked if bicycle parking is provided on the subject property, and Walz said bike owners
would have to carry the bikes upstairs or use City provided bicycle racks out front. Soglin asked
if the City periodically reviews the supply based on the increase in residential units in this area.
Walz said she doesn't know if that has been done recently, but the Board can certainly add a
requirement for additional bike parking to the conditions.
Chrischilles asked if the five ghost spaces allocated for the commercial space cover any type of
use that might go in. Walz said it would, based on square footage or seating. She said she
should clarify that the ghost spaces go away, so the variance is a waiver from the requirement.
Grenis invited the applicant to speak.
Mike Pugh of 1 South Gilbert Street, as representative for the applicant, said they would adopt
the information in the staff report as well as the points the City staff makes and the conclusions
and findings that they make and make that a part of applicant's specific application.
Pugh said that under the Code for an eating or drinking establishment you need one parking
space allocated for 150 square feet or one -third of the occupancy load. He said five parking
spaces would support a fifteen person occupancy load. He said the Building Department told
them such a load is basically determined by seating or tables, and they allocate three or four
persons per table.
Pugh said because of the age of this block, the ghost parking spaces that are currently
grandfathered in for each of these buildings were provided to each of the property owners at the
time the Zoning Code was implemented based on the uses at the time. He said, therefore, these
properties were not developed based on an existing Code. He said the applicant's request for
eight ghost parking spaces is below the average of 10.8 allocated for that block based on the
parking study provided by staff. He said in the context of block, the applicant's request should
be considered reasonable.
Pugh said in the good neighbor meeting, people were very supportive of what the applicant is
proposing to do.
Board of Adjustment
May 8, 2013
Page 6 of 10
Pugh said they don't feel that having the ghost spaces or redeveloping the property as proposed
will have much of an effect on the demand for parking in the area. He said residents in this area
may be inclined not to have a car if parking is so difficult.
Pugh said the redevelopment plan is consistent with the Central District Plan in that it will blend
in with the surrounding area. The plan calls for apartments that will help support business in the
area; the plan calls for one - bedroom apartments that will attract long -term residents. The
building will be close to the street, and redevelopment of the site will better position the owner to
attract a commercial tenant, adding to the mix of other commercial buildings in the Northside
Marketplace.
Pugh explained that they ran one pro forma under its current configuration and another based
on the proposed square footage of the residential units and the commercial space, with the
second pro forma yielding a more attractive rate of return.
Pudh read frt�m a memo, by 4hrI' Rearm of the pity expr�ssin �upp�rt fbr the proposed project.
Pugh said the applicant is in agreement with the conditions of the staff report.
Baker asked how much useable commercial space the property currently has.
Jay Nelson, 3237 Jasper Avenue NW and owner of the subject property, replied that it is a bit
less than 1200 square feet on the main floor. Baker asked if the new construction would
increase the commercial space. Nelson said it would not. Baker asked what Nelson would
charge if someone wanted to use that commercial space now. Nelson said he's getting nothing
for it today. Baker asked if he's confident that having new commercial space will get him tenants
that he's not getting now. Nelson said he's heard of interest in the new space. Baker asked if it's
possible with the new plan to have more than one commercial tenant. Walz said that would be
doubtful with such a narrow space. Baker said other than the parking problem, which to him is
the least of the problems with regard to a variance, what are the building impediments to using
the current building to achieve the same purpose of commercial on the ground floor and two to
three apartments. Walz said in order to do that, the owner would have to come into compliance
with some of the parking requirements. She said he doesn't have rights to residential right now
so to do a change of use he would have to provide the parking. She said it's not necessarily the
absence of parking that is the impediment to investors: it's the improvements that need to be
made to the building itself. They would be sinking a lot of money into what is really an obsolete
building. Baker asked if he could still get a variance for the parking using the same property.
Walz said the desire is to have a building that's a real asset to the neighborhood and its
commercial tenant, and the Board would be waiving parking either way. Therefore it seems
better to get a building that is useful and attractive.
Baker asked if the owner anticipated the costs when he bought the building. Nelson said he
bought the building for sentimental reasons and was under the impression that he could have a
renter upstairs. Baker said he would ask how much of the responsibility is on the owner for
creating his own hardship, as in this and other cases he has seen. He said he'd like to talk to
the Board at some time about if there should be some process in the buying and selling of
property where the new owner is aware of what can be done with the property.
Walz said what renders the building obsolete is lack of maintenance and updating over many
years and changes in the Building Code and the Zoning Code. She reiterated all the reasons
Board of Adjustment
May 8, 2013
Page 7 of 10
that no one is able to make use of this building in its current state. Baker said he was agreeing
that the proposed building will be a substantial improvement to the neighborhood but was
questioning the legal justifications here and what they are using as the criteria for hardship.
Walz said that hardship is the highest bar to meet because so often the case is that a person
bought something they thought they could use in a way that is not allowed. Baker said he thinks
the point is that as much work that would have to be done on the building, it's not financially
viable to do so.
Grenis opened public hearing.
Grenis closed public hearing.
Soglin said that there are new techniques being developed for waste management, and in the
future there may be a different method used, like composting. She said there was a hope that
people without cars would live in this building, yet there is no secure bicycle parking. Walz said
that efficiencies and one - bedroom units are required to have .5 bicycle spaces. Holecek said
that typically bicycle parking is addressed by the installation of a bike rack, but she can't confirm
that.
Jennings said because this a variance, the Board should be forward- thinking and say that the
variance should also address the larger goals of this asset to the community, that it includes not
just the reduction of the number of cars but that it also address things like solid waste
management, recycling, and the larger picture that is also beneficial to the community. He said
this is an issue that he would like City staff to address by being forward- looking as they look at
incentives and not limit themselves to just parking spaces.
Walz said there is currently a pilot program under way for recycling in multi - family housing.
Jennings said he would add a condition that the City of Iowa City Housing and Inspection
Services verify that dumpster storage and access removal and proper replacement to storage
locations is feasible in practice and application for compliance with the storage ordinance and
general public health and safety standards.
Baker said he would like it to spell out that it's restricted to three one - bedroom or studio
apartments.
Chrischilles asked if that isn't already inferred by the three parking spaces that are allotted.
Walz said it is.
Baker moved to approve VAR13- 00001, a request to waive the Zoning Code requirements
for eight off street parking spaces to allow redevelopment of a property located in the
Central Business Service (CB -2) zone at 211 N, Linn Street subject to the conditions:
1. Substantial compliance with the floor plans submitted and elevations submitted
on May 2 restricting the residential use to three one - bedroom or studio
apartments. Any changes to the floor plans or elevations to be approved by the
Director of Planning
2. The applicant must secure a building permit and final approval for exterior design
and materials from the City in order to construct the proposed building
3. That the City of Iowa City Housing and Inspection Services verify that dumpster
storage and access removal and a proper replacement to storage location is
Board of Adjustment
May 8, 2013
Page 8of10
feasible in practice and application for compliance with the storage ordinance and
public health and safety standards
Jennings said the third condition mandates that the dumpsters are properly stored and returned
to their proper storage and not just on a drawing.
