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Home My WebLink About2002-02-19 Info Packet of 2/14 CITY COUNCIL INFORMATION PACKET o//ff eX-~ February 14, 2002 www.icgov.org I FEBRUARY 19 WORK SESSION ITEMS IP1 Memorandum from JCCOG Executive Director: Long-Range Transportation Vision Statements IP2 Strengthening and Valuing Latino/a Communities in Iowa Conference and the Latino/a Leadership Awards Brunch I MISCELLANEOUS ITEMS IP3 Memorandum from City Manager: Pending Development Issues IP4 Memorandum from Senior Building Inspector to City Manager: Board of Appeals Allowing the 2000 International Codes as an Alternate Method of Construction IP5 Memorandum from Development Regulations Specialist to City Manager: Floodplain Ordinance Amendments; 7'1'1 4th Avenue IP6 Letter from Erika Wilkins (Iowa League of Cities) to City Manager: Community Conversations on Immigration IP7 Note from Marianne Michael to City Manager: Growth IP8 Memorandum from City Clerk: January 29 Work Session IP9 Memorandum from City Clerk: February 4 Budget Work Session IP10 Memorandum from City Clerk: February 4 Work Session IPll Letter from William Buss to Planning & Community Development Director: Miller- Orchard Park IP12 Memorandum from Transportation Planner: Greenwood Drive Railroad Crossing IP13 Memorandum from Associate Planner Long to City Manager: Affordable Assisted Living in Iowa City IP14 Memorandum from Police Officer Mebus to Police Chief: January 2002 Monthly Activity Report IP'15 Iowa City Police Department Monthly Liquor License (Off Premise Sales) Report - December 200'1 IP16 Memorandum from Airport Manager to Airport Commission Chairperson Mascari: Commission Project IP17 Memorandum from City Attorney: Applicability of Public Records and Open Meetings Laws to Email Johnson County Council of Governments 410 E Wo~ir~ton St OvvG Cit~ bvv~ 52240 Date: January 22, 2002 To: Coralville City Council Iowa City City Council North Liberty City Council Tiffin City Council University Heights City Council From: Jeff Davidson, Executive Director ~~ Re: Long-range transportation vision statements In December and January JCCOG staff met with each of you to discuss transportation vision statements for your cities. This information will be used in the ongoing update of the JCCOG multi-modal long-range transportation plan. Enclosed is your updated vision statement which we have drafted according to our discussion with you. Please take the opportunity to review the transportation vision statement for accuracy. If there is a majority of your city council in favor of making any modifications, please forward them to me at your earliest convenience and no later than February 22, 2002. Thank you for your consideration of this matter. City of Iowa City: Long Range Transportation Vision Vision Statement The quality of life for residents of Iowa City is enhanced by a balanced, multi-modal system for transportation of people and goods. This is a system which will accommodate motor vehicles, public transit, bicycles, general aviation, and pedestrians - all as legitimate forms of mobility in the community, iowa City is enhanced by having readily available freight access via the air, truck and rail modes. Iowa City must strive to maintain: 1. The high level of transit and paratransit service, and an overall transportation system which enhances the quality of life for persons with disabilities. 2. A well maintained and safe transportation infrastructure. 3. A City government and transportation planning process which are open to input from citizens, which will ensure adequate attention is paid to all forms of transportation. 4. Modest traffic congestion and good air quality. 5. Viable older neighborhoods within walking and bicycling distance to the central business district and CBD employment center. The City Council should continue to consider neighborhood traffic calming projects where appropriate. 6. A vital pedestrian-friendly downtown which encourages non-motorized modes of transportation. 7. Bicycle parking facilities in the downtown should be adequate to meet demand and encourage persons to use bicycles as means of transportation. 8. An efficient, well-managed downtown automobile parking system which copes with downtown parking capacity issues through a wide range of solutions. 9. Innovations should continue to be considered, such as bicycle storage lockers, the downtown transit shuttle and promotion of alternative modes of transportation by downtown businesses and the University, Iowa City must strive to improve: 1. The adedal street system so that il accommodates all modes of transportation efficiently and effectively. 2. Traffic control devices and street markings so they are sensitive to the needs of bicyclists, pedestrians, and persons in wheelchairs, as well as motor vehicles. 3. Pedestrian walkways, bicycle trails, and multi-purpose pedestrian/bicycle facilities. 4. The creation of compact neighborhoods which encourage multi-modal transportation and discourage sprawl. 5. Transit service which is frequent enough and extensive enough to be perceived as a reasonable altemative to the automobile. Consolidation of area transit systems to encourage ' efficiencies should continue to be evaluated. 6. Financing arrangements that will eliminate the annual fiscal vulnerability of public transit and paratransit. 7. The negative impact of our transportation system on the envirenment by encouraging use of non-automobile modes of transportation. 8. The consideration of Iowa City-Cedar Rapids corddor transportation issues where appropriate. Jccogtp~Jong range planning~iowac~ty.doc Strengthening and Valuing Latino/a Communities in Iowa Conference and the Latino/a Leadership Awards Brunch Saturday April 27, 2002 Iowa Memorial Union, The University of Iowa, Iowa City, IA The Latino/a Conference, as it has become known since its' inauguration four years ago, is an opportunity to explore the changing demographics and dynamics of the Latina/o community in Iowa and the responsiveness of policy makers, business leaders and community-based organizations, to the fastest growing population in Iowa. According to the 2000 census Iowa's Latino/a population has grown 153% in the last 10 years. However, this new population is still untapped and under-served. The conference will emphasize "culture" as a strength that can be used to improve services to the Latino/a community (ideally one of providing optimum support to both the newcomers and the established persons of Latina/o origin). It will also provide access to and networking opportunities for Latino/a leaders who live and work in the state of Iowa. Registration for the conference will allow participants to attend a combination of three events. The Latina/o Leadership Awards Brunch, the main conference and the post conference reception. In addition to the outstanding nationally known speakers, it will include break out sessions featuring a wide range of topics and presenters, feature wonderful entertainment, opportunities to network, delicious food and beautiful art. Come join us!!! Conference Schedule 8:00 to 10:00 Registration 8:30 to 4:00 Latino Expo. (Exhibitor Display Areas) 9:00 to 9:50 Early Bird Workshops 10:00 to 12:00 Conference Begins (Music) Latino Leadership Awards Brunch Welcome: Governor Vilsack Keynote by: Anthony D. Romero 12:15 to 1:45 Workshops 2:00 to 3:30 Workshops 3:45 to 5:00 Keynote by: Loraine Guti~rrez (Music) 5:00 to 8:00 Reception featuring music and the art of Jose Guadalupe Posada The 2nd Latino Leadership Awards Brunch: Initiated by the Governor's Commission on Latino Affairs to profile Iowa's outstanding Latino/a Leaders. The welcome will be by Governor Vilsack (Invited) and the keynote by Anthony D. Romero. Keynote: Anthony D. Romero is the new executive director of the 81-year-old American Civil Liberties Union. He became the first Latino to take the helm of the nation's preeminent civil liberties organization when he started his new position in September 2001. A highly experienced, energetic and creative executive with a decade of leadership in large, complex and global not-for-profit organizations, Romero was born in New York City of immigrant parents from Puerto Rico. Romero was the first in his family to graduate from high school and college and to receive a graduate education. He is fluent in Spanish. Workshops: over 20 workshops (many featuring bi-lingual presenters) on topics such as Economic Development, Racial Profiling, Accessing Legislators, Human and Civil Rights, Latino/a Identity Development, Culturally and Language Appropriate Assessment and Services, Immigration, Family Group Decision Making, Latinas, Reaching Latino/ Communities, Education, services to Mexican's from the Mexican government, buying a home, access to medical services, and youth development. Youth Development Track: This concurrent event is designed to provide self-enhancing growth opportunities for high school age youth in Iowa. The event will feature special artists and workshops targeted towards youth. Persons interested in bringing a group of youth or seeking more information please contact Adele Lozano at 319-335-1255 or adele- Iozano@uiowa.edu. Afternoon Keynote: Lorraine Gutierrez Ph.D. is a dynamic speaker and scholar. She has a joint appointment in the School of Social Work and Department of Psychology at the University of Michigan. She brings to her speaking over twenty years of social work practice and research in multiethnic communities in New York, Chicago, San Francisco, Detroit and Seattle. She was recently selected as the Thurnau Professor at the University of Michigan (recognition of her excellence in undergraduate education) and the 2000 Harold R. Johnson Diversity Service Award. She has published over thirty articles, chapters or books on topics such as empowerment, multicultural practice, and women of color. Lorraine's keynote will be open to the public as the featured Ida Beam Guest Lecturer sponsored by The University of Iowa School of Social Work Post-conference Reception: There will be a post-conference reception featuring Iowa's best Latino/a. musicians and dancers as well as the dramatic prints of the noted th th Mexican artist Jose Guadalupe Posada. Various themes of late 19 and early 20 century Mexican current events and culture can be seen in the over 50 prints in "My Mexico." Posada's prints for penny newspapers and broadsides illuminate the realities of Mexican life of that time, and commemorate occasions such as political events, crimes, disasters, miracles, popular culture, and the glorification of heroes. Reflecting the values of the working classes, Posada's prints were often mean to elicit moral condemnation, while celebrating characteristics of human nature. Immigration Resource Center: The conference will also feature a day-long Immigration Resource Center (Which will provide information and answer basic questions about immigration). FEE AND CEU'$ The fee for the workshop is $35.00 ($25.00 students). The School of Social Work is an Iowa Board of Social Work Examiners approved provider #0034. This program is approved for 5.0 hours of continuing social work education. For more information contact John-Paul Chaisson-Cardenas at 319-335-4935 or john- chaisson~uiowa.edu. REGISTRATION FORM Strengthening and Valuing Latino Communities Saturday April 27, 2002 Fill out the registration form and mail with check made payable to The University of Iowa School of Social Work. Mail to 308 North Hall, Iowa City, IA 52242 - Attention: Kate Kemp. The fee includes workshop materials and branch. CEU's will be provided by the door for a $5.00 fee. NAME E-MAIL: DAYTIME PHONE FAX: ADDRESS: Street City State [] Enclosed is my registration fee of $35.00 [] I am a student. Enclosed is my registration fee of $25.00 FI I am planning to attend the brunch that is included __ [] I am registering after April 12. Enclosed is $40.00 (or call and register and arrange to pay at the door). We are grateful to our sponsors for helping us keep the cost of the conference low. Scholarships are also available. If you, or someone you know would like more information about scholarships, contact us Persons with disabilities are encouraged to attend University events. If you require an accommodation to attend this event, please contact us as soon as possible. Questions should be directed to Kate Kemp,, The University of Iowa, School of Social Work, 308 North Hall, Iowa City, IA 52242, (319-335-1254) or email kate-kemp~uiowa.edu. **** Registration confirmations will be done via e-mail or fax when ever possible. This event sponsored by: The University of Iowa (School of Social Work, National Resource Center on Family Centered Practice, Office of Admissions, Opportunity at Iowa & Museum of Art) State of Iowa Commission on Latino Affairs City of Iowa City, Diocese of Davenport, American Civil Liberties Union, Iowa Civil Liberties Unity, Iowa City Press Citizen With planning members representing: Iowa Department of Education, Iowa Department of Public Health, University of Northern Iowa, American Friends Service Committee, Central College, HOLA, America & Moore, National Council for Community & Justice (NCC J), Proteus, Iowa Civil Rights Commission, La Casa Latina, Hispanic Educational Resources, Latino