Jennings seconded the motion.
Baker said regarding VAR13 -00001 he concurs with the findings set forth in the staff report of
May 8, 2013, and concludes that the specific criteria are satisfied. Unless amended or opposed
by another Board member, he recommends that the Board adopt the findings and staff report for
the approval of this proposal.
Grenis added that in addition to the staff findings, he finds that it's not contrary to the public
interest based on correspondence the Board received supporting the decision and that this is
completely in line with the Comprehensive Plan, in particular the Northside Marketplace section
of the Central District Plan.
Soglin added that the applicant is facing hardship due to a unique combination of issues that no
other properties face in terms of having no storefront windows and having a raised first floor.
Jennings said that this is not a case of hardship by neglect, that the property owner has not
deliberately allowed this property to fall into a state of neglect such that he is claiming hardship.
A vote was taken and the motion passed 5 -0.
Grenis declared the motion for the variance approved, noting that anyone wishing to appeal the
decision to a court of record may do so within 30 days after the decision is filed with the City
Clerk's Office.
r� UZ14 7
Consider a request to extend the term of a special exception for New Cingular Wireless
PCS LLC (AT &T) to locate a communication transmission facility in the Neighborhood
Public (P -1) zone at 2901 Melrose Avenue (West High School).
Walz said it is not definite that the applicant will need the extension. She said they have been
making progress with the Building Department within their six month term but various delays
from the school district for some soil studies among other things have delayed the process, and
now the school district is asking the applicant to wait until the school year ends to install the
tower and antenna. She told new Board members that it was the choice of the school to have
the tower located on its property and showed them what the applicant intends to do. She said
the Board can either grant the extension to September 1, or the applicant will have to reapply.
Baker moved to approve a request to extend until September 1, 2013, the term of EXC13-
00003, which was approved in February of 2012.
Jennings seconded.
A vote was taken and the motion carried 5 -0.
Board of Adjustment
May 8, 2013
Page 9 of 10
OTHER:
BOARD OF ADJUSTMENT INFORMATION:
Walz thanked Jennings for his service to the Board. Jennings said it has been a special
pleasure to work with a City staff that is as meticulous and thorough and well- intentioned in their
work.
ADJOURNMENT:
Jennings moved to adjourn.
Baker seconded.
The meeting was adjourned on a 5 -0 vote.
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IP16
MINUTES PRELIMINARY
HISTORIC PRESERVATION COMMISSION
MAY 9, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Kate Corcoran,
Frank Durham, Andrew Litton, Pam Michaud, Ginalie Swaim,
Dana Thomann
MEMBERS ABSENT: David McMahon, Frank Wagner
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Don Cochran, Boyd Crosby, Richard Holmes, Joel Kline, Mike
Oliveira, Brad Pouleson, John Shaw
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CONSENT AGENDA:
Certificates of Appropriateness:
1133 East Court Street.
Peterson said this is a skylight project in the Longfellow Neighborhood. She said the proposal is
for two skylights on the back side of the main roof.
424 North Van Buren Street.
Peterson said this property is in the Northside Historic District. She said the proposal involves
an upstairs window towards the back — a casement that will be replaced with a larger but more
appropriate double hung window.
416 South Governor Street.
Peterson said this property is in the Governor -Lucas Conservation District. She said this is a
UniverCity Partnership project and the work includes a side window that is to be replaced with a
new double hung window, and two doors to be replaced with new fiberglass, full -light doors. The
window is on the north, the door locations are on the back of the house and inside a vestibule
on the south side of the house.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 2 of 18
Paul -Helen Building.
Peterson stated that this building, located on Washington Street, is proposed for a fagade
improvement at Quinton's, the very east -most bay of the building. She said the plan is to re-
create the historic prism glass transom and to build a storefront that is more similar to the other
ones in the building.
Holmes introduced himself as the building operations manager. He said they will try to make
the storefront similar to how it was in 1912 and have been working closely with Peterson and
city and state staff and look forward to taking the project to completion.
MOTION: Corcoran moved to approve certificates of appropriateness for the
applications for the projects at 1133 East Court Street, 424 North Van Buren Street, 416
South Governor Street, and the Paul Helen Building in downtown Iowa City.
Miklo added that the property on Governor Street will have fiberglass doors and a double hung
window.
Baldridge seconded the motion. The motion carried on a vote of 8 -0 (Baker, McMahon,
and Wanner absent).
CERTIFICATES OF APPROPRIATENESS:
708 Rundell Street.
Peterson said this property is in the Longfellow District. She showed the front of the house and
the one -car garage behind the house.
Peterson said the garage is interesting, because it has a bump out on the back. She said the
plan is to lift the garage, cut off the rotten sill and replace it, build a concrete foundation, and set
the garage back down. Peterson said it should be the same height as it is now. She said the
owners are planning to remove the bump on the back and questioned whether that might
require a demolition permit. Miklo suggested the owners be asked if they would be willing to
keep that part of the garage.
Brad Pouleson, the contractor, said he does not believe the bump out is part of the original
structure. He said the footings do not extend to the bump out. Pouleson said it is actually
worse than it looks in the photograph and would basically have to be rebuilt. He said that most
of the supporting structure is rotted throughout.
Pouleson said the bump out is not on the original footing, which is why he wanted to restore this
to what he perceived to be the original condition of the garage. He said he does not believe it
extended out that far.
Miklo said that is certainly acceptable. He said the bump outs reflect the fact that these garages
were built for small cars like Model Ts, and then sometime in the 1950s these bump outs were
added on to accommodate larger cars. Miklo said it would be nice to save some of them,
because they reflect the evolution of automobiles and how garages had to adapt. He said,
however, if it is in really severe condition, the owner would have the option of allowing it to come
off.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 3 of 18
Corcoran asked if this would be an historic feature that is considered significant to the
architectural character and style of the building. Miklo said it would be difficult to say that about
a garage, although the preference would be to preserve this feature. He said staff understands,
given the condition, that this is not salvageable.
MOTION: Michaud moved to approve a certificate of appropriateness for the application
at 708 Rundell Street as presented in the application. Ackerson seconded the motion.
The motion carried on a vote of 9 -0 (McMahon and Wanner absent).
815 Brown Street.
Peterson said this property is in the Brown Street Historic District. She showed all sides of the
house, including the south, where the addition will be.
Peterson said the dimensions of the addition are approximately 12 ft. by 24 ft. She said the
roofing would be a standing seam metal roof to match the existing, and the siding would be a
lap type siding. Peterson said there is a question as to whether it can be fiber cement board or
another product, and there will be a presentation on that. She said the foundation would be
concrete with stucco on it to match the existing. Peterson said the windows would be Jeld -Wen
windows.