Leadership Project, Hispanic Community Outreach Project, Institute for Social and Economic Development_WorkForce Development, Press Citizen, Disproportionate Minority Confinement, Des Moines Domestic Violence Shelter, United Action for Youth, Upward Bound Project, University of Iowa (Department of Community and Behaviora! Health, Colleges of Public Health and Education and the Office of Affirmation Action), Iowa City Police Department The University of Iowa prohibits discrimination in employment or in its educational programs and activities on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexuaJ orientation, gender identity, or associational preference. The University also affirms its commitment to providing equal opportunities and equal access to University facilities. For additional information on nondiscrimination policies, contact the Coordinator of Title IX, Section 504, and the ADA in the Office of Affirmative Action, (319) 335-0705 (voice) or (319) 335-0697 (text), 202 Jessup Hall, The University of Iowa, Iowa City, Iowa, 52242-1316 City of Iowa City ~_ MEMORANDUM Date: February 13, 2002 To: City Council From: City Manager Re: Pending Development Issues An application from Kevin Hanick for a rezoning from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) on 5.45 acres located at the northwest corner of Rohret Road and Phoenix Drive. mgr/mem/rezoningapp doc CITY OF I0 WA CITYMEMORANDUM Date: February 12, 2002 To: Steve Atkins, City Manager From: Tim Henries, Senior Building Inspecto~ Re: Board of Appeals allowing the 2000 International Codes as an alternate method of construction. The 1997 Uniform Building Code (UBC) allows for the use of alternate materials alternate design and methods of construction provided, the alternate design complies with provisions of the code and that the material, method or work offered is at least the equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The Board of Appeals has granted designers, developers and contractors the use of the 2000 International Code as an alternate method of construction for a number of projects based on an application for such a request. Regarding adoption of the International Codes, staff is reviewing the updates and will be presenting the Board with the information necessary for them to start discussion of their adoption. Until then, if a client makes application to have their project reviewed under the requirements of the International Code the board will review them on a case by case basis. Cc: Doug Boothroy, Director, Housing and Inspection Services Board of Appeals Sue Dulek, Assistant City Attorney CITY OF I0 WA CITY MEMO TO: Steve Atklns FROM: Julie Tallman(' DATE: 11 February 208'2~ RE: Floodplain Ordinance Amendments; 711 4th Avenue The single-family dwelling at 711 4th Avenue is within the 100-year floodplain. The owners of the property want to build an addition onto the existing structure. Because of the value and the size of the addition, the project is considered a substantial improvement. Iowa City's floodplain ordinance contains two design requirements for new or substantially improved residential structures within the 100-year floodplain: 1) the first floor must be elevated a minimum of one foot above the 100-year flood elevation, and 2) construction must be upon compacted fill that is no lower than one foot above the 100-year flood elevation, and the fill must extend at least 18' beyond the limits of the structure. Approximately two feet of fill would be needed to elevate the grade to one foot above base flood elevation. This creates the following problems for the homeowners: Conflict with the Uniform Building Code with respect to the existing home - the UBC requires that the top of the foundation is at least 6" from finished grade. > The elevated grade would result in their lot rising nearly two feet above surrounding lots on their block, but it would not be practical to only put fill around the addition. > The cost of mobilizing grading equipment and operators to deliver and compact the fill would be expensive. For these reasons, the homeowners made it clear that they could not pursue the addition if they had to bring in additional fill. A Variance from the Flood Plain Management Standards could not be supported by staff because the situation did not meet the test of exceptional hardship. Staff does support an ordinance amendment to resolve this matter. Amendments to the Flood Plain Ordinance have been drafted and submitted for discussion at Joint Staff. I have had the amendments reviewed by Bill Cappuccio at Iowa Department of Natural Resources, and he agrees with the proposed language. As for 7'~ 1 4th Avenue, the Building Department issued a building permit under the assumption that the project will be completed after the floodplain ordinance amendments are approved, and the requirement for compacted fill is no longer an issue. The property owner is aware of the need for an ordinance amendment. C: Doug Boothroy IOWA LEAGUE cmos February 7, 2002 TO: League Executive Board Mayors of Cities over 25,000 Mark Jackson - President, IaCMA Jeff Rosien - President, IMFOA James Flitz - President, IMAA FROM: Erika Witkins, Communications Coordinator SUBJECT: Community Conversations on Immigration The Iowa League of Cities in partnership with the Iowa Association of School Boards and the Iowa State Association of Counties hosted community conversations on the issue of immigration in 10 sites throughout Iowa. These dialogues were an opportunity for citizens to respectfully discuss their individual viewpoints and learn about the concerns and needs of others in regards to immigration. The summary of these discussions are contained in the enclosed report. This public deliberation event drew over 500 people from around the state, The summary will help provide a more in-depth understanding about what some Iowans are thinking and saying about immigration and why they feel that way. For more information or for additional copies of the report, please contact me at (515) 244-7282 or erikawilkins @ iowaleague.org. EW:mm Seeking a Public Voice Immigration in Iowa The Report on a Series of Community Conversations in Iowa January, 2002 Sponsors: Iowa League of Cities 317 6th Avenue, Suite 1400 Des Moines, Iowa 50309-4111 515-244-7282 www.iowaleague.org Iowa State Association of Counties 701 East Court Ave., Suite A Des Moines, Iowa 50309-4901 515-244-7181 www.iowaeounties.org Iowa Association of School Boards 700 Second Avenue Des Moines, Iowa 50309-1731 515-288-1991 www.ia-sb.org With support and assistance from: Iowa Gaming Association, 4401 Westown Parkway, Suite 209 West Des Moines, Iowa 50266 515-267-9200 www.iowagaming.org Ecumenical Ministries of Iowa 3816 36th Street, Suite 202 Des Moines, Iowa 50310-4722 515-255-5905 www.iowachurches.org U:S:D.A. Rural Development-Iowa 210 Walnut Street, Suite 873 Des Moines, Iowa 50309 515-284-4663 www.rurdev.usda, gov/ia Coordinated by: Positively Iowa 4221 S. 22nd Avenue East Newton, IA 50208 641-791-3403 www.positivelyiowa.org This report is also available on the Web sites listed above. 1 Introduction Immigration affects many state and local entities. Because of the interrelated nature of immigration, a collaboration was formed with the following partners: the Iowa Association of School Boards (IASB), the Iowa State Association of Counties (ISAC), and the Iowa League of Table of Contents "Cities (the League). Immigration touches all three organizations, as each represents elected officials closest to local control with statewide Introduction page 1 impact. The goal The conversations Additional partners included the Iowa Gaming Association (IGA) who employs numerous immigrants; Ecumenical Ministries of Iowa The prbcess page 3 (EMI) due to human rights and justice issues relevant to the 10 church I93o attended denominations served in their statewide agency; and USDA Rural De- Conversation findings page $ velopment's interest in the growth, sustainability, housing, and busi- Unifiers and Dividers ness development in communities and the impact of immigration as a Language in Community, whole in rural areas. Business, and Schools Positively Iowa, a private, non-profit 501 (c)(3) organization, Legal Considerations Economic Development-Jobs; whose sole mission is to reverse the deteriorating trends in rural Iowa, Low andLiving Wages was contracted to organize and convene these statewide conversations. Ve'ho's responsible? In September and October of 2001, more than 500 individuals at- Common Ground page 10 tended 10 regional community conversations across the state, drawing Diversity people holding a wide variety of perspectives. Heritage Laws must be upheld Sites were selected based purely upon geographic location to en- Language sure minimal driving for people to participate regionally. Teams of lo- Fair wages cal officials were formed in each community hosting a site comprised Businesses must be involved of city, county, school and faith community members. The names and The responsibility falls to us all locations of these are listed at the end of the report. · Schools · Churches · Cities · Gover me.t What was the goal? Steering Comrnittee page 14 Two major results were exPected from these community conversations. The first was for the participants at each event. It was not expected Forums sites and dates page 15 nor intended that people "change their mind" on the issue, although some did. Instead, we hoped that participants left their conversation with a better understanding of the views of others and what others in their community or region hold valuable. In that spirit, we hoped that views were shared openly and thoughtfully, while listening to and re- specting the views of others. The second was a broader goal--to identify common ground about an important statewide issue that affects communities, schools, coun- ties and other public agencies. This report of the conversations is not to be an opinion poll or statistical survey. Instead, it summarizes face- to-face discussions by citizens who brOught their concerns, experiences 2 and ideas to bear on their common interest in the future of Iowa. The report attempts to capture the complexity of thinking, the differences of viewpoints, and the shared directions that surfaced in the conversations. These insights will allow local and state government officials to form pub- lic policy based on a better understanding of citizen views so that the state and its communities can grow productively and in keeping with what Iowans find valuable. · Community Conversations Community conversations are acts of discovery. They enable us to examine our own thinking more deeply and to open ourselves to different perspectives. They help us generate, individually and collectively, new ways of thinking about public problems and how we might work through them together. Much of this discovery happens among the participants as they delib- erate during and after the actual forum. Additional discoveries can occur when we study the proceedings of multiple forums on the same issue held with different groups. A well-prepared report on forums will convey the public thinking that emerged within and across forums. Positively Iowa has convened and moderated forums on local and state issues for the past four years. The following is accomplished through these conversations: · Promote thepractice ofpublic deliberation. Many people find that forums are a valuable tool for improving the way that community members talk with each other and address problems. · Deepen the understanding of public issues. Forums serve an educa- tional function by informing people about the nature of the problem and various perspectives on how to approach it. · Encourage individual and collective action, Participation in forums is likely to give people ideas about actions they might take, and to con- nect them with other people who want to act together on the issue. · Inform public policy. Forums produce rich insights that go beyond typical public opinion polls by examining the values and beliefs that underlie peoples' thinking on the issue, requiring them to weigh the trade-offs of different approaches, and asking them to consider the per- spective of others in order to find common ground. 