Peterson said that everything is okay with this application. She said there is a question about
the siding material, and there is an issue with the drawings as to how the new roof meets the
back side of the house. Peterson said that is the only condition she had on her
recommendation — that a final design be provided for the roof.
Shaw stated that he is the architect for this project. He said he wanted to correct one item.
Shaw said the owners do not intend to put stucco on the concrete but intend to hand dress it
while it is green to get the texture very similar to the texture of the existing foundation.
Shaw said the reason that two types of siding were submitted is that they are evaluating which
type of siding they want to use. He said he knows the Commission has approved fiber cement
board in the past. Shaw said the LP Smart siding that he submitted is a viable alternative.
Shaw provided samples of the LP Smart siding. He showed a piece of fiber cement board and
a piece of the smooth LP Smart siding. Shaw said they are very similar in texture. He said
there has been discussion that fiber cement board produces a lot of silica dust when it is
worked. Shaw said it requires masks for those using it and special blades to work on it. He
said there is quite a bit of breakage with the fiber cement board, because it is a brittle product.
Shaw said that fiber cement board has a fairly large carbon footprint. He said that producing
cement is a very energy intensive process. Shaw said the LP siding is essentially pressed
hardboard, produced from waste from sawmills. He said the applicant is asking for the option to
use one or the other.
Shaw said that both of the products have superior paint - holding ability and would look very
close to the original wood siding on the house. Swaim asked how long the LP siding has been
in use, but Shaw did not know.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 4 of 18
Miklo said it is a fairly new material. He said it was previously known as masonite siding, used
in the 70s and 80s, and there were a lot of issues with it. Miklo said it absorbed water and
tended to disintegrate. He said this is a reformulated product. Miklo said it is being used in
some applications in the Peninsula Neighborhood but does not have as long of a track record as
fiber cement board siding.
Shaw said he is working through the details of exactly how to make the roof work and will bring
in details when they get to that point.
Regarding the roof and how it ties in, Miklo said staff could envision a couple of solutions. He
said the guidelines discuss offsetting the addition from the original. Miklo said that pulling in the
sides, in simple straight lines in plan, would allow the roof to come in and may be one solution to
explore.
Shaw said this addition will actually have very few square feet as proposed. He said one of the
reasons it is as small as it is is because they are being very respectful of the wonderful spruce
tree in the back yard. Shaw said, given the fact they are limited in the amount of square footage
they can build, pulling in the sides would be the equivalent of losing 16 square feet of usable
space, and this is a very limited floor plan. He said he can pull it in, but the reason he bumped it
out was to capture that extra square footage.
Miklo said staff would then suggest going straight back instead of having the little indention. He
said that doesn't help to resolve the roofline though.
Shaw distributed Preservation Brief number 14 from the National Park Service concerning new
exterior additions to historic buildings to the Commission. Miklo said the Commission's
guidelines are basically the same and suggest distinguishing the new from the old. He said in
this case the small size of the existing structure should be considered when interpreting the
guidelines.
Miklo said the proposed design certainly meets the guidelines, but it results in somewhat of an
odd indention where new meets old. He said the Commission has approved similar exceptions,
including the bungalow on Grant Street where, given the size of the house, the thought was just
to extend the addition straight out.
Shaw said the issue is to differentiate the new from the old and how to tie in lap siding that
varies from 4 1/4 to 4 3/4 —inch reveal. He said he went to the site and measured and feels that
if one doesn't put a vertical board between those, it will be difficult to make the lap siding look
decent. Miklo said that a vertical board could be put in. Shaw said he feels that would look
worse than having the recess and the intentional break.
Peterson said she feels confident that this can be worked out. She said it really just involves
where the roof ties in. Shaw agreed that it needs work. He said he feels that the space
between the two is a nice break between them. Shaw said the Historic Preservation Brief
referenced porches and residential units, and he said he disagrees that this is only intended for
larger buildings.
Miklo responded that he would not argue that. He said what they would normally do would be to
have the whole thing pulled in. Miklo said he is looking for an alternative, considering the
applicant would like to have more space.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 5 of 18
Shaw said there are four distinct references to "the apparent separation created by the recessed
connector." He read the reference that "additions may sometimes be successful if they read as
a separate volume, rather than an extension of the historic structure..." Miklo said that is the
idea of setting it in.
Shaw read the reference "incorporate a simple, recessed, small -scale hyphen to physically
separate the old and the new volumes or set the addition back from the wall plane(s)..." He
read from "Designing a New Exterior Addition to a Historic Building," where the first bullet item is
"A new addition should be simple and unobtrusive in design, and should be distinguished from
the historic building — a recessed connector can help to differentiate the new from the old."
Corcoran asked Shaw if the recesses cause any significant loss of area. Shaw said the other
alternative mentioned in the brief and suggested by Miklo is holding the side walls back for the
entire length. He said he chose not to do that because it takes away a little square footage.
Shaw said the proposal as drawn is acceptable to him.
Swaim asked if there is a way to make the roof work as drawn. Shaw said the easiest way to do
that will be to truncate the distance of the overhang. He said it will fit in and will also begin that
rise a little bit shorter. Shaw said that on the south elevation, it is pretty tight to those beam
ends anyway, and he would like a little bit more room there. He said the roof overhang would
then be less than shown and should solve the issue by letting it travel in under the existing
eave.
Miklo said the proposal is an acceptable way to do the roof on the new addition and does meet
the guidelines. He said he was offering a couple of suggestions as alternatives. Miklo said the
Commission could approve this as is, or if the Commission feels this results in some sort of odd
juncture, could approve it subject to some other solution.
Peterson said there is still a conflict where the new roof meets the back wall of the house and
the overhang of the existing roof, but she feels this roof issue can be resolved. Regarding the
siding, whether fiber cement board or LP SmartSide, she said she did not have enough time to
research the products. Peterson said she can talk to someone at the State Historic
Preservation Office to see what they are recommending. Shaw said he would take direction
from the Commission on that matter.
Regarding the siding, Miklo said staff would suggest approving the fiber cement board and,
depending on what is heard back from the State, approving the alternative subject to staff
approval.
Michaud suggested approving both methods of matching the juncture to give the applicant
flexibility in case the cost of one way would be exorbitant.
MOTION: Michaud moved to approve a certificate of appropriateness for 815 Brown
Street as presented in the application with the following conditions: provide final roof
design for review and approval by chair and staff for possible alternative joining of the
addition to the main house, with the approval of fiber cement board siding and, subject
to staffs research, the option of using LP Smart siding. Durham seconded the motion.
The motion carried on a vote of 9 -0 (McMahon and Wagner absent).
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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331 North Gilbert Street.
Miklo said this property is in the Northside Historic District at the corner of Gilbert and Davenport
Streets. He said the Commission has looked at this a couple of times and last year approved
an application to take off a couple of small additions and restore the front porch and remove the
stairwell and door from the west side. Miklo said the Commission had wanted to see a window
on that side in lieu of the doorway.
Miklo said some of that work has been done, but the applicant has requested some
modifications and also is not going to carry out some of the previously approved alterations.
He said the porch is going to stay as is; the applicant is not going to take off the room that was
added sometime in the 1990s. Miklo said the applicant will be restoring the porch, and the
railing, etc., and the Commission will need some details on that.
Miklo said the small entry addition on the north side is going to stay. The applicant has
determined that this still needs to be here to deal with a change in grade entering the house, so
that will stay the same.
Miklo said that on the west side, the applicant has proposed an awning window for the new
second floor bathroom. He said the extensive remodeling makes this is a unique situation, so
staff feels this would be an appropriate solution.
Miklo said that in the gable ends, the applicant proposes to remove the attic vents and replace
those with half round windows. He referred to a photograph from before the siding was put on
this house, saying that there was a half round window on at least one end if not all three, so that
would be an appropriate change. Miklo said the applicant proposes to use fish scale siding,
which was original here versus the vinyl lap siding.
Miklo said the applicant has removed the one -story portion of the building on the south side that
might have originally been a porch but at some point was enclosed. He said the demolition was
done without a permit. Miklo said the applicant has changed his mind and would like to rebuild
that portion of the building.
Miklo showed a view from the 1970s. He said he suspects that at one point this area originally
contained an open porch and a small room.
Miklo said the applicant is proposing to put back the one -story portion, and staff would
recommend that. He said the drawing shows a shed roof, but staff would recommend a roof
similar to what was there before, which would be similar to the front porch roof — more of a
shallow hip roof.
Miklo said staff therefore recommends approval of the application with a couple of conditions:
that staff and chair approve the final design for the railings for the porch and the deck, and that
the roof for the replacement addition and the trim match what was there originally. He added
that all other aspects of the application meet the guidelines. Miklo said this would typically have
been put on a consent agenda, if not for the demolished porch item.
Mike Oliveira, the applicant for the project, said this house is coming along pretty well,
especially considering the rough shape it was in. He said that they are not expanding that
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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space beyond the existing foundation that was put in. Oliveira said he asked Miklo for some
flexibility from the Commission, because they are still working to configure the inside space.
Oliveira said they know they are going to have a door there. He said they would like to have the
option to have a window but they are not sure if that will work with the kitchen design. Oliveira
said that for the space right there, they want to make sure there is enough roof pitch to use
shingles so that they don't have to have that ugly, metal roof. He said that in order to do that,
they need to angle it up just a little bit. Oliveira said it will look pretty similar to what staff
recommends if they put that little edge on, similar to a house on Johnson Street that he was
shown.
Oliveira asked about another window. Miklo said there is a small window on the south side of
the house that the applicant would like to remove that may not have been original, and staff
does not see an issue with that. He said it would also be fine to keep this window, and it might
be preferable to have a window there. Oliveira replied that he did not know if he can get it in
there because of the structural issues with the house. He said they had to put in a lot of new
beams, because there were a lot of cracked beams in the house.
Swaim asked if there was an issue with the front porch railings also. Oliveira responded that
they have not completed the design yet for the front railings. Miklo said staff is recommending
that be left to staff and chair approval so that the applicant would not have to return to the full
Commission.
Michaud asked, regarding the kitchen design, if there might be a short window over the stove.
Oliveira answered that the design will be reworked. He said the issue is that because that
space is not conditioned for heat and water underneath there because of the foundation, there
is a risk of having freezing pipes if he runs the sink all the way out to there and puts a window
there. Oliveira said they are currently trying to explore whether that is possible.
Michaud said it looks good. She said the south door looks kind of arts and crafts style to her
instead of Victorian. Michaud said it might be better to have a half light door there if the security
is adequate. Oliveira said he just used that door in the drawing, because he had it in his
program. He said that door will be half glass because of the light that will be needed in the
kitchen.
Oliveira said when he looked at the inside of the house to see what was left and try to restore
the woodwork, he could see the house is a combination of craftsman and Victorian, kind of a
farm house style.
Baldridge expressed appreciation for the efforts the owner has made to pull this house back
together. Oliveira said they have applied to purchase the lot next door for parking.
MOTION: Baker moved to approve a certificate of appropriateness for the application for
331 North Gilbert Street as presented with the following conditions: provide design
information for the new deck and deck railing and provide product information on the
door, roof, trim and windows for final review and approval by chair and staff. Thomann
seconded the motion. The motion carried on a vote of 9 -0 (McMahon and Wanner
absent).
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 8 of 18
2460 South Gilbert Street.
Peterson said this property is the historic McCollister farmstead that is just south of Iowa City on
Gilbert Street. She showed the location on a map and a photograph of the house, which is
originally from the 1860s.
Peterson showed where the new garage would be, at the end of the lane, at the site of a
previous outbuilding. She said that a three -car garage with an additional shop is being
proposed. Peterson said the dimensions are basically 24 by 52.
Peterson said the applicant has referred to a garage on Brown Street as the model for the
detailing on this project. She said it would be a board and batten design with trim similar to
what the Brown Street garage has.
Peterson showed a sketch of the three single garage doors plus the shop area with a pair of full
light type doors. She said it is a little different from what was shown in the packet, but staff has
been working with the applicant and the contractor.
Peterson said another correction is that the roofing that is being proposed is a standing seam
metal roof, which is also what is on the house.
Peterson said that with the conditions of providing the necessary product information and a final
design, staff is recommending approval.
MOTION: Thomann moved to approve a certificate of appropriateness for the application
for 2460 South Gilbert Street as presented in the application with the following
conditions: provide product information for siding and roofing materials, provide product
information for doors and windows, and provide final design for review and approval by
chair and staff. Corcoran seconded the motion. The motion carried on a vote of 9 -0
(McMahon and Wagner absent).
2530 South Gilbert Street.
Peterson said this is the other half of the historic landmark property. She said the applicants
have the same lane before it splits off. She said the site of this proposed house is where the
original barn has been removed.
Peterson referred to the drawings. She showed the elevation facing north toward the old house,
the elevation facing south and the two side elevations. Peterson said that as one comes up the
lane, the view would be of the west elevation.
Peterson said that the house plans and roof plans are in the packet. She said the materials
include a standing seam metal roof and a board and batten type of wall siding. Peterson said
the proposed windows are an Andersen product that is not one of the approved window
products, as described in the report.
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May 9, 2013
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Peterson said the foundation would be a manufactured stone veneer product. She said the
retaining walls would be faced with some salvaged stone from the barn, but there the veneer
product is proposed for anywhere there is stone on the house.