3 The Community Conversation Process Please note: For the purposes of this report, the words "community conversations" and "forums" are synonymous. What is a community conversation? These community conversations are designed to engage a broad group of Iowa citizens in a thoughtful discussion of the issue of immigration. The conversations use a deliberative process that has been successful across the country in allowing citizens to come together to weigh challenging social and pot litical issues with the help ora nonpartisan discussion frame- work and neutral moderators. The discussion guide outlines the issue and several choices-~or approaches to public policy which address the issue. Rather than conforming to any single public pro- posal, each choice reflects widely held concerns and principles. The goal is to present ideas in a neutral way that encourages participants to judge them on their merit. The discussion guide was developed using research, interviews and discussions with Iowans from a broad range of back- grounds and representing diverse opinions on the topic of immigration. During each community conversation, the process of deliberating together around the issue helps people see each other's thinking and acknowledge that individuals have differing opinions. In deliberative discussions, par- ticipants have the chance to find areas where their interests, values and goals overlap. A discussion guide was developed for use during the conversations. This guide was based on interviews with more than 200 Iowans and re- view of newspaper articles, reports, and other materials. From that re- search, three approaches emerged which attempted to reflect the diversity of thought about immigration in Iowa today. These options, or "choices," were designed to elicit different motivations and priorities that people have about immigration in Iowa, Choice 1: Immigration as a key to growth for Iowa. The only way for Iowa to maintain its current economic status is to grow Iowa's economy through immigration by actively recruiting more immigrants, the companies who hire them, and prepare for a more multi- cultural population. Choice 2: IVeighing costs and consequences. Accepting large numbers of new immigrants means accepting respon- sibility for ensuring the basic human rights that they and every person de- serve. Slower growth of Iowa's immigrant population will ensure their ba- sic protections and a living wage. Higher levels of immigration put too much pressure on communities. 4 Choice 3: How much diversity is too much? The problem is that immigration undermines cultural unity: common ideals, a common language and common traditions. Immigration should not be encouraged if it means losing a common culture. The problem we face with high levels of immigration is not so much a fiscal crisis as an identity crisis. Iowans share common values and traditions that have made this a good place to live, work, and raise families for many generations. Iowa's way of life is threatened by newcomers who don't learn about and adapt to our way of life. Who Attended The conversation process welcomed more than 500 Iowans with diver- sity represented in heritage and opinions. Participants included private citizens; those who work with social service agencies and churches; county, city, and school officials; teachers; legislators; business leaders; and legal and illegal immigrants. This information was obtained from a questionnaire filled out by more than 50 percent of the participants: Thirty-five of thc 99 Iowa counties were represented, and attendees had diverse ethnic backgrounds. Attendees identified themselves as: White, 72 percent; African-American, 1 percent; Hispanic or Latino/a, 19 percent; Asian, 5 percent; and Other, 1 percent. Respondents ranged in age from 1 percent under the age of 18 to 15 percent over the age of 64. The majority of people were in the age ranges of(18 to 29) - 11 percent; (30 to 44) - 23 percent; and (45 to 64) - 49 per- cent. Of those responding, 42 percent were male and 54 percent were fe- male. Respondents were generally well-educated. More than 37 percent had postgraduate education, and more than 24 percent were college graduates. More than 14 percent had some college experience, and 2 percent had at- tended a vocational or technical school. High school graduates comprised 8 percent of respondents, and another 8 percent had not completed high school. Participants also told us: · Nearly 89 percent said that their understanding of the views of other people increased a lot or increased somewhat; · People were positive about the forum process with 92 percent stating that the forum encouraged a variety of ideas and perspectives; · Seventy-six percent agreed that they gained new insights about the is- sue as a result of participating in the forum; · Nearly 65 percent indicated that the forum gave them ideas about ac- tions that they could take on the issue of immigration; and · A large majority of the respondents, 80 percent, expressed interest in participating in future forums on important public issues. 5 Conversation Findings Note: The conversations for each site had two, three, or four small groups, depending on attendance. In total, there were 27groups in our 10 sites with group size ranging from 12 to 33 individuals. The references you read are reflective of these groupings. Three tools were used for collect- ing information to compile this report: notes and quotes from the commu- nity conversations; participant questionnaires; and moderator summaries. More than 1800 individual comments and opinions were recorded from the 10 sites in our Iowa conversations. Unifiers and Dividers All 10 sites and 24 of the 27 groups stated that diversity enriches our culture. Many individuals commented that there are cultural and eco- nomic benefits to learning about others' lives and value maintaining na- tionalities and individual cultures to make stronger communities. While it was mentioned at all 10 sites, opinions varied: "Rich cultural diversity may attract other Americans -not just foreign immigrants," said one, but another said, "I think there's enough diversity already." ",.I like Iowa the way it is," said one man. "I don't want some politician trying to politi- cally engineer how it looks." A few mentioned that th6y are not against immigration, but against large numbers of immigrants. Many people want to explore how to blend cultures. "We need to take what they have without losing what we have," said one. However, some said that we must recognize that attitudes are built on fear. Bringing peo- ple into a community and interacting with them side by side will breed ac- ceptance. It was said "Everyone 'comes to the table' with different views, but we must come together to give people the opportunities to better our state." Some fear that the undercurrent of racism and bigotry means Iowa won't be welcoming for immigrants. Comments such as "Why push for "Hope is a reason more immigration? Time breaks down barriers and we've always had cul- thatpeople come to the tural diversity;" and "Iowa's current culture is just fine" indicate how United States and that some feel. Many participants agree that there are things that are distinctly hope increases their will Iowan. "Iowa has never had to deal with immigration beyond Northern to succeed." Europe," said one woman. Language in Community, Business and Schools Discussion of language gave rise to many opinions. Everything from "language is the glue that holds the culture together," to "immigrants can't be 'community' until they speak the English language," to "translators are hard to find and expensive," to '~he only way to succeed in this country is 6 to learn the language." A few said that they are uncomfortable being around people speaking a foreign language, as they feel the "foreigners" are talking about them; Most people, native lowans and immigrants alike, said that some level of English is necessary. Immigrants want to learn English, knowing it is necessary for economic and personal reasons, saying "English is the gate- way to prosperity." Many agreed that the second generation (the children) will soon be fluent in English, telling stories of children translating for their parents and grandparents during legal, insurance, and medical procedures. A few immigrants told stories of how they would like to take English classes, but be- cause of their seven-day-a-week work schedule, there isn't time to take classes, work, and fit in family time. It was suggested that perhaps employers who employ immigrants should offer English language classes as a company benefit. At least one Iowa company that par- ticipated in a conversation pays 100% of the cost for books and tuition for their employees to learn English. Schools frequently bear the brunt of the dilemma, as some schools are not prepared for the influx of dif- ferent languages. Yet some schools need immigrants to maintain their enrollment. Still others say that immi- grants cause "white flight" by open enrollment to other schools. Some felt strongly that "when we invest in English as a second language [in the schools], that money is paid back?' One superintendent worries, "Are we, as a school system, meeting the needs of non-English students?" Some mentioned that children miss school to interpret for their parents' appoint- ments. In regards to English-only legislation, many felt it unnecessary to take this step. Many agreed that "we don't need an 'official English' law to get immigrants to learn English. We have never seen evidence that English is NOT the official language." One participant spoke for many saying "If we want English to be our language, we should use every means possible to educate immigrants." Legal Considerations Individuals at all 10 sites discussed immigration laws; the Immigration Naturalization Service (INS); illegal immigration; laws common to Iowa; individual community expectations; and the role of the government for en- forcement. Most participants agreed that immigration laws to become a legal citi- zen are very difficult and lengthy; there is a great deal of paperwork in- volved; and support mechanisms to explain procedures to newcomers are lacking in many areas of the state. 7 "Some immigrants have been here three years and still cannot get legal documentation," said one. One story was told of a woman who has been trying unsuccessfully for 15 years to become a legal citizen. One challenge to this is the distance to an INS office, the lack of transpor- tation, and time. It was also mentioned that the INS needs to be more. customer-friendly. More pragmatic problems for immigrants are in obtaining a driver's license and opening bank accounts, as visas and Social Security numbers are needed for the applications. Many agreed that the paperwork required is unnatural for people from foreign countries, as other countries do not have the same procedures as we do. "Some illegal immigrants don't know where to go or what to do to become legal," one explained. A few people explained the challenge in obtaining work visas. "Work permits must be renewed annually and they are only done in Des Moines," one explained. "This review may not happen in one day, so employers may tell employees they can't take more time off, so immigrants may let their work visas lapse." A few participants felt that these rules and laws we require are for our benefit. "It is very easy, but expensive, to get fake papers," one reported. "By focusing on immigration so much, we lose sight of who we are letting in," said another. "Some are crimi- nals and we are turning a blind eye." Some felt that we need to become more stringent in enforcing our laws so that we don't create more problems. "We need to enforce the laws that are on the books already," said one participant. The belief is that by slowing immigration and enforcing the laws we already have, this gives Iowa a chance to assimilate the newcomers we have living in the state. Many also expressed concern that the laws protecting workers need to be followed by businesses and regulators should enforce them so that workers are treated equally and are not exploited. Economic Development - Jobs; Low and Living Wages "We love it in Iowa!" Many of the more than 500 participants voiced this view across the state. Iowa is valued for its great schools, its good jobs, its clean environ- ment, and its people. Most participants see that immigrants allow busi- nesses to operate, that immigrants supply workers and that certain jobs in some communities would t~ot exist without immigration. Immigrants are seen as a valuable part of Iowa's workforce. 8 Diversity is seen as good for Iowa and for economic develop- mem. "Diversity of people promotes diversity of industry, which in turn promotes a strong economy," said one. Immigrants bring money to the state because many are willing to take jobs that Iowans will not take. "Immigrants are willing to give up things, such as pop and cigarettes, to get by on less money. Americans are spoiled and don't want to give up anything," said one Iowan. Some acknowledge that businesses leave the state due to lack of em- ployees. One company manager attending said, "We don't have workers for our jobs. We would love to have 1,000 more people to hire because we would like to expand." Many want to accept diversity, but "we don't want immigration to lower the standard of living of native Iowans." A few say that Iowa's small towns are not welcoming to anyone new and it is the small towns most in need of economic growth and labor. One woman said, "There's diversity 'Iowa-style.'" One person said of the living wage that it "applies to all workers, PERIOD. We should make our state attractive to ALL who want to move here. Our state is getting older and young people are leaving." Another added, "Low wages in Iowa is why our young Iowans are leaving." Bringing workers in just to fill a quota didn't set well with some par- ticipants. Some felt that the state worker shortage figure of 310,000 em- ployees by the year 2010 is over-inflated. One legislator commented at a conversation that we have less population now than we did in 1980. One man said, "I think 310,000 workers is pretty realistic, perhaps even under- estimated in some respects. We are an aging population and I don't think the birth rate will take care of it." A comment was made "Is there really a problem? What is the severity? Without the population here, what will happen?" Some just said that they were not sure if they wanted companies that bring workers for iow-wage jobs. A few people don't want the state to grow, asking "what kind of state do we want?" One person said, "Just talk- ing about having more people come and not talking about where we want to go as a state is not the answer." One man said "I don't see a need for ' "I think a slow more than 3,000,000 people in Iowa. approach to what The idea was raised that it would be helpful to a community ifa busi- we need is what we ness considering increasing its workforce to include immigrants would let need before we that be known well ahead of time to make sure the infrastructure is in 'order' people. ' place to adapt to that change. One man commented on this saying "It sounds great to have services first, then immigrants, but in reality, it doesn't work that way. We need people now and the best way to affect change is to have it dropped on you." 9 There was common agreement that the issue is more complex than just a labor/jobs issue. Defining a living wage and a standard of living that each person would consider adequate is difficult. What is a living wage for one wage earner was not the same for the next. Across the con- versations, many participants enthusiastically supported the need for col- laborations between business and industry discussing living wages. "Wages aren't competitive with other states," said one. "If most of the jobs are minimum wage, people don't have housing dollars and can't afford childcare. Maybe immigration isn't the issue." Who's Responsible? All 10 sites discussed the humanitarian aspect of immigration, the cost of government services and the need to have infrastructure to support im- migrants. The role of the churches, local community groups, state govern- ment, and the costs associated with immigrants garnered the most remarks. It was stated that immigration is costly. "We need more dollars for housing, medical and legal services, but some ask 'can we afford it?'" one stated. "There are not enough programs to help immigrants transition to Iowa." A few mentioned that prior generations of immigrants did not count on public support, and that the cost always comes back to the United States. The problem seen here is that action to support immigration requires increased public funding. "How far do we go to bring people in before we have to raise taxes?" one wondered. Some mentioned their belief that the state government is responsible for developing a strategy to help immigrant workers assimilate. Busi- nesses, too, should be held accountable to help fund needed services in "The industry schools, as "they are benefiting and are not paying enough." Others said uses immigrants that state agencies can't solve this problem and that community centers, or and their labor, "settlement houses," are the best way. One commented "Some immigrants then they lay have lived here for a long time and have never asked for any help from the them off. They government." are not workers, A few took the stand that "good, steady, medium, middle-of-the-road they are pawns." growth is easier to step up than to back down." "However," another man added, "if we do not have growth in Iowa, we flatten or narrow the tax base, and services would cost more per individual." "Iowa needs more taxpayers'to maintain our services," said someone else. An additional "cost" was noted by one woman who reminded her group, "If we lose population, we also lose congressional representation." Most believe that local churches are the best source of help for immi- grants. Most believe that churches offer a safety net for newcomers and can play a "leadership role in a community, being a catalyst for bringing people together." The message churches can vocalize is to remind Iowans that we are all immigrants. "A welcoming, supportive community is 10 needed to help make immigrants more successful," offered one. Being welcoming could include host families or church/community/city/ county-sponsored programs to help newcomers understand the require- ments and procedures to live in a given town: how to hook up your phone and utilities, recommendations on services available, and where to find things in the area. The future of Iowa Common Ground is not the same Conversations seldom end in total agreement or total disagreement. as the past. What participants frequently find is that conversation in these forums ends in a discovery of a shared sense of purpose or recognition of how interests are interconnected called "common ground." Forums do change people's opinions of others' opinions. Those changes in perception create new pos- sibilities for acting together, generating the political will to move ahead. Common ground was found within a small group, not within a site, or 'across the state. Common ground was determined when an individual small group agreed on a statement. From the 27 individual small groups, several hundred statements were recorded. If an entire group did not agree on a statement, it was not recorded as common ground. From this process determining common ground, the following themes emerged which wove themselves into common agreement. This section presents areas where we found the greatest agreement among participants. Diversity It was declared that our common culture is dynamic, always adapting, and we need to see diversity as an asset. This change is historical and is what makes American culture interesting. People share basic values, such as personal and job security and ensuring our children are cared for and well. From the best of each culture, a better culture is formed. Heritage Iowans consistently value heritage. Participants felt that the heritage of many people can be respected and that those varied cultures do enhance communities. However, there is apprehension about change and people fear the unknown. Immigration historically has come in waves from dif- ferent places and the current trend should not result in a negative response. Participants also agreed that the human rights of all people deserve respect, dignity and equal treatment, even in light of the cost of guarantee- ing those rights. People don't want immigrants to be abused and "they should have the same rights as everyone else." Concern was expressed 11 that immigrant workers are exploited by their employers. It is necessary to recognize the core value of a worker and "for the dignity of labor and the willingness to pay for that labor." Laws must be upheld Iowans want a culture in which people obey the law. All individuals need to learn more about immigration and educate immigrants about our immigration laws. A reform of the legal system would make it easier and less cumbersome for immigrants to live and work here legally. Iowa, specifically, needs to look at ways to allow immigrants to receive their driver's licenses so they can drive legally and obtain proper insurance. Participants recognized that we are not in control of the INS and changes in the culture, but stated that immigrants need the ability to obtain work and educational opportunities, which bestow dignity. Language It is to the benefit of all for immigrants to learn English. Immigrants said they want to learn English and know it is necessary for economic reasons. If Iowa wants English to be the official language, every means possible should be put to use to teach non-English speaking individuals the English lan- guage. Iowa doesn't need an "official English only" law to require inunigrants to learn English, as there has never been evidence that English is not the offi- cial language, and passage of this law would be very unwelcoming to newcomers. Government should not have to print documents in several languages. Health care providers have a responsibility to know the language of those they serve. A regional approach should be implemented to provide translators or to provide medical personnel who speak the language. Reciprocity agreements should be put into place which would allow medi- cal treatment across state borders. It is not just the responsibility of schools to teach ESL and the culture; it takes the whole community. Immigrants themselves should be responsi- ble to learn the language, culture, and organize/find leadership that will communicate with government for the immigrant group. 12 Fair wages The people of Iowa want immigrants to have economic success, but the issue is more complex than just a labor/jobs issue. The common concern of participants surrounded fair wages for all rather than solely about immigra- tion. Regional governments need to use economic development efforts to bring in employers willing to pay living wages, but a living wage standard is tough to del'me. Immigration is a challenge, but holds great opportunities so that immigration will be an economic plus for the state, and not a drain. Iowa is no longer just an agricultural state. Iowa needs to reconfigure and rebuild agricultural-related industries while also diversifying employ- ment with non-agricultural jobs. The future of Iowa is not the same as the past. Businesses must be involved "Ife would love to It is unacceptable to bring in only unskilled workers. Businesses em- have 1,000 more ploying large numbers of immigrants need to take responsibility for paying people to hire a living wage and providing benefits. Benefits such as English as a second because we'd language classes, childcare, hiring or providing translators for special needs like'to expand. ' such as medical and legal services should be part of the employment pack- age. Businesses need to communicate with communities about their long- range plans, including expansion, in order for the community to plan the infrastructure for a potential influx of people. Government must reach the employers to help pay for part of the services and those employers that get tax incentives have to pay living wages and retain their immigrant employ- ees. Iowa needs to work harder to attract, develop, and retain businesses that pay decent wages. The responsibility falls to us all It is the shared responsibility of businesses, communities, schools, legis- lators of both local and state governments and the immigrants themselves to work together on the issue of immigration. Communities must find ways to listen to, educate and encourage newcomers with understanding of our cul- tural norms, laws, and expectations. Communities and local community groups such as the Lions and Rotary Clubs need to develop tools to interact and stay involved with the immigrant population thereby gaining a better. understanding of each other. Ideas inclUded community-spousored lunches or creating opportunities for community members to simultaneously learn the language of immigrants while teaching them English. 13 Iowans want Iowa to grow and succeed. Iowans need to be aware that the state is barely gaining population and risks death without new workers. Participants felt that Iowa is a great place, but to be a strong state, we must move toward the creation of a "new Iowa." Schools have a role at the local level in helping children, but need funding to assist with an influx of population. Immigrant children need services provided by schools, such as English as a second language, to learn and thrive. Schools are also instrumental in providing adult education; however, funding is a problem. It benefits all the community to possess an educated workforce. Churches are a safety net for immigrants. Churches can play a leader- ship role in the community by being a catalyst linking/interlocking immi- grants and community members together. Churches need to provide access to different languages and create opportunities for relationships to build and education to take place. Churches have a history of sponsoring and welcom- ing immigrants into community. This experience is crucial to the successful unification of newcomers into a new area and culture. Cities should be allowed to decide how immigration should look for their community. Conummities need to work through this issue and man- dates can't come ~om the state capitol. Once a community decides on an irmnigration strategy, cities should take the lead in activities which involve immigrants in their communities. Some police departments may need better diversity training and language skills. Cities should also furnish newcomers with resource lists for transla- tors to answer immediate questions on housing, medical care, utilities and other essential living basics to pave the way for successful integration. Government should step up with the resources if they sincerely want immigration. Immigration policy should be level throughout the state with a balance between immigration and resources. The state should not, at any level, or in any agency, prioritize the importance of recruiting immigrants or the companies who hire them, as communities view this as a top-down approach. 