Cochran said that he and his wife are the owners of this property. He said they purchased the
entire property about nine years ago when it was ten acres. Cochran said it was in a bad
situation, so they subdivided it and sold it to someone who was moving into the house.
Cochran said he has been working on the remaining six acres for the past nine years. He said
the barn was unsalvageable; the roof had come off and the foundations were caving in.
Cochran said that he has reclaimed many things, including the cupolas, one of which they plan
to utilize as a part of the design. He said he salvaged the timbers out of the barn and will utilize
them on the interior. Cochran said the stone walls were taken down and salvaged. He said
there is not enough to use on the outside except for the retaining walls they are going to build
and in the interior for some fireplaces.
Cochran said the limestone from the barn is being kept and utilized wherever possible, and they
also want to use a product for a stacked stone veneer that hopefully will be fairly similar to the
salvaged stone.
Peterson said the original barn was about 45 by 80 in its footprint. She said the new house
would be an L shape of basically 62 by 63 in dimension. Peterson said the staff report confirms
that this style is appropriate. She said it is mainly with materials that staff has an issue,
because the proposed materials do not meet the guidelines.
Crosby, the general contractor for this project, showed a sample of the veneer product:
'Stackstone' by AN Stone. Swaim asked how deep the veneer is. Crosby responded that it is
anywhere from 1 % inches to 2% inches. Swaim asked if there is mortar in between. Crosby
said it is adhered to the wall, and then it is mortar between.
Cochran said there is another product from the same manufacturer that is actually bigger
stones; they just can't make it on a smaller scale. He said they will have to utilize it, because
the stone was not one consistent size; there were probably three or four different widths.
Cochran said they are trying to incorporate that. He said one can put a little bit of color in it, like
the one with more of a darker additive.
Swaim asked Commission members if they feel the product is compatible with salvaged stone.
Peterson said she does not know much about this product. She read from the guidelines that,
"Using synthetic masonry materials, such as artificial stone, is disallowed." Peterson said the
Commission has the option of overriding that and making an exception. She said she has not
seen an installation of this product.
Crosby said the real stone is more expensive and more labor intensive to install. He said that
the availability of some of it is not good either. Crosby said that in the last few years, there has
been a lot of this stone veneer used in residential and commercial. He said it is a very viable
product and has a nice look. Crosby said he has not heard of any problems with the product but
said he does not know how it has held up over time.
Michaud asked if the product is fabricated out of cement. Crosby confirmed this.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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Miklo said that if the Commission felt there was a compelling reason to override the guidelines,
that would have to be stated to approve the material. He said the one thing that may justify this
is that the applicant is trying to match the original stone foundation in color and texture, and that
may be hard to do without a synthetic product. Peterson commented that for this product, it
appears that the selected style is the closest match.
Baldridge asked how much of the original stone will be usable. Cochran said he hopes to reuse
all of the stone that he has salvaged. He stated that it was originally a beautiful bank barn, so it
didn't have the stone on the south side. Cochran said the north side and the east side have just
come down as they tried to take it down safely, so the only salvageable stone left is what is
there. He said the goal is to utilize as much as possible in the retaining walls and the interior,
and if there is any left, he would try to use it in a veneer or on the property.
Peterson said it would be a bigger stone than is seen with the veneer sample. Cochran
confirmed this. He said there will be some small like that, but most of them will be bigger
pieces.
Durham asked if the guidelines require the use of historically accurate, archaic materials in new
construction. Peterson said the guidelines for new construction do not recommend using a
veneer, and do not allow a synthetic masonry, for the purpose of maintaining standards of
quality.
Miklo said it may be that when the guidelines were written, this product was not in use or had
not been presented. He said it does seem to be a little higher quality than what was seen in the
past in terms of substitute stone materials. Miklo said if the Commission is comfortable with
this, there is an avenue to approve it, in that an exception could be based on trying to match the
historic color and texture of the barn foundation.
Swaim said it is a big component of this. She said there is a lot of stone that will be visible.
Michaud asked if there is a need or requirement to replicate this. Miklo said there is not and
said in fact the owners could use a smooth, concrete foundation or a slightly textured
foundation. Michaud said the more discordant element to her is the boat -like appearance of this
house design.
Thomann said the guidelines state the new house must be compatible with the landmark
farmstead. She stated that the whole project, to her, doesn't really look in character.
Miklo said there is a park to the south of this property. He said that is important to remember,
because the historic views of the property will remain open.
Thomann said that if one puts new buildings on a farm and wants them to look old, one really
has to go with an old look. She said that to her, this looks very modern in general. Thomann
said she appreciates the stone and the materials the owner wants to use. She asked if it
matters if the building looks accurate, because there is a prairie park there and development to
the other direction. Thomann said she feels that in a few years, this will not look accurate at all.
Miklo said he has seen many examples of houses that were modeled after barns, and they have
more of a barn shape to them. He stated that the applicants came to staff fairly late in their
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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design of this house. Miklo said the staff goal was to take the design the owners already had
and try to do the best possible without having them redesign the entire thing.
Miklo said that ideally, the owners would have come to staff at the beginning of the project, and
they could have explored something that was more appropriate to a barn in scale. He said staff
is therefore working with what was presented. Miklo said staff felt that the elevation that is
visible from the historic house is important, and it should be simple and have as much of an
agricultural appearance as possible.
Miklo said the elevation visible coming up from the driveway is also important. He said the
eastern part will really only be visible from within the property itself.
Corcoran asked about the doors on the north. Cochran replied that those are garage doors for
a four -car garage stacked two on two.
Michaud asked about the angle of the roof on each end and if that was meant to tie in with
anything. Cochran responded that it is a typical design of many barns to have an overhang for
the hay rack and a variety of different things. He said that primarily there is an overhang on the
south and west in order to block the heat and sun a little bit.
Thomann said the dovetails were actually on the building for lifting hay into the buildings. She
said the angle of that does not look like a dovetail to her.
Miklo said that if the Commission has serious concerns about the overall design and wanted to
defer this, a special meeting could be scheduled. He said otherwise, it could be approved with
the condition that the details are to be worked out as discussed in the staff report.
Kline, the owner of the house at 2460 South Gilbert Street, said he has been working with the
Cochrans regarding preserving the character of this property. He said that no one is more at
risk from a bad design than he and his wife, since they are the only ones who live there.
Kline said that from his house, this new construction is going to fade into a hollow. He said he
will see more of the roofline than anything else, and that only in the winter. Kline said that when
one looks at that view from the road, the stone face will be seen, but the house is really set
down behind there into the hollow. He said that from his property, the softball fields and City
maintenance buildings are much more visible than this is going to be.
Kline said that if one is really concerned with the historic appropriateness of the building, it
should be from his view, not from people driving up and down Sand Road. He said that
although this is not a 19th century barn in any way, this really does have elements. Kline said
that from what he has read about historic preservation, it is important to preserve elements.