14 Continue the process This report is not the end but the beginning, intended for people from all walks of life who care about Iowa. Public forums call participants to approach public problems with a great deal of patience and respect. This report on the con- versations provides no "answers" to immigration in Iowa. Rather, it reveals new ways of thinking when people open their minds together. The practice of public deliberation recognizes that everyone, from citizens to professionals to policy makers, has a role to play and that no one party can "fix" an issue. It is simply a way of"taking stock" of public thinking after citizens participate in structured, deliberative forums. This should spur further delibera- tion among even wider circles of peoples. As more people participate and as their understanding of the issue deepens, they can discover new possibilities for working through the issue together. Acknowledgements The Steering Committee: Lisa Bartusek Iowa Association of School Boards Mary Delagardelle Iowa Association of School Boards David Vestal State Association of Counties Erika Wilkins Iowa League of Cities The Rev. Sarai Beck Ecumenical Ministries of Iowa Wes Ehrecke Iowa Gaming Association Frank Spillers Positively Iowa Kimberlee Shouse Positively Iowa Forum Sites and local teams 1 $ Davenport, September 4 Clear Lake, October 3 Jim Hester Lynne Scribbins Schools Schools Jennifer Nahra Kirk Kraft Cities Cities Larry Minard Ron Osterholm Counties Counties /tlicia Harker The Rev. Fred Lewis Faith Faith Mt. Pleasant, September 24 West Union, October 4 Chris Ann Prellwitz Gene Nuss Schools Schools John Freeland Sally Fobb Cities Cities Marc Lindeen JacMe Reeder Counties Counties The Rev. Phil Barleske The Rev. Susan Friederich Faith Faith Red Oak, September 25 Sheldon, October 10 Carla Schmid Robin Spears Schools Schools Karen Blue Ron Drenkow Cities Counties Steve Ratcliff The Rev. Ken Arnold Counties Faith The Rev. Myron Meyer Faith Sioux City, October 11 Flora Lee Osceola, September 26 Schools Roger Cole Larry Clausen Schools Counties Terry Robins The Rev. Steve Pohlman Counties Faith The Rev. Phil Coe Faith Ames, October 18 Barb Guy Cedar Rapids, October 2 Schools Susie McDermott Sharon Wirth Schools Cities Doug Newman Jane Halliburton Cities Counties Lu Barron The Rev. Vicky Curtiss Counties Faith The Rev. Dan Kolander Faith l~uE. Ci~Rts?I~I~ .SctEYC~ MONITOR Wednesday, February 6. 2002 Measuring the cost of growth ' ouses may be eozler than an office rector of the Southeast Region for the a wide-open field, or a American Parmland ~-ust. to Georgia news ethtor Fatth l~p~ers. . m large part. In four Georgia ~ntles, housing devel~ ,~ the price of educafion, new de~ opments were far more costly than either loss. In Cherokee · busines Ga.. for Instance. the serv~e cost ~ Though eommercinl. Industrl~, and nato even wlthout schools, wa8 urat ~pace brought In more money tn taxes $1 of revenue, but a mere 3 th~n-theylostthroughthecostofpubllcser-~, busIness development and 52 - and emergency protecfion, anbd~vtslo~s ~?~S~bdlvlstons. of course, will keep crgp- _ were a net !o~ In 1999. encroaching on' forests and mu- Jeffrey Dorman. a Uinver- Georgia economics professor who the study, su~'gests that new to areas where public and follow a ' model to minlmlze price while City of Iowa City r r-p8 MEMORANDUM To: Mayor and City Council From: Marian K. Karr, City Clerk Date: January 29, 2002 Re: Council Work Session, January 29, 2002, 8:10 a.m. in Emma J. Harvat Hall Council: Champion, Kanner (8:15), Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn (8;25) Staff: Atkins, Helling, Karr, O'Malley, Mansfield, Herting, Davidson, Franklin, Schmadeke, Trueblood, Fosse Tapes: 02-10, Side Two; 02-12, Both Sides; 02-13, Side One (A complete transcription and materials distributed are available in the City Clerks office) Council continued utilizing the following flip chart developed from the previous budget session of 1/24 to indicate projects the Council wanted to consider separately starting with Waterworks Park (first portion of the chad discussed 1/24): Proiect Direction Budqet Public Art $50,000 a year -$250,000 X Mormon Trek Ext 1-921 Fire Truck out 2 years -$800,000 X Station #4 - Staff '05 JCCOG Traffic Calming $10,000 a year -$ 75,000 (road use tax) X Civic Center X Open Space/Parkland Waterworks Park (*See chart #2 below) X Camp Cardinal Rd/Clear Creek X Foster Road-Dubuque $1,000,000+900,000 X Economic Development City Park Pool '04 X Nodh Side Market Place Library FTE's ? Move out '04/eliminate Council Work Session 1-29-02 Page 2 (After further discussion the direction was added to the flip chart along with budget ramifications. "X" indicates agreement to leave as presented.) (*Chart #2) Butler House 50,000 + 50,000=$100,000 Roads/Parking Waterworks $76,000 Water Revenue Miller Orchard Park $200,000 '05? 276,000 $376,000 Majority of Council referred the matter to Parks & Recreation Commission for a decision on distribution of $200,000 originally planned for Miller-Orchard. Staff provided information on: · Power Dam project, a presentation on the proposed bridge design will be scheduled · North Side Market Place · Fire Station ~ · Library FTE's After discussion changes were noted on the flip charts. Meeting later in the day (6:30 PM) to hear from Boards & Commissions and community organizations. The Mayor noted that another budget meeting would be needed and asked Members to bring their calendars to tonight's meeting to discuss scheduling; and encouraged Members to make a list of items to help focus the next meeting on any changes. Council reaffirmed their desire to set up a joint meeting with the Airport Commission. Staff provided information on: · Airport Subsidy Plan, schedule joint meeting · Public Power Study, schedule separate work session · Deer Kill, questioned change to skip 03 and do in 04, staff will furnish information Human Services Council Member Vanderhoef questioned if the City would help fund Human Services agencies through assistance with their utility needs rather than with cash dollars from the general fund. She suggested retaining the City amount committed last year (thus reducing the hit on the general fund), and the CDBG funds of $105,000, and capping the total at $360,000. Vanderhoef will prepare additional information and allocation report for further discussion. Meeting adjourned 11:45 A.M. clerk/mem~vorksess1-29-02.doc City of Iowa CityiP9 E ORANDU Date: February 12, 2002 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Budget Work Session, February 4, 3:00 PM, Emma J. Harvat Hall Council: Champion, Kanner (3:14), Lehman, O'Donnell, Pfab (3:07), Vanderhoef, Wilburn Staff; Atkins, Helling, Karr, O'Malley, Mansfield, Hefting, Severson Tapes: 02-18, Both Sides; 02-19, Side One (A complete transcription and materials distributed are available in the City Clerks office) Overlappin,q Debt The City Manager apprised the Council of overlapping debt and illustrated it on the following flip chart: Property Tax Base Schools City County (any) 28-32,000 30,000,000 1,000,000 $150 $200 $25 Property Tax Payer Senior Center The City Manager stated he had been notified that the County Attorney has been directed by the Board of Supervisors to draft a resolution reducing by approximately $50,000 the amount of money that the County now pays by contract agreement for operations at the Senior Center. He added that City legal staff was reviewing contract language regarding the commitment for 20% of the budget to be financed by the County. The City Manager stated he has been assured that the County will provide the resolution as soon as it is drafted. Community Events Majority of Council agreed to: · Offer mobile band shell to Mormon Trek 5th Annual Heritage Festival · Retain funding at the $41,998 level, same events at same funding levels Budget Work Session February 4, 2002 Page 2 Human Services (Council Member Wilburn left table due to conflict and did not participate in the discussion) Council discussed the Human Services Agency Funding Recommendations for FY03 distributed in the January 31 information packet; and the February 4 memo from Mayor Pro tern Vanderhoef outlining a recommended new policy for Human Service Funding. After discussion Council majority agreed to: · decreased ICARE amount by $1,650, adjust to $9,350 · decreased RVAP amount by $2,650, adjust to $12,200 · increased Free Medical Clinic by $300, adjust to $6,594 · increased Emergency Housing Project by $4,000, adjust to $14,000 · contribute up to $35,000 for agency discounts on city water and sewer bills, replacing general fund dollars Outstanding issues (Council Member Wilburn returned to the table) The City Manager referred back to the flip chart developed at the 1/10 budget work session. After discussion the chart was amended as noted: (YEAR) 03-04-05 Benefits (Health) - package negotiations regional health Hea~th Insurance schools Part of Negotiations county Cafeteria Plan Coralville Attrition Policy Refuse Collection Water Clerk (1/2 time) - postpone Deer Kill PCRB / Clerk Traffic Calming Public Art - matching private $ Human Services Utility Asst. Cap $ Broadband - postpone $33,000 work session Police Officers Attrition Community Events -$20,000 Staff will provide memos regarding water clerk and deer kill; and report back in one year on PCRB staffing. Meeting adjourned 11:45 A.M. City of Iowa CityiP10 MEMORANDUM Date: February 4, 2002 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 4, 2002, 6:50 PM in Emma J. Harvat Hall Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Hailing, Kart, Dilkes, Franklin, O'Neil, Schoon, Scott, Fosse, Fowler Tapes: Tape 02-20, Both Sides (A complete transcription is available in the City Clerk's Office) ADDITION TO CONSENT CALENDAR Council agreed to add a Class C Liquor License for G. A. Malone's. JET AIR INTRODUCTIONS Airport Commission Chair Rick Mascari introduced Harrel Timmins, President of Jet air Incorporated. Mr. Timmins provided background information on his company and introduced Manager Ron Duffee, Long time partner Barry Barash, and Assistant Philip Wolford. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. Setting a public hearing for February 19 on an ordinance to rezone approximately 2,800 square feet from Low Density Multi-Family Residential, RM-12, to High Density Multi-Family, RM-44, for property located at the north end of West Benton Court. (Oaknoll/REZ01-00027) B. Setting a public hearing for February 19 on an ordinance to amend the Sensitive Areas Development Plan for lots 3 and 4 of a resubdivision of Lot 53 of Walden Hills, located at the intersection of Shannon Drive and Rohret Road. (REZ01-00026) In response to Council Member Vanderhoef, Franklin stated staff will provide information on the total number of assisted living unites currently in Iowa City, occupancy, and status of state survey on assisted living units and nursing homes in the City as well. C. Setting a public hearing for February 19 on an ordinance to amend Section 14-6E of the Zoning Ordinance in order to allow grocery stores in the Intensive Commercial Zone, C1-1, as a provisional use or as a special exception. Council Work Session February 4, 2002 Page 2 Franklin stated she would provide information on whether the Planning and Zoning Commission will want a consultation meeting with Council after the Commission meeting being held that evening. D. Public hearing on an ordinance to rezone approximately 0.63 acres located at 707 N. Dubuque Street from High Density Multi-Family, RM-44, to High Density Multi-Family Sensitive Areas Overlay, OSA/RM-44. (/Svoboda/REZ01-00010) E. Ordinance to rezone 95 acres located between Court Street and Lower West Branch Road from Low Density Single Family, RS-5, and Medium Density Single-Family, RS-8, to Sensitive Areas Overlay. (Lindemann/REZ01-00023/SUB01-00025) (First Consideration) F. Ordinance to vacate the northern 182 feet of the 20-foot wide alley right-of-way located south of Burlington Street and west of Dubuque Street. (VAC01-00004) (First Consideration) G. Ordinance to vacate a portion of Nodhgate Drive. (VAC01-00006) (First Consideration) H. Resolution annexing 4.01 acres ~ocated south of Herbert Hoover Highway east of Scott Boulevard. (Iowa City Care Center/ANN01-00005) I. Ordinance rezoning 4.01 acres located south of Herbert Hoover Highway east of Scott Boulevard from County Local Commercial, C-1, to Commercial Office, CO-1. (Iowa City Care Center/REZ01-00025) (First Consideration) J. Ordinance to vacate West Benton Court north of Benton Street. (OaknollNAC01-00003) (Pass and Adopt) (Mayor Lehman left the table due to a conflict) Franklin indicated Council should defer this item indefinitely pending an offer from Oaknoll on the property. Atty. Robert Downer, representing the applicant, stated the offer would be available the next day. (Mayor Lehman returned to the table) K. Resolution approving the final plat of Oakes Sixth Addition, a 30.11-acre, 18-lot residential subdivision located at the western terminus of Bristol Avenue. (SUB01-00033) AGENDA ITEMS 1. (Item #9 - Hearing and resolution...Quinton's Bar & Deli) City Clerk Karr stated the establishment had paid the $300 civil penalty and waived the hearing so the item would be changed to a resolution accepting payment and no hearing would be held. 2. (Item #12 - Resolution awarding contract....Scott Boulevard Extension) Council Member O'Donnell noted the outstanding bid received. Council Work Session February 4, 2002 Page 3 3. (Item #9 - Hearing and resolution...Quinton's Bar & Grill) In response to Champion, City Clerk Karr stated that the payment had just been received and that staff does group payment acceptance resolutions on the Consent Calendar. Since the establishment had not paid or signed the waiver a hearing had been previously scheduled which necessitated an agenda item. 4. (Item #7D - Public hearing on ordinance to rezone...707 N. Dubuque St.....) In response to Council Member Kanner, PCD Director Franklin explained the revised ordinance distributed that evening erroneously referenced a conditional zoning agreement which was deleted and a new number 2 added under the "Now therefore be it ordained" which refers to a site plan. 5. (Item #12 - Resolution awarding contract...Scott Boulevard Extension) City Engr. Fosse explained that the IDOT issued a memo to all pavers in the state telling them that the IDOT has no significant projects to bid this fall which made the bid climate favorable for the City at this time. BOARD AND COMMISSION MEMBER CHILD CARE - CDBG Council deferred this item to a later time. BDI TIF PROPOSAL (IP2 of '1/31 Information Packet) Economic Development Coordinator Schoon presented information regarding establishing Tax Increment Financing Districts in the BDI Industrial Park area, and staff recommendation to divide the area into three districts. Majority of Council agreed to proceed. StaffAction: Proceed and bring back to Council for consideration. (Schoon) IOWA RIVER POWER DAM RENOVATION AND PEDESTRIAN BRIDGE City Engr. Fosse and Designer Steve Jacobsen, NNW, presented information on the proposed project. Majority of Council agreed to proceed with the project as outlined. StaffAction: Proceeding with design. (Fosse) SEATS NEGOTIATION APPOINTMENTS Council agreed to appoint Council Members O'Donnell and Vanderhoef. Council Work Session February 4, 2002 Page 4 COUNCIL TIME 1. Council Member Kanner requested a new group picture be taken of the Council. 2. Council Member Kanner noted he had distributed an article a few weeks ago from the National League of Cities magazine discussing the idea of supporting a resolution in suppod if the State Legislature adopting a municipal income tax, and requested the matter be scheduled for a future Council work session. A majority of Council were not interested in discussing it at this time. 3. In response to Council Member Kanner, the City Manager stated he had reviewed the question on procedure for the City of Coralville to pass the TIF ordinance with all three readings at one meeting and discussed the matter with the City Attorney and City Clerk and was not able to explain it. 4. Council Member Kanner reported he had talked with the managers of the municipal power plants in Ames and Muscatine regarding possible tours and suggested members of PPI and the Chamber would also be interested. The Mayor stated they tours could be discussed next month when further discussion of the franchise is scheduled. Meeting adjourned 8:35 P.M. F!LF_.D Febmary 10, 2002 KarinFranklin 7.~{J2 FI[3 I [ ~}~ Il: O0 Director, Planning & Community Development ( / City of Iowa City Cl'i ¥ ' ~ Iowa City, Iowa IOWA 0!'['/. iOWA Dear Karin, Your comments about the Miller-Orchard Park at the City Council Budget Work Session on January 24, 2002, might be misinterpreted, and I am writing to state my understanding of the situation at the present time. First of all, most of what you and Terry Trueblood said seems entirely correct, and I want to reaffirm that: Marcia Klingaman and Terry Tmeblood have worked very cooperatively with the neighbors and the neighborhood association; the neighborhood has long wanted, still wants, and greatly appreciates having a neighborhood park; having a park located on the Benton Street hill presents a problem of safety, especially for children, that must be addressed; there is a strong desire to add to the size of the park - preferably including the segment between the current park and Miller Avenue (if that could be obtained on appropriate terms); the neighborhood is now involved in the Southwest District plamfing process, through which decisions important to this neighborhood are likely to be made. I do, however, think that it is misleading to say - or at least to suggest - that the neighbor hood simply can't make up its mind about the park. On the basic considerations that matter, we have a very clear direction: We are still hopeful that the park will be expanded. While that possibility persists, we have arranged with Terry for some clearing to make the park usable in a modest way. But we think it would be imprudent to spend a substantial amount of the City's money fixing up the park area for a two-acre site in a way that would not be the optimum development for a larger site. We understand that the funds already appropriated for improvement cannot be kept in limbo indefinitely when the City has limited funds and real needs. Of course, we also understand that there is no guarantee that we will get that money back in the future. We have to rely upon the correctness of the original funding decision, the strength of the case for such an appropriation when it can be used, and the City's wisdom when the time comes for the development to go forward. Thank you for your support of the Miller-Orchard neighborhood. Sincerely yours, William G. Buss Copy to: Mayor Ernie Lehman; City Councilors Champion, Kanner, O'Donnell, Pfab, Vanderhoef, Wilburn; City Manager Stephen Atkins, Terry Trueblood, Bob Miklo, Marcia Klingaman, Ruth Baker City of Iowa City MEMORANDUM Date: February 11, 2002 To: City Council From: Jeff Davidson, Transportation Planner Re: Greenwood Drive railroad crossing At your January 7 City Council meeting there was discussion pertaining to the Greenwood Drive railroad crossing. You had received a complaint about stopped trains blocking the crossing. You asked me to try and discern the degree of hazard that is present. The JCCOG Transportation Planning Division and PCD Neighborhood Services Planning Division investigated this matter, and have concluded that there is not a significant problem at the present time. It was determined that there was one verbal complaint and one written complaint in the past year. The persons making the complaints were advised that the City has no jurisdiction over the railroad company within the railroad right-of-way, and they were encouraged to call the railroad directly with their complaints. We will continue to monitor this situation. Roosevelt Elementary School and persons in the adjacent neighborhood are generally pretty good about letting us know if there is a problem with trains blocking the Greenwood Drive crossing an inordinate amount of time. cc: City Manager Director of Planning and Community Development Neighborhood Services Coordinator JCCOG Traffic Engineering Planner jccogtp/mem/jd-grwooddr, doc City of Iowa City MEMORANDUM TO: Steve Atkins, City Manager ~, ~,~ FROM: Steve Long, Associate Planner~L--'/' DATE: February 7, 2002 RE: Affordable Assisted Living in Iowa City As you requested, here is an update on assisted living facilities in the iowa City area. There are three certified assisted living facilities in the area. They include Hawthorne Inn, Silvercrest Legacy Pointe and Bickford Cottage. A fourth, Melrose Meadows, is under construction. All four facilities are for-profit entities that do not offer rental assistance to residents. There are currently no affordable assisted living facilities in Iowa, however, the Iowa Coming Home Program, a joint initiative between the Iowa Department of Elder Affairs and NCB Development Corporation, recently selected two projects to be built as demonstrations of affordable assisted living. Emerson Point will be constructed in Iowa City and Mehaffey Point will be constructed in Nor[h Liberty. Both demonstration projects will serve moderate, Iow and very Iow income elderly individuals. Attached please find information submitted by the Department of Elder Affairs that describes the demand and the current inventory of assisted living facilities. If you would like additional information, please feel free to contact me at stephen- Iong@iowa-city.org or at 356-5250. cc: Karin Franklin JOHNSON COUNTY, IOWA ASSISTED LIVING PROGRAM DEMAND POTENTIAL & NEED PROFILE POPULATION TRENDS & PROJECTIONS I 1980-2011 I Tota! .Annual · The Johnson County, Year Population Chanqe Percent Chan,qe Percent Iowa population will 1980 81,717 increase an estimated 1990 96,119 +14,402 +17.6% +1,440 +1.76% 8.3% during the 10-year 2000 111,006 +14,887 +15.5% +1,489 +1.55% period 2001 to 2011. The 2001 112,156 +1,150 +1.0% +1,150 +1.03% estimated 2011 2011 121,546 +9,390 +8.3% +939 +0.83% population will be 2. POPULATION AGE DISTRIBUTION, 75~- YEARS · Persons 75+ years of TRENDS & PROJECTIONS age, in Johnson County, 190o.2Oll will increase an estimated % of Chart 20.4% from 2001 to 2011, Aqe Group 1990 2000 2001 2011 2001 -20t* 75+ 3,235 3,92~ 4,008 4,828 +20.4% to 4,828. Persons in 75+ In Nursing 327 1,238 1,262 1,490 +18.0% nursing homes will also ! Home increase. Persons 75+, 75+ In 2,908 2,689 2,746 3,338 +21.5% Jn households, will equal Households ar~ estimated 3,338 by 3. · Persons 75+ years, in ELDERLY PERSONS, 75+ Johnson County, having LIMITATIONS IN ACTIVITIES OF DALLY LIVING limitations in activities of 199o-2Oll dally living will equal an with a Mob0iW or Self-Care Limitations estimated 749, by 2011, Persons having 1990 ;{)01 [st, 2011 Est. ~ limitations would include 632 Person~ 646 Persons 749 Persons I those with one or more mobility or self-care ~,~. ,,~c.~. limitations associated bathing, grooming, 4, dressing and/or home ~OUSEHOLD INCOME, HEAD OF HOUSEHOLD 75+ YEARS management needs. FRENDS AND PROJECTIONS % of Change · The estimated median Income Group 1~91~ 2001 ~011 ;~001-201t income of households, in Less than $5,000 213 117 86 -26.5% $5,000 - $9,999 540 378 242 -35.9% Johnson County, with $10,000-$14,999 393 323 274 -15.1% head of household 75+ $15,000-$24,999 439 518 703 +35.7% years, for 2011, will be $25,000-$34,999 324 375 554 +47.7% $30,795; a 10 year $35,000-$49,999 177 215 377 +49.0% $50.000 & Over 194 253 ~ +~8..7% increase of 52.1%. TOTAL(SPECIFIED) 2,280 2,179 2,587 +18.7% ~st, Median Income $14,921 $20,240 $30,795 +52.1% ~ "Specified"is an estimated total, derived from the ~, ~ ~ projection of Census EST. HOUSEHOLD INCOME CATEGORIES, HEAD OF HOUSEHOLD 75+YEARS · In Johnson County, the 2OOl & 2011 current estimated 2001 Est. Households 2011 Est. Households number of households, ~1.0 Personst (~ ~1.0 Persons~ ~ with head of household 0% - 50% AMI ($0-$22.,000) 1,251 0% - 50% AMI ($0-$24,240) t,346 75+ years, at 0% to 60% 51% - 60% AMI ($22,001-$26,400) 227 51% - 60% AMI ($24,241-$29,090) 293 of median income is 61% - 80% AMI ($26,401-$35,200) 392 61% - 80% AMI ($29,091-$38,790) 391 1,478. This number will 81%- 100% AMI ($35,201-$44,000) 136 61% - 100% AMI ($38,791-$46,490) 266 101%+ AMI ~4 001-~t 303 101%+ AMI l$48.491+) ~ increase to 1,639 by TOTAL 2,309 TOTAL 2,742 ')011. NOTE: fi% Adjustment For Specified Household s,~:~ c~.~.,F^ *AMI = Area Median Income ' An adjustment of 6% occurred for the The Johnson County "Assisted Living Program Demand Potential and Need household totals in Profile" provides a starting point for your analysis, and is not a substitute for a 'Fable 4, to allow for a thorough market analysis. In addition to the information contained in this Profile, more accurate you will need to collect information on the availability of health care, long term care representation of total and Iow-income housing in this county, ~nd determine how this influences the households 75+ years potential need for assisted living development, of age. 6. · Utilizing an absorption EST. ELDERLY AFFORDABLE ASSISTED LIVING PROGRAM NEED, rate of 5%, an NEAD OF HOUSEHOLD 75+ YEARS ~ 5% & 10% ABSORPTION RATE* 2001 & 2011 estimated 70 2001 households, in Johnson County, 75+ Total years, of very-low Income Adjustad 6% 10% ,~ro~l~ Households ** AbsorD6on Absorr~tion income status, could 0% - 50% AMi ($0~$22,000) 1,301 65 130 utilize an affordable 51% - 60% AMI ($2.2,001-$26,400) 260 13 26 assisted living 6t % - 80% AMI ($26,401-$35,200) 444 22 44 program by 2011. 