Kline said the goal is not to make it a pretend 1860s building but to make it consonant with the
area. He said that with the utilization of the existing materials, with the stone, and with the
milled timbers, there are a lot of elements that are to be applauded in the design.
Regarding the surrounding properties, Miklo said this is one of the original farms of Iowa City,
and the whole property is a landmark. He agreed that there are modern properties that are
going to be visible from this, but this project deals with this landmark property, so it should be
the Commission's concern as to what happens on this property and how it is viewed from the
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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roadway. Miklo suggested the Commission consider all the issues and then maybe come back
to make some decisions.
Peterson stated, regarding the board and batten siding, that the packet contains three different
products that were submitted with the application. She said the first two are metal, and the last
one is fiber cement board with the batten design. Peterson said that because the Commission
has approved fiber cement board in the past, it is her recommendation to go with that.
Crosby said they would either use the fiber cement siding with the vertical batten or a
Breckenridge wood /plywood product that is a rough -sawn product that emulates the look of the
old barn boards with the batten.
Peterson said this historic property will have the new garage, which is a substantial structure,
and this building, both with similar siding material. Miklo said if that is acceptable, it would not
need to be discussed any further. Cochran said that is acceptable.
Regarding the trim, Crosby said the trim would be wood if the siding is wood, and if it is fiber
cement board would be Azec, or vinyl, manmade product. He said that when it is painted, one
will not be able to tell if it is vinyl or wood.
Swaim said vinyl is disallowed. Crosby said that they would use wood then. Swaim said that
metal -clad wood is allowed for windows.
Regarding the windows, Peterson said staff has not researched this Andersen product. Crosby
said it is a vinyl -clad window and therefore probably does not meet the guidelines. He said they
would therefore use a metal -clad window. Peterson said there are many options that would be
acceptable, and Crosby agreed.
Swaim said the Commission will need to decide whether it would make an exception for the use
of the stone veneer.
Thomann said that she finds the material acceptable but has some issues with the broad
picture. She said that because this is an historic landmark and is a piece of history, the
Commission really needs to consider that. Thomann stated that farmers now really aren't in
existence anymore; the business is mostly corporate. She said the old farmsteads are being
torn down, and it is very rare to be able to go see what a real farm looked like back in the day.
Thomann said she likes the idea of having a nice transition into what is there now. She said she
just wants to find out what fellow Commission members think about the design, as it is not a
piece of what that farm looked like.
Ackerson asked if it is a charge to recreate a living history farm. He said we have those.
Thomann said that we had to build them, because we don't have the real thing anymore.
Michaud said the owners are not restoring or repurposing a barn but are just utilizing some of
the materials. She said it isn't a restoration but is hopefully a compatible and agreeable design
to the people who are careful with their current, historic house. Michaud said it would be nice to
have a recreated barn there and make it into a house, but she did not believe the Commission
can require that.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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Baldridge said that the house that is now being restored is not what was there when Clark
started the farm in 1837. He said it is a much later incarnation.
Durham said it is sort of a basic question of authenticity. He said that in a contemporary
construction we have references. Ackerson said that even if there is some replication of that
original house, the one connection would be the money that it cost to build it. He said he is
more comfortable with what is proposed here than he would be with trying to recreate the
project.
Thomann said she appreciates the fact that the owners could put in a cement foundation and be
done, but instead they are really thinking about the elements.
Peterson said it is good that the building is being sited in the same location as the barn. She
said that putting it right where the barn was seems appropriate.
Swaim asked if there is anything that could be tweaked about the piers under the deck.
Cochran said that won't be seen; one would have to be in the prairie at the fence line to see it.
He said it looks south into the hillside. Miklo said the Commission looks at all four sides of the
house, although there would be a little more latitude on the back. Cochran said these are
actually limestone blocks, but he could use timbers that go all the way to the ground.
Peterson said perhaps the deck could be pulled back in closer, not projecting out as far, but
could be wider as it wraps around,. Crosby said that extension from point to point is planned to
be somewhere between 12 and 14 feet. He said it is about an average -size deck. Peterson
said that there could be more of the stone walls to make it seem more grounded.
Crosby asked how much of the land involved here was in the McCollister Farmstead that was
put on the National Register. Miklo said it is the entire ten acres.
Cochran said that when he originally bought the property, he was told that he could subdivide.
He said he subdivided it to six and four acres, and it is zoned RS -5. Cochran said that he could
put whatever amount of lots he wanted out there.
Ackerson asked why the Commission is involved in this at all. Miklo said it is because the entire
property is a landmark property. Durham asked if that means there are requirements that go on
to successive landowners. Miklo confirmed this.
Cochran said his option is to take his parcel and try to get it off the National Register. He said
the property was divided because it was too big for one person to manage with that huge of a
house.
Cochran said that if one reads it, it specifically says it should be on the National Register
because it was the first farmstead, although there is really no farming that can be utilized today,
and because of the barn and the smokehouse. He said he never saw the smokehouse and
could not salvage the barn. Cochran referred to the properties abutting his land, including the
Southgate property and the City property.
Cochran said the only real historic building is now the old house. He asked if the rest of the site
is any more historical than the Southgate property or the City's prairie.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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Peterson said this is a cultural landscape; it is not just the building. Miklo said that originally, all
of the outbuildings associated with the working farm are located on this piece. He said it is
important from an historical perspective to be good stewards of the entire property, not just the
portion that is left with the house.
Cochran said that was a pasture and a lot in the old days — the old property that wraps around.
He said there were three additional houses on the property, but they are no longer there.
Swaim said it is a good point that this is an historic site; it is not necessarily just the structures
that were or were not there. She added that there are many examples of land on the National
Register without a structure.
Swaim said whether there is more development around the property or not is not a good reason
to her to depart from respecting the historic nature of the land. Durham said they have already
torn down the barn, and the rest of the structures are all gone. He said he is not inclined to start
arguing about the architectural details of the structure.
Michaud said that if Southgate owns the land to the east of this property, then the people on the
east will be looking at what is considered the back of the house now and will think that is
somewhat historically accurate. She said that then it really emphasizes the problem with the
triangle protrusion and glass that would not happen historically.
Peterson said the glass, and the deck, would be facing mostly to the south. She showed the
outline of the house and where the deck would be.
Corcoran asked if the deck will be seen by someone driving by on Sand Road or only by
someone going up that lane. Peterson said it is at least 12 or 14 feet up in the air.
Cochran said there is a foundation there from another house that Shower built originally. He
said the property continues to evolve and is not like it was in 1865.
Peterson said the topography drops as one goes down the lane. Durham said it looks like the
new house is going to be entirely below the level of the old McCollister house. He said that if
one looks straight out from the McCollister house, one will be looking over the roof of the new
house. Peterson agreed that compared to the barn, it is a lot lower.