81% - 100% AMI ($35,201-$44,000) 165 8 17 The 10% absorption 101%+ AMI ($44,001+~ 391 2_~0 39 of these estimated TOTAL 2,561 128 256 income eligible 2011 households would be Income Total 140. Groua Adjusted 5% 10% Households ** Absorotion ~.bsor~)tion ' Absorption rate is 0% - 50% AMi ($0-$24,240) 1,405 70 140 defined as the 5t% - 60% AMI ($24,241-$29,090) 330 16 33 recommended 6t % - 80% AMI ($29,091-$38,790) 447 23 45 maximum number of 81% - 100% AMI ($38,791-$4&490) 308 16 31 households, of the lotal 101%+ AMI ($4fi.491+1 550 27 55 available to be absorbed, or served by typical range is 5% to 10% of the available (apartments, funded by tax credits, USDA-RD ar HUD) was 93%. Before considering The 1990 Census reporled households 65+ years with housing problems/ (Table problems, with 856 being cost burdened. Affairs, 200 10 Street- 3 Floor, Des Moines, IA 50309; phone 515/242-3346; B. ASSISTED-LIVING FACILITIES INVENTORY OF ASSISTED-LIVING FACILITIES IOWA CITY, IOWA SITE EFFECTIVE MARKET AREA AUGUST 2001 MAP PROJECT TYPE/ PROFIT/ YEAR CODE PROJECT LICENSURE NONPROFIT OPENED 1 MELROSE MEADOWS U/C PROFIT U/C 350 DUBLIN DRIVE IOWA CITY, IOWA (319) 341-7893 2 HAWTHORNE INN RENTAL/ PROFIT 2001 1500 lsT AVENUE NORTH ASSISTED-LMNG MAY CORALVILLE, IOWA (319) 337-6320 3 SILVERCREST LEGACY POINTE RENTAL/ PROFIT 2001 1020 SOUTH SCOTT BOULEVARD ASSISTED-LMNG MAY IOWA CITY, IOWA (319) 341-0911 4 BICKFORD COTTAGE* RENTAL/ PROFIT 1998 3500 LOWER WEST BRANCH ASSISTED-LIVING ROAD IOWA CITY, IOWA (319) 351-3200 U/C - Under construction, due to open spring 2002 *New owners (formerly Sterling Honse) July 2001 DANTER VI4 COMPANY SLEEPING ROOM ENDOWMENT FEE AND RENTAL ANALYSIS ASSISTED-LIVING FACILITIES IOWA CITY, IOWA SITE EFFECTIVE MARKET AREA AUGUST 2001 ENTRANCE/ ~ DAILY RATE MAP ENDOWMENT CODE PROrlECT FEE PRIVATE SEMIPRIVATE COMMENTS 1 MELROSE MEADOWS U/C 2 HAWTHORNE INN $70.00 LEVELS 2 AND 3 EACH $10 PER DAY ADDITIONAL 3 SILVERCREST LEGAC~ $3,500 $80.00 COMMUNITY FEE POINTE REFUNDABLE BASED ON TIME LIVED IN FACILITY; SECOND PERSON FEE RANGES FROM $350 TO $750 MONTHLY 4 BICKFORD COTTAGE- $4,500 $78.83- ONE TIME $95.50 COMMUNITY FEE U/C - Under construction DANTER VI-8 COMPANY ONE-BEDROOM UNITS ENDOWMENT FEE AND RENTAL ANALYSIS ASSISTED-LMNG FACILITIES IOWA CITY, IOWA SITE EFFECTIVE MARKET AREA AUGUST 2001 ENTRANCE/ I DAILY RATE MAP ENDOWMENT CODE PRO~JECT FEE PRIVATE SEMIPRIVATE COMMENTS 1 MELROSE MEADOWS 2 HAWTHORNE INN 5 SIL~RC~ST LEGACY $3,500 $89.83- COMM~I~ FEE PONTE $94.17 ~FUND~ BASED ON ~E L~D ~ FAC~; SECOND PEON FEE RANGES FROM $350 TO $750 MONTI-LLY 4 BICKFORD COTTAGE DAN-I-ER VI-9 COMPANY 1 TWO-BEDROOM UNITS ENDOWMENT FEE AND RENTAL ANALYSIS ASSISTED-LIVING FACILITIES IOWA CITY, IOWA SITE EFFECTIVE MARKET AREA AUGUST 200l ENTRANCE/ DAILY RATE MAP ENDOWMENT CODE PRO~ECT FEE PRIVATE SEMIPRIVATE COMMENTS 1 MELROSE MEADOWS 2 HAWTHORNE INN 3 SILVERCREST LEGACY $3,500 $100.83- COMMUNITY FEE POINTE $109.17 REFUNDABLE BASED ON TIME LIVED IN FACILITY; SECOND PERSON FEE RANGES FROM $350 TO $750 MONTHLY 4 BICILFORD COTTAGE DANTER VI-10 COMPANY To: Chief Winkelhake From: Officer R. A. Mebus Ref: Monthly Activity Report Date: January 2002 Copy: Captain Widmer During the period covered by this report, 6 different officers spent a total of 5.25 hours participating in than 6__community events and had contacted nearly 138 persons. Listed is an overview of the different events. DATE OFFICER Contacts Length Activity 01-13-02 Gist 40 1.0 hr Youth Group- K9 Activities 01-15-02 Mebus 35 2.0 hrs Self Defense for Women 01-21-02 Heick, S 23 .5 hr. Career Day - 911 & Dispatch _ 01-24-02 Brotherton 15 .75 hr Ecumen.Tower Coffee 01-24-02 Moore 10 .5 hr Scout tour of ICPD 01-25-02 Hewlett 15 .5 hr PreSchool tour of ICPD The month of January showed a total of 6 different officers visiting 12 different schools for various activities. These activities include: DARE (Regina Elem), Classroom visits (presentations), visiting at recess and lunch times, visiting before school ( meet parents). The school visit time for January 2002 is approx. 30.75 hrss Iowa City Police Department IP15 Monthly Liquor License (OFF PREMISE SALES) Report DECEMBER 2001 YEAR 200'1 onthly Total Year to Date Totals ArrestNisit Business Name ~A B ~A B YTD A&J MINI MART - 2153 ACT CIR. 0 0 0 0 AAJAXXX LIQUOR STORE 0 0 0 0 BIG KMART-HOLLYVVOOD BLVD 0 0 0 0 COLLEGE ST. OASIS 0 0 0 0 CUB FOODS 0 0 3 0 DAN'S SHORT STOP CORP 0 0 0 0 DELI-MART - MORMON TREK 0 0 7 0 DELIMART- S. BENTON 0 0 5 0 DELIMART-HVVY 1 1 0 7 0 DELIMART-LWR MUSCATINE 0 0 1 0 DOC'S STANDARD 0 0 0 0 DRUGTOWN 0 0 0 0 EAGLE FOOD CENTER- N.DOD. 0 0 0 0 FAREWAY STORES INC 0 0 0 0 GASBY'S - S. GILBERT 1 0 '1 0 GASBY'S EAST - 2303 MUSCAT. 0 0 0 0 HANDIMART - DUBUQUE ST. 0 0 8 0.1 3 HANDIMART- N.DODGE 0 0 0 0 HANDIMART- WlLLOWCREEK 1 0 8 0 HARTIG DRUG - MORMON TREK 0 0 0 0 HAWKEYE CON ST-KIRKWOOD 0 0 0 0 HY-VEE- N. DODGE ST 0 0 0 0 HY-VEE- S. 1ST AVE 0 0 0 0 HY-VEE- WATERFRONT 0 0 0 0 JOHN'S GROCERY INC 0 0 0 0 KUM & GO - MORMON TREK 2 0 11 0 KUM & GO - GILBERT 1 0 8 0.13 KUM & GO- S. RIVERSIDE 1 0 9 0 KUM & GO- W. BURLINGTON ST 0 0 2 0 L&M MIGHTY SHOP INC 0 0 4 0 MINI MART 0 0 0 0 NEW PIONEER COOP 0 0 0 0 NORTH DODGE EXPRESS 0 0 1 0 OLD MARKET PLACE 0 0 0 0 Column A is the number of times a license holder is visited specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the tota~ number of charges. Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES) Report DECEMBER 2001 YEAR 2001 onthly Total Year to Date Totals Arrest/Visit Business Name A ~B A B YTD ON THE GO CONV. STORE INC. 0 0 0 0 0 OSCO DRUG 0 0 0 0 PETRO-N-PROVISIONS 0 0 3 0 RUSS' AMOCO SERVICE 0 0 0 0 SCOTT BLVD HAWKEYE CON ST 0 0 0 0 SUBURBAN AMOCO 0 0 2 0 SUBURBAN AMOCO-KEOKUK 0 0 1 0 T&M MINI MART 0 0 0 0 TOBACCO OUTLET PLUS- S. RIV 0 0 0 0 TOTAL 7 0 0 0 81 0 2 0.02 Column A is the number of times a license holder is visited specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the total number of charges. Memo To: Rick Mascari, CommiS~On Chai~,~mon From: Ron O'N~il, Airport Manager Date: February 11, 2002 Re: Commission project I have brought several issues to the attention of the Aiq)ort Commission the past few months that should be acl~d upon by lhe Commission. In the past, the Commission has done preliminary work on issues through subcommittees. Some of the issues listed below have been assigned subcommittees and some need to have subcommittees assigned. It may be helpful to have reports from the subcommittees on a monthly basis. Some of the issues will require funding from the Council. Some are reimbursable from the FAA. 1. Enviro~rne~taJ assessment and SectJo~ 106 Historical Review - This must be completed before any FM funding will be granted for consffucfion projects. Ads have been published for RFQ's. A scope of se~ces should be developed, RFP's solicited and interviews scheduled. The EA and Section 106 could take up to a year to complete. This could moan a delay in grants. Subcommittee - none assigned 2. Obstruction removal project - A grant has been receh~ed from the Iowa Department of Tmnsporlaflon. Ads have bc~--~ published reque~ng RPQ's. A scope of services should be developed, RFP's solicited and inte~ews scheduled. This is a project that should begin as soon as the Commission selects a consultant firm. The most important obsffucfion to remove is the United hangar. Subcommittee - none assigned. 3. Five-year ~tr,~l. egy/business plan - Howard Horan sta~ed outlining a plan a couple of years ago. Alan Ellis has provided lhe Commission ~ information to continue developing an outline and plan. Subcommittee - Mascad and Ellis · Page 1 4. T-hangar leases - Bldgs A, B, & C - The Commission began work on this project in May of 2001. There was a problem with the insurance language in the lease. The insurance problem needs to be resolved and leases completed for the thirty north t-hangars. Subcommittee - Horan and Ellis 5. Aviation Commerce Park - The infrastructure is completed. Because money in the FY 2003 budget for landscaping and permanent signs has been eliminated, the Commission will need to decide how to proceed with the development. This may be a pdme area forTIF. A grand opening should be scheduled. Subcommittee - Mascad and Ellis 6. Capital projects subcommittee - It would be beneficial to the Airport to have a standing committee that updates and pdodtizes capital projects necessary at the Airport. FAA and IDOT grant applications would then be coordinated with this list This could be considered part of the business plan. Subcommittee - none assigned 7. Updated DBE and pavement management plan - Both are required before the FAA funds construction projects. Subcommittee - none assigned 8. Airport Layout Plan update - Because of several changes at the Airport in the last year, H.R. Green Company was hired to update the Airport Layout Plan. This is being done in conjunction with the Airport Zoning update. This will require input and review by the Commission. Subcommiffee - none assigned. 9. Council/Commission subcommittee - This group was originally formed to work out details for the Aviation Commerce Pan~ Because the Council has indicated they would like to be better informed about the Airpo~ perhaps this group could meet on a regular basis. Subcommittee - Mascafi and Ellis. I am aware that these projects will require a lot of additional volunteer time flom the Commission. These are issues that all need to be addressed as you move forward to implement the Airport Master Plan. You may want to take time dudng your chairperson report at the meeting on Thursday to fill out the list of subcommittees so the Commission can move fon~ard on these projects. Co: Aiq~ort Commission Sue Dulek, Assi~ant/~ Attorney City Council ~ · Page 2 City of Iowa City MEMORANDUM Date: February 12, 2002 To: City Council From: Eleanor M. Dilkes, City Attorney~l~/' Re: Applicability of Public Records and Open Meetings Laws to E-mail Attached is an article from the current issue of Municipal Lawyer, the pubtication of the International Municipal Lawyers Association. This article succinctly and simply summarizes the issues raised by the application of public records and open meetings laws to e-mail. While specific questions must, of course, be answered with reference to Iowa law, the issues identified in the article are applicable to Iowa City Council members' e-mail communications. Attachment cc: Steve Atkins Dale Helling Marian Karr City Attorney staff Department Directors eleanor/rnem/emailarticle.doc Asa means giving and re- Regardless outcome, some of Council Member's of the ceiving information, the ben- Home E-mail is Not important lessons xvere learned. Coun- efits of e-mail to council a0 Electronic Castle cji members should understand that members are obvious--no more phone In Arlington, Texas, a citizen recently their home e-mail communications tag; no more busy signals; and no more made a public information request to could be the subject of a public infer- answering machines. A busy constitu- the City for, among other things, all of mation request if they contain any city- ent can utilize e-mail to send a quick a particular council member's home e- related matters. Budget permitting, cit- comment, ask a simple question, or mail. The City, pursuant to the procc- ~es should consider providing city- expound at length on matters of inter- dures set out itt the Texas Public Inter- owned computers and e-mail accounts est to the constituent. However, many mation Act, requested a determination for council members, with advice to elected officials a~d their constitu- from the Texas Attorney General. council members to confine their city- ents do not know that their commune- Under the Texas statute, tbe term "pub- related e-mail to that device. Council cation may be treated as public infer- lic inh)rmation" means: members should also refrain from pub- marion, even if a message is sent to lishing their private e-mail addresses in an official's home e-mail address. Information that is collected, as- city directories, on business cards, and Likewise, elected officials may nor sembled, or maintained under a on office stationery. Finally, council realize that e-mail communications law or ordinance or in connection members might be well advised to dis- amongeachothermaybeaviolationof with tbe transaction of official close to their constituents that if the open meetings laws. As reliance on business: constituent communicates with the electronic mail increases, ~t is important (i) by a governmental body; or member by e-mail, the messages could for elected officials and their attorneys (2) for a governmental body and be considered public information sub- to consider the application of public the governmental body owns ject to the public information laws. information laws, open meeting re- the information or has a right quirements, and document retention of access to it.2 Applicability 0f Open practices to electronic mail. This article Meetings Laws to E-mail discusses those issues, the application of The Arlington council member was us- E-mail communications between coun- these laws to e-mail, and concludes with ing her home computer e-mail account cil members can create legal problems practice tips. to interact with constituents and otb- that are unique to council members. ers. No city funds were used to pay for Certain e.mail communications gener- Applicability 0f Public the e-re. ail account or the home corn- ated by council members and sent Information Laws puter equipment. However, the Texas to other council members may violate t0 E-mail Attorney General ruled that the home local or state open meetings laws.6 Many, if not virtually all, public in- e-mails were public records and must be The widespread use of electronic mail formation laws now apply to electroni- disclosed) The opinion relied in part has made it relatively easy for council cally generated documents.