Thomann said that in essence, the Commission is being asked if it will preserve the landmark to
what it is now at the ten acres or if it will let go of those six acres and let that part look modern
and have the other part be what it once was. Miklo said the Commission is really to look at the
whole property. He said no one would expect a reproduction of the barn that was there and
putting a house into that reproduction.
Miklo stated that there is a way to design a house that has more of the essence of a barn in this
location that would function as a modern house. He said staff's greatest concern was the view
from the historic house looking south. Miklo said staff feels this is a reasonable approach,
although there could be a better design.
Miklo said if the Commission has concerns, this item could be deferred so that the issues could
be worked through. He added that if the Commission is comfortable with the general direction
of this, staff would recommend approval with those conditions regarding materials.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
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Regarding the development to the east, Miklo said that is over the ridge, so even when that
subdivision to the east is approved, it won't be noticed. He said one will see this view with
whatever is built here. Miklo said there is some real merit in being careful about what goes on
this site because of the condition of the farm and the properties on either side of it.
Baldridge said this structure is not a replica of the original barn, and that is why he feels the
applicant should receive more latitude.
Corcoran asked the applicant if there was some reason he put off going to the City, since he
knew the significance and history of the site. Cochran said he thought, knowing the history of
the property, that its original intent was to be subdivided. He said as many as eight lots were
originally approved. Cochran said he has drawings from six years ago, when the original
concept was to build a barn -type fagade but even further down. He said there were to be
condos above and buildings below where people could sell their wares, with seven lots behind.
Cochran said he felt that the view is the drive up that lane. He said that instead of saying he
was going to build whatever he wanted to build right down below and block Kline's view and just
take it out of its history, there was always something up there. Cochran said they tried to
address that and the fagade on the front and the lower level. He said he thought his design
would be applauded, but he felt he had the right to make multiple choices.
Miklo said that in those conversations with the idea of a seven -lot subdivision, it was made clear
that any building on the site would have to go through historic preservation design review.
Cochran said he agreed that the design factors would probably be extensive. He said he felt
moving from that scale to this scale would be more acceptable. Cochran said he did not have to
come with a barn; that was not a requirement.
Swaim said the level of discussion and the amount of time the Commission is giving this shows
how much it matters. Cochran said he has also spent a lot of time on this.
Corcoran asked who would have approved a subdivision on this property. Miklo answered that
the Planning and Zoning Commission would have had to approve the subdivision, and any
building constructed within that subdivision would have to be approved by the Historic
Preservation Commission. He said there were proposals and concept plans at staff level, but
the proposal never made it to the Planning and Zoning Commission. Miklo said that the farthest
this project ever got was to be divided into two portions: one of six acres and one of four acres.
Corcoran said that is the legal decision that is important, because that is what has the
ramifications for what happens for the other part of the property. Miklo said that is correct.
Regarding the deck, Corcoran said that is the one thing that bothers her. She said that although
it may not be seen from the street, in just looking at the design, she sees that end and sees that
thing sticking out and thinks that it kind of looks like an A- frame.
Miklo said that if a majority is comfortable with the general design, it could be approved with the
exception of the deck, which could come back at a later meeting. He said the applicants are
anxious to get the house under way so that could get started in the meantime. Miklo said then
the deck design could come back at a later meeting, or it could be turned over to the chair and
the staff to be worked out.
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 16 of 18
MOTION: Corcoran moved to approve a certificate of appropriateness for the project at
2530 South Gilbert Street with regard to the stone facing of the retaining wall and house
to allow a special exception. She said the Commission finds it appropriate to waive the
guidelines because the owners are trying to match the original stone from the foundation
of the barn through the use of the concrete veneer product so that the look, color, and
texture of the barn foundation can be recreated. Ackerson seconded the motion. The
motion carried on a vote of 9 -0 (McMahon and Wagner absent).
MOTION: Ackerson moved to approve a certificate of appropriateness for the project at
2530 South Gilbert Street as presented in the application with the following conditions:
the board and batten siding to be fiber cement board or wood siding, with shaped
battens; windows to be wood or metal -clad wood; provide product literature for exterior
doors; trim boards to be wood or fiber cement board; confirm material and finish for
deck railings; and provide above information for review and approval by chair and staff.
Baldridge seconded the motion. The motion carried on a vote of 9 -0 (McMahon and
Wagner absent).
MOTION: Baker moved that the final design of the deck and posts for the application for
a certificate of appropriateness for 2530 South Gilbert Street be reviewed by chair and
staff. Corcoran seconded the motion. The motion carried on a vote of 9 -0 (McMahon and
Wagner absent).
Swaim thanked the applicant for taking on this huge project. She said it is a very complicated
and worthy undertaking.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Peterson said there were three certificates of no material effect; there was one intermediate
review, and there were no minor reviews.
REPORT ON BRICK SIDEWALKS:
Miklo said that at the City Council meeting a few weeks ago, the Public Works Director
presented the issue of the brick sidewalks. He said that the Commission had recommended
that some effort be made to preserve them and sought some City funding for that.
Miklo said the City Council wanted some evidence of neighborhood support of retaining and
restoring the brick sidewalks and suggested that a PIN grant be applied for. He said that the
PIN grant application has to come through the neighborhood association itself.
Miklo said that Ackerson volunteered to write a PIN grant application, which was being
considered by the neighborhood association. Miklo said the idea is that for the sidewalk that is
in the worst condition, the neighborhood would seek a PIN grant to pay for the difference
between the owners replacing it with concrete and what it would cost to restore the brick
sidewalk.
Miklo said the goal is that in future years, the City would apply for future grants, look for other
sources, or leave the sidewalks as is. He said the one sidewalk on the west side of the street is
HISTORIC PRESERVATION COMMISSION
May 9, 2013
Page 17 of 18
in very poor condition and may carry some liability issues. Miklo said the other sidewalks are a
little more serviceable.
Miklo said there will be a City Council meeting on May 10 at which a neighborhood
representative will need to be in attendance to represent the case. Thomann said she would be
willing to represent both the neighborhood and the Commission with that application.
Swaim thanked Ackerson and Thomann for helping with this project.
REVIEW NATIONAL REGISTER NOMINATION OF BOWERY GROCERY STORE, 518 EAST
BOWERY STREET:
Swaim said the nomination has been revised very slightly. She said the property will be called
the Bowery Grocery Store. Swaim said the criteria are still to be determined with the State
Review Committee.
Peterson said staff will fill out the CLG National Register review form.
CONSIDERATION OF MINUTES FOR APRIL 11 2013 HISTORIC PRESERVATION
COMMISSION MEETING:
MOTION: Corcoran moved to approve the minutes of the Historic Preservation
Commission's April 11, 2013 meeting, as written. Baldridge seconded the motion. The
motion carried on a vote of 9 -0 (McMahon and Wanner absent).
Miklo stated that there will be a statewide preservation conference in Burlington on August 22-
24th. He said the City would reimburse some of the travel expenses and registration fees and
such for two or three Commission members to attend.