~ Since upon the council member listing her members to communicate directly e-mail communications are a form of home e-mail address on a council busi- and instantaneously with some or all electronically generated documents, ness card? In Texas, the Attorney of their colleagues. Thus, e-mailcreates council members need to understand General's public information determi, a tremendous potential and tempta- that some of the e-mail communica- nation has the force of law unless over- tion for substantive discussions of tions they generate or receive could turned by a court. The City has now city-business related topics to occur become the subject of a public infer- filed a lawsuit seeking to reverse the without the public's knowledge or mation request, just like the other Attorney General's ruling? continued on page !2 written correspondence they send and receive. Absent contrary statutory or Jay B. Doegey has been the City Attorney of ArLington, Texas, since judicial direction, requests should be 1986. He was an Assistant City Attorney 0f Corpus Christi, ~exas, analyzed and handled in the same from 1977 to 1986. He is the Chair of IMLA's Ethics Section and serves way that a request for a printed or on IMLA's Awards Committee. In 1996, he received IMLA's written document is handled. The Distinguished Public Service by a Local same scope of applicability and excep- Government Attorney Award, and has also tions likely apply, depending upon tl~e been designated as an IMLA Local precise wording of the public infer- Government Fellow. mation laws for the locality. When Elizabeth Lutlon is a Senior Attorney with council metnbers use the same equip- theCityofArlington, Texas. She is Board Certified bytheTexasBoard ment and e-mail address for both per- of Legal Specialization in Labor and Employment Law. She is als0 a serial use and city business, they may graduate of Texas Tech University with a Doctor of Jurisprudence be creating unanticipated difficulties degree and a Master's in Business Administration degree. for themselves. The authors wish to acknowledge the assistance of Jeanene Mclntyre and Don W. King, Jr. Jcmuary/Februa~y 2.002 Vol. 43, No. I 11 THINK BEFORE the communication (i.e., whether the The language should advise senders YOU REPLY communication is considered "public that their e-mail responses may be information" by law) and not its subject to the public information continued from page 11 medium, is what usually determines statute for the locality. applicability of the law. Council mere- · Caution council members against opportunity to observe. What makes e- bers should be given guidance and as- using e-mail to communicate with mail so potentially troublesome is that sistance on the applicability, require- other council members on sub- it bas the informality of a telephone, ments, and methods of compliance jects and in situations where the However, it is nmcb easier to create a with the records retention laws of e-mail communications would "conference" among a significant por- tbe locality. A local records retention constitute a deliberation that might tion of the city council simply by ordinance or policy can go a long be subject to the open meetings creating an electronic council member way toward simplifying the process by statute. distribution list. Because e-mail creates assigning retention responsibilities to · Discourage council members from a verbatim recording of an entire series particular persons. For example, reten- using e-mail to co~nmunicate with of communications, it can provide tion responsibility for e-mail sent to groups or the entire membership of the city council through use "smoking gun" evidence of open meet- or from city staff can be assigned to ings violations. Council members the city staff member, rather than a of a group distribution list or series should, therefore, treat e-mail as if ~t city council member. If correspondence of e-mails to all, or a subset of indi- were a recorded and transcribed tele~ with constituents or other city-related vidual, council members. Emphasize phone call. Council members should electronic communicattons are con- that the flow of e-mail communica- also be aware that some open meetings sidered public information by law, ttons channels should be with and laws apply to communications of less then sucb communications can be through the city staff', rather than than a quorum of the city council (e.g., saved in electronic files or placed in a between council members. council committees).7 In addition, paper file folder after it is converted ° Conspicuously [abel all confidentia[ council members should also avoid to written hard copy form. The proper attorney-client communicattons intentionally meeting in groups of less items for retention and the time sent to council members. It may be than a quorum for the purpose of cir- period will be governed b~y the retch- helpful to insert a code such as"[C]" cumventing the open meetings laws.s tion schedule, in the subject line in order to more Accordingly, council members are best readily identify privileged commu- advised to exercise caution when di- Pra0tien Tips nications. rectlycommunicatingwithfellowcoun- Municipal attorneys should consider · Programsomerecordsretentionfiles cji members outside of an open meet- implementing the following recom- for council members to electroni- inc. They should, instead, rely upon city mendations: cally file messages sent and received. staff to the extent permitted by law to · Provide guidelines to council mem- transmit important information of in- · At the onset, educate and inform bersonwhichitemsmustberetained terest to other council members, council members--for example, for records retention purposes and provide an orientation for new which items may be deleted (e.g., Applicability of Records council members on the potential copies of messages or messages of no substantive or administrative value, Retention taws to E-mail applicability of the open meet- Besides the compliance problems that ings, public information, and records depending upon the provisions of e-mail poses for council members un- retention statutes to electronic the records retention statute for the der the open meetings and public communications and electronically locality). information laws, further problems are generated documents. · Provide city staff to properly man- created by the application of records · If possible, the local government age (electronically file and dispose retention laws to electronic communi, should provide a specially designat- of) e-mail communications for coun- cations. Most cities are subject to laws ed computer and e-mail address cji members. that require that city documents be to each council member to be · Caution council members about kept for a certain retention period, exclusively used for city-related transmitting information that is pro- Council members may not be aware business, hibited by public information stat- that most records retention laws con- ° Council members should avoid list- utes from being disclosed. For ex- rain no exception for e-mail.9 Once ing private e-mail addresses on offi- ample, one state recentlyprohibited again, the seeming informality of e-mail cial council member letterhead, the disclosure of citizen e-mail ad- often causes users to treat such commu- stationery, official correspondence, dresses except under certain circum- nications lightly, such that they can be or business cards, stances? · Caution council members that once immediately discarded or trashed · Program disclosure language to au- after reading. As in the case of the tomatically appear in every council an e-mail document is created, it public information laws, the content of member-generated reply message, continued on page 29 12 Municipal Lawyer (Banks-Baldwin 2000 Suppl.); Okla. Stat. THINK BEFORE Yoo REPLYcontinued from page 12 Ann. Tit. 51 824A. 1 (2001 Cum. Supp.); Ore. Rev. Stat. 8192.410 (19953; Pa. Stat. Ann. T~t. may continue to exist indefinitely within the memories of various computers. E- 65 866.1 (2000);R.I. Gen. Laws 838-2d (2001 Supp.); S.C. Code Ann. §30-4-30 (19763; S.D. mail communications thought to have been "deleted" can usually be retrieved Codified Laws Ann. 81-27-1 (2001 Supp.); by computer technicians in the event of litigation discover,,,. Tenn. Ct~e Ann. 810-7-503 (19993; Tex. Rex,. Civ. Stat .Ann. Gov't 8552.021 (2002 Cum. Notes Supp.) Utah Code Ann. 863-2-301 (2001 1. See, eg, Tex. Gov't Code Ann. § 552.002(b) (Vernon 20013. Supp); Vt. Stat. Ann. Tit. 1 8 317 (2001 Cum. 2. Tex. Oov't Code Ann. § 552.002(a) (Vernon 200I ). Supp.); Va. Code Ann. 82.2-3704 (2000); 3. Op. Tex. Att'y Gen. No. OD 2001-1790 (May 2, 20013. Wash. Rev. Code Ann. 842.17.260 (20003; 4. Id. W. Va. CodeAnn. 829B-l-l(1998);Wis. Stat. 5. Cit,~ ofArlingtoi~v. JohnCornsn No. GV-100996(345th Dist Ct. Trwis(2ounn TX filed Ann. §19 31(2001 Cum. Supp.); Wyo. Stat. § May 10, 20013. 16-4-201 (20013 6. See, e.g., Ariz. Rev. Stat. § 38-431 (2000); Tex. Oov't Code Ann. §551.001 (Vernon 20013 18. See, e.g, Ark. Code Ann. §25-19-103(1 ) 7. Adz Rev. Stat. § 38-431 (20003:88 Op. Ill. Att'~ Gen. (1982 Op. Tex Att'y Gen No. (1996 Repl.); Cal. Ann. Gov't Code 86252(e) 1072(19893. (2001 Cum. Supp.); Conn. Gen. Stat. Ann 8. Tex. Gov't Code Ann 8 551.143 (\~emon 2001);N.Y Corem. on Open Gov't OML-AO-1386 81-200(53 (2001 Rev.); Del. Code Ann. tit.29 and AO-2256 ( ). §10002(d) (1997 Rep.); Md. Ann. Code State 9. N.Y. Arts & Cult. Aff. Lax~ 8 57.17 (Consol. 2001 ); 5 Ill. C,m~p. Stilt. 160/2 (2001); Ariz. ©ov't §10-611(g) (1999 Repl.); Miss. Code Stat. § 41-1350 (20013; 53 Pa. Cons. Stat Ann. § 1382 (\Vesl 20013; 42 Pa. C, ns. Stxt. Ann. Ann. §25-61-3(b) (19723: Neb. Rev. Stat. §84- § 4321 (West 2001 ). 1202(163 (1999 Supp.); S.C. Clyde Aun. 10. Tex. ©ov't Code Ann. §§ 552.136 and 552.137. ~ 830-4-20(c) (19763; Va Code Ann. §2.I-341 (2000 Repl.). 19. R.I. Gen Laws 838-2-2(4)(0 (2001 Supp.); seealsoCoh~.Rev. Stat. Ann.§24-72-202(13(c) CASES continued from page 27 tions ordinarily will not involve (20013. public concern speech complaining of 20. R.I. Gen. Laws§38-2-2(43(i)(2001 Supp.). credentials to make sure tbey were misconduct witbin the police depart- 21. Alas. Stat. 809.25.120(23 (2000). valid, and deny access to those with- ment is speech addressing a matter of 22. Conn. Gen. Stat. Ann. 81-210(b)(3)(E) out sufficient credentials. "This would public concern." (Internal quotes and (2001 Rev.). provide an adequate balance between citationsomitted.)Thecourtremanded 23. Idaho Code 89-340B(23 (2001 Cum. Supp.). protecting residents from dangerous the case to the district court to deter- 24. Cai. Ann. Gov't Code 86254(f)(I) (2001 imposters and promoting political mine whether Branton had suffered Cum. Supp.); Ore. Rev. Stat. 8192.501(33(a) discourse." Vasquez v. Housing Author- adverse employment action. Branton (19953. ity of City of El Paso, 271 E3d 198 (5th v. City of Dallas, 272 E3d 730 (5th 25. Montoya v. Santa Fe County Housing Cir. 20013. Cir. 20013. Authority, U.S. District Court, NM CIV. No. 96-954 LH/DJS (Dec. 11, 19973 (unpublished Speech on Police Cross Burning Law opinion). Misconduct Protected Violates 1st Amendment 26. Id., citing N.M. Stat. Ann. §14-2-1(F) The Supreme Court of the State of Vir- (2001 Cum. Supp.). The Fifth Circuit has held that an in- 27.421 U.S. 132 (19753. ternal affairs investigative officer's al- ginia has held that a Virginia Statute 28. 465 U.S. 792 (19843. leged ex parte communication with a that prohibits the burning of a cross, 29. N.D. Cent. Code §44-04-18(53 (2001 hearing officer is protected First andmakessuchburningprimafacieevi- Cum. Supp.). Amendment speech. Branton had been dence of an intent to intimidate a per- 30. Ga. CodeAnn. §50-18-70(a)(1994Rev.). employed by the Dallas Police Depart- son or groups of persons, violates the 31.Oa. CodeAnn. 850-18-70(a) (1994Rev.) ment since 1977, with an exemplary First Amendment. Black v. Common- 32. Ga. Code Ann. 850-18-70(a) (1994 Rev.) service record. She was assigned to in- wealth, 553 S.E.2d 738 (Va. 20013. The 33. Colo. Rev. Stat. Ann.824-72-204(3.5)(a) (20013. vestigate an internal complaint between consolidated cases involved a cross- 34. Ore. Rev. Stat. 8192.445(13 (19953. two officers. At the close of the hear- burning as part of a Ku Klux Klan rally 35. See, e.g. Kallstrom et. al. v. City of Co- ing, Branton went to the assistant city with the property owner's permission lumbus, 136 E3d 1055 (6th Cir. t9983 (un- manager (who had the final authority and an attempt at cross-burning in the dercover police officers testified at a drug in determining the hear'nc s outcome) yard of an African-american person trial; defense counsel requested and obtained and informed him of false statements without that person's consent. An in- trom the c'ty the 3fleers employmen fdes. made by one of the officers at the hear- termediate state appellate court upheld Officers k~und to have a privacy interest of a inc. After tbe hearing concluded, the the statute. The Virginia Supreme constitutional dimension in certain personal police chief relieved Branton of her du- Court, citing R.A.V.v. St. Paul, 505 information in their personnel files and en- titled to injunctive relief requiring the city ties and responsibilities as investigator U.S. 377 (19923, found that the Vir- to provide notice to them prior to releasing and supervisor. The court found that ginia Statute was unconstitutional, as information contained in their personnel "lw]hile speech pertaining to internal a content-based prohibition on speech. files to the public.) ~ personnel disputes and working condi- continued on page 31 January/February 2002 Vol. 43, No. I