Swaim said that Thomann will be resigning her position on the Commission. Swaim thanked
her for her service.
Miklo said there will be a lecture on May 16 at the State Historical Society Office. Swaim said
they are doing a statewide survey of existing movie theaters in Iowa.
ADJOURNMENT:
The meeting was adjourned at 7:06 p.m.
Minutes submitted by Anne Schulte
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Minutes
Human Rights Commission
May 21, 2013 — 6 P.M.
Emma Harvat Hall
PRELIMINARY
IP17
Members Present: Harry Olmstead, Orville Townsend Sr., Joe Coulter, Diane Finnerty, Kim
Hanrahan, Dan Tallon.
Members Excused: Shams Ghoneim.
Staff Present: Stefanie Bowers, Sue Dulek.
Recommendations to Council: Yes, but Council action is not needed at this time as further
recommendations are forthcoming relating to the same recommendation. See New Business: Amendment
to 2 -3 -2 below.
Call to Order:
Chair Townsend called the meeting to order at 18:05.
Consideration of the Minutes of the April 16_2013:
Coulter moved to approve minutes, seconded by Hanrahan.
Motion passed. 5 -0. (FinnertyAbsent)
Public Comment of Items Not on the Agenda: None.
New Business:
Amendment to 2 -3 -2 of the Human Rights Ordinance
Commissioners approved to recommend proposed amendment G. The Commission will vote on
amendment E at the June meeting. Motion passed. 6 -0. Commissioners would like "developmental
differences" defined before so approving amendment E.
Juneteenth
Commissioners voted to contribute to sponsorship in the amount of $275. Juneteenth is an American
holiday that commemorates the end of slavery.
Old Business:
City of Coralville 4th Fest 2013
Commissioners opted to not participate in the event this year.
Human Rights of Persons Incarcerated
The Commission requested information from the County that breaks down persons incarcerated by age,
gender, race, ethnicity, and disability and immigration status. Olmstead moved to request, seconded by
Coulter. Motion passed 6 -0.
Finnerty would like for the Commission to think about what they will do with the information once it is
received. For consistency Townsend mentioned that the Commission should request what has been asked
for by the Ad Hoc Diversity Committee. Bowers noted that those recommendations have been given to
staff and that staff will report on those recommendations to the City Council in June. The City Council
has not discussed the recommendations further than asking staff to take a look at each one.
Old Business:
Iowa City Pride 2013
Commissioners Olmstead, Coulter and Townsend will staff the vendor table at the event. Bowers will
supply postcards announcing the vacancy on the Commission. Olmstead 12 — 2 pm, Coulter 12 — 5 pm,
Townsend 2 -3 pm.
Updates & Reports:
Fair Housing
Olmstead reported on the great turn out for the April fair housing training.
Youth Awards
Tallon asked that information relating to the youth ally award be sent to recipients of 2013 to solicit
nominations. Townsend asked that Commissioners email any ideas that they have for next year's event to
Bowers.
Proclamations
No report.
SEATS
Olmstead mentioned that City Council member Dickens spoke recently about the program and stated that
he felt that the Sunday service and door to door service would remain the same but that the half price
fares would be eliminated. Olmstead encouraged all Commissioners to contact Council members to
protest eliminating half price fares.
Education Subcommittee
Finnerty reported that she has been in contact with School Board Member Swisher and that a meeting will
take place in the near future. The subcommittee will reach out to former Commissioner Jessie Harper to
see if he is still able to participate.
Immigration Subcommittee
Hanrahan mentioned that meetings have taken place and that she hopes to be more active in the fourth
quarter. Finnerty spoke on the numerous immigration groups that have been created in the community and
the fabulous work of each. At this time, the Commission will keep their focus on the municipal ID
recommendation to the Council.
Hanrahan inquired about the City's progress with the recommendations given to the Council in December
of 2012. Bowers said that as noted in the memorandum from Assistant to the City Manager Geoff Fruin
the recommendations are being considered as part of the remodeling of the Washington Street entrance to
City Hall. In addition, Bowers said she would continue to update the Commission as information is
received.
Ad Hoc Diversity Committee
Townsend feels that the recommendations from the Ad Hoc Diversity Committee were misinterpreted.
Townsend noted his disappointment in the Council supporting a grant to place school resource officers at
City & West.
Building Communities
The committee held a meeting at the end of April and has since split into two subgroups, one focusing on
education and the other on housing.
University of Iowa Center for Human Rights
Olmstead noted that Professor of Law Adrien Wing will now head the Center and that Amy Weismann
will remain as the Deputy Director. The Center will have two locations, one where it currently is located
and one at the law school.
Commission
Finnerty requested that the Commission set aside time at the June meeting to discuss priorities.
Specifically discussing 1) how to address inequalities, 2) where energy should be focused, and 3) how to
track initiatives. In addition, Finnerty asked each Commissioner to ask 3 people what role they would like
to see the Commission play in the community.
Tallon reported that he has mentioned the vacancies on the Commission to several friends and has
encouraged them to apply.
Staff
No report.
Adjournment:
Motion to adjourn at 19:43. (5 -0) (Olmstead absent)
Next Regular Meeting — June 18, 2013 at 18:00.
3
Human Rights Commission
ATTENDANCE RECORD
YEAR 2012/2013
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = No longer a member
R = Resignation
4
TERM
6/19/
7/17/
8/21/
9/18/
10/16
11/20
12/18
11151
1/28/
2/19/
3/19/
4/16/
5/21/
NAME
EXP.
12
12
12
12
/12
/12
/12
13
13
13
13
13
13
Diane
1/14/14
X
O/E
X
O/E
O/E
X
X
O/E
X
X
X
O/E
X
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
x
X
X
Townsend,
Sr.
Dan Tallon
1/1/14
-
-
X
X
X
O/E
X
X
X
X
O/E
X
X
Kim
111115
X
X
O/E
X
X
X
X
X
X
X
X
O/E
X
Hanrahan
Shams
111115
X
X
X
X
O/E
X
X
O/E
O/E
X
X
X
O/E
Ghoneim
Jessie
111115
O/E
X
X
O/E
X
O/E
X
X
X
X
X
R
R
Harper
Katie
1/1/16
-
-
-
-
-
-
-
X
X
X
X
X
R
Anthony
Joe D.
1/1/16
-
-
-
-
-
-
-
X
X
X
X
X
X
Coulter
Harry
1/1/16
X
X
X
X
X
X
X
X
X
X
X
X
X
Olmstead
Connie Goeb
1/1/13
O/E
X
X
X
X
X
X
-
-
-
-
-
Howard
1/1/13
X
O/E
X
WE
X
O/E
O/E
-
-
-
-
-
-
Cowen
David B.
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
Brown
Henri
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
Harper
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = No longer a member
R = Resignation
4